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HomeMy WebLinkAboutCouncil Minutes - 2004-10-04COUNCIL MINUTES OCTOBER 4, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the Rockway Centre Glee Club. On motion by Councillor C. Weylie, the minutes of the regular meeting held September 20, 2004 and special meetings held September 20 & 27, 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 M. Galloway disclosed a pecuniary interest at an in-camera meeting held earlier this date in regard to a matter involving solicitor-client privilege. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date a report requesting Council to consider revisions to its resolution of March 29, 2004, dealing with an agreement for the supply, installation, warranty and maintenance of a Multi-Facility Parking Management System (P03-054), to reflect the correct legal name of the company awarded the contract, and to provide for indexing and any inflationary increases above 2% for the Preventive Maintenance Plan annual amounts. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T04-060, Lighting -Budd Park Parking Lot, be awarded to Harold Stecho Electric Limited, Waterloo at their tendered price of $117,058, including G.S.T. and P.S.T." - and - "That Council waive the requirement for purchase through the public tender process and award the upgrading of the existing Bell Canada analog phone circuits to digital trunking circuits at a cost of $5,387.25 per month, plus G.S.T. & P.S.T., to Bell Canada, for a thirty-six month period; and further, That the Mayor and Clerk be authorized to execute contracts satisfactory to the City Solicitor." - and - "That further to Council's resolution dated March 29, 2004, the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor, with Wemaart Partners Smulders North America Incorporated, which is the correct legal name of the company referred to as WPS Parking Systems in the previous Council resolution; and further, That in addition to the values set out in the March 29, 2004 Council resolution, the agreement may provide for the Preventive Maintenance Plan annual amounts to be indexed and increased to reflect any inflation over and above two (2) percent, on a cumulative basis, over the fifteen (15) year duration of that program." Carried. Messrs. Pat George, Deer Ridge Estates, and Gary Leblanc, G & A Masonry, attended in support of Item B.4 of the Committee of the Whole agenda of this date, regarding a decision of the Committee of Adjustment to approve fence variance application FN 2004-002 (900 Deer Ridge Drive - Todd Bertuzzi). Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting respecting the above noted fence variance application, as he has purchased a property in the Deer Ridge Drive area. Councillor C. Weylie assumed the Chair for the purpose of conducting this portion of the Council meeting. Mr. P. George stated that as the developer of Deer Ridge Estates he has been in contact with many of the area residents and of more than 50 residents, only one did not support approval of the fence. COUNCIL MINUTES OCTOBER 4, 2004 - 335 - CITY OF KITCHENER He added that the fence meets the intent of the City's Fence By-law and in his opinion, will add value to neighbouring properties. Mr. G. Leblanc responded to questions, advising that prior to construction of the pillars, a meeting had taken place on site with City staff who had advised that construction could proceed. He pointed out that Traffic staff advised that they were satisfied the fence would not pose any sight visibility concerns. He added that in regard to the fence, the process of receiving Committee of Adjustment approval was followed and the pillars were not required to be part of that process. Mr. G. Stewart clarified that the pillars are considered to be a landscaping feature as opposed to part of the fence; however, he suggested that staff may have erred in giving advice that allowed the pillars to be constructed ahead of the fence approval process. Councillor J. Gazzola circulated photographs of the site indicating that the pillars are an integral part of the fence. He advised that he could not support the decision to approve the variance application as, in his opinion, an application for fence approval should have preceded construction of the pillars and the requirements of the By-law should be maintained. Councillor B. Vrbanovic raised concerns with the handling of this matter and requested that staff review their actions to ensure that all aspects of such a variance are considered in future as part of the approval process. Notwithstanding, Councillors B. Vrbanovic and G. Lorentz spoke in support of approval of the fence variance as it did proceed through the Committee of Adjustment process and no objectors were present this date. Councillor C. Weylie advised that she had been contacted by a number of constituents concerned with fairness and consistency relative to enforcement of the Fence By-law and stated that she could not support the decision to approve the fence. Staff responded to questions, advising that in the event a motion to approve the fence variance was lost on a tie vote, the applicant would not have permission to construct a fence as requested. It was noted, however, that the applicant could file a subsequent application and proceed again through the approval process. Councillor J. Smola advised that he agreed with the Committee of Adjustment decision to approve the fence, pointing out that it poses no traffic visibility concerns and the majority of area residents are not opposed to its construction. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the application of Todd Bertuzzi (900 Deer Ridge Court) requesting permission to construct a 1.5 m (4.92 ft.) high fence with stone piers up to 1.8 m (6 ft.) high fence in the front yard rather than a 0.9 m (3 ft.) high fence on Part Block 2, Registered Plan 58M-88, being Parts 9 and 10, Reference Plan 58R-11709, 900 Deer Ridge Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the wrought iron fence and stone pillars generally as shown on the plans submitted with this application." A recorded vote was requested. In Favour: Councillors J. Smola, G. Lorentz, B. Vrbanovic and M. Galloway. Contra: Councillors J. Gazzola and C. Weylie Recorded Pecuniary Interest & Abstention: Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as he has purchased a property in the Deer Ridge Drive area. Motion Carried. Mayor C. Zehr then assumed the Chair. Ms. Marianne Paul, Canadian Authors Association, attended in support of Clause 5 of the Community Services Committee report of this date, relative to the Association's request for grant funding to be applied to specific events associated with their National Conference. She pointed out that she had been unable to attend the Community Services Committee meeting and was present this date to provide any further clarification or answer any questions Council may have. In response to questions, COUNCIL MINUTES OCTOBER 4, 2004 - 336 - CITY OF KITCHENER Ms. Paul advised that the funding requested is not included in the general conference budget and if the grant is not approved, the Association would not be able to conduct the events in the manner intended. Councillor J. Gazzola commented that he could not support the full amount of funding as, in his opinion, there was opportunity to fine tune the conference budget and still have a successful event. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 5 of the Community Services Committee report of this date be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic, M. Galloway and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Ms. Cindy Ward, tenant, Victoria Park Boathouse, attended in support of Clause 5 of the Finance and Corporate Services Committee report of this date, regarding a reduction in the fee schedule for use of the Boathouse facility. Ms. Ward circulated this date a copy of the fixed expenditures pertaining to the business she operates at the Boathouse. She pointed out that she has received favourable public response to the business; however, has had some issues related to security and flooding that have had an impact on the business. Councillor J. Gazzola commented that he would prefer to wait until the end of the winter season and have actual figures provided from which to base a decision regarding any reduction in fees. Councillor G. Lorentz spoke in support of the request, commenting that he would like to give the business every opportunity to succeed rather than risk having the Boathouse unoccupied. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That Clause 5 of the Finance and Corporate Services Committee report of this date be adopted 2 Carried. Mayor C. Zehr inquired if anyone else present this date wished to speak to any other matter before Council and a request was made by an unidentified person to consider Clause 7 of the Development and Technical Services Committee report, dealing with a recommendation to refuse Zone Change Application ZC 03/27/R/TMW (1100 River Road East). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 7 of the Development and Technical Services Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Balance of report - Carried. COUNCIL MINUTES OCTOBER 4, 2004 - 337 - CITY OF KITCHENER Councillor J. Smola left the meeting at this time. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Councillor J. Gazzola asked that Clause 6 be dealt with separately, concerning acquisition of the Kaufman Steam Engine. Councillor Gazzola strongly encouraged staff to pursue discussions with the owner of the Kaufman Building to determine the feasibility of leaving the steam engine in its current location. Mayor C. Zehr advised that at the Community Services Committee meeting, staff were directed to meet with the owner of the Kaufman building regarding this issue and report back as to the outcome of discussions. The Community Services Committee report was then voted on Clause by Clause. Clause 5 - Dealt with under Delegations and Carried, on a recorded vote. Clause 6 - Carried. Balance of report - Carried. 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-04-179 (J. Koppeser), dated October 4, 2004, regarding Clause 1 of the Finance and Corporate Services Committee report concerning events to take place on City property during ©ktoberfest. Mr. G. Sosnoski advised that a late request was received from the Four Points Sheraton Hotel to locate a refreshment cart on King Street in front of the Hotel. Council agreed to the request of staff to amend Clause 1 to add the additional food vendor. Councillor B. Vrbanovic requested that Clause 2 of the report be deferred and referred to the October 18, 2004 Finance and Corporate Services Committee meeting to allow further consideration of Council's 2005 Meeting Schedule as it relates to the summer months, and in conjunction with the Association of Municipalities of Ontario Annual Conference to be held in August. Mayor C. Zehr pointed out that the Region of Waterloo will meet into the second week of July 2005 and requested staff to take this into consideration regarding any changes that may be proposed to the Council meeting schedule. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That Clause 2 of the Finance and Corporate Services Committee report of this date be deferred and referred to the October 18, 2004 Finance and Corporate Services Committee meeting for further consideration of the 2005 Council meeting schedule." Carried. The report of the Finance and Corporate Services Committee was then voted on Clause by Clause. Clause 1 - Carried, as Amended. Clause 2 - Deferred and referred to the October 18, 2004 Finance and Corporate Services Committee meeting for further consideration. Clause 5 - Dealt with under Delegations and Carried. Balance of report - Carried. COUNCIL MINUTES OCTOBER 4, 2004 - 338 - CITY OF KITCHENER Councillor G. Lorentz introduced a matter arising from an in-camera session held earlier this date concerning a Forensic Report pertaining to Kitchener Minor Soccer. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Council receive the KPMG Forensic Report pertaining to Kitchener Minor Soccer; and further, That the City Solicitor be directed to submit the report to the Waterloo Regional Police Services for their review." Carried. Councillor B. Vrbanovic referred to correspondence from the City of Woodstock, dated September 22, 2004, advising of a resolution passed by Woodstock Council requesting the Province and the Minister of Municipal Affairs & Housing to take immediate action to amend Section 319 of the Ontario Municipal Act dealing with tax deferrals for relief from financial hardship; and to introduce amendments to allow each municipality the opportunity to provide a Municipal Property Tax Deferral Program targeted toward Iow income seniors and disabled persons. He asked that staff review the documentation and report back to Council as to the merits of pursuing similar actions. Councillor Vrbanovic also referred to a facsimile transmission received from Councillor Howard Moscoe of the City of Toronto, dated September 28, 2004, regarding a proposal to request the Province to align municipal terms of office and municipal elections with those at the Provincial level. He asked that staff review the matter and report back to the October 25, 2004 Council meeting as to the merits of the proposal. Councillor Vrbanovic then presented a petition to the City Clerk submitted by Eric Farmer, a nine-year old soccer player, in which Eric and petitioners request the City to consider installing soccer posts in Morgan Park. Councillor Vrbanovic asked that staff consider the request and report to a future meeting of the Community Services Committee, at which time Eric Farmer is to be invited to speak to the Committee. Councillor J. Gazzola requested that staff consult with the City of Waterloo regarding changes they are contemplating relative to a student housing by-law. Mr. G. Stewart advised that Kitchener staff are currently conducting a housing study as part of the Council / Senior Management Shared Agenda, and it is intended to consult with the City of Waterloo as part of that study. Ms. C. Ladd added that student housing in Lower Doon will be reported on within six months, with housing for Universities locating in the Downtown to follow. Councillor C. Weylie requested that in light of the fence application considered this date, staff review the requirements of the City's Fence By-law to ensure all residents are treated equally and in particular, consider corner lots where the rear yard of one property abuts the front yard of another. Mayor C. Zehr requested that staff report on this matter to a future meeting of the Development and Technical Services Committee. Mayor C. Zehr advised that Regional Council is waiting for a response from the Province pending any further action regarding a proposal in support of implementing Province-wide legislation to restrict smoking in the workplace. Council agreed to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add two zoning by-laws for three readings this date relative to Clauses 4 & 5 of the Development and Technical Services Committee report, dealing with Zone Change Applications ZC 96/32/B/LM (Harding Lands) and ZC 01/27/M/DR (Max Becker Enterprises Limited), respectively. 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) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereof. OCTOBER 4, 2004 COUNCIL MINUTES - 339 - CITY OF KITCHENER (c) 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. (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Harding, Annets, Seip - Fischer-Hallman Road at Bleams Road. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Max Becker Enterprises Ltd. - Fischer-Hallman Road. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. (e) To confirm all actions and proceedings of the Council. (By-law No. 2004-190) Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2004-186) (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (By-law No. 2004-187) (c) 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. 2004-188) (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2004-189) OCTOBER 4, 2004 COUNCIL MINUTES - 340 - CITY OF KITCHENER (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Harding, Annets, Seip - Fischer-Hallman Road at Bleams Road. (By-law No. 2004-191 ) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Max Becker Enterprises Ltd. - Fischer-Hallman Road. (By-law No. 2004-192) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:15 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 4, 2004 - 341 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That parking be prohibited at anytime on the west side of Gage Avenue from a point 140 metres south of Belmont Avenue to a point 20m south thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the 2005-2014 Capital Forecast assign $31,000 in the year 2005 to complete the Civic Centre Heritage District Study; and $21,000 in the year 2006 to complete the Civic Centre Heritage District Plan; and further, That Legal Services be directed to prepare a by-law to define an area, generally bounded by Victoria, Lancaster, Ellen, Queen and Weber Streets, as an area to be examined for future designation as a Heritage Conservation District as shown on Map 2 (New Proposed Civic Centre Heritage District Study Area Boundary) in Appendix 'A' attached to Development and Technical Services Department report DTS-04-139. That Development and Technical Services Department report DTS-04-135 be received for information purposes, and that staff be directed to continue with research on implementation of the Regional Growth Management Strategy, as set out in the Terms of Reference attached to report DTS-04-135. That Zone Change Application ZC 96/32/B/LM (Harding Lands) requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Residential Six Zone (R-6), Convenience Commercial (C-1) and Open Space Zone (P-2) on lands legally described as Part of Lot 2, Registrars Compiled Plan 1470, in the City of Kitchener, in the form shown in the "Proposed By-law", dated August 30, 2004, attached to Development and Technical Services Department report DTS-04-130, be approved, without conditions. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.©. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-96006, in the City of Kitchener, for Harding et al, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-96006 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited (last revised August 24, 2004) and as shown on the Plan of Subdivision prepared by the City of Kitchener dated August 30, 2004, which shows the following: Stage One Blocks 1 to 5 Block 6 Block 7 Blocks 8 & 9 Block 10 - singles/semis (maximum 67 units) - convenience commercial - storm water management - walkway/service corridor - 0.3 metre reserve Stage Two Block s 1 to 3 Block 4 - singles/semis (maximum 16 units) - 0.3 metre reserve Total Units 48 (minimum)/83 (maximum) 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 (Harding et al) regarding the lands shown outlined on the Plan of Subdivision dated August 30, 2004 and which shall contain the following special conditions: COUNCIL MINUTES OCTOBER 4, 2004 - 342 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) Part 1 - General Conditions 1.27 The SUBDIVIDER agrees that the maximum number of units created within the plan of subdivision shall not exceed 84 units. All future development applications proposed shall not exceed the maximum number of units registered in each stage. In no case shall the total number of registered units for the entire plan of subdivision exceed 84. Part 3 - Prior to Servicing 3.16. The SUBDIVIDER makes financial arrangements for the construction of a 1.5 metre sidewalk along the entire Fischer Hallman and Bleams Road frontage of the property to the satisfaction of the Director of Engineering. Part 4 - Prior to Issuance of Buildinq Permits 4.22 To provide a planting strip having a minimum width of 4.6 metres and metre high chain link fence for all lots abutting Bleams Road (Regional Road 56). Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the Manager of Design and Development, prior to the issuance of any building permits for said lots. Further, said planting strip shall be installed within the affected lots prior to the transfer of title of such lots to the first time occupants, or in the event of winter conditions shall be installed by June 1, immediately following such transfer of title. The Subdivider agrees to attach the approved planting plan to all Offers to Purchase/Agreement of Purchase and Sale of lots in which the required planting strip has not been installed due to winter conditions. Further, if physical noise attenuation barriers are required, installation of said barrier shall substitute for the planting strip requirement. 4.23 4.24 That the owner include water pressure devices for each dwelling unit constructed below 348 MASL to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official or the City's Director of Engineering Services. The owner shall include a clause in all offers of purchase and rental agreements, identifying the presence of the water pressure reducing devices and advising that the device not be removed by the owner. a) That prior to the issuance of building permits for the Plan of Subdivision, to provide the physical and financial resources, to the satisfaction of the City's Director of Engineering Services, for the design, construction and ultimate decommissioning of a temporary sanitary sewage pumping station, forcemain and all related appurtenances thereto, including the potential for holding tanks and adequate land area for the pumping station. (b) The Subdivider further agrees that in order to facilitate the ultimate development and sharing of expenses for the sanitary sewage pumping station, forcemain and all related appurtenances, as described in (a) above, that proportional costs for individual benefitting land owners shall be initially estimated on the basis of contributing population, generally as set out immediately below. This is subject to reallocation of such percentages based on contributing population as determined below: - 2014707 (lan Cook) (30T-97025)- 39.4% - Max Becker Enterprises Limited (30T-96005) - 41.2% - Harding, et. al. (30T-96006) - 19.4% It is recognized that the sanitary sewage pumping station shall be designed to accommodate future development on the properties at 1193 Westmount Road East (Kieswetter) and 1201 Westmount Road East (Hoekstra) and that in the event that either of these properties develop in the future, the individual landowners shall be required to contribute to the cost on the basis of COUNCIL MINUTES OCTOBER 4, 2004 - 343 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) proportional contributing population and the City will disperse these funds to those three benefiting land owners who have made payment of their proportionate share of the costs in accordance with the said proportions. It is further recognized that the capacity allocation for the proposed public elementary school site will be equally divided amongst the above three benefitting landowners and will be included as part of their committed capacity. At the commencement of detailed design for the pumping station, land owners wishing to benefit from the temporary sanitary pumping station will be required to confirm and declare their specific capacity requirements, within the population limits established by the City of Kitchener. The foregoing requirement to confirm and declare specific capacity requirements is not applicable to Kieswetter and Hoekstra. Their lands will be assumed to require capacity to support the maximum contributing population that can then be generated from such lands based on Official Plan designations applicable thereto at the time of the commencement of the detailed design for the pumping station. The pumping station will be sized and the proportional costs will be assigned on the basis of these committed populations. This allocation of proportional costs shall supercede the estimated percentages set out in the opening provisions of this Condition 4.24 (b). The proportional costs will initially be divided amongst the three major developers benefiting therefrom as set out above. This is subject to contribution from Kieswetter and Hoekstra as and when their properties are developed as set out above. (c) The Subdivider further agrees that the sanitary sewage pumping station, forcemain and all related appurtenances shall be installed, accepted and fully operational, to the satisfaction of the City's Director of Engineering Services, prior to the issuance of building permits within any stage of the Plan of Subdivision which requires such facilities. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Engineering Services, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. (d) The Subdivider further agrees that in the event such facilities have been previously installed as part of the servicing of another contributing property, the Subdivider shall, prior to the issuance of building permits, including conditional building permits, within those stages of the plan of subdivision which require such facilities, pay to the City of Kitchener his fair share of the final tendered cost of the facilities, in accordance with (b) above. The City shall in turn transfer such funds to the land owner who first provided the facilities. It is recognized that the City of Kitchener shall impose a similar condition in any planning approvals pertaining to other benefitting lands. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Helena Feasby Street southerly to Bleams 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 COUNCIL MINUTES OCTOBER 4, 2004 - 344 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) 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 implement the required permanent Storm Water Management Plan as approved by the City's Director of Engineering. The subdivider further agrees that there shall be one permanent storm water management pond for all the lands within the Middle Strasburg Creek drainage shed, located north of Bleams Road, east of Plan of Subdivision 30T-95015 (Activa Development Corporation, and west of Fischer Hallman Road. The storm water management pond may be constructed in two stages, to the satisfaction of the City's Director of Engineering, to accommodate individual development areas contributing to this facility, provided that a permanent outlet is established with the first stage of the pond. The ultimate storm water management pond for the area shall be located partially within Block 14 (Stage 2) of Plan of Subdivision 30T-97025 (lan Cook) and partially on Block 7 (Stage 1) of this plan with one fixed outlet. 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. The final plans for registration shall show all lots intended for development as single detached, semi detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. 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 agrees to show emergency access/secondary access, if required in accordance with City policy, on the final plans for registration to the satisfaction of the Manager of Design and Development. 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 COUNCIL MINUTES OCTOBER 4, 2004 - 345 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) 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 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 COUNCIL MINUTES OCTOBER 4, 2004 - 346 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) 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. 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. 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. Further, the SUBDIVIDER shall submit to the City's Director of Planning a detailed summary of the number of units registered in the stage proposed for registration as well as previous stages registered in order to monitor registered units so that the 84 unit maximum is not exceeded. 15. The SUBDIVIDER agrees to convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: a) b) c) Block 10 (Stage 1) and Block 4 (Stage 2) for 0.3m reserves; Block 7 (Stage 1) for Storm Water Management; Blocks 8 and 9 (Stage 1) as walkways. 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 plan submitted for final approval may incorporate a lot pattern for all blocks in which single detached and semi-detached lots are permitted, at a density not exceeding the density identified in the draft approval conditions. a) That the owner enters into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and COUNCIL MINUTES OCTOBER 4, 2004 - 347 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) 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 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 all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. That the daylighting triangles shown on the plan be dedicated as public highway to the appropriate authority. That prior to final approval, the owner obtain a Regional Road Access Permit for the intersection of Regional Road No. 56 (Bleams Road) and Helena Feasby Street. That prior to final approval, the owner obtain a Regional Road Access Permit for access to Block 6 from Regional Road No. 56 (Bleams Road). That prior to final approval, the owner complete a Traffic Impact Study, to the satisfaction of the Regional Commissioner Planning, Housing and Community Services, and the owner further agrees to provide the Region with the physical and financial resources for any improvements identified in the study. That prior to final approval, a lot grading and drainage plan and stormwater management report be submitted for approval, for the entire draft plan of subdivision, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, where the lands drain to a Regional facility. 10. That prior to final approval, the owner prepare a noise study, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services, to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Regional Road No. 56 (Bleams Road) and Regional Road No. 58 (Fischer Hallman Road) for the entire plan, and if necessary the owner shall enter into a registered agreement with the Regional Municipality of COUNCIL MINUTES OCTOBER 4, 2004 - 348 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) Waterloo to provide for implementation of the approved study attenuation measures. 11. That prior to final approval, the owner enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent maintenance free fence adjacent to Regional Road No. 56 (Bleams Road) and Regional Road No. 58 (Fischer Hallman Road) in accordance with Regional policies and procedures, except where a noise wall is required in Condition 10 above. 12. That prior to final approval, the owner enter into an agreement with the Regional Municipality of Waterloo to prohibit access to Blocks 4 and 5 (Stage 1) from Regional Road No. 56 (Bleams Road). 13. That prior to final approval, the owner enter into an agreement with the Regional Municipality of Waterloo to prohibit access to Block 6 (Stage 1) from Regional Road No. 58 (Fischer-Hallman Road). 14. That prior to final approval of the plan the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 348 MASL, and include in the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it may not be removed by the owner. 15. That prior to final approval, the owner satisfy the requirements of Grand River Transit, relating to the operation of bus service within the plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 4. OTHER AGENCY CONDITIONS No other agency conditions. 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 3.15 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 2.2.8 and 2.2.9 have been carried out satisfactorily. The clearance letter should contain a brief statement detailing 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.Tand 2.2.9 have been carried out satisfactorily. The clearance letter should contain a brief statement detailing 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 are applicable. COUNCIL MINUTES OCTOBER 4, 2004 - 349 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) 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. 10. 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. 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). 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. COUNCIL MINUTES OCTOBER 4, 2004 - 350 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 4. (Cont'd) 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. 11. Registration Release 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. 12. Final Plans - Subdivision 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 5. A. That Zone Change Application ZC 01/27/M/DR (Max Becker Enterprises Ltd.) requesting a change in zoning from Agricultural Zone (A-1) to Residential Four Zone (R-4), Open Space Zone (P-2) and Community Institutional Zone (I-2) on lands legally described as Part of Lot 5 and 7, Registrars Compiled Plan 1470, in the City of Kitchener, in the form shown in the "Proposed By-law", dated August 30, 2004, attached to Development and Technical Services Department report DTS-04-131, be approved, without conditions. 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-01207, in the City of Kitchener, for Max Becker Enterprises Ltd., subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01207 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited (last revised August 21, 2004) and as shown on the Plan of Subdivision prepared by the City of Kitchener dated August 30, 2004, which shows the following: COUNCIL MINUTES OCTOBER 4, 2004 - 351 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) StaRe One Blocks 1 to 12 Blocks 13 and 14 Block 15 Blocks 16 and 17 - singles/semis (maximum 156 units) - future development - walkway - 0.3 metre reserve Sta.qe Two Blocks 1 to 5 Block 6 Block 7 Block 8 Block 9 Block 10 Blocks 11 and 12 - singles/semis (maximum 45 units) - future development - open space - public school - walkway - temporary road - 0.3 metre reserves Total Units 120 (minimum)/239 (maximum) 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 (Max Becker Enterprises Ltd.) regarding the lands shown outlined on the Plan of Subdivision dated August 30, 2004 and which shall contain the following special conditions: Part 1 - General Conditions 1.27 The SUBDIVDER agrees that the maximum number of units created within the plan of subdivision shall not exceed 217 units. All future development applications proposed shall not exceed the maximum number of units registered in each stage. In no case shall the total number of registered units for the entire plan of subdivision exceed 217. Part 3 - Prior to Servicing 3.17. The SUBDIVIDER makes financial arrangements for the construction of a 1.5 metre sidewalk along the entire Fischer Hallman frontage of the property to the satisfaction of the City's Director of Engineering. Part 4 - Prior to Issuance of Buildinq Permits 4.22 The SUBDIVIDER agrees that no building permit will be issued for Block 10 (Stage 2) until the temporary road is no longer required to the satisfaction of the Director of Transportation Planning. 4.23 That the owner include water pressure devices for each dwelling unit constructed below 348 MASL to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official or the City's Director of Engineering Services. The owner shall include a clause in all offers of purchase and rental agreements, identifying the presence of the water pressure reducing devices and advising that the device not be removed by the owner. 4.24 a) The Subdivider agrees that prior to the issuance of building permits for the Plan of Subdivision, to provide the physical and financial resources, to the satisfaction of the City's Director of Engineering Services, for the design, construction and ultimate decommissioning of a temporary sanitary sewage pumping station, forcemain and all related appurtenances thereto, including the potential for holding tanks and adequate land area for the pumping station. COUNCIL MINUTES OCTOBER 4, 2004 - 352 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) (b) The Subdivider further agrees that in order to facilitate the ultimate development and sharing of expenses for the sanitary sewage pumping station, forcemain and all related appurtenances, as described in (a) above, that proportional costs for individual benefitting land owners shall be initially estimated on the basis of contributing population, generally as set out immediately below. This is subject to reallocation of such percentages based on contributing population as determined below: -2014707 (lan Cook) (30T-97025)- 39.4% - Max Becker Enterprises Ltd. (30T-01207) -41.2% - Harding, et. al. (30T-96006) - 19.4% It is recognized that the sanitary sewage pumping station shall be designed to accommodate future development on the properties at 1193 Westmount Road East (Kieswetter) and 1201 Westmount Road East (Hoekstra) and that in the event that either of these properties develop in the future, the individual landowners shall be required to contribute to the cost on the basis of proportional contributing population and the City will disperse these funds to those three benefiting land owners who have made payment of their proportionate share of the costs in accordance with the said proportions. It is further recognized that the capacity allocation for the proposed public elementary school site will be equally divided amongst the above three benefitting landowners and will be included as part of their committed capacity. At the commencement of detailed design for the pumping station, land owners wishing to benefit from the temporary sanitary pumping station will be required to confirm and declare their specific capacity requirements, within the population limits established by the City of Kitchener. The foregoing requirement to confirm and declare specific capacity requirements is not applicable to Kieswetter and Hoekstra. Their lands will be assumed to require capacity to support the maximum contributing population that can then be generated from such lands based on Official Plan designations applicable thereto at the time of the commencement of the detailed design for the pumping station. The pumping station will be sized and the proportional costs will be assigned on the basis of these committed populations. This allocation of proportional costs shall supercede the estimated percentages set out in the opening provisions of this Condition 4.25 (b). The proportional costs will initially be divided amongst the three major developers benefiting therefrom as set out above. This is subject to contribution from Kieswetter and Hoekstra as and when their properties are developed as set out above. (c) The Subdivider further agrees that the sanitary sewage pumping station, forcemain and all related appurtenances shall be installed, accepted and fully operational, to the satisfaction of the City's Director of Engineering Services, prior to the issuance of building permits within any stage of the Plan of Subdivision which requires such facilities. Provided however, that conditional building permits may be issued if the sanitary pumping station is substantially complete to the satisfaction of the City's Director of Engineering Services, in which case no occupancy of any dwelling shall be permitted prior to acceptance of said works. (d) The Subdivider further agrees that in the event such facilities have been previously installed as part of the servicing of another contributing property, the Subdivider shall, prior to the issuance of building permits, including conditional building permits, within those stages of the plan of subdivision which require such facilities, pay to the City of Kitchener his fair share of the final tendered cost of the facilities, in accordance with (b) above. The City shall in turn transfer such COUNCIL MINUTES OCTOBER 4, 2004 - 353 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) funds to the land owner who first provided the facilities. It is recognized that the City of Kitchener shall impose a similar condition in any planning approvals pertaining to other benefitting lands. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Max Becker Drive and/or Bleams Road to Fischer Hallman 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 implement the required permanent Storm Water Management Plan as approved by the City's Director of Engineering. The subdivider further agrees that there shall be one permanent storm water management pond for all the lands within the Middle Strasburg Creek drainage shed, located north of Bleams Road, east of Plan of Subdivision 30T-95015 (Activa Development Corporation) and west of Fischer Hallman Road. The storm water management pond may be constructed in two stages, to the satisfaction of the City's Director of Engineering, to accommodate individual development areas contributing to this facility, provided that a permanent outlet is established with the first stage of the pond. The ultimate storm water management pond for the area shall be located partially within Block 14 (Stage 2) of Plan of Subdivision 30T-97025 (lan Cook) and partially on adjacent lands within Block 7 (Stage 1) of Plan of Subdivision 30T-96006 (Harding et al) with one fixed outlet. 6.13 The SUBDIVIDER agrees that prior to development of Stage 1 that Helena Feasby Street shall be extended from Max Becker Drive to Bleams Road in order to provide appropriate access. 6.14 The SUBDIVIDER agrees to provide a 3.0 metre landscape buffer on the rear lots within Block 2 and Block 3 (Stage 1) that abut the commercial office site proposed within Site Plan SP 03/29/M/CB. That landscape plan should be to the satisfaction of the Manager of Design and Development and installed within the affected lots immediately after occupancy of such dwellings, or in the event of winter conditions shall be installed by June 1, immediately following occupancy. The SUBDIVIDER also agrees to advise potential homebuyers of the landscape buffer in all offers of purchase and sale. 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. The final plans for registration shall show all lots intended for development as single detached, semi detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. COUNCIL MINUTES OCTOBER 4, 2004 - 354 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) 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 agrees to stage the plan to the satisfaction of the Manager of Design and Development. The SUBDIVIDER agrees to show emergency access/secondary access, if required in accordance with City policy, on the final plans for registration to the satisfaction of the Manager of Design and Development. 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. 10. 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 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 COUNCIL MINUTES OCTOBER 4, 2004 - 355 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) (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. 11. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 12. 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. 13. 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. 14. 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. 15. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design and Development, a detailed written submission COUNCIL MINUTES OCTOBER 4, 2004 - 356 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. Further, the SUBDIVIDER shall submit to the City's Director of Planning a detailed summary of the number of units registered in the stage proposed for registration as well as previous stages registered in order to monitor registered units so that the 217 unit maximum is not exceeded. 16. The SUBDIVIDER agrees to convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: a) b) c) Blocks 16 and 17 (Stage 1) and Blocks 11 and 12 (Stage 2) for a 0.3m reserves; Block 7 (Stage 2) as Open Space; Block 15 (Stage 1) and Block 9 (Stage 2) as walkways. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. 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. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." 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. COUNCIL MINUTES OCTOBER 4, 2004 - 357 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) That the plan submitted for final approval may incorporate a lot pattern for all blocks in which single detached and semi-detached lots are permitted, at a density not exceeding the density identified on the draft approval. That the stormwater management report be submitted for approval for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. That a lot grading and drainage plan be submitted for approval for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 348 MASL, and include I the offers of purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it may not be removed by the owner. That the owner enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent maintenance free fence adjacent to Regional Road No. 58 (Fisher Hallman Road) in accordance with Regional policies and procedures, except where a noise wall is required in Condition 11 below. That prior to final approval the owner satisfy the requirements of Grand River Transit, relating to the operation of bus service within the plan, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. 10. Prior to final approval, the owner shall pay to the Region an amount satisfactory to the Region, acting reasonably, on account of its fair and equitable share of the cost of the extension of Fischer-Hallman Road between Activa Avenue and Bleams Road. This condition may be cleared upon payment to the Region of the above amount or upon written notification to the Region of an agreement between the owner and Activa Development Corporation with respect to this matter. 11. That the owner complete a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate traffic noise levels for all residential lots adjacent to Fischer Hallman Road, if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. 12. That the owner enters into an agreement with the Regional Municipality of Waterloo to prohibit access to Blocks 1 and 2 from Fischer-Hallman Road. 4. OTHER AGENCY CONDITIONS That prior to final approval of Stage 2, the owner agrees to make satisfactory arrangements with the Waterloo Region District School Board with respect to Block 8, Stage 2. 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 COUNCIL MINUTES OCTOBER 4, 2004 - 358 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) of Planning, Housing and Community Services Conditions 3.1 to 3.12 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 2.2.9 and 2.2.10 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 2.2.8 and 2.2.10 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 Waterloo Region District School Board that Condition 4.1 has been carried out to the School Board. The clearance letter from the School Board shall include a brief statement detailing how the condition has been 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 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. COUNCIL MINUTES OCTOBER 4, 2004 - 359 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) 10. 11. 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). 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 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. 12. Final Plans - Subdivision 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. OCTOBER 4, 2004 COUNCIL MINUTES - 360 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 5. (Cont'd) 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 payment of Development Charges for the 26-unit multiple dwelling development proposed by Betzner Brownstones at 555 King Street East be deferred until six months after the building permit is issued, subject to the owner entering into a deferral agreement to the satisfaction of the City Solicitor. That zone change application ZC 03/27/R/TMW (1100 River Road East), to change the zoning on the subject lands, legally described as Plan 1278, Part Lot 11, Registered Plan 58R-6822, Part 2, for the City of Kitchener, from Residential Nine Zone (R-9) to Neighbourhood Shopping Centre Zone (C-2), as set out in the form shown in the "Proposed By-law", dated September 2, 2004, attached to Development and Technical Services Department report DTS-04-136, be refused. (Dealt with under Delegations and Carried) COMMUNITY SERVICES COMMITTEE - That the Mayor and City Clerk be authorized to execute a Cooperative Agreement with Lutherwood (55 Plus Employment Services), as attached to Community Services Department report CSD-04-166, subject to the satisfaction of the City Solicitor. That staff be directed to proceed with detailed signage design and specific site selections for Kitchener's Highway 401 City entrance signage features, and report back to the Community Services Committee with recommendations for review and approval; and further, That Council confirms to staff that the City of Kitchener's logo is to be the overall theme of the City entrance signage features to be constructed along the Highway 401 corridor. That no action be taken on the staff recommendation contained in Community Services Department report CSD-04-152, dealing with a grant request by the Bethany Evangelical Missionary Church; and further, That staff be directed to continue the practice of providing a 200-seat bleacher at no cost to the Bethany Evangelical Missionary Church for their annual Christmas Pageant to be held December 3 to 5, 2004. That a one time general provision grant in the amount of $1,000 be approved to the Tamil Cultural Association of Waterloo Region to assist with expenses related to hosting their "4th Annual Cultural Nite" on October 16, 2004. That a one time general provision grant in the amount of $5,000 be approved to the Canadian Authors Association, Waterloo-Wellington Branch, to assist with expenses for their National Conference to be held in Kitchener on June 23 to 26, 2005, specifically for expenses related to the "Spoken Word Cafb" reception, "Meet the Authors" event, and sponsorship of two youth and two seniors (Kitchener residents) as full participants of the conference. (Dealt with under Delegations and Carried, on a Recorded Vote) OCTOBER 4, 2004 COUNCIL MINUTES - 361 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That subject to further discussion with the owner of the Kaufman building respecting the feasibility of leaving the Kaufman Steam Engine in its current location, an amount of $25,000 for the removal, restoring and reinstallation of the Kaufman Steam Engine be included in the 2005 Capital budget process. FINANCE AND CORPORATE SERVICES COMMITTEE - That the request of K-W Oktoberfest Inc. and the Community Services Department to allow the following vendors and/or activities to take place on City property during the 2004 Oktoberfest, be approved, provided the necessary licences, including Health and Fire approvals are obtained: · 2 beer and food tents, one on Frederick Street at King Street, the other at Your New Kitchener Market; · 4 food vendors on Benton Street; · 1 food vendor on King Street in front of Four Points Sheraton Hotel; · 7 tents/stages/activity areas, 5 on Benton Street, 1 on Frederick Street, and 1 in the parking lot on Goudies Lane; and, That those selling food provide proof of insurance naming the City of Kitchener as an additional insured; and further, That building permits be obtained for any tents, if required. (Carried, as Amended) That the proposed 2005 schedule of Council and Standing Committee meetings contained in Corporate Services Department Report CRPS-04-171, be adopted. (Deferred and referred to the October 18, 2004 Finance and Corporate Services Committee meeting for further consideration) That the City enter into and the Mayor and Clerk be authorized to execute a short term lease agreement with Kitchener-Waterloo Multicultural Centre Inc. in a form satisfactory to the City Solicitor, for the leasing of 102-104 King Street West, Kitchener. That Council Policy 1-590 (Grant Program - Environmental Stewardship) be repealed and replaced, and renamed the 'Community Environmental Improvement Grant Program' to be funded from the Environmental Stewardship Capital Account; and further, That the Terms of Reference for the 'Community Environmental Improvement Grant Program' as contained in Corporate Services Department report CRPS-04-172, be approved. That the Mayor and Clerk be authorized to execute any documentation required by the City Solicitor to reduce the Fee Schedule for use of the Victoria Park Boathouse by Cindy Ward from $1,300 a month to $800 a month for the months of October 2004 to April 2005, inclusive. (Dealt with under Delegations and Carried) That the Shared Services Program between the Cities of Kitchener and Waterloo, as outlined in Chief Administrative Officer report CAO-04-003, be approved; and further, That a Shared Services Advisory Committee be established, having as its core membership representatives from both Cities' CA©'s Office, Finance, Communications and Human Resources, with other staff as required on a project by project basis. OCTOBER 4, 2004 COUNCIL MINUTES - 362 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS- 1. Doq Desiqnation Appeal Decisions - Various It was resolved: "That the September 20, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Anne Faulkner, wherein the Committee hereby rescinds the Dangerous Dog Designation, and substitutes the designation of Potentially Dangerous Dog, be ratified and confirmed." - and - "That the September 20, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Mary MacNeil, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the September 20, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Kenneth Kieswetter, wherein the Committee rescinds the Dangerous Dog designation, and substitutes the designation of Potentially Dangerous Dog, be ratified and confirmed." 2. Various Tenders Dealt with under delegations. 3. Sale of Tickets - Heart & Stroke Foundation of Ontario Council considered Corporate Services Department report CRPS-04-166 (J. Koppeser), dated September 9, 2004, advising of no objection to the sale of raffle tickets. It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge St., 4th Floor, Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from January 26, 2005 to March 4, 2005 with draws to be held at Miratel Solutions Inc., 2501 Steeles Avenue West, Suite 200, Toronto, Ontario." 4. Committee of Adjustment Decision Dealt with under delegations. COUNCIL MINUTES OCTOBER 4, 2004 - 363 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Consent to Construction Mortqa.qe - 50 Washburn Drive (Royal Bank) Council was in receipt this date of Corporate Services Department report CRPS-04-178 (L. MacDonald) requesting consent to a construction mortgage in compliance with restrictive covenants registered on title of 50 Washburn Drive. It was resolved: "That the property described as Part Lot 12, Registered Compiled Plan 1471, designated as Part 1 of Reference Plan 58R-14392 and municipally known as 50 Washburn Drive, Kitchener is requesting consent for a construction mortgage in compliance with the restrictions set out in Schedule "A" to Instrument No. WR28952; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show consent to the mortgage between 1581662 Ontario Inc. and Royal Bank, in compliance with the restrictions set out in Section 2 in the Schedule of the Application to Annex Restrictive Covenants registered as Instrument No. WR28952 respecting the property described as Part of Lot 12, Registered Compiled Plan 1471, designated as Part 1 of Reference Plan 58R-14392 and municipally known as 50 Washburn Drive, Kitchener.'