Item - 2016.CC12.9

City Council on February 3 and 4, 2016, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff and Appendix A in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor remain confidential.

The following confidential instructions to staff in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council authorize the City Solicitor and appropriate staff to attend at the Ontario Municipal Board in support of the Settlement set out in Appendix 1 to the Confidential Attachment to the report (January 28, 2016) from the City Solicitor, stemming from the mediation December 10 and 11, 2015, and related to the Zoning By-law Amendment Application for 33 Holly Street, 44 Dunfield Avenue and 86 and 88 Soudan Avenue subject to City Council coming to a decision on the section 111 application for the site that would permit the Settlement Offer to proceed.

 

2.  City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, together with appropriate staff, to continue discussions with the applicant respecting a final version of the proposed Settlement Offer substantially in accordance with Appendix 1 of the Confidential Attachment to the report (January 28, 2016) from the City Solicitor, and all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and on the following basis.

 

3.  City Council request that the Ontario Municipal Board withhold any Order approving the Zoning By-law Amendment Application until being notified by the City Solicitor that the final content and form of the Amending By-law is acceptable to the Chief Planner and Executive Director, City Planning and the City Solicitor and that a Section 37 Agreement has been entered into  by the owner and the City and satisfactorily registered on title to the site to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.  Such agreement and by-law amendment to secure the matters set out in Appendix A in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor, including amongst other matters, the built form matters, the satisfactory conveyances to the City of a public pedestrian and bicycle easement  and of lands for park purposes; above base park improvements having  a value of at least $1,800,000.00  (subject to upwards indexing); and rental related matters, including securing improvements to the existing rental buildings and site without pass through of costs to tenants, tenant assistance and the rental tenure of the existing buildings, all  as more particularly set out in Appendix A in Confidential Attachment 1 to the report (January 28, 2016) from the City Solicitor.

 

4.  City Council authorize the City Solicitor to make technical and stylistic changes as may be required to the final form of the By-law for the Zoning Amendment Application.

 

5.  City Council direct that Parts 3 and 6 of Item TE5.10 be deleted and that Item TE5.10 be revised to the extent set out in Parts 1, 2, 3 and 4 above.

Appendix A to Confidential Attachment 1 to the report (January 28, 2016) 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 (January 28, 2016) 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, including matters before administrative tribunals, affecting the municipality or local board and it contains advice or communications that are subject to solicitor-client privilege.