Item - 2018.CC36.9

Tracking Status

  • City Council adopted this item on January 31, 2018 without amendments.

CC36.9 - 169 The Donway West - Request for Directions regarding an Ontario Municipal Board Appeal

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

City Council Decision

City Council on January 31 and February 1, 2018, adopted the following:

 

1.  City Council adopt the recommendations in Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor.

 

2.  City Council authorize the public release of the recommendations in Confidential Attachment 1 and Appendices A, B and C to the report (January 22, 2018) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor remain confidential.

 

The confidential recommendations in Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council accept the Settlement Offer set out in Appendices A, B and C to Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor and authorize the City Solicitor to execute Minutes of Settlement as necessary to give effect to a settlement.

 

2.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Municipal Board hearing into this matter in support of the settlement.

 

3. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

 

Confidential Appendices A, B and C to Confidential Attachment 1 the report (January 22, 2018) 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 (January 22, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations and it contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(January 22, 2018) Report from the City Solicitor on 169 The Donway West - Request for Directions regarding an Ontario Municipal Board Appeal (CC36.9)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-111794.pdf
Confidential Attachment 1
Confidential Appendix A - made public on February 6, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-111796.pdf
Confidential Appendix B - made public on February 6, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-111797.pdf
Confidential Appendix C - made public on February 6, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-111810.pdf

Motions (City Council)

1 - Motion to Defer Item moved by Councillor Gary Crawford (Lost)

That consideration of the item be deferred until the March 26, 27 and 28, 2018 meeting of City Council.

Vote (Defer Item) Feb-01-2018 8:17 PM

Result: Lost Majority Required - CC36.9 - Crawford - motion 1 - Defer the item
Total members that voted Yes: 8 Members that voted Yes are Shelley Carroll, Josh Colle, Janet Davis, John Filion, Paula Fletcher, Mary Fragedakis, Frances Nunziata (Chair), Gord Perks
Total members that voted No: 28 Members that voted No are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, Michael Ford, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Anthony Perruzza, Neethan Shan, Lucy Troisi, Kristyn Wong-Tam
Total members that were Absent: 9 Members that were absent are Vincent Crisanti, Frank Di Giorgio, Mark Grimes, Michelle Holland, Giorgio Mammoliti, Jaye Robinson, David Shiner, Michael Thompson, John Tory

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-01-2018 8:18 PM

Result: Carried Majority Required - CC36.9 - Adopt the item
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Mary Fragedakis, Norman Kelly, Josh Matlow
Total members that were Absent: 8 Members that were absent are Vincent Crisanti, Frank Di Giorgio, Mark Grimes, Michelle Holland, Giorgio Mammoliti, Jaye Robinson, Michael Thompson, John Tory
Source: Toronto City Clerk at www.toronto.ca/council