Item - 2015.CC11.1

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

1. City Council adopt Confidential Recommendation 1 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor.

2.  City Council authorize the public release of Confidential Recommendation 1 and Appendices A and B contained in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor remain confidential.

The following Confidential Recommendation 1 in Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor was adopted by City Council and is now public:

1.  City Council accept the Offer to Settle dated December 8, 2015 submitted by Sherman Brown on behalf of the owner of 11 Lillian Street and 132-142 Soudan Avenue set out in Appendix A of Confidential Attachment 1 to the report (December 10, 2015) from the City Solicitor and City Council direct the City Solicitor to attend at the Ontario Municipal Board in support of the revised proposal, authorize the City Solicitor to make changes as may be required to the revised by-laws to reflect the modified proposal and authorize City Officials to take such action as necessary to implement the revised proposal if approved by the Ontario Municipal Board, including execution of a Section 37 Agreement, subject to:

a.  the owner providing notice of the Ontario Municipal Board proceedings to properties within 120 metres of the expanded site and including particulars of the revised proposal to the satisfaction of the City Solicitor; and

b.  the City Solicitor and City Staff being authorized and directed to attend at the Ontario Municipal Board  in support of the original by-laws enacted by Council, as may be technically and stylistically amended to the satisfaction of the City Solicitor, in the event the Ontario Municipal Board does not accept the settlement proposal.

Confidential Appendices A and B to Confidential Attachment 1 to the report (December 10, 2015) 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 (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 or communications that are subject to solicitor-client privilege and it pertains to potential litigation.