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HomeMy WebLinkAboutCouncil Minutes - 2003-09-15COUNCIL MINUTES SEPTEMBER 15, 2003 CITY OF KITCHENER The Council of the City of Kitchener met at 7:00 p.m. this date with all members present. The meeting began with the singing of "O Canada" by Lindsay Roszell, Ambassador, Cambridge Fall Fair. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held August 25, 2003, and special meetings held August 25 and September 8, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated August 29, 2003 from the Honourable Brad Clark, Minister of Labour, acknowledging receipt of Council's resolution concerning an increase in the minimum wage. (b) Letter dated September 2, 2003, from T. Arnott, MPP, Waterloo-Wellington, advising of a letter forwarded to the Minister of Municipal Affairs regarding proposed municipal property tax referendums. Mr. L. Gordon, Director of Purchasing, was ~n attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated a report requesting Council consider an additional tender T03-052 dealing with the Thistledown Basin and Washburn Outlet Facility and also responded to questions regarding the tenders listed in the agenda. In regard to Quotation Q03-041 for Pay and Display Machines, he advised that the Iow bid did not meet two required specifications and also noted that there was ample budget funding for the next phase of the Pay and Display Program. In reference to Expression of Interest E03-032 for Consultant Services - Utilities Division Marketing, Ms. R. Pitfield advised that normally staff do perform marketing as an in-house function but in this instance considered it advisable to outsource given new legislative requirements. On the matter of Proposal P03-037 for Plumbing Services, Messrs. L. Gordon and L. Proulx responded commenting on savings achieved by having two plumbers on staff but noting that the additional work represented by this contract was not enough to warrant a full-time position. With respect to Tender T03-015 for a sewer project originating from Victoria Street North, Mr. G. Stewart advised that prices were higher than anticipated as well as soil conditions being worse than expected. Mr. Gordon confirmed that notwithstanding the large difference between the lowest bid and the remaining group of bidders, the consultants were fully satisfied with the competency of the Iow bidder. Ms. P. Houston responded to a question concerning Tender T03-033 noting that there was a decrease in the contract price because of joint meter reading and that staff intended to bring the matter back for further consideration in July 2004. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That Quotation Q03-041, Pay and Display Machines, be awarded to ParkSmart Inc., Mississauga, Ontario, at their quoted price of $67,100., plus G.S.T." - and - "That Expression of Interest E03-032, Consultant Services - Utilities Division Marketing, be awarded to Quarry Integrated Communications Inc., Kitchener at a fee of $150,000. per year including G.S.T., for a two year period with an option to renew for one additional year." - and - "That Proposal P03-037, Plumbing Services, be awarded to Dave Hurst Plumbing & Heating Inc., Kitchener, Ontario, and J. Orrell Limited., Waterloo, Ontario, at their proposed hourly rates for a one year period with the estimated annual value of this contract is $125,000., plus G.S.T. and P.S.T." - and - "That Tender T03-015, Sanitary Forcemain from Victoria Street North Sewage Pumping Station to Manchester Sewage Lift Station and Local Gravity Sewers, be awarded to Network COUNCIL MINUTES SEPTEMBER 15, 2003 - 331 - CITY OF KITCHENER Site Services Ltd., Cambridge, Ontario, at their corrected tendered price of $3,119,028.09, including provisional items and contingencies of $226,159. & G.S.T.; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T03-033, Utility Meter Reading Service, be awarded to URB, Division of Olameter Inc., Newmarket, Ontario, at their tendered price of $344,808., plus G.S.T." - and - "That Tender T03-052, Thistledown Basin and Washburn Outlet Facility, be awarded to E. & E. Seegmiller Ltd., Kitchener, at their tendered price of $478,205.36, including a contingency of $79,156. and G.S.T." Carried. Ms. Rosemary Aicher, Waterloo Regional Children's Museum, attended concerning a request for assistance from the City toward operating expenses of the Museum. Financial Services Department report FIN-03-039, dated September 15, 2003, was circulated this date providing additional information relative to the requests. These requests are for a grant in-kind for the provision of staff and volunteer parking and ongoing maintenance costs for the City-owned building. Financial data in the form of schedules was attached to the report. Council raised various issues including revenue sources and whether support had been sought from other municipalities. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That a grant in-kind of $25,000. for the Waterloo Regional Children's Museum be approved for the remainder of 2003; and further, That a grant in-kind to the Museum in the amount of $98,000. be recommended to the 2004 Council." Carried. Notice was given by Councillor J. Smola at the September 8, 2003 Development and Technical Services Committee meeting that he would introduce a Motion for Reconsideration at the meeting this date of Clause 17 of the Development and Technical Services Committee report approved by City Council on August 25, 2003. Clause 17 dealt with approval of Zone Change Application ZC 03/13/F/CB regarding the property known municipally as 447 Frederick Street. In this regard, Council was circulated with Development and Technical Services Department report DTS-03-157 dated September 12, 2003, prepared in response to the request of the Region of Waterloo. Mr. Wayne Cook attended in support of his zone change application and also to question the concern now being expressed by the Region. He advised that he had had confirmation from three different companies that the site at Frederick and Edna Streets was clean and circulated environmental documents in this regard. Mr. Kevin Eby, Region of Waterloo, attended to advise that the Region was requesting a condition be added to the zone change approval to require the owner to provide a Record of Site Condition. Its purpose is to show that the site has been remediated and provide proper means for certifying the application. He indicated that the Region was supportive of the application and that its intent was to be pro-active in redevelopment of the site. Mr. Eby indicated that depending on the quality of environmental work already done, the matter would be dealt with in 2-8 weeks. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That Council reconsider its August 25, 2003 resolution with respect to Clause 17 of the Development and Technical Services Committee report pertaining to Zone Change Application ZC 03/13/F/CB (447 Frederick Street -Wayne Cook)." COUNCIL MINUTES SEPTEMBER 15, 2003 - 332 - CITY OF KITCHENER Motion Carried with required 2/3 Majority Vote of Members Present Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That Zone Change Application ZC03/13/F/CB (447 Frederick Street -Wayne Cook), to change the zoning on the subject lands, legally described as Plan 42 Part of Lots 1 and 2, for the City of Kitchener, from Community Shopping Centre Zone (C-3) to Community Shopping Centre Zone (C-3) with Special Regulation Provision 407R, be approved, in the form shown in the Proposed By-law, dated July 15, 2003, subject to the readings of the By-law being withheld until the owner of the property has completed the following conditions: 1. That the owner of the subject property provide a Record of Site Condition to the satisfaction of the Regional Municipality of Waterloo; and, The owner acknowledges that Condition 1 is requested to be satisfied within 12 months of the day of Council having approved by resolution Zone Change Application 03/13/F/CB. In the event that the requirement is not fulfilled with the 12 month period, Council may consider rescinding its zone change approval." Carried. Mr. Patrick Winter attended representing Dr. Mark Rogers with respect to Clause 2(a) of the Development and Technical Services Committee report pertaining to the possible renaming of a portion of Bankside Drive. In response to questions, he indicated that as a result of a street name change, the business would incur costs for advertising, stationery, supplies and intangible costs related to the confusion on the part of patients. A brief discussion took place during which Councillor C. Weylie indicated her preference that the portion of existing Bankside Drive, west of Westforest Trail, be renamed; however, the recommendation referred to Council this date dealt only with initiation of the name change process. Council was also in receipt of Development and Technical Services Department report DTS-03-163 outlining various renaming options and recommending renaming of a portion of Bankside Drive as Westmeadow Drive. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 2 of the Development and Technical Services Committee report of this date be adopted." Carried. A number of delegations attended to make presentations in respect to a recommendation pertaining to the McLennan Park Master Plan approved at the June 23, 2003 Community Services Committee meeting and referred to Council for consideration this date Deferral was to allow all interested parties to attend and to allow for full debate of the issues to take place. In this regard, Community Services Department report CSD-03-095 and the Community Services Committee meeting minutes of June 23, 2003 were re-circulated to Council. Mr. Glen Richardson, Manager of Downtown Planning, introduced the McLennan Park Master Plan topic. Messrs. Hugh Handy and Chris Bohme, Green Scheels Pidgeon Planning Consultants, attended to comment on the context for the McLennan Park Study commencing with the closure of the approximate 100 acre landfill facility 25 years ago. The delegation commented on opportunities and constraints relative to development of the site and on the River Valley Golf and Snow Tube Group proposal. Detailed presentation of considerations of Concept Plans A-$3.5M, B-$4.eM and C-$7.7M was made. Mr. G. Richardson referred to the staff report considered at the June 23, 2003 Community Services Committee meeting and commented on a desire for full public access to the park and the public opposition to the snow tube proposal. He also commented on the evaluations of park development COUNCIL MINUTES SEPTEMBER 15, 2003 - 333 - CITY OF KITCHENER concepts that took place, the public consultation process undertaken, the necessity to phase development over many years and the uncertainty as to what year development might commence. Finally, he advised that a copy of the staff report had been provided to all who had been involved in the process. Mr. Richardson then responded to several questions posed by Council dealing with liability, park access / egress and unknown operating cost issues with Concept A expected to have the lowest costs and Concept C expected to have the highest costs. Mr. Tony Vandergeest advised that he was attending just as a resident of the area to support Concept B which is favoured by residents based on full and free public access and their being no commercial development. Ms. Valda Manninen attended on behalf of residents of the area to voice support for Concept B. Mr. Mervyn Villemaire, Solicitor, attended on behalf of his client, River Valley Golf and Snow Tube Group, and questioned the level of concern being expressed in respect to a small portion of McLennan Park adjacent to Ottawa Street being privately operated as a snow tube facility. He acknowledged there was public opposition from the immediate neighbourhood but suggested the silence of the remainder of the public favoured the private development given that traditionally the public does not make its view known if they support an issue. Mr. Villemaire commented that historically many projects within the municipality have been opposed by certain groups but that in the end they have always worked out and benefited the municipality. It was his view that the snow tube proposal would have the same result as past projects and that the entire matter came down to a political decision. He listed the benefits of the development as follows: employment for 75-100 full and part-time staff; a facility that was affordable, safe and fun for the public; the City being relieved of operating costs to maintain the area of private development and release of liability for the private portion of the park; the snow tube operator installing snow making capability that could be made available for tobogganing; his client's investment of $85,000. during the last three years on planning and engineering issues to promote the snow tube development. In summary, Mr. Villemaire commented that it was a worthy project for the City. Questions were raised by Council and responded to by Mr. Villemaire, particularly on the level of public opposition and the surveying that took place evidencing such opposition. Mr. Villemaire noted that the Region approved the snow park subject to input from the City. Council questioned if the modified plan could provide for provision of snow tubing in the future and Mr. G. Richardson responded that there was a fair bit of flexibility in the plan. It was suggested that the second paragraph of the Committee recommendation be amended to provide for selection, in principle of modified Concept B, as the preferred concept and that the effective date in the fourth paragraph of the recommendation be deleted. Councillor G. Lorentz indicated that he was prepared to introduce the June 23 Committee recommendation with the suggested amendments and Council supported the revisions to the recommendation as friendly amendments. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of June 23, 2003), as amended this date, be adopted." Members of Council commented on the impacts and opportunities relating to the private snow tube proposal in contrast to public development of the park. Ms. L. MacDonald advised that the park was actually a de-commissioned landfill and any lease of the lands by the City from the Region should acknowledge that the Region has below ground responsibility. Additional comment was made on the desire of the public for a park with full free public access. As well, it was suggested there might be an opportunity in future to consider a snow tube project when tied to changes in technology or possibly that the Chicopee Ski Club facility be considered for an installation. It was also noted that the residents have to understand City spending priorities and that at this point, approval of a concept was only being considered and it was unknown when any funding for park development would be available within the City's Capital Forecast. Councillor G. Lorentz recommended that staff meet with Grand River Conservation Authority and Chicopee Ski Club officials to investigate whether a snow tube operation could be accommodated at the Chicopee site. A recorded vote on the June 23, 2003 Community Services Committee recommendation (McLennan Park), as amended, was requested. COUNCIL MINUTES SEPTEMBER 15, 2003 - 334 - CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola, M. Galloway, G. Lorentz and C. Weylie. Contra: None Motion Carried Unanimously. Mr. Craig Robson attended on behalf of the Centre Block Steering Committee to make a presentation with respect to the information contained in Downtown Development report DD-03-010 (Centre Block Steering Committee: Completed Activities and Future Directions), dated September 12, 2003. He advised that the Committee has been meeting weekly and to date has met with four of six developers. At this point, developers have indicated they would like to have a significant tenant secured for a portion of the block before committing to any private investment. He noted that while no immediate return could be expected on the City's investment, it was his expectation that ultimately, the area would become a preferred address at which to locate. Mr. Robson was of the view that municipal assistance was required toward the provision of essential parking for future facilities on the block. At this point, he introduced Mr. James McKellar, Associate Dean, Schulich School of Business, York University, who has been retained to assist in developing the appropriate proposal call. Mr. McKellar provided brief remarks on issues of transparency, confidentiality and accountability, as well as on how difficult it was for developers to respond to proposal calls. Mr. Robson indicated that there were two phases to the Royal Lepage Market Analysis and that the first phase dealing with the highest and best use for the site would be completed by late September or early October. Again, Mr. Robson emphasized the need for a blue chip anchor tenant and a significant use must be established in the block. He also indicated it would take four-six weeks to finish developer interviews and that the Committee would provide an update in the latter part of November / December. Mr. Fielding stated that the Steering Committee should be recognized and commended for their work to bring about future development of the Centre Block. Mayor C. Zehr requested a further update in November / December of this year and again early in 2004. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the ongoing work plan of the Centre Block Steering Committee as described in Downtown Development report DD-03-010 be accepted." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (Meeting of September 8, 2003) be adopted." Carried. COUNCIL MINUTES SEPTEMBER 15, 2003 - 335 - Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway CITY OF KITCHENER The Committee was in receipt of Corporate Services Department report CRPS-03-172, dated September 12, 2003, prepared in response to a request outlined in Clause 6 of the report which deals with the issue of a Compliance Audit Committee for the 2003 Municipal Election. On motion by Councillor J. Gazzola, seconded by Councillor J. Smola, it was agreed to approve an amendment to Clause 6 so as to authorize that three volunteers be appointed to the Committee by Council prior to Voting Day (November 10, 2003) for a term to expire November 30, 2005. It was suggested that Clause 4 dealing with Policy 11-108 respecting Electronic Hardware and Software Installation be deferred on the basis that the Policy is too harsh. Mr. J. Fielding responded that it is necessary to have specifics in place in order to apply guidelines but gave assurance that such guidelines would be applied on a reasonable basis. On motion by Councillor J. Gazzola, seconded by Councillor J. Smola, it was agreed that Clause 5 be amended to clearly refer to the fact that the Mayor and Council technology expenses were related to both City Hall and home office equipment. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clauses 5 and 6 - Carried, as Amended. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Notice of Motion was given on the agenda that Councillor J. Smola would request consideration this date of a resolution with respect to security and property maintenance along railway lines running through the City of Kitchener and the motion in question was circulated to members of Council. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz 'WHEREAS the City of Kitchener has received numerous complaints from concerned residents and businesses located adjacent to the railway tracks running through the City regarding intoxicated and disruptive trespassers on the railway lands; and, WHEREAS there is a safety issue for any individual near the railway tracks which could involve injury or death; and, WHEREAS there are potential liability issues for the owner and tenant(s) of the railway property and possibly the City of Kitchener; and, WHEREAS there is an issue with respect to the maintenance standard of the said property and the lack of response from the owner/tenant to maintain the property; and, WHEREAS the Waterloo Regional Police Services have become involved to the best of their availability in issuing trespassing orders signed by neighbouring businesses and the Railway company; NOW THEREFORE be it resolved that the owners and tenants of the railway property running though the City of Kitchener be sent correspondence requesting, at a minimum, increased security and higher standards of property maintenance; and further, "That the report of the Finance and Corporate Service Committee be adopted." COUNCIL MINUTES SEPTEMBER 15, 2003 - 336 - CITY OF KITCHENER THAT all area Members of Parliament, municipalities and the Region of Waterloo be copied on the correspondence." Carried. Mayor C. Zehr then reported on Regional issues. Firstly he referred to a joint Committee composed of five area municipalities that would deal with barrier free issues relating to the Ontarians with Disabilities Act. Secondly, he advised that pedestrian activated traffic signals are to be installed at the intersection of Queen Street and Patricia Avenue (St. Mary's Hospital). Mayor C. Zehr then referred to controversy that has occurred during the last few weeks respecting Kitchener Minor Soccer and he read a prepared statement on behalf of Council in this regard which expressed concern over the current support for the soccer program in the next season. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That staff be directed to prepare a report for consideration by the Community Services Committee at its September 22, 2003 meeting containing options and recommendations directed toward ensuring that programs are offered in the Fall season." Carried. At the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, Council consented to add one additional by-law to the agenda for three readings this date relating to the Zone Change Application for 1466 Highland Road West approved in resolution form under Clause 2 of the Development and Technical Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 6 and 7, Registered Plan 575, and Part of Block 10 and Part of Reserve Block 11, Registered Plan 1450- Pinnacle Drive. (b) To further amend By-law No. $$-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. $$-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) To further amend By-law No. $$-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (e) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (f) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - 1071745 Ontario Ltd. - Highland Road West. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES SEPTEMBER 15, 2003 - 337 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. 7ehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 6 and 7, Registered Plan 578, and Part of Block 10 and Part of Reserve Block 11, Registered Plan 1480- Pinnacle Drive. (By-law No. 2003-165) (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-166) (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-167) (d) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2003-168) (e) 110 of The City of Kitchener Municipal Code Being a by-law to amend Chapter regarding By-law Enforcement. (By-law No. 2003-169) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2003-170) (g) To confirm all actions and proceedings of the Council. (h) (By-law No. 2003-171) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1071745 Ontario Ltd. - Highland Road West. (By-law No. 2003-172) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. SEPTEMBER 15, 2003 COUNCIL MINUTES - 338 - On motion, the meeting adjourned at 10:54 p.m. CITY OF KITCHENER MAYOR CLERK COUNCIL MINUTES SEPTEMBER 15, 2003 - 339 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That an all-way stop control be installed at the intersection of Old Chicopee Drive at Daimler Drive; and further, That the Uniform Traffic By-law be amended accordingly. 2. A. That Council direct staff to initiate the process of renaming that portion of Bankside Drive between Westforest Trail and Draft Plan of Subdivision 30T-02205 as Westmeadow Drive. That Zone Change Application ZC 02/26/B/BS (1466 Highland Road West - 1071745 Ontario Ltd.) requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Residential Four Zone (R-4) with special regulation provision 406R, Residential Six Zone (R-6), Residential Six Zone (R-6) with special regulation provision 406R, Arterial Commercial Zone (C- 6), Public Park Zone (P-l) and Hazard Land Zone (P-3) on lands legally described as Part of Lot 38, German Company Tract, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated August 18th, 2003 without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and Delegation By-law 97-061, grant draft approval to Plan of Subdivision Application 30T-02205 (Highland Road West), in the City of Kitchener, for 1071745 Ontario Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02205 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated August 18th, 2003, which shows the following: Stage 1 Lots 1-26 Blocks 1-4 Blocks 5,6 Block 7 Blocks 8-10 Blocks 11,12 Block 13 Blocks 14, 15 Block 16 Block 17 Blocks 18, 19 - Max. 114 units - single detached - 26 units - single-detached (lot consolidation) - 4 units - street townhouses - 16 units - townhouses (cluster) - max. 46 units - residential (single/semi/townhouse) - max..22 units - park - wetland/stormwater management - 4.6 metre landscape buffer - service corridor/walkway - walkway - future development (High Rise Residential) Stage 2 Blocks 1-4 Block 5 - commercial - stormwater management Total - Max. 114 residential units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (1071745 Ontario Ltd.) regarding the lands shown outlined on the attached Plan of Subdivision dated August 18th, 2003 and which shall contain the following special conditions: COUNCIL MINUTES SEPTEMBER 15, 2003 - 340 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the plan shall be registered in two stages in accordance with the following: a) Stage 1 shall be registered concurrently with or at any time subsequent to the registration of Stages 1 & 3 in the adjacent Draft Plan of Subdivision 30T-01202; and b) Stage 2 shall be registered concurrently with or at any time subsequent to the construction and opening to public vehicular traffic of Ira Needles Boulevard. 3.17 The SUBDIVIDER shall make satisfactory financial arrangements with the Director of Engineering Services for construction of a 1.5 metre wide concrete sidewalk along the Highland Road frontage of the property. Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. 4.23 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 1 to 4 inclusive (Stage 1) until each is consolidated with Blocks 72 to 75 inclusive (Stage 1) respectively of the adjacent Plan of Subdivision 30T-01202; that no building permits shall be issued for all of Blocks 1 to 4 inclusive and Lots 24 to 26 inclusive (Stage 1) until Winding Meadow Court is constructed and opened by by-law; and further that no building permits shall be issued for Blocks 1 and 2 (Stage 1) until such time as the registered right-of-way (Part of Part 1, Plan 58R-10708) over the subject Blocks has been quit claimed. 4.24 a) The SUBDIVIDER agrees that no building permits shall be applied for on any lot or block in any phase of the subdivision until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this subdivision. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) No occupancy of each dwelling shall be permitted until the CITY'S Chief Building Official has confirmed that such system is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.25 a) The SUBDIVIDER shall obtain approval of plans/drawings from the CITY'S Manager of Design and Development for Blocks 14 and 15 (Stage 1) abutting Ira Needles Boulevard, showing a planting strip having a minimum width of 4.6 metres and a 1.8 metre high chain link fence. Such planting strip shall be developed at the SUBDIVIDER'S cost in accordance with the approved plans. The maintenance of said Blocks shall be the responsibility of the City. b) If a physical noise attenuation barrier is required, the installation of such barrier shall substitute for the planting strip and fence. COUNCIL MINUTES SEPTEMBER 15, 2003 - 341 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Highland Road to Block 19 (Stage 1) for Stage 1 (subject to a temporary Regional Road Access Permit requirement) and restricted to using Ira Needles Boulevard for Stage 2 and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 The SUBDIVIDER agrees that the final lotting plan shall also include an on-street parking plan and draft driveway location plan showing an appropriate amount of parking spaces provided within the block, to the satisfaction of the CITY'S Manager of Design and Development. 6.12 The SUBDIVIDER agrees to establish a monitoring program, acceptable to the City's Director of Engineering Services, for all private wells on properties along the north side of Highland Road West between 1358 and 1500 Highland Road West inclusive, except for 1398 Highland Road West but including Future Development Block 19 (Stage 1), prior to the commencement of, and during, development, and subsequent to development for a period of two (2) years from the date of the City's acceptance of the underground services related to Stage 1. The entire cost of the monitoring program shall be the responsibility of the SUBDIVIDER and the SUBDIVIDER of the adjacent plan of subdivision 30T-01202. The SUBDIVIDER further agrees that if, within the stipulated time frame, the installation of underground services or the construction of the subdivision causes the existing private wells to be impacted to the degree of being unable to provide and appropriate and adequate supply of potable water, as determined by the monitoring program, the SUBDIVIDERS shall be responsible for providing a new water supply to any affected properties, either temporarily or permanently as the case may be, to the satisfaction of the City's Director of Engineering Services. In the event that the properties of concern on the north side of Highland Road have public water service, the well monitoring program shall not be required 6.13 The SUBDIVIDER agrees that prior to pre-servicing, or the registration of Stage 1 or at the request of the owner of the adjacent lands to the east in Plan of Subdivision 30T- 01202, whichever is first, to dedicate to the City of Kitchener the lands that would be the completion of the Winding Meadow Court cul-de-sac. 6.14 The SUBDIVIDER agrees to provide an easement(s) to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the satisfaction of the CITY's Director of Engineering in consultation with the consulting engineer for the SUBDIVIDER. The appropriate easement shall be granted to the CITY, immediately upon the CITY's request, and the CITY agrees to quit claim the easement when appropriate. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design and Development and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with coordinate COUNCIL MINUTES SEPTEMBER 15, 2003 - 342 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. This shall include any easements required for services over Block 7 (Stage 1) and for stormwater management over Blocks 3 and 4 (Stage 2). The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Manager of Design and Development. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Manager of Design and Development or, in the case of parkland, the CITY'S Director of Operations; and (e) to provide to the CITY'S Manager of Design and Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall ensure that the existing registered right-of-way identified as Part of Part 1, Plan 58R-10708 is quit claimed, save and except for that portion of the right- of-way over Blocks 1 and 2 (Stage 1), if still required, 3rior to the dedication of roads to the City by the registration of the Plan of Subdivision. 9. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 10. The SUBDIVIDER agrees to convey to the City, at no cost and free of encumbrance, the following lands for the purposes set out below: a) Blocks 11 and 12 (Stage 1), for parkland; b) Block 13 (Stage 1), as wetland/stormwater management; c) Blocks 14 and 15 (Stage 1), for 4.6m planting strip (backlotted arterial); and d) Block 15 for servicing/walkway purposes COUNCIL MINUTES SEPTEMBER 15, 2003 - 343 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - 11. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Manager of Design and Development, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Manager of Design and Development; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications all to the satisfaction of the CITY'S Manager of Design and Development; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Development and Technical Services Department. 12. That prior to the registration of Stage 2, the SUBDIVIDER shall make arrangements for the granting of any easements for stormwater management purposes to the City to the satisfaction of the CITY'S Engineering Services. 13. That the 5%/2% parkland dedication required for the entire Plan of Subdivision, being 0.59 hectares, shall be satisfied by the conveyance of Blocks 11 and 12 (Stage 1) to the CITY, at no cost and free of encumbrance. 14. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design and Development, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 15. That the SUBDIVIDER enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, which shall require that prior to the commencement of any grading of Block 19 (Stage 1) and/or prior to the issuance of any building permits for Block 19 (Stage 1), whereby the owner shall undertake a site assessment for the subject lands in accordance with the Guidelines for Use at Contaminated Sites in Ontario. A copy of the Record of Site Condition, acknowledged by the Ministry of Environment and Energy shall be provided to the CITY'S Manager of Design and Development. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: COUNCIL MINUTES SEPTEMBER 15, 2003 - 344 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. That prior to any grading, a lot grading and drainage plan and stormwater management report be submitted for approval, for the entire draft plan of subdivision, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services where lands drain to a regional facility. That 50 foot daylight triangles be established at the intersection of Ira Needles Boulevard and Detweiler Court and be dedicated on the final plan as public highway to the appropriate road authority. That the SUBDIVIDER obtain a Regional Road Access Permit for any access onto Highland Road West (Regional Road No. 6), including a temporary permit for a construction access to Stage 1 via Block 19 (Stage 1) at the westerly limit of the Block. 5. That the SUBDIVIDER obtain a Regional Road Access Permit to Ira Needles Boulevard prior to the construction of Detweiler Court. That prior to the registration of Stage 2, the SUBDIVIDER shall enter into an agreement with the Regional Municipality of Waterloo to prohibit access to any Blocks within Stage 2 from Ira Needles Boulevard, save and except for emergency access purposes if required and to the satisfaction of the Regional Municipality of Waterloo. That prior to the final approval of Stage 2 of the plan of subdivision, the SUBDIVIDER shall submit an update to the Traffic Impact Study, including an analysis of pedestrian movements across Ira Needles Boulevard at Detweiler Court and Block 16 (Stage 1), to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services and, if necessary, enter into an agreement with the Region to implement the recommendations of the study. a) That prior to the final approval of the plan of subdivision, the SUBDIVIDER shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for Ira Needles Boulevard and Highland Road West (Regional Road No. 6) and if necessary, the SUBDIVIDER shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures. b) That the SUBDIVIDER shall further include the following warning clause to be registered on title and included in all offers to purchase and sale agreements for Lots 18-26 inclusive and Blocks 1,2 and 5 to 7 inclusive: "Due to its proximity to Ira Needles Boulevard, projected noise levels on the property exceed the Noise Level Objectives approved by the Regional Municipality of Watedoo and may cause concern to some individuals. Moreover, the dwelling has been fitted with a forced air-ducted heating system suitably sized to and designed to permit the future installation of a central air conditioning system by the occupants." c) That the SUBDIVIDER shall enter into a registered agreement to prepare a noise study, to the satisfaction of the Region, to indicate methods to be used to abate traffic noise levels for Ira Needles Boulevard and Highland Road West on Future Development Block 19 (Stage 1) prior to any site plan approval of said Block and, if necessary, shall provide for implementation of the approved noise study attenuation measures. That the SUBDIVIDER include the following warning clause to be registered on title and included in all offers to purchase and sale agreements for any residential lots or blocks constructed with finished floor elevations greater than 375 MASL: COUNCIL MINUTES SEPTEMBER 15, 2003 - 345 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - "Purchasers are advised that prior to the implementation of the new Kitchener Pressure Zone 6, tentatively scheduled for 2005, water pressures may be below the Region's water supply goals during periods of elevated water demand." 10. a) That the SUBDIVIDER enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the SUBDIVIDER include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." ©THERAGENCYCONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 2003 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report (prepared by Conestoga Rovers and Associates dated November 2002 and updated June 2003). b) A detailed Lot Grading, Servicing and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any construction within a wetland or floodplain of the Detweiler Greenway. That prior to final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. 3. That prior to the start of construction, the SUBDIVIDER shall install temporary fencing along the edge of lands owned by Hydro One at the SUBDIVIDER'S cost. COUNCIL MINUTES SEPTEMBER 15, 2003 - 346 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - 4. That following the completion of construction, the SUBDIVIDER shall install permanent fencing along lands owned by Hydro One at the SUBDIVIDER'S cost. That Hydro One property is not to be used without the express written permission on Hydro One Networks Inc. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The Subdivider will be responsible for restoration of any damage to the right-of-way from construction of the subdivision. 6. That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.7 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by Hydro One that Conditions 4.2 to 4.6 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Manager shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical Services Department of any changes in ownership, agent, address and phone number. Regional Agreement 4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this COUNCIL MINUTES SEPTEMBER 15, 2003 - 347 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $60.00 respectively. Fees 5. The owner/developer Js advised that the City of KJtchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 6. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability 9. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.C. 1996, c.4 (Bill 20). Regional Servicing Agreement 10. The owner/developer is advised that draft approval is not a commitment by the Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 11. To ensure that a City and Regional Release is issued by the City's Manager of Design and Development or the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all City and Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the City and Regional Planner responsible for the file, no later than December 15th. City and Regional staff can not COUNCIL MINUTES SEPTEMBER 15, 2003 - 348 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - ensure that a City and Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Hydro Lands 12. The transmission lines abutting this subdivision operate at either 500,000, 230,000 or 150,000 volts. Section 186 - Proximity- of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energised 500 kV conductor. The distance for a 230kV conductor is 4.5 metres (15 feet) and for 115kV conductors it is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Final Plans - Subdivision 13. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried.) That the request of Michael Ibrahim for temporary occupancy for 659 King Street West, be approved conditional upon the following: a) b) That enforcement of the City's Zoning By-law be waived with respect to retail sales within buildings existing on September 17, 2001, and temporary occupancy be approved subject to the retail uses vacating the location in the event the City initiated Zone Change (ZC 03/16/TC/RM) to add retail uses to the subject lands is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. That the City of Kitchener, pursuant to Section 51 (18) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and By-law No. 2002-164 of the City of Kitchener, hereby modifies the draft approval for Plan of Subdivision Application 30T-01202, Sunvest Development Corp., as follows (asterisk indicates revised conditions and italics indicates revision): '1. That this approval applies to Plan of Subdivision 30T-01202 as shown on the plan prepared by Planning and Engineering Initiatives Ltd. last revised November 8th, 2002 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 22®, 2002, and last revised August 22nd, 2003 which shows the following: Stage 1 Lots 1-71 Blocks 72-75 Blocks 76, 77 Blocks 78 & 81 - 71 units - single detached - future residential - 0.3m reserve - park COUNCIL MINUTES SEPTEMBER 15, 2003 - 349 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - Block 79 Block 80 Blocks 82, 84 Block 83 Block 85 - 6m walkway - wetland/SWM - open space/SWM - open space - 6m walkway/emergency access Stage 2 Lots 1-24 Block 25 Block 26 - 24 units - single detached - 6m walkway/SWM facility access - 0.3 metre reserve Stage 3 - 30 units Lots 1-30 - single detached Block 31 - 0.3 metre reserve Total - 125 units 2. CITY OF KITCHENER CONDITIONS: '2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Sunvest Development Corp.) regarding the lands shown outlined on the attached Plan of Subdivision dated rd nd October 23 , 2002 and last revised August 22 , 2003 and which shall contain the following special conditions: Section 2 Prior to Area Grading 2.11 The SUBDIVIDER shall prepare a Grading, Erosion and Siltation Control Plan for the area to be used for emergency access and construction route from Victoria Street to Winding Meadow Court over Hydro One lands and Block 85 (Stage 1) and a detailed design of the access route to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Community Services and Hydro One. Section 3 Prior to Servicing 3.18 The SUBDIVIDER agrees that the plan shall be registered in three stages in accordance with the following: a) Stage 1 must be registered first; b) Stage 2 shall be registered concurrently with or at any time subsequent to the registration of Stage 1; c) Stage 3 shall be registered after Stage 2 and concurrently with or at any time subsequent to the registration of the appropriate stage in the adjacent Draft Plan of Subdivision 30T-02205 Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. 4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for on any lot or block in any phase of the subdivision until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this subdivision. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. COUNCIL MINUTES SEPTEMBER 15, 2003 - 350 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - b) Occupancy of each dwelling shall not be permitted until the CITY'S Chief Building Official has confirmed that the direct-to-fire alarm monitoring system referenced to in 4.23 a) is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 4.24 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 72 to 75 (Stage 1) until the closure of the adjacent 6 metre wide right-of-way is complete and said Blocks are consolidated with the redundant right-of-way and with the appropriate Blocks in Stage 1 in the adjacent Plan of Subdivision 30T-02205. 4.25 The SUBDIVIDER agrees: a) To construct the required permanent emergency access road on Block 85 (Stage 1) and the temporary emergency access road over Hydro One lands between Block 85 (Stage 1) and the future Victoria Street extension to the satisfaction of the CITY's Director of Engineering in accordance with the requirements set out in the CITY's Subdivision Manual at the cost of the SUBDIVIDER and in consultation with Hydro One prior to the issuance of a building permit for Stage 1. b) That the temporary emergency access road to be located on Hydro One lands between Block 85 (Stage 1) and existing Victoria Street shall not be used for public walkway purposes and the SUBDIVIDER shall erect a sign at the entrance to Block 85 (Stage 1) indicating such to the satisfaction of the City's Director of Operations prior to the issuance of a building permit for Stage 1. 4.26 The SUBDIVIDER shall make financial arrangements with the CITY's Engineering Services for the extension of municipal services that are necessary to provide an adequate storm outlet and access to the stormwater management pond to be located on Block 82 (Stage 1) prior to the issuance of any building permits in Stage 2. Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Victoria Street to Block 85 (Stage 1) over the Hydro One lands for Stage 1 and restricted to using Highland Road to the laneway adjacent to the western boundary of the plan of subdivision for Stage 2 and restricted to using Bankside Drive from the adjacent plan of subdivision 30T-02205 for Stage 3 and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 That in the event that the future Victoria Street extension is not constructed and open as a public road prior to the registration of the final stage of the plan of subdivision, the SUBDIVIDER shall submit a Letter of Credit for the cost of the construction of the permanent emergency access/walkway from Block 85 (Stage 1) to the Victoria Street extension to the satisfaction of the CITY's Director of Engineering Services prior to the registration of the final stage of the plan of subdivision. 6.12 The SUBDIVIDER agrees that prior to pre-servicing or the registration of Stage 1 of the plan whichever is first, that the CITY be in receipt of a registerable deed for the lands that would be the completion of the Winding Meadow Court cul-de-sac and the SUBDIVIDER shall be responsible for the design and construction of said road to the satisfaction of the CITY's Director of Engineering Services. COUNCIL MINUTES SEPTEMBER 15, 2003 - 351 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - '6.13 The SUBDIVIDER agrees to establish a monitoring program, acceptable to the City's Director of Engineering Services, for all private wells on properties along the north side of Highland Road West between 1358 and 1500 Highland Road West inclusive, except for 1398 Highland Road West but including Future Development Block 19 (Stage 1) of plan of subdivision 30T-02205, prior to the commencement of, and during, development, and subsequent to development for a period of two (2) years from the date of the City's acceptance of the underground services related to Stages 2 and 3. The entire cost of the monitoring program shall be the responsibility of the SUBDIVIDER and the SUBDIVIDER of the adjacent plan of subdivision 30T-02205. The SUBDIVIDER further agrees that if, within the stipulated time frame, the installation of underground services or the construction of the subdivision causes the existing private wells to be impacted to the degree of being unable to provide and appropriate and adequate supply of potable water, as determined by the monitoring program, the SUBDIVIDERS shall be responsible for providing a new water supply to any affected properties, either temporarily or permanently as the case may be, to the satisfaction of the City's Director of Engineering Services. In the event that the properties of concern on the north side of Highland Road have municipal water service, the well monitoring program shall not be required. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. *2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design and Development and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: *(a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Manager of Design and Development. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; COUNCIL MINUTES SEPTEMBER 15, 2003 - 352 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; *(d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Manager of Design and Development or, in the case of parkland, the CITY'S Director of Operations; and *(e) to provide to the CITY'S Manager of Design and Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. *9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Manager of Design and Development, in accordance with the following criteria: *a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Manager of Design and Development; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; *c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Manager of Design and Development; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 10. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire subdivision by conveying Blocks 78 and 81 (Stage 1) to the CITY at no cost and free of encumbrance. 11. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S Director of Operations and to obtain therefrom, approval of such plans. 12. The SUBDIVIDER shall prepare a detailed design in accordance with the requirements set out in the CITY's Subdivision Manual and the Grading, Erosion and Siltation Control Plan for the temporary and permanent emergency access to be located on Hydro One lands COUNCIL MINUTES SEPTEMBER 15, 2003 - 353 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - between Victoria Street and Block 85 (Stage 1) to the satisfaction of Hydro One, the CITY's Director of Operations and the CITY's Director of Engineering Services 13. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 14. To convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: STAGE 1 a) Blocks 76 and 77 for 0.3 metre reserve; b) Blocks 78 and 81 for park purposes; c) Block 80 for wetland/stormwater management purposes; d) Blocks 82 and 84 for open space/stormwater management purposes; e) Block 83 for open space purposes. STAGE 2 a) Block 25 for SWM facility access; b) Block 26 for 0.3 metre reserve. STAGE 3 a) Block 31 for 0.3 metre reserve. '15. That Street One shall be appropriately named prior to the registration of Stages 2 and 3 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. 2. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. 3. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment COUNCIL MINUTES SEPTEMBER 15, 2003 - 354 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That prior to any grading, the owner shall prepare a storm water management report to be submitted for approval for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. That prior to the registration of Stage One of the plan, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Regional Road No. 55 (Victoria Street), and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. That the owner enter into an agreement with the City of Kitchener that no dwelling units in this plan of subdivision will be constructed with finished floor elevations greater than 377 MASL in order to maintain adequate water pressure. That the owner receive written confirmation from Hydro One indicating that they have no objection to the temporary and permanent emergency access extending across their property from Winding Meadow Court to Victoria Street and forward this confirmation to the Regional Commissioner of Planning, Housing and Community Services prior to the issuance of Regional Road Access Permits for each access respectively. That the owner submit a detailed design drawing to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services for the temporary emergency access to Highland Road and for the temporary and permanent emergency access at Victoria Street prior to the issuance of Regional Road Access Permits for each access respectively. 4. OTHERAGENCYCONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the SUBDIVIDER shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report outlined within the Environmental Impact Study (prepared by Planning and Engineering Initiatives Ltd. and Thompson Environmental Planning Design Ltd. dated July 5, 2002. b) A detailed Lot Grading, Servicing and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior to any construction within a wetland or floodplain of the Detweiler Greenway. 2. That prior to final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage shall be controlled and directed away from Hydro One property. COUNCIL MINUTES SEPTEMBER 15, 2003 - 355 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - 3. That prior to the start of construction, the SUBDIVIDER shall install temporary fencing along the edge of lands owned by Hydro One at the SUBDIVIDER's cost. 4. That following the completion of construction, the SUBDIVIDER shall install permanent fencing along lands owned by Hydro One at the SUBDIVIDER's cost. That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The proponent will be responsible for restoration of any damage to the right-of-way from construction of the subdivision. 6. That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. 5. CLEARANCE CONDITIONS '1. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.8 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. *2. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. *3. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by Hydro One that Conditions 4.2 to 4.6 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One shall include a brief statement detailing how the condition has been satisfied. *4. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. *5. That prior to the signing of the final plan by the City's Manager of Design and Development, the Director shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical Services Department of any changes in ownership, agent, address and phone number. Fees 4. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.©. 1990 C. COUNCIL MINUTES SEPTEMBER 15, 2003 - 356 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 5. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management 6. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 7. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability 8. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement 9. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 10. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 11. Hydro Lands The transmission lines abutting this subdivision operate at either 500,000 or 230,000 volts. Section 186 - Proximity- of the Regulations for Construction Projects in the Occupational COUNCIL MINUTES SEPTEMBER 15, 2003 - 357 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energised 500 kV conductor. The distance for a 230kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Final Plans - Subdivision 12. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints It is the opinion of this Committee that approval of this modification is proper planning for the City. That the Director of Engineering be authorized to enter into negotiations for the removal of the UST on the City's lands adjacent to 130 Weber Street West, in conjunction with the removal of the similar tank on the named property; and, That upon completion of the negotiations, an agreement between the land owner and the City, satisfactory to the City Solicitor be prepared; and, That the Mayor and City Clerk be authorized to sign the agreement on behalf of the City; and further, That the Director of Engineering be authorized to include the cost of the UST removal and associated soil cleanup in the 2004 capital budget. That Development and Technical Services Department report DTS-03-151 (Sanitary Utility) be received as information; and further, That a cross-departmental staff team from Engineering, Operations and Finance be created to manage the Sanitary Utility within the City of Kitchener. That Council receive for information a copy of the Phase II Environmental Site Assessment Report dated August, 2003 pertaining to City owned land at Woodside Park and Highland Courts Park prepared by Frontline Environmental Management Inc.; and, That the City Solicitor be directed to notify the current and former owners of 90 Woodside Avenue as to the findings of said Report and place them on notice as to the City's expectations that these parties will conduct further study of the conditions at 90 Woodside Avenue and City lands to characterize the problem and then undertake to remediate the situation; and, That the City Solicitor file a complaint with the Ministry of Environment Guelph District Office regarding a discharge of a contaminant from the adjoining property at 90 Woodside Avenue; and further, That staff be directed to monitor the borehole located at MW-2 on an annual basis until corrective action is complete. COUNCIL MINUTES SEPTEMBER 15, 2003 - 358 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE (CONT'D) - 8. CITY OF KITCHENER That Development and Technical Services Department report DTS-03-158 (Power Outage) be received as information. That transportation planning staff prepare a comprehensive report detailing all options available to implement traffic calming in neighbourhoods to address vehicular speeding / aggressive driving in order to enhance the safety of both pedestrians and drivers; and further, That the staff report be considered by the Developmental and Technical Services Committee at a future meeting. COMMUNITY SERVICES COMMITTEE - (Meeting of June 23, 2003) 1. That the McLennan Park Master Plan Study Report, dated June 2003, prepared by Green Scheels Pidgeon Planning Consultants Limited, be received as information; and, That a modification of Concept Plan 'B', as outlined in Community Services Department report CSD-03-095, be selected in principle as the preferred concept for the development of McLennan Park; and, That the development of Concept Plan 'B' be considered further during the preparation of the 2004-2013 Capital Forecast budget; and further, That Community Services staff be directed to start negotiations with the Region of Waterloo in respect of a lease agreement to the City of Kitchener for the above surface portion of McLennan Park. (Dealt with under Delegations and Carried, as amended, on a recorded vote) COMMUNITY SERVICES COMMITTEE - (Meeting of September 8, 2003) That the name of the Victoria Park T-Ball Association be removed from the list of approved Minor Sport organizations named as insured on the City's Minor Sport Liability Insurance Policy. That a payment of $17,500. be approved, retroactively, to Kayco Composites LLC, manufacturers of Eventdek Flooring, in settlement of a supplier's lien claim against the Kitchener Memorial Auditorium Complex (KMAC). That the resignation of Myrta Riveira from the Arts and Culture Advisory Committee be acknowledged and that Isabel Cisterna be appointed to the Committee for the remainder of the current term, expiring November 30, 2003. That subject to the satisfaction of the City Solicitor, the Manager of the Kitchener Memorial Auditorium Complex (KMAC) be authorized to execute a contract with Hockey Western New York, LLC (Buffalo Sabres) for the holding of a pre-season N.H.L. exhibition game at the KMAC between the Buffalo Sabres and Tampa Bay Lightning on September 30, 2003. That the report of the Victoria Hills Community Association dated September 8, 2003 outlining a request for funding approval in 2005 in the amount of $2,136,800. for the Victoria Hills Community Centre expansion project, be received; and further, That the said report be referred to staff pending completion of the Leisure Facilities Master Plan Study. COUNCIL MINUTES SEPTEMBER 15, 2003 - 359 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (Meeting of September 8, 2003) - (CONT'D) 6. That if by December 31, 2003, a suitable location and partner is not in place to manage the operation of a potential glass blowing studio, the glass blowing equipment owned by the City of Kitchener be sold; and further, That should the said equipment be sold, the sale proceeds be divided by allocating a maximum of $40,000. to the general operating fund and any remaining proceeds allocated to the City's Public Art Trust Fund. FINANCE AND CORPORATE SERVICES COMMITTEE - That the revisions to Human Resources Policy #11-255 (Safe Operating / Driving), as attached to Strategic Services Department report SSD-03-028, be adopted. WHEREAS the recommendations contained in the Safe and Sound Project of the Kingsdale Neighbourhood Association were presented to City Council on November 4, 2002, and subsequently referred to the Safe and Healthy Community Advisory Committee for consideration and recommendation; and, WHEREAS a presentation was made by the Kingsdale Neighbourhood Association to the Safe and Healthy Community Advisory Committee at its meeting of June 10, 2003; and, WHEREAS the Safe and Healthy Community Advisory Committee noted that the 4 recommendations of the Safe and Sound Project are being incorporated into the draft Youth Opportunities Plan scheduled for presentation to City Council in the near future; NOW THEREFORE BE IT RESOLVED that the Safe and Healthy Community Advisory Committee recommends that no action be taken on the recommendations of the Safe and Sound Project, as presented to City Council on November 4, 2002. That $100,000. be budgeted in the Capital Forecast for the purchase of carpet for City Hall in 2004 and an additional $100,000. in 2008. That draft policy #11-108, entitled 'Electronic Hardware and Software Installation', be approved, as attached to Strategic Services Department report SSD-03-026; and further, That staff monitor the impact of this policy and report to the Finance and Corporate Services Department within one year of its implementation. That the policy attached to Financial Services Department report FIN-03-036, dated August 21, 2003, regarding Mayor and Council Technology expenses relating to both City Hall and Home Office equipment, be approved, effective December 1,2003. (As Amended) That in accordance with Section 81 (3.1) of the Municipal Election Act, 1996, Council delegates its authority under subsections 3, 4, 7, 10 and 11 of the Act with respect to elector requests for applications for compliance audits relating to candidate election campaign finances to an independent Committee, for the 2003 Municipal Election; and further, That staff be directed to advertise for three (3) volunteers to be appointed to the Compliance Audit Committee prior to Voting Day, November 10, 2003, for a term to expire November 30, 2005. (As Amended) That the Chief Administrative Officer be granted authority to approve all Tenders, Expressions of Interest and Proposal Calls which are currently unbudgeted and with a value in excess of $50,000. for the period September 26 to December 12, 2003; and, COUNCIL MINUTES SEPTEMBER 15, 2003 - 360 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. CITY OF KITCHENER (Cont'd) That this authority be automatically rescinded in the event the current Council, either on September 26, 2003 (Nomination Day) or November 10, 2003 (Voting Day) is not prohibited from carrying out the activities outlined in Section 275 of the Municipal Act, 2001; and further, That any approvals granted by the Chief Administrative Officer during the above period be reported to Council for ratification at the earliest opportunity following the Inaugural Meeting of the new Council. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from October 2-5, 2003, subject to the following: a) the hours of operation shall be: Thursday, October 2 3:30 p.m. - 10:00 p.m. (music off at 8:00 p.m.) Friday, October 3 3:00 p.m. - 11:00 p.m. (music off at 10:00 p.m.) Saturday, October 4 10:00 a.m. - 11:00 p.m. (music off at 10:00 p.m.) Sunday, October 5 Noon - 10:00 p.m. (music off at 8:00 p.m.); and, b) the music at the Midway shall be turned off one hour before closing time except those evenings (Thursday and Sunday) preceding school days when it shall be turned off at 8:00 p.m.; and, c) music at the Midway shall be turned down at 8:00 p.m. on Friday and Saturday evenings; and, d) parking arrangements shall be reviewed with Traffic Planning staff to ensure adequate off- street parking will be provided; and further, e) the required licence shall be obtained prior to operating the Midway. That the supply and transportation components of the Natural Gas Rates for system gas customers of the City of Kitchener remain at current levels until April 1,2004. HERITAGE KITCHENER - That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2003- V-20 (25 Norfolk Crescent) be approved to permit the construction of a detached garage, as shown on the plans submitted with the application. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2003- V-21 (103 Queen Street South) be approved to permit renovations, restorations and window and rear porch replacements as outlined in the application and supporting material provided by Robert J. Dyck, Architect and Engineer; and further, That the applicant be requested to restore and reuse the fretwork and brackets on the rear porch. SEPTEMBER 15, 2003 COUNCIL MINUTES - 361 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Location of Special Council Meetinq - September 29, 2003 This item was withdrawn from the agenda. 2. Tenders Dealt with under Delegations. 3. Declaration of Surplus Lands - 65 Madison Avenue Council was in receipt of Corporate Services Department report CRPS-03-155 (L. Proulx), dated August 26, 2003. It was resolved: "That Part Lot 3, Plan 370, Reference Plan 55R-2669 (65 Madison Avenue) declared surplus to the City's needs, and staff be directed to convey the land to the abutting owner at market value." 4. Declaration of Surplus Lands - 127 Ahrens Street West Council was in receipt of Corporate Services Department report CRPS-03-152 (L. Proulx), dated August 26, 2003. It was resolved: "That Part 2 on Reference Plan 55R-3044 be declared surplus to the City's needs, and staff be directed to convey the land to the abutting owner at market value." 5. Centre Block Steerinq Committee - Completed Activities and Future Directions Dealt with under Delegations. 6. Sale of Tickets - Canadian Cancer Society Council was in receipt of Corporate Services Department report CRPS-03-167 (J. Koppeser), dated September $, 2003, advising of no objection to the sale of raffle tickets. It was resolved: "That the City of Kitchener has no objection to the Canadian Cancer Society, Ontario Division, 1639 Yonge Street, Toronto, Ontario M4T 2W6, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from December 12, 2003 to January 12, 2004 at MiraTel Solutions Inc., 2501 Steeles Avenue West, Suite 200, North York, Ontario M3J 2P1 ." COUNCIL MINUTES SEPTEMBER 15, 2003 - 362 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) Charitable Temporary Retail Market Licence - Citizens' Advisory Committee on Air Quality (Waterloo Reqion) Council was in receipt of Corporate Services Department report CRPS-03-168 (J. Koppeser), dated September 8, 2003, regarding a request for a Temporary Retail Market Licence. Ms. L. MacDonald advised of staff concerns relating to the event to which the licence relates and which is to be held in Victoria Park. Specifically that all applications have not been received and a rental agreement entered into. She advised that the wording of any motion be conditional on completion of these outstanding requirements. It was resolved: "That subject to satisfying the City Solicitor that the necessary City approvals have been received for the operation of the K-W International Car Free Festival, the request of the Citizens Advisory Committee on Air Quality (Waterloo Region) for a Charitable Temporary Retail Market Licence, to be held on Sunday, September 21,2003 in Victoria Park in conjunction with the Festival event, be approved, provided the required licence is obtained and that the reduced fee of $10. be applicable." 8. Uncollectible Utility Accounts Write Off Council was in receipt of Financial Services Department report FIN-03-035 (J. Evans / P. Houston), dated August 27, 2003. Council questioned if there was any other way that outstanding debts owed to the City could be recovered including use of a collection agency and focused comment on such processes relating to uncollectible utility accounts and uncollectible receivables. Staff referenced changes that have taken place in legislation and pointed out that there were legal issues and consequent ramifications on which Council should be advised by Legal Services staff. Mayor C. Zehr expressed concern in cases where uncollectibles related to by-law infractions, noting that enforcement activity is only as good as the collection success backing it up. Ms. P. Houston agreed to review collection procedures. Councillor M. Galloway was of the view that where the collectible relates to a utility, service should be cut off if an account remained unpaid, this whether or not a party was still at a particular address or had moved to another address and continued to consume City services at that new location. Council agreed to approve the uncollectibles this date but directed that staff review the related policies and procedures and report back at the Finance and Corporate Services Committee at its first meeting in January 2004. It was resolved: "That Uncollectible Utility Accounts, amounting to $986,908.05, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 9. Uncollectible Receivables Write Off Council was in receipt of Financial Services Department report FIN-03-038 (J. Evans / P. Houston), dated August 27, 2003. This item was discussed under Item B.8. SEPTEMBER 15, 2003 COUNCIL MINUTES - 363 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 9. Uncollectible Receivables Write Off - (Cont'd) It was resolved: CITY OF KITCHENER 'That Uncollectible Receivables, amounting to $159,261.46, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables. 10. Outdoor Vendors on Various Public Properties Durinq Oktoberfest Council was in receipt this date of Corporate Services Department report CRPS-03-170 (J. Koppeser), dated September 10, 2003. It was resolved: "That the following events/vendors be granted permission to operate on public property during Oktoberfest (October 10-18, 2003), provided the necessary licences and/or building permits are obtained: Vendor Name Product List Location Domino's Pizza pizza, pop, coffee closed section of Benton St. Grainharvest Breadhouse pretzels, pastries, strudel, closed section of Benton St. Inc. pop, water beside Halls Lane K-W Oktoberfest information tent closed section of Benton St. Information Tent near Charles St. corner K-W Oktoberfest Main Willkommen Platz closed section of King St. Stage E. K-W Oktoberfest Hans souvenirs closed section of Frederick Haus St. Kennedy's Restaurant & serving into Oktoberfest closed section of Frederick Catering Haus St. MG Beauty Art body art (temporary tattoos) closed section of Frederick St. Oktoberfest Car Show car show along King St. E. Oktoberfest Haus beer & food corner of Frederick St. and (Kitchener Oktoberfest Duke St. E Lions Club) Rotisserie to Go rotisserie beef, pork & closed section of Frederick chicken, etc. St. The Forest House sausages, hot dogs, strudel beside Hans Haus at the corner of Benton St. & Charles St.E. Vans Original Belgium waffles & coffee, etc. corner of King St. E. & Waffles Inc. Benton St. Central Ontario parade bleacher tickets, along King St. E. between Development Riding coffee & doughnuts Queen St. & Ontario St. Program Oktoberfest Idol talent contest beside Goudies Lane." SEPTEMBER 15, 2003 COUNCIL MINUTES - 364 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 11. CITY OF KITCHENER Aqreement - Donation of Vehicle by Heffner Lexus Toyota Council was in receipt this date of Development and Technical Services Department report DTS-03-165 (R. Browning), dated September 15, 2003. It was resolved: "That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Heffner Auto Sales and Leasing Inc. regarding the use of a 2004 Toyota 4Runner for the purposes of transporting the Canine Search Specialist"