Item - 2015.MM11.45

Tracking Status

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

MM11.45 - 2 Wilket Road - Rezoning and Site Plan Applications - Request for Direction - by Jaye Robinson, seconded by Councillor Gary Crawford

Decision Type:
ACTION
Status:
Amended
Ward:
25 - Don Valley West

City Council Decision

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

 

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor Jaye Robinson.

 

2.  City Council authorize the public release of the confidential recommendations adopted by City Council, as amended and Schedule 5 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor and City Council direct that the balance of Confidential 1 to the report (December 10, 2015) from the City Solicitor remain confidential.

 

The following confidential recommendations in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor were adopted by City Council, as amended, and are now public:

 

1. City Council direct the City Solicitor, to appear at the Ontario Municipal Board in support of the revised proposal on the condition that the applicant plant a minimum of 5 little leaf linden trees, with a minimum caliper of 60 mm, and a cedar hedge along the east property line, to the satisfaction of the Director, Community Planning, North York District in consultation with the local Ward Councillor.

 

2. Should the Ontario Municipal Board approve the applications, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order(s) approving the applications until such time as:

 

a. the Board has been advised by the City Solicitor that the proposed zoning by-law amendment is in a form satisfactory to the City; and

 

b. all pre-approval conditions have been met for the Site Plan Control Application.

 

Schedule 5 to Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor is 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 subject to solicitor-client privilege and  it pertains to litigation or potential litigation that affects the City.

Confidential Attachment - Advice subject to solicitor-client privilege and litigation or potential litigation that affects the City

Background Information (City Council)

Member Motion MM11.45
https://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-86632.pdf
(December 10, 2015) Report from the City Solicitor on 2 Wilket Road - Rezoning and Site Plan Applications - Request for Direction
https://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-86633.pdf
Confidential Attachment 1
Confidential Schedule 5 - made public on December 17, 2015
https://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-87061.pdf

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Jaye Robinson (Carried)

That Councillor Jaye Robinson be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning:

 

2 Wilket Road - Rezoning and Site Plan Applications - Request for Direction Report

 

Reason for Urgency:

 

This Motion is urgent as staff require Council's direction on a settlement offer. The Ontario Municipal Board hearing is scheduled to begin on January 18, 2016, before the next meeting of Council.


1 - Motion to Amend Item moved by Councillor Jaye Robinson (Lost)

That City Council amend the confidential instructions to staff contained in the Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor in accordance with the confidential instructions attached to this Motion.

Vote (Amend Item) Dec-10-2015 7:46 PM

Result: Lost Majority Required - MM11.45 - Robinson - motion 1
Total members that voted Yes: 16 Members that voted Yes are Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Mark Grimes, Stephen Holyday, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 19 Members that voted No are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Janet Davis, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Jim Karygiannis, Josh Matlow, Denzil Minnan-Wong, Ron Moeser, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Filion, Rob Ford, Norman Kelly, Mike Layton, Giorgio Mammoliti, Cesar Palacio, David Shiner

Motion to Adopt Item (Carried)

Vote (Adopt Item) Dec-10-2015 7:49 PM

Result: Carried Majority Required - MM11.45 - Adopt the item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Mary Fragedakis, Ron Moeser, Jaye Robinson
Total members that were Absent: 9 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Filion, Rob Ford, Norman Kelly, Giorgio Mammoliti, Cesar Palacio, David Shiner

Motion to Reconsider Item moved by Councillor Glenn De Baeremaeker (Carried)

That in accordance with Chapter 27, Council Procedures, City Council reconsider Item MM11.45.

Vote (Reconsider Item) Dec-10-2015 7:53 PM

Result: Carried Two-Thirds Required - MM11.45 - Reconsider the item
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are John Campbell, Shelley Carroll, Raymond Cho, Janet Davis, Jim Karygiannis, Ron Moeser, Gord Perks, Michael Thompson
Total members that were Absent: 10 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, John Filion, Rob Ford, Norman Kelly, Mike Layton, Giorgio Mammoliti, Cesar Palacio, David Shiner

2 - Motion to Amend Item moved by Councillor Jaye Robinson (Carried)

That City Council amend the confidential instructions to staff contained in the Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor in accordance with the confidential instructions attached to this Motion.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-10-2015 9:25 PM

Result: Carried Majority Required - MM11.45 - Adopt the item as amended (after reopening)
Total members that voted Yes: 25 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, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, John Tory
Total members that voted No: 7 Members that voted No are Shelley Carroll, Janet Davis, Mary Fragedakis, Josh Matlow, Gord Perks, Jaye Robinson, Michael Thompson
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

Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that once Council has adopted the Item, it cannot go back to re-open the amendment.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council would have to re-open the Item and the Member would have to place the amendment again.


Point of Order by Councillor Mike Layton

Councillor Layton, rising on Point of Order, requested clarification from the City Clerk on whether Motion MM11.45 could be re-opened.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Clerk to respond.

The City Clerk advised Members that the Motion can be re-opened and Council's previous decision is in place until Council decides otherwise.

Source: Toronto City Clerk at www.toronto.ca/council