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HomeMy WebLinkAboutCouncil Minutes - 2002-12-09COUNCIL MINUTES DECEMBER 9, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor C. Weylie. The meeting began with the singing of "O Canada" by Pareesa Bina, King School of Vocal. Mayor C. Zehr advised that a public swearing-in of John Gazzola as Councillor for Fairview-Gateway Ward (3) would take place this evening as a result of Mr. Gazzola being elected to the Office in the By-election held November 25, 2002. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, then administered the Declaration of Elected Office and the Oath of Allegiance which Mr. Gazzola read aloud. Congratulations were extended to Councillor Gazzola by members of Council and Mayor C. Zehr extended an official welcome pointing out that an initial swearing-in ceremony had taken place early on December 2, 2002 in order to allow Mr. Gazzola to participate in all Committee meetings held that date. Councillor J. Gazzola extended words of appreciation to the Council for the opportunity to be publicly sworn into office with family and friends in attendance and to the voters of Ward 3 and his campaign workers for their effort in his election campaign. He noted that during the campaign there was reference to talk of grudges on his part with respect to his past relationship with the City but that he had pointed out that none of it was relevant to his current position. Councillor Gazzola commented that over the next twelve months there would be debate on which points of disagreement on his part would arise with other members of Council and it was his hope there would not be references to old grudges within the context of any debate. Finally, he extended a public thank you to his wife for her unselfish support and advised his guests that the City had prepared a reception to be held for them this evening. Again, Mayor C. Zehr welcomed Councillor Gazzola and commented that it was his expectation there would be many healthy Council debates during the next year. On motion by Councillor G. Lorentz, the minutes of the regular meeting held November 26, 2002, and special meetings held November 26 and December 2, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter dated December 4, 2002, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letters dated November 19 and 26, 2002, from T. Arnott, MPP, Waterloo-Wellington acknowledging receipt of Council resolutions regarding support of: Bill 185 (the Representation Amendment Act); electricity rate mitigation; and, Provincial funding for Grand River Conservation Authority's flood control structures. Mayor C. Zehr referred to a matter which was dealt with at the November 18, 2002 Finance and Corporate Services Committee meeting. At that meeting, Development and Technical Services Department report DTS-02-246 was considered relating to a request to authorize over-expenditures in the amount of $570,000. in respect to the Shirley Avenue/Lackner Boulevard road extensions. Mayor Zehr then asked that the following information be included as clarification for the record with respect to the Committee minutes of that date. An inquiry had been received from Mr. Bingeman who expressed concern that the Shirley Avenue/Lackner Boulevard staff report may create some confusion. For the record, the land for the road was donated to the City and the report was merely referring to the disturbance damages that the City is properly responsible for but would not have had to pay if Bingeman's had developed their lands before the road was to be constructed. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. DECEMBER 9, 2002 COUNCIL MINUTES - 500 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola 'That Tender T02-053, Office Renovations - By-Law Enforcement Division - 33 Ontario Street North, Kitchener, be awarded to Gordner Construction Ltd., Kitchener, Ontario at their tendered price of $197,736., including P.S.T. & G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.' - and - "That Expression of Interest E02-004, Consultant Services Schedule "B" Environmental Assessment for a Pedestrian Bridge Over the Grand River, be awarded to Totten Sims I-lubicki Associates, Kitchener at an upset fee of $53,497., including G.S.T., based on a satisfactory contract being negotiated." Councillor J. Gazzola referred to Tender T02-053 for Office Renovations for the Enforcement Division and questioned what was intended for the remaining $126,000. balance in the account. Mr. S. Turner advised that most of the remaining funds would be applied to the purchase of office furnishings and computer equipment and that whatever funds were left over could be returned. He did note that the renovation cost was approximately $28,000. under budget. Councillor M. Galloway commented that it would be helpful for Council to know where a specific account index stands in respect to spending at any point in time in a tender process. Ms. Houston commented that staff could arrange to incorporate project costing and it was agreed staff would report to Finance and Corporate Services Committee with a suggested outline for detailing current account status in future staff reports. The tenders were then put to a vote and Carried. Mr. Syd Nassif was registered but failed to appear as a delegation in respect to a request for cancellation of outstanding invoices against his property resulting from grass cutting undertaken by the City over several years. Ms. Jennifer Reed and Mr. Peter McClenaghan attended to present concerns regarding the Municipal Property Assessment Corporation's (MPAC) change program entitled 'Futures' and reduction in the quality of customer service and property assessments. The Council was also in receipt of Financial Services Department report FIN-02-042 (O. den Ouden/P. Houston), dated December 4, 2002 which was listed as Item B.9 of the Committee of the Whole agenda of this date prepared as an information report outlining staff concerns in respect to the services provided by MPAC. Also attached to the report was a copy of correspondence dated August 9, 2002 addressed to former Councillor J. Ziegler from Floyd Jenkins outlining the history of MPAC and describing how the impact of MPAC's reorganization affects services provided to the City of Kitchener. The delegation noted that their presentation was on behalf of members of the Ontario Public Services Union and pointed out that the assessment workforce had dropped from 2,100 employees to less than 1,300 in 2002. It pointed out that this reduced staff complement was now required to undertake assessments annually but must also drastically reduce the level of services provided. Ms. Reed commented that MPAC's 'Futures' program has had a high cost given the loss of experience of long service employees who have retired and have not been replaced and that morale of MPAC staff was now at an all-time Iow. It was stated that MPAC's restructuring plan has destroyed its working relationship with municipalities and allowed for decisions to be made from remote centralized functional offices located in various municipalities in the Province. She described examples of the lower standard of services now provided and the reliance on computer modeling techniques to carry out the assessment function that was previously dealt with hands-on by qualified and knowledgeable staff. It was pointed out that MPAC is supposed to be partially owned by municipalities and therefore accountable to them which does not appear to be the case. A draft resolution was circulated to Council which urges municipalities to contact Janet Ecker, Minister of Finance, to express their concerns regarding the restructuring of MPAC that has taken place. The delegation responded to various questions of members of Council. Councillor M. Galloway offered to try to get this matter onto the agenda of the next Association of Municipalities of Ontario Board meeting. Staff expressed support of the concerns raised by the delegation this date. Also, it was pointed out that the matter was one of fairness to both assessment staff and taxpayers who had COUNCIL MINUTES DECEMBER 9, 2002 - 501 - CITY OF KITCHENER a right to expect property assessments would be up-to-date and to expect their concerns to be addressed in a timely manner. Mayor C. Zehr commented that increases in property assessment values do not provide municipalities with additional revenue as only new assessment does. He also commented that if the City was to adopt the draft resolution, it was accepting the statements in the 'whereas' operative clauses of the delegation's draft resolution as statements of fact even though they refer to matters that the City did not have information about. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "WHEREAS the property tax is a vital part of municipal funding, and all municipalities and ratepayers depend on accurate assessments; AND WHEREAS the Municipal Property Assessment Corporation (MPAC) has ignored the wishes of over 100 municipalities and is implementing a corporate restructuring program, called 'Futures', that is dramatically changing property assessment in this Province; AND WHEREAS MPAC has already cut its front-line staff from over 2,100 to 1,350 and will further reduce them to 1,100 once 'Futures' is fully implemented, with job losses in every region of Ontario; AND WHEREAS this has shattered workplace morale and disrupted families; AND WHEREAS municipalities are already noticing a loss of local expertise and a decrease in service quality as a result of this centralization plan; AND WHEREAS 'Futures' is reducing the number of people who collect hard data on property values by 75 percent and replacing hard data with a computer program; AND WHEREAS MPAC assessors have been ordered not to speak directly with municipal officials; AND WHEREAS MPAC is now required to re-assess every Ontario property annually, instead of every four years; AND WHEREAS a plan to do four times the work with just over half the people will not work; THEREFORE BE IT RESOLVED THAT the City of Kitchener hereby calls on Janet Ecker, Ontario Minister of Finance to intervene to repair the damage 'Futures' has done to Ontario property assessment and to bring forward a plan to restore local assessment expertise and good working relationships between assessment staff and municipalities at the local level; AND FURTHER that a copy of this resolution be forwarded to local MPPs and the Association of Municipalities of Ontario." Carried. Mr. G. Sosnoski advised that Mr. Brian Banks, Co-Chair, Tourism Marketing Partnership Business Plan Taskforce, would not be making a presentation this date as it had been decided to approach a Regional committee prior to making presentations to local Councils. Mr. Orville Thacker, President, Waterloo Region Council of Union Retirees, attended on two matters. Firstly he wished to publicly express his appreciation to City Operations staff for the professional manner in which they had addressed a concern which he had brought to their attention respecting the curb and gutter in front of his property and his driveway ramp. He pointed out just how quickly this matter was attended to and suggested that Councillors could have similar results with their citizen inquiries by just passing along telephone numbers of the right staff members to contact when complaints are received. He also remarked on the quick response he had received from Ms. P. Houston to an inquiry which he recently made. Mr. Thacker then turned his attention to Clause 3 of the Finance and Corporate Services Committee report of this date dealing with the recommendations of a citizens committee pertaining to Council compensation. He advised that he was not opposed to the recommendations but expressed concern with respect to the RRSP contributions which he stated could be a significant amount in a few years. He stated that he would just like taxpayers to be aware COUNCIL MINUTES DECEMBER 9, 2002 - 502 - CITY OF KITCHENER of it and noted that the recommendation did not require Councillors to make a personal contribution. Mr. Thacker commented that he had not seen any details previously with regard to an RRSP contribution that was being made on behalf of the Mayor. He also provided remarks on the logic of receiving raises which staff receive and the data that measured the average honourarium of Kitchener Council members against other municipalities which did not include details of the average workers wages in those same municipalities. Councillor B. Vrbanovic pointed out that the recommendation now before Council would provide the new Council with an annual salary adjustment that was the lowest received by either of two base groups of employees. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 3 of the Finance and Corporate Services Committee report be adopted." A friendly amendment was introduced by the Mover and Seconder of Clause 3 and accepted by the Mayor that would revise paragraph 2 of Clause 3 to read as follows: 'That effective December 1, 2003, Councillors will have the option of receiving matching contributions to their individual RRSP up to the regular rate OMERS contribution. It being recognized that the Mayor currently receives contributions to his RRSP in lieu of the regular rate of OMERS contribution; and, ' Councillor J. Gazzola advised that he was opposed to Clause 3 of the report on the basis that Council remuneration levels were adequate at this time and that, in his view, there was a need for a return to more of a public service role on the part of members of Council. He commented that Council had received a 30 percent increase two years ago and was opposed to linking increments in Council remuneration to salary increases awarded to City staff. Finally, he indicated that it would be his preference to see an independent body review Council remuneration and not an appointed Committee. Councillor M. Galloway also expressed opposition to Clause 3 and agreed that the office of Councillor was a part-time position. Further, he also objected to the RRSP contribution as being unnecessary. Several members spoke in support of certain aspects of Clause 3 of the report. The motion of Councillor B. Vrbanovic and Councillor M. Galloway to adopt Clause 3 of the Finance and Corporate Services Committee report, as amended this date, was put to a recorded vote. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola and B. Vrbanovic Contra: Councillors M. Galloway and J. Gazzola Absent: Councillor C. Weylie Motion Carried. Mr. Tom Hardacre, Planning and Engineering Initiatives Ltd., attended on behalf Sunvest Development Corporation in respect to Clause 7 of the Development and Technical Services Committee report of this date which deals with staff recommendations pertaining to applications for zone change and subdivision that were deferred and referred at the December 2, 2002 Committee meeting for consideration this date. Mr. Hardacre advised that following the Committee meeting, he had met with Mr. & Mrs. Gimbel and Mr. B. Sloan and provided Planning staff with a report discussing the request received to re-orient several lots on Ivy Lane Court to Westmeadow Drive and three key issues in this regard. Firstly, he noted that changing the lotting would result in a lot reduction from 5 lots to 2 lots and not 3 lots as proposed by Mr. Gimbel in his presentation at the Committee meeting. Secondly, he advised that Ivy Lane Court was to be developed to municipal standards but as it currently stands, much of the frontage on the Court was not saleable frontage. Finally, he advised that his client had already donated 24.8 percent of total land area in the subdivision for purposes other than roads and that if Mr. COUNCIL MINUTES DECEMBER 9, 2002 - 503 - CITY OF KITCHENER Gimbel's request was accepted, this would result in an additional 1.2 percent land area for a total dedication of 26 percent of total area. Mr. J. Willmer commented that staff's preference would be to acquire more cash in lieu of any additional dedication or active parkland rather than passive parkland which is what the woodlot represents. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the staff recommendation listed under Clause 7 of the Development and Technical Services Committee report for consideration this date be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Development and Technical Services Committee be adopted." In reference to Clause 8 of the report, Mr. J. Willmer advised that staff had further reviewed a request presented at the December 2, 2002 Committee meeting in correspondence from Mr. R. Hardy on behalf of 1071745 Ontario Limited to advance the timing of Site 8, being Subdivision 30T-02205, from Priority 2002 'C' to Priority 2002 'A'. On motion by the Mover and the Seconder of the report, it was agreed to amend Clause 8 in this regard. Voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Clause 8 - Carried, as Amended. 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." Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Councillor M. Galloway referred to correspondence dated December 5, 2002 received from the President of the Association of Municipalities of Ontario (AMO) requesting a voluntary donation be made from Kitchener as a shareholder of a Local Distribution Company (LDC) toward a 'Bill 201 Fund' for the purpose of providing AMO with financial support to continue engaging various experts to continue meeting with government officials and preparing input relative to electricity legislation and its regulations. By general consent, it was agreed that AMO be advised that Kitchener Council was supportive of their request but because of a Council procedural problem was unable to provide a resolution of support until the early January, 2003. It was requested this matter be listed on the January 6, 2003 meeting agenda of the Finance and Corporate Services Committee for consideration. DECEMBER 9, 2002 COUNCIL MINUTES - 504 - CITY OF KITCHENER Mayor C. Zehr noted that Festival of the Night activities would commence at 6:00 p.m. on December 31, 2002 and that the New Year's Levee would be held from 2:00 - 4:00 p.m. on New Year's Day 2003. At the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, Council agreed to add six by-laws to the agenda for three readings this date. The first by-law relates to an amendment respecting the parking of vehicles on municipal off-street parking facilities. Three by- laws relate to zone change applications contained in Clauses 7, 9 & 10 of the Development and Technical Services Committee report of this date. The two remaining by-laws also relate to Clause 10 of the Development and Technical Services Committee report of this date dealing with licensing of snow disposal sites and amendment of Municipal Code Chapter 665 (Property Standards) with respect to snow disposal sites. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation. (b) Being a by-law to provide for the establishing and laying out of part of Wabanaki Drive as a public highway in the City of Kitchener. (c) Being a by-law to provide for the establishing and laying out of part of Hidden Valley Road as a public highway in the City of Kitchener. (d) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. (e) Being a by-law to provide for the widening of part of David Street as a public highway in the City of Kitchener. (f) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code and various By-laws of the Corporation of the City of Kitchener. (g) To further amend By-law No. 2000-159, being a bylaw to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (h) To confirm all actions and proceedings of the Council. (i) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (J) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sunvest Development Corporation - Westmeadow Drive. (k) 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 - Old Country Drive. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Private Snow Disposal Sites. (m) Being a by-law to licence Snow Disposal Sites. (n) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. DECEMBER 9, 2002 COUNCIL MINUTES - 505 - CITY OF KITCHENER 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. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) Carried. Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation. (By-law No. 2002-228) Being a by-law to provide for the establishing and laying out of part of Wabanaki Drive as a public highway in the City of Kitchener. (By-law No. 2002-229) Being a by-law to provide for the establishing and laying out of part of Hidden Valley Road as a public highway in the City of Kitchener. (By-law No. 2002-230) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener. (By-law No. 2002-231) Being a by-law to provide for the widening of part of David Street as a public highway in the City of Kitchener. (By-law No. 2002-232) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code and various By-laws of the Corporation of the City of Kitchener. (By-law No. 2002-233) To further amend By-law No. 2000-159, being a bylaw to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2002-234) To confirm all actions and proceedings of the Council. (By-law No. 2002-235) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2002-236) DECEMBER 9, 2002 COUNCIL MINUTES - 506 - CITY OF KITCHENER (J) (k) (m) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sunvest Development Corporation - Westmeadow Drive. (By-law No. 2002-237) 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 - Old Country Drive. (By-law No. 2002-238) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Private Snow Disposal Sites. (By-law No. 2002-239) Being a by-law to licence Snow Disposal Sites. (By-law No. 2002-240) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards. (By-law No. 2002-241) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:45 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 9, 2002 - 507 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That a Standard Funded Crossing Warning System Modification Agreement pertaining to the at grade crossing of Glasgow Street west of Highland Road West (Mile 66.66 Guelph Subdivision), be entered into with the Goderich-Exeter Railway Company Limited as prepared and submitted by UMA Engineering Ltd., subject to the satisfaction of the City Solicitor; and further, That an expenditure of $43,000.00 be approved for the required railway crossing modification in the 2003 Capital Budget, with the remaining $20,000.00 cost to be funded from the surplus of the 2002 Railway Maintenance account. That an all-way stop be installed at the intersection of Hayward Avenue and Hanson Avenue; and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop not be installed at the intersections of Lydia Street at Cameron Street, Lydia Street at Pandora Avenue and Samuel Street at Brubacher Street. That effective December 3, 2002, the Forsyth Parking Lot No. 8 offer hourly parking at a cost of $1.25 per hour, 2 hour limit, Monday to Saturday, 8:00 am - 6:00 pm; and further, That By-Law 88-169 be amended accordingly. That the Uniform Traffic Bylaw 2000-159 be amended to enact the necessary provisions for the designation of Roundabouts and for the regulation of traffic and parking at Roundabouts. That the Uniform Traffic By-law be amended to include bridge locations that require a set gross weight limit; and, That the Uniform Traffic By-law be amended to incorporate a revised definition for "Heavy Truck"; and further, That the Uniform Traffic By-law be amended to ensure that, in the case(s) where the Uniform Traffic By-law and the Highway Traffic Act provide different definitions for the same item, the definition outlined in the Uniform Traffic By-law shall prevail. That the request submitted by the applicant for Plan of Subdivision 30T-01202 (Sunvest Development Corp.) for exemption from Council Policy 1-652, Emergency and Secondary Access Policy to allow a cul-de-sac (Winding Meadow Court) to be 330 metres in length with an emergency access rather than a second road access until such time as Westmeadow Drive is extended west through the adjacent Plan of Subdivision 30T-02205 and to allow Westmeadow Drive (temporary cul-de-sac) and Ivy Lane Court to be developed further than 150 metres from an emergency access until such time as Westmeadow Drive is extended west through the adjacent Plan of Subdivision 30T- 02205, be approved. That Zone Change Application ZC 01/02AN/BS (Westmeadow Drive and Bankside Drive - Sunvest Development Corp.) requesting a change in zoning from Agricultural Zone (A-l) to Residential Four Zone (R-4), Public Park Zone (P-l), Hazard Land Zone (P-3) on lands legally described as Part of Lot 38, German Company Tract, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated October 25th, 2002, without conditions. It is the opinion of the Council 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 97-061, grant draft approval to Plan of DECEMBER 9, 2002 COUNCIL MINUTES - 508 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd Subdivision Application 30T-01202 (Westmeadow Drive and Bankside Drive), in the City of Kitchener, for Sunvest Development Corporation, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-01202 as shown on the plan prepared by Planning and Engineering Initiatives Ltd. last revised November 8th, 2002 and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated October 22nd, 2002, which shows the following: Stage 1 Lots 1-71 Blocks 72-75 Blocks 76, 77 Blocks 78 & 81 Block 79 Block 80 Blocks 82, 84 Block 83 Block 85 - 71 units - single detached - future residential - 0.3m reserve - park - 6m walkway - wetland/SWM - open space/SWM - open space - 6m walkway/emergency access Stage 2 Lots 1-24 Block 25 Block 26 - 24 units - single detached - 6m walkway/SWM facility access - 0.3 metre reserve Stage 3 Lots 1-30 Block 31 - 30 units - single detached - 0.3 metre reserve Total - 125 units 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Sunvest Development Corp.) regarding the lands shown outlined on the attached Plan of Subdivision dated October 23rd, 2002 and which shall contain the following special conditions: Section 2 Prior to Area Grading 2.11 The SUBDIVIDER shall prepare a Grading, Erosion and Siltation Control Plan for the area to be used for emergency access and construction route from Victoria Street to Winding Meadow Court over Hydro One lands and Block 85 (Stage 1) and a detailed design of the access route to the satisfaction of the CITY's Director of Engineering Services in consultation with the CITY's Community Services and Hydro One. Section 3 Prior to Servicing 3.16 The SUBDIVIDER agrees that the plan shall be registered in three stages in accordance with the following: a) b) Stage 1 must be registered first; Stage 2 shall be registered concurrently with or at any time subsequent to the registration of Stage 1; DECEMBER 9, 2002 COUNCIL MINUTES - 509 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL c) Stage 3 shall be registered after Stage 2 and concurrently with or at any time subsequent to the registration of the appropriate stage in the adjacent Draft Plan of Subdivision 30T-02205 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd Section 4 Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees to undertake any measures required to ensure proper water pressure to all lots and blocks within the proposed development, to the satisfaction of the CITY'S Director of Engineering Services or Chief Building Official. 4.23 a) The SUBDIVIDER agrees that no building permits shall be applied for on any lot or block in any phase of the subdivision until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct-to-fire alarm monitoring system for each and every dwelling to be constructed within this subdivision. Satisfactory arrangements shall be the submission of drawings showing the hardwiring in each dwelling. b) Occupancy of each dwelling shall not be permitted until the CITY'S Chief Building Official has confirmed that the direct-to-fire alarm monitoring system referenced to in 4.23 a) is operational. c) Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY 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. 4.24 The SUBDIVIDER agrees that no building permits shall be issued for Blocks 72 to 75 (Stage 1) until the closure of the adjacent 6 metre wide right-of-way is complete and said Blocks are consolidated with the redundant right-of-way and with the appropriate Blocks in Stage 1 in the adjacent Plan of Subdivision 30T- 02205. 4.25 The SUBDIVIDER agrees: a) To construct the required permanent emergency access road on Block 85 (Stage 1) and the temporary emergency access road over Hydro One lands between Block 85 (Stage 1) and the future Victoria Street extension to the satisfaction of the CITY's Director of Engineering in accordance with the requirements set out in the CITY's Subdivision Manual at the cost of the SUBDIVIDER and in consultation with Hydro One prior to the issuance of a building permit for Stage 1. b) That the temporary emergency access road to be located on Hydro One lands between Block 85 (Stage 1) and existing Victoria Street shall not be used for public walkway purposes and the SUBDIVIDER shall erect a sign at the entrance to Block 85 (Stage 1) indicating such to the satisfaction of the City's Director of Operations prior to the issuance of a building permit for Stage 1. 4.26 The SUBDIVIDER shall make financial arrangements with the CITY's Engineering Services for the extension of municipal services that are necessary to provide an adequate storm outlet and access to the stormwater management pond to be located on Block 82 (Stage 1) prior to the issuance of any building permits in Stage 2. DECEMBER 9, 2002 COUNCIL MINUTES - 510 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd Section 6 Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Victoria Street to Block 85 (Stage 1) over the Hydro One lands for Stage 1 and restricted to using Highland Road to the laneway adjacent to the western boundary of the plan of subdivision for Stage 2 and restricted to using Bankside Drive from the adjacent plan of subdivision 30T- 02205 for Stage 3 and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering Services. 6.11 That in the event that the future Victoria Street extension is not constructed and open as a public road prior to the registration of the final stage of the plan of subdivision, the SUBDIVIDER shall submit a Letter of Credit for the cost of the construction of the permanent emergency access/walkway from Block 85 (Stage 1) to the Victoria Street extension to the satisfaction of the CITY's Director of Engineering Services prior to the registration of the final stage of the plan of subdivision. 6.12 The SUBDIVIDER agrees that prior to pre-servicing or the registration of Stage 1 of the plan whichever is first, that the CITY be in receipt of a registerable deed for the lands that would be the completion of the Winding Meadow Court cul-de-sac and the SUBDIVIDER shall be responsible for the design and construction of said road to the satisfaction of the CITY's Director of Engineering Services. 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 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 install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include COUNCIL MINUTES DECEMBER 9, 2002 - 511 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd 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; (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 Director of Operations; 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 dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Director of Planning, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Director of Planning; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Director of Planning; DECEMBER 9, 2002 COUNCIL MINUTES - 512 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 10. The SUBDIVIDER shall satisfy the 5% parkland dedication for the entire subdivision, which dedication is 0.438 hectares, plus the 0.58 hectares of parkland dedication from the parkland deferral agreement registered on the subject lands, for a total dedication of 1.018 hectares by: 1) both the conveyance of Blocks 78 and 81 (Stage 1) to the CITY, at no cost and free of encumbrance, which will satisfy 0.634 hectares of the dedication AND either a) b) c) a cash-in-lieu contribution for the remainder of the dedication, equivalent to the value of 0.384 hectares of land, with the value of the land determined as of the day before the day of draft approval; OR the future conveyance of 0.384 hectares of land for this subdivision on lands legally described as Part of Lot 39, German Company Tract, more specifically Parts 1-6, Reference Plan 58R-11362, in addition to the parkland dedication required for such lands, by the registration of a parkland deferral agreement on such lands; OR a combination of a) and b) to the total value of 0.384 hectares of land. 11. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S Director of Operations and to obtain therefrom, approval of such plans. 12. The SUBDIVIDER shall prepare a detailed design in accordance with the requirements set out in the CITY's Subdivision Manual and the Grading, Erosion and Siltation Control Plan for the temporary and permanent emergency access to be located on Hydro One lands between Victoria Street and Block 85 (Stage 1) to the satisfaction of Hydro One, the CITY's Director of Operations and the CITY's Director of Engineering Services 13. 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. 14. To convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: COUNCIL MINUTES DECEMBER 9, 2002 - 513 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd STAGE 1 a) b) c) d) e) Blocks 76 and 77 for 0.3 metre reserve; Blocks 78 and 81 for park purposes; Block 80 for wetland/stormwater management purposes; Blocks 82 and 84 for open space/stormwater management purposes; Block 83 for open space purposes. STAGE 2 a) b) Block 25 for SWM facility access; Block 26 for 0.3 metre reserve. STAGE 3 a) Block 31 for 0.3 metre reserve. 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block COUNCIL MINUTES DECEMBER 9, 2002 - 514 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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." DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd That prior to any grading, the owner shall prepare a storm water management report to be submitted for approval for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services. That prior to the registration of Stage One of the plan, the owner shall prepare a noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from Regional Road No. 55 (Victoria Street), and if necessary, the owner shall enter into a registered agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. That the owner enter into an agreement with the City of Kitchener that no dwelling units in this plan of subdivision will be constructed with finished floor elevations greater than 377 MASL in order to maintain adequate water pressure. That the owner receive written confirmation from Hydro One indicating that they have no objection to the temporary and permanent emergency access extending across their property from Winding Meadow Court to Victoria Street and forward this confirmation to the Regional Commissioner of Planning, Housing and Community Services prior to the issuance of Regional Road Access Permits for each access respectively. That the owner submit a detailed design drawing to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services for the temporary emergency access to Highland Road and for the temporary and permanent emergency access at Victoria Street prior to the issuance of Regional Road Access Permits for each access respectively. 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 SUBDIVIDER shall submit the following plans and reports to the satisfaction and approval of the Grand River Conservation Authority: a) A detailed Stormwater Management Report and plans in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the Preliminary Stormwater Management Report outlined within the Environmental Impact Study (prepared by Planning and Engineering Initiatives Ltd. and Thompson Environmental Planning Design Ltd. dated July 5, 2002. b) A detailed Lot Grading, Servicing and Drainage Plan c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149, as amended, prior DECEMBER 9, 2002 COUNCIL MINUTES - 515 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL to any construction within a wetland or floodplain Greenway. of the Detweiler DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd That prior to final approval of the plan for registration, the SUDIVIDER shall submit a lot grading and drainage plan, showing existing and final grades, to Hydro One for review and approval. Drainage shall be controlled and directed away from Hydro One property. That prior to the start of construction, the SUBDIVIDER shall install temporary fencing along the edge of lands owned by Hydro One at the SUBDIVlDER's cost. That following the completion of construction, the SUBDIVIDER shall install permanent fencing along lands owned by Hydro One at the SUBDIVlDER's cost. That Hydro One property is not to be used without the express written permission of Hydro One Networks Inc. During construction there will be no storage of materials or mounding of earth or other debris on the right-of-way. The proponent will be responsible for restoration of any damage to the right-of-way from construction of the subdivision. That the costs of any relocations or revisions to Hydro One facilities that are necessary to accommodate this subdivision will be borne by the SUBDIVIDER. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.8 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 Director of Planning, the Director shall be advised by the Grand River Conservation Authority that Condition 4.1 has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Hydro One that Conditions 4.2 to 4.6 have been carried out to the satisfaction of Hydro One. The clearance letter from Hydro One shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by Kitchener-Wilmot Hydro that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. That prior to the signing of the final plan by the City's Director of Planning, the Director shall be advised by the telephone companies that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 6. NOTES Development Charges DECEMBER 9, 2002 COUNCIL MINUTES - 516 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Development and Technical Services Department 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. Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the 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. DECEMBER 9, 2002 COUNCIL MINUTES - 517 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 10. 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. 11. Hydro Lands The transmission lines abutting this subdivision operate at either 500,000 or 230,000 volts. Section 186 - Proximity - of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energised 500 kV conductor. The distance for a 230kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 12. Final Plans - Subdivision When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature 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 It is the opinion of the Council that approval of this Subdivision Application is proper planning for the City. (Dealt with under Delegations and Carried) COUNCIL MINUTES DECEMBER 9, 2002 - 518 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Staging of Development Report 2003-Post 2004 (DTS-02-260-PL) including timing revisions recommended in addendum report DTS-02-261, save and except parcel #8 (Subdivision Application 30T-02205) 1071745 Ontario Limited which is advanced from 2002 Priority 'C' Draft Approval to 2002 Priority 'A', be approved; and further, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. Cont'd That wording regarding subdivisions, infill development and allocation of City resources under the 'Financial Implications' section of report DTS-02-261 be deleted from the staff report and replaced with the wording contained in a memorandum dated December 2, 2002 from G. Stewart and J. Willmer. (As Amended) That Zone Change Application ZC 02/31/O/CB (33 Old Country Drive Edmund Farrage) for the purpose of changing the zoning from Residential Six Zone (R-6) with Special Regulation Provision 292R to Residential Six Zone (R-6) with a revised Special Regulation Provision 292R, on lands legally described as Part of Block 293 Registered Plan No. 1349 (Parts 1 & 2 Plan 58R-12325) in the City of Kitchener, be approved in the form shown in the "Proposed By-law, dated November 21, 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-02207 (33 Old Country Drive), in the City of Kitchener, for Edmund Farrage, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02207 as shown on the plan prepared by Planning & Engineering Initiatives Ltd., dated August 14, 2002 as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated December 2, 2002, which shows the following: Block 1 Block 2 Block 3 Block 4 Block 5 - Multiple Residential (5 townhouses) - Multiple Residential (5 townhouses) - Multiple Residential (5 townhouses) - Multiple Residential (5 townhouses) - Driveway/Open Space 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Subdivider shall enter into a City 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 November 21, 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-02205 immediately after the registration of Plan of Subdivision 30T-02207 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-02207 and prior to the registration of Plan of COUNCIL MINUTES DECEMBER 9, 2002 - 519 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Condominium 30CDM-02205 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-02207 and prior to the registration of Plan of Condominium 30CDM-02205 is bound as successor in title to the Subdivider to convey, free and clear of encumbrance, the DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. Cont'd same to the City of Kitchener or to a person including the Subdivider as directed in writing by the City of Kitchener. 2.2. That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 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. 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- 02205 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; DECEMBER 9, 2002 COUNCIL MINUTES - 520 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. 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. 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 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-02207 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 the Regional Municipality of Waterloo, that Condition 3.1 has been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions have been satisfied. 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-02205 (33 Old Country Drive), in the City of Kitchener for Edmund Farrage, subject to the following Conditions: DECEMBER 9, 2002 COUNCIL MINUTES - 521 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 1. That this approval applies to Draft Plan of Condominium 30CDM-02205 for Edmund Farrage, prepared by Planning and Engineering Initiatives Limited, dated August 14, 2002, as shown on the attached Plan of Condominium prepared by the City of Kitchener dated December 2, 2002, that shows a driveway/open space block (Block 1 ). DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. Cont'd 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: i) That the parking and storage of derelict vehicles and recreation vehicles on the subject lands is prohibited. 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. ii) That a private contractor will pick up and dispose of garbage refuse from the designated refuse area. iv) 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. v) That access rights will be maintained for Kitchener-Wilmot Hydro. That the surveyors for the Subdivider shall advise the City's Director of Planning, in writing, that the required description and other plans to be registered by the Subdivider 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 Subdivider 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 Subdivider advise the City's Director of Planning that the declaration has been executed on behalf of the Subdivider and that all of the schedules to the proposed condominium declaration have been signed by the requisite signatories including the Subdivider, 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 with such approval being required to be obtained prior to registration. 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. i) To complete any outstanding site development work required by the Section 41 Development Agreement registered as Instrument Number LT0043084 or, to submit to the City of Kitchener a Letter of Credit to cover DECEMBER 9, 2002 COUNCIL MINUTES - 522 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. Cont'd 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. ii) 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. 5. 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 DECEMBER 9, 2002 COUNCIL MINUTES - 523 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. Cont'd Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To ensure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Region 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 DECEMBER 9, 2002 COUNCIL MINUTES - 524 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Final Plans - Condominium 9. 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 DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. Cont'd will be endorsed on the plan and it will be forwarded to the Registry Office or 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 the Subdivision Application and the Condominium Application is proper planning for the City. 10. That Zone Change Application ZC 02/40/TC/CB (City Initiated), to add a definition for "Snow Disposal Sites" to Section 4.2 (Definitions) of Zoning By-law 85-1 be approved in the form shown in the Proposed By-law, dated November 26, 2002. Adding this definition will permit snow disposal sites: a) b) In Downtown Zones (D-1 and D-2) without the need for a zone change. In other zones subject to approval of a site specific zone change. It is the opinion of this Committee that approval of this application is proper planning for the City. - and - That staff be directed to investigate a more comprehensive approach to regulating snow disposal by private contractors, through the generation of site specific criteria for snow disposal sites, to be completed by the Fall of 2003, including the possibility of providing additional City- operated snow disposal sites. - and - That staff be directed to prepare a by-law for Council's consideration at the December 9, 2002, Council meeting to licence Snow Disposal Sites, based on the proposed by-law dated November 28, 2002, attached to Finance and Corporate Services Report CRPS-02-276. - and - That staff be directed to prepare a by-law for Council's consideration at the December 9, 2002, Council meeting to amend the Municipal Code, Chapter 665 (Property Standards), to define a snow disposal site and a snow storage site and to regulate the storage of snow on these sites to limit safety hazards and the adverse impact on adjacent lands. 11. That 'Permit Only Parking' be implemented on all residential roadways in the immediate area of St. Mary's, Grand River and Freeport Hospitals; and, That Transportation Planning and the Ward Councillor survey the residents of each roadway within the designated hospital areas to ensure majority consensus prior to implementation of the 'Permit Only Parking' program; and, COUNCIL MINUTES DECEMBER 9, 2002 - 525 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Uniform Traffic By-law be amended accordingly; and, That funds in the amount of $28,000 for the installation of the necessary signs be referred to the 2003 Capital Budget; and further, That funds in the amount of $2,800 be included in the annual Operating Budget. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. That Council endorse the staff comments contained in Development and Technical Services Department report DTS-02-245 regarding the draft Regional Sign By-law and direct staff to forward their comments to the Regional Municipality of Waterloo; and further, That the City of Kitchener encourage the Regional Municipality of Waterloo to work with area municipalities to develop a co-ordinated Sign By-law. COMMUNITY SERVICES COMMITTEE - That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an agreement amending an Agreement dated April 10, 2001 with the Optimist Club of Southwest Kitchener for licence to use the sportsfields at the Southwest Optimist Park, as attached to Community Services Department report CSD-02-235. That pursuant to Council Policy 1-272, a one-time contribution in the amount of $1,000. be approved to the May Place Community Garden Group for start-up of the May Place Community Garden, which includes: a) Services in-kind: transport topsoil, woodchips and sod stripping $588.75 b) Cash grant $411.25. That the contract entitled "Terms and Conditions - Sport Field Rental" attached to Community Services Department report CSD-02-239 be approved as a pre-approved contract to be used for rental of municipally owned sportsfields. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the "Memorandum of Agreement re: the Community Access Program" with the Social Planning Council of Kitchener-Waterloo, as attached to Community Services Department report CSD-02-222. That the City of Kitchener shall indemnify and hold harmless The Walter Bean Grand River Community Trails Foundation and The Walter Bean Grand River Community Trails Corporation against any and all claims (including costs and damages) relating to, or arising from, third party claims relating to construction, design or maintenance of the Walter Bean Grand River Community Trails and all related facilities within the City; and, That The Walter Bean Grand River Community Trails Foundation and The Walter Bean Grand River Community Trails Corporation, their directors, officers, employees, agents and volunteers be added as additional insureds to the City's municipal liability insurance policy for claims relating to, or arising from, third party use of all components of the Walter Bean Grand River Community Trails within the City of Kitchener; in amounts and with coverage equivalent to the coverage afforded the City's Minor Sports Groups and Affiliated Groups; and further, That staff be directed to pursue co-ordination of similar arrangements with other local municipalities with Walter Bean Grand River Community Trails. That subject to final approval as part of the 2003 Capital budget process, approval be granted in principle to reallocate community arena funding within the 10 Year Capital Forecast, from concession upgrades to barrier free improvements. COUNCIL MINUTES DECEMBER 9, 2002 - 526 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Smithson Public School be awarded a one-time community playground grant in the amount of $2,750. in 2002 toward construction of a new creative playground to be located within the school campus. COMMUNITY SERVICES COMMITTEE - (CONT'D) That subject to final approval as part of the 2003 Operating budget process, the 2003 annual operating grants, as outlined in Community Services Department report CSD-02-242, be revised to $939,188. from $910,123., which incorporates the following recommendations relative to grant appeals lodged by organizations: a) That the 2003 annual operating grant for the K-W Performing Arts Association / Theatre & Company be increased to $6,312. from $2,612., with the proviso that the operating grant will return to the base rate of $2,612. in 2004. b) That the 2003 annual operating grant for the Homer Watson House and Gallery be increased to $102,087. from $91,087. c) That a 2003 annual operating grant in the amount of $3,000. not be approved for eyeGO to the Arts Inc. d) That a 2003 annual operating grant of $13,318. be approved for the Volunteer Action Centre K-W & Area. e) That a 2003 annual operating grant in the amount of $3,000. not be approved for NUMUS Inc. f) That the 2003 annual operating grant for the Kitchener Horticultural Society be increased to $132,120. from $124,755.; and further, That staff be directed to work with the Horticultural Society to explore cost saving measures, including the possibility of liability coverage under the City's insurance policy. g) That a 2003 annual operating grant of $5,358. be approved for the K-W Opera; and further, That this annual operating grant be increased by up to $5,000. based on the following: i) a City contribution of $0.50, to a maximum of $5,000., for every new $1.00 raised by K- W Opera by June 30, 2003; ii) and subject to the City of Waterloo approving a similar matching grant program. h) That the 2003 annual operating grant for Christkindl Canada be increased to $12,000. from $10,000. That an in-kind facility grant in the amount of $243.85 not be approved for Epilepsy Waterloo- Wellington for the "Chicken Wing Competition" event held on June 21, 2002 at the Country Hills Community Centre. 10. That subject to final approval as part of the 2003 Operating budget process, an annual expenditure of $20,000. be approved for the Leisure Access Card (LAC) fee subsidy service. FINANCE AND CORPORATE SERVICES - That the City of Kitchener's mileage rate remain at $0.37 per kilometre, and the rate continue to be reviewed annually as part of the budget process. COUNCIL MINUTES DECEMBER 9, 2002 - 527 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 2. That the City enter into an agreement with The Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society, substantially as outlined in the attachment to Corporate Services Department report CRPS-02-269 save and except for revisions to the voucher proposal as discussed at the December 2, 2002 Finance & Corporate Services Committee meeting, regarding the creation of a spay/neuter program to commence on January 1, 2003 and terminate on December 31, 2003, to be partially funded by a one time grant of up to $66,000; and further, FINANCE AND CORPORATE SERVICES - (CONT'D) 2. (Cont'd) That the Mayor and Clerk be authorized to sign such agreement, subject to the satisfaction of the City Solicitor. That the Mayor's and Councillors' current base salary remain at $62,200 and $32,000 respectively for the remainder of the current term; and, That effective December 1, 2003 Councillors will have the option of receiving matching contributions to their individual RRSP up to the regular rate OMERS contribution. It being recognized that the Mayor currently receives contributions to his RRSP in lieu of the regular rate of OMERS contribution; and, That effective December 1, 2003, the base salary of the Mayor and Councillors be set at $63,444 and $32,640 respectively; and That effective with the election of City Council in 2003, the Mayor and Councillors receive an annual salary adjustment equal to the lesser of the annual adjustment received by City staff classified as M-band or classified as non-union employees, which shall take effect on the same date as the staff adjustment; and further, That Council adopt a policy which establishes: the base salary of the Mayor and Councillors; the contribution in lieu of OMERS pension; the annual salary adjustment; and, that any amendment to the policy will require at least one public meeting of which sufficient notice shall be given. (Dealt with under Delegations and Carried, as Amended) That the Financial Services Department be directed to pursue the alternative of municipal water provision to residents currently served by a private water system near Doonbrook Place; and, That staff review and incorporate the use of trenchless technology techniques to reduce the cost of the job while funding about half of the cost of the job from funds for this type of development; and further, That staff be directed to initiate and process an Area Surcharge in accordance with Section 2 of the Public Utilities Act on all affected residents. That the transportation component of the natural gas rates be increased to 4.529 cents per cubic meter effective January 1, 2003, or the actual interim rate and date as approved by the National Energy Board if different; and further, That the delivery component of the natural gas rates be changed as proposed in Appendix A of Financial Services Department report FIN-02-049, effective January 1, 2003, or the actual rates and dated as approved by the Ontario Energy Board for Union South if different. DECEMBER 9, 2002 COUNCIL MINUTES - 528 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES DECEMBER 9, 2002 - 529 - 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. Sponsorship A.qreement - Brick Brewery It was resolved: "That the City enter into a sponsorship agreement with Brick Brewery for $3,750. for the Kitchener Memorial Auditorium Complex and golf courses as outlined in report CSD-02- 252; and further, That the Mayor and Clerk be authorized to sign the agreement subject to the satisfaction of the City Solicitor." 2. Tourism Fundinq Extension It was resolved: "That the City of Kitchener requests a three (3) month extension to April 1, 2003 to the Greater Kitchener Waterloo Chamber of Commerce, for the provision of tourism information services, at a cost not to exceed $20,000." Ratification of Execution of Engineering Agreement - Margaret Avenue Bridge Evaluation and Rehabilitation Council was asked to consider approving the following recommendation pursuant to the Purchasing By-law which was inadvertently overlooked in a prior recommendation with respect to decisions made during the 2001 summer meeting recess. It was resolved: "That Council ratify the Acting Chief Administrative Officer's decision of July 27, 2001 in respect to the awarding of Expression of Interest E01-066 (Consultant Services Margaret Avenue Bridge Evaluation Study & Rehabilitation), undertaken according to policy respecting Council's summer meeting schedule; and further, That the Mayor and Clerk be authorized to execute the necessary agreement." 4. Various Tenders Dealt with under Delegations. 5. Sale of Tickets - Parents of Technoloqicall¥ Dependent Children Council was in receipt of Corporate Services Department report CRPS-02-282 (J. Koppeser), dated December 4, 2002, advising of no objection to the sale of tickets. It was resolved: "That the City of Kitchener has no objection to the Parents of Technologically Dependent Children of Ontario, 87 Chestnut Hill, London, Ontario N6K 4J7, being granted permission to sell tickets in the City of Kitchener for a draw to be held March 28, 2003 at the Kids Country Club, 87 Chestnut Hill, London, Ontario." COUNCIL MINUTES DECEMBER 9, 2002 - 530 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Sale of Surplus Lands - 520 Franklin Street North Council considered Corporate Services Department report CRPS-02-283 (G. Andersen), dated December 4, 2002, respecting a staff recommendation that an offer be accepted from Habitat for Humanity to purchase former Hydro Substation #17 known municipally as 520 Franklin Street North, which is surplus to the City's needs. At the request of Councillor B. Vrbanovic, it was agreed that consideration of the sale of this property be deferred and Legal staff be directed to discuss the matter with Regional staff. Co-operative Agreement - Lutherwood Community Opportunities Development Association (55 Plus Personnel Placement Service) Council was in receipt of Community Services Department report CSD-02-253 (S. Adams), dated December 3, 2002. Council agreed to a staff request to add to the recommendation provision for the Mayor and Clerk to execute the agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Lutherwood Community Opportunities Development Association (55 Plus Personnel Placement Service) regarding a Co-operative Agreement setting out its licence to use and operate out of the Rockway Senior Centre, provided the details of the Agreement are not materially different than those set out Community Services Department report CSD-02-253, and the draft agreement attached to the report." 8. Co-operative Aqreement - Marmo Travel Club Incorporated Council was in receipt of Community Services Department report CSD-02-254 (S. Adams), dated December 3, 2002. Council agreed to a staff request to add to the recommendation provision for the Mayor and Clerk to execute the agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Marmo Travel Club Inc. regarding a Co-operative Agreement setting out its licence to use and operate out of the Rockway Senior Centre, provided the details of the Agreement are not materially different than those set out in Community Services Department report CSD-02-254, and the draft agreement attached to the report." 9. Municipal Property Assessment Corporation (MPAC) Dealt with under Delegations. 10. Lease Amendment- YW CityKids Da¥care Council was in receipt this date of Corporate Services Department report CRPS-02-288 (L. MacDonald), dated December 6, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute an Amendment to the Lease dated June 21, 1993 between the City and the Young Women's Christian Association of COUNCIL MINUTES DECEMBER 9, 2002 - 531 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Lease Amendment- YW CityKids Daycare - (Cont'd) Kitchener, in a form satisfactory to the City Solicitor, to provide for renovations to the existing premises in City Hall occupied by the YW CityKids Daycare to accommodate the enrolment of five more children and to add 2 new storage areas to the premises currently occupied by the Daycare." 11. A.qreement - Borehole Testinq - Huron Road Council was in receipt this date of Corporate Services Department report CRPS-02-287 (L. MacDonald), dated December 6, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the registered owner(s) of the lands on the north side of Huron Road between Fischer-Hallman Road and Strasburg Road to permit the installation of three boreholes in the Huron Road road allowance." 12. A.qreement - Walter Bean Grand River Community Trails Foundation Council was in receipt this date of Corporate Services Department report CRPS-02-286 (L. MacDonald), dated December 5, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with The Walter Bean Grand River Community Trails Foundation, satisfactory to the City Solicitor, for the purposes of holding funds in the amount of approximately $1.2 million for allocation to the construction of a pedestrian bridge to cross the Grand River as part of The Walter Bean Grand River Community Trail between Pioneer Tower and Highway 401 and any residue to be designated for general trail construction thereafter." 13. ARreement - City of Waterloo - Kaufman Park Council was in receipt this date of Corporate Services Department report CRPS-02-285 (L. MacDonald), dated December 6, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the City of Waterloo, satisfactory to the City Solicitor, pertaining to the City of Waterloo's assumption of the maintenance responsibilities for Kaufman Park, owned by the City of Kitchener." 14. Conditional Permit Aqreement - 525 Mill Street Council was in receipt this date of Corporate Services Department report CRPS-02-284 (L. MacDonald), dated December 6, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute a Conditional Permit Agreement, satisfactory to the City Solicitor, with the owner(s) of 525 Mill Street for the purpose of facilitating the owner's ability to remedy an unsafe condition in a building which does not comply with the City of Kitchener's Zoning Bylaw as authorized in Section 2.4.1.3(3) of the Building Code, Ontario Regulation 403/97." COUNCIL MINUTES DECEMBER 9, 2002 - 532 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 15. Agreement Waterloo Region Emergency Services Training and Research Complex Council was in receipt this date of Corporate Services Department report CPRS-02-289 (L. MacDonald), dated December 9, 2002. Fire Chief R. Browning advised that the Centre was nearing completion and would be ready by Spring, 2003. A request was made that he arrange for Councillors to tour the facility. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor, with: the Regional Municipality of Waterloo, the City of Waterloo, the City of Cambridge, the Township of North Dumfries, the Township of Woolwich, the Township of Wilmot and the Township of Wellesley to set out the responsibilities of the participating municipalities, to co-ordinate the usage of the Waterloo Region Emergency Services Training and Research Complex and define the role of an Operations Committee." 16. Lease Renewal - Dawn-Glo Stables (Village) and Equestrian Riding Centre - 437 Pioneer Tower Road Council was in receipt this date of Community Services Department report CSD-02-255 (F. Pizzuto), dated December 5, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment, satisfactory to the City Solicitor, to the Lease dated July 15, 2001 with Sheila Easton and Bill Easton pertaining to the use of the City's lands located on Part Lot 12, Richard Beasley's Broken Front Concession for an equestrian trail, to extend the term of the lease agreement for one year, terminating on December 31, 2003." 17. Fundinq A.qreement - Ontario SuperBuild - New Kitchener Market Council was in receipt this date of Community Services Department report CSD-02-219 (F. Pizzuto), dated December 5, 2002. It was resolved: "That the Mayor and Clerk be authorized to sign the "Funding Agreement for Infrastructure Projects" , satisfactory to the City Solicitor, with the Ontario SuperBuild Corporation in relation to a grant of $4.3 million for the new Kitchener Market Project." 18. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council was in receipt of correspondence from G. Sosnoski, General Manager of Corporate Services & City Clerk, dated November 27, 2002, relative to applications for cancellation, refund, reduction or levy of taxes. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."