Item - 2023.CC5.19

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (March 17, 2023) from the City Solicitor.

3. City Council direct that the balance Confidential Attachment 1 to the report (March 17, 2023) 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 (March 17, 2023) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated March 2, 2023 ("Settlement Offer"), as set out in Confidential Appendix A to the report (March 17, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, subject to the conditions set out below:

a. the owner shall provide a letter from an electrical engineer confirming that the proposed external lighting levels are appropriate and that they meet the City's standard as required;

b. the owner shall provide a letter from a licensed professional engineer confirming that any external drainage flowing through the site will not be impeded by the proposed development;

c. the owner shall provide a report by a licensed professional engineer to demonstrate that internal private drainage (i.e., from the proposed development) will not lead to flooding of the reverse slope driveway;

d. the minimum grade and maximum cover for storm and sanitary sewer are criteria set out in the City’s Design Criteria for Sewers and Watermains document, January 2021, the owner shall provide justification along with supporting design/calculations to demonstrate how the storm sewer service will function properly and propose mitigation measures as required;

e. the cross-section drawings show a vertical separation between the proposed storm service and existing sanitary sewer of 0.14 metres, the owner shall maximize this distance, and remove the proposed encasement of the crossing in concrete, as this creates a shear point on the sewers and difficulties with maintenance;

f. should the owner ever opt for City waste collection services, the owner shall inquire with the City at that time as to the modification requirements applicable to its property at that time to facilitate City waste collection services, the costs of any modifications that the City requires at that time to ensure City waste collection will be the owner's sole financial responsibility and shall be at no cost to the City; and

g. the owner shall submit a tree removal application satisfactory to Urban Forestry staff.

2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (March 17, 2023) 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 (March 17, 2023) 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.