Loading...
HomeMy WebLinkAboutCouncil Minutes - 2002-02-18 SCOUNCIL MINUTES JANUARY 28, 2002CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the playing of “O Canada” by the Sunnyside Public School Brass Quintet. On motion by Councillor J. Ziegler, the minutes of the regular meeting of January 14, 2002, were amended, page 28, with respect to Committee of Adjustment Submission No. SG 2002-001, to note that the rationale for approval of the submission is that the sign is located in an area significantly lower than the road and beside an overpass, and extends only 24’ above the grade of the road. It was requested that the January 18, 2002 Special Council Minutes be removed from the list of Minutes to be adopted by Council. On motion by Councillor G. Lorentz, the minutes of the regular meeting held January 14, 2002, as amended, and special meetings held January 7, 14 & 21, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz “That Tender T01-032 – Fire Apparatus Refurbish Emergency Support/Rescue Vehicle, be Almonte Fire Trucks, Carleton Place, Ontario awarded to , at their tendered price of $82,299., plus G.S.T. “ - and - “That Expression of Interest E01-135, Consultant Services – Preparation of HVAC Specifications to assist Facilities Management on Various City Projects, be awarded to Demaiter Engineering Inc., Waterloo and Hydromantis, Inc., Cambridge, for a two year period commencing February 1, 2002 and terminating January 31, 2004, at an estimated contract value of $40,000. “ - and - “That Expression of Interest E01-136, Consultant Services – Preparation of Electrical Specifications to assist Facilities Management on various City projects, be awarded to Demaiter Engineering Inc., Waterloo and Mighton Engineering Ltd., Kitchener, for a two year period commencing February 1, 2002 and terminating January 31, 2004, at an estimated contract value of $80,000.” Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning, appeared in support of Clause 6 of Development & Technical Services Committee report (January 21, 2002). Councillor M. Galloway declared a pecuniary interest in regards to Clause 6 of the Development & Technical Services Committee report, as he owns property in the vicinity and within the circulation area for Zone Change Application ZC 96/29/W/LM, and did not participate in any discussion or voting with respect to Clause 6. Mr. Britton advised that Max Becker Enterprises Limited, and Mr. & Mrs. F. Rosner, owners of 1375 Bleams Road, have in principle reached an agreement to bring municipal water to their property line, at the developer’s expense. The agreement is subject only to consideration by their solicitor. Mrs. F. Rosner was in attendance to confirm that an agreement in principle has been reached with respect to the supply of municipal water to their property at 1375 Bleams Road. Councillor G. Lorentz referred to a letter received from Mr. & Mrs. D. Haddad, owners of 1385 Bleams Road, whose circumstances appear to be similar to those of Mr. & Mrs. Rosner. Mr. Britton advised that his client will give similar consideration to the Haddad’s request as to the Rosner’s request. COUNCIL MINUTES JANUARY 28, 200241CITY OF KITCHENER - - Councillor C. Weylie noted that the Region of Waterloo has requested an additional condition, with respect to sharing the cost for the extension of Fischer-Hallman Road between Activa Avenue and Bleams Road. Mr. Britton advised that his client is aware of this condition and in agreement with it. Council generally agreed to amend Clause 6 of the Development & Technical Services Committee report to add Condition 13. to the Regional Municipality of Waterloo conditions. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Clause 6 of the Development & Technical Services Committee report (January 21, 2002), be adopted, as amended.” Carried. Ms. Linda Homeniuk, Vice-President of Homeniuk Rides Incorporated, appeared in support of Clause 1 of the Finance and Corporate Services Committee report regarding the proposed midways at Optimist Park and Weiland Ford locations. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Clause 1 of the Finance and Corporate Services Committee report be adopted.” Carried. Council was in receipt this date of Strategic Services Department report SSD-02-002, dated January 28, 2002, recommending adoption and use of a new logo for the City of Kitchener, as well as the continued use of the City’s existing crest/seal for official documents under the signature of the Mayor, Council and City Clerk. Ms. R. Pitfield was in attendance to present the logo which was chosen by a balloting process, participated in by residents and City staff. Ms. Pitfield advised that over 68,000 ballots were delivered to Kitchener households of which 1,372 or 2%, were returned. As well the City’s web site allowed electronic voting on the logos. The ballots and web voting were tabulated resulting in 66% voting for the Clock Tower Logo, 18% for the Leaves Logo and 16% for neither logo. Ms. Pitfield pointed out that the two colour Clock Tower Logo is less expensive to reproduce than the current four colour Crest. She recommended that Council adopt the use of the Clock Tower Logo, the change to this logo to be phased, starting February 18, 2002. Several Councillors spoke in support of the Clock Tower as the City’s new logo and thanked staff for the work undertaken in this regard. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie “That Council approve and adopt the Clock Tower Logo, as selected by the residents and staff of the City of Kitchener, as the new Corporate logo for the City of Kitchener; and, That the City of Kitchener implement, through a gradual phase-in process, the use of the new Corporate logo effective February 18, 2002; with materials such as letterhead and business cards, presently bearing the shield to be used until stock is depleted; and further, That the City of Kitchener shield/crest be maintained and used as the official seal of the Corporation of the City of Kitchener, and used for all official documents originating from the Mayor, Council and the City Clerk.” Carried. Mr. George Demetriou, Felicity’s Night Club, was in attendance to again voice his concerns with respect to the City’s by-law stipulating closing hours for licensed establishments, and offered his opinion that this by-law is specifically directed at his business is unfair and serves no purpose. He COUNCIL MINUTES JANUARY 28, 200242CITY OF KITCHENER - - asked that Council comment on why it is so persistent in enforcing this by-law with respect to his business as opposed to other business. Mayor C. Zehr noting there were no comments from Council advised that pre-hearing and hearing dates have been set concerning the charges against Felicity’s Night Club. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee (January 7, 2002) be deferred and referred to the Council meeting of February 25, 2002.” Carried. 2.Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee (January 21, 2002), be adopted, as amended.” Voted on Clause by Clause. Carried. Clause 4 – Dealt with under Delegations and Clause 6 – Carried, as Amended. Carried. Balance of report – Pecuniary Interest & Absention: Clause 4 - Mayor C. Zehr as his spouse has an interest in a property in the study area. Clause 6 – Councillor M. Galloway as he owns property in the circulation area for this zone change. 3.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That the report of the Community Services Committee be adopted.” Councillor M. Galloway noted his opposition to Clause 8 of the report and requested it be voted on separately. Voted on Clause by Clause. Carried. Clause 8 – Carried. Clause 9 – Carried. Balance of report – Pecuniary Interest & Absention: Clause 9 – Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. 4.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Corporate Services Committee be adopted.” Voted on Clause by Clause. COUNCIL MINUTES JANUARY 28, 200243CITY OF KITCHENER - - Dealt with under Delegations and Clause 1 – Carried. Carried. Balance of report – Councillor B. Vrbanovic referred to the development of a gas station at the corner of Lackner Boulevard and Zeller Drive. He acknowledged the use is in compliance with the Zoning By-law, but suggested it may not be the most compatible use adjacent to residential properties. He directed staff to investigate the possibility of restricting the permitted uses in the Convenience Commercial designation, for those properties adjacent to Residential Zones, to compatible uses. Mr. Stanley advised that such an investigation can be included as part of the current Municipal Plan review. Mayor C. Zehr commented on Regional issues and first referenced the partnership between the Region and Lutherwood-CODA in the establishment of the Rent Bank and Eviction Prevention Pilot Project for a one-year period. He then advised of Regional Council’s opposition to the creation of Smart Growth Councils, as being a third level of unaccountable planning or governance. Mayor Zehr then advised that Regional Council has adopted all but the clause regarding decriminalization, of this Council’s resolution with respect of marijuana home-grow operations. At the request of Mr. G. Sosnoski, it was agreed to add three zoning by-laws for three readings relating to Clauses 2, 3 and 6 of the Development & Technical Services Committee report (January 21, 2002) considered this date. 5.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)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. (b)To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (c)Being a by-law to provide for the establishing and laying out of part of Bramblewood Street as public highway in the City of Kitchener. (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)Being a by-law to provide for a 2002 Interim Tax Levy and for the payment of 2002 Interim Taxes. (f)Being a by-law to establish a Penalty Charge for non-payment of current taxes. (g)Being a by-law to provide for interest to be added to tax arrears. (h)Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (i)To confirm all actions and proceedings of the Council. (j)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener. (k)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Highland Road West – Concession Holdings. (l)Being a by-law to amend By-law 85-1, known as the Zoning By-law – Max Becker Enterprises Limited – Fischer-Hallman Road and Max Becker Drive. COUNCIL MINUTES JANUARY 28, 200244CITY OF KITCHENER - - 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “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. 7.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That the by-laws listed on the agenda for third reading, namely: (a)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. 2002-21) (b)To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2002-22) (c)Being a by-law to provide for the establishing and laying out of part of Bramblewood Street as public highway in the City of Kitchener. (By-law No. 2002-23) (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. 2002-24) (e)Being a by-law to provide for a 2002 Interim Tax Levy and for the payment of 2002 Interim Taxes. (By-law No. 2002-25) (f)Being a by-law to establish a Penalty Charge for non-payment of current taxes. (By-law No. 2002-26) (g)Being a by-law to provide for interest to be added to tax arrears. (By-law No. 2002-27) (h)Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-28) (l)To confirm all actions and proceedings of the Council. COUNCIL MINUTES JANUARY 28, 200245CITY OF KITCHENER - - (By-law No. 2002-29) (j)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener. (By-law No. 2002-30) (k)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Highland Road West – Concession Holdings. (By-law No. 2002-31) (l)Being a by-law to amend By-law 85-1, known as the Zoning By-law – Max Becker Enterprises Limited – Fischer-Hallman Road and Max Becker Drive. (By-law No. 2002-32) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 7:50 p.m. MAYORCLERK COUNCIL MINUTES JANUARY 28, 200246CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (January 7, 2002 Meeting) 1.1)That the City’s Tree Management Policy adopted in September 1994 be replaced with the Tree Management Policy document dated revised November 2001, attached to Development and Technical Services Department report DTS-01-046-BPS, as further revised to include the following recommendations 2 through 12 from the report. 2)That the Standard Residential Subdivision Agreement as approved by City Council be amended by the City Solicitor in consultation with the Development and Technical Services Department to revise existing Tree Management conditions to implement the changes to the Tree Management Policy as recommended herein. 3)Relative to the Council resolution passed on February 6, 1995 requesting the Department of Planning and Development to monitor the effectiveness of the approved Tree Management Policy, it is recommended that no financial securities be required to ensure lot grading and tree management and, instead, the Development and Technical Services Department implement measures directed towards improved communication with and among the Subdivider’s consultants providing grading and tree management services, and educational initiatives for property owners who own, or are adjacent to, areas containing trees to ensure long-term protection. 4)That for Plans of Subdivision, the Subdivider will ensure that: a) the grading consultant will certify that the Detailed Vegetation Plan and/or the Tree Preservation/Enhancement Plan conform(s) to the Lot Grading Control Plans; and b) the environmental consultant will certify the Lot Grading Control Plan conforms to the Detailed Vegetation Plans and/or the Tree Preservation/Enhancement Plan;. prior to approval of said plans by the Development and Technical Services Department. 5)That the Grading and Environmental Consultant confirm in writing to the Directors of Planning and Building that for each particular lot/block, the grading and tree management plans have been implemented in accordance with the approved plans prior to the City issuing the Final Grading Certificate. 6)That the Subdivider confirm in writing to the Director of Planning that: a) the first time home or building owner has received a copy of the approved grading and tree management plans along with written instructions on proper tree stewardship for tree(s) on their Lot/Block or; b)that the Subdivider has provided the builder with the approved grading and tree management plans along with written instructions on proper tree stewardship for tree(s) regarding the Lot/Block noted above, with the understanding that the builder will give this material to the first time home or building owner in accordance with Section 1.22 of the Standard Subdivision Agreement prior to occupancy. 7)That all lands to be conveyed to the City as Park are to be free of any dead or hazardous trees (in locations were there is a safety issue), dump sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural material/disturbances that are considered dangerous to the public or would be an inherited liability. The above noted items are to be removed or properly treated to the satisfaction of the Department of Community Services in consultation with the Director of Planning prior to final approval of the Plan to be registered. Such lands will continue to be free of construction debris for a period of two years from the date of registration of the subdivision. 8) That all lands to be conveyed to the City as Open Space or Hazard Lands are to be free of any dead or hazardous trees (in locations were there is a safety issue), dump sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural COUNCIL MINUTES JANUARY 28, 200247CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 1.8) Cont’d material/disturbances that are considered dangerous to the public or would be an inherited liability. The above noted items are to be removed or properly treated for a distance of 30 metres from any lot/block line and 10 metres on either side of a proposed or existing Community Trail, to the satisfaction of the Department of Community Services in consultation with the Director of Planning prior to final approval of the Plan, or appropriate stage of the Plan, to be registered which contain the lands to be conveyed to the City. In the event of winter conditions, the above noted requirements shall be completed by June 1 immediately following such transfer of title. 9)Where vegetation communities are identified as requiring a maintenance access for forestry management practices, a maintenance access is to be identified and provided with an appropriate width to the satisfaction of the Department of Community Services. 10)For all wooded wetlands which are to be conveyed to the City, the Environmental Consultant will monitor the wooded wetlands as required by the City to ensure compliance with the approved Subwatershed Master Plan, Environmental Impact Statement, Environmental Implementation Report, General Vegetation Overview, and/or the Detailed Vegetation Plan. If alteration of the quantity, quality, timing (hydroperiod), or direction of flow of surface or groundwater within or contiguous to the wooded wetlands results in an adverse environmental impact requiring any ecological restoration, any such ecological restoration activities will be the responsibility of the Subdivider. It is intended that this monitoring and maintenance period will be coordinated with the monitoring and acceptance on to maintenance, of the stormwater management facilities by the Development and Technical Services Department, or at a time acceptable to the General Manager of Development and Technical Services. 11) That the Subdivider is to install signage in accordance with the PARK BOUNDARY MARKER AND CITY BOUNDARY MARKER LOCATION drawings. Such signage is to be supplied by the Department of Community Services to the Subdivider. Signage is to be installed by the Subdivider prior to the final approval of the plan to be registered. Temporary signage installed on protective fencing must remain in good order until replaced by permanent markers and signage. 12)The Subdivider shall be responsible for the recommended location and construction of the Community Trails as identified in the review of the Draft Plan of Subdivision, to the satisfaction of the General Manager of Community Services. These Community Trails will be consistent with Community Plans, Subwatershed Master Plans (Greenspace Management Plans), Environmental Implementation Reports, General Vegetation Overviews, Leisure Facilities Strategic Plan, and Urban Design Standards for Community Trails. These trails are to be shown on the Lot Grading Control Plan(s), and located and analyzed for environmental impact in the Detailed Vegetation Plan. It is recognized that, in some instances, to eliminate or reduce unacceptable impacts to treed areas, alternative construction methods and/or locations may be required for trails. (Action deferred and referred to regular Council meeting of February 25, 2002) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (January 21, 2002 Meeting) 1. That Development & Technical Services Department report DTS-02-015 (Industrial land survey status report - Huron Business Park) be received for information. 2.That Zone Change Application ZC 01/30/TC/LM (City-initiated), requesting a comprehensive text change to the Commercial Campus Zone (C-8) to delete a regulation that restricts office type uses to 50% of the gross floor area of a plaza, be approved in the form shown in the "Proposed By-law", dated December 19, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with Municipal Plan Amendment #36. COUNCIL MINUTES JANUARY 28, 200248CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 3. That Zone Change Application ZC 01/17/H/SV (114 Highland Road West - Concession Holdings) to change the zoning on the subject lands from Convenience Commercial (C-1) Zone with Special Use Provision 1U to Convenience Commercial (C-1) Zone with a revised Special Use Provision 1U to permit the conversion of the subject property to a multiple residential with a maximum of 11 dwelling units, a convenience commercial building with office, or alternatively, a mix of residential/commercial uses, be approved in the form shown in the th, “Proposed By-Law”, dated December 17 2001. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 4.That Council accept the Schedule ‘B’, Class Environmental Assessment for the sanitary servicing for Kitchener’s Victoria Street North Area and portions of Breslau; and further, That Council recommend to the Township of Woolwich to pass a resolution accepting the Environmental Assessment report and file same for the mandatory 30 day review. 5.A.That City Council request the Regional Municipality of Waterloo to approve Municipal Plan Amendment 36 (New Commercial Policy Structure) with the following modifications: i) That a new Part 3, Section 4.7, “Public Participation”, be added as follows: 4.7Public Participation “ Site specific urban design studies will be required for Mixed Use Nodes, Planned Commercial Campus areas, and any other appropriate commercial areas, where such areas are either undeveloped or have substantial redevelopment opportunities and are immediately adjacent to existing lands zoned for low rise residential. These urban design studies shall involve consultation between the City, the commercial property owner(s), immediately affected residential landowners and, where applicable, adjacent residential neighbourhood associations. Such urban design studies are intended to address compatibility between new or redeveloped commercial sites and adjacent residentially zoned lands. Specifically, these urban design studies shall address the placement, orientation and setback of buildings and parking areas relative to the street and to adjacent residential areas; building height; site access driveways relative to impact on local residential streets; preservation of significant trees and vegetation; landscaping, including new or enhanced buffering and screening requirements; screening of rooftop heating, ventilation and air conditioning equipment; and design of site servicing facilities, including but not limited to, loading areas, garbage enclosures and site and building security lighting. In addition to the above, the urban design study shall also respect all applicable heritage and environmental policies contained within this Plan. Where an urban design study is completed for a Mixed Use Node, Planned Commercial Campus area or other appropriate commercial area, specific urban design requirements shall be adopted by resolution of City Council and implemented through the Site Plan Approval process. Where necessary and appropriate including public, such urban design requirements shall also be incorporated into the Zoning By-law.” ii) That Part 3, Section 4.1, “Primary Node”, be modified by deleting the phrase “…where on-site transit facilities are provided.” from the second sentence of the fourth paragraph and replacing it with the phrase “…where transit facilities are provided on-site or nearby.” iii) That Part 3, Section 4.2, and Part 3, Sections 13.9.3.12, “Mixed Use Node”, each be modified by deleting the second sentence of the fourth paragraph and replacing it with the following new sentence: COUNCIL MINUTES JANUARY 28, 200249CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 5.Cont’d “To strengthen these linkages, new development may be required to orient a portion of the building mass to the street, provide for integration of cycling, provide on-site pedestrian facilities, and provide pedestrian connections to abutting developments or off-site transit facilities.” iv) That Part 3, Section 4.3, and Part 3, Sections 13.1.2.9, 13.2.2.7, 13.3.3.13, 13.4.3.14, 13.5.3.6, 13.6.3.5, 13.7.3.5, and 13.9.3.12, “Mixed Use Corridor”, in each instance be modified by deleting the second sentence of the third paragraph and replacing it with the following new sentence: “To strengthen these linkages, new development may be required to orient a portion of the building mass to the street, provide for integration of cycling, provide on-site pedestrian facilities, and provide pedestrian connections to abutting developments or off-site transit facilities.” v) That Part 3, Section 4.4, “Planned Commercial Campus”, be modified by deleting the second sentence of the fourth paragraph in its entirety and replacing it with the following new sentence: “The City of Kitchener will require appropriate pedestrian facilities that provide for pedestrian movement along the street, between buildings and between the street and the buildings; and will work with the Regional Municipality of Waterloo to provide on or off-site transit facilities.” vi) That Part 3, Section 4.5 and Part 3, Sections 13.2.2.6, 13.4.3.6, 13.5.3.10, and 13.8.2.6, “Neighbourhood Mixed Use Centre”, in each instance be modified by adding the following new sentence to the end of the third paragraph: “The City of Kitchener will also provide for the integration of cycling.” B. That Site Plan Applications submitted prior to January 28, 2002 for processing under the existing Zoning By-law will be exempt from Section 4.7 (Part 3) of the Municipal Plan. The provisions of the existing Urban Design Manual will be implemented as deemed appropriate by staff, through the Site Plan Approval Process for all affected properties. C. That development on those properties currently zoned for commercial uses under the existing Zoning By-law will fall under the provisions of the existing Urban Design Manual until such time as the required urban design studies have been prepared and approved by City Council and the properties have been rezoned to implement the provisions of MPA #36. In the interim, the provisions of the existing Urban Design Manual shall be implemented as deemed appropriate by staff, through the Site Plan Approval Process for all affected properties. D. That the Development and Technical Services Department be directed to immediately commence urban design studies for Planned Commercial Campus areas which are immediately adjacent to existing residentially zoned lands, with such studies to be prepared in consultation with affected commercial and residential property owners. E. That the Development and Technical Services Department be directed to undertake urban design studies for Mixed Use Node areas which are immediately adjacent to existing residentially zoned lands, with such studies to be prepared in consultation with affected commercial and residential property owners. Commencement of such studies to be prioritized based on timing of current and expected development proposals. F. That the above referenced urban design studies be used as the basis for the preparation of additional regulations for the Planned Commercial Campus (C-8) Zone and a new zoning category to implement the Mixed Use Node designation. COUNCIL MINUTES JANUARY 28, 200250CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 5.Cont’d G. That City Council direct the Development and Technical Services Department to amend Council Policy I-705 (Public Participation in the Planning Process) to incorporate the following specific requirements concerning public participation in the City’s Site Plan Approval process: i) That all full site plan applications for new commercial development within Planned Commercial Campus, Mixed Use Node, and other appropriate commercial areas, be circulated to all immediately adjacent low rise residential land owners and, where applicable, Neighbourhood Associations, for information and comment. ii) That a maximum of two (2) representatives for the adjacent residents and/or Neighbourhood Association be invited to attend the regularly scheduled meeting of the Site Plan Review Committee for each site plan circulated to residents and/or a Neighbourhood Association. iii) That all resident and/or Neighbourhood Association comments be provided to the Manager of Design and Development prior to or at the regularly scheduled Site Plan Review Committee meeting. H. That the Voisin Development Limited Lands, located at the intersection of Ottawa Street South and Fischer-Hallman Road, be exempt from Section 4.7 (Part 3) of the Municipal Plan. I. That with respect to Section 4.7 and the Max Becker Enterprises Ltd. property described as Part of Lots 5 and 6, Registrar's Complied Plan 1470, it is deemed unnecessary that the urban design requirements be incorporated into the Zoning By- law. 6.A.That Zone Change Application ZC 96/29/W/LM (Max Becker Enterprises Limited) requesting a change in zoning from Agricultural Zone (A-1) to Public Park (P-1), Hazard Land (P-3), Residential Four Zone (R-4), Residential Six Zone (R-6), Residential Seven Zone (R-7), Residential Eight Zone (R-8) with Special Regulation Provision 355, Neighbourhood Commercial Zone (C-2) with Special Regulation Provision 356 and 369 and Community Institutional (I-2) on lands legally described as Part of Lots 5 and 6, Registrar’s Compiled Plan 1470, be approved in the form shown in the "Proposed By- law", dated January 17 2002, attached to report DTS-02-021-BPS, without conditions as amended by reflecting that under special condition 355 c) the maximum building height for multiple dwellings shall be 30.0 metres. B.That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Subdivision Application 30T-96005, in the City of Kitchener, for Max Becker Enterprises Limited, subject to the following conditions: 1.That this approval applies to Plan of Subdivision 30T-96005 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited last revised December 18, 2001 and as shown on the Plan of Subdivision prepared by the City of , Kitchener dated January 17, 2002attached to report DTS-02-021-BPS, which shows the following: Stage 1A Block 1- commercial/office Blocks 2, 3- 0.3 metre reserves Stage 1B- maximum 207 units Blocks 3-5, 10, 11- single and semi-detached Blocks 1, 2, 6, 7, 8, 9, 12- multiple residential COUNCIL MINUTES JANUARY 28, 200251CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d Block 13- park Blocks 14- storm drainage/walkway Blocks 15-17- 0.3 metre reserves Stage 1C Block 1- open space/storm water management Block 2- storm drainage Blocks 3-6- 0.3 metre reserves Stage 2- maximum 160 units Block 1- residential/commercial office Stage 3- maximum 317 units Block 1- multiple residential Stage 4- maximum 116 units Blocks 3, 4- single and semi-detached Blocks 1, 2, 5, 6 - multiple residential Block 7- 0.3 metre reserve Stage 5- maximum 149 units Blocks 1-3- multiple residential Block 4- institutional/residential Blocks 5-7- 0.3 metre reserves Stage 6- maximum 23 units Blocks 1, 2- multiple residential Block 3- future development Block 4- temporary road Block 5- 0.3 metre reserve Stage 7- maximum 64 units Block 1- residential/commercial office Block 2- service station/commercial Stage 8maximum 144 units - Block 1- multiple residential Total424 to 1180 units - 2.CITY OF KITCHENER CONDITIONS: 2.1That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the Plan of Subdivision dated January 17, 2002 and which shall contain the following special conditions: Section 1 General Conditions 1.27 The SUBDIVDER agrees that the maximum number of units within each stage to be registered shall be those shown on the plan of subdivision and that all future development applications shall not exceed the maximum number of units shown in each stage. In no case shall the total number of units for the entire plan of subdivision exceed 1180. 1.28 The SUBDIVIDER agrees that the plan shall be registered in seven stages in accordance with the following: COUNCIL MINUTES JANUARY 28, 200252CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d a) Stage 1A or Stage 1B must be registered first and may be registered in any order, however, Stage 1C must register concurrently with the first stage to be registered; b) Stage 2 shall be registered concurrently with or at any time subsequent to Stage 1A or Stage 1B; c) Stage 3 and Stage 4 may be registered in any order and concurrently with or at any time subsequent to the registration of Stage 1B; d) Stage 5 shall be registered concurrently with or subsequent to the registration of Stage 1A and Stage 4; e) Stage 6 shall be registered either concurrently with or at any time subsequent to the registration of Stage 5; f) Stage 7 shall be registered either concurrently with or at any time subsequent to the registration of Stage 1A. g) Stage 8 shall be registered either concurrently with or at any time subsequent to the registration of Stage 1B. Section 3Prior to Servicing 3.17The SUBDIVIDER make satisfactory financial arrangements with Engineering Services for construction of a 1.5 metre concrete sidewalk along the entire Fischer Hallman Road frontage of the property. Section 4Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Engineering Services or Chief Building Official. 4.23a) The SUBDIVIDER agrees to construct a permanent centralized storm water management facility for Stages 1A, 4, 5, 6 and 7 on adjacent lands, in Draft Plan of Subdivision 30T-96006 (Harding et al). Such permanent storm water management facility shall be designed to function together with and share a common outlet structure with the permanent storm water management facility on abutting lands within Draft Plan of Subdivision 30T-97025 (North Estate Farms Limited and Estate of Morton Norris) to the satisfaction of the City’s Engineering Services. The SUBDIVIDER further agrees to submit a Preliminary Stormwater Management Strategy for the permanent storm water management facility to the satisfaction of the City’s Engineering Services, in consultation with the Grand River Conservation Authority, prior to the registration of Stages 1A, 4, 5, 6 or 7. b)In the event the SUBDIVIDER registers any of Stages 1A, 4,5, 6 or 7 of this plan prior to the implementation of a centralized stormwater management facility located on additional adjoining lands in Plan of Subdivision 30T-96006, owned by the SUBDIVIDER, the SUBDIVIDER agrees to construct and maintain, at his cost, a temporary stormwater management scheme to the satisfaction of the City’s Engineering Services in consultation with the Grand River Conservation Authority, prior to the issuance of building permits for Stage 1A, Blocks 1, 2 and 3 of Stage 4 and all blocks within Stages 5, 6, and 7. The temporary stormwater management facility shall be in accordance with Addendum to the EIR (MTE Consultants Inc. dated September 14. 2001 and October 2, 2001). Once the permanent stormwater management facilty is constructed and operational, the SUBDIVIDER agrees to remove the temporary facility, at his cost. COUNCIL MINUTES JANUARY 28, 200253CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d Section 6Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Cotton Grass Street and/or Max Becker Drive 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 Engineering Services. 6.11The SUBDIVIDER agrees that Max Becker Drive shall be constructed, at the developer’s cost, through stages 1A, 5 and 6 to the westerly limit of the plan and opened to public vehicular traffic immediately upon the request of the CITY if required to complete transportation links within the community, to the satisfaction of the CITY’s Engineering Services. 6.12The SUBDIVIDER agrees the internal street for Stage 1A be developed in accordance with the location shown for the proposed street layout for the plan of subdivision. 6.13The SUBDIVIDER agrees to provide financial security to the satisfaction of the Engineering Services for the removal of the traffic circles on Max Becker Drive and Cotton Grass Street, and retrofitting of the intersection to a standard intersection, with signals if required, should the CITY determine that the traffic circles are not operating correctly and need to be removed. The CITY will hold said securities until Max Becker Drive is completed through Draft Approved Plan of Subdivision 30T-97025 (Norris-Sternberg) to Draft Plan of Subdivision 30T- 95015 (Activa) and the operation of the traffic circles has been monitored by the developer for a period of one year after Max Becker Drive has been completed and open to the public. 2.2That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY’S Assistant General Manager of Business and Planning Services and shall obtain approval therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY’S Assistant General Manager of Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. 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. COUNCIL MINUTES JANUARY 28, 200254CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d 6. 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. 7. 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 Assistant General Manager of Business and Planning Services. (b)to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Assistant General Manager 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 Assistant General Manager of Business and Planning Services or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Assistant General Manager of Business and Planning Services, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 8.The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY’S Assistant General Manager of Business and Planning Services, 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 Assistant General Manager of Business and Planning Services; 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 COUNCIL MINUTES JANUARY 28, 200255CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d 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 Assistant General Manager of Business and Planning Services; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY’S Department of Development and Technical Services. 10.The SUBDIVIDER agrees that the conveyance of Block 13, Stage 1B and Block 1, Stage 1C shall satisfy the 5% parkland dedication requirement for this Plan of Subdivision (30T-96005), Plan of Subdivision 30T-96006, 30T-01207 and 30T- 93005 as outlined in the Parkland Deferral Agreement registered on title under Instrument Number LT 0018338. The SUBDIVIDER further agrees that any additional development of the Block 13, Stage 1B shall be at the cost of the developer and to the satisfaction of the General Manager of Community Services. 11.The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY’S General Manager of Community Services and to obtain therefrom, approval of such plans. 12.To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY’S Assistant General Manager of Business and Planning Services, 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. 13.The SUBDIVIDER agrees to prepare a functional study for each traffic circle to obtain approval of said study from the CITY’s Director of Traffic and Parking. 14.To convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: STAGE 1A a)Blocks 2 and 3 for 0.3 metre reserves; STAGE 1B b) Block 13 for park purposes; c)Blocks 15 to 17 inclusive for 0.3 metre reserves; STAGE 1C c) Block 1 for open space, storm water management and open space purposes; d) Blocks 3 to 6 for 0.3 metre reserves; COUNCIL MINUTES JANUARY 28, 200256CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d STAGE 4 e)Block 7 for 0.3 metre reserve; STAGE 5 f)Blocks 5 to 7 inclusive for 0.3 metre reserves; and STAGE 6 f) Block 5 for 0.3 metre reserve 3.REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. 2. That the 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. 3. a)That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b)That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: “The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment 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.” 4. 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 JANUARY 28, 200257CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d 5. That 50 foot daylight triangles be established at the intersection of Regional Road No. 58 (Fischer-Hallman Road) and Max Becker Drive and that 25 foot daylight triangles be established at the intersection of Regional Road No. 58 (Fischer-Hallman Road) and Cotton Grass Street, and that the daylight triangles be dedicated on the final plan as public highway to the appropriate authority. 6. That the owner obtain a Regional Road Access Permit for the intersection of Regional Road No. 58 (Fischer-Hallman Road) and Cotton Grass Street and the intersection of Regional Road No. 58 (Fischer-Hallman Road) and Max Becker Drive. 7.That the owner enter into an agreement with the Regional Municipality of Waterloo to provide a left turn land for northbound traffic entering the subdivision from Regional Road 58 (Fischer Hallman Road) at Cotton Grass Street and the owner further agrees to provide a letter of credit equal to all costs of construction of the left turn lane. 8.That a lot grading and drainage control plan and storm water management report be submitted for approval, for the entire draft plan of subdivision, to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services where lands drain to a Regional facility. 9.That prior to final approval of the plan, the owner prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels for the entire plan, and if necessary the owner shall enter into a subdivision agreement with the Regional Municipality of Waterloo to provide for implementation of the approved study attenuation measures prior to the issuance of building permits. 10.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 (Fischer-Hallman Road) in accordance with Regional policies and procedures, adjacent to residential uses, except where a noise wall is required in Condition 9 above. 11.That the owner enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit constructed below 337 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. 12.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. 13.Prior to final approval, the owner shall pay to the Regional Municipality of Waterloo 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. 4.OTHER AGENCY CONDITIONS 1.That prior to the commencement of any grading or construction on the site, and prior to registration of any stage of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: COUNCIL MINUTES JANUARY 28, 200258CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d a) A final storm water management report and plans in accordance with the Ministry of the Environment and Energy planning and design guidelines, the Laurentian West Master Drainage Plan, the Laurentian West Community Plan Environmental Review and the approved Preliminary Stormwater Management Strategy for the lands draining to the Borden and Strasburg Watersheds as outlined in the Environmental Implementation Reports and Addendum. b) A final lot grading and drainage plan showing conceptual grading and drainage system including the limits of all grading and drainage as well as existing and proposed grades. c) An erosion and siltation control plan in accordance with the Grand River Conservation Authority’s Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) A permit pursuant to Ontario Regulation 149, as amended, for any construction or alteration within any area regulated under the Grand River Conservation Authority’s Fill, Construction and Alteration to Waterways Regulation, if necessary. 2.That the Subdivider’s Agreement between the owners and the municipality contain provisions for the completion and maintenance of the works in accordance with the approved plans and reports noted in Condition 4.1 above. 5.CLEARANCE CONDITIONS 1. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the Assistant General Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1-3.12 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. 2. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by the Grand River Conservation Authority that Conditions 4.1 and 4.2 have been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. 3. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by the telephone company that Conditions 2.2.6 and 2.2.7 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 4. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.5 and 2.2.7 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. COUNCIL MINUTES JANUARY 28, 200259CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d 6.NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement 4. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Fees 5. 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 6. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management 7. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 8. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. COUNCIL MINUTES JANUARY 28, 200260CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.Cont’d Planning Act Applicability 9. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement 10. The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision 12. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the [enter title of person(s) authorized to sign plan], signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One(1)original mylar Four(4)mylar copies Four(4)white paper prints (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JANUARY 28, 200261CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – 1. That the City of Kitchener enter into a Co-operative Agreement with the Kitchener Senior Volunteers Services Inc., as attached to Community Services Department report CSD-02-003 dated January 10, 2002; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the Co-operative Agreement. 2. That the Hosting Agreement dated January 7, 2002 for the 2002 Ontario Summer Games be approved, as amended, and as attached to Community Services Department report CSD-02- 032 dated January 15, 2002; and further, That subject to the satisfaction of the City Solicitor, the Mayor and City Clerk be authorized to execute the Hosting Agreement. 3. That subject to the satisfaction of the City Solicitor, the 2002 Ontario Summer Games Organizing Committee (GOC) and the Executive Committee Chair be delegated authority to execute various agreements as outlined in Community Services Department report CSD-02- 035 dated January 15, 2002. 4. That an all-way stop control be installed at the intersection of Stirling Avenue South and Greenbrook Drive; and further, That this intersection control be monitored for several months to determine if it results in any negative impact to the intersection of Stirling Avenue South and Homer Watson Boulevard; and further, That the Uniform Traffic By-law be amended accordingly. 5. That parking be prohibited at anytime on the east side of Misty Street, between Keewatin Avenue and Otterbein Road; and further, That the Uniform Traffic By-law be amended accordingly. 6. That the Values and Goals of the New Kitchener Market be approved, as developed by the New Market Advisory Group and staff, and as outlined in Appendix 1 of Community Services Department report CSD-02-031 dated January 11, 2002; and, That the Market Research Report be accepted, as prepared by CIC Innovation Consultants Inc., as outlined in Appendix 2 of the report; and, That the Tenant and Merchandise Mix Plan be approved as a guideline for the recruitment of full time and part time vendors for the New Kitchener Market, as outlined in Appendix 3 of the report; and, That the proposed Operating Budget Objectives for the New Market be approved, as outlined in Appendix 4 of the report; and further, That staff be directed to prepare a detailed presentation of the proposed business plan when completed, including a breakdown of all operating costs associated with the new market and components of the proposed Management Plan, for consideration of the Community Services Committee at a future date. 7. That staff be directed to prepare format options for the 10th Annual Festival of the Night celebration in 2002 with a report to be submitted to the Community Services Committee for consideration at a future date. 8. That an all-way stop control not be installed at the intersection of Activa Avenue at Bushclover Crescent/Wilderness Drive; and further, COUNCIL MINUTES JANUARY 28, 200262CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 8.(Cont’d) That the operation of this intersection continue to be monitored as development proceeds within the subdivision. 9. That staff of Traffic and Parking Services be directed to review City staff parking policies to be completed by May 31, 2002 with a report to be submitted to the Community Services Committee for consideration at its meeting to be held on June 10, 2002. FINANCE AND CORPORATE SERVICES COMMITTEE – 1.That the request of Homeniuk Rides Incorporated to hold midways at the Southwest Optimist Park, 120 Pioneer Drive from May 23 - May 26, 2002, and at Weiland Ford, 707 Ottawa Street South from April 18 – April 21, 2002 and April 25 – April 28, 2002 be approved; and further, That approval of these midways be subject to the following conditions: a) That the hours of operation are as follows: · Thursday and Friday, 3:30 p.m. to 11:00 p.m. · Saturday, 10:00 a.m. to 11 p.m. · Sunday, 12 noon to 10 p.m. b) That the music at the midways be turned off one hour before closing time excepting those evenings (Thursday and Sunday) preceding school days when it shall be turned off at 8:00 p.m. and, c) That the music at the midways be turned down at 8:00 p.m. on Friday and Saturday evenings; and, d) That parking arrangements be reviewed with staff of the Traffic and Parking Division to ensure adequate off-street parking will be provided; and, e) That the required licence be obtained. (Dealt with under Delegations and Carried) 2. That the normal procedure for hiring an Engineering Consultant be waived, and Conestoga-Rovers & Associates be retained to undertake the design and contract administration for the installation of a watermain from Fairway Road to Goodrich Drive in conjunction with the Wabanaki Drive extension already underway by Conestoga-Rovers & Associates. 3. That the Mayor and Clerk be authorized to execute the agreement between the City of Kitchener and 1205457 Ontario Inc. in the form as attached to Corporate Services Department report CRPS-02-011, allowing the general public to use land owned by 1205457 Ontario Inc. to access the Walter Bean Grand River Trail. 4. That staff be directed to investigate the problem with respect to the property at 20 Flint Drive, and resolve the situation to the mutual satisfaction of the property owner and the City. COUNCIL MINUTES JANUARY 28, 200263CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – Agreement – Barrel Works Group – New Kitchener Market 1. Mr. F. Pizzuto presented a revised recommendation this date, to replace that contained in Community Services Department report CSD-02-039, dated January 23, 2002. It was resolved: “That the City enter into, and the Mayor and Clerk be authorized to execute, an agreement dated January 28, 2002, with Barrel Works Kitchener Ltd. to extend the conditional periods set out in section 7.(a) and (b) of their Memorandum of Understanding dated December 10, 2001, as follows: 1. to May 1, 2002, the conditions respecting Superbuild – section 7.(a)(iii), acquisition of lands – section 7.(b)(i) and zoning – section 7.(b)(iii). 2. to March 6, 2002, all other conditions in sections 7.(a) and (b).” Various Tenders 2. Dealt with under Delegations. Tag Day Request – Royal Canadian Sea Cadets #94 WARSPITE 3. Council was in receipt of correspondence from Mrs. S. Bushfield, Tag Day Co-ordinator, K-W Navy League Branch, dated January 16, 2002, requesting permission to conduct Tag Days on March 1and 2, 2002. It was resolved: “That Council grant the request of the Royal Canadian Sea Cadets #94 WARSPITE for permission to conduct Tag Days on the evening of March 1 and all day March 2, 2002, at various malls, grocery stores, liquor stores entrances, as outlined in correspondence from S. Bushfield, dated January 16, 2002.” Contract – Compass Group Canada (Beaver) Ltd. – Kitchener Memorial 4 Auditorium Council was in receipt of Community Services Department report CSD-02-038 (K. Kugler/K. Baulk/F. Pizzuto), dated January 23, 2002, recommending execution of an agreement for food and beverage provision at the Auditorium. Council was also in receipt this date of copies of the draft contract dated August 27, 2001. Mayor C. Zehr questioned the term “in advance” contained in Sections 1(b) and (c) of the agreement, suggesting the time period be specific. Mr. Pizzuto suggested a time period of six months prior to expiration of the agreement, and the City Solicitor was directed to amend the agreement to reflect this. COUNCIL MINUTES JANUARY 28, 200264CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) Contract – Compass Group Canada (Beaver) Ltd. – Kitchener Memorial 4 Auditorium It was resolved: “That the Mayor and Clerk be authorized to sign the contract with Compass Group Canada (Beaver) Ltd. for the provision of food and beverage subject to the satisfaction of the City Solicitor, and as amended by Council January 28, 2002, to reflect a renewal negotiation period of six months prior to the expiration of the contract.” 5.Budd Park Expansion Report – Additional Consultant Costs Council was in receipt of Community Services Department report CSD-02-037 (B. Trushinski/D. Daly/ F. Pizzuto), dated January 22, 2002, recommending payment approval. It was resolved: “That the City of Kitchener approve the payment of additional costs, in the amount of $13,708.25., to Totten Sims Hubicki (TSH) for additional services provided in relation to the Budd Park Expansion Project.” 6.Sale of Tickets – Princess Margaret Hospital Foundation Council was in receipt this date of Corporate Services Department report CRSP-02-014 (J. Koppeser), dated January 24, 2002, with respect to a request from the Princess Margaret Hospital Foundation to sell raffle tickets in the City of Kitchener, for a series of draws staring May 2, 2002. It was resolved: “That the City of Kitchener has no objection to the Princess Margaret Hospital Foundation, 610 University Avenue, Toronto, Ontario M5G 2M9, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held starting on May 2, 2002, at several locations in Ontario.” 7.Memorandum of Understanding – Business Enterprise Centre – Regional Access Program Council was in receipt this date of Development & Technical Services Department report DTS-02-027 (K. Smith), dated January 24, 2002, recommending execution of a Memorandum of Understanding and Addendum with respect to the Business Enterprise Centre’s involvement in the Canada-Ontario Business Service Centre Regional Access Program. It was resolved: “That the Mayor and Clerk be authorized to execute a Memorandum of Understanding and Addendum dated October 1, 2001, for a one year period beginning October 1, 2001 with Industry Canada for the Business Enterprise Centre to serve as a site within the Canada-Ontario Business Service Centre Regional Access Program on a fee for service basis.” SPECIAL COUNCIL MINUTES FEBRUARY 18, 2002CITY OF KITCHENER A special meeting of City Council was held at 4:00 p.m. this date and Chaired by Acting Mayor C. Weylie with all members present except Mayor C. Zehr. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Acting Mayor C. Weylie informed Council that staff have requested two additional items be added to the in-camera agenda, a matter subject to solicitor-client privilege and a personal matter. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter, a labour relations matter and five matters subject to solicitor-client privilege.” Carried. Council was in receipt of Corporate Services Department report CRPS-02-035 (G. Melanson/P. Houston/D. Mansell/G. Borovilos), dated February 13, 2002, recommending acceptance and agreement to the terms of the Land Purchase, Easement and Disturbance Damages Agreement from Esther Gascho, Lawrence Bingeman and Bingemans Inc., for parts of 1380 and 1386 Victoria Street North. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler “That Council accept and agree to the terms of the LAND PURCHASE, EASEMENT AND th DISTURBANCE DAMAGES AGREEMENT dated February 14, 2002 from Esther Gascho and Lawrence Bingeman regarding the acceptance of donated lands, the purchase of property, the acquisition of an easement for storm water management, disturbance damages and fees set out therein; and, That Council accept and agree to the terms of the LAND PURCHASE, EASEMENT AND th Bingemans Inc. DISTURBANCE DAMAGES AGREEMENT dated February 14, 2002 from regarding the acceptance of donated lands, the purchase of property, the acquisition of an easement for storm water management, disturbance damages and fees set out therein; and, That MTE Consultants Inc.’s retainer with the City be expanded to include works required for the development of the “Industrial Property”, provided their fees and disbursements are separately accounted and invoiced between works relating to the road construction and works relating to the development of the Industrial Property; and further, That the total estimated cost of $2,600,000 related to the purchase, servicing and carrying costs of the 28.05 acres of Industrial Property be financed temporarily through internal borrowing from city reserve funds, to be permanently financed through the proceeds from the sale of the land.” Carried. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 2002-36 by the Clerk.” Carried. On motion, the meeting adjourned at 4:10 p.m. SPECIAL COUNCIL MINUTES FEBRUARY 18, 2002- 89 -CITY OF KITCHENER ................................................................………….................................................................………. MAYOR CLERK