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HomeMy WebLinkAboutCouncil Minutes - 2002-11-26COUNCIL MINUTES NOVEMBER 26, 2002 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 Richelle Henry and Carrie Schultz, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held November 4, 2002, and special meetings held November 4 & 18, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (a) Letter dated October 31, 2002, from Hon. Anne McLellan, Minister of Health, acknowledging receipt of Council's resolution supporting the public health care system and the principles of the Canada Health Act. (b) Letter dated November 6, 2002, from Hon. Ernie Eves, Premier of Ontario, acknowledging receipt of Council's resolution concerning the Grand River Conservation Authority's eligibility for capital funding for water control structures. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda and with respect to an additional tender circulated this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T02-071, Printing of Leisure Magazine, be awarded to Central Ontario Web Ltd., Barrie, Ontario at their tendered price of $100,323.68, plus G.S.T. & P.S.T." - and - "That Tender T02-073, Ralgreen Community Landscape Restoration - Ralgreen Crescent and Overlea Drive, be awarded to Klomp's Landscaping Inc., St. Marys, Ontario at their tendered price of $335,934.79, including contingencies of $29,580. & G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. In conjunction with Tender T02-073 (Ralgreen Community Landscape Restoration), Council was in receipt this date of Development and Technical Services Department report DTS-02-274 (J. Witmer), dated November 25, 2002. Mr. Witmer, Chief Building Official, was in attendance with respect to this report, commenting that the City will benefit from alternate arrangements made with two property owners at 194 and 186 Overlea Drive to complete required restoration work using more cost effective methods. In response to Mayor C. Zehr, he advised that several issues remain outstanding with respect to the Ralgreen Restoration Project involving construction of garages on several properties and the sale of City-owned land/homes. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That $14,000. for landscape restoration at 194 Overlea Drive and 186 Overlea Drive be approved, with the funds to be taken from the current Ralgreen Restoration Project budget." Carried. Mr. Cyril Bulgin attended in support of the recommendation listed as Item B.5 ii) of the Committee of the Whole agenda dealing with the Committee of Adjustment fence submission respecting his property at 5 The Country Way. COUNCIL MINUTES NOVEMBER 26, 2002 - 473 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the application of Cyril and Cassie Bulgin (FN 2002-018) requesting permission to legalize an existing wooden fence setback 0 m from the lot line adjacent to The Country Way, from the rear lot line and continuing along the side yard a distance of 9.44 m (31 ft.), having a maximum height of 1.82 m (6 ft.), rather than the required 0.91 m (3 ft.), on Lot 119, Registered Plan 1416, 5 The Country Way, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall modify the existing fence to provide for a 4.5 m (14.76 ft.) driveway visibility triangle." Carried. Ms. Wendy Shearer, Wendy Shearer Landscape Architect Limited, and Ms. Susan Burke Managed Curator - Joseph Schneider Haus, were in attendance in support of the recommendation listed as Item B.5 i) of the Committee of the Whole agenda dealing with the Committee of Adjustment fence submission of the Regional Municipality of Waterloo / City of Kitchener for 455, 473, 479-481 and 489 Queen Street South and 16 and 18 Mill Street. In response to a question from Councillor G. Lorentz, Ms. Shearer advised that installation of the fence posts prior to making application to the Committee of Adjustment was an oversight in scheduling and was stopped immediately when it became known that an application was required. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the application of the Regional Municipality of Waterloo/City of Kitchener (Joseph Schneider Haus) (FN 2002-017) requesting permission to construct a wooden/historic fence setback 0 m from the lot line adjacent to Queen Street South from the corner of an existing community garden southerly to a distance of 30.38 m (99.67 ft.), having a maximum height of 1.52 m (5 ft.), rather than the permitted 0.91 m (3 ft.), on Part Lots 1 to 6, Registered Plan 89 and Part Lot 7, Registered Plan 113; 455, 473, 479-481 and 489 Queen Street South and 16 & 18 Mill Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the Manager/Curator of the Joseph Schneider Haus (JSH) shall provide to the City's Secretary-Treasurer of the Committee of Adjustment written acknowledgment that JSH agrees that the variance approved in this application shall not be deemed to prejudice any future road widening improvements to Queen Street South, and that JSH further agrees to remove/relocate the subject fence as may be required by the Regional Municipality of Waterloo/City of Kitchener to facilitate any future road widening improvements to Queen Street South; said written acknowledgement shall be provided within 30 days of the date of City Council's decision respecting Fence Variance Application, Submission No. FN 2002-017." Carried. Council was in receipt this date of Corporate Services Department report CRPS-02-270 (Final Report on Council Compensation / R. Gosse), dated November 18, 2002. Mr. Don Carli, Chair, and Mr. Claude Schneider and Ms. Maxine Neller, Members, Ad Hoc Citizens Advisory Committee on Council Compensation, attended to present the Committee findings as outlined in report CRPS-02-270 and to request Council table the report for consideration at the December 2, 2002 Finance and Corporate Services Committee meeting. Mr. Carli advised that the Committee drafted recommendations considered to be fair and equitable given the sensitive nature of the subject matter following review of substantial documentation, consultation with representatives of the community/Council/City staff and other municipalities and conducting a public open house on November 4, 2002. He commented that the Committee views the Councillor position as a part-time job and is of the opinion it should remain as such. Council agreed to table report CRPS-02-270 for consideration at the December 2, 2002 Finance and Corporate Services Committee meeting and Mayor C. Zehr advised that any recommendation arising from the meeting would be presented to City Council for ratification on December 9, 2002. Mayor NOVEMBER 26, 2002 COUNCIL MINUTES - 474 - CITY OF KITCHENER Zehr thanked Mr. Carli and members of the Ad Hoc Advisory Committee for participating in this process and drafting of the report. Mr. Louis Furtado, Triedell Group Limited, attended with respect to Clause 1 of the Development and Technical Services Committee report and Item B.6 of the Committee of the Whole agenda, in support of an offer to purchase Site 82B on McBrine Drive. In response to questions from Mayor C. Zehr, Mr. G. Stewart, General Manager - Development and Technical Services Department, advised that two offers to purchase were evaluated and the offer from Triedell was considered to be most beneficial to the City. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the City accept the revised conditional Offer to Purchase from Triedell Group Ltd. for Part 4, Reference Plan 58R-6949. The site has an approximate area of 1.5 acres (.6 hectares) and the offering price is $114,000; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development & Technical Services Committee be adopted." Voted on Clause by Clause. Clause 1 - Motion redundant and not considered as this matter was dealt with under Delegations. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Council was in receipt this date of a memorandum (D. Gilchrist), Corporate Services Department report CRPS-02-275 (L. MacDonald), and Development and Technical Services Department report DTS-02-271 (G. Stewart), all dated November 21, 2002, requesting amendments to Clause 7 of the report. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 7 of the report to provide for revised Legal Services 2003 fee increases; maintaining the current 2002 rate of $50. for 'external handicapped ramp'; and, to add an additional subclause (d) to increase 'Enterprise - Parking Services' 'Cashier Rates' to $1.00 per half hour effective January 1, 2003. The report was voted on Clause by Clause. Clause 7 - Carried, as Amended. Balance of report - Carried. NOVEMBER 26, 2002 COUNCIL MINUTES - 475 - CITY OF KITCHENER Councillor C. Weylie advised that at the November 4, 2002 Council meeting at which the 2002 Urban Design Awards were presented, the Waterloo County Gaol and Governor's House Adaptive Re-use Project at 73 Queen Street North was omitted in error from being recognized with an Award of Merit and extended apology for the omission. She further advised that the parties involved in the project will be receiving a certificate to recognize their achievement. Councillor B. Vrbanovic raised concern with the Provincial Government's change in approach to the issues related to hydro deregulation. Mayor C. Zehr commented that the changes were discussed at a recent meeting held in Mississauga and appear to have a negative impact for distributors, as well as municipalities. Ms. P. Houston advised that legislation related to the changes is to be tabled on November 28, 2002. On her suggestion, it was agreed, that staff provide an update at the December 2, 2002 Finance and Corporate Services Committee meeting. Mayor C. Zehr advised of correspondence dated November 6, 2002 from the Centre in the Square regarding the re-appointment of Mr. Jim Wilkens, representing the K-W Art Gallery, for a final term of three years and appointment of Ms. Karin Voisin, representing the K-W Symphony Orchestra, for a first term of three years, to the Centre's Board of Directors. Council agreed to a request from Mr. R. Gosse, Deputy City Clerk, to add four additional by-laws to the agenda for three readings. Two by-laws amend the Municipal Code with respect to Clause 7 of the Finance and Corporate Services Committee report approved this date and the remaining two by- laws amend the City's Zoning By-law 85-1 with respect to Clauses 9a) and 10a) of the Development and Technical Services Committee report approved this date. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the establishing and laying out of part of Peach Blossom Crescent as a public highway in the City of Kitchener. (b) Being a by-law to provide for the establishing and laying out of part of Doon South Drive as a public highway in the City of Kitchener. (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (g) 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. (h) Being a by-law to extend the time for conveyance of lands pursuant to By-law 2000-134 to close and sell part of the public highway known as Pioneer Tower Road in the City of Kitchener. (i) To confirm all actions and proceedings of the Council. (J) Being a by-law to amend Chapter 380 of the Municipal Code with respect to Tariff of Fees - Planning Matters. (k) Being a by-law to amend Chapter 375 of the Municipal Code with respect to Tariff of Fees - Committee of Adjustment. NOVEMBER 26,2002 COUNCIL MINUTES - 476 - CITY OF KITCHENER (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Edmund Farrage - 317 Mill Street. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Mr. & Mrs. Peter - 250 Woolwich Street. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) Being a by-law to provide for the establishing and laying out of part of Peach Blossom Crescent as a public highway in the City of Kitchener. (By-law No. 2002-214) Being a by-law to provide for the establishing and laying out of part of Doon South Drive as a public highway in the City of Kitchener. (By-law No. 2002-215) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-216) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2002-217) 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. 2002-218) 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. 2002-219) 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. 2002-220) NOVEMBER 26, 2002 COUNCIL MINUTES - 477 - CITY OF KITCHENER (h) (i) (J) (k) (m) Being a by-law to extend the time for conveyance of lands pursuant to By-law 2000-134 to close and sell part of the public highway known as Pioneer Tower Road in the City of Kitchener. To confirm all actions and proceedings of the Council. (By-law No. 2002-221) (By-law No. 2002-222) Being a by-law to amend Chapter 380 of the Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2002-223) Being a by-law to amend Chapter 375 of the Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law No. 2002-224) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Edmund Farrage - 317 Mill Street. (By-law No. 2002-225) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Mr. & Mrs. Peter - 250 Woolwich Street. (By-law No. 2002-226) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 7:35 p.m. MAYOR CLERK NOVEMBER 26, 2002 COUNCIL MINUTES - 478 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That consideration of an Offer to Purchase Site 82b on McBrine Drive in the Huron Business Park be referred to the November 26, 2002 Council meetinq. (Motion redundant and not considered as this matter was dealt with under Delegations) That the investigation of phasing out the City's purchase of coal-fired electricity be referred to the comprehensive strategic planning process for Environmental Management, to be completed as part of the City's Corporate Strategic Plan. That Transportation Planning operate monthly parking at 48 Ontario Street North (former Royal Canadian Legion, Branch 50), Monday to Saturday, at a rate of $60 per month; and further, That By-Law Number 88-169 be amended accordingly. That the closure of Johnston Street from the northerly limit to 35m south thereof (the "Portion") be approved in principle, and that Legal Services be instructed to proceed with the ordering of a reference plan, preparation of the by-law, the necessary advertising in the local newspaper for the closing of the Portion of the aforementioned roadway and preparation of necessary easement documents; and further, That the costs to close the Portion be borne by the City subject to final approval and passage of the necessary closing by-law and if such occurs, the costs shall be reimbursed to the City by the Trustees of Polish Branch 412. Staff are instructed to negotiate and bring back to Council for consideration a long-term lease with the Trustees of Polish Branch 412 for the Portion and any necessary declaration of surplus. That parking be prohibited on the east side of Queenston Drive from Montcalm Drive to a point 45 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited anytime on the east side of Activa Avenue between Wilderness Drive/Bush Clover Crescent and David Bergey Drive; and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop control not be installed at the intersection of Laurentian Drive/Dunsmere Drive. That parking be prohibited at any time on both sides of Riverbend Drive from Shirley Avenue to a point 350 metres west of Guelph Street; and further, That the Uniform Traffic By-law be amended accordingly. That Zone Change Application ZC 02/28/W/BS (250 Woolwich Street - J. & I. Peter) requesting a change in zoning from Agricultural Zone (A-l) and Agricultural Zone (A-l) with Special Regulation Provision 1R to Agricultural Zone (A-l) with Special Regulation Provision 393R and Agricultural Zone (A-l) with Special Regulation Provisions 1R and 393R on lands legally described as Part of Lots 124 and 125, German Company Tract and municipally known as 250 Woolwich Street, in the City of Kitchener, be approved, in the th form shown in the "Proposed By-law", dated October 11 , 2002 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. That Demolition Control Application, DC 02/10NV/BS (J. & I. Peter), requesting approval for the demolition of one single detached dwelling on lands legally described as Part of Lots 124 and 125, German Company Tract and municipally known as 250 Woolwich Street, in the City of Kitchener, be approved, subject to the following condition: NOVEMBER 26, 2002 COUNCIL MINUTES - 479 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. Cont'd That the location of the intended new dwelling be coordinated with any future draft plan of subdivision being considered for these and the adjacent lands in order to provided continuity of future lotting and road patterns. It is the opinion of this Committee that approval of this application is proper planning for the City. 10. A. That Zone Change Application ZC 02/22/M/DR (317 Mill Street - Edmund Farrage) for the purpose of changing the zoning from Residential Seven Zone (R-7) with Special Regulation Provisions 1R and 117R to Residential Seven Zone (R-7) with Special Regulation Special Regulations 1 R, 117R and 385R on lands legally described as Part of Lots 45, 46 and 47, Registered Plan of Subdivision of Lot 18, German Company Tract, City of Kitchener, be approved in the form shown in the "Proposed By-law", dated October 9, 2002 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-164, grant draft approval to Plan of Subdivision Application 30T-02204 (317 Mill Street), in the City of Kitchener, for Edmund Farrage, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02204 as shown on the plan prepared by Planning & Engineering Initiatives Ltd., last revised July 11, 2002 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 10, 2002, which shows the following: Block 1 Block 2 Block 3 Block 4 - Multiple Residential (4 townhouses) - Multiple Residential (5 townhouses) - Multiple Residential (8 townhouses) - Driveway 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a Standard City Residential Subdivision Agreement which shall include PART 1, PART 5 and PART 6 as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision prepared by the City of Kitchener, dated October 10, 2002, which shall contain the following special condition: Section 6 Other Time Frames 6.10 That the Subdivider irrevocably direct its solicitors and surveyors to register Plan of Condominium 30CDM-02203 immediately after the registration of Plan of Subdivision 30T-02204 and prior to any interest in any lot created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance or charge/mortgage of any interest therein made after the registration (other than may have existed prior to the registration of the Plan of Subdivision) of the Plan of Subdivision 30T-02204 and prior to the registration of Plan of Condominium 30CDM-02203 is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots after the registration of Plan of Subdivision 30T-02204 and prior to the registration of Plan of Condominium 30CDM-02203 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. COUNCIL MINUTES NOVEMBER 26, 2002 - 480 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 6.11 That the subdivider agrees to provide for the maintenance, inspection, repair and replacement of the Oil and Grit Separator Unit and its appurtenances, that is required for this development, in perpetuity or as long as the City of Kitchener deems necessary. This obligation and duty exists even though the said OGS is on lands owned by the City of Kitchener as the unit is required to provide storm water management and control for Plan of Subdivision 30T-02204. 2.2. That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. The final plan for registration shall show all lots intended for development as residential dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered prior to registration of the plan. That the Plan of Subdivision not be released for registration until such time as all of the conditions of draft approval of Plan of Condominium 30CDM-02203 have been met to the satisfaction of the Director of Planning. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Director of Planning and shall obtain approval therefrom. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Director of Planning. (b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; NOVEMBER 26, 2002 COUNCIL MINUTES - 481 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd (d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Director of Planning or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Director of Planning, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. The SUBDIVIDER shall erect and maintain a standard City notice sign to the satisfaction of the City's Director of Planning. 10. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning Housing and Community Services: That the owner prepare a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate traffic noise levels for Mill Street and if necessary, shall enter into a subdivision agreement with the City of Kitchener to provide for the implementation of the approved noise study attenuation measures prior to final approval of the plan. 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 Municipality of Waterloo prior to final approval of the subdivision plan. 4. CLEARANCE CONDITIONS FOR 30T-02204 That prior to the signing of the final subdivision plan by the City's Director of Planning, the Director shall be advised by the telephone companies that Conditions 2.2.7 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by Kitchener Wilmot Hydro that Conditions 2.2.6 and 2.2.8 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. That prior to the signing of the final subdivision plan by the Director of Planning, the Director shall be advised by Regional Municipality of Waterloo Conditions 3.1 and 3.2 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. It is the opinion of this Committee that approval of this application is proper planning for the City. NOVEMBER 26, 2002 COUNCIL MINUTES - 482 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation by-law 2002-164, grant draft approval to Plan of Condominium Application 30CDM-02203 (317 Mill Street), in the City of Kitchener for Edmund Farrage, subject to the following Conditions: That this approval applies to Draft Plan of Condominium 30CDM-02203 for Edmund Farrage, prepared by Planning and Engineering Initiatives Limited, last revised July 11, 2002 as shown on the attached Plan of Condominium prepared by the City of Kitchener dated June 10, 2002, that shows a driveway (Block 1). That the final plan shall be prepared in accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Planning. That the owner submit a draft Condominium Declaration for approval by the City's Director of Planning containing but not limited to the following provisions: That the parking and storage of derelict vehicles and recreation vehicles on the subject lands is prohibited. ii) That public and private sidewalks, driveways and parking areas be maintained in a snow free condition and void of any obstructions 12 months of the year. Snow shall not be piled on City lands to the rear of the site and City lands shall not be impacted from runoff from the snow removal. iii) That a private contractor will pick up and dispose of garbage refuse from the designated refuse area. iv) That a private contractor will inspect and maintain the Oil and Grit Separator unit (OGS), as required. v) That the Owner agrees to maintain the subject lands in compliance with the site plan approved by the City's Manager of Design and Development, for the life of the development on the subject lands. vi) That access rights will be maintained for Kitchener-Wilmot Hydro. That the surveyors for the Owner shall advise the City's Director of Planning, in writing, that the required description and other plans to be registered by the Owner in order to achieve registration of the common elements condominium have been unconditionally approved as to form and content by the Registry Office. That the solicitors for the Owner shall advise the City's Director of Planning, in writing, that the proposed condominium declaration has been unconditionally approved as to form and content by the Registry Office. That the Solicitors for the Owner advise the City's Director of Planning that the declaration has been executed on behalf of the Owner and that all of the schedules to the proposed condominium declaration have been signed by the requisite signatories including the Owner, the project surveyor, the project solicitor and the project engineer and/or architect and all mortgagees. That the Owner submit a draft of the executed declaration, with the provisions as required in condition 3 hereof, for approval by the City's Director of Planning. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts, and/or local improvement charges. COUNCIL MINUTES NOVEMBER 26, 2002 - 483 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 9. i) To complete any outstanding site development work required by the Section 41 Development Agreement registered as Instrument Number 1537059 or, to submit to the City of Kitchener a Letter of Credit to cover any remaining cost of all outstanding development works not provided for by the Letter of Credit already deposited with the City, as required under the Section 41 Development Agreement. The Letter of Credit required for the plan of condominium registration and the Letter of Credit required by the Section 41 Development Agreement shall cover 100 percent of the cost of all outstanding development works. ii) The Letters of Credit shall be kept in force until the completion of the required site development works in conformity with their approved designs. If either, or both, Letters of Credit are about to expire without renewal thereof and the works have not been completed in conformity with their approved designs, the City may draw all of the funds so secured and hold them as security to guarantee completion, unless the City Solicitor is provided with a renewal of the Letters of Credit forthwith. iii) In the event that the Owner fails to complete, to the satisfaction of the City's Director of Planning, the required site development works in conformity with the approved design, then it is agreed by the Owner that the City, its employees, agents or contractors may enter on the lands and so complete the required site development works to the extent of the monies received under the Letters of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letters of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iv) Other forms of performance security may be substituted for Letters of Credit, at the request of the Owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. To expedite the approval for registration, the SUBDIVIDER shall submit to the City's Director of Planning, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the plan, have been satisfied. 11. a) The owner agrees to enter into a maintenance agreement with a private contractor to provide for the inspection and maintenance of the Oil and Grit Separator Unit (OGS) referred to in Condition 3 iv), prior to the issuance of Occupancy Permits or Registration of the Plan of Condominium, whichever comes first. Further the owner agrees to ensure that the stormwater management report and drawings are provided to the Condominium Corporation. b) The owner agrees to include specific wording in the condominium declaration that the corporation must maintain, inspect, repair and replace the OGS unit despite that fact that the OGS is on lands that lie outside the condominium plan. In this regard, the Corporation will strictly abide by all written requirements of the City of Kitchener with respect to maintenance, repair, inspection and replacement of the OGS unit at the cost and expense of the Condominium. The Corporation shall contract a contractor to have the OGS inspected and maintained as required by the City of Kitchener. NOVEMBER 26, 2002 COUNCIL MINUTES - 484 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 4. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. The condominium plan for registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. Updated Information It is the responsibility of the owner of the lands subject to this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Department of Development and Technical Services of any changes in ownership, agent, address and phone number. Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Registration Release To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Subdivision When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints NOVEMBER 26, 2002 COUNCIL MINUTES - 485 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd Final Plans - Condominium 8. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Six (6) mylar copies Six (6) white paper prints One (1) J-1 Form It is the opinion of this Committee that approval of this application is proper planning for the City. 11. That consideration of Development and Technical Services Department report DTS-02-213 (Prohibition of Private Wells) dealing with Zone Change Application ZC 02/29/TC/TB (Private Wells - City of Kitchener), to add a new regulation to Section 5 - General Regulations applying to all lands within the City of Kitchener, be deferred and referred to the January 6, 2003 Development and Technical Services Committee meeting; and further, That staff be instructed to provide more technical information on safe drilling practices and wellhead protection measures to facilitate further discussion of all options that would protect the water supply but having regard to the rights of private property owners. 12. That the following recommendation contained Department report DTS-02-236 (Traffic Control referred to the 2003 Capital budget discussion in Development and Technical Services Queen Street at Margaret Avenue) be for consideration: That if Council provides direction to install intersection of Queen Street and Margaret be the selected option. a more positive form of traffic control at the Avenue, that full intersection control signals 2) That, should direction be given to install signals, Council approve an over expenditure of $85,000, plus annual maintenance costs of $3,500. 3) That the Uniform Traffic By-law be amended accordingly. 13. That the Win Win Affordable Housing Pilot Program be supported in principle. 14. That the following final inspection/grading deposit amounts for construction projects in the City of Kitchener be approved; · For new construction of single family, duplex, semi-detached, townhouse and triplex dwelling units, $500/permit, · For new construction and additions to multi-residential, commercial, industrial and institutional projects, $2000/permit, · For additions/alterations to of single family, duplex, semi-detached, townhouse and triplex dwelling units, $250/permit, · For alterations/interior finish permits to multi-residential, commercial, industrial and institutional projects, $1000/permit; and, COUNCIL MINUTES NOVEMBER 26, 2002 - 486 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 14. (Cont'd) That all final inspections must be completed and passed within one year of receiving occupancy; and, That should the building permit file not be closed, the deposit will be forfeited and the monies applied to compensate administration and inspection staff in their efforts to close the file; and further, That the effective date for the implementation of the final inspection/grading deposit be January 1, 2003. 15. That Permanent Speed Advisory Signs not be pursued at this time. 16. That Council acknowledge that Development & Technical Services staff are initiating a rezoning of the remaining industrial lands fronting the north side of Louisa Street and the west side of St. Leger Street; and further, That Development & Technical Services Department staff be directed to initiate a planning exercise to consider residential re-use of the industrial lands within the block bounded by St. Leger Street, Louisa Street, Edwin Street and Blucher Street. COMMUNITY SERVICES COMMITTEE - That the contract entitled "Terms and Conditions - City of Kitchener Golf Courses" attached to Community Services Department report CSD-02-233 be approved as a pre-approved contract to be used for rental of municipally owned golf course buildings or lands. That pursuant to Council Policy 1-272, a one-time contribution in the amount of $830. be approved to the Huntingwood Court Garden Group for the start-up of the Huntingwood Community Garden, including: a) services in-kind: transport topsoil, woodchips and sod stripping $330. b) cash grant $500.; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute any required agreements with the Huntingwood Garden Group to allow the Huntingwood Community Garden to be located on public lands known as the Huntingwood Cul-de-sac bulb. That the Facilitator of Special Events be authorized to sign a pre-approved performers contract in the amount of $8,600. with Warner Recording Artists, WAVE, to perform at the City's New Year's Eve 9th Annual Festival of the Night event. That in keeping with Council's resolution of August 7, 1979, the Bridgeport Community Neighbourhood Association's operation of the Bridgeport Community Centre be re-affirmed, including facility rentals, as detailed in Community Services Department report CSD-02-158 and memorandum dated July 31, 1979 from F. Graham attached to CSD-02-158. That the criteria and process for minor sport grants be approved, effective for the 2003 grant process, as outlined in the document entitled "City of Kitchener Minor Sport Grants" attached to Community Services Department report CSD-02-232; and, That the City subsidize a minimum of 20% of a group's eligible operating expenses through the grant process; and, COUNCIL MINUTES NOVEMBER 26, 2002 - 487 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That the City use the yearly inflationary increases allocated to the minor sport grant budget over the next four years to increase those minor sport groups who are under the 20% funding level in order to achieve a minimum 20% funding level; and, That those affiliated minor sport groups who are currently over the 20% funding level be grandfathered at current funding dollars for the next four years; and further, That this recommendation be referred to the 2003 budget deliberations for consideration. That the report of Coriolis Consulting Corp. entitled "Review of Alternative Management Structures for the New Kitchener Market", dated November 2002 as attached to Community Services Department report CSD-02-241, be received; and, That a clear policy be adopted that the new Kitchener Market is to charge fair market rents and achieve the highest rental possible with full occupancy; and, That the City investigate moving toward an independent Market Corporation model; and further, That the present management structure and operational decision-making processes for the new Kitchener Market be retained, pending a decision on the Market Corporation model. That staff be authorized to begin negotiations with potential vendors for the new full time Kitchener Market under the terms set out in Community Services Department report CSD-02- 227. FINANCE AND CORPORATE SERVICES COMMITTEE - That a portion of Glasgow Street, located between the existing terminus of the street, south of Resurrection Drive / University Avenue and a point 200 m west, closed and retained by By-law 93-178, described as Part of Lot 39, German Company Tract, designated as Part 1, Reference Plan 58R-8755, be declared surplus to the City's needs; and further, That Part 1, Reference Plan 58R-8755 be conveyed, for nominal consideration, to the abutting property owner. That the Council appointment of the alternate Flood Emergency Co-ordinator, made on November 4, 2002, be amended by appointing D. Trask, Deputy Fire Chief in place of B. Quarry. That Council rescind its resolution of October 2, 2000, authorizing the execution of an encroachment agreement with the property owner and tenant of 355 Riverbend Drive, to permit access across City owned land located immediately behind 355 Riverbend Drive and east of the Conestoga Expressway and to permit the installation and maintenance of a chain link fence and gate to the east of the Region's pumping station on a portion of the said City land; and further, That the operator of Riverbend Recyclers be directed to remove the wrecked vehicles located in front of or in the vicinity of the pumping station immediately, with all other vehicles and auto parts stored on City owned property adjacent to 355 Riverbend Drive to be removed and the site restored no later than December 2, 2002, failing which the City will make arrangements for the removal and disposal of the vehicles and parts and the restoration of the site, with any costs to be borne by the operator of Riverbend Recyclers. NOVEMBER 26, 2002 COUNCIL MINUTES - 488 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the courtesy warning program for vehicles parked at expired parking meters in the Downtown core area be re-instated for the period commencing November 30, 2002 to December 28, 2002. That an over expenditure of $570,000. be approved from the Development Charge Fund for the Shirley Avenue / Lackner Boulevard Road extensions, as outlined in Development & Technical Services Department report DTS-02-246, and staff be authorized to adjust existing purchase orders accordingly. That 29 Eden Avenue, legally described as Part of Lot 3, Registered Plan of Subdivision of Lot 15, German Company Tract, designated as Part 4, Reference Plan 58R-4881, be declared surplus to the City's needs; and further, That the City Solicitor be directed to dispose of the site with all offers to purchase to be presented to Council for consideration. That the proposed 2003 Fees and Charges, including effective dates, as contained in the 2003 Comprehensive Fee Review attached to Financial Services Department report FIN-02-044, be approved, save and except the following: (a) Community Services Department fees for "NOON HOUR BASKETBALL BREITHAUPT ONLY" and "PAY AS YOU PLAY SPORTS" be established as follows, effective January 1,2003: NOON HOUR BASKETBALL - BREITHAUPT ONLY Single Admission Book of 10 Tickets Annual Pass $ 4.00 $ 33.00 $135.00 PAY AS YOU PLAY SPORTS Senior Admission (single ticket) Book of 10 tickets (seniors) Adults - 18+ years (single ticket Book of 10 tickets (adult) Family Family - book of 10 tickets $ 2.25 $18.00 $ 4.oo $ 33.OO $ 8.5o $ 71.00; and, (b) That Legal Services 2003 fee ~ncreases, dated November 21, 2002, as attached to Corporate Services Department report CRPS-02-275, be approved; and, (c) That the Development and Technical Services Department recommendation to maintain the 2002 fee in 2003, for 'external handicapped ramp' at the current rate of $50., be approved; and, (d) That 'Enterprises - Parking Services' 'Cashier Rates' be increased to $1.00 per ½ hour effective January 1,2003; and, That staff forward the Cemetery Tariff of Fees and Charges to the Ministry of Consumer and Commercial Relations for filing, in order that the proposed fees become effective January 1, 2003; and further, That Legal Services prepare the necessary by-laws to amend City of Kitchener Municipal Code Chapters for fees pertaining to licensing, building, planning applications and Committee of Adjustment applications. (As Amended) COUNCIL MINUTES NOVEMBER 26, 2002 - 489 - 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. ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Nida Hanif, Elena Baxter and Alicia Powell, employed at 7-280 Victoria Street North (Cleopatra), Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences." - and - "That Kristin White, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." ii) Permanent Vendor/Place of Refreshment It was resolved: "That Michael Hilcox be granted a Permanent Vendor Licence to operate a tattoo parlour at 98 Queen Street South, Kitchener." - and - "That Randy Reardon be granted a Permanent Vendor/Place of Refreshment Licence to operate a billiard hall at 238 King Street West, Kitchener." 2. Tender Dealt with under Delegations. 3. Sale of Tickets - Kniqhts of Columbus Ontario State Council Council was in receipt of Corporate Services Department report CRPS-02-268 (J. Koppeser), dated November 12, 2002, advising of no objection to the selling of tickets by the Knights of Columbus Ontario State Council. It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus Ontario State Council, 265 Yorkland Boulevard, Suite 302, North York, Ontario, being granted permission to sell tickets in Kitchener for a draw to be held on May 18, 2003 with the draw taking place at the International Plaza Hotel, 655 Dixon Road, Toronto." 4. Request to Use City Crest - Philatelic Publication Council was in receipt of correspondence from Robert D. Vogel, dated November 13, 2002, requesting permission to use a printed version of the City seals for a stamp collectors publication. COUNCIL MINUTES NOVEMBER 26, 2002 - 490 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Request to Use City Crest - Philatelic Publication - (Cont'd) It was resolved: "That Robert D. Vogel be granted permission to use a printed version of the City's seals for a stamp collectors publication on the Machine Cancels of Berlin/Kitchener 1907- 1992, as outlined in his correspondence dated November 13, 2002." 5. Committee of Adjustment Decisions - Various Council was in receipt of minutes and other background information from J. Billett, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held on November 12, 2002. Submission No. FN 2002-017 (455, 473, 479-481 and 489 Queen Street South and 16 and 18 Mill Street) and Submission No. FN 2002-018 (5 The Country Way) were dealt with under delegations. It was resolved: "That the application of the Centre in the Square (SG 2002-017) requesting permission to erect a ground sign containing automatic changing copy adjacent to Queen Street North located 60 m (196.85 ft.) from a residential zone, rather than the required 150 m (492.12 ft.) and 9 m (29.52 ft.) from the intersection of Queen Street North and Margaret Avenue, rather than the required 23 m (75.45 ft.); and to erect a pylon sign containing automatic changing copy adjacent to Frederick Street located 120 m (393.70 ft.) from a residential zone, rather than the required 150 m (492.12) and 10 m (32.8 ft.) from the intersection of Frederick Street and Otto Street, rather than the required 23 m (75.45 ft.), and having a partial panel within the required sign clearance; on Lots 1, 2, 4 to 7 and Part Lot 3, Plan 432, Lot 11 and Part Lot 10, Plan 412, Lots 1 to 3 and Part Lots 4 to 6, Plan 410, Lots 6 to 9 and Part Lots 17 to 19, Plan 401, Lots 5 to 7 & Part Lot 4, Plan 70 and Lot 6, Eby Survey, 101 Queen Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2002-017." 6. Offer to Purchase - Site 82B - McBrine Drive - Huron Business Park Dealt with under Delegations. 7. Consent to Land Transfer- 84 McBrine Place - Huron Business Park Council was in receipt this date of Corporate Services Department report CRPS-02-279 (L. MacDonald), dated November 25, 2002. It was resolved: "That the City consent to a transfer from Leenan Development Limited, Norseman Plastics Limited and Harwin Developments Limited to Paca Sales Limited, In Trust, of the property described as Part 1 on Reference Plan 58R-7903 and municipally known as 84 McBrine Place, Kitchener, subject to the purchaser entering into an Agreement with the City to amend Paragraph 2. Title Control of the restrictions set out in a Schedule to Instrument No. 1428251, the Deed from the City to the current owners; said Agreement to be to the satisfaction of the City Solicitor and to be registered on title." COUNCIL MINUTES NOVEMBER 26, 2002 - 491 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Encroachment Aqreement - 51 Bruder Avenue Council was in receipt this date of Corporate Services Department report CRPS-02-278 (L. MacDonald), dated November 25, 2002. It was resolved: "That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property described as Part Lots 18 and 25, Registered Plan 288 and municipally known as 51 Bruder Avenue to legalize the existing garage as it encroaches onto City parkland known as the Mike Wagner Green." 9. Quit Claim Deed - 655 Fairway Road South (former Sears Buildinq) Council was in receipt this date of Corporate Services Department report CRPS-02-277 (L. MacDonald), dated November 25, 2002. It was resolved: "That on November 26, 2002, the property described as Parts 1, 2 & 3 on Reference Plan 58R-10040 and municipally known as 655 Fairway Road South, Kitchener, complied with the restrictions set out in Schedule "A" to Instrument No. 519645; and, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all title control rights of the City contained in paragraph 5 of Schedule "A" to Instrument No. 519645 respecting the property described as Parts 1, 2 and 3 on Reference Plan 58R-10040 and municipally known as 655 Fairway Road South, Kitchener; and further, That upon the completion of the demolition of the existing development and subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all remaining restrictive covenants contained in Schedule "A" to Instrument No. 519645 respecting the property described as Parts 1, 2 and 3 on Reference Plan 58R-10040 and municipally known as 655 Fairway Road South, Kitchener."