Item - 2015.CC5.9

City Council on March 31, April 1 and April 2, 2015, adopted the following:

1.  City Council adopt the recommendations contained in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor.

2.  City Council direct that the recommendations and Appendix A contained in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor be made public.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor remain confidential.

The following recommendations in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor were adopted by City Council and are now public:

1.  City Council accept the alternative design proposal as outlined in the confidential and without prejudice offer from Aird Berlis LLP, dated  March 30, 2015 included at Appendix A of Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor and as illustrated in supporting plans, drawings and reports also submitted.

2.  City Council authorize and direct an amendment to the terms of the original proposals set out in Items TE28.7 and TE28.8 as were adopted by City Council on December 16, 17 and 18, 2013 as necessary to reflect the alternative proposal contemplated in Part 1 above and specifically authorize and direct that:

a.  prior to the by-laws coming into full force and effect the owner shall submit a revised Functional Servicing Report satisfactory to the Executive Director, Engineering and Construction Services, and where upgrades to municipal infrastructure are required, the owner shall be responsible for the cost of same and such upgrades, together with appropriate securities, will be secured in the context of the provisions relating to Section 37 of the Planning Act in support of the development;

b.  all references to the timing for completion of the conservation work at 6-16 Glen Road in accordance with the approved Conservation Plan on or before April 1, 2015 may allow for extension provided that a completion schedule acceptable to the Manager, Heritage Preservation Services has been prepared and regular progress reports continue to be submitted;

c.  the additional cash contribution to the City proposed in the amount of $150,000.00 to be applied toward the cost of outdoor public realm and parkland improvements in the immediate vicinity of the North St. James Town community at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the local Ward Councillor, be accepted and incorporated into the Section 37 provisions of the zoning by-law amendment and secured in the Section 37 Agreement; such amount to be indexed and payable prior to issuance of an above grade building permit for the first tower within either Block 1 or Block 3;

d.  references to Section 37 cash contributions contemplated in the original proposal be allocated at the discretion of the 'City' shall be clarified and amended to provide for allocation at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the local Councillor; and

e.  Part 13 of TE28.7 be deleted and replaced with the following new Part:

13.  City Council authorize and direct that the value of above-base improvements to the proposed public park to be undertaken by the owner and secured through the proposed Section 37 Agreement at the owner's cost to the satisfaction of the General Manager, Parks, Forestry and Recreation, be applied as a credit toward the parks and recreation component of the City's development charges, such credit not to exceed the lesser of:

i.  the final cost of the above-base improvements as confirmed by Parks, Forestry and Recreation; or

ii.  the Parks and Recreation component of the development charges paid with respect to Blocks 1, 2 and 3 of this development.

3.  City Council authorize the City Solicitor and the appropriate City Staff to attend the Ontario Municipal Board in support of Parts 1 and 2 above.

4.  City Council authorize the City Solicitor in consultation with the Director, Community Planning, Toronto and East York District to prepare an amended draft Official Plan Amendment and Zoning By-law Amendment, including the Section 37 provisions, to reflect the alternate proposal referred to in Parts 1 and 2 above, together with such technical and stylistic changes that may be necessary and to attend in support the same at the Ontario Municipal Board.

5.  City Council authorize execution of all necessary agreements to secure the matters contemplated and as modified by Parts 1 and 2 above, including a Section 37 Agreement, Heritage Easement Agreement and an agreement pursuant to Section 111 of the City of Toronto Act, 2006, as amended.

6.  City Council authorize the City Solicitor and other appropriate City Officials to take any action as may be necessary to implement Council's decision.

Confidential Appendix A contained in Confidential Attachment 1 to the report (April 1, 2015) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (April 1, 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 is subject to solicitor-client privilege and information regarding potential litigation.