Item - 2017.CC24.4

City Council on January 31, 2017, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 31, 2017) from the City Solicitor.

2.  City Council authorize the public release of the instructions in Confidential Attachment 1 to the report (January 31, 2017) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (January 31, 2017) from the City Solicitor remain confidential.

The confidential instructions to staff in Confidential Attachment 1 to the report (January 31, 2017) from the City Solicitor were adopted by City Council and are now public:

1.  City Council instruct the City Solicitor and any other appropriate City staff to attend the Ontario Municipal Board Hearing for 215-229 Church Street in support of such appeal as revised in accordance with the settlement offer from the proponent's solicitor David Bronskill, dated September 8, 2016, attached as Confidential Appendix A to the report (January 31, 2017) from the City Solicitor, including revised plans satisfactory to the Chief Planner and Executive Director, City Planning, and as further revised as follows: to limit the height of such building to a maximum of 52 storeys together with the related reduction in metres, to increase the Section 37 contribution to $3.1 Million Dollars to be used for capital improvements satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor in the vicinity of the site and subject to other uses satisfactory to the Chief Planner and Executive Director, City Planning, and in accordance with the Official Plan if not used within 3 years for such purposes, and to resolve the deployment and design of balconies through the submission of the balcony design to the Design Review Committee at the site plan approval stage.

Confidential Appendix A to the report (January 31, 2017) 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 31, 2017) from the City Solicitor remains confidential in accordance with the provision 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.