Item - 2015.CC11.1

Tracking Status

  • City Council adopted this item on December 9, 2015 with amendments.

CC11.1 - 11 Lillian Street and 132-142 Soudan Avenue - Ontario Municipal Board Hearing - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
22 - St. Paul's

City Council Decision

City Council on December 9 and 10, 2015, adopted the following:

 

1. City Council adopt Confidential Recommendation 1 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor.

 

2.  City Council authorize the public release of Confidential Recommendation 1 and Appendices A and B contained in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor remain confidential.

 

The following Confidential Recommendation 1 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor was adopted by City Council and is now public:

 

1.  City Council accept the Offer to Settle dated December 8, 2015 submitted by Sherman Brown on behalf of the owner of 11 Lillian Street and 132-142 Soudan Avenue set out in Appendix A of Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor and City Council direct the City Solicitor to attend at the Ontario Municipal Board in support of the revised proposal, authorize the City Solicitor to make changes as may be required to the revised by-laws to reflect the modified proposal and authorize City Officials to take such action as necessary to implement the revised proposal if approved by the Ontario Municipal Board, including execution of a Section 37 Agreement, subject to:

 

a.  the owner providing notice of the Ontario Municipal Board proceedings to properties within 120 metres of the expanded site and including particulars of the revised proposal to the satisfaction of the City Solicitor; and

 

b.  the City Solicitor and City Staff being authorized and directed to attend at the Ontario Municipal Board  in support of the original by-laws enacted by Council, as may be technically and stylistically amended to the satisfaction of the City Solicitor, in the event the Ontario Municipal Board does not accept the settlement proposal.

 

Confidential Appendices A and B to Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it contains advice or communications that are subject to solicitor-client privilege and it pertains to potential litigation.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on December 10, 2015, to consider confidential information on this Item as it contains advice or communications that are subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City.

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)

(December 10, 2015) Report from the City Solicitor on 11 Lillian Street and 132-142 Soudan Avenue - Zoning Amendment - Request for Direction (CC11.1)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86662.pdf
Confidential Attachment 1
Confidential Appendices A and B - made public on December 17, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-87056.pdf
(October 26, 2015) Report from the City Solicitor on 11 Lillian Street and 132-142 Soudan Avenue - Ontario Municipal Board Hearing - Request for Direction - Notice of Pending Report (CC11.1)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-86284.pdf

Motions (City Council)

Report of Committee of the Whole

December 10, 2015 at 8:36 p.m. – Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC11.1, headed" 11 Lillian Street and 132-142 Soudan Avenue - Ontario Municipal Board Hearing - Request for Direction".  No motions were made in closed session.  Council would now proceed to the public debate on the item.


1 - Motion to Amend Item moved by Councillor Shelley Carroll (Lost)

That City Council adopt Confidential Recommendation 2 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor.

Vote (Amend Item) Dec-10-2015 8:37 PM

Result: Lost Majority Required - CC11.1 - Carroll - motion 1
Total members that voted Yes: 6 Members that voted Yes are Shelley Carroll, Raymond Cho, Janet Davis, Stephen Holyday, Jim Karygiannis, Gord Perks
Total members that voted No: 26 Members that voted No are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Mary Fragedakis, Mark Grimes, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 13 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Gary Crawford, John Filion, Paula Fletcher, Rob Ford, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, David Shiner, Kristyn Wong-Tam

2 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That City Council adopt Confidential Recommendation 1 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor.

Vote (Amend Item) Dec-10-2015 8:38 PM

Result: Carried Majority Required - CC11.1 - Matlow - motion 2
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 3 Members that voted No are Shelley Carroll, Janet Davis, Gord Perks
Total members that were Absent: 13 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Gary Crawford, John Filion, Paula Fletcher, Rob Ford, Norman Kelly, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, David Shiner, Kristyn Wong-Tam

Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council