Item - 2011.CC10.3

City Council on July 12, 13 and 14, 2011, adopted the following:

1.         City Council adopt the confidential recommendations, as amended, in Confidential Attachment 1 to the report (July 4, 2011) from the City Solicitor.

2.         City Council authorize the public release of the confidential recommendations, as amended, in Confidential Attachment 1 to the report (July 4, 2011) from the City Solicitor.

The following recommendations, as amended, contained in Confidential Attachment 1 to the report (July 4, 2011) from the City Solicitor were adopted by City Council and are now public:

1.         City Council authorize the City Solicitor and other appropriate staff to attend at the Ontario Municipal Board in support of the Settlement Proposal as outlined in Attachments 4, 5 and 6 to the report (July 4, 2011) from the City Solicitor.

2.         City Council authorize the Director of Community Planning, North York District, to work with the applicant to finalize the details of the Site Plan approval to the satisfaction of the Director of Community Planning, North York District.

3.         City Council direct the City Solicitor to include the other parties to the OMB appeal, including the Sherwood Park Residents' Association, in the site plan discussions.

4.         City Council direct the City Solicitor to co-ordinate with the applicant to ensure that a full set of plans is provided to the other parties to the OMB appeal, including the Sherwood Park Residents' Association, so that they can be reviewed.

5.         In the event that the applicant and Planning Staff are unable to agree on the final Site Plan details in advance of the Ontario Municipal Board hearing, City Council authorize staff to attend at the hearing and support a Site Plan approval that would achieve the objectives set out in the Request for Direction Report.

6.         City Council direct City staff to monitor the access to the site from Bayview Avenue once the development is completed in order to evaluate any operational or safety issues and to report to City Council on the findings.

7.         City Council direct the City Solicitor to consult with the other parties to the OMB appeal, including the Sherwood Park Residents' Association, regarding any ongoing traffic monitoring, as described in Part 6 above.

8.         City Council authorize City Officials to take all necessary action to give effect to the foregoing.

The balance of Confidential Attachment 1 to the report (July 4, 2011) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards, and commissions and contains advice or communications that are subject to solicitor-client privilege.