Item - 2011.MM5.12

City Council on March 8 and 9, 2011 adopted the following:

1.         City Council receive the report (March 8, 2011) from the City Solicitor.

2.         City Council adopt the confidential instructions to staff contained in Confidential Attachment 2 from Councillor Shiner.

3.         City Council release the confidential instructions to staff upon adoption by Council and Confidential Attachment 1 to the report (March 8, 2011) from the City Solicitor remain confidential in its entirety due to litigation and solicitor client privilege.

The following instructions contained in Confidential Attachment 2 from Councillor Shiner were adopted by City Council and are now public:

1.         City Council amend its position to be generally in accordance with the Town of Markham planning staff recommendation of March 2010 where they recommended 1000 units and 1.5 times density with the residential development spread across the entire site.

2.         City Council's position is that the high rise towers along Steeles Avenue East should be reduced and include a 5 metre setback from Steeles Avenue, a 2 storey podium to minimize the impact on the street and buildings no taller than 6 storeys unless the top floors are stepped further back.

3.         To protect the City's interests, City Council instruct the City Solicitor to take legal proceedings to set aside the OMB's decision to re-commence the hearing on April 7, 2011.

4.         City Council direct the City Solicitor to advise Town of Markham Council that Toronto City Council, in consultation with City of Toronto Planning and the Toronto City Councillor representing the residents on the south side of Steeles, are willing to work with the Town of Markham in finding a reasonable resolution regarding this development.

5.         City Council direct the Chief Planner and Executive Director of City Planning to review and report to the next meeting of City Council on the Markham settlement proposal and how the new City Council position relates to it.

6.         City Council request the City Solicitor to report to City Council on ways and means that Toronto can proceed in the future to protect its rights under the 1974 agreement with York Region.

Confidential Attachment 1 to the report (March 8, 2011) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation or potential litigation that affects the City or one of its agencies, boards and commissions, and it contains advice and communications that are subject to solicitor-client privilege.