Item - 2021.MM35.23

City Council on July 14, 15 and 16, 2021, adopted the following:

1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate, approve and execute an agreement of purchase and sale on behalf of the City for the acquisition of 1.5 metre wide strip of land to the full extent of the site abutting the east limit of Kingston Road, and a 6.0 metre (radius) corner rounding at the south-east corner of the intersection of Kingston Road and Cliffside Drive from the widened Kingston Road for the purposes of widening the right-of-way adjoining the property known municipally as 2217 Kingston Road in their existing condition, at fair market value and otherwise on terms and conditions acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

2. City Council authorize the Executive Director, Corporate Real Estate Management, to assume, or reimburse Thunder Woman Healing Lodge for, all costs and charges related to the conveyance of lands including, but not limited to, reasonable expenses related to third party consultants, legal and surveying costs, and to waive any customary City related charges and fees associated with the conveyance of lands.

3. City Council direct the Executive Director, Corporate Real Estate Management, the Director, Indigenous Affairs Office and the Executive Director, Housing Secretariat, to review existing City programs and funding sources and explore additional forms of support to address the costs incurred by Indigenous affordable housing projects to acquire and develop land and property, and to report to the Aboriginal Affairs Advisory Committee by the third quarter of 2022.

4.  City Council increase the 2021 - 2030 Council Approved Capital Budget and Plan for Transportation Services by $115,000 gross and $0 debt under a new capital project for the acquisition of the above noted land and associated costs and charges, funded from the Land Acquisition Reserve Fund (XR1012).

5. City Council direct the Executive Director, Corporate Real Estate Management, the Director, Indigenous Affairs Office, the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services, and other City Divisions as required, to report to the Aboriginal Affairs Advisory Committee by the third quarter of 2022 on a proposed framework to guide future City acquisitions of properties with Indigenous community-related impacts, for municipal purposes, to ensure they are transacted at fair market value in a manner that is consistent with legislative requirements and are responsive to the needs of Toronto's diverse Indigenous communities.

6. City Council pass By-laws pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a. enter into a Municipal Capital Facility Agreement with Thunder Woman Healing Lodge Society for part of the property known as 2217 Kingston Road, for the ground floor space of approximately 46.3 square metres of space (the "Indigikwe Space") for the purposes of providing a Municipal Capital Facility related to the provision of social and health services; and

b. exempt the Indigikwe Space from taxation for municipal and school purposes, with the tax exemption to be effective from the latest of:

1. the day when the Indigikwe Space begins to be used for social services;

2. the date the Municipal Capital Facility Agreement is entered into; and

3. the date this Tax Exemption By-law is enacted;  and

c. exempt the Premises from development charges, with the exemption being effective from the latest of:

1. the date this by-law is enacted; or

2. the date the Municipal Capital Facility Agreement is entered into.

7.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

8. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the Municipal Capital Facility Agreement.

9. City Council authorize that the Indigikwe Space at 2217 Kingston Road be eligible for waivers of building permit applications, planning applications and parkland dedication fees.

10. City Council authorize the City Manager to direct staff to waive any City fees and charges set out in Municipal Code Chapter 441 and disbursements that would otherwise be payable by Thunder Woman Healing Lodge Society to the City in connection with the development and construction of the healing lodge at 2217 Kingston Road, including, without limitation, fees associated with permits, applications, inspections, testing, service connections, agreements and registrations, which may be waived under the authority of the City.

11. City Council authorize the City Manager to direct staff to waive City requirements to provide security that would otherwise be required for the development and construction of the healing lodge at 2217 Kingston Road, including, without limitation, any security required in connection with landscaping, work in the City’s right-of-way, tree protection and tree planting, which may be waived under the authority of the City.

12. City Council authorize the payment of any external pass through costs to the City that would otherwise be recovered through the collection of fees and disbursements waived under Part 10 above up to $200,000 in 2021, with any added impacts in 2022 to be brought forward for City Council's consideration as part of the 2022 Budget process.

13. City Council request the Federal and Provincial Governments to support Calls to Action 21 and 35 of the Truth and Reconciliation Commission of Canada, and specifically support the construction of the Thunder Woman Healing Lodge.