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HomeMy WebLinkAboutCouncil Minutes - 2004-02-09COUNCIL MINUTES FEBRUARY 9, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Carrie Schultz, Karing Kids & Teens. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held January 26, 2004 and special meetings held January 26 and February 2, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Expression of Interest E03-065, Consultant Services - Water Street Reconstruction (Joseph Street to Courtland Avenue), be awarded to Earth Tech Canada Inc., Kitchener at their estimated fee of $66,206.25, including a contingency of $5,525. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." Carried. Council was in receipt this date of Community Services Department report CSD-04-023 (F. Pizzuto), dated February 5, 2004, concerning a potential partnership with the University of Waterloo to locate a Health Sciences Campus and School of Pharmacy within the Downtown. Mr. F. Pizzuto, General Manager of Downtown Development & Community Services, advised that discussions have been ongoing with the University with respect to use of vacant lands at the corner of King Street West and Victoria Street South (former Epton site). He advised that the first phase of development potentially involves completion of a School of Pharmacy by 2006-07, to be followed by expansion of the Health Sciences Campus which is anticipated to be completed within the next 10-15 years involving additional City-owned lands (Bramm Street Yards). The projected budget for the first phase is estimated at $147+ M, with $30+ M in capital investments to be contributed by the City and $87 M by the University of Waterloo. In addition, contributions will be sought from senior levels of government, the private sector and through fundraising. Mr. Pizzuto stated that the proposal will accelerate the City's strategy to advance an 'educational and knowledge creation' cluster; attract private sector development; and provide health resources and economic benefits for the entire community. He advised that a Downtown Development Business Case will be presented for consideration in conjunction with the 2004 Capital Budget approval process in March 2004 and will include the proposed partnerships with Wilfrid Laurier University and the University of Waterloo, as well as the potential for a new Kitchener Public Library main branch. Messrs. David Johnston, President, University of Waterloo, and Michael Sharratt, Dean of the Faculty of Applied Health Sciences, attended in support of the proposed partnership. Mr. Johnston advised that the University of Toronto has been included in discussions as they currently have the only School of Pharmacy in the Province and the University of Waterloo hopes to establish a collaborative arrangement with them. He commented on the strength of the University to provide a variety of health initiatives and the economic benefits to be gained by all stakeholders. In response to questions, Mr. Johnston advised that parties to the discussions would also include two Provincial Ministries, being the Ministry of Training, Colleges & Universities and the Ministry of Health, as well as the Ontario College of Pharmacists. Ms. Karen Redman, MP - Kitchener Centre, attended in support of the proposed partnership, commenting that it is visionary and consistent with Municipal, Regional and Provincial initiatives to rehabilitate brownfield sites and enhance health care services. She advised, however, that it is premature to discuss any level of Federal participation at this time. Mr. John Milloy, MPP - Kitchener Centre, was also in attendance and circulated this date correspondence dated February 9, 2004 acknowledging his support of the proposed partnership. Mr. Milloy commented that the proposed campus by its very presence, will attract private and public sector investment and contribute to the community's economic health and well being. He advised that should the proposal proceed, he is willing to work with the University and the City to identify COUNCIL MINUTES FEBRUARY 9, 2004 - 39 - CITY OF KITCHENER potential sources of Provincial funding and facilitate any applications made by the City to the Province. Mr. Ken Seiling, Regional Chair, Region of Waterloo, also attended in support of the proposal, stating that it fits well within the initiatives of the Region's Growth Management Strategy to redevelop municipal downtown centres. Ms. Karen Scherl, a Kitchener resident, attended to raise concerns with respect to the $30+ M capital investment to be contributed by the City toward this project. She noted that at a recent public meeting regarding capital project priorities, the majority of citizen participants indicated that the Downtown was not a priority. She further noted that sewer and water operations are equally as important as a matter of health and requested that consideration be given to using the funds proposed for this initiative toward maintaining and improving sewer and water systems. Mayor C. Zehr pointed out that the City is required by Provincial legislation to implement a full cost recovery program for sewer and water infrastructure which cannot be cross-subsidized from the municipal tax base. He also stressed that there will be opportunity for public debate of the proposal prior to a final decision being made. Ms. M. Pappert attended to raise questions concerning the impact this proposal will have on a prior proposal by the Region of Waterloo to develop an inter-modal transportation station (Light Rail Transit System) on the subject site. She suggested that the Centre Block would be a more appropriate location for the Health Campus given its close proximity to the St. Jerome's High School site where Wilfrid Laurier University proposes to locate its Faculty of Social Work. Mayor C. Zehr advised that the University of Waterloo's proposal is only to be investigated at this time and such investigation will not preclude the Region's proposal to locate a Light Rail Transit System on the subject site. Members of Council thanked City staff and the University of Waterloo for bringing this proposal forward, remarking on its potential to further enhance Downtown revitalization and health resources; attract private sector development / re-development; and the resulting economic benefits that will be realized by the entire community. Council also acknowledged the display of support from representatives of the various levels of government present this date. Councillor J. Gazzola stated that while he supports proceeding with the investigation it is imperative that a true partnership be formed, with all levels of government financially participating in this proposal. Mr. J Fielding, Chief Administrative Officer, thanked Mr. F. Pizzuto for his work in facilitating Downtown revitalization proposals, commenting that Council now has several good choices to consider. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener investigate the potential for a Health Sciences Campus partnership, including a School of Pharmacy, with the University of Waterloo; and further, That the City include this initiative in the Downtown Development Business Case to be considered by Council for the 2004 Capital Budget." Carried Unanimously. Mr. Ronson Sandham, Canadian Racing Pigeon Union, attended in opposition to Clause 2 of the Finance and Corporate Services Committee report (meeting of January 19, 2004), concerning a proposed amendment to Chapter 408 (Animals) of the Municipal Code to remove the provision for Council to grant exemptions for the keeping of pigeons. Mr. Sandham pointed out that a City survey indicates that other municipalities have a similar approach as that of the City of Kitchener in allowing the keeping of pigeons under certain circumstances. He stated that racing pigeons are used in competitive sport and should not be compared with the average street pigeon. He also stated that studies have demonstrated that racing pigeons pose no more of a health risk to humans than do cats and dogs. Mr. Sandham requested that Council not remove the exemption provisions and advised that he would be willing to work with City staff to revise current regulations to the satisfaction of the City to allow pigeons to be kept. Prior to responding to Mr. Sandham, Councillor B. Vrbanovic requested that Clause 3 of the Finance and Corporate Services Committee report (meeting of January 19, 2004) be dealt with first, as it deals with an application from the owner of 141 Holborn Drive for an exemption under the current Chapter 408 of the Code for the purpose of keeping pigeons. This application was received prior to the Finance and Corporate Services Committee considering an amendment to remove the exemption provision. COUNCIL MINUTES FEBRUARY 9, 2004 - 40 - CITY OF KITCHENER Councillor B. Vrbanovic advised that staff have made repeated attempts to contact the resident who initially raised concerns with respect to the subject property and no response has been received. He suggested that it would appear the person is not opposed to the exemption application. Councillor J. Gazzola stated that he was opposed to granting the exemption as it was his opinion the keeping of pigeons was not appropriate in an urban setting and the application was filed on the basis of a resident complaint. Mr. Shayne Turner, Director of Enforcement, clarified that the pigeons were not identified as a concern in the original complaint but rather were discovered by a By-law Enforcement Officer investigating other property standards issues on the site. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 3 of the Finance and Corporate Services Committee report (meeting of January 19, 2004) be adopted." Carried. Councillor B. Vrbanovic then addressed Mr. Sandham's comments, advising that he was in agreement with the delegations request to retain the exemption provisions for the keeping of pigeons. He commented that racing pigeons pose no greater risk to humans if properly kept according to the City's regulations. Councillor Vrbanovic advised that should Clause 2 of the report not be supported, he would introduce a motion to direct staff to work with Mr. Sandham to improve upon current regulations in support of retaining the exemption provisions for the keeping of pigeons. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 2 of the Finance and Corporate Services Committee report (meeting of January 19, 2004) be adopted." Carried. Mr. Bob McColl attended with respect to Clause 1 of the Finance and Corporate Services Committee report (meeting of January 19, 2004) concerning granting of an exemption to Chapter 450 (Noise) of the Municipal Code to permit Conestoga College to remove snow from its parking lot prior to 6:00 a.m. on an as required basis. Mr. McColl advised that it has not been possible to schedule a meeting with all the affected parties prior to this date and he requested that the matter be deferred for an additional four week period to allow sufficient time for issues of concern to be addressed. In response to questions, Mr. Shayne Turner advised that a meeting with affected parties was scheduled for Friday, February 13, 2004 and that no additional complaints had been received regarding snow removal from the College site since the original complaint. He confirmed that the College is open for classes between 6:00 - 7:00 a.m., making it very difficult to conduct snow removal from the parking lot during the day and accordingly, the College is requesting an exemption to allow snow removal prior to 6:00 a.m. Mr. Turner agreed that if approved, City staff would ensure a specified starting time is included in the exemption agreement. With respect to the request for deferral, Councillor G. Lorentz requested that staff bring this matter back at an earlier date should a resolution be achieved prior to the March 8 Council meeting. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 1 of the Finance and Corporate Services Committee report (meeting of January 19, 2004) be deferred and referred to the March 8, 2004 Council meeting to provide for further discussion between all affected parties, or at an earlier date pending completion of said discussions." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. COUNCIL MINUTES FEBRUARY 9, 2004 - 41 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Councillor J. Gazzola referred to Clause 5 of the report concerning a partnership proposal with the Fine Arts Department of the University of Waterloo to establish a student-run gallery at 158 King Street West. Councillor Gazzola raised concerns with respect to the City contributing approximately $20,000. to a short-term project, noting that the gallery is intended to be housed on this site for only 6-8 months. He requested that staff investigate further to determine if there is an alternate location that would not require capital investment. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, it was agreed that Clause 5 of the Community Services Committee report of this date be deferred and referred to the March 8, 2004 Council meeting, for further consideration, or at an earlier date pending staff investigation of alternative locations to house the student-run gallery. The Community Services Committee report was then voted on clause by clause. Clause 5 - Deferred and referred to the March 8, 2004 Council meeting for further consideration, or at an earlier date pending staff investigation of alternative locations. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee (meeting of January 19, 2004) be adopted." Voted on clause by clause. Clause 1 - Dealt with under Delegations and deferred and referred to the March 8, 2004 Council meeting for further consideration, or at an earlier date pending completion of discussion between affected parties. Clause 2 - Dealt with under Delegations and Carried. Clause 3 - Dealt with under Delegations and Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee (meeting of February 2, 2004) be adopted." Councillor J. Gazzola referred to Clause 5 of the report concerning the 2004 budget for the Water and Sewer Municipal Enterprises. Councillor Gazzola raised concerns with regard to the proposed two- year phase-in period and requested that Council alternatively consider adopting a five-year phase-in plan. He commented that the five-year plan would provide a better timeframe for homeowners to adjust to the rate increases and to consider conservation methods. Ms. P. Houston clarified that in each of the three options provided a deficit will still be realized and if implemented, a deficit of approximately $20 M will be realized using the five-year phase-in plan. She pointed out that the deficit will be carried over a 10-year timeframe and raised concerns that interest payments, as well as escalating construction costs, may cause delay in infrastructure replacement should the five-year plan be implemented. COUNCIL MINUTES FEBRUARY 9, 2004 - 42 - CITY OF KITCHENER The Finance and Corporate Services Committee report (meeting of February 2, 2004) was then voted on clause by clause. Clause 5 - Carried. Balance of report - Carried. Councillor G. Lorentz congratulated Winter Maintenance Operations staff for the level of service and communication provided relative to snow removal, noting that the number of resident complaints has significantly dropped this winter season. Mayor C. Zehr commented on Regional issues, advising that an agreement has been reached between the Region and an Edmonton-based airline (Quikair Inc.) to provide air service at the Region of Waterloo Airport. In addition, he advised that a new Emergency Medical Services (EMS) station will be built at Fire Hall #3 on River Road and Ottawa Street North, the site favoured by Kitchener Council, rather than on Nottingham Avenue and Ottawa Street North as originally intended by the Region. Council agreed to a request from Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add two additional by-laws for three readings this date, the first being a zoning amending by- law relative to Council's resolution of January 26, 2004 concerning Zone Change Application ZC 03/05/L/TB (Louisa Street & St. Leger Street); and the second being a by-law pertaining to Clause 7 of the Finance and Corporate Services Committee report (meeting of February 2, 2004) concerning execution of documents. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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 Block 22, Registered Plan 58M-1 - Highbrook Street. (b) Being a by-law to exempt certain lots from Part Lot Control - Part Block 19, Registered Plan 1822 - Orchid Crescent. (c) To confirm all actions and proceedings of the Council. (d) Being a by-law to amend By-law 85-1 known as the Zoning By-law for the City of Kitchener - Louisa Street and St. Leger Street. (e) Being a by-law pertaining to the execution of documents. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "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. FEBRUARY 9, 2004 COUNCIL MINUTES - 43 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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 Block 22, Registered Plan 58M-1 - Highbrook Street. (By-law No. 2004-24) (b) Being a by-law to exempt certain lots from Part Lot Control - Part Block 19, Registered Plan 1822 - Orchid Crescent. (By-law No. 2004-25) (c) (d) To confirm all actions and proceedings of the Council. (By-law No. 2004-26) Being a by-law to amend By-law 85-1 known as the Zoning By-law for the City of Kitchener - Louisa Street and St. Leger Street. (By-law No. 2004-27) (e) Being a by-law pertaining to the execution of documents. (By-law No. 2004-28) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:25 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 9, 2004 - 44 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE 1. That on-street parking be prohibited at any time on the south side of Walter Street from Agnes Street to a point 35 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. A, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, and delegation By-law 97-061 of the Regional Municipality of Waterloo, hereby recommends to the Ontario Municipal Board, a modification to the draft approval for Plan of Subdivision Application 30T-97015, for Lyndale Estates Limited, as follows (asterisk indicates revised conditions and italics indicates revision): '1. That this approval applies to Plan of Subdivision 30T-97015 for Lyndale Estates Limited. as shown on the plan prepared by Green Scheels Pidgeon Planning Consultants Limited, dated December 22, 2003 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated January 20, 2004, which shows the following: Stage One Lots 1-164 Blocks 165-170 Block 171 Block 172 Blocks 173, 174 Block 175 Blocks 176-181 - maximum 210 units - single detached residential - street townhouses - neighbourhood park - permanent storm water management area - walkways - road widening - 0.3 metre reserves Stage Two Lots 1-45 Blocks 46, 47 - maximum 45 units - single detached residential - walkways Stage Three Lots 1-54 Blocks 55, 56 Block 57 Block 58 - maximum 54 units - single detached residential - future development - storm drainage - 0.3 m reserve Stage Four Lots 1-54 Block 55 Block 56 Blocks 57-59 Block 60 - maximum 54 units - single detached residential - separate elementary school - walkway - 0.3 m reserves - road widening Stage Five Lots 1-38 Block 39 Block 40, 41 Block 42 - maximum 38 units - single detached residential - walkway - road widenings - future development/proposed road allowance Stage Six Blocks 1-8 Block 9 Block 10 - maximum 73 units - residential - service corridor/walkway - road widening Stage Seven Blocks 1,2 Block 3 - maximum 32 units - residential - 0.3 metre reserve COUNCIL MINUTES FEBRUARY 9, 2004 - 45 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 2. CITY OF KITCHENER CONDITIONS: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: '51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated January 20, 2004, provided that plans showing lotting within any residential block shall be permitted in accordance with Section 62, and/or minor changes to said plan, acceptable to the City's Manager of Design and Development and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. *53. 54. *55. To prepare a Lot Grading Control Plan to the satisfaction of the City's Director of Engineering in consultation with the City's General Manager of Community Services, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan and with the Idlewood Creek Master Drainage Plan as a guiding document for any lands draining to Idlewood Creek, to the satisfaction of the City's Director of Engineering in consultation with the City's General Manager of Community Services, the City's Manager of Design and Development, the Region's Commissioner of Planning, Housing and Community Services and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to the registration of the plan. The detailed storm water management design is to also identify lands where at source infiltration should be considered. Said design shall also include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The erosion and siltation control plan is to have particular regard to the protection of the Idlewood Creek Valley and ESPA No. 25. The Subdivider further agrees to implement all required measures as outlined in the approved final design prior to commencement of grading. That prior to any grading or construction, and final approval of all or any part of the Draft Plan of Subdivision, a consultant Archaeologist shall carry out an Archaeological Survey and Rescue Excavation of any significant archaeological remains found on the site, at the expense of the Subdivider. That in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process to develop the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit a Detailed Vegetation Plan for the approval of the City's Manager of Design and Development; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented and inspected by the City, and the Subdivider has received a written authorization from the City's Director of Engineering to proceed with said grading; c) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of the Planning Act, corner lots where site service COUNCIL MINUTES FEBRUARY 9, 2004 - 46 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 56. 57. 58. 59. locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than as approved on the Detailed Vegetation Plan and on which the revised grading will have an adverse effect on the Detailed Vegetation Plan as determined by the City's Manager of Design and Development; d) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan and Tree Preservation/Enhancement Plan (if applicable) to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; and e) where a tree suffers minor damage due to construction, the Subdivider shall implement remedial measures such as trimming, dressing or bark doctoring at its cost and as directed by the Environmental Consultant. Where a tree suffers major irreparable damage, or is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant or the City Director of Planning, the Subdivider shall remove and replace each such tree with at least one tree of equal value based on the tree value formula as set out in "Guide for Plant Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements shall be on the same lot or block as the tree requiring removal or at a location requiring enhancement within the subdivision. Furthermore, such remedial measure or tree replacements shall be approved, and implemented to the satisfaction of the City's Manager of Design and Development prior to occupancy of the units or, due to weather conditions, by the next planting season. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit under Ontario Regulation 149, R.R.O. 1990, as amended, for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within a wetland. Such permit shall be obtained prior to on-site grading, the installation of services and prior to registration of the Subdivision Plan. Notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's Director of Engineering, and have been accepted by the City. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Engineering, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. That prior to construction or registration of any stage of the plan, the Subdivider shall make arrangements for any additional land required for the proposed pumping station to be conveyed at no cost and free of encumbrance to the City, together with the granting of any required easements, to the satisfaction of the City's Director of Engineering. That the sanitary pumping station, forcemain and related appurtenances and bike lanes, shall be completed to the satisfaction of the City's Director of Engineering. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 99-106, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the appropriate City Development Charge Account(s) to permit the City to fund these works and the Subdivider wishes to proceed, the Subdivider agrees to provide and up-front the cost of these works. Accordingly, the City agrees to recognize any monies paid by the Subdivider for any works or services normally paid out of the City's Development Charge Account, with such COUNCIL MINUTES FEBRUARY 9, 2004 - 47 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted for the Development Charge payable prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development, or alternatively, the City shall enter into an agreement with the Subdivider, under Section 40 of the Development Charges Act, to enable the transfer of Development Charge credits to other benefiting lands within the community, subject to satisfactory arrangements being made between all parties. 60. That the street names within the Plan of Subdivision shall be those as shown on the draft plan. 61. That construction traffic to and from Stages 1 to 4 in shall be restricted to using Pebblecreek Drive to Fairway Road to Lackner Boulevard and that construction traffic to and from Stages 5 to 7 inclusive shall be restricted to using Zeller Drive to Woolner Drive/Fairway Road to Lackner Boulevard. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Traffic and Parking. *62. That within Stages 6 and 7, the final plan for registration shall show all lots intended for development as single detached, semi-detached or duplex dwellings, and Supplementary Agreement, identifying all lots by reference to each affected block as shown on the attached Plan of Subdivision dated January 20, 2004, shall be registered for each stage prior to the registration of each stage of the plan of subdivision. This condition shall not apply in the event that the plan is to be registered prior to approval of servicing plans. *63. That prior to the installation of services for the development of Iotless blocks, to submit a draft reference plan for each such lot or block, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services. *64. For the division of any lots or blocks by Part Lot Control, The Subdivider agrees as follows: to submit a draft reference plan for each lot or block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing and obtain approval of the draft reference plan from the City's Manager of Design and Development, Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; ii) to pay all current outstanding taxes prior to the submission of a Part Lot Control Exemption By-law to the City's Council; FEBRUARY 9, 2004 COUNCIL MINUTES - 48 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) iii) that the draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's Manager of Design and Development; iv) to receive final approval of a Part Lot Control Exemption By-law; 65. 66. 67. 68. 69. v) that no building permits shall be issued until the above steps are completed and the lots and blocks are in compliance with the approved reference plan and the approved servicing and grading plans; vi) that any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps i), ii), iii) and iv) above. vii) that notwithstanding step v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not compromised, the Subdivider agrees that prior to the issuance of any building permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the City's Manager of Design and Development, the City's Director of Engineering and the Regional Commissioner of Transportation and Environmental Services; and b) to obtain approval of lotting plans for each lot or block illustrating lotting, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building/Chief Building Official. That prior to the issuance of any building permits within the plan, and as soon as possible following the placement of the first course of asphalt on a road, to erect temporary street name signs and emergency access signs, in the subdivision, all at the cost of the Subdivider and to the satisfaction of the City's Chief Fire Prevention Officer. To install sidewalks on both sides of all streets within the plan. Deleted. To restore with a tar and chip surface, any portion of Zeller Drive to the south of the subdivision and any portion of existing Woolner Drive east of Pebblecreek Drive, that may be disturbed as a result of the construction of services, all to the satisfaction of the City's Director of Engineering as part of the development of the plan. In the event that services are constructed on the road allowance of Fairway Road immediately east of Lackner Boulevard, prior to the Region securing the physical and financial resources to extend Fairway Road from Lackner Boulevard to Pebblecreek Drive of Plan 30T-97015, the Subdivider agrees to construct Fairway Road as a two lane road from Lackner Boulevard to a point approximately 258 metres east of Lackner Boulevard and to upgrade Woolner Drive as a two lane road from that point east to Pebblecreek Drive. Said road shall be designed and constructed by the Subdivider to the satisfaction of the City's Director of Engineering as part of the development of Stage 1 of the plan. COUNCIL MINUTES FEBRUARY 9, 2004 - 49 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 70. That in addition to the standard subdivision sign content, the required subdivision sign(s) shall include the following information: 1) Approved NEF noise contour and planning contour information. 2) A warning clause for all lands within the plan to read as follows: "Residential dwellings in this area will be fitted with a forced air-directed heating system and ducting, suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, thereby ensuring that indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 3) A warning clause for all lands within the plan to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." 71. To include the following warning clause in all Offers to Purchase and Sale Agreements, and/or rental agreements for all residential lots and blocks within this plan. "WARNING CLAUSE This dwelling unit has been fitted with a forced air-directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Installation of central air conditioning by the occupant(s) will allow windows and exterior doors to remain closed, with the intent to ensure that the indoor sound levels are within the Municipality's and the Ministry of the Environment's noise criteria. Despite these measures, prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that noise from aircraft using this flight path may cause concern to some individuals." 72. 73. That subdivision agreement section 71. shall not be released from title. That each residential dwelling unit within this plan shall be fitted with a forced air - directed heating system and ducting suitably sized and designed to permit the future installation of a central air conditioning system by the occupant(s). Further, that as a condition of the issuance of building permits for each lot and block within this plan except for Lots 16-37 inclusive of Stage 3, a qualified Professional Engineer shall provide his professional opinion confirming the building components including windows, doors, walls and ceiling/roof have been designed to achieve the indoor sound level criteria of the Ministry of the Environment and Energy ("M©EE") in its publication: "Noise Assessment Criteria and Land Use Planning", LU-131 or any successor document in place at the time of the issuance of building permit(s). For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. As part of the final "as built" inspection the qualified Professional Engineer shall carry out a construction review to confirm to the City that the 'as built' COUNCIL MINUTES FEBRUARY 9, 2004 - 50 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) construction conforms to the approved building permit plans and in particular, the building components required to achieve the indoor sound level criteria. *74. That at the time of registration of any stage of the plan to erect at each main entrance to the community, a permanent noise warning sign with the content to read as follows: "Prospective purchasers and tenants are advised that noise emanating from one of the flight paths leading into and out of the Waterloo Regional Airport, an airport which is in proximity to all lots and blocks on the east side of Lackner Boulevard, may cause concern to some individuals and may interfere with some activities of the dwelling occupants." The size and location of the sign(s) shall be approved by the City's Manager of Design and Development. *75. That the subdivision shall be registered in seven stages with; Stage 1 consisting of Stage 2 consisting of Stage 3 consisting of Stage 4 consisting of Stage 5 consisting of Stage 6 consisting of Stage 7 consisting of Lots I to 164 inclusive and Blocks 165 to 181 inclusive, Lots 1 to 45 inclusive and Blocks 46 and 47, Lots 1 to 54 inclusive and Blocks 55 to 58 inclusive, Lots 1 to 54 inclusive and Blocks 55 to 60 inclusive, Lots 1 to 38 inclusive and Blocks 39 to 42 inclusive, Blocks 1 to 10 inclusive, Blocks 1 to 3 inclusive, Further, the Subdivider agrees that the Plan of Subdivision shall be registered in accordance with the following special conditions: 1. Stage 1 shall be registered first. 2. Stage 2 shall be registered concurrently with Stage 1. 3. Stage 3 shall be registered concurrently with or subsequent to Stage 1. 4. Stage 4 shall be registered concurrently with or subsequent to Stage 1. 5. Stage 5 shall be registered concurrently with or subsequent to Stage 4. The Subdivider agrees to upgrade Zeller Drive to full municipal standards from Woolner Drive to the northerly limit of the plan, save and except sidewalk and boulevard trees on the east side of the street, and to upgrade Woolner Drive as a two lane road from Pebblecreek Drive to Zeller Drive all to the satisfaction of the Director of Engineering as part of the development of Stage 5. The upgrading of Zeller Drive should incorporate the required re-alignment at its intersection with the future extension of Fairway Road. 6. Stage 6 shall be registered concurrently with or subsequent to Stages 4 and 5 of this plan and concurrently with or subsequent to Stage 1 of Subdivision 30T- 97012. 7. Stage 7 shall be registered concurrently with or subsequent to Stages 4 and 5 of this plan and concurrently with or subsequent to Stage 4 of Subdivision 30T- 97012. 76. *77. To dedicate, by plan registration, to the City of Kitchener, at no cost and free of encumbrances, all road widenings and public walkways upon registration of each stage of the plan of subdivision. To convey to the City the following lands for the purposes stated therein, at no cost and free of encumbrances, concurrently with the registration of each stage of the subdivision plan: Stage One: (a) Block 171 for park purposes; (b) Block 172 for permanent storm water management purposes; and (c) Blocks 176-181 inclusive, for 0.3 metre reserves. COUNCIL MINUTES FEBRUARY 9, 2004 - 51 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) Stage Three: (a) Block 57 for storm drainage; (b) Block 58 for a 0.3 metre reserve. Stage Four: (a) Blocks 57-59 inclusive, for 0.3 metre reserves. Stage Six: (a) Block 9 for service corridor/walkway. Stage Seven: (a) Block 3 for a 0.3 metre reserve. 78. That 0.3 metre reserves may be required to facilitate the staging of the plan and all 0.3 metre reserves shall be shown on the final plan(s) for registration. The City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be presented to Council for opening said reserves as "public highway" following the registration of subsequent stages of the plan, the completion of the road works and the opening of roads to vehicular traffic, to the satisfaction of the City's Director of Engineering. Reserves are not required between abutting stages registered concurrently. *79. That the 5% parkland dedication as required under the Planning Act, based on the entire Plan of Subdivision being 35.58 hectares, shall be 1.779 hectares. This shall be satisfied by both the conveyance of Block 171 of Stage 1 (1.12 hectares) to the City, at no cost and free of encumbrance, concurrently with the registration of Stage 1, as well as a cash-in-lieu of parkland contribution for 50% of the remainder, equivalent to the value of 0.329 hectares of land. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of draft approval of the plan, payable to the City prior to the City's release of the last stage for registration. The other 50% of the remainder shall be satisfied by the conveyance to the City, at no cost and free of encumbrance, concurrently with the registration of Stage 1, of that portion of ESPA No. 25 which is owned by the Subdivider and is adjacent to this plan. 80. To identify concrete transit pads at all planned transit stop locations on the engineering servicing drawings to the satisfaction of the City's Director of Engineering, in consultation with the Regional Municipality of Waterloo, prior to the City's release of each stage of the Plan of Subdivision for registration. The Subdivider shall be responsible for the installation of said concrete transit pads at the time of sidewalk installation within each stage of the plan of subdivision. 81. That prior to the registration of Stage 6 or Stage 7, it is the Subdivider's responsibility to secure on behalf of the City the physical and financial resources necessary to provide eastbound and westbound left turn lanes plus combination through right lanes for Oldfield Drive and Zeller Drive where these roads intersect with Lackner Boulevard. These road improvements will be built by the Subdivider to the satisfaction of the City's Director of Engineering and operational prior to occupancy of any dwelling in Stage 6 or7. *82. To submit a micro-drainage study, lotting and servicing plans for Stage 4 for the approval of the City's Director of Engineering in consultation with the City's Manager of Design and Development, and the Region's Commissioner of Planning, Housing and Community Services, prior to any grading or construction within the limits of Stage 4 and prior to the registration of Stage 4 as identified in the Environmental Impact Assessment prepared by Ecoplans Limited and dated November, 1999. The objectives of the micro-drainage study are to maintain pre-development surface runoff volumes relative to the adjacent ESPA's and Wetlands W-6b, W-6c and W-6d as identified in the Environmental Implementation Report prepared by Ecoplans Limited and dated November, 1999, and to determine appropriate basement elevations. Terms of reference for the micro-drainage study shall be approved by the City's Director of Engineering. COUNCIL MINUTES FEBRUARY 9, 2004 - 52 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) *83. That the servicing design of Stage 4 shall be approved by the City's Director of Engineering in consultation with the City's Manager of Design and Development and the Region's Commissioner of Planning, Housing and Community Services and shall be consistent with the recommendations of the Environmental Impact Assessment prepared by Ecoplans Limited and dated November, 1999. *84. That construction vehicle storage and maintenance sites and fuel storage areas be shown on the detailed vegetation plan to the satisfaction of the City's Manager of Design and Development, and that during construction, monitoring by the Subdivider shall include regular inspections of the areas upgradient of the Idlewood Creek Valley for fuel storage and oiling/greasing of machinery to ensure the protection of downgradient water quality. *85. That, prior to registration of Stage 4 and commencement of grading, the Subdivider shall prepare a planting and site rehabilitation plan for the buffer areas relative to Wetlands W-6b and W-6d and other ESPA buffer areas, as identified in the Environmental Impact Assessment prepared by Ecoplans Limited and dated November 1999, to the satisfaction of the City's General Manager of Community Services in consultation with the City's Manager of Design and Development and Region's Commissioner of Planning, Housing and Community Services. The Subdivider further agrees to implement the approved plan prior to occupancy of any dwelling units within Stage 4. 86. To install to the satisfaction of the City's General Manager of Community Services paige wire fencing or an alternative marking system as a boundary identification system along the lot lines which abut ESPA 25 and Idlewood Creek, prior to occupancy of adjacent dwellings. The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots/blocks affected by this Section. This fencing may substitute for any fencing required by section 55. *87. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 171 of Stage 1 to the satisfaction of the City's General Manager of Community Services. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the City's General Manager of Community Services. *88. That no building permits will be issued for Lots 19 to 22 inclusive of Stage 4, Lot 1 of Stage 5, Lots 1 to 4 inclusive of Stage 2, Lot 98 of Stage 1, Blocks 166 and 167 of Stage 1, Lots 152 to 164 inclusive of Stage 1, Block 2 of Stage 6, until berms and shielding have been constructed in accordance with the Woolner Pit Noise Impact Analysis prepared by Aercoustics Engineering Limited and dated January 3, 2000. Further, that as a condition of the issuance of building permits for the affected blocks, a qualified Professional Engineer shall provide his professional opinion confirming that the required berms and shielding have been constructed in accordance with the specified requirements. For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. *89. That no building permits will be issued for Lots 2 to 38 inclusive of Stage 5, Lots 5 to 45 inclusive of Stage 2, Block 165 of Stage 1, Blocks 1,7 and 8 of Stage 6, until berms and shielding have been constructed in accordance with the Woolner Pit Noise Impact Analysis prepared by Aercoustics Engineering Limited and dated January 3, 2000 and there is a minimum distance separation of 220 metres between the final limit(s) of active extraction and residential lot lines. Further, that as a condition of the issuance of building permits for the affected blocks, a qualified Professional Engineer shall provide his professional opinion confirming that the required berms and shielding have been constructed in accordance with the specified requirements and Rockway Holdings COUNCIL MINUTES FEBRUARY 9, 2004 - 53 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) Limited or its successor has confirmed in writing to the City that the required distance separation has been achieved. For the purposes of this condition, the term "qualified Professional Engineer" means a Professional Engineer registered in the Province of Ontario who specializes in acoustics. 90. To include the following warning clause in all Offers to Purchase and Agreements of Purchase and Sale and/or rental agreements for all residential lots within Stages 1,2, 4, 5, 6 and 7: "WARNING CLAUSE Prospective purchasers and tenants are advised that there is an active licensed gravel pit (License No. 5623) in proximity to all lots and blocks in this subdivision. Noise levels from the active gravel pit operations and the haulage route located on Woolner Drive (future Fairway Road) may cause concern to some individuals." 91. That it is intended that Blocks 55 and 56 of Stage 3 are to be consolidated with and held in identical ownership as adjacent lands to the west. In the event that consolidation does not occur with the adjacent lands to the west, then Block 55 may be consolidated with Lot 7, Stage 3, Lots 10-14, Stage 1, and/or Lots 5 and 6 of Stage 3, and Block 56, Stage 3, and Block 56 may be consolidated with Lot 6 of Stage 3. 92. To construct a temporary turning circle to City standards on Lots 4 to 6 inclusive and Block 56 of Stage 3. Said turning circle shall be designed, constructed and ultimately removed to the satisfaction of the City's Director of Engineering. At such time as Landgren Court is extended onto adjacent lands to the west, the City Solicitor, upon notification by the Subdivider, shall arrange for a by-law to be presented to Council for the opening of the 0.3 metre reserve, the Subdivider shall remove the turning circle and building permits will be available for Lots 4 to 6 inclusive and Block 56 of Stage 3. 93. Deleted. *94. That Block 42, Stage 5 be conveyed to the City for potential road allowance purposes. Following completion of the Class Environmental Assessment and Functional Design Study for the extension of Fairway Road (Regional Road 53) from Zeller Drive to the Grand River, and the approval of the design for the Zeller Drive / Fairway Road intersection, the City acknowledges that any residual lands contained in Block 42, Stage 5 that are not required for the approved Fairway Road alignment and its intersection with Zeller Drive will be surplus to the City's needs and the City agrees to reconvey, without cost, to the Subdivider any residual lands which are to be consolidated by the Subdivider with Block 172 of Stage 1. 95. That Block 55 of Stage 4 be reserved for the Waterloo Catholic District School Board. The Subdivider agrees to obtain a letter from the said School Board indicating that a satisfactory agreement has been entered into with respect to the acquisition of Block 55 of Stage 4 for school purposes, to be submitted to the City's Director of Planning, prior to the City's release of Stage 4 of the Plan of Subdivision for registration. 96. That no sewer or water service will be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant will be installed within 3.0 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings to co-ordinate the locations of these utilities and shall be responsible for ensuring that these separations are maintained. *97. That a plan showing driveway locations for all lots shall be approved by the City's Manager of Design and Development in consultation with the City's Director of Engineering prior to the installation of services. COUNCIL MINUTES FEBRUARY 9, 2004 - 54 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 98. To construct at the Subdivider's cost a temporary access road from Colton Circle to Zeller Drive as generally outlined on the draft plan as part of the development of Stages 1 and 2. Said temporary road shall be constructed to City standards, save and except for a concrete sidewalk. The temporary access road shall be completed and open to vehicular traffic to the satisfaction of the City's Director of Engineering prior to the issuance of any building permits in Stages 1 and 2. The Subdivider further agrees to provide an easement to the City for the lands on which the proposed temporary road shall be located. The appropriate easement shall be granted to the City prior to the registration of the Plan of Subdivision. The City agrees to quit claim the easement after completion of the road works for Pebblecreek Drive in Stage 4. 99. That Landgren Court shall be constructed, at the Subdivider's cost, through Stage 3 to the westerly limit of the plan and opened to public vehicular traffic immediately upon the request of the City if required to complete transportation links within the community, to the satisfaction of the City's Director of Engineering. The Subdivider agrees to provide an easement to the City for the lands on which Landgren Court, Stage 3, shall be located. The appropriate easement shall be granted to the City at the City's request and the City agrees to quit claim the easement upon the registration of Stage 3. 100. To include water pressure reduction devices for each dwelling unit in the plan constructed below 315 MASL, and to include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that they may not be removed by the owner/tenant. '101. To include a warning clause in all Offers to Purchase and Sale Agreements, and/or rental agreements, to read as follows: "Prospective purchasers and tenants are advised that all lots and blocks in this plan of subdivision are located within or in close proximity to one of the flight paths leading into and out of the Waterloo Regional Airport and that directional lighting along this flight path may cause concern to some individuals." '102. To include a statement in all Offers of Purchase and Sale Agreements, and/or rental agreements, that advises as follows: i) that home/business mail defivery will be from a designated Centralized Mail Box. ii) That the developer/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. '103. The Subdivider agrees to: i) work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations that may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii) Determine the location of afl centralized mail receiving facilities in co-operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. iii) In accordance with Canada Post's mufit-unit policy, to require that the owner/developer provide centralized mail facility at their own expense, for buildings and complexes with a common lobby, common indoor or sheltered space. COUNCIL MINUTES FEBRUARY 9, 2004 - 55 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS: That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: '1. That the owner enter into an agreement with the Regional Municipality of Waterloo for Lots 1 to 8 inclusive and B/ocks 166-170/nc/us/ve, Stage 1 and Lots 1 to 3 inclusive, Stage 3, that the following clause be included in all offers to purchase and sale and rental agreements: "Due to its proximity to Fairway Road, projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-directed heating system suitably sized to permit the future installation of a central air conditioning system by the occupant(s)." 2. Deleted. 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 includes the following purchase and sale that may be entered Act, prior to the registration of this plan: statement in all agreements of lease or into pursuant to Section 52 of the Planning "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 fulfillment 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." a) That prior to final approval of Stages 1, 2, 3 or 4, the Region shall secure the physical and financial resources, in accordance with Regional Development Charge Policy, for an all way stop at Lackner Boulevard and Fairway Road as well as the extension of Fairway Road to Lackner to a point approximately 258 metres east of Lackner Boulevard as identified in the approved Traffic Impact Study prepared by Transtech dated February, 2000 and the improvements will be as identified in the completed Environmental Assessment for Fairway Road. b) If final approval of Stages 1, 2, 3, 4 or 6 occur after 2005, then the owner shall provide an update to the Traffic Impact Study to the satisfaction of the Regional Municipality of Waterloo. The Region shall secure the physical and financial resources for any improvements identified in the study update in accordance with the Regional Development Charge Policy. That prior to the registration of any stage, the Region shall secure the physical and financial resources, in accordance with Regional Development Charge Policy for traffic COUNCIL MINUTES FEBRUARY 9, 2004 - 56 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) control signals and lane marker revisions at Lackner Boulevard and Zeller Drive (the "intersection improvements"). The intersection improvements shall be installed and be operational, all to the satisfaction of the Region's Commissioner of Transportation and Environmental Services, prior to occupancy of any dwelling in any stage. That the owner enter into an agreement with the City of Kitchener in include water pressure reduction devices for each dwelling unit constructed below 315 MASL, and include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it may not be removed by the owner. *7. That a lot grading and drainage plan be submitted for the entire plan to the satisfaction of the Regional Municipality of Waterloo where lands drain to a Regional facility, prior to final approval. *8. That the owner obtain a Regional Road Access Permit for the Fairway Road and Pebblecreek Drive intersection. *9. That the owner prepare an addendum to the Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate traffic noise levels for this plan and if necessary, shaft enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to final approval. '10. That prior to any grading or construction and final approval of aft or any part of the draft plan of subdivision, a consultant archaeologist shaft carry out a Archaeological Survey and Rescue Excavation. Once completed, one copy of the archaeological assessment should be forwarded to the to the Ministry of Culture for approval and one copy to the Regional Planning, Housing and Community Services Department for information. '11. That prior to final approval the owner satisfy the requirements of the Grand River Transit, relating to the operation of bus service within the plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 4. OTHER AGENCY CONDITIONS: That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Storm Water Management Report and Plan in accordance with the approved Environmental Impact Assessment (Ecoplans - November 1999). b) A final Grading and Drainage Plan, and final Erosion and Sediment Control Plan in accordance with the Grand River Conservation Authority's guidelines for sediment and erosion control, and the grading limits as indicated in the Environmental Impact Assessment (Ecoplans - November 1999). c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, storm water management facilities and/or outlets located within the scheduled Fill Line or Regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Idlewood Creek. That the subdivision agreement between the owners and the City of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. COUNCIL MINUTES FEBRUARY 9, 2004 - 57 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 5. CLEARANCE CONDITIONS: 1. Deleted. *2. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 3.1 to 3.11 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. *3. That prior to the signing of the final plan, the City's Manager of Design and Development is to be advised that Conditions 4.1 and 4.2 have been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a brief statement detailing how each conditions has been satisfied. 6. NOTES: The owner/developer is advised that the provisions of the Development Charge By- laws of the City of Kitchener and the Regional Municipality of Waterloo adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. The final plans for registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. 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 agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $60.00 respectively. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-law 96-025, 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. 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 storm water 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 storm water 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 COUNCIL MINUTES FEBRUARY 9, 2004 - 58 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 2. (Cont'd) 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. 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). 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 Commissioner of Planning, Housing and Community Services Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Transportation and Environmental Services 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. 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services 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. '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 City's Manger of Design and Development will endorse 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 That the Ontario Municipal Board delegate the approval authority for minor modifications for changes in lot and/or block configurations that would have the effect of renumbering said lot and/or blocks to the City of Kitchener. That demolition control application DC 03/11//CB requesting permission to demolish one single detached dwelling located at 542 Charles Street East, legally described as Plan 262 Lot 15, be approved, subject to the following condition: That prior to the issuance of a demolition permit, the owner submits a site plan application to the City's Planning Division, and obtains approval thereof from the City's Facilitator of Urban Design & Development, for the proposed parking lot. FEBRUARY 9, 2004 COUNCIL MINUTES - 59 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) That the emergency management program attached to Development and Technical Services Department report DTS-04-011 is hereby adopted; and, That certain appointed officials or their designated alternates, as provided in the emergency management program from time to time are empowered to cause an emergency notification to be issued to members of the Community Control Group and to respond to an emergency in accordance with the emergency management program where an emergency exists but has not yet been declared to exist; and, That staff is directed to develop and implement the emergency management program in accordance with the Emergency Management Act and any future regulations thereunder, standards published by Emergency Management Ontario, and international best practices; and further, That the Fire Chief or Fire Chief's designate be authorized to amend and update the emergency management program and schedules thereto from time to time provided that such amendments have no significant monetary cost to the City. COMMUNITY SERVICES COMMITTEE - That Isabel Cisterna be appointed to the Arts and Culture Advisory Committee, as a new member acting as a multi-cultural representative, for a term to expire November 30, 2004. That Mr. Dennis Schnarr be appointed Co-Chair of the Safe and Healthy Community Advisory Committee, for a term expiring November 30, 2004. That the Mayor and Clerk be authorized to sign a co-operative agreement between the City of Kitchener and MARM© Travel Club to operate a senior travel program out of the Rockway Centre, as attached to Community Services Department report CSD-04-018 and subject to the satisfaction of the City Solicitor. That the proposal a "Woodworking & Craft Centre for Adults 50+ Years', attached to Community Services Department report CSD-04-021, be approved-in-principle and referred to the 2004 Budget process for consideration. That subject to the 2004 Budget process, the partnership proposal from the Fine Arts Department and Dean of Arts Office, University of Waterloo, regarding the establishment of a student-run gallery exhibiting student and community artwork at 158 King Street West as outlined in Community Services Department report CSD-04-015, be approved-in-principle; and, That $13,705. be allocated from the 2004 Capital Contingency for one-time renovations to 158 King St; and further, That the City enter into an operating agreement with the Fine Arts Department, University of Waterloo, subject to the satisfaction of the City Solicitor. (Deferred and referred to the March 8, 2004 Council meeting for further consideration, or at an earlier date pending staff investigation of alternative locations.) That the City of Kitchener support the local host committee in its pursuit of the 2006 International Softball Congress World Tournament to be held at Peter Hallman Ball Yard; and, That the City provide a $4,000. loan as its share of the cost of developing and presenting the bid; and, That the City assume 50% of the deficit should expenses exceed revenues; and, FEBRUARY 9, 2004 COUNCIL MINUTES - 60 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) That the City will receive 10% of the profit should revenues exceed expenditures, with the balance to be split between Kitchener Fastball Promotions, Waterloo Ontario Fastball Association and the City of Waterloo as applicable; and, That the local host committee be given exclusive rights to provide food and beverage service during the event; and, That the local host committee include a minimum of one member of staff of the City of Kitchener; and, That the City make bleacher improvements to Peter Hallman Ballyard no later than the 2005 season, subject to 2004 capital budget approval. That the South Western Ontario Ball Hockey League be included as an affiliated minor sport group; and further, That South Western Ontario Ball Hockey League be added to the City's insurance pool for minor sport groups. FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of January 19, 2004) - That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga College from January 26 to April 15, 2004, to permit the college to remove snow from their parking lots prior to 6 A.M. on an as required basis. (Dealt with under Delegations and deferred and referred to the March 8, 2004 Council meeting for further consideration, or at an earlier date pending completion of discussion between affected parties.) That a by-law be enacted to amend Chapter 408 (Animals) of the City of Kitchener Municipal Code to remove the provisions in the Chapter that authorize Council to grant exemptions for the purposes of keeping pigeons in the City, and to provide for the grandfathering of previously approved exemption applications, as outlined in Corporate Services Department Report CRPS-03-198. (Dealt with under Delegations and Carried.) That the application of the owner of 141 Holborn Drive for an exemption from City of Kitchener Municipal Code Chapter 408 (Animals) to allow 6 pigeons to be kept at the subject property, be granted, as outlined in Corporate Services Department report CRPS-03-206. (Dealt with under Delegations and Carried.) FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of February 2, 2004) - 1. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 22 to May 2, 2004, subject to the following: Hours of operation; and, COUNCIL MINUTES FEBRUARY 9, 2004 - 61 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of February 2, 2004) - (Cont'd) 1. (Cont'd) Date Start Close Thursday, April 22 3:30 pm 10:00 pm Friday, April 23 3:30 pm 11:00 pm Saturday, April 24 10:00 am 11:00 pm Sunday, April 25 Noon 10:00 pm Monday, April 26 to 3:30 pm 10:00 pm Thurs. April 29 Friday, April 30 3:30 pm 11:00 pm Saturday, May 1 10:00 am 11:00 pm Sunday, May 2 Noon 9:00 pm That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non- school day; and, That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. That subject to final budget approval, a one-time contribution of $10,000 be approved for the Waterloo Wellington Training and Adjustment Board, for the Community Economic Development Project known as "Hire Profitability", with the funds to be paid from the 2004 Operating Budget. That consideration of the request of the Business Enterprise Centre for an additional $50,000 in funding in 2004, be deferred and referred to the Finance and Corporate Services Committee meeting of February 16, 2004; and further, That the Chair of the Business Enterprise Centre be requested to make a presentation to the Committee that date. That consideration of hiring an external auditor to review the financial impact of the Capital Funding Options, as outlined in Financial Services Department report FIN-04-007, take place prior to the March 22, 2004 Finance and Corporate Services Committee meeting, at which time consideration will be given to Capital Investment Funding Options. That the 2004 Budgets for the Water and Sewer Municipal Enterprises as detailed in Financial Service Department report FIN-04-008, Option 1, be approved as follows: Surplus (Deficit) Water ($1,184,000) Sewer ($3,289,000); and, That the 2004-2014 Capital forecast for Waterworks and Sewer Operations as detailed in Financial Services Department report FIN-04-008 be approved; and further, That effective March 1, 2004, the water rate be set at $.9586 per cubic metre and the sewer rate be set at $.8153 per cubic metre. That the tax funded portion of the Infrastructure Program for 2004-2013 totalling $35,289,000, and the related projects as detailed in Schedule A of Financial Services Department report FIN-04-006, be approved for inclusion in the 2004-2013 Capital Forecast. FEBRUARY 9, 2004 COUNCIL MINUTES - 62 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of February 2, 2004) - (Cont'd) That a by-law pertaining to the Execution of Documents be considered at the February 9, 2004, Council meeting, based on the proposed by-law dated January 28, 2004 attached to Corporate Services Department report CRPS 04-020. FEBRUARY 9, 2004 COUNCIL MINUTES - 63 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Ashley Poch, employed at #4-808 Courtland Ave. E., Kitchener, (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence; and further, That Shannon Makey, employed at 1412 Victoria St. N., Kitchener, (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Enqineerinq Aqreements - Stantec Consultinq Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Lyndale Estates South Subdivision, Plan 30T-97014." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Lyndale Estates Subdivision, Plan 30T-97015." 3. Final Release - 754779 Ontario Ltd. It was resolved: "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation in the matter of 754779 Ontario Ltd. v. The Corporation of the City of Kitchener and Drewlo Holding Inc., subject to the satisfaction of the City Solicitor." 4. Tenders Dealt with under Delegations. 5. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-04-010 (P. Houston), dated February 4, 2004. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."