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HomeMy WebLinkAboutCouncil Minutes - 1999-04-19COU NCI L\1999-04-19 COUNCIL MINUTES APRIL 19, 1999 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 Seniors Glee Club. Councillor M. Yanti thanked the Choir for their rendition of the National Anthem this date and remarked on the tradition of Rockway's Choral singing. On motion by Councillor G. Lorentz, the minutes of the regular meeting held on March 29, 1999 and special meetings held on March 29 and April 12, 1999, as mailed to the Mayor and Councillors, were accepted. For the record, it is noted that Councillor J. Haalboom disclosed a pecuniary interest and abstained from all discussion concerning a matter subject to solicitor-client privilege discussed by Council in camera on April 12, 1999. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Letter dated April 1, 1999 from the City of Guelph endorsing Kitchener Council's resolution of February 1, 1999 concerning liability as a result of Year 2000 and computer program breakdowns. Mr. Ken Cenerelli, Chair of the Environmental Committee's Earth Day Planning Sub-Committee appeared before Council to outline the details of Earth Day activities planned for April 22 at Kitchener City Hall. He referred to a brochure itemizing the day's activities that had been distributed to members of Council. At this point, Mr. D. Snow provided details respecting Kitchener Transit activities in support of Earth Day. He pointed out that 2,500 brochures had been distributed in the City, each containing two free transit tickets as a promotional event to build ridership and reduce the use of private vehicles. He also noted that a natural gas bus would be on display at City Hall on Earth Day and that a demonstration would take place on King Street involving 48 people illustrating the spatial requirements of 48 vehicles as compared to one Kitchener Transit bus to emphasize the benefits of public transit. Mr. Cenerelli commented on the following activities that would take place on Earth Day at City Hall: Display of the new Toyota Prius gas/electrical powered vehicle, film presentations, tours of the environmental features built into the City Hall facility, unveiling of the environmental home page, presentations by several speakers on various topics and approximately 35 displays will be set up on the main floor of City Hall. In conclusion he extended an invitation to Council and members of the public to attend the events. Mayor C. Zehr thanked Mr. Cenerelli and the Environmental Committee for undertaking this event. Councillor Jake Smola, Chair of the Environmental Committee also extended appreciation to Mr. Cenerelli for his work and to various members of City staff. Councillor J. Haalboom referenced the Trees for the Future Program that was being unveiled. At her request Mr. T. Clancy commented that the program had been developed in response to Council's request that a permit system for tree removal be investigated. He noted that a permit system had been discarded in favour of a different approach having a target to plant 25,000 trees over 5 years on private property. Mr. Ken Lund, President, International Society of Arboriculture, Ontario Chapter, appeared as a delegation to present a plaque representing the Society's 1999 Award of Merit to the City of Kitchener for advancing the principles, ideals and practice of arboriculture in Ontario. He commented on the commitment to excellence that the City had shown in its Tree Protection and Tree Management Programs. Mayor C. Zehr accepted the Award on behalf of the City. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed on the Committee of the Whole agenda of this date. Council was advised that two additional tenders were being added for consideration this date; namely, consultant services for the Block Line Road Location Study and a tender for Concrete Sidewalk and Curb Construction and Repair. Councillor T. Galloway referred to Tender T99-017 requesting if warranty was part of the specification and Mr. L. Gordon advised that an extended warranty was asked for as an optional item. Councillor Galloway also questioned the specification with regard to item 1 of Tender T99-030 and Mr. Gordon COUNCIL MINUTES APRIL 19, 1999 - 129 - CITY OF KITCHENER advised that the tender did have a width requirement. Councillor J. Ziegler questioned if two identical bids were received regarding item 2 and Mr. Gordon advised that the summary contained a typing error. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That tender T99-017, Hydrostatic Utility Tractor, be awarded to Toromont Cat., Cambridge at their tendered price of $97,652.00 plus G.S.T. and P.S.T. and optional lube and oil changes through the warranty period at $570.00 plus G.S.T and P.S.T." -and- "That T99-030 Tuff Equipment be awarded as follows: Item # 1 - One (1) Three point hitch tractor pulled reciprocation aerator, be awarded to Podolinsky Equipment, Petrolia, Ontario at their tendered price of $18,500.00 plus G.S.T. and P.S.T. Item # 2 - One (1) 79.2 KW (106 net hp) tractor complete with mounted flail mowing system with two 2,235mm (88") hydraulically driven wing mowers and one 2,235mm (88") PTO driven rear mower, to Coleman Equipment Inc, New Dundee at their tendered price of $86,221.00 plus G.S.T. and P.S.T. Item # 3 - Tow (2) 3-point hitch 7 gang rotary mowers, to G.C. Duke Equipment Limited, Burlington, Ontario at their tendered price of $ 39,800.00 plus G.S.T. and P.S.T. Item # 4 - One self propelled diesel powered, all wheel drive, hydraulic 5-gang sportsfield rotary mower to G.C. Duke Equipment Limited, Burlington, Ontario at their tendered price of $55,995.00 plus G.S.T. and P.S.T." -and- "That tender T99-039- Supply of Natural Gas Steel Pipe, be awarded to Comco Pipe and Supply of Guelph at their tendered price of $72,785.50., plus G.S.T. and P.S.T." -and- "That Tender T99-027 - Supply of Hot Mix Asphalt, be awarded to Forwell Limited, Kitchener and Kitchener Asphalt Limited, Kitchener at their tendered unit prices." -and- "That Tender T99-028- Asphalt Emulsions, be awarded to McAsphalt Ind. Inc., Toronto, Ontario at their tendered price of $81,926.87 plus G.S.T. and P.S.T." -and- "That Tender T99-029, Supply of Miscellaneous Aggregates, be awarded to Forwell Limited, Kitchener, Warren Bithulithic Limited, Kitchener, Kieswetter Holdings Limited, Kitchener, Preston Sand & Gravel, Kitchener and Lafarge Construction Materials, Guelph at their tendered unit prices, plus G.S.T. and P.S.T." -and- "That Tender T99-001 - Concrete Sidewalk and Curb Construction and Repair be awarded to 410754 Ontario Limited O/A Sousa Concrete, at their tendered price of $452,027.92. (Including G.S.T. and P.S.T.)" -and- COUNCIL MINUTES APRIL 19, 1999 - 130 - CITY OF KITCHENER "That Expression of Interest E99-033, Consultant Services - Block Line Road Location Study, be awarded to Delcan Corporation, Kitchener, at their estimated fee of $78,000., plus G.S.T., based on a satisfactory contract being negotiated and an upset fee being established, and further that the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Paul Dietrich appeared as a delegation in support of clause 1 of the Planning and Economic Development Committee report. Councillor C. Weylie introduced clause 1 of the Planning and Economic Development Committee report and on motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to amend Condition B.2 by inserting the words "which may be renumbered" after the words "special conditions". Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause #1, as amended, of the report Committee of this date be adopted." of the Planning and Economic Development Carried. Mr. Randy Mullin appeared as a delegation on behalf of ParticipACTION, Toronto, to provide a presentation and submit a request in regard to the Trans Canada Trail Relay 2000 initiative being undertaken as a Canadian Millennium Celebration event. A video promoting the Trans Canada Trail Network was then shown and reference was made to the numbers of volunteers, government and corporate partners involved and multi-use purposes of the Trail. Mr. Mullin stated that his purpose was to present the concept that will be taking place next year and to assist communities in whatever they could with respect to building additional trail network. He invited the City of Kitchener and its residents to get involved in the program and pointed out that key individuals in the community will be required to develop events. Council was asked to endorse the proposal as one of the City's millennium events and it was noted that the walk would come through Kitchener sometime in the latter part of August. In response to Councillor B. Vrbanovic, he advised that the only thing being asked for was non-financial City support of the event. Ms. Lorna Ferguson of the Millennium Steering Committee was in attendance and indicated that the Committee was willing to investigate the proposal further. Mr. T. Clancy commented on the Trans Canada Trail Network and indicated that trail links within Kitchener had yet to be completed. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the request of ParticipACTION, Toronto to endorse the Trans Canada Trail Relay 2000 as one of the City of Kitchener's official millennium celebrations be endorsed and forwarded to the local Millennium Steering Committee for its consideration." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That this council reconsider its March 29, 1999 resolution in which it decided to take no action on the request of the Volunteer Action Centre of K-W & Area for a facility rental grant, in the mount of $409 for rental of the City Hall Rotunda on April 18, 1999." Carried with the required two-thirds majority of members present. A representative of the Volunteer Action Centre appeared as a delegation and noted that this week was National Volunteer Week and that their kick-off event was held April 18. She stated that the Centre hoped to receive a grant to cover its rental of the City Hall Rotunda. COUNCIL MINUTES APRIL 19, 1999 - 131 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That we approve a facility rental grant for the Volunteer Action Centre of K-W & Area in the amount of $409 towards the cost of rental of the City Hall Rotunda on April 18, 1999; and further, That staff investigate the possibility of partnering with the Volunteer Action Centre for National Volunteer Week Celebrations in the Year 2000, and failing that possibility, ensuring that the Volunteer Action Centre is able to plan this into their annual grant." Carried Ms. Pam Cressman and Mr. Randy Kalan, Kitchener Fire Department, appeared as a delegation to make presentations on the Waterloo Region Arson Prevention Program for Children (WRAPP-C) and the Fire Education Centre. Videos of each of the two initiatives were shown to assist in explanation of the programs. Ms. Cressman commented on the WRAPP-C and provided statistical data respecting the annual number of fires involving children. The video illustrated film footage provided by CKCO T.V. promoting the program and made reference to the acts by children and the consequent outcome and effects on people as a result of children starting fires. Program activity to address the problem was then explained. Mr. Kalan pointed out that the fire service was not just a reactive one and took the initiative to participate in development of the Fire Education Centre that opened in October, 1997 adjacent to the Waterloo Region Police building on Maple Grove Drive. He noted that it was supported by local Fire Departments and the School Board and contained an interactive area. A short video was shown outlining the Children's Safety Village and Fire Prevention Centre and emphasizing its usefulness as an interactive teaching tool. Mr. Kalan indicated that $60,000 of the $610,000 construction cost was still outstanding. The members of Council expressed their appreciation to the delegation for the efforts made by the Fire Prevention personnel and the Fire Department in respect to these matters. Councillor K. Taylor- Harrison questioned how the WRAPP-C was funded and was advised that each local Fire Department provides budget support and undertakes fund-raising. Councillor Jake Smola questioned if the Fire Department could prepare a report documenting how much is spent on fire prevention and Fire Chief J. Hancock indicated that this information would be prepared. Councillor G. Lorentz noted that it be kept in mind that fire prevention activities were only one part of a package of service provided by the Fire Department. Mr. Larry Gilmour, Kitchener Minor Soccer and Mr. C. Robertson, Robertson Amusements were in attendance in support of clause 5 of the Finance and Administration Committee report dealing with a midway at 1001 Ottawa Street South. The delegation advised that since the April 12 Committee meeting it obtained a signed agreement from the Westmount Funeral Home as well as their agreement to remove some of the fencing by the Home and also have verbal agreement to the undertaking from the Tim Hortons Coffee Shop and the Price Chopper Grocery Store. In addition, it was pointed out that notification letters had been circulated to area residents and that most enquiry calls received were related to removal of garbage from the site. It was also pointed out that the undertaking will be subject to final inspection by Kitchener Minor Soccer officials. Councillor T. Galloway indicated that based on the information provided he would withdraw his objection to the midway for this year. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause 5 of the Finance and Administration Committee report be adopted." Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson, appeared as a delegation along with a number of individuals to oppose clause 5 of the Planning and Economic Development Committee report which would defer and refer consideration of a Municipal Plan Amendment, Zone Change and Subdivision Application to the May 10 Planning and Economic Development Committee meeting. Mr. Britton referred to his April 16 correspondence circulated to members of Council with their agenda material and pointed out that he had tried to address several of the questions of concern raised at the COUNCIL MINUTES APRIL 19, 1999 - 132 - CITY OF KITCHENER April 12 meeting of the Planning and Economic Development Committee. In his memorandum, Mr. Britton addressed two key issues of concern and provided a detailed response to other issues raised at the Committee meeting commenting on traffic issues, the issue of dedication of the floodplain to the City of Kitchener, future use of the Kiwanis park lands and school site location, fire station/fire response to the community and the Bill Green concept sketch. In reference to the two major issues of concern, he firstly dealt with Woolwich Street and requested deletion of the words "save and except for gravity sanitary sewer, and save and except for curb, gutter, sidewalk and boulevard trees on the west side of the street" from Condition 61 of both subdivisions. This revision modifies Condition 61 so that upgrade to Woolwich Street would be a developer responsibility. On the second issue relative to the minor collector road adjacent to Mr. Sienna's property, he suggested that it be deferred from the Municipal Plan Amendment at this time noting that the two subdivisions do not propose or require the construction of the minor collector road adjacent to Mr. Sienna's property and that it can be resolved in conjunction with a future subdivision submission. At this time, he distributed a letter dated April 19, 1999 from the Region of Waterloo dealing with the requirement for traffic control signals at the intersection of Bridge Street and Bridle Trail. Regional staff request that Regional Condition 3 be deleted and replaced with the following wording as follows: "that the owners of 30T-97005 and 30T- 98205 be required to complete a Traffic Impact Study for the intersection of Bridge Street and Bridle Trail and implement the results of the study prior to final approval of the plan". In conclusion, Mr. Britton requested Council support for approval of the subdivisions noting that they were at a critical stage and any delay relative to processing would set back required time line objectives. Councillor T. Galloway stated that he still did not understand the reasoning outlined in Mr. Britton's letter respecting the school site location. Mr. Britton indicated that there was a strong desire to locate an active area adjacent to the community and that the Park and School were therefore located central to the community. Also in response to Councillor Galloway's concern regarding the sanitary sewer issue, Mr. Britton commented on the serious design constraints that were faced. Councillor Galloway noted that it was possible the school might never be built and suggested that if that was the case it would be better to locate the park adjacent to Kiwanis Park; however, Mr. Britton maintained that the location of the park was preferable, more central to the community. In reference to the stub roads, Councillor Galloway questioned if the applicants would prefer the City took a one foot reserve rather than have the roads built and Mr. Britton indicated that the applicants were flexible in respect to this issue. Councillor Galloway then turned to the floodplain lands and questioned what assurances the City had that the golf course would actually develop and if the City would have an opportunity to acquire the floodplain lands. Mr. Britton pointed out that public access was assured pending recreational development of the floodplain and that it was the applicant's intent to resolve the ownership issue and proceed with a golf course development. Councillor C. Weylie stated that she had concern with regard to residents on Woolwch Street and along the river as to the sewage and water issues dealt with in the subdivision applications. Mr. Britton noted that with the changes proposed, they were deleting the exemption pertaining to gravity sanitary sewer so as to require that it be provided. On the matter of water service, the developer would ensure that water supply was available to the nine properties south of Kestrel Place outside of the subdivision plan. He also commented that with future subdivisions sanitary sewer service would be available to those properties in the future. In summary he advised that all the properties on Woolwich Lane would have the benefit of watermain and that the developer would make an allowance to the residents for individual hookups and that sewer service would be available at a later date at their hookup cost. Councillor C. Weylie asked that comment be made with respect to these subdivisions given that a community plan did not exist. Mr. Britton responded as to generally what a community plan was and pointed out that a planning process had been undertaken involving community liaison and that the two subdivisions had been processed together in a co-ordinated fashion. It was his view that what had taken place was in fact a community plan process. Councillor Weylie questioned if sidewalk would be installed on Woolwich Street and Mr. Britton advised that the sidewalk would commence at 177 Woolwich Street and extend to Kiwanis Park Drive and to Kiwanis Park. He pointed out that under the revisions proposed, Woolwich Street would be upgraded on both sides. Councillor Weylie questioned if there was any time allowed for residents to have further discussions respecting the plans and Mr. Britton noted that many of the residents comments and concerns could be entertained during planning for future plans of subdivisions yet to come forward. Councillor John Smola noted that the applicant has indicated a desire to get involved with the City in respect to the golf course proposal and suggested that a resolution might be considered giving approval in principle to direct staff to negotiate with the owners on the golf course proposal. Councillor J. Haalboom referred to the park location and Mr. Britton commented that the neighbourhood submission with respect to the park was more of a link than an active park. In COUNCIL MINUTES APRIL 19, 1999 - 133 - CITY OF KITCHENER response to Councillor C. Weylie, Fire Chief J. Hancock advised that the Guleph Street fire station would be relocated closer to this area in late 1999. Mr. Murray Dick appeared as a delegation representing a number of area residents to request that Council approve clause 5 of the Planning and Economic Development Committee report recommending deferral and referral to the Committee's May 10 meeting at which time the Municipal Plan Amendment, Zone Change and Subdivision Applications in Bridgeport North would be further considered. A lengthy submission dated April 13, 1999 was distributed to members of Council with their agenda. Mr. Dick asked that members of Council have regard to the issues pointed out in his correspondence and stated that they were very important to the residents. As to issues of concern, he advised that the proposal had the potential to leave some residents without water and that the road elevation would have a significant impact on Mr. Sienna's property. He pointed out that many issues were raised at the neighbourhood liaison committee meetings such as setback and traffic, and were still outstanding. As well, new concerns were raised at the April 12 Planning and Economic Development Committee meeting. Councillor T. Galloway referred to the possible deterioration of septic systems serving properties on both Woolwich Street and Woolwich Lane. Mr. Dick expressed concern with respect to the easement issue outlined in the Condition 87 revision proposed by staff as to the water supply solution and raised the question as to what would happen if sewage fails. Mr. Steve Vogel appeared as a delegation to support the deferral recommendation in clause 5 of the Planning and Economic Development Committee report and to preserve his right of appeal to the Ontario Municipal Board respecting these applications. He stated that his concerns respecting issues involving traffic and accessibility of emergency services were previously stated and still apply. He noted that Mr. Britton in promoting his arguments, makes assumptions that the Wellington Street bridge over the Grand River would be in place, but it was his view that the bridge may never be built. He indicated that he had no further comments to make, but stated that if the matter was deferred as recommended, he would have other questions to raise relative to the applications. Fire Chief J. Hancock responded to the emergency services issues raised and advised that the Guelph Street fire station would be relocating six or seven blocks closer to the subject area and would be located on a major arterial to improve response times. Further, he noted that the subdivisions plan were being monitored with direct-to-fire alarm service and it was his view that fire prevention response time should be excellent. Finally, he noted that the staff complement in the new fire station would increase from four to six operating two vehicles instead of one. No other delegations were registered regarding these matters. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 5 of the report of the Planning and Economic Development Committee be adopted." Councillor John Smola indicated that he previously had a number of concerns regarding the applications as they relate to sanitary sewer service, water supply and upgrade of Woolwich Street. He advised that these concerns have all been addressed and he was now in support of the subdivision applications proceeding. He commented that some of the other issues of concern could be dealt with in later subdivision applications. On the issue of fire service emergency response, he asked that fire officials prepare an operational review as information for Council. Councillor Jake Smola stated that he was opposed to deferral given that the concerns of the Ward Councillor were now satisfied. The motion of Councillor C. Weylie, seconded by Councillor M. Yantzi to adopt clause 5 of the Planning and Economic Development Committee report was put to a vote and Lost. At this point Council determined that it would proceed to deal with the Municipal Plan Amendment for Bridgeport North and related applications for Zone Change and Subdivisions. In this regard, the recommendations outlined in Business and Planning Services Staff report BPS 98/153 were considered along with the revisions requested by staff on the two page outline dated April 12, 1999 that was submitted at the April 12 Planning and Economic Development Committee meeting; the requests outlined in the April 16 correspondence from Mr. P. Britton; the request outlined in the April COUNCIL MINUTES APRIL 19, 1999 - 134 - CITY OF KITCHENER 19 correspondence from the Regional Municipality of Waterloo relative to Regional Condition 3 in each Plan of Subdivision; and the revised zoning by-law dated March 12, 1999 which was revised as to form only and distributed at the April 12 Committee meeting. Councillor John Smola referred to the existing homes on Woolwich Lane and stated that it was in everyone's best interest to have the properties hooked up to municipal sewage service. Councillor T. Galloway expressed concern respecting the perception that a road stub that led into Kiwanis Park would leave and suggested that a one foot reserve be placed across the stub. It was noted that Mr. T. Clancy commented that underground services in the stub could be installed but curbs could be rolled outward. On motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, it was agreed to revise Report BPS 98/153 with respect to Condition B 1 by changing the 0.3 metre reserve reference to read as Blocks 52-58 rather than 52-57 and thereby provide for a one foot reserve across Falconridge Drive at its entry point to Kiwanis Park. Councilor T. Galloway questioned the status of the easement and the impediment that could affect it and Mr. P. Britton advised that the provision of the easement through the subdivider rested in the private property owners' hands. In response to Councillor Galloway, Mr. J. Shivas advised that Council would have the power to expropriate necessary easements in appropriate circumstances. Councillor C. Weylie referred to Condition 87 of Subdivision 30T-97005 and suggested that the connection allowance provided to the nine property owners should be 100% of the cost. On motion by Councillor C. Weylie, seconded by Councillor John Smola, it was agreed to revise Condition 87 to provide allowance of 100% of the cost of connecting the water service to each of the nine dwellings. On motion by Councillor John Smola, seconded by Councillor C. Weylie, it was agreed to revise Regional Condition 3 in each Subdivision in accordance with the request received in the April 19, 1999 correspondence from the Region of Waterloo. On motion by Councillor John Smola, seconded by Councillor Jake Smola, it was agree to revise the recommendations set out in Staff Report BPS 98/153 by incorporating the revisions to various conditions of both subdivision applications as outlined in the two page report dated April 12, 1999 from J. Willmer. Also on motion by Councillor John Smola, seconded by Councillor Jake Smola, it was agreed to revise Condition 61 of both subdivision applications by deleting the words "save and except for gravity sanitary sewer, and save and except for curb, gutter, sidewalk and boulevard trees on the west side of the street" and to add a new recommendation providing that the Council of the City of Kitchener request the Regional Municipality of Waterloo to defer the minor collector road (Falconridge Drive) as shown on Revised Map 4 "transportation" from the Municipal Plan Amendment. Moved by Councillor John Smola Seconded by Councillor Jake Smola "That the Planning and Economic Development Committee report be amended to include the full text of a new clause numbered as clause 8 approving the recommendations outlined in Business and Planning Services Staff Report BPS 98/153 subject to inclusion of the following: changes outlined in the April 12, 1999 document prepared by J. Willmer pertaining to Conditions 65, 76, 87, 91 & 92 of Subdivision 30T-97005 and to Condition 65 of Subdivision 30T-98205. · a revised Zoning By-law dated March 12, 1999 changed in respect to form only. revisions contained in Mr. P. Britton's April 16, wording deletion with respect to Condition 61 Subdivision 30T-98205. 1999 correspondence requesting of Subdivision 30T-97005 and revision to Condition 87 of Subdivision 30T-97005 to include reference to 100% of the cost of connecting the water service to the dwellings referred to and to Condition B 1 to implement a one foot reserve on the street stub (Block 58) that would enter Kiwanis Park. COUNCIL MINUTES APRIL 19, 1999 - 135 - CITY OF KITCHENER revision to Regional Condition 3 of Subdivision 30T-97005 and Subdivision 30T- 98205 in accordance with the April 19, 1999 correspondence from the Regional Municipality of Waterloo. · addition of item (G) to the recommendation providing for deferral of the minor collector road (Falconridge Drive) from the Municipal Plan Amendment.." Carried· Moved by Councillor John Smola Seconded by Councillor Jake Smola "That Mr. T. Clancy be directed to consider the matter of a golf course Bridgeport North and report to the Community Services Committee." development in Carried. Councillor J. Haalboom pointed that at the April 12, 1999, Planning and Economic Development Committee meeting staff had been asked to study various outstanding issues regarding the Bridgeport North subdivisions, and Mayor C. Zehr advised that based on information provided this date, Council had dealt with most issues including the major ones and that remaining minor issues could be addressed as part of consideration of future subdivision applications. A delegation was in attendance with respect to a memorandum dated April 16, 1999, from G. Anderson pertaining to an offer to lease 1464 Victoria Street North. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City accept an offer from Frank and Brian Burkhardt to lease the easterly ¼ of 1464 Victoria Street North, Kitchener, comprising approximately 2,400 square feet at a rent of $1,800.00 per month plus utilities. The lease is for a 23 month duration from May 1, 1999, until March 31,2001. The proposed use is automotive repair and sales." Carried· Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried as Amended· Clause 5 - Dealt with under Delegations and Motion Lost. Clause 8 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Carried· Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee of this date be adopted." COUNCIL MINUTES APRIL 19, 1999 - 136 - CITY OF KITCHENER Councillor Jake Smola expressed appreciation to the individuals who were responsible for putting on the Clean Air Festival that resulted in formulation of the City's Clean Air Plan. The Environmental Committee report was then put to a vote and Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor Harrison "That the report of the Finance and Administration Committee of this date be adopted. Councillor B. Vrbanovic requested that Clause 8 be dealt with separately as he had a pecuniary interest in respect to Action Objective 1.6 as his wife is employed by the City. Councillor G. Lorentz referred to Clause 11 respecting the sale of surplus fire station sites and suggested that these sites might represent an opportunity to locate regional ambulance services within them. Councillor T. Galloway commented that the Region did not have a mandate to undertake substation development; however, Councillor Lorentz stated that he was simply suggesting that the Fire Chief contact the Regional Ambulance Coordinator to make them aware of the availability of these sites and determine if there is interest in acquiring them. Following further discussion, Mr. J. Shivas advised that public agencies including the Region would be made aware of the availability of the surplus lands and buildings as part of the usual notification procedure to such organizations. Councillor M. Yantzi referred to the second part of Clause 9 and suggested that there was no need to provide such direction and that this had been the Committee's intent. The Mover and Seconder of the report agreed to accept Councillor Yantzi's suggestion to delete the second part of Clause 9 as a friendly amendment. The report was then put to a vote. Voted on clause by clause. Clause 5 - Dealt with under Delegations and Carried. Clause 8 - Carried. Clause 9 - Carried, as amended. Balance of report - Carried. Recorded Pecuniary Interest Clause 8 - Councillor B. Vrbanovic in respect to Action Objective 1.6 as his wife is employed by the City of Kitchener. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (L.A.C.A.C.) of this date be adopted." Carried Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date be adopted." Mr. D. Snow referred the Committee to clause 3 of the report and advised that the time lines with respect to removal of the Ottawa Street bridge over the Conestoga Parkway had changed and as a result the implementation dates of the detours referred to in clause 3 should be changed in each case to refer to the date Monday, May 24, 1999. On motion by Councillor John Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend clause 3 in accordance with the request of Mr. D. Snow. COUNCIL MINUTES APRIL 19, 1999 - 137 - CITY OF KITCHENER Also in respect to clause 3 of the report a motion by Councillor B. Vrbanovic, seconded by Councillor John Smola, was accepted as a friendly amendment that would provide for a temporary all-way stop at the intersection of Ross Avenue and Wilfred Avenue. The report was then put to a vote. Voted on clause by clause. Clause 3 - Carried, as amended. Balance of report - Carried. Mayor C. Zehr advised that as a result of a special Committee of the Whole meeting held earlier this date, it was being recommended that a public meeting be held on May 19,1999 regarding rationalization/regionalization of municipal services. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That a public meeting be held at Kitchener City Hall on May 19, 1999 at 7 p.m. to hear comment from the citizens of Kitchener on the various documented proposals put forward to date in regard to reform initiatives involving the rationalization/regionalization of municipal services." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Council authorize 1330787 Ontario Inc. O/A Serendipity Productions to film scenes for the movie "Bad Days" at Kitchener City Hall, the Bramm Street Yards, various City streets and in the former Goudies building provided satisfactory insurance has been obtained and waivers containing conditions satisfactory to the City Solicitor have been executed." Carried Councillor M. Yantzi raised the issue of an addition to the Korova Caf~ and advised that consideration was being given to ways that would minimize costs of the addition and expedite construction as well. Moved by Councillor M. Yantzi Seconded by Councillor J. Haalboom "That the Facilities Management Division act as Project Manager relative to the proposed addition to the Korova Caf~. Carried Councillor Jake Smola advised that he was tabling a report PD 81/77 dated July 18, 1977 prepared by Regional staff for the Regional Planning and Development Committee. The report deals with Noise Exposure Forecast (NEF) Contours for Waterloo-Wellington Airport Area. He pointed out that the report besides dealing with NEF Contours also deals with "People Contours" and requested that the document be referred to the Department of Business and Planning Services for comment. Specifically he questioned if the People Contours data in the document could be integrated into the planning process. Councillor J. Ziegler noted that Ms. Karen Firmi had resigned her appointment to Waterloo Regional Airport Committees and it was necessary to fill the vacancy. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That Mr. John Martin be appointed as the Lackner Woods Residents Association representative on both the Waterloo Regional Airport Noise Management Committee and the Waterloo Regional Airport Public Advisory Committee to fill the vacancy resulting from the April 14 resignation of Ms. Karen Firmi; and further, COUNCIL MINUTES APRIL 19, 1999 - 138 - CITY OF KITCHENER That the appointment to the Noise Management Committee be for a term expiring on November 30, 1999, and the appointment to the Public Advisory Committee until such time as the Airport Master Plan is approved by Regional Council." Carried. Councillor G. Lorentz referred to correspondence dated January 28, 1999 received from the City of Gloucester on April 12 dealing with the issue of recreational facilities for persons aged 70 and over. In the correspondence it was noted that 1999 has been named the International Year of the Older Person by United Nations. It was agreed that this report be referred to the Community Services Committee for consideration at a future meeting. Councillor T. Galloway advised that the Region of Waterloo had re-opened its 1999 tax levy and as a result would be passing along a 4% reduction to ratepayers within the Region. He advised that the net effect for Kitchener taxes would be a reduction of slightly over 3% for Kitchener residents. Councillor John Smola commented that it be kept in mind that in 1998 the Region had increased its portion of property tax significantly and that the reduction this year brought about a wash in the Regional portion year over year. Councillor J. Haalboom indicated that Mayor's Advisory Council for Kitchener Seniors was undertaking an inclusive membership thrust and was looking at planning issues and recreational facilities in view of demographic trends. Councillor J. Haalboom advised that the Tri Centre Team made up of seniors from Rockway Senior Citizens Centre, Breithaupt Centre and Victoria School was undertaking a tree planting at 11 a.m. on Thursday, April 29 in honour of the Year of the Older Person. Councillor J. Haalboom advised that she had circulated an article that appeared in the New York Times regarding the effect of winds on signs and billboards that could pose a hazard to pedestrians. She advised that her purpose was to request a review of the City's Sign By-law regulations as they relate to elevated and roof top signs and that staff obtain information on regulations in other municipalities. Councillor J. Ziegler advised that the City had undertaken major reviews of its Sign By- law twice during the last five years and that he would oppose considering Councillor Haalboom's request at this time. He suggested that the matter could be raised at a Standing Committee meeting. Mr. B. Stanley pointed out that Councilllor Haalboom's request represented a major task on the part of staff given the extent of input that would be required. Following discussion, it was suggested Councillor Haalboom could raise the matter at the Planning and Economic Development Committee. Councillor Jake Smola advised that he was regularly receiving complaints regarding the unsightly condition of vacant properties that were formerly gasoline service station sites. He questioned if there was an inventory of such vacant sites and if staff could comment on how the City could deal with these with a view to rectifying the situation and what authority the municipality had to deal with these sites. It was suggested that the Legal Department might provide guidance with respect to this issue. Councillor B. Vrbanovic pointed out that the problem involving these sites lies with another level of government; however, Councillor G. Lorentz suggested that the City should undertake to send a message that it was interested in assisting property owners to undertake redevelopment of such sites. By general consent, the issue was referred to a future meeting of the Planning and Economic Development Committee with direction given to Mr. B. Stanley to make a general comment as to the municipality's ability to deal with these sites. Councillor M. Yantzi suggested that the City should be considering a brown field review at some point. Councillor T. Galloway advised that at the last Economic Development Advisory Committee meeting, it was indicated that there were a number of companies that specialize in working with brown field sites and that an approach might be to source out these companies and identify potential sites and profile them. Mayor C. Zehr pointed out that it was Volunteer Week and that on behalf of Council he wished to express appreciation to all of the volunteers working within the community for its betterment. Before consideration of the by-laws listed on the agenda, Councillor M. Yantzi advised that the owner of 35 Broadleaf Place was requesting that the by-law respecting this property be deferred for two weeks. On motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler, it was agreed to defer consideration of the by-law listed as item 10(c) and 13(b) on the agenda and refer It to the Council agenda of May 3, 1999 for consideration of three readings. APRIL 19, 1999 COUNCIL MINUTES - 139 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor John Smola That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to repeal a by-law (By-law 99-45 - Street Name Change - Wellington Street to Shirley Avenue) (b) Being a by-law to change the name of a certain street in the City of Kitchener (Wellington Street to Shirley Avenue) (c) To confirm all actions and proceedings of the Council (d) Being a by-law to exempt certain lots from Part Lot Control - Blocks 2 to 4 and Part Blocks 1 and 5, Registered Plan 58M-88; Part Block 5, Registered Plan 58M-84 and Part Block 9, Registered Plan 58M-88; and Block 10 and Part Block 1, Registered Plan 58M-88 - Deer Ridge Crescent and Deer Ridge Drive (e) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding Site Plan Control (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff (g) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code (h) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (i) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (j) 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 (k) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (m) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (n) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City 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. APRIL 19, 1999 COUNCIL MINUTES - 140 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (C) (d) (e) (f) (g) (h) (i) (j) Being a by-law to repeal a by-law Street to Shirley Avenue) (By-law 99-45 - Street Name Change - Wellington (By-law No. 99-60) To confirm all actions and proceedings of the Council (By-law No. 99-61 ) Being a by-law to exempt certain lots from Part Lot Control - Blocks 2 to 4 and Part Blocks 1 and 5, Registered Plan 58M-88; Part Block 5, Registered Plan 58M-84 and Part Block 9, Registered Plan 58M-88; and Block 10 and Part Block 1, Registered Plan 58M-88 - Deer Ridge Crescent and Deer Ridge Drive (By-law No.99-62) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding Site Plan Control (By-law No.99-63) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff (By-law No. 99-64) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code (By-law No. 99-65) 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. 99-66) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 99-67) 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. 99-68) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 99-69) APRIL 19, 1999 COUNCIL MINUTES - 141 - CITY OF KITCHENER (Cont'd) (k) To further amend By-law No. 94-'10'1, 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. 99-70) (I) To further amend By-law No. 94-'10'1, 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. 99-7'1 ) (m) To further amend By-law No. 94-'10'1, 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. 99-72) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES APRIL 19, 1999 - 142 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 1. A. That the Grand River North Community Plan be revised as follows: a) That Map A, General Land Use, be revised to redesignate the lands as shown on the attached map from Neighbourhood Institutional to Low Density Residential. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.p. 13, as amended, and Delegation By-law 97-061 of the Regional Municipality of Waterloo grant draft approval to Plan of Subdivision 30T-98203 in the City of Kitchener for Hallman-Rosedale Limited subject to the following conditions: That this approval applies to Plan of Subdivision 30T-98203 for Hallman-Rosedale Limited as shown on the plan prepared by Wright-Dietrich Ltd. dated March 23, 1999 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated April 7, 1999, which shows the following: Lots 1 - 16 (maximum of 16 single detached dwellings) CITY OF KITCHENER CONDITIONS That the subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions, which may be re- numbered, be written therein: 51. That the final plans for registration shall be prepared in accordance with the attached Plan of Subdivision dated April 7, 1999, provided that minor amendments to said plan, acceptable to the Assistant General Manager of Business and Planning Services, and not affecting the numbering of any blocks, may be permitted without amendment to this agreement. Any changes affecting the numbering of the blocks shall require an amendment to this agreement to reflect such changes. 52. That prior to any grading or construction on site or registration of any stage of the Plan, a Lot Grading Control Plan be approved by the City's General Manager of Public Works in consultation with the Grand River Conservation Authority. 53. Deleted. 54. That the owner prepare a Storm Water Management Report at their own expense in accordance with the City's Urban Drainage Policy in order to provide for modifications to Block 68, Plan 1829, to the satisfaction of the General Manager of Public Works and the Grand River Conservation Authority and in accordance with the Preliminary Storm Water Management Brief (Cumming Cockburn Limited - January 29, 1999) prior to applying for or being issued any building permits for the proposed development, and that the approved scheme be implemented prior to the occupancy of the proposed development. 55. That the name of the street within the Plan shall be that shown on the Plan of Subdivision. 56. That construction traffic to and from the proposed subdivision shall be restricted to using Keewatin Avenue to Lackner Boulevard. The subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Transportation. COUNCIL MINUTES APRIL 19, 1999 - 143 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 57. That a plan showing driveway locations for all lots shall be approved by the City's Director of Planning in consultation with the General Manager of Public Works prior to the installation of services within the Plan of Subdivision. 58. That the driveways for all lots be developed from Dineen Court only. 59. That in the event of Regional fence option 10a) the owner provide a planting strip having a minimum width of 4.5 metres for all lots abutting Lackner Boulevard (Regional Road 54). Said planting strip is to be developed at the Subdivider's cost in accordance with plans/drawings approved by the City's Director of Planning 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/Agreements of Purchase and Sale of lots on which the required planting strip has not been installed due to winter conditions. Further, the noise attenuation barriers as required in accordance with Section 3.6 herein, shall substitute for the planting strip requirement only in that location adjacent Lackner Boulevard where the noise attention barrier is required. 60. That an elevation plan for any dwellings constructed on Lot 12 be approved by the Director of Planning prior to the issuance of any building permit. 61. That a concrete transit pad be identified on the engineering servicing drawings and shall be installed by the Subdivider, at his own cost, all to the satisfaction of the General Manager of Public Works prior to the release of the Subdivision Plan for registration. 62. That the owner agree that no sewer and water service be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant be installed within 3.0 metres of a proposed street light pole or hydro pole. The owner shall review the Commission's engineering drawings and shall be responsible for insuring that these separations are maintained. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning and Culture. 2. Deleted. 3. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient capacity is available for this plan, or the portion of the plan to be registered. COUNCIL MINUTES APRIL 19, 1999 - 144 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of 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 and Culture prior to final approval of the subdivision plan. 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 Engineering where lands drain to a Regional facility. That the owner enter into an agreement with the Regional Municipality of Waterloo for Lot 11 and Lots 13 to 16 and that the following clause be included in the offers to purchase and deeds or rental agreements: "Due to its proximity to Lackner Boulevard (Regional Road 54), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals". That the owner construct a noise wall along Lackner Boulevard, adjacent to Lot 12, 0. 15 metres onto the road allowance from the southwest corner of the lot to within 6 metres of the front wall of the house to be constructed, in accordance with the "Noise Study, Proposed Development, Block 64 (30T-89021) Lackner Boulevard", which has been submitted to the Regional Municipality of Waterloo and the recommendations accepted. That the owner enter into an agreement with the Regional Municipality of Waterloo for Lot 12 and that the following clause be included in the offers to purchase and deeds or rental agreements: "Due to its proximity to Lackner Boulevard (Regional Road No. 54), projected noise levels on this property exceed the Noise Level Objectives approved by the Regional Municipality of Waterloo and may cause concern to some individuals. Moreover, this dwelling has been fitted with a forced air-ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants, and the lands have been developed such that noise attenuation features are included". 9. Deleted. a) 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. 54 (Lackner Boulevard) in accordance with Regional policies and procedures, except where a noise wall is required as per condition 3.6 above. COUNCIL MINUTES APRIL 19, 1999 - 145 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd b) If the owner should wish to construct a fence different from that set out in 10. a), the design and location must be approved by the Regional Commissioner of Engineering. The owner will be required to enter into an Agreement with the Region with respect to the maintenance of the fence, if required, prior to approval of the plan. OTHER AGENCY CONDITIONS 4. 1. That prior to any grading or construction on the site and prior to registration of the Plan, the owner prepare 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. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Regional Commissioner of Planning and Culture that conditions 3.1 to 3.10 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 Assistant General Manager of Business and Planning Services, the City of Kitchener is to be advised by the Grand River Conservation Authority that conditions 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Authority shall include a brief statement detailing how the condition has been satisfied. NOTES The owneddeveloper is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Char.qes Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) inquiries regarding the application of the City of Kitchener Development Charge By-law should be directed to the City of Kitchener; b) in accordance with subsection 5(2) of Regional Development Charge By-law, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: i) at the time of entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or ii) prior to entering into a subdivision agreement with City of Kitchener, the owneddeveloper may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 91-91; and c) the owneddeveloper is to provide the Regional Municipality of Waterloo with a copy of the proposed plan to be registered in conjunction with any payment made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. COUNCIL MINUTES APRIL 19, 1999 - 146 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd The final plans for Registration must be in conformity with Ontario Regulation 43~96, as amended, under The Registry Act. Draft approval will be reviewed by the City of Kitchener Council from time to time to determine whether draft approval should be maintained. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address, phone and fax number. Most of the Regional Municipality of Waterloo conditions can be satisfied through and 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. The owneddeveloper is advised that the Regional Municipality of Waterloo has adopted by-law 96-025 pursuant to Section 69 of the Planning Act, R. S.O. 1990 Chapter P.13, to prescribe a tariff of fees for certain processes related to Plans of Subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 52 of 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 Environment and Energy for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment and Energy for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of Environment for approval. 10. The owneddeveloper 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 owneddeveloper must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department to 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 registered, the owneddeveloper will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment in density, use and stipulate that should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owneddeveloper 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. COUNCIL MINUTES APRIL 19, 1999 - 147 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1. Cont'd 11. To ensure final approval prior to year end, it is the responsibility of the owner to ensure that all conditions have been satisfied and the required clearance letter, agreements, mylars, fees and any other required information or approvals have been deposited with the City Planner responsible for the file, no later than December 15th. City staff can not ensure that a plan will be given final approval prior to year end where the owner has failed to submit the appropriate documentation by this date. 12. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City. If the plans comply with the terms of approval, and we have received an assurance from the Region that the necessary arrangements have been made, the Assistant General Manager's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration under the Registry Act and for our use: One (1) original mylar four (4) mylar copies four (4) white paper prints 13. 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, Chapter P.13, as amended by S.O. 1996, c.4 (Bill 20). It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried, as amended) That Demolition Control Application DC 99/1/Q/PB (Benton Street Baptist Church) requesting approval for the demolition of one single detached dwelling located at 161 Queen Street, legally described as Part of Lot 35, Registered Plan 393, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That City Council allow the sanitary servicing of a portion of the Mannhelm Settlement Area in the Township of Wilmot to the Borden Sanitary Trunk Sewer subject to all of the following: a) the planned expansion to the Mannheim Settlement Area, which includes the proposed Mannheim Estates - Phase 2 development, be serviced via sanitary forcemain to the Borden Sanitary Trunk Sewer to the satisfaction of the City's General Manager of Public Works, and further, that capacity allocated within the Borden Sanitary Trunk Sewer, in an amount equivalent to 258 persons (77 units) be permanently transferred from Regional lands in Laurentian West to the Township of Wilmot, and further, that in the event the pumping station and forcemain are not a Regional facility, that a formal agreement between the City of Kitchener and the Township of Wilmot be entered into so as to enable sewage to cross the municipal boundary; and, b) agreement by the Region to undertake the appropriate engineering and financial studies to determine the equivalent sewer capacity required for water treatment purposes on the Regional lands in Laurentian West and to consider transferring any additional available capacity at a later date to enable existing development within the Mannheim Settlement Area to connect to centralized wastewater treatment facilities; and, COUNCIL MINUTES APRIL 19, 1999 - 148 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd c) agreement by the Region to modify Municipal Plan Amendment No. 1 to include the lands bounded by the limit of the natural Borden Sanitary Drainage Shed, Bleams Road, Trussler Road, and Highway #7/8 within Kitchener's "urban settlement boundary" as future residential development, with the understanding that detailed residential land use designations will be assigned following the completion of the Alder Creek Subwatershed Study; and, d) the inclusion of the lands described in (c) above within the City Urban Area designation, as shown on Map No. 6 of the Regional Official Policies Plan; and, e) a commitment by the Region to resolve land use designations relating to the remainder of the West Side Study area, affected by Municipal Plan Amendment No.l, simultaneously with the Regional Groundwater Protection Strategy and proposed Regional Official Policies Plan Amendment; and, f) the negotiation of satisfactory financial arrangements between the City of Kitchener and the Township of Wilmot, with such arrangements to include, but not be limited to, provisions for a portion of the development charges to be made payable to the City of Kitchener and the determination of an appropriate sewer surcharge to be paid by individual homeowners to cover sewage treatment costs. That City Council recommend to the Regional Municipality of Waterloo that a long-term economic view be studied and integrated into the Waterloo Region Airport's Master Plan and that the Region come back to this Committee with a draft report for discussion, outlining the pros and cons of all short-term and long-term solutions, prior to any final consideration by Regional Council (as outlined in the minutes from the March 24, 1999 Economic Development Advisory Committee meeting attached to Business and Planning Services staff report BPS 99/57). 5. That Business and Planning Services staff report BPS 98/153, being: Municipal Plan Amendment MP 99/03/B/JW - Bridgeport North Zone Change Application ZC 97/07/W/JW Subdivision Applications 30T-97005 and 30T-98205 Be deferred and referred to the May 10, 1999 Planning and Economic Development Committee meeting for further consideration. (Dealt with under Delegations and Motion Lost) That Business and Planning Services staff report BPS 99/53 (Identification of Significant Natural Areas) be referred to the Environmental Committee for consideration and report back to the Planning and Economic Development Committee. That Council appoint the Manager of Design and Development as the primary approval authority for Site Plan Approval, with the Director of Planning and the Assistant General Manager, Business and Planning Services, as the two alternates, by adopting the attached "Proposed By-law" to amend Clause 683.2 of the Municipal Code. COUNCIL MINUTES APRIL 19, 1999 - 149 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. A. That Council adopt Municipal Plan Amendment Application MP 99/03/B/JW (Bridgeport North), being an amendment to: 1. Revise Map 4, "Transportation" by adding minor collector roads within the Bridgeport North Community; and, Add special policies for the Bridgeport North Community to permit a golf course club house, or other buildings and uses accessory to outdoor recreation, outside of the flood plain on lands designated as residential, and to require approval of a block plan prior to land division, other than minor infilling severance, in the area south of Melitzer Creek. It is the opinion of this Council that approval of this Amendment to the City's Municipal Plan is proper planning for the City. That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990, Subdivision Application 30T-97005 in the City of Kitchener, for Southstaton Holdings Limited and Chapter P 13 as amended, and delegation by-law 97-061, grant draft approval to Plan of Activa Investment Corporation, subject to the following conditions: That this Holdings prepared 1999 and Kitchener approval applies to Plan of Subdivision 30T-97005 for Southstaton Limited and Activa Investment Corporation, as shown on the plan by MacNaughton Hermsen Britton Clarkson Ltd. dated January 22, as shown on the attached Plan of Subdivision prepared by the City of dated January 25, 1999, which shows the following: Blocks 1-29 - Block 30 - Block 31 - Blocks 32-34 - Block 35 - Blocks 36, 37 - Blocks 38-48 - Blocks 49, 50 - Block 51 - Blocks 52-58 - single detached dwellings park open space storm water management pumping station public walkway future development (single detached dwellings) temporary road/residential (single detached dwellings) temporary turning circle/residential 0.3m reserves This approval permits a maximum of 200 single detached dwelling units including blocks for future development and temporary road. 2. CITY OF KITCHENER CONDITIONS: That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be contained therein: The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated January 25, 1999, providing that minor changes to said plan, acceptable to the General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. To prepare a Lot Grading Control Plan to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. COUNCIL MINUTES APRIL 19, 1999 - 150 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 53. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan and with the Melitzer Creek Master Drainage Plan (as amended) as a guiding document for those lands draining to Melitzer Creek, to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to registration of the plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. The Subdivider agrees that, notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the Plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's General Manager of Public Works, and have been accepted by the City. 55. The Subdivider agrees that in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Director of Planning; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading; c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable), to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; d) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of The Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which the revised grading will have an adverse effect on the detailed vegetation plan; e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant and/or the COUNCIL MINUTES APRIL 19, 1999 - 151 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's Director of Planning and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. 56. That no building permit shall be applied for or issued for a dwelling on any lands within the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 57. That the street names within the Plan shall be as shown on the Plan of Subdivision. 58. That construction traffic to and from the proposed subdivision shall be prohibited from using Woolwich Street between Bridge Street and Bridle Trail. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Transportation. 59. That prior to the installation of services for the development of lotless blocks, to submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the Director of Planning, the General Manager of Public Works and the Commission's Engineer. 60. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's General Manager of Business and Planning Services, the City's General Manager of Public Works and the Commission's Engineer; ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a part lot control exemption by-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's General Manager of Business and Planning Services; iv) The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v) No building permits shall be issued until steps (i), (ii), (iii) and (iv) above are completed and the layout shown on the registered COUNCIL MINUTES APRIL 19, 1999 - 152 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi) Any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps (i), (ii), (iii) and (iv) above. vii) notwithstanding (v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not cornpromised, the Subdivider agrees that prior to the issuance of any Building Permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the Director of Planning, the General Manager of Public Works and the Commission's Engineer. b) to obtain approval of Iotting plans for each lot or block illustrating lotring, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building, Zoning and Inspections. 61. To make satisfactory arrangements with the City of Waterloo, including entering into an agreement to provide for the upgrading of Woolwich Street, to City of Waterloo standards, to full municipal services, from the north limit of Parts 42 and 43, Plan 58R-8607 (177 Woolwich Street) up to and including the intersection of Woolwich Street with Kiwanis Park Drive, as part of the development of this Plan, all to the satisfaction of Waterloo's City Engineer. Said agreement shall be registered prior to registration of the Plan, and shall make provision for financial securities to the satisfaction of Waterloo's City Engineer. 62. That an agreement between the City of Waterloo and the City of Kitchener, for the transfer of sanitary sewage between municipalities, shall be entered into prior to the issuance of building permits for dwellings within this plan of subdivision. 63. That water pressure reduction devices shall be installed, to the satisfaction of the City's Chief Building Official, for each dwelling unit with a finished floor elevation lower than 308.5masl, so that water pressure does not exceed the maximum standard of 100 psi. Furthermore, the Subdivider agrees that this clause shall not be released from title unless the finished floor elevation is 308.5 masl or greater, and that the following clause shall be included in all offers to purchase and rental agreements: "WARNING CLAUSE Due to the low elevation of the dwelling on this lot, a water pressure reduction device has been installed so that water pressure should not exceed the maximum standard of 100 pounds per square inch. The occupant is hereby advised not to remove the device." COUNCIL MINUTES APRIL 19, 1999 - 153 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) 64. That the entire Plan of Subdivision shall be registered in one stage, but may be serviced and developed in phases, with the extent of each phase to be shown on the servicing drawings to the satisfaction of the General Manager of Public Works. 65. That the registration of this Plan and the subsequent issuance of building permits can only occur consecutively with the registration and development of Plan 30T-98205 (Activa Holdings, Southstaton Holdings) in order to provide a primary and secondary means of access to the plan of subdivision. No occupancy permits shall be issued for any dwellings in this Plan until Falconridge Drive and Hawkswood Drive in Plan 30T-98205 (Activa Holdings, Southstaton Holdings) are constructed, accepted for the commencement of the maintenance guarantee period and are open to public traffic, to the satisfaction of the General Manager of Public Works. 66. That prior to or concurrently with registration of the plan of subdivision an easement shall be registered, in favour of the City of Kitchener, over the lands within the rear of Blocks 17 to 22 inclusive and 45 to 47 inclusive, between the Regulatory Floodline and the Structural Setback line as defined in the Slope Setback Analysis (Naylor Engineering, December 9, 1998). Furthermore the Subdivider agrees to install identification markers on each lot, to the satisfaction of the Director of Planning, prior to occupancy of dwellings on lots within Blocks 17, 18, 20 to 22 inclusive and 45 to 47 inclusive. The purpose of the easement shall be to advise purchasers of the structural setback line, to prohibit buildings and structures, including accessory buildings, decks, swimming pools and retaining walls, to prohibit the alteration of grading and the removal of natural vegetation, and to prohibit removal of identification markers. 67. To dedicate, by plan registration, to the City of Kitchener at no cost and free of encumbrance, Blocks 36 and 37 for public walkway purposes. 68. To convey to the City of Waterloo, at no cost and free of encumbrance, a 3.604 metre road widening along the entire Woolwich Street frontage of additional lands owned by the Subdivider, prior to plan registration. 69. To convey to the City of Kitchener, at no cost and free of encumbrance, 0.3 metre reserves along the entire Woolwich Street frontage of additional lands owned by the Subdivider, prior to plan registration. 70. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with registration of the subdivision plan: (a) Block (b) Block (c) Block (d) Block (e) Block (f) (g) 30, for park purposes, 31, for open space/community trail purposes, 32 for storm water management purposes, 33 for hazard land/storm drainage purposes, 34 for hazard land/storm water management purposes, Block 35, for a sewage pumping station, and Blocks 52 to 57 inclusive, for 0.3 metre reserves. 71. That the conveyance of Block 30 to the City, at no cost and free of encumbrance, concurrently with the registration of the Plan shall satisfy the 5% parkland dedication required for the entire plan of subdivision, being 20.315 hectares, as well as the 5% parkland dedication to be required for the entire future plan(s) of subdivision on additional adjoining lands owned by the subdivider, being 21.319 hectares. In this regard, an ancillary agreement shall be registered on title of said additional lands, COUNCIL MINUTES APRIL 19, 1999 - 154 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) immediately subsequent to the conveyance of Block 30, to confirm that the park dedication has been satisfied for the future subdivision of said additional lands. 72. That the City of Kitchener shall pay the Subdivider market value for the 0.6483 hectares of land above the 5% park dedication as required under The Planning Act and above the 5% parkland dedication for the entire future plan(s) of subdivision on additional adjoining lands owned by the subdivider. The City will purchase the excess parkland through the Park Trust Fund Account Number 8285 and the fair market value shall be determined by the City's Land Purchasing Officer. The City shall pay the subdivider the required value of the land at draft plan approval at the time of registration of the Plan of Subdivision. 73. To fill, compact and grade in both a preliminary and finished form, topsoil and seed/sod Block 30 to the satisfaction of the General Manager of Parks and Recreation. Grading plans and implementation within Block 30 shall include making allowance for 4 metre wide flat areas with a maximum gradient of 5% for future trail link purposes. All works required of the Subdivider by this Section shall be completed in conjunction with the timing of grading of surrounding residential development not to exceed two years from the registration of the subdivision plan or at any alternate time approved in writing by the General Manager of Parks and Recreation. 74. To install to the satisfaction of the City's General Manager of Parks and Recreation a boundary identification system along the westerly limit of Block 31, and along the lot lines which abut Block 33 prior to occupancy of dwellings on Block 20. The Subdivider further agrees to include a statement advising of the marking system requirement in all Offers to Purchase and Agreements of Purchase and Sale for the Lots affected by this Section. 75. To include provision for a 4 metre wide flat area with a maximum gradient of 5% for a community trail within Block 31 and/or Block 32 on the Lot Grading Control Plan referred to in Clause 52, to the satisfaction of the General Manager of Parks and Recreation, in consultation with the General Manager of Public Works. The subdivider further agrees to fill, compact, and grade in both preliminary and finished form, and topsoil and seed/sod the necessary portions of Block 31 and/or Block 32 to the satisfaction of the General Manager of Parks and Recreation, to be completed in conjunction with the timing of grading of surrounding residential development, not to exceed two years from the registration of the subdivision plan or at an alternate time approved in writing by the General Manager of Parks and Recreation. 76. To construct a temporary maintenance access road from Kestrel Street to Block 34 prior to applying for or being issued any occupancy permits within this Plan. Said temporary road is to be located on additional lands owned by the Subdivider and designed and built to the satisfaction of the General Manager of Public Works. The Subdivider hereby agrees to assume all liability with respect to the construction and use of the temporary access road. Further, the Subdivider agrees to install temporary barricades at the north end of Kestrel Street, to the satisfaction of the Director of Transportation, prior to applying for or being issued any occupancy permits in this Plan. Upon dedication and construction of a public street from Kestrel Street to Block 34, the temporary road and barricades shall be removed at the cost of the Subdivider. COUNCIL MINUTES APRIL 19, 1999 - 155 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) 77. To be responsible for the maintenance of Block 34, owing to its use as a siltation control facility during construction on additional lands owned by the Subdivider. 78. To install 1.2m high chain link fencing along the east limit of Block 35, as and when required by, and to the satisfaction of the General Manager of Public Works. 79. That no dwelling shall be constructed within 15m of the sewage pumping station to be constructed on Block 35. 80. To construct at its cost and to the satisfaction of the General Manager of Public Works, public walkways within Blocks 36 and 37 as part of the development of the plan. 81. That no building permits shall be applied for or issued for Blocks 38-48 inclusive until such blocks are consolidated with adjacent lands. 82. That the existing accessory building on Block 46 be removed prior to registration of the plan. 83. To construct a temporary access road to City standards on Blocks 49 and 50. Said access road shall be designed, constructed and ultimately removed, when required by and to the satisfaction of the General Manager of Public Works. No building permits will be issued for Blocks 49 or 50 until the access road is removed. 84. To construct a temporary turning circle to City standards on Block 51. Said turning circle shall be designed, constructed and ultimately removed when required by and to the satisfaction of the General Manager of Public Works. No building permits will be issued for Block 51 until the turning circle is removed. 85. That the City Solicitor arrange for the passing of a by-law opening each or all of reserve Blocks 52 to 57 inclusive, and the 0.3 metre reserves along the entire Woolwich Street frontage of additional lands owned by the Subdivider, as "public highway" at such time as adjoining streets are constructed, accepted and are open to public traffic, and subdivision plans for adjacent lands have been registered. 86. To construct 1.5 metre concrete sidewalks to the satisfaction of the General Manager of Public Works, in the following locations: both sides of Falconridge Drive, Hawkswood Drive, Owl Ridge Street, Kestrel Street, Riverlink Way, and Eaglecrest Street, and ii) the east side of Kestrel Place. 87. The Subdivider agrees to extend municipal water service to the front property line of the nine properties fronting the east side of the private lane south of Kestrel Place, to the satisfaction of the City's General Manager of Public Works, prior to construction of the forcemain or pumping station, in order to ensure that water supply to the homes is not disrupted as a result of the proposed subdivision development, and to arrange for the City to obtain a service easement for this purpose prior to construction. Furthermore, the Subdivider agrees to provide an allowance to each of the nine property owners for 100% of the cost of connecting the service to each dwelling, to the satisfaction of the City's General Manager of Business and Planning Services, all at the Subdivider's cost. If the COUNCIL MINUTES APRIL 19, 1999 - 156 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) easement cannot be obtained, the Subdivider agrees to provide a water supply to the satisfaction of the City's General Manager of Public Works and at the Subdivider's cost for the nine said properties, in the event the existing water supply to the homes is disrupted and cut off within two years of the completion of underground services for the entire subdivision, as a result of the subdivision development. 88. To grant to the City of Kitchener, without cost and free of encumbrance, prior to registration of the plan, a right-of-way over additional lands owned by the Subdivider, for community trail purposes adjacent to the Grand River and adjacent to the flood line of the Grand River. Said right-of-way shall be subject to such terms and conditions as are established to the mutual satisfaction of the Subdivider and the City Solicitor. 89. To obtain from the Grand River Conservation Authority, a Fill, Construction and Alteration to Waterways Permit for any filling, grading or proposed structures, including roads, stormwater management facilities and/or outlets located within Floodline for the Grand River associated with Melitzer Creek. site grading, the installation of Subdivision Plan. the scheduled Fill Line or Regulatory and/or the Regulatory Floodline/Fill Line Such permit shall be obtained prior to on- services and prior to registration of the 90. That the total number of building lots on all lands within the plan shall be limited to 200. The Subdivider agrees that no Part Lot Control Exemption By-law shall be applied for or passed to create more than a total of 200 lots, and no building permit shall be applied for or issued for a dwelling on any lands within the Plan after building permits have been issued for 200 dwellings on lands within the plan. 91. The SUBDIVIDER agrees that the pumping station and force main shall be completed to the satisfaction of the General Manager of Public Works. It is acknowledged that these works are included in the City's Development Charges By-law 91-314, as amended, and the City shall be responsible for 100% of the cost of these works. If sufficient money is not allocated from the CITY'S Development Charge Account to permit the CITY to fund these works and the SUBDIVIDER wishes to proceed, the SUBDIVIDER agrees to provide and up-front the costs of the works. Accordingly, the CITY agrees to recognize any monies paid by the SUBDIVIDER for any works or services normally paid out of the City's Development Charge account, with such monies representing a credit towards any City Development Charge payable for each lot or block only within the registered plan. Said credit shall be granted initially for that portion of the applicable Development Charge with respect to Engineering Services required to be paid prior to the CITY'S release of the plan of subdivision for registration. Any remaining credits will be granted for that portion of the Development Charges payable prior to the issuance of building permits for those lots or blocks identified by the Subdivider and included in a Supplementary Agreement with the City to be registered against the title of each identified lot or block. If, following the registration of the entire plan of subdivision and issuance of all building permits, there is any outstanding balance, it shall remain with the lands to be used as a credit for future development. COUNCIL MINUTES APRIL 19, 1999 - 157 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) If the registration of the plan is staged, a Supplementary Agreement identifying each lot or block for which credits are payable shall be registered for each stage prior to the registration of each stage of the plan of subdivision, until there is no outstanding balance remaining. When no outstanding credit balance remains, then the Development Charges will be paid in the normal manner in accordance with the City's By-law. 92. That prior to or concurrently with the registration of this plan of subdivision, to convey a sanitary sewer easement over the south leg of the future extension of Falconridge Drive (between the limits of the subdivision and Woolwich Street) to both the City of Kitchener and the City of Waterloo. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: 1) That the owner prepare a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate road noise levels for Woolwich Street, and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved study attenuation measures prior to the issuance of building permits. 2) 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 in 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." 3) That the owners of 30T-97005 and 30T-98205 be required to complete a Traffic Impact Study for the intersection of Bridge Street and Bridle Trail and implement the results of the study prior to final approval of the plan. 4) That the owner identify which lots or blocks will have a dwelling unit with a finished floor elevation lower than 308.5 and enter into an agreement with COUNCIL MINUTES APRIL 19, 1999 - 158 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) the City of Kitchener to include water pressure reduction devices for each dwelling unit to not exceed the maximum standard of 100 psi and include in the offers to purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it not be removed by the owner. 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: 1. a) A detailed Stormwater Management Report and Plan in accordance with the approved Environmental Implementation Report (Stanley - June 1998) and supplementary geotechnical report (Naylor - Dec., 1998). b) A final Grading and Drainage Plan, and final Erosion and Sediment Control Plan in accordance with the Grand River Conservation Authority's guidelines, and having consideration for the grading limits as indicated in the Naylor supplementary geotechnical report dated december 9, 1998, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction, and c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, stormwater management facilities and/or outlets located within the scheduled Fill Line or regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Melitzer Creek. That the subdivision agreement between the owners and the city of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan, the City's Assistant General Manager of Business and Planning Services is to be satisfied that all pre- registration requirements in Condition 2 have been met. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the General Manager is to be advised by the Regional Commissioner of Planning and Culture that Condition 3 has 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 assistant General Manager of Business and Planning Services, the General Manager is to be advised by the Grand River Conservation Authority that Condition 4 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority shall include a brief statement detailing how the condition has been satisfied. COUNCIL MINUTES APRIL 19, 1999 - 159 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) NOTES The owneddeveloper is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Charges Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: a) Inquiries regarding the application of the Area Municipal Development Charge By-law should be directed to the City of Kitchener. b) In accordance with subsection 5(2) of Regional Development Charge By-law, 91-91 as amended, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: i) at the time of entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or ii) prior to entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 91-91. c) The owneddeveloper is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered in conjunction with a written payment calculation request made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning and Development Departments of any changes in ownership, agent, address and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owneddeveloper is advised that the Regional Municipality of Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. COUNCIL MINUTES APRIL 19, 1999 - 160 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. The owneddeveloper 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 owneddeveloper 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 owneddeveloper 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 owneddeveloper is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning 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. 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 COUNCIL MINUTES APRIL 19, 1999 - 161 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Assistant General Manager of Business and Planning Services will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) Original mylar four (4) mylar copies four (4) white paper prints That 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-98205 in the City of Kitchener, for Activa Holdings Inc. and Southstaton Holdings Limited, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-98205 for Activa Holdings Inc. and Southstaton Holdings Limited, as shown on the plan prepared by MacNaughton Herrosen Britton Clarkson Ltd. dated January 22, 1999 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated January 25, 1999, which shows the following: Blocks 1-21 - Block 22 - Blocks 23-25 Blocks 26, 27 - Blocks 28, 29 - Blocks 30-36 single detached dwellings school road widening public walkway future development (single detached dwellings) 0.3m reserves This approval permits a maximum of 100 single detached dwelling units including future development blocks. 2. CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision, and the following special conditions shall be written therein. The Subdivider covenants and agrees: 51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated January 25, 1999, providing that minor changes to said plan, acceptable to the General Manager of Business and Planning Services and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 52. To prepare a Lot Grading Control Plan to the satisfaction of the City's General Manager of Public Works in consultation with the City's General Manager of Parks and Recreation, and the Grand River Conservation Authority, prior to any grading or construction on site and prior to registration of the Plan. 53. To prepare a detailed engineering design for storm water management in accordance with the approved concept plan and with the Melitzer Creek Master Drainage Plan (as amended) as a guiding document for those lands draining to Melitzer Creek, to the satisfaction of the City's General COUNCIL MINUTES APRIL 19, 1999 - 162 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) Manager of Public Works in consultation with the City's General Manager of Parks and Recreation and the Grand River Conservation Authority, prior to any grading or construction on the site and prior to registration of the plan. Said engineering design shall include an erosion and siltation control plan indicating the means whereby erosion will be minimized and silt maintained on site throughout all phases of grading and construction. The Subdivider further agrees to implement all required measures as outlined in the approved final design. 54. The Subdivider agrees that, notwithstanding any bonding arrangements, no building permit shall be applied for or issued for a dwelling on any lands within the Plan until the sanitary pumping station, forcemain and related appurtenances are constructed and operational to the satisfaction of the City's General Manager of Public Works, and have been accepted by the City. 55. The Subdivider agrees that in consideration of the wooded character of portions of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, to comply with the following process in the development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City releasing the Subdivision Plan for registration, the Subdivider shall submit the detailed vegetation plan for the approval of the City's Director of Planning; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, and inspected by the City and the Subdivider has received a written authorization from the City's General Manager of Public Works to proceed with said grading; c) to implement and be responsible for providing all information contained in the approved detailed vegetation plan, tree preservation/enhancement plan (if applicable), to all of its heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; d) a tree preservation/enhancement plan will be required prior to applying for or having issued any building permits for those lots or blocks which are subject to site plan approval under Section 41 of The Planning Act, corner lots where site service locations and building type have not been predetermined, interior lots having street frontage greater than 13.7 metres, proposed buildings that are located deeper on the lot than approved on the detailed vegetation plan and/or on which the revised grading will have an adverse effect on the detailed vegetation plan; e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing or bark doctoring shall be implemented at the Subdivider's cost and as directed by the Subdivider's Environmental Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe, in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out COUNCIL MINUTES APRIL 19, 1999 - 163 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) in "Guide for Plan Appraisal" of the International Society of Arboriculture, latest edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the City's Director of Planning and shall be satisfactorily implemented prior to occupancy of the units or, due to weather conditions, by the next planting season. 56. That no building permit shall be applied for or issued for a dwelling on any lands within the Plan until satisfactory arrangements are made with the City's Chief Building Official regarding the installation and maintenance of a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this Plan. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. Prior to occupancy of each dwelling, the Subdivider shall confirm with the Chief Building Official that such system is operational. Such system shall remain operational in perpetuity and this condition shall not be released from title unless and until the City's Solicitor is notified by the City's Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 57. That the street names within the Plan shall be as shown on the Plan of Subdivision. 58. That construction traffic to and from the proposed subdivision shall be prohibited from using Woolwich Street between Bridge Street and Bridle Trail. The Subdivider agrees to advise all relevant contractors, builders, and other persons of the requirement, with the Subdivider being responsible for any signage, if required, all to the satisfaction of the City's Director of Transportation. 59. That prior to the installation of services for the development of lotless blocks, to submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the Director of Planning, the General Manager of Public Works and the Commission's Engineer. 60. That the division of any lots or blocks by Part Lot Control shall be subject to compliance with the following requirements: The Subdivider shall submit a draft reference plan for each lot or block, and obtain approval of the draft reference plan from the City's General Manager of Business and Planning Services, the City's General Manager of Public Works and the Commission's Engineer; ii) The Subdivider shall pay all current outstanding taxes prior to the submission of a part lot control exemption by-law to the City's Council; iii) The draft reference plan approved above shall be deposited in accordance with the Land Titles Act and three copies submitted to the City's General Manager of Business and Planning Services; iv) The Subdivider shall receive final approval of a Part Lot Control Exemption By-law; v) No building permits shall be issued until steps (i), (ii), (iii) and (iv) above are completed and the layout shown on the registered COUNCIL MINUTES APRIL 19, 1999 - 164 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) reference plan is in compliance with the approved reference plan and the approved servicing and grading plans; vi) Any further division of lands to create additional building parcels shall require the submission of subsequent reference plans to be approved in accordance with steps (i), (ii), (iii) and (iv) above. vii) notwithstanding (v) above, in the event that only one dwelling is to be constructed on a block in advance of final approval of a Part Lot Control Exemption By-law, in order to ensure that the proper and orderly ultimate development of the block is not cornpromised, the Subdivider agrees that prior to the issuance of any Building Permits: a) to submit a draft reference plan for each block, showing all required maintenance easements and eave encroachments if the lots or blocks are proposed for zero sideyard housing, and obtain approval of the draft reference plan from the Director of Planning, the General Manager of Public Works and the Commission's Engineer. b) to obtain approval of Iotting plans for each lot or block illustrating lotring, service connections, street utility hardware and proposed grades, together with building envelopes and driveway locations where required, in conformity with the approved draft reference plan as set out above, from the City's Director of Building, Zoning and Inspections. 61. To make satisfactory arrangements with the City of Waterloo, including entering into an agreement to provide for the upgrading of Woolwich Street, to City of Waterloo standards, to full municipal services, from the north limit of Parts 42 and 43, Plan 58R-8607 (177 Woolwich Street) up to and including the intersection of Woolwich Street with Kiwanis Park Drive, as part of the development of this Plan, all to the satisfaction of Waterloo's City Engineer. Said agreement shall be registered prior to registration of the Plan, and shall make provision for financial securities to the satisfaction of Waterloo's City Engineer. 62. That an agreement between the City of Waterloo and the City of Kitchener, for the transfer of sanitary sewage between municipalities, shall be entered into prior to the issuance of building permits for dwellings within this plan of subdivision. 63. That water pressure reduction devices shall be installed, to the satisfaction of the City's Chief Building Official, for each dwelling unit with a finished floor elevation lower than 308.5masl, so that water pressure does not exceed the maximum standard of 100 psi. Furthermore, the Subdivider agrees that this clause shall not be released from title unless the finished floor elevation is 308.5 masl or greater, and that the following clause shall be included in all offers to purchase and rental agreements: "WARNING CLAUSE Due to the low elevation of the dwelling on this lot, a water pressure reduction device has been installed so that water pressure should not exceed the maximum standard of 100 pounds per square inch. The occupant is hereby advised not to remove the device." COUNCIL MINUTES APRIL 19, 1999 - 165 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) 64. That the entire Plan of Subdivision shall be registered in one stage, but may be serviced and developed in phases, with the extent of each phase to be shown on the servicing drawings to the satisfaction of the General Manager of Public Works. 65. That the registration of this Plan and the subsequent issuance of building permits can only occur consecutively with the registration and development of Plan 30T-97005 (Southstaton Holdings, Activa Investment Corp.) in order to provide a means of servicing for the plan of subdivision. No occupancy permits shall be issued for any dwellings within this plan until a sanitary sewer outlet, through Plan 30T-97005 (Southstaton Holdings, Activa Investment Corp.) to the pumping station, is installed and operational to the satisfaction of the General Manager of Public Works and accepted by the City for the commencement of the guarantee period. 66. To dedicate by plan registration, to the City of Kitchener, Blocks 26 and 27 for public walkway purposes, at no cost and free of encumbrance. 67. To dedicate by plan registration, to the City of Waterloo, Blocks 23-25 for the widening of Woolwich Street, at no cost and free of encumbrance. 68. To convey to the City of Kitchener Blocks 30 to 36 inclusive, for 0.3 metre reserves, at no cost and free of encumbrance, concurrently with registration of the subdivision plan. 69. To make a cash contribution to the City of Kitchener Park Trust Fund Account in lieu of land for park purposes and in fulfilment of the Planning Act's park dedication requirement. Said contribution shall be equivalent to 5% of the land being subdivided, being 0.592 hectares of land, with said value and contribution being determined as of the day before the day of draft approval and paid immediately prior to the registration of the subdivision. 70. That Block 22 be reserved for the Waterloo Region District School Board. The Subdivider agrees to obtain a letter from said School Board indicating that a satisfactory agreement has been entered into with respect to the acquisition of Block 22 for school purposes, to be received by the City's Department of Business and Planning Services, prior to registration of the Subdivision Plan. 71. To construct at its cost and to the satisfaction of the General Manager of Public Works, public walkways within Blocks 26 and 27, as part of the development of the plan. 72. That no building permits shall be applied for or issued for Blocks 28 or 29 until such blocks are consolidated for development. 73. That the City Solicitor arrange for the passing of a by-law opening each or all of reserve Blocks 30 to 36 inclusive as "public highway", at such time as adjoining streets are constructed, accepted and are open to public traffic, and subdivision plans for adjacent lands have been registered. 74. To construct 1.5 metre concrete sidewalks to the satisfaction of the General Manager of Public Works, in the following locations: i) both sides of Falconridge Drive and Hawkswood Drive, ii) both sides of Redtail Street between Falconridge Drive and Hawkswood Drive, and the east and south side of Kiwanis Park Drive. iii) COUNCIL MINUTES APRIL 19, 1999 - 166 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) 75. That the total number of building lots on all lands within the plan shall be limited to 100. The Subdivider agrees that no Part Lot Control Exemption By-law shall be applied for or passed to create more than a total of 100 lots, and no building permit shall be applied for or issued for a dwelling on any lands within the Plan after building permits have been issued for 100 dwellings on lands within the plan. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning and Culture: 1) That the owner prepare a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate road noise levels for Woolwich Street, and if necessary, shall enter into an agreement with the City of Kitchener to provide for implementation of the approved study attenuation measures prior to the issuance of building permits. 2) 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 in 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." 3) That the owners of 30T-97005 and 30T-98205 be required to complete a Traffic Impact Study for the intersection of Bridge Street and Bridle Trail and implement the results of the study prior to final approval of the plan. 4) That the owner identify which lots or blocks will have a dwelling unit with a finished floor elevation lower than 308.5 and enter into an agreement with the City of Kitchener to include water pressure reduction devices for each dwelling unit to not exceed the maximum standard of 100 psi and include in the offers to purchase and rental agreements, a clause identifying the presence of the water pressure reduction devices and advising that it not be removed by the owner. COUNCIL MINUTES APRIL 19, 1999 - 167 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) 4. OTHER AGENCY CONDITIONS That prior to the commencement of any grading or construction on the site, and prior to registration of the plan, the owner shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: 1. a) A detailed Stormwater Management Report and Plan in accordance with the approved Environmental Implementation Report (Stanley - June 1998) and supplementary geotechnical report (Naylor - Dec., 1998). b) A final Grading and Drainage Plan, and final Erosion and Sediment Control Plan in accordance with the Grand River Conservation Authority's guidelines, and having consideration for the grading limits as indicated in the Naylor supplementary geotechnical report dated December 9, 1998, indicating the means whereby erosion will be minimized and sediment maintained on-site throughout all phases of grading and construction, and c) A Fill, Construction and Alteration to Waterways permit application for any filling, grading or proposed structures, including roads, stormwater management facilities and/or outlets located within the scheduled Fill Line or regulatory Floodline for the Grand River and/or the Regulatory Floodline/Fill Line associated with Melitzer Creek. That the subdivision agreement between the owners and the city of Kitchener contain provisions for the completion of the works in accordance with the approved plans and reports noted in a) through c) above. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan, the City's Assistant General Manager of Business and Planning Services is to be satisfied that all pre- registration requirements in Condition 2 have been met. That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the General Manager is to be advised by the Regional Commissioner of Planning and Culture that Condition 3 has 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 Assistant General Manager of Business and Planning Services the General Manager is to be advised by the Grand River Conservation Authority that Condition 4 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority shall include a brief statement detailing how the condition has been satisfied. NOTES The owneddeveloper is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality adopted in accordance with the Development Charges Act, S.O. 1989 apply to this draft approval and are to be satisfied as follows: COUNCIL MINUTES APRIL 19, 1999 - 168 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) a) Inquiries regarding the application of the Area Municipal Development Charge By-law should be directed to the City of Kitchener. b) In accordance with subsection 5(2) of Regional Development Charge By-law, 91-91 as amended, ONE OF THE FOLLOWING OPTIONS CAN BE UTILIZED: i) at the time of entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may pay 100% of the "Hard Service" development charge component as calculated in accordance with section 1 of Schedule "C" of By-law 91-91, directly to the Regional Municipality of Waterloo; or ii) prior to entering into a subdivision agreement with the City of Kitchener, the owneddeveloper may enter into an agreement with the Regional Municipality of Waterloo to defer payment of the "Hard Service" development charge component in accordance with section 2 of Schedule "C" of By-law 91-91. c) The owneddeveloper is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered in conjunction with a written payment calculation request made under b) above. In addition to the normal registered requirements, this plan must either include or be accompanied by a listing that includes metric area calculations certified by an Ontario Land Surveyor for every lot and block on the plan. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Planning Departments of any changes in ownership, agent, address and phone number. Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. The owneddeveloper is advised that the Regional Municipality of Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. COUNCIL MINUTES APRIL 19, 1999 - 169 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. The owneddeveloper 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 owneddeveloper 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 owneddeveloper 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 owneddeveloper is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. To ensure that a Regional Release is issued by the Regional Commissioner of Planning 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. 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: COUNCIL MINUTES APRIL 19, 1999 - 170 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 8. (Cont'd) One (1) Original mylar four (4) mylar copies four (4) white paper prints That Zone Change Application ZC 97/07/W/JW (Southstaton Holdings Limited, Activa Holdings Inc., Activa Investment Corporation) requesting a change in zoning from Agricultural (A-l) to Residential Two (R-2), Residential Three (R-3) and Residential Six (R-6) with special regulation provisions, Neighbourhood Institutional (I-1), Public Park (P-1) and Open Space (P-2), according to By-law 85-1, on Part of Lots 66, 124 and 125, German Company Tract, be approved in the form shown in the attached Proposed By- law dated revised March 12, 1999, in respect to form only, without conditions. It is the opinion of this Council that approval of this application is proper planning for the City and is in conformity with an Amendment (Bridgeport North) to the City's Municipal Plan. E. That Council adopt the following policy: That within the Bridgeport North community a network of community trails and bike routes be established, as shown conceptually on the "Bridgeport North Community Trail / Bike Route Plan" dated 1999 02 09, in order to provide continuous open space linkages between open space areas, and provide recreational opportunities and visual amenities for the public. That the request of Southstaton Holdings Limited and Activa Investment Corp for an exemption to Council's Street Naming Policy (I-680), to allow the name "Riverlink Way" rather than "Riverlink Street" in Plan 30T-97005, be denied. That the Council of the City of Kitchener request the Regional Municipality of Waterloo to defer the minor collector road (Falconridge Drive) as shown on Revised Map 4, "Transportation" from the Municipal Plan Amendment (Bridgeport North). (Dealt with under Delegations and Carried) COMMUNITY SERVICES COMMITTEE - That the City of Kitchener renew the grass cutting services contract for 1999, with K-W Habilitation Services, for a total estimated cost of $36,229.00, and further That the Mayor and Clerk be authorized to sign an agreement with K-W Habilitation for grass cutting services, as prepared by the City Solicitor. That Council delegate to each of the supervisors of Doon Valley Golf Course and Rockway Golf Course, and in their absence, to the Manager of Cemetery and Golf Course Operations, the authority to sign LLBO Liquor Licence Renewal Applications for their respective facilities. That Council approve the request of the K-W Special Olympics for a cash grant in the amount of $3,268.00, and an in-kind grant in the amount of $1,731.00, for their event to take place from July 30-August 1, 1999. That we approve the request of the Waterloo County and Area Quilt Festival for a cash grant in the amount of $1,700.00 and an in-kind grant in the amount of $300.00 for the Waterloo County and Area Quilt Festival to be held from May 20-30, 1999, and further That the Waterloo County and Area Quilt festival be added to the list of organizations to be considered for annual grants. That no action be taken on the request of the Canada World Youth for a grant in the amount of $1,000.00. COUNCIL MINUTES APRIL 19, 1999 - 171 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That no action be taken on the request of the Betty Thompson Youth Centre for a cash grant in the amount of $10,000.00, and further That staff work with the Betty Thompson Youth Centre on the possibility of them becoming an annual grant organization relating to their recreational or transit requirements. That no fee be charged for the Trauma Reduction Injury Prevention and Safety Collation's use of the City Hall Rotunda on May 20, 1999. ENVIRONMENTAL COMMITTEE - That the Environmental Committee endorse the City of Kitchener Clean Air Plan, in principle, as presented to the Committee on April 14, 1999, and recommend it be referred to the Finance and Administration Committee meeting of April 26, 1999 for consideration of City-wide implications. FINANCE AND ADMINISTRATION COMMITTEE - That, effective April 19, 1999, a permanent full-time position of Licensing Officer be created in the Clerk's Division of the Corporate Services & City Clerk's Department. That the "Open Ears Festival of Music and Sound" be permitted to locate on the following City owned property, from May 19 - 24, 1999, as follows: Victoria Park, City Hall, Goudies Green and Centre in the Square, subject to their permission; and further, That the "Open Ears Festival of Music and Sound" be permitted to locate a "Market Place" on Goudies Green, from May 19 - 24, 1999, subject to City staff approval of a site plan showing the location of the vendors; and further, That the "Open Ears Festival of Music and Sound" be permitted to invite food vendors to locate on the following City owned properties: Victoria Park, City Hall, Goudies Green and Centre in the Square, subject to their permission; and further, That, from May 19 - 24, 1999, the "Open Ears Festival of Music and Sound" be permitted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code. That the City of Kitchener has no objection to the Canadian Red Cross Society, Ontario Administration Offices, 5700 Cancross Court, Mississauga, Ontario, being granted permission to sell raffle tickets in the City of Kitchener for a draw to be held on June 30, 1999, with an Early Bird Draw on June 16, 1999. That the reduced fee of $10.00 be applicable for the Temporary Retail Market Licence for the Firefighters' Muster on May 20, 1999, to be held at the Doon Heritage Crossroads. That Robertson Amusements be permitted to operate a midway at 1001 Ottawa Street South, Kitchener, on April 22 - 25, 1999, inclusive, subject to the following conditions: a) That notice shall be given to the neighbouring property owners in accordance with Council's policy; b) That Robertson Amusements shall obtain a signed agreement from Westmount Funeral Home prior to the midway taking place; c) That any damage to City property shall be repaired at the sole cost of Robertson Amusements; d) That Robertson Amusements shall be responsible for the cost of all garbage collection and disposal from the midway. (Dealt with under delegations and carried) COUNCIL MINUTES APRIL 19, 1999 - 172 - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 6. CITY OF KITCHENER That all applicants for liquor licences in the downtown be notified of City Council's policy in regard to such applications and be requested to complete an information form, to be filed with the City Clerk; and further, That the information form, to be completed by applicants for liquor licenses in the downtown, request the following information: a) The proposed name of the establishment, b) The size and layout of the premises, depicted with a scaled floor plan, c) The total occupant load, d) The nature of the business (e.g. bar, restaurant etc.) e) The anticipated percentage of liquor sales in relation to gross sales, f) The hours of operation, g) The intended market, h) The type of entertainment, if any, i) The types of ancillary entertainment (e.g. videogames, pool tables, etc.), if any, j) The planned security, k) The location of any other licensed establishment owned and/or operated by the applicant, I) Any other information which the applicant wishes to provide; and further, That a committee, comprised of representatives from the Legal, Business & Planning Services and Corporate Services & City Clerk's Departments and the KDBA be formed to review the information form completed by applicants for liquor licences in the downtown, together with any other information available to the committee; and further, That the committee, established to review information forms completed by applicants for liquor licenses in the downtown, report to the Finance and Administration Committee with a recommendation for or against the passage of a resolution opposing the application as contrary to the public interest, having regard to the needs and wishes of residents of Kitchener, with consideration to the following factors: a) The owner's and/or operator's performance record, including by-law violations, building/fire/health code infractions and liquor licences offences, The proximity of the premises to other licensed establishments, The proximity of the premises to other uses such as existing dwelling units, The size of the premises - occupant load and floor area, The ratio of liquor sales to gross sales, The proportion of the premises dedicated to ancillary entertainment, The hours of operation, Any other factors the Committee considers relevant. b) f) g) h) COUNCIL MINUTES APRIL 19, 1999 - 173 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That the Business and Planning Services Department be located on the 5th and 6th floors and the space remaining on the 4th floor, at City Hall, at a cost of $153,000.00; and further, That the Records Management Division and the new Division of Corporate Communication be moved to the former Economic Development offices on the 2nd floor of City Hall, at a cost of $16,000.00; and further, That the vacated ground floor space at City Hall be converted to storage for Rotunda events and Information Services storage, at a cost of $10,000.00; and further, That the cost of implementing the City Hall Allocation of Space Report, prepared by Fire Chief J. Hancock, dated April 9, 1999, as considered by the Finance and Administration Committee on April 12, 1999, be paid from the Capital Contingency. That the Action Objectives 1.1 to 1.9, as set out in the Stress Action Survey report of Wayne Hussey Consulting Inc., dated March 25, 1999, be supported, in principle, and be forwarded to the Steering Committee for the purpose of preparing a detailed implementation plan; and further, That a co-ordinator be hired on a temporary basis, for a period of up to one year, to assist the Steering Committee and the C.A.O. in the implementation of the action objectives contained within the Stress Action Survey report of Wayne Hussey Consulting Inc., dated March 25, 1999. That no action be taken on the suggestion of Ms. T. Beaulne, in her letter dated Monday March 29, 1999, as considered by the Finance and Administration Committee on April 12, 1999, for funding from the proceeds of the road closure relative to the Mutual Group applications, into the neighbourhood. (As Amended) 10. That the property owner be notified that City Council intends to consider a by-law, at the April 19, 1999 Council meeting, authorizing the removal of waste material from 35 Broadleaf Place, at the property owner's expense, if this has not been done by the owner on or before April 29, 1999. 11. That the property at 908 Highland Road West, located on the north side of the street between Fischer-Hallman Road and Eastforest Trail, described as Part of Lot 35, German Company Tract, designated as Part 4 Plan 58R-7814 with a lot size of 262 square meters be declared surplus to the City's needs; and further, That the property adjacent to 193 Madison Avenue South, described as Part of Lot 3, Registered Plan 368, with a lot size of approximately 3,000 square feet be declared surplus to the City's needs; and further, That the Land Purchasing Officer be directed to dispose of these sites with all Offers to Purchase to be presented to City Council for consideration; and further, That the Fire Department Headquarter property at 150 Highland Road West, described as Part of Lots 8 and 9, Lots 10, 11 and 12, Registered Plan 222 and Part of Lot 21, Subdivision of Lot 17, being 2.44 acres together with buildings and other land improvements, be declared surplus to the City's needs; and further, That Fire Station No. 5 property at 1000 Westmount Road East, described as Lot 5, Registered Plan 1483, being .92 acres together with buildings and other land improvements, be declared surplus to the City's needs; and further, That the Land Purchasing Officer be directed to dispose of the sites when vacated by staff and equipment, with all Offers to Purchase to be presented to City Council for consideration. COUNCIL MINUTES APRIL 19, 1999 - 174 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - 12. That $50,000.00 be set aside from the sale of the Maple Street facility to fund consultants services to look at the merits of constructing a central maintenance facility and that staff proceed with this effort in order to report back to Council in time for budget discussions in the Fall of 1999. 13. That Council approve an application from the law firm of Deutschmann & Kelly for a "Feasibility Study Grant", in the amount of $8,500.00 under the Downtown Financial Incentives Program for environmental and feasibility investigations at 150 Duke Street West, Kitchener. 14. That no action be taken on the appeal of Mr. R. Hamm for a licence to operate a refreshment vehicle at the Toys' R' Us Plaza at the corner of Fairway Road and Wilson Avenue. HERITAGE KITCHENER (L.A.C.A.C.) That, with respect to the log house discovered at 146 Pioneer Tower Road, Heritage Kitchener endorses the recommendations contained in Business & Planning Services staff report BPS 99/58; and further, That a community based steering committee be established to further review alternatives for reconstruction of the log house discovered at 146 Pioneer Tower Road. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council waive the tendering/request for proposals process with respect to the provision of waste collection services for the period February 1,2000, to September 30, 2001; and further, That staff negotiate an addendum agreement with Browning-Ferris Industries Ltd. to extend the term of the existing agreement, as amended by agreement dated February 3, 1993, to September 30, 2001, in an effort to achieve synchronization of contract terms with other area municipalities, and to create the potential for a joint tendering or joint request for proposals with other area municipalities for waste collection services at the end of the extended term; and further, That the negotiated addendum agreement be brought before Council at a future meeting for a resolution authorizing the Mayor and Clerk to sign. That Council approve the Engineering Division Strategic Plan, as tabled with the Public Works and Transportation Committee on April 12, 1999. That the detour routing for Route No. 3 - Idlewood and Route No. 8 - East Avenue, as outlined in the report presented to the Public Works and Transportation Committee on April 12, 1999, be implemented effective Monday, May 24, 1999; and further, That the routing for Route No. 17 - Heritage Park, as outlined in the report presented to the Public Works and Transportation Committee on April 12, 1999, be implemented effective Monday, May 24, 1999; and further, That a temporary all-way stop at the intersection of Ross Avenue and Wilfred Avenue be implemented to address potential traffic problems during the time that detour is in effect. (As Amended) That a School Bus Loading Zone for two full size buses be established on Lucerne Drive from a point 285 feet west of Selkirk Drive to a point 26 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES APRIL 19, 1999 - 175 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That a Pedestrian Refuge Island be installed in the School Crossing on Doon Village Road at Upper Canada Drive; and further, That a 1.5 metre (5 foot) bicycle lane be provided on both sides of Doon Village Road from Farrier Drive to Bechtel Drive; and further, That left turn lanes be provided along Doon Village Road at Farrier Drive and Millwood Crescent; and further, That through the above measures, the travel lanes on Doon Village Road be reduced to a single lane for each direction; and further, That parking be prohibited on the north side of Doon Village Road from Homer Watson Boulevard to 82 metres east of Upper Canada Drive; and further, That parking be prohibited on the south side of Doon Village Road from Homer Watson Boulevard to Pioneer Drive; and further, That a 1.5 metre (5 foot) bicycle lane be provided on both sides of Pioneer Drive from Green Valley Drive to Doon Village Road; and further, That a left turn lane be provided on Pioneer Drive at Bechtel Drive; and further, That through the above measures, the travel lanes on Pioneer Drive be reduced to a single lane for each direction; and further, That the Uniform Traffic By-law be amended accordingly. That the Regional Municipality of Waterloo and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 (Construction Work), during the reconstruction of Weber Street between Montgomery Road and Kinzie Avenue and all related work until 9:00 p.m. weekdays during the period from May 10, 1999, to November 19, 1999, and for all night work for one weekend in August 1999, and another weekend in September 1999. COUNCIL MINUTES APRIL 19, 1999 - 176 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Injured Workers Day of Mournin.q It was resolved: "That flags be lowered to half mast on all municipal facilities on April 28, 1999 in recognition of a day of mourning for workers killed or injured as a result of occupational accidents; and further, That we permit the Canadian Labour Congress (CLC) Day of Mourning flag to be flown at half mast at City Hall on April 28th." 2. Licences a) Massagist - New It was resolved: "That the following massagist who is employed at 7-280 Victoria St. N., Kitchener, be granted a Massagist licence for the year 1999: Carole Gervais." b) Charitable Refreshment Sand It was resolved: "That the Kitchener-Waterloo Skating Club Precision Team be granted permission to operate fund raising barbeques at the locations and on the dates listed: Zehrs - Hi-Way Centre (1375 Weber Street East) April 30, 1999 May 1, 2, 14, 15, 16, 1999 June 4, 5, 6, 18, 19, 20, 1999 July 16, 17, 18, 1999 August 13, 14, 15, 1999 September 3, 4, 5, 10, 11, 12, 1999 October 8, 9, 10, 29, 30, 31, 1999 Zehrs - Forest Glen Plaza (700 Strasburg Road) April 30, 1999 May 1, 2, 14, 15, 16, 1999 June 4, 5, 6, 18, 19, 20, 1999 July 16, 17, 18, 1999 August 13, 14, 15, 1999 September 3, 4, 5, 10, 11, 12, 1999 October 8, 9, 10, 1999" COUNCIL MINUTES APRIL 19, 1999 - 177 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) c) Permanent Vendor/Place of Refreshment It was resolved: "That 1999 Permanent Vendor and Place of Refreshment Licences be granted to Stuart Lang and Cindy Lang in respect to the operation of a pub at 1120 Victoria Street North, Unit #2." d) Ice Cream Vehicle Driver It was resolved: "That a 1999 Ice Cream Vehicle Driver Licence be granted to Brenda Taylor." 3. Various Tenders The tenders were dealt with under delegations. 4. Execution of Engineering Agreements It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Wright-Dietrich, regarding the Idlewood Creek Stage 6 Subdivision, Registered Plan No. 30T-98207." -and- "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Wright-Dietrich, regarding the Dineen Court Subdivision, Registered Plan No. 30T-98203." -and- "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and MTE Consulting Civil Engineers, regarding the Pearwood Court Subdivision, Registered Plan No. 30T-95025." By general consent, staff were directed not to attach copies of standard form agreements to the agenda in future. 5. Reappointment of Auditors It was resolved: "That the firm of Ernst & Young be reappointed auditors for the City of Kitchener, its Boards and Enterprises for 1999 and 2000." 6. Assessment Appeal - 35-37 Bleams Road It was resolved: "That the Mayor and City Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 35-37 Bleams Road, Kitchener." COUNCIL MINUTES APRIL 19, 1999 - 178 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Committee of Adjustment Memberships & Subscriptions It was resolved: "That Ms. S. Campbell and Messrs. W. Dahms, S. Kay, A. Galloway and P. Kruse be permitted memberships in the Ontario Association of Committee of Adjustment and Consent Authorities for 1999, at a total cost of $330.00. -and- "That Ms. S. Campbell and Messrs. W. Dahms, S.Kay, A. Galloway and P. Kruse be permitted to attend the Annual Conference of the Ontario Association of Committee of Adjustment and Consent Authorities in Richmond Hill, Ontario, from June 6 to 9, 1999, with the City to pay the normal expenses incurred." -and- "That Ms. S. Campbell and Messrs. W. Dahms, S. Kay, A. Galloway and P. Kruse be permitted 1999 subscriptions to Municipal World, at a total cost of $247.15." 8. Trans Canada Trail Relay 2000 Celebration This matter was dealt with under delegations. 9. Appointment to Kitchener Public Library Board It was resolved: "That we endorse the request of the Waterloo Region District School Board to appoint Diane Slimmon as the Board's representative on the Kitchener Public Library Board to fill the unexpired term of Ms. Linda Lauber from April 1999 to December 2000." 10. Lottery Licence The Committee was in receipt of a report dated April 15, 1999 from the Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Big Sisters of K-W & Area to conduct a social gaming event at Bingeman Park, 1380 Victoria Street, North, Kitchener, on June 6, 1999." 11. Massa.qist Licence The Committee was in receipt of a report dated April 19, 1999 from the Manager of Licensing. It was resolved: "That the following massagist who is employed at 2271 Kingsway Drive, Kitchener, be granted a Massagist licence for the year 1999: Sandy Sheppard."