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HomeMy WebLinkAboutCouncil Minutes - 2004-06-29J U N E 29, 2004 COUNCIL MINUTES 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 Kaitlyn McQuaid, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held June 14, 2004 and special meetings held June 14 & 21,2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code Councillor J. Smola declared a pecuniary interest at the in-camera meeting of City Council held June 29, 2004, in respect of a litigation or potential litigation matter. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mayor C. Zehr advised that since the resignation of Mr. Jeff Fielding as the Chief Administrative Officer for the City, Council has undertaken a search for a new C.A.a. resulting in several excellent candidates being considered for the position. Mayor Zehr further advised that at a staff appreciation event held earlier this date it was announced that Ms. Carla Ladd has been chosen as the new C.A.a. for the City of Kitchener, effective June 30, 2004. Mayor Zehr on behalf of Council and City staff extended congratulations and best wishes to Ms. Ladd. 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 J. Smola "That Tender T04-015, Sale of Municipal Properties - 61, 62 and 64 Ralgreen Crescent, be awarded as follows: 61 Ralgreen Crescent to Irfan Gillani, Waterloo at the tendered price of $125,000., subject to the execution of an agreement of purchase and sale satisfactory to the City Solicitor; and further, That the Mayor and City Clerk be authorized to execute any legal documentation necessary to transact 61 Ralgreen Crescent; · 62 and 64 Ralgreen Crescent be listed for sale with the City's Real Estate Agent." - and - "That Tender T04-035, Supply of Hot Mix Asphalt, be awarded to TCG Asphalt & Construction Inc., Kitchener, Warren Bitulithic Limited, Kitchener and Innovative Municipal Products Inc., Ajax, Ontario at their tendered unit prices, plus G.S.T. and P.S.T." - and - "That Tender T04-037, 69 KW (92 HP) All Wheel Drive, Rubber Tired Industrial Tractor with Front End Loader and an Extendable Backhoe, be awarded to Ontrac Equipment Services Inc., Cambridge, Ontario at their tendered price of $106,288., plus optional Front Mounted Snow Plow at $10,029., and P.S.T. & G.S.T." - and - "That Tender T04-043, Ready Mix Concrete, be awarded to Tri City Readymix Ltd., Kitchener, at their tendered prices, plus G.S.T. & P.S.T." - and - "That Proposal P04-016, Electrical Services, be awarded to Harold Stecho Electric Ltd., Waterloo, and Miller's Electric Limited, Kitchener, at their proposed rates for a one-year period, with an option to renew for up to two (2) additional twelve (12) month term with the estimated annual value of this requirement is $172,000., plus G.S.T." Carried. COUNCIL MINUTES J U N E 29, 2004 - 234 - CITY OF KITCHENER Council was advised of a report from the City Solicitor regarding the sale of 62 & 64 Ralgreen Crescent. Council considered Corporate Services Department report CRPS-04-134, dated June 29, 2004 regarding offers to purchase 62 & 64 Ralgreen Crescent. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to approve Offers to purchase with respect 62 & 64 Ralgreen Crescent provided that the sale price contained within the Offers are within the range for acceptable sale price prescribed by Council in-camera on June 29, 2004 and subject to the conditions within the Offers being to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute any documentation necessary to complete the respective transactions." Carried. Councillor G. Lorentz advised of members of the public in attendance with respect to Clause 9 of the Community Services Committee report and he requested that the clause be brought forward and dealt with. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That in recognition of past contributions made by industrialist George Lippert Sr. to the Kitchener community, the park area known as Huron Park be renamed to the George Lippert Park. Carried. Mr. F. Pizzuto, General Manager of Community Services, addressed Council advising that on June 14, 2004, staff introduced Community Services Department report CSD-04-111, regarding a commitment of funding and lands for the University of Waterloo campus in the Downtown. At that meeting the report was tabled and Council referred the matter for full consideration to the meeting this date. Mr. Pizzuto further advised that an addendum information report CSD-04-137 dated June 25, 2004 has been circulated to members of Council. Mr. Pizzuto gave a recap of the reports outlining the benefits to the City with respect to the establishment of the University of Waterloo campus on the Epton lands. Mr. David Johnston, President, University of Waterloo, attended advising that discussion on the staff report and the proposed establishment of a School of Pharmacy on the Epton lands had been fully discussed at the June 14 Council meeting and he wished only to advise that a meeting with the Minister of Training, Colleges and Universities has been arranged for July 7. Mr. Johnston pointed out that the City's investment of land and $30 M towards capital will produce approximately $30 M annually from research grants, government operating grants, spin-off companies and the economic infusion into the City. He concluded his presentation stating he believes that the University of Waterloo being located in the Downtown will provide a boost to the City of Kitchener and he requested Council's support on this matter. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the City of Kitchener endorse the "Downtown Kitchener Campus of University of Waterloo - Phase I Health Sciences and School of Pharmacy" business case; and, That the City approve a maximum $30 million contribution to the Downtown Kitchener Campus to be used for capital construction of a School of Pharmacy building and site works; and, That the City facilitate the transfer of the Epton site (8.27 acres of land) from private ownership to the University of Waterloo; and further, That this capital contribution be based on a memorandum of understanding to the satisfaction of the City Solicitor and approved by Council no later than September 30, 2004." J U N E 29, 2004 COUNCIL MINUTES - 235 - CITY OF KITCHENER Councillor J. Gazzola raised a concern regarding Council dealing with this matter at this time when there are so many unanswered questions. Councillor Gazzola suggested that it was premature to decide on this proposal at this time and that more details were required including what support could be expected from the Region and senior levels of government. Mayor C. Zehr advised that after the June 14 meeting, it was decided that any questions regarding the proposal were to be provided to staff in order to be answered prior to this meeting. Mayor Zehr also advised that the recommendation before Council is to approve the proposal including the transfer of the Epton site and the $30 M Capital commitment, subject to a satisfactory Memorandum of Understanding being reached between the City and the University of Waterloo. Councillor G. Lorentz pointed out that although not all the information regarding the proposal is available at this time, this is a starting point for an innovative partnership for the City that will have a positive impact. Councillor C. Weylie pointed out that in the Waterloo region, there are approximately 50,000 citizens that have no regular family doctor and she believes that the proposal being made may assist in attracting more health care professionals. Councillor M. Galloway spoke in support of the proposal advising that this is a great opportunity for the City to enter into a key partnership with the University of Waterloo. Councillor J. Smola advised that based on the information provided, the proposal will create jobs in the Downtown providing a return on the investment made for the rejuvenation of the Downtown. Councillor B. Vrbanovic spoke in support of the proposal advising that it is a significant step in the revitalization of the Downtown and that there is still a considerable amount of work to be completed. Mayor C. Zehr advised that in many situations the City of Kitchener must show its leadership and in this particular case it is again leading an innovative process in developing a partnership that will benefit both the University and the City. A recorded vote was requested. In Favour: Mayor C. Zehr and Councillor J. Smola, B. Vrbanovic, M. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Mr. Trevor Unruh, Chair of the Local Chapter of Habitat for Humanity, stated that the Development and Technical Services Committee had requested that the Habitat for Humanity organization meet with staff and the area residents of Tagge Crescent in order to find a compromise with respect to the application to modify the draft approval of Plan of Subdivision 30T-92010. Mr. Unruh advised that no compromise was possible as there were unresolved issues dealing with the proposal and some general issues with respect to development in the area. Mr. Unruh provided Council with a letter dated June 29, 2004, outlining the organization's position with an attached revised Plan of Subdivision and he requested Council's support of this revised plan. Mr. Douglas Stewart, Planning & Engineering Initiatives, attended representing the applicant advising that the revised Plan of subdivision represents a compromise in this matter by proposing 20 building units, 10 being single family dwellings and 10 semi-detached dwellings. Mr. Stewart further advised that both the original and revised plans of subdivision conform to the City's Zoning By-law. In answer to several questions from Council, Mr. Unruh advised that they are looking for a decision at this meeting in order to meet construction timelines and, although it would be an option to sell the property and build elsewhere, the organization believes it is important to develop the subject lands as part of the organization's mandate within the region. Mr. Unruh added that should Council consider giving a grant-in-lieu of the development charges, then the organization could consider reducing the 20 lots to 18. He further added that if Council did not approve the amendment to the Plan of Subdivision, the only options available would be to appeal the decision to the Ontario Municipal Board or sell the land. L. Masseo advised that it would appear that the revised Plan of Subdivision complies with the Zoning By-law, therefore staff could support the plan. Councillor J. Smola asked that it be noted in the record that Habitat does not own Lots 9 and 10 as shown on the revised plan. Mr. Craig Dubecki, 252 Tagge Crescent, attended advising that most of the residents are not opposed to the development of 14 lots for the Habitat for Humanity Homes as long as they are single family dwellings and compatible with the surrounding neighbourhood. He added that they may even COUNCIL MINUTES J U N E 29, 2004 - 236 - CITY OF KITCHENER consider the addition of two more lots as a compromise. Mr. Dubecki suggested that perhaps one lot could be developed as a park as there are many children living in the area. Mr. Andrew Dierickse, 243 Tagge Crescent, attended advising of concerns with respect to the traffic issue and in particular the traffic caused by the bridge on Bridgeport. Mr. Dierickse also raised a concern regarding safety should a park be proposed when they are no sidewalks on Tagge Crescent. In answer to several questions raised by Council, L. Masseo advised that the current draft Plan of Subdivision would allow the registration of the plan with semi-detached homes on those lots that could accommodate them. He further advised that the bridge and traffic plans for the Bridgeport area have been deferred at the Region until August to allow staff to look at traffic capacity within the Bridgeport area. There has been no indication when the long-term improvements will be made to the bridge and Highway 7. Councillor J. Smola advised that he attended the meeting with the residents where they indicated they have concerns regarding safety in the area with respect to traffic, that the development of the lots should fit the neighbourhood and any vacant lots must be maintained. Councillor B. Vrbanovic suggested that perhaps the subdivision could be re-configured with smaller lots allowing for 18 single family dwellings and that the lot indicated as Lot 3 on the revised plan be used as a parkette. He further suggested that Council could consider providing a grant-in-lieu of the development charges in order to facilitate a development that is acceptable to the residents and yet allows the Habitat for Humanity organization to meet its social mandate. Mayor C. Zehr advised that he could support the suggestion put forward by Councillor Vrbanovic but the grant-in-lieu of the development charges would amount to $70,000 to $100,000 which may be difficult to rationalize. A motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, to defer this matter to the August 16 Development and Technical Services Committee meeting was voted on and was lost. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the application to modify the draft approval to Plan of Subdivision 30T-92010, located on Tagge Crescent in the City of Kitchener, submitted by Habitat for Humanity Waterloo Region / Edwin Brissette, be refused." A recorded vote was requested. In Favour: Councillors C. Weylie, M. Galloway, G. Lorentz and J. Smola. Contra: Mayor C. Zehr, Councillors J. Gazzola and B. Vrbanovic. Motion Carried. Mr. Zyg Janecki, Planning & Engineering Initiatives, attended wishing to discuss the conveyance of Joseph Schoerg Crescent by JHS Properties Limited to permit development of the Vista Ridge subdivision. Mayor C. Zehr disclosed a pecuniary interest in regard to the Vista Ridge subdivision discussions as he has an interest in property within the subdivision and he did not participate in any discussion or vote on the matter. Councillor J. Smola assumed the Chair. Council was in receipt of a letter from Mr. Z. Janecki dated June 24, 2004, which Mr. Janecki reviewed. He advised that his client 346874 Ontario Limited - Vista Ridge, are having difficulty fulfilling their conditions of draft Plan of Subdivision on Lookout Lane due to an impasse attributed to JHS Properties Inc. and their unwillingness to convey lands to the City. Mr. Janecki explained that a condition of JHS's subdivision agreement states that in the event Stage 9 of their plan is not registered prior to his client's intended development, JHS is to grant an easement to the City to allow the construction of Joseph Schoerg Crescent which would in turn allow for the development of Vista Ridge to the south. Mr. Janecki advised that although Vista Ridge is in a position to proceed with development of their plan and requests have been made for the conveyance of the roadway, JHS refuses to meet this condition of their Plan of Subdivision. He requested that Council enforce compliance of the JHS subdivision agreement to allow Vista Ridge to proceed and direct staff to refuse issuance of any further building permits until JHS has fully compiled. J U N E 29, 2004 COUNCIL MINUTES - 237 - CITY OF KITCHENER In answer to questions raised by Council, Mr. Janecki advised that he believes most of the issues between the two companies have been addressed but there are still some questions regarding cost sharing and storm water management plans but these could be dealt with in isolation of the conveyance of the roadway. Mr. Paul Puopolo, Planning & Engineering Initiatives, attended advising that Vista Ridge is ready to start tendering for works to begin the subdivision but are being held up due to JHS Properties unwillingness to act as required by the subdivision agreement. He advised of an issue regarding an easement to JHS which can be dealt with but that the condition regarding the conveyance of the road is clear and that the road should be granted to the City in order to allow Vista Ridge to proceed. Mr. Puopolo added that there have been ongoing meetings and correspondence and there is no need for another agreement to be entered into on this matter and requested that the City enforce the legal agreements with JHS. Councillor J. Gazzola asked if the delay in the conveyance of the road has any impact other than delaying the Vista Ridge subdivision. Mr. Puopolo advised that Mr. and Mrs. Airens have purchased the Betzner Farmhouse but have been delayed since December 2003 by the lack of road access which is a result of the refusal by JHS to convey the road. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Ltd, attended representing JHS Properties Inc. advising that the matter brought before Council by the representatives of Vista Ridge is a private one between two property owners and as such the City should not be involved. Mr. Britton explained that the issues between the two developers are not simple and are related and should not be dealt with in isolation of the other issues. He added that there are obligations which have not been met by Vista Ridge with respect to easements and cost sharing but that these must be worked out by the two parties and that it is not appropriate for Council to intervene. In response to questions with respect to Mr. & Mrs. Airens and their property, Mr. Britton advised that it was his understanding a severance application has been made to the Committee of Adjustment and that this matter could be dealt with separately from the issue between the two developers. F. McCrea, Assistant City Solicitor, advised that it is not appropriate for the City to prepare any agreements between the two parties and that either party could undertake that task based on the minutes of the meetings that have taken place. Mr. G. Stewart, General Manager, Development & Technical Services, added that staff have been trying to mediate between the parties to conclude the matter, but that the City should not take a role in developing any agreements. F. McCrea added that some of the conditions contained in the subdivision agreements for both parties are dependant on other conditions and if there is a need for clarification of any of the conditions of the agreements the parties could return to the Ontario Municipal Board. L. MacDonald, City Solicitor, suggested that Council meet into in-camera to receive legal advice subject to solicitor-client privilege. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Council meet in-camera to receive legal advice subject to solicitor-client privilege." Carried. The meeting then recessed at 10:05 p.m. to allow for in-camera discussion and re-convened at 10:23 p.m. Councillor J. Gazzola asked if the City should become involved in this matter. L. MacDonald advised that the City was involved when the matter was before the Ontario Municipal Board which has jurisdiction over this matter. She suggested it is not appropriate for the City to be involved at this time as there is no immediate public interest, adding that in the case of Mr. & Mrs. Airens, they have submitted an application to the Committee of Adjustment which should deal with their situation. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "That no action be taken at this time on the request by 346874 Ontario Ltd. - Vista Ridge to enforce the subdivision agreement for Plan of Subdivision 30T-94009 - JHS Properties and that the parties be encouraged to resolve their private dispute as quickly as possible." Carried. J U N E 29, 2004 COUNCIL MINUTES - 238 - CITY OF KITCHENER Mayor C. Zehr resumed the Chair. Councillor J. Gazzola advised that Mr. Shawn Seed of 64 Harcourt Crescent was in attendance to request a temporary exemption to the Zoning By-law. Councillor Gazzola explained that Mr. Seeds's residence was destroyed by fire and that he is requesting permission to locate a temporary trailer on the property while his house is being rebuilt. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That an exemption to Zoning By-law 85-1 be granted to Mr. Shawn Seed for his property located as 64 Harcourt Crescent to allow a trailer to be used as a residence until September 30, 2004 during the reconstruction of his house." Carried. Councillor C. Weylie brought forward Clause 9 of the June 21, 2004, Development and Technical Services Committee report as there were interested parties in attendance. Council was advised of an addendum report DTS-04-090, dated June 29, 2004, which was circulated to members of Council recommending an additional clause in the conditions in the Plan of Subdivision. Councillor C. Weylie put forward a motion to amend the conditions to allow the construction of Templewood Drive at Stage 2 of the development rather than Stage 1, which failed due to lack of a seconder. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 9 of the Development and Technical Services Committee report be adopted as amended by including the following new Condition 16 in Section 2.2 of the Conditions of the Plan of Subdivision 30T-03202: 16. In the event that the cost of construction of sidewalks along backlotted arterial roads is not included as a growth related item within the City's Development Charge By-law prior to such works being constructed, the Subdivider agrees to make satisfactory financial arrangements with the City's Director of Engineering, for the construction of a 1.5 metre wide concrete sidewalk along the south side of Huron Road (new) across the entire frontage of the proposed subdivision." Carried. Council was in receipt of Community Services Department report CSD-04-136, dated June 25, 2004, regarding a request for parking access to the Market Square from King Street East. F. Pizzuto, General Manager, Community Services Department, advised that the Cora Group has requested access from King Street into their parking garage at Market Square. This would allow for the construction of additional parking spaces in anticipation of the move by The Record into the building. F. Pizzuto advised that access would be "right-turn entrance only" no left-turns off of King Street. It is being proposed that modifications be made so only right-turns can enter the ramp and the installation of bollards as a physical centre median on King Street to prevent left-turns. In answer to questions from Council Mr. Pizzuto advised that with the entrance off King Street the vehicles would exit the building onto Duke Street. He added that Transportation staff do not support the proposal. Mr. Adrian Conrad, Vice President, Cora Group, attended advising that the details as to when the entrance way would be installed and the hours of operation have yet to be determined. Mr. Conrad further advised that his company has taken the design of the entrance way into consideration but assured Council it would be an improvement to the streetscape. Councillor M. Galloway raised a concern with the use of bollards in this proposal and the additional costs to taxpayers to maintain them and remove for special events. COUNCIL MINUTES J U N E 29, 2004 - 239 - CITY OF KITCHENER Moved by Councillor J. Lorentz Seconded by Councillor J. Smola "That the request from the Cora Group for an access to Market Square from King Street East be approved, subject to an agreement satisfactory to the City Solicitor including full cost recovery by the City with respect to the separate access and that the proposal does not include the use of bollards as a means of traffic control." Carried. Councillor M. Galloway requested that it be noted he is opposed to the entrance into Market Square from King Street. Mayor C. Zehr advised there were members of the public in attendance regarding Clause 9 of the Finance and Corporate Services Committee report dealing with the 2004 Development Charges By- law. Council was in receipt this date of Financial Services Department report FIN-04-34 dated June 23, 2004, recommending the residential and non-residential development charge rates. Councillor J. Gazzola advised that at the Finance and Corporate Services Committee meeting many issues were raised by staff which would have financial implications and asked if the associated costs have been calculated. Ms. P. Houston, General Manager, Financial Services, advised that it was difficult to quantify the costs for all the issues raised and therefore the costs have not been provided. In answer to a question from Councillor Gazzola, Ms. Houston advised that it has been recommended to defer the rate increases to January 1, 2005 in order to address concerns raised by the development industry regarding their marketing strategies and the outstanding sales that would be affected should the rates be implemented immediately. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the residential Development Charge rates as detailed in Schedule 1 attached to report FIN-04-34 dated June 23, 2004 be improved and implemented effective January 1, 2005, and further, That the non-residential Development Charge as detailed in Schedule 2 attached to report FIN-04-34 be approved and implemented effective January 1, 2005." Carried. Councillor J. Gazzola requested that it be noted he was opposed to the proposed development charge rates. Council was in receipt of Development and Technical Services Department report DTS-04-107, dated June 24, 2004, regarding Clause 7 of the Development and Technical Services Committee report and recommending amendments to the proposed Brigadoon Community Plan. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That Clause 7 of the Development and Technical Services Committee be amended by adding the following: That Policy 1.4 in the proposed Brigadoon Community Plan attached to DTS-04-078 be deleted and replaced with the following: 1.4. That as a condition of approval of applications for consent, site plan approval, or draft plan of subdivision, any alteration of a watercourse and/or any construction within a floodplain or wetland will require a Fill, Construction and Alteration of Waterways Permit from the Grand River Conservation Authority prior to any grading or construction, and prior to registration of plans of subdivision. That Map 2 Natural Features, in the proposed Brigadoon Community Plan attached to DTS-04-078 be deleted and replaced with that attached, dated June 24, 2004. COUNCIL MINUTES J U N E 29, 2004 - 240 - CITY OF KITCHENER That Map 3, Trails, in the proposed Brigadoon Community Plan attached to DTS-04-078 be deleted and replaced with that attached, dated June 24, 2002; and further, That Clause 7 of the Development and Technical Services report be adopted as amended." Carried. Council was in receipt this date of Development and Technical Services Department report DTS-04- 106, dated June 23, 2004 relating to previous reports with respect to a Zone Change Application ZC 04/07/F/CB for the properties at 537 & 547 Frederick Street and 120 Ann Street. Council was advised that the report is for information only advising of two clerical errors made with respect to the implementing zone change by-law with a revised by-law, dated June 29, 2004, attached to the report. Council was further advised that the condition relating to the zone change with respect to the Record of Site Condition has been met therefore the by-law can now be considered by Council for three readings this date. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the implementing by-law for Zone Change 04/07/F/CB in the form of the proposed by-law dated June 29, 2004, attached to Development and Technical Services Department report DTS-04-106, dated June 23, 2004 be introduced for Council's consideration this date." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee (meeting of June 7, 2004) be adopted." Dealt with under Delegations and Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee (meeting of June 21, 2004) be adopted." Voted on Clause by Clause. Clause 6 - Dealt with under Delegations and Carried. Clause 7 - Carried, as amended. Clause 9 - Dealt with under Delegations and Carried, As Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the Community Services Committee report be adopted." Voted on Clause by Clause. Clause 9 - Dealt with under Delegations and Carried. Balance of report - Carried. COUNCIL MINUTES J U N E 29, 2004 - 241 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Council was in receipt this date of Corporate Services Department report CRPS-04-135, dated June 27, 2004, concerning Clause 7 of the Finance and Corporate Services Committee report, dealing with an encroachment agreement for 115 South Drive. It was agreed to replace Clause 7 of the Committee report with the recommendation contained in report CRPS-04-135. The Finance and Corporate Services Committee report was then Voted on Clause by Clause. Clause 7 - Carried, as Amended Clause 9 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Council was in receipt this date of Corporate Services Department report CRPS-04-133, dated June 28, 2004, regarding Council resolution of February 9, 2004 with respect to keeping of pigeons. G. Sosnoski, General Manager of Corporate Services and City Clerk, explained that Council on February 9, 2004 adopted a resolution to amend Chapter 408 (Animals) to remove the provision for granting exemptions for the purposes of keeping pigeons. The report is recommending that the By-law be consider for three readings this date, but the amendment would delay the effective date until August 31, 2004 to allow those persons who currently keep pigeons but had not previously approached Council for an exemption the opportunity to submit an application for exemption. Councillor B. Vrbanovic raised his concern with Council removing the exemption provision in its entirety, stating he would not support the recommendation. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That pursuant to Council's resolution of February 9, 2004, wherein direction was given to amend Chapter 408 (Animals) of the City of Kitchener Municipal Code to remove the provisions in the Chapter that authorizes Council to grant exemptions for the purpose of keeping pigeons in the City, the by-law amending Chapter 408 shall take effect on August 31, 2004." Carried. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services and City Clerk, to add 12 by-laws relating to Clauses 6, 7, 8, 9 and 10 of the Development and Technical Services Committee report (specifically, 2 Municipal Plan Amendments, 6 Zone Change Amendments, 2 Downtown Community Plan Project Area Amendments); Clause 9 of the Finance and Corporate Services Committee report being a Development Charges By-law; a By-law to amend Chapter 101 with respect to the new Chief Administrative Officer; and, a Zone Change By-law with respect to 537 & 547 Frederick Street and 120 Ann Street. Council subsequently gave first and second reading to one additional by-law [shown as Item "(t)" below] relative to Item B.9 of the Committee of the Whole to establish retention periods and disposition methods for municipal records. It is noted that Council voted separately on the By-law listed on the agenda as Item "(i)" relating to amending Chapter 408 (Animals) with respect to keeping of pigeons and Councillor B. Vrbanovic requested that it be noted he was opposed to adoption of the by-law. Moved by Councillor G. Lorentz 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 amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. COUNCIL MINUTES J U N E 29, 2004 - 242 - CITY OF KITCHENER (b) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 1, Plan 58M-303 - Bryan Court. (c) Being a by-law to amend By-law 2002-152 to exempt from Part Lot Control - Part of Blocks 9, 10 and 11, Registered Plan 58M-238 - Peach Blossom Crescent. (d) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (e) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (f) 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. (g) Being a by-law to exempt certain lots from Part Lot Control - Block 93, Registered Plan 58M-226 - Doon Mills Drive. (h) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 46 & 47, Registered Plan 58M-275 - 7 & 11 Lynn Court. (i) Being a by-law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals - Regulations. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to adopt Amendment No. 56 to the Municipal Plan - Strasburg Road at Templewood Drive - Hallman Construction Limited. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Construction Limited - Strasburg Road at Templewood Drive. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Construction Limited - Strasburg Road at Huron Road. (n) Being a by-law to adopt Amendment No. 57 to the Municipal Plan - Brigadoon Woodlands and Roads. (o) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Brigadoon Open Space lands. (p) Being a by-law to expand the Community Improvement Project Area for the Downtown. (q) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Edmund Farrage - Westmount Road East. (s) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Huron Woods Development Corporation - Huron Road. (t) Being a by-law to establish retention periods and disposition methods for records of the municipality. (u) Being a by-law with respect to the imposition of development charges. (v) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. J U N E 29, 2004 COUNCIL MINUTES - 243 - CITY OF KITCHENER (w) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law - Marko Sandalj - Frederick Street and Ann Street. 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 J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola 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." Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) Carried. Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2004-136) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 1, Plan 58M-303 - Bryan Court. (By-law No. 2004-137) Being a by-law to amend By-law 2002-152 to exempt from Part Lot Control - Part of Blocks 9, 10 and 11, Registered Plan 58M-238 - Peach Blossom Crescent. (By-law No. 2004-138) 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. 2004-139) 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. 2004-140) 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. 2004-141 ) Being a by-law to exempt certain lots from Part Lot Control - Block 93, Registered Plan 58M-226 - Doon Mills Drive. (By-law No. 2004-142) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 46 & 47, Registered Plan 58M-275 - 7 & 11 Lynn Court. (By-law No. 2004-143) J U N E 29, 2004 COUNCIL MINUTES - 244 - CITY OF KITCHENER (i) (J) (k) (m) (n) (o) (P) (q) (r) (S). (t) (u) Being a by-law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals - Regulations. To confirm all actions and proceedings of the Council. (By-law No. 2004-144) (By-law No. 2004-145) Being a by-law to adopt Amendment No. 56 to the Municipal Plan - Strasburg Road at Templewood Drive - Hallman Construction Limited. (By-law No. 2004 -146) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Construction Drive. Limited - Strasburg Road at Templewood (By-law No. 2004 -147) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Construction Limited - Strasburg Road at Huron Road. Being a by-law to adopt Amendment No. 57 to the Woodlands and Roads. (By-law No. 2004 -148) Municipal Plan - Brigadoon (By-law No. 2004 -149) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Brigadoon Open Space lands. (By-law No. 2004 -150) Being a by-law to expand the Community Improvement Project Area for the Downtown. (By-law No. 2004 - 151 ) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (By-law No. 2004 -152) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Edmund Farrage - Westmount Road East. (By-law No. 2004 -153) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Huron Woods Develo3ment Corporation - Huron Road. Being a by-law to establish retention periods municipality. (By-law No. 2004 -154) and disposition methods for records of the (By-law No. 2004 -155) Being a by-law with respect to the imposition of development charges. (By-law No. 2004 -156) J U N E 29, 2004 COUNCIL MINUTES - 245 - CITY OF KITCHENER (v) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2004-157) (w) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law - Marko Sandalj - Frederick Street and Ann Street. (By-law No. 2004-158) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Councillor B. Vrbaonovic requested that it be noted he was opposed to adoption of the by-law listed as (i) relating to amending Chapter 408 (Animals) with respect to keeping of pigeons. On motion, the meeting adjourned at 11:30 p.m. MAYOR CLERK COUNCIL MINUTES J U N E 29, 2004 - 246 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 7, 2004) - That the application to modify the draft approval to Plan of Subdivision 30T-92010, located on Tagge Crescent in the City of Kitchener, submitted by Habitat for Humanity Waterloo Region / Edwin Brissette, be refused. (Dealt with under Delegations and Carried) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 21, 2004) - That a School Bus Loading Zone be installed on the east side of Peter Street from a point 56 metres south of Courtland Avenue to a point 26 metres south thereof; and further, That the Uniform Traffic Bylaw is amended accordingly. That Demolition single detached Registered Plan Control Application DC 04/03/F/BB, requesting approval for the demolition of a dwelling, located at 32 Fifth Avenue, on lands legally described as Lot 120, 254, be approved, subject to the following condition: "That the owner obtains a building permit for the proposed development. Upon the satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event the single detached dwelling is not substantially complete within 2 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." That Demolition Control Application DC 01/09/Q/DR, requesting approval for the demolition of a single detached dwelling, located at 560 Queen Street South, on lands legally described as Sub Lot 17, Pt Lot 73, be approved, subject to the following condition: "That the owner obtains a building permit for the proposed development. Upon the satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event the single detached dwelling is not substantially complete within 3 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." That Demolition Control Application DC 04/04N/AP requesting permission to demolish one single detached dwelling located at 1258 Victoria Street North, legally described as Tract German Company, Pt Lot 122, be approved, subject to the following condition: That prior to the issuance of a demolition permit, the owner submits a site plan application, and obtains approval thereof from the City's Facilitator of Urban Design & Development, for the proposed parking lot. That Demolition Control Application DC 04/05AN/AP requesting permission to demolish two single detached dwellings and two detached garages located at 149 and 151 Weber Street East, legally described as Plan 370, Pt Lot 4, be approved, subject to the following conditions: 1. That the owner obtain final Site Plan Approval; and, J U N E 29, 2004 COUNCIL MINUTES - 247 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 5. (Cont'd) 2. That the owner obtains a building 3ermit for the proposed development. Upon satisfaction of conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the 5 new Street Townhouses is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. That Zone Change Application ZC 04/04/W/KS for the purpose of changing the zoning from Service Station Zone (C-7) to Residential Six Zone (R-6) with Special Regulation Provision 418R, on lands legally described as Plan 1370 Block A in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated May 26, 2004, attached to Development and Technical Services Department report DTS-04-088, without conditions. (Dealt with under Delegations and Carried) That Municipal Plan Amendment (MP 04/02/S/JG) being an amendment to redesignate the woodlands owned by the City as Open Space rather than Low Rise Residential on the Land Use Map and to amend the Transportation Map to show a number of proposed changes to roads and road reclassifications, be approved; in the form shown in the Amendment attached to Development and Technical Services Department report DTS- 04-078; and, That the Regional Municipality of Waterloo be requested to further approve the City of Kitchener Municipal Plan Map 4 with modifications to delete the proposed Collector Road between Biehn Drive and the proposed extension of Strasburg Road, as shown on Schedule "A" of Municipal Plan Amendment (MPA 04/02/S/JG); and, That Zone Change Application ZC 04/10/S/JG, being a City Initiated zone change to rezone City lands to Open Space Zone (P-2) and Hazard Land Zone (P-3) rather than Township Agricultural (Twp. A) on lands legally described as Part of Lots 11, 12 and 13 Biehn's Tract and Part of Lots 173, 174, 175, 176, 177 and 178 of RP 640, more particularly described as Parts 4, 8, 9 and 10 of Plan 58R-13933, be approved, in the form shown in the by-law dated May 3, 2004, attached to Report DTS-04-078, without conditions; and, That the existing Brigadoon Community Plan be repealed and the Brigadoon Community Plan dated May, 2004, attached to Report DTS-04-078, be adopted; and, That the following additional clauses be added to the Brigadoon Community Plan policies recommended in Report DTS 04-078: "8.14. THAT Old Huron Road east of Battler Drive be monitored to determine the extent and timing of any required improvements. Any future road widenings shall occur on the north side of the road allowance." "8.15 THAT in accordance with approved Environmental Assessment for the Doon South-Brigadoon Transportation Study, and specifically recommendation 8, a subsequent Class Environmental Assessment shall be required to determine the precise alignment of Strasburg Road south of Street A. "; and, COUNCIL MINUTES J U N E 29, 2004 - 248 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 7. (Cont'd) That Policy 10.2b) recommended in Report DTS 04-078 be revised to correct the land use classification referenced in the Policy so that it reads: "10.2b) That lands designated Low Rise Residential bounded by (new) Huron Road, Strasburg Road, and Templewood Drive as well as lands designated Low Density Residential between Marl Meadow Drive and Old Huron Road east of the Templewood Drive extension, with the exception of all lands within Draft Plan 30T-88007, shall require the construction of Templewood Drive from its existing terminus north of Marl Meadow Drive to Huron Road; and, That Policy 1.4 in the proposed Brigadoon Community Plan attached to DTS-04-078 be deleted and replaced with the following: '1.4 THAT as a condition of approval of applications for consent, site plan approval, or draft plan of subdivision, any alteration of a watercourse and/or any construction within a floodplain or wetland will require a Fill, Construction and Alteration to Waterways Permit from the Grand River Conservation Authority prior to any grading or construction, and prior to registration of plans of subdivision.'; and, That Map 2 Natural Features, in the proposed Brigadoon Community Plan attached to DTS-04-078 be deleted and replaced with Map 2, dated June 24, 2004 attached to report DTS-04-107; and further, That Map 3 Trails, in the proposed Brigadoon Community Plan attached to DTS-04-078 be deleted and replaced with Map 3, dated June 24, 2004 attached to report DTS-04- 107. (Carried, as Amended) That Municipal Plan Amendment Application MP 03/04/T/DR being an amendment to amend Map 5, Land Use Plan, redesignating lands from Mixed Use Node to Low Rise Residential as shown on Schedule A attached to Development and Technical Services Department report DTS-04-084, be approved; and, That Zone Change Application ZC 03/31/T/DR (Hallman Construction Ltd. at Templewood Drive and Strasburg Road) requesting a change in zoning from Community Institutional Zone (I-2), Neighbourhood Shopping Centre Zone (C-2) and Residential Six Zone (R-6) to Residential Four Zone (R-4) and Neighbourhood ShoppingCentre Zone (C-2) on lands legally described as Pt of Lot 11, Biehn's Tract and Pt of BIk 1, Plan 58M-292, being comprised of Pts 16 & 43, RP 58R-14156 in the City of Kitchener, be approved, in the form shown in the "Proposed By-law 'A' ", dated May 17, 2004, attached to Report DTS-04- 084, without conditions; and, That Zone Change Application ZC 03/32/T/DR (Hallman Construction Ltd. at Huron Road and Strasburg Road) requesting a change in zoning from Residential Six Zone (R-6) to Neighbourhood Shopping Centre Zone (C-2) on lands legally described as Part of Lt 11, Biehn's Tract in the City of Kitchener, be approved, in the form shown in the "Proposed By-law 'B' ", dated May 17, 2004, attached to Report DTS-04-084, without conditions; and, That the City of Kitchener, pursuant to Section 51(18) of the Planning Act, R.S.O. 1990, and By-law No. 2002-164, as amended, of the City of Kitchener, modifies the conditions of draft approval for Plan of Subdivision 30T-88007 for Hallman Construction Limited in the City of Kitchener, to amend Stages 6 and 10, so that the conditions of draft approval read as outlined in Schedule A attached to Report DTS-04-084; and further, COUNCIL MINUTES J U N E 29, 2004 - 249 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) 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 2002-64, grant draft approval to Plan of Subdivision Application 30T-03204, in the City of Kitchener, for Hallman Construction Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-03204 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited and as shown on the Plan of Subdivision prepared by the City of Kitchener dated January 28, 2004 which shows the following: Stage One Lots 1 to 17 - single detached 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 (Hallman Construction Ltd.) regarding the lands shown outlined on the Plan of Subdivision dated January 28, 2004 and which shall contain the following special conditions: Part 4 - Prior to Issuance of Buildinq Permits 4.22 Street One shall be conveyed to the City of Kitchener and opened as a public street prior to the issuance of building permits. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Rush Meadow to Strasburg Road only 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. 6.11 The SUBDIVIDER agrees to provide an easement 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, at the CITY's request, and the CITY agrees to quit claim the easement when appropriate. 6.12 The SUBDIVIDER agrees to construct a 1.8 metre high noise attenuation barrier adjacent to all lots abutting Strasburg Road, within one (1) year of receiving a building permit for any, lot subject to the following: a) that the wall is to be located on the Strasburg Road road allowance and must not contain any holes or gaps and be constructed with a minimum surface mass density of 20 kg/m2; b) that the City of Kitchener shall assume ownership of the noise attenuation barrier; c) that the 1.8 metre high noise attenuation barrier must be installed to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services within one (1) year of receiving a building permit from the Area Municipality for the development. Notwithstanding the above, the Proponent may apply to the Regional Commissioner of Planning, Housing and Community COUNCIL MINUTES J U N E 29, 2004 - 250 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) Services for an extension to the time required to complete the construction of the noise barrier. d) That the owner agrees to include the following clause for Lots 8 to 17 (inclusive) shown on MTE Drawing No. 0970-100N (Dec. 01/03), that requires the owner to include the following clause in the offers to purchase and deeds or rental agreements: "Due to its proximity to Strasburg Road, projected noise levels on this property exceed the Noise Level Qbjectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants and the lands have been developed such that noise attenuation features are included". Lots must have a minimum dwelling setback of 52.0 metres from the centre line of Strasburg Road to meet the Noise Level Objectives approved by the Region of Waterloo without a noise warning clause. e) That a Final Environmental Noise Assessment Report be submitted for approval once final subdivision plans are completed. 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. 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, with co- ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate 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: COUNCIL MINUTES J U N E 29, 2004 - 251 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) (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 General Manager of Community Services; 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 dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. The SUBDIVIDER shall convey the portion of Street One within Plan 58M-292 to the City of Kitchener prior to registration of the Plan of Subdivision. 10. 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; J U N E 29, 2004 COUNCIL MINUTES - 252 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) 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. 11. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. 12. The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY'S Manager of Design and Development in accordance with Council Policy I -1070. 13. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements, to the satisfaction of the Manager of Design and Development, that advises: iii) that the home/business mail delivery will be from a designated Centralized Mail Box. that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mailbox locations prior to the closing of any home sales that the location of all centralize mail receiving facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 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. 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: 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. 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. 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 COUNCIL MINUTES J U N E 29, 2004 - 253 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) 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 Transportation and Environmental Services 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 afl 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 afl conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the owner enter into an Agreement with the City of Kitchener to construct a 1.8 metre high noise attenuation barrier adjacent to all lots abutting Strasburg Road subject to the following: a) that the wall is to be located on the Strasburg Road road allowance and must not contain any holes or gaps and be constructed with a minimum surface mass density of 20 kg/m2; b) that the City of Kitchener shall assume ownership of the noise attenuation barrier; c) that the 1.8 metre high noise attenuation barrier must be installed to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services within one (1) year of receiving a building permit from the Area Municipality for the development. Notwithstanding the above, the Proponent may apply to the Regional Commissioner of Planning, Housing and Community Services for an extension to the time required to complete the construction of the noise barrier. That the owner enter into an Agreement with the City of Kitchener for Lots 8 to 17 (inclusive) shown on MTE Drawing No. 0970-100N (Dec. 01/03), that requires the owner to include the following clause in the offers to purchase and deeds or rental agreements: "Due to its proximity to Strasburg Road, projected noise levels on this property exceed the Noise Level Qbjectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants and the lands have been developed such that noise attenuation features are included". J U N E 29, 2004 COUNCIL MINUTES - 254 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) Lots must have a minimum dwelling setback of 52.0 metres from the centre line of Strasburg Road to meet the Noise Level Objectives approved by the Region of Waterloo without a noise warning clause. That a Final Environmental Noise Assessment Report be submitted for approval once final subdivision plans are completed. 4. OTHER AGENCY CONDITIONS - NIL 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 Conditions 3.1 to 3.6 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 telephone company 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 conditions were 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 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 conditions were satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality (RDC By-law 99- 038) are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 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 $50.00 respectively. Fees 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.O. 1990 c. P. 13, to prescribe a tariff of fees for application, J U N E 29, 2004 COUNCIL MINUTES - 255 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems 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, is submitted to the Ministry of the Environment for approval. Stormwater Management 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, is submitted to the Ministry of the Environment for approval. Sewage System 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, is submitted to the Ministry of the Environment for approval. Planning Act Applicability 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). 10. Regional Servicing Agreement 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 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 J U N E 29, 2004 COUNCIL MINUTES - 256 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 8. (Cont'd) Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 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 of the CITY's Director of Planning 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 That Zone Change Application ZC 03/07/H/DR (Huron Woods Development Corp.) requesting a change in zoning from Agricultural Zone (A-l) and Existing use zone (E-l) to Neighbourhood Shopping Centre Zone (C-2) with a Special Regulation Provision, Residential Six Zone (R-6), Residential Six Zone (R-6) with a Special Regulation Provision and Hazard Land Zone (P-3) on lands legally described as Pt 11, Biehn's Tract, Pts 5, 8, 9, & 10 58R-12807 in the City of Kitchener, be approved, in the form shown in the "Proposed By-law ", dated June 4, 2004, attached to Development and Technical Services Department report DTS-04-090, without conditions; and, B. That Pending Plan of Subdivision 30T-90016 be closed; and further, 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 2002-64, grant draft approval to Plan of Subdivision Application 30T-03202, in the City of Kitchener, for Huron Woods Development Corp., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-03202 as shown on the plan prepared by Mel Code Consultant as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated June 4, 2004 which shows the following: Stage One Blocks 1 & 2 - multiple residential (maximum 65 units) Stage Two Block 1 Block 2 - multiple residential (maximum 18 units) - commercial 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 (Huron Woods Development Corp.) regarding the lands shown outlined on the attached Plan of Subdivision dated June 4, 2004, 2004 and which shall contain the following special conditions: COUNCIL MINUTES J U N E 29, 2004 - 257 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) Part 4 - Prior to Issuance of Buildinq Permits 4.22 The SUBDIVIDER agrees that in consideration of the City interest to retain some representation of the former historic alignment of Old Huron Road, best efforts be made during the site plan review stage of any future development to facilitate the ability to continue to visually interpret the historic alignment of the former Old Huron Road. 4.23 The SUBDIVIDER agrees to construct Templewood Drive, including the right in/right out intersection at Huron Road to the satisfaction of the Director of Engineering and the Director of Transportation Planning. 4.24 The SUBDIVIDER agrees that Block 2, Stage 2 shall be required to consolidate with adjacent land as follows: a) b) That use of Block 2, Stage 2 for commercial purposes shall require the partial closure of (old) Huron Road abutting the parcel and consolidation with other adjacent commercial properties. No vehicular access for commercial uses shall be permitted to (old) Huron Road. That use of Block 2, Stage 2 for residential purposes shall require consolidation with Block 1, Stage 2. Further, that Site Plan Approval shall not be granted for commercial or residential Development for Block 2, Stage 2 until the appropriate consolidation and road closures, as necessary, re completed in accordance with a) and b) above. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be prohibited on old Huron Road, north of Battler Road and prohibited from using 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. 6.11 The SUBDIVIDER agrees to provide an easement 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, at the CITY's request, and the CITY agrees to quit claim the easement when appropriate. 6.12 The SUBDIVIDER agrees to upgrade (old) Huron Road to full municipal services and standards, save and except a sidewalk on the south side, from Battler Road to the southwest extent of the Block 2, Stage 2, including a standard turning circle, to the satisfaction of the Director of Engineering. 6.13 The SUBDIVIDER agrees that Templewood Drive at Huron Road (new) shall be a right in - right out access only and that the SUBDIVIDER agrees to dedicate the appropriate road widenings to accommodate this traffic movement to the satisfaction of the Director of Engineering. 6.14 The SUBDIVIDER agrees that there will be no direct access permitted to Huron Road (new) from the subject lands, save and except Templewood Drive. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: COUNCIL MINUTES J U N E 29, 2004 - 258 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) 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. 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 satisfy the total 5% parkland dedication for the subdivision by a cash in lieu contribution for 5% of the value of all lands within the subdivision, with the value of the land determined as of the day before the day of draft approval. The SUBDIVIDER agrees to provide an easement to the City to the satisfaction of the CITY's Director of Engineering and Director of Operations, for a maintenance access, for storm water management purposes, through Block 2, Stage 1 along the (old) Huron Road frontage. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with co- ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate 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; (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 COUNCIL MINUTES J U N E 29, 2004 - 259 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) written approval from the CITY'S Manager of Design and Development or, in the case of parkland, the CITY'S General Manager of Community Services; 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. 10 The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 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 Department of Development and Technical Services. 12. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. J U N E 29, 2004 COUNCIL MINUTES - 260 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) 13. The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY'S Manager of Design and Development in accordance with Council Policy I -1070. 14. The SUBDIVIDER agrees to include a statement in all Offers of Purchase and Sales Agreements, to the satisfaction of the Manager of Design and Development, that advises: i) iii) that the home/business mail delivery will be from a designated Centralized Mail Box. that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mailbox locations prior to the closing of any home sales that the location of all centralize mail receiving facilities shall be shown on maps, information boards and plans, including maps displayed in the sales office(s). 15. 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. 16. In the event that the cost of construction of sidewalks along backlotted arterial roads is not included as a growth related item within the City's Development Charge By-law prior to such works being constructed, the Subdivider agrees to make satisfactory financial arrangements with the City's Director of Engineering, for the construction of a 1.5 metre wide concrete sidewalk along the south side of Huron Road (new) across the entire frontage of the proposed subdivision. 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: 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. 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. 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 Transportation and Environmental Services 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. COUNCIL MINUTES J U N E 29, 2004 - 261 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) 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 afl 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 afl conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the owner prepare a Noise Study, to the satisfaction of the Regional Municipality of Waterloo, to indicate the methods to be used to abate traffic noise levels from Huron Road for all residential blocks and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved noise study attenuation measures. That the owner identify which lots or blocks will have a dwelling unit with a finished ground floor elevation lower than 324 MASL and enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit to not exceed the maximum standard of 85 psi and include in the offers to purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it not be removed by the owner. 4. OTHER AGENCY CONDITIONS Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed lot grading plan illustrating the limits of grading in accordance with the Scoped Environmental Impact Statement (Howes-Jones & Associates - updated 2000). b) An erosion and siltation control plan and brief 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. 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 Conditions 3.1 to 3.5 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 telephone company 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 conditions were satisfied. J U N E 29, 2004 COUNCIL MINUTES - 262 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) That prior to the signing of the final plan by the City's Manager of Design and Development, 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 conditions were 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 satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality (RDC By-law 99- 038) are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 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 $50.00 respectively. Fees 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.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 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, is submitted to the Ministry of the Environment for approval. Stormwater Management 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, is submitted to the Ministry of the Environment for approval. J U N E 29, 2004 COUNCIL MINUTES - 263 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) (Cont'd) 8. Sewage System 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, is submitted to the Ministry of the Environment for approval. Planning Act Applicability 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. Regional Servicing Agreement 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 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. 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 of the CITY's Director of Planning 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) Four (4) Four (4) original mylar mylar copies white paper prints (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES J U N E 29, 2004 - 264 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 10. 1. That the "Downtown Kitchener Community Improvement Plan Project Area", be amended by deleting Schedule 'A' and 'B', and substituting therefore the Schedules 'A' and 'B' attached to Development and Technical Services Department report DTS-04- 082 dated May 14, 2004; and, That the "Downtown Kitchener Community Improvement Plan", be amended by deleting "Schedule 'A' - Community Improvement Project Area", dated Nov. 1, 2001, and replacing it with the "Schedule 'A '- Downtown Kitchener Community Improvement Plan Project Area", dated May 15, 2004 attached to Report DTS-04-082; and further, That the City Clerk be directed to apply to the Minister of Municipal Affairs and Housing for the approval of these Amendments to the Downtown Kitchener Community Improvement Project Area, and Downtown Kitchener Community Improvement Plan. 11. That Zone Change Application ZC 04/08/D/TMW, requesting a zone change on the subject lands, legally described as Part Block 11, 58M-270, for the City of Kitchener, from Hazard Land Zone P-3 with Special Regulation 260R to Residential Three Zone (R-3) with Special Regulation 417R, in the form shown in the "Proposed By-law", dated April 23, 2004 attached to Development and Technical Services Department report DTS-04-087 be deferred and referred to the September 20, 2004 Council meetin.q for approval. 12. That the City of Kitchener continue to retain the Consulting Engineering firm of Read Jones Christoffersen Ltd at their price of $175,400 plus GST to complete the analysis of post tensioning tendons in the Duke & Ontario Garage. 13. That no further action be taken on the DTS unfinished business item regarding the municipal acquisition of heritage resources. 14. That the policies regarding Addressing, Street Naming, Multiple Unit Identification Signs and Address and Street Name Changes dated June 21, 2004, attached to Development and Technical Services Department report DTS-04-052, be adopted; and, That existing policies 1-1070 (Naming of Streets) and 1-1035 Subsection 3. (Multiple Identification Signs) be deleted; and, That DTS and IT (GIS) staff undertake Phase 2 of the 9-1-1 Addressing Program, to identify streets and properties in the City that do not comply with the addressing/street naming policies and report back to Council with a revised list and public consultation program in the fall of 2004; and further, that Transportation Planning staff provide project leadership in Phase 2; and, That the City's legal staff prepare a by-law to require the posting of civic number in accordance with the attached policies; and, That the Capital Account be maintained and enhanced in 2005 to cover the costs associated with the implementation of the public consultation process and required street name changes in Phase 2; and further, That the City's legal staff implement any required changes to the City's Standard Residential Subdivision agreement and Section 41 Development Agreement to comply with the proposed policies. 15. That Council receive the draft Traffic Calming Policy for information and direct staff to circulate it to the appropriate agencies for comment and report back to the August 16, 2004 Development and Technical Services Committee. COUNCIL MINUTES J U N E 29, 2004 - 265 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That Community Services Department report CSD-04-130 (Leisure Facilities Master Plan - Status) and associated reports prepared by F.J. Galloway Associates Inc. entitled 'Community Centres Component' and 'Arena Facilities Component' be received; and further, That staff be directed to develop options for implementation relative to the proposed strategies contained in the Arena / Community Centre Component reports, with a report to be provided at the August 16, 2004 Community Services Committee meeting. That the Glencairn Public School "Together In Education" Council be awarded a one-time community playground grant of $750 in 2004 toward installation of a new creative playground for primary aged children, to be located within the existing campus at Glencairn Public School. That pursuant to Council Policy 1-400 (Community Gardens), a one-time contribution in the amount of $980. be approved to the Deans Gate Garden Group for the start-up of the Deans Gate Community Garden, which includes: a) Services in-kind: transport topsoil & sod stripping b) Cash grant $480. $500.; and further, That the Mayor and Clerk be authorized to sign any and all necessary agreements with the Deans Gate Garden Group, satisfactory to the City Solicitor, to allow the Deans Gate Community Garden to be located on public lands known as the Deans Gate Court Cul-de-sac bulb. That use of the revised Service Provider Contract - Special Events Contract be approved, satisfactory to the City Solicitor and as attached to Community Services Department report CSD-04-124, as a pre-approved contract to be used in connection with services (excluding performer services) at special events; and further, That the Director of Purchasing, or his designate, be given signing authority on behalf of the City provided that the total payment/consideration shall not exceed $8,000. That the Special Events Facilitator be authorized to sign The Word on the Street Canada Inc. license agreement, to the satisfaction of the City Solicitor, for each year of the City's involvement with the festival, as set out in Community Services Department report CSD-04-125. That notwithstanding Council's resolution of May 17, 2004 (Item 1 of the Community Services Committee report - Hours of Operation - City Parking Garages/Madison Avenue South Surface Lot 18), adjustments to the hours of operation for the New Market parking garage and the Madison Avenue South surface lot 18 be approved as follows: the New Market garage hours of operation be adjusted from Monday to Sunday, 7:00 a.m. to 10:00 p.m. to Monday to Sunday, 6:30 a.m. to 10:00 p.m. and 2 hours of free parking be offered from 6:30 a.m. to 3:00 p.m. on Wednesdays (May - October only) and Saturdays; and, · the 2 hours of free parking offered at the Madison Avenue South Surface Lot 18 on Saturdays be adjusted from 7:00 a.m. to 3:00 p.m. to 8:00 a.m. to 3:00 p.m.; and further, That the by-law to amend By-law No. 88-169 (Municipal Off-Street Parking), as attached to Community Services Department report CSD-04-106, be approved for enactment. That the Mayor and City Clerk be authorized to execute the "Membership Agreement - Connect K-W Network Membership" between the Social Planning Council of Kitchener-Waterloo and the Corporation of the City of Kitchener, to the satisfaction of the City Solicitor. 8. That a one-time general provision grant be approved in the amount of $5,000 ($4,580 cash; $420 in-kind) for the Available Space Art Project in Downtown Kitchener. COUNCIL MINUTES J U N E 29, 2004 - 266 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 9. That in recognition of past contributions made by industrialist George Lippert Sr. to the Kitchener community, the park area known as Huron Park be renamed to the 'George Lippert Park'. (Dealt with under Delegations and Carried) 10. That a proposal by Mr. Thomas Kaufmann to operate electric golf carts on City community trails to provide access to persons with limited mobility or physical challenges be referred to staff for review and consideration of the issues of concern, as outlined in Community Services Department report CSD-04-112; and further, That a report and business plan concerning this matter be presented for future consideration of the Community Services Committee. 11. That subject to further review by staff to determine if funding can be accommodated from within existing Departmental budgets, approval be granted for an over-expenditure of $10,000 to fund events and activities in the Downtown during 2004 Oktoberfest. 12. That the General Manager of Community Services, or his designate, be authorized to enter into sponsorship agreements for the 2004 Outdoor and the 2004/2005 Indoor soccer seasons, with those businesses interested in supporting the Kitchener Youth Soccer Program, subject to the satisfaction of the City Solicitor. 13. That the Kiwanis Club of Twin Cities be included as an additional insured under the City's Municipal Liability Insurance program; such liability insurance coverage pertains only to their operation of Kiwanis Park and Outdoor Swimming Pond, and is in the amount of $5,000,000, and is subject to the terms and conditions of the policy; and, That in consideration of this provision of liability insurance coverage, the Kiwanis Club of Twin Cities agrees to abide by the policies and procedures of the City of Kitchener in the operation of this park and outdoor swimming pond; and further, That the Mayor and Clerk be authorized to execute an operating agreement between the City and The Kiwanis Club of Twin Cities, satisfactory to the City Solicitor. 14. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor and as attached to Community Services Department report CSD-04-121, with the KW Gymnastics Club and Asahi Judo Club, outlining the contributions of each party towards the construction of a new roof at the Gymnastics/Judo Training Centre located at 805 Victoria Street South, Kitchener, Ontario. 15. That the request of the Kitchener Horticultural Society to install a pedestrian bridge over the central water feature in Rockway Gardens be approved; and further, That the request to partner with the Horticultural Society by installing the bridge piers and pathway connection be approved. 16. That the City of Kitchener vary the previously approved operating incentives to Barrel Works for the Retail Component such that they apply to both vacant space and leasehold improvement made by Barrel Works; and, That the City grant an extension for the development of the Residential Component to December 31, 2005 and parking incentives as identified in Community Services Department report CSD-04- 133; and further, That the Mayor and Clerk be authorized to execute Amending Agreements with Barrel Works Kitchener Ltd. and Barrel Works Residences Inc., on terms and conditions satisfactory to the City Solicitor, to implement the variation to the operating incentives for the Retail Component, and extension and parking incentives for the Residential Component. COUNCIL MINUTES J U N E 29, 2004 - 267 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - That the City of Kitchener has no objection to the issuance of a liquor licence for Our Lady of Fatima Festival Committee for an event to be held September 4 and 5, 2004 at 1548 Fischer- Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community. That the request of City staff for an unspecified vendor to operate a merry-go-round in Victoria Park on June 26-27 and August 20-22, 2004 be approved, provided the necessary licence, including TSSA certificates, is obtained; and further, That proof of public liability insurance in the amount of $2,000,000, naming the City of Kitchener as an additional insured must be submitted. That the request of the Kitchener Downtown Business Association be approved to invite 6 food vendors and 5 merchandise vendors to sell on Civic Square and King Street during Cruising on King Street on July 10, 2004, provided the necessary licence is obtained, including Health and Fire approval; and further, That the request from the Kitchener Downtown Business Association to locate 3 children's air bounce activity units in the parking lot of the Forsythe Building be approved, provided that proof of public liability insurance in the amount of $2,000,000 naming the City as an additional insured is provided. That the request of the Kitchener Downtown Business Association to locate two food vendors on City property across from 125 King Street West, during the sidewalk sale on June 24-26, 2004 be approved, provided the necessary licence, including Health and Fire approval, is obtained. That the request of the Kitchener Oktoberfest Lions Club to operate a patio on Civic Square during Cruise Day, July 10, 2004, providing beer, coolers and bottled water be approved. That the request of BBQ RibCookoff and Craft Beer Show to sell food and merchandise, and operate a beer tent in Victoria Park on July 22-25, 2004, be approved, provided the necessary licence, including Health and Fire approvals, is obtained. That the Mayor and Clerk be authorized to execute an encroachment agreement satisfactory to the City Solicitor, with the owner(s) and any mortgagee(s) of the portion of 115 South Drive currently described as Part of Lots 264 and 265 on Registered Plan No. 230, City of Kitchener, designated as Parts 4, 5, and 6 on a proposed reference plan prepared by Metz & Lorentz Ltd. and dated April 22, 2004 upon the completion of the severance, to permit a house to be built which will encroach an approximate distance of 2'6" by 37' on to an easement registered in favour of the City as instrument number 295842, provided that the owner of said property assumes responsibility for and shall indemnify the City for any additional costs incurred by the City by reason of the existence of the encroaching structure on the City's easement. (Carried, as amended) That consideration of the construction of sanitary sewers and watermains on both sides of Rothsay Avenue, form Natchez Road to 150 metres east of Forfar Avenue, as a local improvement without petition, in accordance with Section 2 of Ontario Regulation 119/03, made under the Municipal Act, 2001, be deferred and referred to the Finance and Corporate Services Committee meeting scheduled for August 16, 2004, to allow staff an opportunity to hold a public meeting with the affected property owners and the Ward Councillor, to provide information on the works to be undertaken, and receive their input. J U N E 29, 2004 COUNCIL MINUTES - 268 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the Residential Development Charge rates as detailed in Schedule 1 attached to report FIN-04-34 be approved and implemented effective January 1, 2005. That the Non-residential Development Charge rates as detailed in Schedule 2 attached to report FIN-04-34 be approved and implemented effective January 1, 2005 (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES J U N E 29, 2004 - 269 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. 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." Councillor Vrbanovic asked that he be recorded as opposed to the by-law listed as Item 9 (i) with regard to the keeping of pigeons within the City limits. B. ADMINISTRATIVE REPORTS- 1. Licences i) One Day Sale It was resolved: "That the City of Kitchener has no objection to the Waterloo Region Co-op Council & Cambridge Self-Help Food Bank, c/o Waterloo Region Co-op Council, 29 King St. E, Suite 2, Kitchener ON, N2G 2K4, being granted permission to hold a co-op promotional sale in the Civic Square on July 17, 2004; and further, That the $10.00 nominal fee be applicable." ii) Place of Refreshment It was resolved: "That the Twin Cities Tackle Football League, c/o Gary Howell, 91 Gatewood Rd., Kitchener, ON, N2M 4E3, be granted permission to operate a place of refreshment at the Bridgeport Park Sportsfields from September to November 2004 during their football games only, provided the necessary licence is obtained, including Fire and Health approvals; and further; That the nominal fee of $10.00 be applicable." iii) Adult Entertainment Parlour Attendant It was resolved: "That Lady Numekevor, employed at 4-808 Courtland Ave. E., Kitchener, (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. En.qineerinq A.qreement - Activa Holdinqs Inc. 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 Activa Holdings Inc., Huron Village Subdivision, Plan 30T-01201 ." 3. Request for Extension of Outdoor Patio It was resolved: "That the request of Dandy's Restaurant, 85 King Street West, to extend the patio in front of their premises on July 10, 2004, as part of Cruise Night sponsored by the Kitchener Downtown Business Association, be approved; and further, COUNCIL MINUTES J U N E 29, 2004 - 270 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Request for Extension of Outdoor Patio - (Cont'd) That the above approval be conditional upon the patio conforming to the sketch appended to the May 20, 2004 correspondence of Peter Bardouniotis, being an area approximately 18' x 20' and accommodating 6 tables." 4. Amendment - Scatterinq Garden Aqreement It was resolved: "That approval be granted to change the party to which the City enters into an agreement for a scattering garden from St. George's of Forest Hill Anglican Church to the Incorporated Synod of the Diocese of Huron." 5. Release of Title Restrictions - 225 Fairway Road South It was resolved: "That on June 29, 2004, the property described as Part Lot 2, Registered Plan 1524, designated as Parts 2, 3 & 4 of Reference Plan 58R-9921 and municipally known as 225 Fairway Road South, Kitchener complied with the restrictions set out in Schedule "A" to Instrument No. Z386493; and, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to release all rights of the City relating to Title Control, set out in Section 5 in the Schedule of restrictive covenants to the Deed, registered as Instrument No. Z386493 respecting the property described as Part of Lot 2, Registered Plan 1524, designated as Parts 2, 3 & 4 of Reference Plan 58R-9921 and municipally known as 225 Fairway Road South, Kitchener; and further, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically." 6. Various Tenders Dealt with under Delegations. 7. Declaration of Surplus Lands - Howe Drive Council was in receipt of Corporate Services Department report CRPS-04-103 (L. Proulx), dated June 1, 2004, regarding lands on Howe Drive. It was resolved: "That part of Parts 3 and 7 on Reference Plan 58R-8698 be declared surplus to the City's needs to create a building lot of 45 ft. in width and 110 ft. in depth; and, That Legal Services be directed to prepare an agreement setting out conditions for development on the said lands as identified by the Property Management Committee; and further, That Purchasing be directed to issue a sale by tender for the said lands." 8. A.qreement for Limitinq Distance - 30 Thistledown Drive Council was in receipt of Corporate Services Department report CRPS-04-128 (L. MacDonald), dated June 23, 2004. COUNCIL MINUTES J U N E 29, 2004 - 271 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. A.qreement for Limitinq Distance - 30 Thistledown Drive (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Lot 30, Plan 1648, municipally known as 30 Thistledown Drive, pursuant to Section 9.10.14.12(5) of the Ontario Building Code, said agreement to permit the construction of an addition to the residential dwelling with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City owned parkland known as Thistle Down Green." 9. New Records Retention By-law Council was in receipt of Corporate Services Department report CRPS-04-107 (R. Gosse / C. Tarling), dated June 11, 2004, recommending repeal and replacement of the current Records Retention By-law. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, requested that the associated by-law be given first and second readings and stand referred to Council this date for third reading. It was resolved: "That the Records Retention By-law 2000-50 and Schedules A to I (being a by-law to establish retention periods and disposition methods for records of the municipality) be repealed; and, That the Records Retention By-Law attached to Corporate Services Department report CRPS-04-107 and, the associated Schedules 1-14 dated June 29, 2004 be approved, and further, That the above by-laws be read a first and second time and stand referred to Council this date for three readings." 10. Sale of Tickets - Kitchener-Waterloo Symphony Masterpiece Lottery Council was in receipt of Corporate Services Department report CRPS-04-122 (R. Gosse), dated June 21,2004. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Queen St. N., Kitchener, Ontario, N2H 6P7, to conduct the '2004/2005 KVVS Masterpiece Lottery' on March 5, 2005, in the City of Kitchener, which will also include a series of 'Early Bird' draws." 11. Committee of Adjustment Decisions - Various Council was in receipt of minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held June 8, 2004. It was resolved: "That the application of Wend Corp.(685 Fisher-Hallman Road) requesting permission to locate a pylon sign 0.1 m (0.33 ft.) from the lot line along Fischer-Hallman Road rather than the required 0.4 m (1.31 ft.), and to have a setback of 0.152 m (0.49 ft.) from an area intended for vehicular traffic rather than the required 0.6 m (2 ft.) for a sign with a clearance of 3.429 m (11.25 ft.) rather than the required 4.3 m (14.1 ft.), on Part Lot J U N E 29, 2004 COUNCIL MINUTES - 272 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 11. Committee of Adjustment Decisions - Various - (Cont'd) 47, German Company Tract, 685 Fisher-Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the sign and location as approved in this application shall apply to the sign generally as shown on the plans submitted with this application. That the outer edge of the pylon sign shall be no closer than 1.53 m (5.01 ft. to the sidewalk." - and - "That the application of Wolf Yon Teichman (1 King Street West) requesting permission to erect 2 vinyl banner signs, one on the Queen Street elevation and one on the King Street elevation, rather than wood banner signs, on Part Lot 1, Plan 381, 1 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall enter into an encroachment agreement with the City of Kitchener for the proposed banner signs, if required. That the signs not exceed 1.52 m in width and 6 m in length, shall be two-sided, and shall be placed in the same location as the existing wood banner signs. That the colours of the new vinyl signs shall be substantially the same colours as the existing banner signs. That the method of attaching the vinyl signs to be the building facades shall not be invasive to the historic masonry, and the banner signs shall be capable of being removed in the future without causing permanent damage to the historic building fabric. That the variance as approved shall apply to the signs generally as shown on the plans submitted with this application." - and - "That the application of Craig and Heather Lee (182 Dalewood Drive) requesting permission to locate a 1.82 m (6 ft.) high fence, rather than the permitted 0.91 m (3 ft.) high fence, in the front yard between the house and the lot line along Franklin Street, to within 1.5 (5 ft.) of the lot line along Franklin Street, rather than 4.5 m (14.76 ft.) from Franklin Street, on Lot 2, Registered Plan 1217, 182 Dalewood Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That no part of the fence shall be closer than 1.5 m (5 ft.) to Franklin Street. That any fence which may be constructed in the sideyard abutting Dalewood Drive shall not exceed 0.91 m (3 ft.) in height." 12. Sale of Land - Grove Drive Council was in receipt of Corporate Services Department report CRPS-04-123 (L. MacDonald), dated June 23, 2004, recommending acceptance of a conditional offer. It was resolved: "That the City accept the conditional offer dated June 21, 2004, from 1581780 Ontario Limited to purchase a portion of Grove Drive, Kitchener, for the sum of $90,000.00, conditional upon the City being in a position to pass a road closing by-law upon the completion of an Environmental Assessment and the subsequent passing of the road J U N E 29, 2004 COUNCIL MINUTES - 273 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 12. Sale of Land - Grove Drive (Cont'd) closure by-law; and conditional upon 1581780 Ontario Limited initiating, at its cost, the Environmental Assessment Process, securing the required reference plan at its expense, paying for all costs pertaining to this transaction as identified in the Offer and satisfying all other conditions set out in the Offer; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor." 13. Request for Exemption to Chapter 530 (DoRs) - Instant Replay Flyball Team Council was in receipt of Corporate Services Department report CRPS-04-124 (D. Gilchrist), dated June 22, 2004, regarding a request for an exemption from the City's Municipal Code. It was resolved: "That the request of John Cocking, Instant Replay Flyball Team, for an exemption from the Prohibited Dog provisions of City of Kitchener Municipal Code Chapter 530 (Dogs), to allow Pitbull Dogs to compete in the Flyball Tournament in Marshall Hall, Bingeman Park, on July 17 & 18, 2004, be approved subject to the following: a) that the operators of the Flyball Tournament shall provide the Kitchener-Waterloo and North Waterloo Humane Society with a list of those persons bringing and handling Pitbulls at the Flyball Tournament, in advance of the event taking place; and, b) that all Pitbulls shall be muzzled and kept on a short leash while outside the Marshall Hall premises at Bingeman Park." 14. Encroachment Agreement - Banner Signs - 1 King Street West (Walper Terrace Hotel 15. Council was in receipt this date of Corporate Services Department report CRPS-04-126 (J. Sheryer), dated June 22, 2004. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the registered owner of 1 King Street W. (Walper Terrace Hotel) to permit erection of vinyl banner signs which overhang the road allowances of Queen Street S. and King Street W." Encroachment Aqreement - Fence - 298 Lawrence Avenue Council was in receipt this date of Corporate Services Department report CRPS-04-125 (J. Sheryer), dated June 22, 2004. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Lot 75 and Part of Lots 73 and 76, Municipal Compiled Plan 786 designated as Part 2 on Reference Plan 58R- 14256, municipally known as 298 Lawrence Avenue, to legalize the existing encroachment of a fence which encroaches approximately 36.4 metres along the rear lot line with a maximum width of .46 metres, more or less, on adjacent City owned property." COUNCIL MINUTES J U N E 29, 2004 - 274 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 16. En.qineerinq A.qreement - 346874 Ontario Ltd. - Vista Ridqe Subdivision 30T-95016 Council was in receipt of correspondence from D. Mansell, Deputy Director of Engineering, dated June 29, 2004. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Meritech Services Inc., regarding Vista Ridge Subdivision, Plan 30T-95016." 17. Refreshment Stand Licence - Holy Trinity Serbian Orthodox Church Council was in receipt of Corporate Services Department report CRPS-04-131 (J. Koppeser), dated June 24, 2004. It was resolved: "That the Holy Trinity Serbian Orthodox Church be approved to operate a refreshment stand at Holy Trinity Serbian Orthodox Church, 700 Fischer Hallman Rd., Kitchener, on July 25, 2004, from 12 noon to 10 p.m. provided the necessary licence is obtained, including Health and Fire approvals, and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer Hallman Rd on July 25, 2004 from 12 noon to 9 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 25, 2004." 18. Sale of Portion of Arlinqton Boulevard - Weber Street West & Hiqhway 8 Council was in receipt this date of Corporate Services Department report CRPS-04-132 (F. McCrea), dated June 29, 2004. It is noted for the record that a revised recommendation was provided to Council this date under the same report number in order to address several issues which came to light just prior to this meeting. It was resolved: "That the City accept an offer from McCrory Associates Limited to purchase that portion of Arlington Boulevard that runs between Weber Street West and Highway 8 in Kitchener, for the sum of $76,000. on terms and conditions satisfactory to the City Solicitor; and, That the closure of part of Arlington Boulevard between Weber Street West and Highway 8 be approved in principle, and that Legal Services be instructed to proceed with the preparation of the by-law, the necessary advertising in the newspaper, documentation and conveyance of all required easements, subject to completion of an Environmental Assessment, if required, reference plan by McCrory Associates Limited, and lifting of the controlled access by the Ministry of Transportation if required; and, That all costs associated with the closing of part of Arlington Boulevard are to be borne by McCrory Associates Limited; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor." J U N E 29, 2004 COUNCIL MINUTES - 275 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 19. Do.q Desi.qnation Appeal Decisions - Various Council was in receipt of correspondence from D. Gilchrist, Supervisor, Legislated Services, dated June 28, 2004. It was resolved: "That the June 25, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Tom Watson wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the June 25, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Marcel Chartrand wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 20. Transfer of Easement Council was in receipt of Corporate Services Department report CRPS-04-136 (L. MacDonald), dated June 29, 2004. It was resolved: "That the City Solicitor be authorized to electronically sign for completeness and release a Transfer of an Easement over Parts 2 and 3 on 58R-12948 for the benefit of the Peters holding a right of way over Parts 10, 11, 31, 35 and 38 on 58R-12700, to provide access to and from Woolwich Street, until such time as an access on a public street is provided."