Motions and Votes on Zoning Bylaw

The motions and votes on the Zoning Bylaw can be found here:

Item PG40.10

Motions and Votes on EX46.3

Here are the motions and votes on item EX46.3 headed "Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions"

1 - Motion to Amend Item moved by Mayor David Miller (Final)

1. City Council receive the following reports:

- (August 23, 2010) from the City Solicitor
- (August 11, 2010) from the City Solicitor

2. Council enact a by-law in the form of the attached Bill*.

3. City Council direct that the Confidential Attachments to the Solicitor's reports dated August 11 and 23, 2010 remain Confidential due to litigation and solicitor-client privilege.

*This is the text of the attached bill referred to in recommendation 2. Please note, this is just a bill, and will not be enacted as a by-law until the end of the meeting:

BY-LAW No.


WHEREAS the prospect of incurring significant compliance audit legal expenses in the absence of any wrongdoing can deter individuals of modest means from running for municipal political office;

andWHEREAS the cost of defending a compliance audit could be significant,
particularly when compared to the salary of a City Councillor in Toronto;
and

WHEREAS it is in the public interest to assist candidates in such circumstances with the payment of these expenses in order to promote political inclusivity, protect the overall democratic integrity of municipal elections and bolster overall the social well-being of the municipality;
and

WHEREAS the incurring of such expenses in the face of unfounded complaints of wrongdoing, has the potential to undermine the effectiveness of a councillor in undertaking the duties as a member of council;
and

WHEREAS making these payments to candidates is in the interests of the municipality and in the public interest; and

WHEREAS Councillor Heaps and Councillor Mammoliti incurred significant legal expenses responding to compliance audit proceedings in which the complaints were
determined to be unfounded; and

WHEREAS there is, therefore, a reasonable connection between the City's permitted objectives and the use of its powers under s. 83 of the City of Toronto Act, 2006 to make grants for the purpose of such assistance;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Exercising its powers under s. 83 of the City of Toronto Act, 2006, and in consideration of the interests of the municipality, the City shall pay to Councillor Heaps and Councillor Mammoliti grants in the amount of the legal expenses they incurred in responding to compliance audit applications made against them in relation to their campaign finance records for the 2006 municipal election.

Vote (Amend Item)
Aug-25-2010 8:39 PM
Result: Carried
Majority Required - EX46.3 - Miller
Yes: 24
Ainslie, Ashton, Carroll, Cho, Davis, De Baeremaeker, Di Giorgio, Feldman, Filion, Fletcher, Giambrone, Grimes, McConnell, Mihevc, Miller, Moscoe, Ootes, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Vaughan
No: 14
Del Grande, Ford, Hall, Jenkins, Kelly, Lee, Lindsay Luby (Chair), Milczyn, Moeser, Nunziata, Palacio, Stintz, Thompson, Walker
Absent: 7
Augimeri, Bussin, Heaps, Holyday, Mammoliti, Minnan-Wong, Shiner

1 - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)


That

1. City Council request the Province to enact amendments to Provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.


Vote (Amend Item (Additional))
Aug-25-2010 8:40 PM
Result: Carried
Majority Required - EX46.3 - Moscoe
Yes: 37
Ainslie, Ashton, Carroll, Cho, Davis, De Baeremaeker, Del Grande, Di Giorgio, Feldman, Filion, Fletcher, Giambrone, Grimes, Hall, Jenkins, Kelly, Lee, Lindsay Luby (Chair), McConnell, Mihevc, Milczyn, Miller, Moeser, Moscoe, Nunziata, Ootes, Palacio, Pantalone, Parker, Perks, Perruzza, Rae, Saundercook, Stintz, Thompson, Vaughan, Walker
No: 1
Ford
Absent: 7
Augimeri, Bussin, Heaps, Holyday, Mammoliti, Minnan-Wong, Shiner

Motion to Reconsider CC52.1

Councillor Mike Del Grande moved to reconsider item CC52.1 . The motion did not carry.

8/25/2010 6:22:43 PM “CC52.1 - Reopen the Item” 10 yea+26 nay,failed,quorum
YES Ashton YES Del Grande YES Ford YES Holyday YES Jenkins YES Miller YES Moeser YES Nunziata YES Parker YES Perruzza

NO Augimeri NO Bussin [Chair] NO Carroll NO Cho NO Davis NO De Baeremaeker NO Feldman NO Filion NO Fletcher NO Grimes NO Hall NO Heaps NO Lee NO Lindsay Luby NO McConnell NO Mihevc NO Moscoe NO Palacio NO Pantalone NO Perks NO Rae NO Saundercook NO Stintz NO Thompson NO Vaughan NO Walker

Motion by Councillor Perks

Councillor Gord Perks has made the following motion on the Zoning Bylaw:



Motion to Amend Item (Additional) moved by Councillor Gord Perks (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"amending the zoning by-law as necessary to provide that the lands subject to By-law No. 1222-2009 (known as the Bloor-Dundas Avenue Study) be deleted from the Draft Zoning By-law."

Motions by Councillor Mihevc

Councillor Joe Mihevc has moved the following motions on the Zoning by-law:

a - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by deleting Committee Recommendations 1d and 1e pertaining to Drive Through Facilities, from Attachment 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, noting that the City's drive through by-law has been successfully defended at the Ontario Municipal Board and has become a model for similar by-laws across Ontario.

b - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by deleting Committee Recommendation 1i. pertaining to Day Nurseries.

c - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Final)
That:

1. City Council approve in principle Recommendation 1i of Attachment 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, pertaining to Day Nurseries; and

2. City Council request the Chief Planner and Executive Director, City Planning to report further on matters set out in Recommendation 1i of Attachment 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning, pertaining to Day Nurseries, the report to address standards for Day cares of various sizes.

Motion by Councillor Rae

Councillor Kyle Rae has moved the following on the Zoning By-Law

8 - Motion to Amend Item (Additional) moved by Councillor Kyle Rae (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by making such amendments to the Zoning By-law as are necessary to add the following principal conditional use to Regulation 5.10.20.20 (1):

"Municipally Owned Public Parking Uses (5)"

Motions by Councillor Peter Milczyn

Councillor Peter Milczyn has moved the following motions on the Zoning By-law:

a - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"amending Chapter 900 of the Zoning By-law as follows:

(for the Kingsway Park West area in the current Etobicoke preservative bylaw 1993-107)

THAT Exception RD 38 be amended adding to the end of Clause (A) the phrase “, up to a maximum floor space index of 0.5”, so that (A) will read as follows:

“the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 125 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and”.

b - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"amending Chapter 900 of the Zoning By-law as follows:

(for the Kingsway Park East area in the current Etobicoke preservative bylaw 1993-108)

THAT Exception RD 35 be amended adding to the end of Clause (A) the phrase “, up to a maximum floor space index of 0.5”, so that (A) will read as follows:

“the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 150 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and”.

c - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"amending Chapter 900 of the Zoning By-law as follows:

(for the Kingsway Park South area in the current Etobicoke preservative bylaw 1993-109)

THAT Exception RD 42 be amended adding to the end of Clause (A) the phrase “, up to a maximum floor space index of 0.5”, so that (A) will read as follows:

“the maximum gross floor area on a lot, plus the floor area of an attached or detached garage, is 118 square metres, plus 25% of the lot area, up to a maximum floor space index of 0.5; and”.

Motion by Councillor Lindsay Luby

Councillor Gloria Lindsay Luby has moved the following motion on the Zoning Bylaw

a - Motion to Amend Item (Additional) moved by Councillor Gloria Lindsay Luby (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"amending the zoning by-law as necessary so that it reflects the current regulations pertaining to Group Homes contained in the current Zoning By-laws"

b - Motion to Amend Item (Additional) moved by Councillor Gloria Lindsay Luby (Final)

That the Chief Planner and Executive Director, City Planning report on proposed amendments to the Zoning By-law regarding Group Homes at the same time as the report respecting Rooming Houses is submitted.

Motion by Councillor Shiner

Councillor David Shiner has moved the following motion on the Zoning By-law:

3a - Motion to Amend Item (Additional) moved by Councillor David Shiner (Final) That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding: "amending the zoning by-law as necessary to provide that the CR zoned lands located on Yonge Street between Finch Avenue and Steeles Avenue and on Finch Avenue East between Yonge Street and Bayview Avenue have exceptions applied that indicate that the Policy Area 3 and Policy Area 4 Parking Standards do not apply and incorporating instead, the existing North York Parking Standards."

Vote on deferral

Councillor Shiner has moved deferral of the Zoning By-law. The motion to defer did not carry as follows:

3b - Motion to Defer Item moved by Councillor David Shiner (Final)
That City Council defer consideration of the item until February, 2011.

8/25/2010 4:35:11 PM “PG40.10 - Defer the item” 11 yea+28 nay,failed,quorum
YES Del Grande YES Feldman YES Ford YES Jenkins YES Lee YES Lindsay Luby [Chair] YES Nunziata YES Ootes YES Shiner YES Stintz YES Thompson

NO Ashton NO Augimeri NO Bussin NO Carroll NO Cho NO Davis NO De Baeremaeker NO Di Giorgio NO Filion NO Fletcher NO Giambrone NO Grimes NO Hall NO Heaps NO Holyday NO Kelly NO McConnell NO Mihevc NO Milczyn NO Moscoe NO Pantalone NO Parker NO Perks NO Perruzza NO Rae NO Saundercook NO Vaughan NO Walker

Motion by Councillor Stintz on the Zoning Bylaw

Councillor Karen Stintz has moved the following motion on the Zoning by-law:

Motion to Amend Item (Additional) moved by Councillor Karen Stintz (Final)
That City Council direct the City Solcitor to submit the Bill for enactment at its meeting in December, 2010.

Motions by Councillor Moscoe on the Zoning By-law

a - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)
That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"including in the Zoning By-law the prohibition for charging for visitor parking in all residential and residential apartment zones."

b - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)

That Recommendation 1 of the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning (Item PG 40.10c) be amended by adding:

"parks located in industrial areas shown on the Official Plan for the purpose of determining the "edge" of the industrial area be deemed to be within the industrial area.

c - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)
That the Chief Planner and Executive Director, City Planning develop a standard for determining the number of on-site taxi stand spaces to be required to service hotels and transportation centres, such as bus terminals, airports, railway facilities and major subway stations.

d - Motion to Amend Item moved by Councillor Howard Moscoe (Final)
That City Council adopt the following recommendations contained in the report (August 23, 2010) from the Chief Planner and Executive Director, City Planning [PG40.10c], as amended by Council's further amendments:

1. City Council enact the proposed City-wide Zoning By-law substantially in the form attached as Attachment 1 to the report dated August 5, 2010, as amended by the modifications set out in Attachment 1, entitled "Requested By-law Modifications" attached to the report dated August 12, 2010, from the Chief Planner and Executive Director, City Planning Division and as further amended by the modifications set out in Attachment 1, entitled “By-law Modifications Requested at the Public Meeting held before the Planning and Growth Management Committee” attached to the report dated August 23, 2010, from the Chief Planner and Executive Director, City Planning Division.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft City-wide Zoning By-law as may be required.

3. City Council determine that no further notice is to be given in respect of the proposed by-law.


e - Motion to Amend Item (Additional) moved by Councillor Howard Moscoe (Final)
That complete applications that have been filed or approved by the Committe of Adjustment or City Council at the time of the passage of the new Zoning By-law be processed under the old Zoning By-law.

Changes to posting of motions and votes effective August 25

Starting with the August 25 and 26 meeting we are changing the way we post motions and votes about notable City Council agenda items.

Instead of posting them on this site, the motions and votes will appear on the agenda item histories linked from the Meeting Monitor, www.toronto.ca/meetingmonitor.

To find the motions and votes:

• Go to www.toronto.ca/meetingmonitor and select the City Council meeting.
• Click on item number of the item you are following to open a detailed summary of the agenda item.
  
• If the motions and votes have been finalized by the City Clerk, they will appear in the summary of Council consideration.

Please note, the information provided during the meeting is preliminary decision information only. It will not be finalized until the City Clerk has certified the minutes. Do not act on this information without consulting the official record after the meeting.

Agenda for August 25 & 26 Meeting

The agenda for the meeting of Toronto City Council on August 25 and 26 has been posted as follows:

• Main Agenda
• Supplementary agenda #1

A second supplementary agenda is expected to be issued on August 24.