Item - 2018.CC41.10

City Council on May 22, 23 and 24, 2018, adopted the following:

1.  Council adopt the confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor, as amended by motion 1 by Councillor Kristyn Wong-Tam.

2.  City Council direct that the confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor, as amended by motion 1 by Councillor Kristyn Wong-Tam and Confidential Appendices A and B to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor be made public and City Council direct that the balance of Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor remain confidential.

The confidential recommendations in Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor, as amended by motion 1 by Councillor Kristyn Wong-Tam were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer set out in Confidential Appendices A and B to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor, with the exception of Item 5, related to proposed encroachments, but authorize the Director, Real Estate Services, in consultation with the General Manager, Transportation Services, to enter into negotiations with the applicant for a potential conveyance, at fair market value, of a stratified fee simple air space interest above a portion of Walton Street, generally reflecting the boundaries of the proposed encroachment into Walton Street identified in Item #5 of Confidential Appendix A to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor; no encroachment on Gerrard Street as requested in Item #5 of Confidential Appendix A to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor shall be permitted.   

2.  City Council authorize the City Solicitor to execute Minutes of Settlement as may be necessary to give effect to a settlement.

3.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing into this matter in support of the settlement.

4.  City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation, with such credit to be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

The balance of Confidential Attachment 1 to the report (May 10, 2018) 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 it contains advice or communications that are subject to solicitor-client privilege.

Confidential Appendices A and B to Confidential Attachment 1 to the report (May 10, 2018) from the City Solicitor are now public and can be accessed under Background Information (City Council).