Item - 2016.MM12.34

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 (February 4, 2016) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff, with the balance of Confidential Attachment 1 to the report (February 4, 2016) from the City Solicitor to remain confidential.

The following confidential instructions to staff in Confidential Attachment 1 to the report (February 4, 2016) from the City Solicitor were adopted by City Council and are now public:

1.  City Council authorize the City Solicitor to, in finalizing the zoning by-law to implement the Council decision of August 25, 26, 27 and 28, 2014, impose a maximum unit count for the development of 205 units, and further authorize the Director, Community Planning, North York District, to determine the unit mix between various sizes of units.

2.  City Council authorize the Executive Director, Engineering and Construction Services to negotiate, approve and execute an infrastructure agreement between the City and the owner of 591 and 593 Sheppard Avenue East, to secure at the applicant's expense all infrastructure required to support development on the site, as well as all access to City lands to facilitate that work, on terms and conditions satisfactory to the Executive Director, Engineering and Construction Services and in a form satisfactory to the City Solicitor.

3.  City Council authorize the City Solicitor to request that the Ontario Municipal Board issue its final order on the Official Plan and Zoning By-Law Amendment upon issuance of Notice of Approval Conditions of Site Plan Approval and confirmation by the City Solicitor that the applicant has been granted legal rights to access the subject property from the City-owned property to the south.

4.  City Council authorize a grant of a temporary right-of-way to the owner of 591 and 593 Sheppard Avenue East, for nominal consideration, over the City-owned lands to the south of the site, extending between Rean Drive and Barberry Place, for a term expiring on the earlier of 21 years less a day and the date the lands are dedicated as public highway, to provide access to and from the site as contemplated in the rezoning application accepted by City Council, on terms and conditions satisfactory to the Director, Real Estate Services and in a form satisfactory to the City Solicitor.

The balance of Confidential Attachment 1 to the report (February 4, 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 that affects the City or one of its agencies or corporations and contains advice or communications that are subject to solicitor-client privilege.