Item - 2019.CC10.10

City Council on October 2 and 3, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the Settlement Offer as outlined in the correspondence from Stikeman Elliott dated Friday, September 13, 2019, subject to the Parts set out below.

2.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to attend at the Local Planning Appeal Tribunal pre-hearing on October 18, 2019 in respect of 3005 Bloor Street West and 14 Humbervale Boulevard, and any further related hearing events, generally in support of the Settlement Offer proposal.

3.  In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order on the Zoning By-law Amendment appeal until such time as:

a.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Zoning By-law Amendment has been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and has been provided to the Local Planning Appeal Tribunal;

b.  the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report and a revised Traffic Impact Study, including a Pick-up and Drop-off Facility demand and facility Assessment, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c.  the Owner has entered into a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

4.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (September 23, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.