Item - 2013.TE24.16
Tracking Status
- City Council adopted this item on June 11, 2013 with amendments.
- This item was considered by Toronto and East York Community Council on May 14, 2013 and was adopted with amendments. It will be considered by City Council on June 11, 2013.
TE24.16 - Request for Direction Report - 245-255 College Street, and 39 and 40 Glasgow Street - Rezoning Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on June 11, 12 and 13, 2013, adopted the following:
1. City Council adopt the confidential instructions contained in the Confidential Attachment to motion 1a by Councillor Vaughan.
2. City Council authorize the public release of the confidential instructions adopted by Council and direct that the remainder of Confidential Attachment 1 to the report (June 11, 2013) from the City Solicitor and the Chief Planner and Executive Director, City Planning (TE24.16b) remain confidential as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation.
3. City Council receive the report (June 11, 2013) from the City Solicitor (TE24.16a) and Confidential Attachment 2 to the report for information.
4. City Council direct that Confidential Attachment 2 to the report (June 11, 2013) from the City Solicitor (TE24.16a) remain confidential in its entirety as it contains advice and opinion that is subject to solicitor-client privilege and information regarding pending litigation.
5. City Council direct that Confidential Attachment 1 to the report (May 10, 2013) from the City Solicitor and the Director, Community Planning, Toronto and East York District remain confidential it its entirety as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation.
The following instructions were adopted by City Council and are now public:
1. City Council direct the City Solicitor to oppose the proposal for 245-255 College Street in it revised form and authorize the City Solicitor to retain outside consultants as appropriate to support City Council's position at the Ontario Municipal Board hearing.
The balance of Confidential Attachment 1 to the report (June 11, 2013) from the City Solicitor and the Chief Planner and Executive Director, City Planning (TE24.16b) remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation.
Confidential Attachment 1 to the report (June 11, 2013) from the City Solicitor (TE24.16a) remains confidential in accordance with the provisions of the City of Toronto Act, 2006 as it contains advice and opinion that is subject to solicitor-client privilege and information regarding pending litigation.
Confidential Attachment 1 to the report (May 10, 2013) from the City Solicitor and the Director, Community Planning, Toronto and East York District remains confidential it 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 information regarding pending 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 June 11, 2013, to consider confidential information on this Item as relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege. City Council subsequently did not consider this Item in the June 11, 2013 closed session.
City Council recessed its public session and met as Committee of the Whole in closed session on June 13, 2013, and considered confidential information on this Item as relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege.
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and includes advice that is subject to solicitor-client privilege
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-58338.pdf
(April 26, 2013) Report from the Director, Community Planning, Toronto and East York District - 245-255 College Street, and 39 and 40 Glasgow Street - Rezoning Application - Request for Direction Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-57897.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-59459.pdf
Confidential Attachment 2
(June 11, 2013) Supplementary report from the City Solicitor and the Chief Planner and Executive Director, City Planning on 245-255 College Street, and 39 and 40 Glasgow Street - Rezoning Application - Supplementary Request for Direction Report Attachments 1 to 4 (TE24.16b)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-59499.pdf
(May 29, 2013) Letter from David Bronskill, Goodmans LLP on 245-251 College Street, 39 and 40 Glasgow Street, and 255 College Street - Confirmation of proposal for July 2, 2013 rezoning appeal hearing inclusion of 255 College Street in rezoning appeal Board File No. PL120328 attached to TE24.16b
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-59500.pdf
Communications (Community Council)
(May 6, 2013) E-mail from Ralph Daley, President, Grange Community Association (TE.Supp.TE24.16.2)
(May 13, 2013) E-mail from Catherine Nasmith, President, Toronto Architectural Conservancy (TE.Supp.TE24.16.3)
(May 14, 2013) Submission from Ceta Ramkhalawansingh, Honorary President, Grange Community Association, submitting a copy of a publication entitled "College Street A Study, Part One, by the Toronto Architectural Conservancy (TE.Supp.TE24.16.4)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-37905.pdf
Motions (City Council)
June 11, 2013 - 7:46 p.m. - Speaker Nunziata advised that City Council had not considered Item TE24.16 in the closed session.
June 13, 2013 at 7:35 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item TE24.16 - Request for Direction Report - 245-255 College Street, and 39 and 40 Glasgow Street - Rezoning Application. No motions were moved during the closed session.
That City Council delete the Toronto and East York Community Council recommendations and replace them with the following new recommendations:
1. City Council adopt the instructions in the Confidential Attachment to this motion.
2. City Council authorize the public release of the confidential instructions adopted by Council and direct that the remainder of Confidential Attachment 1 to the report (June 11, 2013) from the City Solicitor and the Chief Planner and Executive Director, City Planning (TE24.16b) remain confidential as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation.
3. City Council direct that Confidential Attachment 1 to the report (May 10, 2013) from the City Solicitor and the Director, Community Planning, Toronto and East York District remain confidential it its entirety as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation.
Vote (Amend Item) Jun-13-2013 7:38 PM
| Result: Carried | Majority Required - TE24.16 - Vaughan - motion 1a |
|---|---|
| Total members that voted Yes: 31 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Doug Ford, Rob Ford, Doug Holyday |
| Total members that were Absent: 11 | Members that were absent are Raymond Cho, Frank Di Giorgio, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Giorgio Mammoliti, Ron Moeser, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson |
That City Council adopt the recommendations contained in the report (June 11, 2013) from the City Solicitor (TE24.16a):
1. City Council receive this report and the Confidential Information attached for information.
2. Given that the Confidential Information contains legal advice and opinion that is subject to solicitor-client privilege and information regarding pending litigation, it should remain confidential and should not be made public.
Vote (Amend Item (Additional)) Jun-13-2013 7:39 PM
| Result: Carried | Majority Required - TE24.16 - Vaughan - motion 1b |
|---|---|
| Total members that voted Yes: 31 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Doug Ford, Rob Ford, Doug Holyday |
| Total members that were Absent: 11 | Members that were absent are Raymond Cho, Frank Di Giorgio, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Giorgio Mammoliti, Ron Moeser, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson |
Vote (Adopt Item as Amended) Jun-13-2013 7:39 PM
| Result: Carried | Majority Required - TE24.16 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 31 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Doug Ford, Rob Ford, Doug Holyday |
| Total members that were Absent: 11 | Members that were absent are Raymond Cho, Frank Di Giorgio, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Giorgio Mammoliti, Ron Moeser, James Pasternak, Anthony Perruzza, David Shiner, Michael Thompson |
Declared Interests (City Council)
Councillor Mike Layton - as his family owns property in proximity to the project.
TE24.16 - Request for Direction Report - 245-255 College Street, and 39 and 40 Glasgow Street - Rezoning Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 20 - Trinity-Spadina
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and includes advice that is subject to solicitor-client privilege
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council adopt Recommendation 1 in Confidential Attachment 1 to the joint report (May10, 2013) from the City Solicitor and the Director, Community Planning, Toronto and East York District.
2. City Council authorize the public release of the confidential Recommendation 1 in Attachment 1 to the joint report (May10, 2013) from the City Solicitor and the Director, Community Planning, Toronto and East York District, if adopted.
Decision Advice and Other Information
The Toronto and East York Community Council requested the City Solicitor to report to City Council for its meeting on June 11 and 12, 2013, on the legal issues surrounding amendments being made during a mediation where the information cannot be shared in public.
The Toronto and East York Community Council recessed its public session to meet in closed session to consider this item as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and the receiving of advice that is subject to solicitor-client privilege.
Origin
Summary
The purpose of this report is to update Council on a recent Ontario Municipal Board mediation and ongoing discussions with the applicant, and to seek Council's instruction.
The applicant appealed their application for a 24-storey academic residence to the Ontario Municipal Board and a hearing is set to commence on July 2, 2013. The hearing was initially scheduled to commence in March but was postponed in order to accommodate a confidential and without prejudice Ontario Municipal Board mediation, which took place at the end of March, 2013.
Prehearing conferences have been held, and witness statements were filed prior to the commencement of the mediation. Several residents associations and interested residents are Parties to the appeal and have raised issues pertaining to the size of the proposal and to the nature of the proposed use.
This report provides an update on the outcome of the mediation, and the status of negotiations with the applicant and seeks further direction in respect of the upcoming Ontario Municipal Board hearing. More particulars of the outstanding issues are set out in the attached Confidential Information.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-58338.pdf
(April 26, 2013) Report from the Director, Community Planning, Toronto and East York District - 245-255 College Street, and 39 and 40 Glasgow Street - Rezoning Application - Request for Direction Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-57897.pdf
Communications
(May 6, 2013) E-mail from Ralph Daley, President, Grange Community Association (TE.Supp.TE24.16.2)
(May 13, 2013) E-mail from Catherine Nasmith, President, Toronto Architectural Conservancy (TE.Supp.TE24.16.3)
(May 14, 2013) Submission from Ceta Ramkhalawansingh, Honorary President, Grange Community Association, submitting a copy of a publication entitled "College Street A Study, Part One, by the Toronto Architectural Conservancy (TE.Supp.TE24.16.4)
Speakers
Julie Mathien, President, Huron-Sussex Residents' Organization
Julie Lam
Sue Dexter, Harbord Village Residents' Association
David Harrison, Annex Residents' Association
Motions
That the Toronto and East York Community Council recess its public session at 2:40 p.m. to meet in closed session to consider this item as it relates to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and the receiving of advice that is subject to solicitor-client privilege.
That the Toronto and East York Community Council:
i. Adopt the recommendations in the joint report (May 10, 2013) from the City Solicitor and Director, Community Planning, Toronto and East York District, subject to
a. deleting confidential Recommendations 2 and 3 in the Confidential Attachment 1, and amending Recommendation 1 to read as follows:
1. City Council adopt Recommendation 1 in the Confidential Attachment 1 to the joint report (May10, 2013) from the City Solicitor and the Director, Community Planning, Toronto and East York District.
b. deleting Recommendation 3.
ii. Request the City Solicitor to report to City Council for its meeting on June 11 and 12, 2013, on the legal issues surrounding amendments being made during a mediation where the information cannot be shared in public.
Declared Interests
Councillor Mike Layton - in that a member of his family owns property in the vicinity of 245-255 College Street, and 39 and 40 Glasgow Street.