Loading...
HomeMy WebLinkAboutCouncil - 2016-09-26 COUNCIL MINUTES SEPTEMBER 26, 2016 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT – The meeting began with the singing of “O Canada”. 2. MINUTES – At the request of Councillor Z. Janecki, Council agreed to amend the August 29, 2016, Council minutes to indicate that he was in attendance at that meeting. On motion by Councillor D. Schnider, the minutes of the regular meeting held August 29, 2016, as amended, and special meetings held August 29 and September 12, 2016, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATIONS REFERRED TO FILE – a. Flag Request under Policy I-442: Waterloo Region Council of Union Retirees – International Day of Older Persons – October 1, 2016 5. PRESENTATIONS – 5.a. K-W International Children’s Games Ms. Roberta Mulder, President, K-W International Children’s Games Committee, and Ms. Marina Ilyas, Athlete, addressed Council to thank the City for its continuing support of the K-W International Children’s Games athletes who participated in the June 2016 Games in the New Taipei, Taiwan. On behalf of the athletes, Mr. Patrick Ibrahim presented Mayor B. Vrbanovic with a photograph of the 2016 K-W International Children’s Games participants in front of New Taipei City Hall. 6. DELEGATIONS – Zone Change Application - Barra on Queen Inc. Council was in receipt of correspondence from Mr. G. Stevenson, Planner, dated September 22, 2016 regarding a revised By-law for consideration this date, which includes new regulations on the number of driveways and parking spaces for the rear yard of the redevelopment at the former Barra Castle lands; listed as Clause 1 on the Planning and Strategic Initiatives Committee report. Mr. M. Puopolo, Polocorp Inc., was in attendance in support of Zone Change Application to redevelop the former Barra Castle lands. Responding to questions, Mr. Puopolo indicated that he is amenable to engaging the residents of Mitchell Street during the site plan review process to address the privacy in their rear yards. Moved by Councillor P. Singh Seconded by Councillor B. Ioannidis “That the Planning and Strategic Initiatives Committee report be adopted.” Carried. 8.b. Heritage Permit Application – 10 Sims Estate Place Ms. Wendy Piwowarek and Mr. Graham White, Applicants, were in attendance in support of the revised Heritage Permit Application seeking permission to construct a detached single-car garage at 10 Sims Estate Place, listed as Clause 1 on the Heritage Kitchener report and Item 8.b under Unfinished Business. COUNCIL MINUTES SEPTEMBER 26, 2016 -161 - CITY OF KITCHENER Moved by Councillor Z. Janecki Seconded by Councillor J. Gazzola “That the report of Heritage Kitchener be adopted.” Carried. Fence Variance - 901 Gravel Ridge Place Mayor B. Vrbanovic advised the applicant seeking a variance to construct a fence at 901 Gravel Ridge Place was in attendance and it was agreed to consider the recommendation arising from the Committee of Adjustment concerning that matter, as listed under Item B 3.ii on the Committee of the Whole agenda. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Marsh “That the application of Ammori Ganem-Mohamed (FN 2016-006 – 901 Gravel Ridge Place) requesting permission to construct a wood fence having a height of 1.8m (6’) located 0.62m (2.034’) from the lot line abutting Gravel Ridge Trail rather than the required 1.5m (4.92’) on Lot 68, Registered Plan 58M-544, 901 Gravel Ridge Place, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a Landscape Plan from the City’s Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the side lot line abutting Gravel Ridge Trail. All landscaping shall be completed by May 31st, 2017 and shall be maintained in accordance with the approved landscape plan.” Carried. 6.a.Poverty and Homelessness Advocacy Messrs. Julian Ichim and John Cluney expressed thanks for the way in which City staff handled this past summer’s tent city in Victoria Park. Additionally, they shared comments on the topics of poverty and the need for greater advocacy with respect to the issue of homelessness in Waterloo Region. 6.b. Tenders Ms. Michelle Palmer, Director of Supply Services, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That Expression of Interest E16-070 Consultant Services - Oxford Street (Elizabeth Street to Arnold Street), Bond Street (Union Street to Elizabeth Street) and Elizabeth Street (Oxford Street to Lancaster Street West) Reconstruction, be awarded to WSP Canada Inc., Cambridge, Ontario, at their corrected estimated fee of $286,830.50, including contingencies of $26,075.50 plus H.S.T. of $37,287.97, for a total of $324,118.47, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Expression of Interest E16-078 Consultant Services – Ottawa-Trussler Sewage Pumping Station and Sanitary Forcemain, be awarded to AECOM Canada Ltd., Kitchener, Ontario, at their estimated fee of $428,960.40, including contingencies of $38,996.40, plus H.S.T. of $55,764.85, for a total of $484,725.25, based on a satisfactory contract being negotiated and an upset fee being established.” - and - COUNCIL MINUTES SEPTEMBER 26, 2016 -162 - CITY OF KITCHENER “That Expression of Interest E16-073 Consultant Services – 2016 Bridge Inspection (City of Kitchener – 121 Bridges), be awarded to AECOM Canada Ltd., Kitchener, Ontario, at their estimated fee of $79,750., including contingencies of $7,250., plus H.S.T. of $10,367.50, for a total of $90,117.50, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Expression of Interest E16-076 Consultant Services – Shantz Lane Reconstruction (Weber Street East to Ross Avenue), be awarded to WSP Canada Inc., Cambridge, Ontario, at their corrected estimated fee of $148,802.50, including contingencies of $13,527.50 plus H.S.T. of $19,344.33, for a total of $168,146.83, based on a satisfactory contract being negotiated and an upset fee being established.” - and - “That Proposal P16-083 Supply Two (2) Used Motor Graders, Year 2004 or Newer, be awarded as follows; Unit “A” be awarded to 798826 Ontario Inc. o/a Tri City Equipment, Guelph, Ontario; a their proposed price of $129,000., plus H.S.T. of $16,770., for a total of $145,770.; and, Unit “B” be awarded to Toromont Cat, Cambridge, Ontario, at their proposed price of $92,800., plus H.S.T. of $12,064., for a total of $104,864.” - and - “That Tender T16-090 Snow and Ice Removal Equipment Supply and Installation, be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $179,200., plus H.S.T. of $23,296., for a total of $202,496.” Carried. 7. COMMITTEE REPORTS – COMMUNITY AND INFRASTRUCTURE SERVICES Moved by Councillor K. Galloway-Sealock Seconded by Councillor D. Schnider “That the report of the Community and Infrastructure Services Committee be adopted.” Councillor J. Gazzola requested that Clause 7 of the Committee report related to the City Hall Outdoor Spaces Master Plan be voted on separately on a recorded vote. Councillor Y. Fernandes requested that each paragraph contained in Clause 7 be voted on separately. Clause 7, Paragraph 1 - Carried Unanimously on a recorded vote. Clause 7, Paragraph 2 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh, F. Etherington and Z. Janecki. Contra: Councillor J. Gazzola. COUNCIL MINUTES SEPTEMBER 26, 2016 -163 - CITY OF KITCHENER Clause 7, Paragraph 3 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, B. Ioannidis, S. Marsh, P. Singh and F. Etherington. Contra: Councillor Y. Fernandes, J. Gazzola and Z. Janecki. Clause 7, Paragraph 4 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh, F. Etherington and J. Gazzola. Contra: Councillor Z. Janecki. Clause 7, Paragraph 5 - Carried Unanimously on a recorded vote. Balance of report – Carried. 7. COMMITTEE REPORTS – FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor S. Marsh “That the report of the Finance and Corporate Services Committee be adopted.” Councillor J. Gazzola requested that Clause 4 of the Committee report related to the Provincial Cap and Trade program be voted on separately on a recorded vote. In response to questions, Ms. C. Fletcher, Interim Executive Director – Infrastructure Services, advised a report is anticipated to be brought forward in early January 2017 providing further details on the provincially mandated Cap and Trade Program. She acknowledged the establishment of the reserve funds outlined in Paragraph 2 of Clause 4 of the Committee report could potentially be deferred until that time. She indicate the intent of the reserve funds is to balance some of the potential volatility of the program and associated rates for carbon credits, adding that combining this with existing reserves would be very difficult to manage. A motion was brought forward by Councillor S. Davey, seconded by Councillor P. Singh, to defer consideration of Paragraph 2 of Clause 4 until the October 3, 2016 Finance and Corporate Services Committee meeting to allow time for staff to provide information regarding the need for establishing the proposed reserve funds. Councillor Davey’s deferral motion was voted on and was Carriedon a recorded vote, with Mayor B. Vrbanovic and Councillors Z. Janecki, D. Schnider, P. Singh, S. Davey, S. Marsh, B. Ioannidis, F. Etherington and Y. Fernandes voting in favour; and, Councillors K. Galloway-Sealock and J. Gazzola voting in opposition. The Committee report was then voted on clause by clause. Clause 4, Paragraph 1 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. COUNCIL MINUTES SEPTEMBER 26, 2016 -164 - CITY OF KITCHENER Galloway-Sealock, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh, F. Etherington and J. Gazzola. Contra: Councillor Z. Janecki. Clause 4, Paragraph 3 – Carried on a recorded vote. In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, B. Ioannidis, S. Marsh, P. Singh, F. Etherington and J. Gazzola. Contra: Councillor Z. Janecki. Balance of report – Carried. 8. UNFINISHED BUSINESS – 8.a. Pioneer Tower Road Sidewalk A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to direct staff to notify affected citizens and proceed with the installation of Option 1a (obtain the necessary lands from 88, 98, and 110 Pioneer Tower Road and install concrete sidewalk from the existing sidewalk in front of 88, 98 and 110 Pioneer Tower Road), as part of the 2017 sidewalk infill program, outlined in Infrastructure Services Department report INS-16-078 listed as Item 8.a. Unfinished Business. Responding to questions regarding the reasons a sidewalk was not constructed in the subject area, Mr. J. Willmer, Chief Administrator, indicated the sidewalk located to the east of 88 Pioneer Tower Road was constructed as part of a plan of subdivision; similarly, the one located to the west of 110 Pioneer Tower Road was also a condition of a different plan of subdivision. He added constructing a sidewalk in front of the three subject properties was never a requirement of any previous plan of subdivision. Council debated the merits of the four options outlined in Report INS-16-078, with several members indicating they would be inclined to support Option 3 to install a concrete sidewalk at a substandard width of approximately 0.9m around the existing tree and within the current right of way. Councillor J. Gazzola agreed to withdraw his motion proposing the enactment of Option 1a. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to direct staff to notify affected citizens and proceed with the installation of Option 3 as part of the 2017 sidewalk infill program. A recorded vote was requested. Moved by Councillor J. Gazzola Seconded by Councillor Y. Fernandes “That staff be directed to notify affected citizens along Pioneer Tower Road and proceed with the installation of Option 3 \[install concrete sidewalk at a substandard width (approximately 0.9m) around the existing tree and within the current right of way\], as part of the 2017 sidewalk infill program, as outlined in Infrastructure Services Department report INS-16-078.” In Favour: Mayor B. Vrbanovic and Councillors S. Davey, D. Schnider, K. Galloway-Sealock, Y. Fernandes, Z. Janecki, S. Marsh, P. Singh, F. Etherington and J. Gazzola. Contra: Councillor B. Ioannidis. Carried. COUNCIL MINUTES SEPTEMBER 26, 2016 -165 - CITY OF KITCHENER 9. NEW BUSINESS – Promoting Physical Activity on Roadways Councillor K. Galloway-Sealock advised she wished to introduce a motion and requested the requirements for giving Notice of Motion be waived. Moved by Councillor K. Galloway-Sealock Seconded by Councillor B. Ioannidis “That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, the requirement for a Notice of Motion be waived to permit consideration of changes to the City’s Uniform Traffic By-law to authorize physical activity on roadways.” Carried, with the required 2/3 vote of the whole of Council. A motion was brought forward by Councillor K. Galloway-Sealock, seconded by Councillor S. Davey, to direct City staff to report back regarding possible amendments to the City’s Uniform Traffic By-law to permit road hockey, basketball and other types of physical activities on roadways. Responding to questions, Mr. M. May, Deputy CAO – Community Services, indicated documentation of complaints about sports being played in roadways began in 2008, and since that time By-law Enforcement staff has never laid a charge. He stated the approach is to work with the group who is playing and if they are adhering to the rules of the road and moving for traffic, staff is not concerned. He added this provision is in place for those rare situations when someone is being uncooperative. He noted it could be difficult to accommodate the development of the requested report given the number of items already on the By-law Enforcement Division work plan. Councillor Y. Fernandes advised she investigated this matter earlier this month in response to the letter from the Minister of Children and Youth Services, which encouraged municipalities to abolish the ban on road hockey. She added staffs’ current approach appears to be effective and staff has been working well with the public on this issue. Council agreed to revise Councillor K. Galloway-Sealock’s motion to include a provision that staff maintain the current practice of non-enforcement and report back on this matter within a reasonable timeframe. Moved by Councillor K. Galloway-Sealock Seconded by Councillor S. Davey “That staff maintain its current practice not to enforce the current Uniform Traffic By-law 2007- 138 prohibiting sports on roadways; and further, That staff be directed to report back in a reasonable timeframe on the City’s policies around activities on roadways such as road hockey, basketball and other types of physical activities, with the focus of the report to include within the existing policies / by-laws a view for allowing these to be permitted uses on roadways, where safe to do so.” Carried. 10. QUESTIONS AND ANSWERS – NIL 11. BY-LAWS (FIRST READING) – Council agreed to the request of Ms. C. Tarling, City Clerk, to add an additional by-law for three readings this date regarding a zoning amendment by-law for lands on Queen Street South, listed as Clause 1 of the Planning and Strategic Initiatives Committee report. Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES SEPTEMBER 26, 2016 -166 - CITY OF KITCHENER a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By-law No 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. d. Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. e. Being a by-law to amend Chapter 739 of the City of Kitchener Municipal Code with respect to Fireworks and Firecrackers. f. Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. g. Being a by-law to provide for the establishing and laying out of part of Grand Flats Trail and Rivertrail Avenue as public highways in the City of Kitchener. h. To confirm all actions and proceedings of the Council. i. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Polocorp Inc. and Barra on Queen Inc. – 399-411 Queen Street south & 168-180 Benton Street. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. 12. COMMITTEE OF THE WHOLE - On motion, Council resolved itself into the Committee of the Whole to consider its agenda and Mayor B. Vrbanovic appointed Councillor D. Schnider as Chair. On motion, Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor D. Schnider Seconded by Councillor B. Ioannidis “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. 14. BY-LAWS (THIRD READING) - Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That the by-laws be given third reading, namely: a. To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2016-087) COUNCIL MINUTES SEPTEMBER 26, 2016 -167 - CITY OF KITCHENER b. To further amend By-law No 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2016-088) c. To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2016-089) d. Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2016-090) e. Being a by-law to amend Chapter 739 of the City of Kitchener Municipal Code with respect to Fireworks and Firecrackers. (By-law No. 2016-091) f. Being a by-law to provide for the widening of part of Huron Road as a public highway in the City of Kitchener. (By-law No. 2016-092) g. Being a by-law to provide for the establishing and laying out of part of Grand Flats Trail and Rivertrail Avenue as public highways in the City of Kitchener. (By-law No. 2016-093) h. To confirm all actions and proceedings of the Council. (By-law No. 2016-094) i. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Polocorp Inc. and Barra on Queen Inc. – 399-411 Queen Street south & 168-180 Benton Street. (By-law No. 2016-095) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:13 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 26, 2016 -168 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That the existing three (3) speed cushions, two (2) raised crosswalks and one (1) intersection improvement be maintained permanently on Morrison Road between King Street East and Sims Estate Drive, as outlined in Infrastructure Services Department report INS-16-072. 2. That the Uniform Traffic By-law be amended to prohibit parking at any time on the east (odd- numbered side) of Inlet Avenue between Owen Avenue and Hickson Drive, as outlined in Infrastructure Services Department report INS-16-069. 3. That the Uniform Traffic By-law be amended to extend the ‘No Parking Anytime’ regulation on the south (odd-numbered side) of Joshua Street from a point 66 metres north of Brisbane Drive easterly to Fallowfield Drive, as outlined in Infrastructure Services Department report INS-16- 070. 4. That the commission and installation of artwork at Bridgeport Community Centre, titled “Pieces of Light”, be approved as outlined in Chief Administrator’s Office report CAO-16-024; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Natalie Hunter outlining the obligations of the community centre public art commission. 5. That the existing three (3) speed humps and two (2) raised crosswalks be maintained permanently on Country Hill Drive between Block Line Road and Century Hill Drive, as outlined in Infrastructure Services Department report INS-16-065. 6. That Community Services Department report CSD-16-058 Kitchener Growth Management Strategy – 2016 Annual Monitoring Report be received for information; and further, That Report CSD-16-058 be submitted to the Regional Municipality of Waterloo in fulfilment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Region regarding delegated approval authority. 7. That the City Hall Outdoor Spaces Master Plan dated September 2016 be received; and, That the redevelopment of City Hall outdoor spaces to address critical infrastructure repairs (e.g., surface concrete, trench drains, parking garage structure and underlying membrane) which are reaching the end of their life cycle and represent health, safety and accessibility deficiencies be considered the first priority; and, That the replacement of the ice rink, fountain and stage be included in the funding and implementation strategy, recognizing there are cost and design efficiencies to complete this work concurrently with critical infrastructure replacements; and, That all remaining infrastructure and functionality improvements, such as upgraded site lighting, landscaping and shade infrastructure, be deferred subject to funding availability; and further, That staff be directed to develop a multi-year funding and implementation strategy, including capital and operating funding requirements, recognizing that full implementation of this plan is dependent on potential partnerships with federal, provincial and private sector partners, as outlined in Infrastructure Services Department report INS-16-066. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the Mayor and Clerk be authorized to execute an agreement to operate public parking at 194 King Street East with the new owner, 2425754 Ontario Ltd., subject to the satisfaction of the City Solicitor, as outlined in Infrastructure Services Department report INS-16-071. COUNCIL MINUTES SEPTEMBER 26, 2016 -169 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 2. That the Mayor and Clerk be authorized to execute a one year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario to undertake the Youth Skills Connections program, to be delivered by the Kitchener Waterloo Region Small Business Centre, as outlined in Chief Administrator’s Office report CAO-16-022. 3. That the corporate policies listed in the revised Appendix ‘A’, dated September 7, 2016, be approved as “Council” policies or “Administrative” policies, as indicated. 4. That staff be directed to develop a detailed utility strategy for Ontario’s new Cap and Trade Program and report back in early 2017; and, That consideration of the following clause be deferred to the October 3, 2016 Finance and Corporate Services Committee meeting to allow time for Finance staff to clarify the need for establishing separate reserve funds for the Cap and Trade program: That a new stabilization and capital reserve fund be created to mitigate rate volatility and fund capital projects relating to the Cap and Trade program, as outlined in Appendix ‘C’ of Infrastructure Services Department report INS-16-067; and further, That staff be directed to advocate for Kitchener Utilities to gain access to the Provincial Green Investment Fund of $1.9B annually from the Cap and Trade Program to help reduce greenhouse gas emissions in the City of Kitchener. (Carried, as Amended) PLANNING AND STRATEGIC INITIATIVES COMMITTEES – 1. That Zone Change Application ZC13/10/Q/GS for Polocorp Inc. and Barra on Queen Inc. for the purpose of changing the zoning of the subject properties from Existing Use (E-1), Low Intensity Mixed Use Corridor (MU-1), and Commercial Residential Two (CR-2) to Low Intensity Mixed Use Corridor (MU-1) and Commercial Residential Two (CR-2) with site specific special provisions be approved generally in the form shown in the “Proposed By-law” dated August 10, 2016, attached to Community Services Department report CSD-16-060 as Appendix “A”; and further; That Planning Staff and the Applicant work together to revise the “Proposed By-law” dated August 10, 2016, attached to Report CSD-16-060 as Appendix “A” to include language which further regulates driveway connections to Benton Street and off-street parking spaces between the semi-detached and street-fronting townhouse dwelling units and the Benton Street streetline. (Dealt with under Delegations) HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2016-IV-006 as amended to permit construction of a detached single-car garage on the property municipally addressed as 10 Sims Estate Place, be approved in accordance with the plans and supplementary information submitted with the amended application and subject to the following condition: 1. That the final building permit drawings be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a building permit. (Dealt with under Delegations) COUNCIL MINUTES SEPTEMBER 26, 2016 -170 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2.FCS-16-147 – Potentially Dangerous Dog Designation Appeal - Estrada Council considered Finance and Corporate Services Department report FCS-16-147 (D. Livingstone), dated September 8, 2016 It was resolved: “That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. B. Estrada, Ms. C. Estrada and Mr. E. Estrada, wherein the Committee confirms the Potentially Dangerous Dog Designation applied to their dog ‘Dolce’ and modifies the conditions for the keeping of said dog, be ratified and confirmed.” 3. FCS-16-155 – Fence Variances Council considered Finance and Corporate Services Department report FCS-16-155 (D. Saunderson), dated September 20, 2016. It should be noted that Submission No. FN 2016-006 was dealt with under Delegations. It was resolved: “That the application of David and Alyanne Colyn (FN 2016-005 – 87 Stanley Avenue) requesting permission to legalize a wood fence having a height of 1.8m (6’) located 0.6m (1.968’) from the lot line abutting Tagge Street rather than the required 1.5m (4.92’), on Lot 97, Plan 1773, 87 Stanley Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and obtain approval of a Landscape Plan from the City’s Director of Planning. The landscape plan shall show landscaping to be installed between the fence and the side lot line abutting Tagge Street. All landscaping shall be completed by May 31, 2017 and shall be maintained in accordance with the approved landscape plan.” 4. FCS-16-157 – Exemption from c.408 of the Municipal Code (Animals) Council considered Finance and Corporate Services Department report FCS-16-157 (J. Sheryer), dated September 26, 2016. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor, granting an exemption from section 408.2.11 of Chapter 408 of The City of Kitchener Municipal Code to a resident of the City allowing the keeping of a service animal in the City provided the conditions set out in this report FCS -16-157 are complied with.” COUNCIL MINUTES SEPTEMBER 26, 2016 -171 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5. CAO-16-028 – 220 King Street West Council considered Chief Administrator’s Office report CAO-16-028 (R. Regier), dated September 16, 2016. It was resolved: “That the Mayor and Clerk be authorized to execute a lease extension with the owner of Open Sesame: Art, Books and Objects, for space at City Hall municipally known as 220 King Street West, with said agreement to be satisfactory to the City Solicitor.” 6.Tag Day Request – Navy League of Canada, K-W Branch Council considered correspondence dated August 31, 2016 from J. Gould, Fundraising Chair, Navy League of Canada, K-W Branch, requesting permission for the Royal Canadian Sea Cadet Corps WARSPITE to conduct Tag Days on October 29-30. It was resolved: “That the request of the Navy League of Canada, K-W Branch on behalf of the Royal Canadian Sea Cadet Corps WARSPITE to conduct Tag Days on October 29 and 30, 2016 at various malls, grocery stores and restaurant entrances, as outlined in correspondence from J. Soehner, be approved.”