Item - 2014.MM54.20

Tracking Status

MM54.20 - 1926 Lake Shore Boulevard West - Request for further direction - by Councillor Sarah Doucette, seconded by Councillor Frank Di Giorgio

Decision Type:
ACTION
Status:
Adopted
Ward:
13 - Parkdale-High Park

City Council Decision

City Council on July 8, 9, 10 and 11, 2014, adopted the following:

 

1.         City Council adopt the instructions to staff in Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor.

 

2.         City Council authorize the public release only of the Confidential Recommendation 1 and Appendices 1 and 2 to the Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor and direct that the remainder of the Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor shall remain confidential in all circumstances as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation before the Ontario Municipal Board.

 

Confidential Recommendation 1 in Attachment 1 to the report (July 8, 2014) from the City Solicitor was adopted by City Council and is now public:

 

1.         City Council accept the settlement offer dated June 27, 2014, attached as Appendix 1 (the "Settlement Offer") and:

 

a.         endorse the allocation of the remainder of the Section 37 contribution, as set out in Appendix 2 to this Confidential Attachment (the "Section 37 Remainder Allocation");

 

b.         authorize the public release of the Settlement Offer and the Section 37 Remainder Allocation being Appendices 1 and 2 to this Confidential Attachment;

 

c.         direct staff to keep the Swansea Area Ratepayers Group apprised of discussion and progress with respect to the Section 37 Agreement;

 

d.         direct the City Solicitor to attend the Ontario Municipal Board hearing in support of a Zoning By-law Amendment so as to implement the Settlement Offer and the Section 37 Remainder Allocation, in accordance with Appendices 1 and 2 of this Confidential Attachment;

 

e.         approve the dedication of the 3.0 metre wide strip of City-owned lands located between the subject property and Windemere Avenue as public highway;

 

f.          direct staff to involve the Swansea Area Ratepayers Group in discussions relating to site plan approval once a site plan approval application has been submitted;

 

g.         direct staff work with the applicant in the context of the site plan application process, to determine how to appropriately limit access at the Windemere Avenue driveway;

 

h.         direct the City Solicitor to request the consent of the applicant and the Swansea Area Ratepayers Group to amend item 2(c) of the Settlement Offer, with respect to liability insurance and naming certain condominium corporations as additional insured parties for property damage, such that the obligation is no longer required to be included in the Section 37 Agreement but rather is secured to the Swansea Area Ratepayers Group's satisfaction through other legally enforceable means; and

 

i.          City Council authorize and direct appropriate City officials to take the necessary action to give effect to the terms of settlement and each of these recommendations.

 

Appendices 1 and 2 to Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor are now public in their entirety and can be accessed under Background Information (City Council).

 

The balance Confidential Attachment 1 to the report (July 8, 2014) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to pending litigation before the Ontario Municipal Board.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor client privilege

Background Information (City Council)

Member Motion MM54.20
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71340.pdf
(July 8, 2014) Report from the City Solicitor on request for direction - 1926 Lake Shore Boulevard West
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71341.pdf
Confidential Attachment 1
Confidential Appendix 1 - confidential communication dated June 27, 2014 - made public on July 21, 2014
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71321.pdf
Confidential Appendix 2 - Section 37 Remainder Allocation - made public on July 21, 2014
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-71322.pdf
Confidential Appendix 3 - Residents' position

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Sarah Doucette (Carried)

That Councillor Sarah Doucette be permitted to add to the agenda of today's meeting an urgent Motion without notice concerning:

 

1926 Lake Shore Boulevard West - Request for further direction

 

Reason for Urgency:

 

This motion is urgent as the City Solicitor requires instruction for an upcoming Ontario Municipal Board hearing.

Vote (Introduce Motion without Notice) Jul-09-2014 10:23 AM

Result: Carried Two-Thirds full Council Required - Doucette - Add Urgent Motion
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Ceta Ramkhalawansingh, Jaye Robinson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 8 Members that were absent are Raymond Cho, Norman Kelly, Giorgio Mammoliti, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-09-2014 3:02 PM

Result: Carried Majority Required - MM54.20 - Adopt the item
Total members that voted Yes: 41 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, James Maloney, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Ceta Ramkhalawansingh, Jaye Robinson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Gary Crawford, David Shiner, Karen Stintz, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council