Loading...
HomeMy WebLinkAboutCouncil - 2012-06-25COUNCIL MINUTES JUNE 25, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of “O Canada” by Paressa Kousari, King School of Vocal. On motion by Councillor Z. Janecki, the minutes of the regular meeting held June 11, 2012 and special meetings held June 11 & 18, 2012, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, a pecuniary interest was disclosed at the in-camera meetings of City Council held June 18 & 25, 2012 by Councillor B. Ioannidis in respect to a matter subject to solicitor-client privilege. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, a pecuniary interest was disclosed at the in-camera meeting of City Council held June 25, 2012 by Councillor P. Singh in respect to a matter subject to solicitor-client privilege. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Honourable J. Milloy, MPP, Government House Leader, was in attendance to present Mayor C. Zehr with the Queen Elizabeth II Diamond Jubilee Medal, which pays tribute to outstanding citizens. Ms. R. Bunn, CIO / Executive Director, Integrated Planning Centre of Excellence, presented the ‘Excellence in Municipal Systems – IT Best Practice Award’ recently awarded to The City of Kitchener by the Municipal Information Systems Association (MISA). Mr. J. Willmer, Chief Administrative Officer, accepted the award on behalf of the Corporation. Mr. Chris Hyde and Ms. Tristan Wilkin, Compass Kitchener, presented details of the 2011 Compass Kitchener Report Card to Citizens, which was compiled based on a multitude of stakeholder and staff feedback. The Report Card measures the City's progress over the four-year term of the current Council and reflects success in addressing the communities priorities outlined within the City of Kitchener’s Strategic Plan. The delegates highlighted the six community themes and the grades assigned to each group, being: Quality of Life; Downtown; Diversity; Leadership and Engagement; the Environment; and, Development. It was noted that the City was close to or exceeded performance for all six themes. Mr. Michael Bean was in attendance in support of the Committee of Adjustment Submission No. FN 2012-004 recommending approval of a variance to Municipal Code Chapter 630 (Fences) to permit the construction of a stepped down fence at 154 Ann Street, listed as Item 4 on the Committee of the Whole agenda. Responding to questions, Mr. Bean advised that the proposed fence is intended to address concerns related to his neighbour’s dogs and the number of cars that are frequently parked at neighbouring properties. He added that Planning staff has indicated the variance would not pose a traffic visibility concern. Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That the application of Michael Bean (Submission No. FN 2012-004) requesting permission to construct a stepped down fence adjacent to both side lot lines, having a height of 1.8m (5.9’) from the corners of the house and the garage to a point “A” being 10.6m (34.78’) from the front lot line; a height of 1.5m (4.93’) from point “A” to a point “B” being 7.8m (25.59’) from the front lot line; a height of 1.2m (3.94’) from point “B” to a point “C” being 5m (16.4’) from the front lot line; rather than the permitted height of 0.9m (2.96’), on Part Lot 41, Plan 42, 154 Ann Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved shall be in accordance with the drawings submitted with Fence Variance Application, Submission No. FN 2012-004.” Carried. Ms. Jennifer Colacrai and Mr. Tom Platt were in attendance in support of staffs’ continuing efforts to address the concerns of the residents of Highbrook Street regarding the noise emanating from AutoBahr and Byma’s Tire, which are located at 1170 Fischer Hallman Road. COUNCIL MINUTES JUNE 25, 2012 167CITY OF KITCHENER - - Mr. S. Turner, Director of By-law Enforcement, provided an overview of what has transpired since the June 11, 2012 Council meeting, advising that a meeting will be held between the residents and the acoustical engineers to discuss possible measures for moving forward. He added that the representative for the property owner has agreed to meet with their tenants, AutoBahr and Byma’s Tire, to see what alterations they may be willing to implement and the possibility of engaging their own noise experts. He stated that if the business owners are willing, it is staffs’ intention to have the acoustical engineers meet with them first and then the area residents. He noted that staff has committed to have these meetings by the end of July 2012. In response to questions, Mr. Turner confirmed that staff will examine all options and costs to reduce the level of noise, which may include: enclosing the industrial vacuum units; installation of baffling; and, keeping the rear-bay doors closed. Moved by Councillor P. Singh Seconded by Councillor B. Vrbanovic “That staff be directed to investigate all noise mitigation options and report back with costs to potentially address the issues raised by the residents of Highbrook Street relative to the automotive repair businesses operating at 1170 Fischer Hallman Road.” Carried. Council then considered Community Services Department report CSD-12-103 (T. Beckett) listed as Item 7 (b) under Unfinished Business regarding potential amendments to Municipal Code 711 (Burning - Fires - Open Air) to further regulating open air burning. Ms. Pat Schneider was in attendance and provided Council with an information package requesting that consideration be given to prohibiting open air fires within municipal boundaries. She reviewed the circulated materials, which included a list of carcinogens that are released into the air as a result of burning wood. She commented that currently Fire Services or By-law Enforcement staffs determine if the smoke from a backyard fire is causing a nuisance for the surrounding neighbours. She stated that all smoke, regardless of the amount, can be harmful to one’s health; and therefore, it should not be left up to a subjective determination. She suggested that those people who want to enjoy a fire in their backyards could install a gas fire pit, which would not produce the same amount of harmful smoke. In response to questions, Ms. Schneider advised that while she would be disappointed if Council did not proceed with banning recreational backyard fires, she understands it may be necessary to conduct further public consultation on this matter. She indicated that she was not seeking a ban on the use of barbeques, as those do not pose the same health hazards as wood burning fires. She commented that if people wish to cook over a fire, they have the option of utilizing a campground; rather than their backyard. Mr. Christian Kaudewitz addressed Council in opposition to banning recreational backyard fires. He advised that typically, he has a fire in his backyard three to four times a year, to roast hot dogs and marshmallows with his grandchildren. He noted that he has never received a complaint regarding his fires and attributed this to only burning dry natural wood, which produces very little smoke. He agreed that anyone having a fire several nights a week is abusing the current system; however, this is no reason to ban everyone from having a fire. With respect to setbacks, he cautioned Council against establishing a system whereby only those people who have two-acre lots are able to enjoy recreational fires. He suggested changing the times when someone is allowed to have a fire to 7:00 p.m. to 11:00 p.m. and limiting the number of fires permitted per residence annually, would reduce the nuisance complaints received by the City. In response to questions, Mr. Kaudewitz advised that a permit system could be used to track the number of times a particular residence has a fire in a given year. He stated that he would not be amenable to the City charging a fee for said permit; but, he would be willing to pay it, if it meant he could continue to roast hot dogs with his grandchildren. Mr. Michel Lalonde attended in opposition to banning recreational backyard fire pits. He indicated that he lives in the Bridgeport area and it was his estimation that a majority of households there have fire pits. He stated that these kinds of recreational fires serve to bring people together and as long as it is not negatively impacting his neighbours, he should be allowed to have a fire in his backyard. He COUNCIL MINUTES JUNE 25, 2012 168CITY OF KITCHENER - - suggested that the City needs to educate the public on what is appropriate to burn and that if a fire is causing a nuisance then it should be extinguished. In response to questions, Mr. Lalonde spoke in opposition to limiting the number of fires someone could have in a year. He stated that his fires are rarely planned with people coming by unexpectedly; accordingly, he does not want any limits on when he can have a fire. He noted that there are health concerns associated with a multitude of things that people are exposed to everyday; however, the City does not ban everything that could potentially affect someone’s health. He commented that regardless of the regulations and / or ban that might be imposed, as long as it is not bothering his neighbours, he will continue to have fires in his backyard. Mr. Tom Roessler was in attendance, advising that he appeared before Council on May 14, 2012 and expressed concerns regarding his neighbour’s continual use of the wood burning stove in his garage / workshop. He stated that, at that time, it was indicated to him that staff would be following up on this issue, and he questioned what the status was of their investigation. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that information was provided to Mr. Roessler indicating that the City does not have jurisdiction and / or the authority to address his concerns. She stated that this issue is unrelated to open air burning, as it pertains to a situation involving a woodstove in an enclosed workshop. She added that the air quality concerns previously raised by Mr. Roessler need to be investigated by the Ontario Ministry of the Environment (MOE). She noted that she contacted the MOE, who informed her that they would not be pursuing charges through the Environmental Protection Act with respect to this matter. Mr. Reiumd Ertl attended to request that no changes be implemented with respect to the City’s existing open air burning regulations. He stated that most people have air conditioning and can go inside and close their windows if the smoke from his fire pit is bothering them. He asked that if his neighbour had an allergy to his garden, would the City require him to remove it, adding that it is inappropriate to prohibit all residents from having a fire, just because a small minority might be allergic to smoke. In response to questions, Mr. Ertl indicated that he might be amenable to limiting the use of backyard fire pits to only weekends and holidays. He estimated that if people were only allowed to have fires on weekends from June to September, then that is only 12 fires per year. He suggested that during those times, people with health concerns could plan to be out of town, or could go inside. Mr. Rob Graham addressed Council in opposition to a ban on backyard fires, advising that he has a safe, small fire pit on a cement pad, which produces very little smoke. He stated that his fire pit is a gathering place for neighbours and has eliminated the need for a cottage. He spoke in support of changing the times when someone is permitted to having a fire to 7:00 p.m. to 11:00 p.m., adding that he would be willing to participate on any Committee that Council might establish to further examine this issue. In response to questions, Mr. Graham advised that he would not be willing to pay a fee to obtain a permit to have a fire. He added that he has not received any complaints from his neighbours regarding his fire pit. He commented that additional enforcement is needed to mitigate any nuisance caused by smoke rather than a ban on all backyard fires. Mr. Ralph Doyle addressed Council in support of banning recreational fire pits. He stated that most of the homes in his Downtown neighbourhood have boilers, which means they cannot have central air conditioning. He stated that he has a neighbour whose fit pit is almost continually in use. He added that most mornings there are burnt pieces of paper and ash in his backyard due to his neighbour’s fire pit. He commented that he should be allowed to have his windows open during the summer without the possibility of his house filling with smoke. He referenced other municipalities that have enacted regulations to prohibit residential fire pits. He added that if his neighbours want to have a fire they should use propane, which does not produce smoke and ash. Mr. Joe Soulier addressed Council in support of maintaining the existing regulations governing the use of backyard fire pits. He suggested that as long as people burn clean dry wood, a fire should produce a minimal amount of smoke. He commented that if the existing regulations are enforced, then they are sufficient to address any concerns residents may have with people having fires in their backyards. COUNCIL MINUTES JUNE 25, 2012 169CITY OF KITCHENER - - Fire Chief T. Beckett provided an overview of this matter, advising that prior to 2006 the Fire Department annually responded to approximately 250 open air burning complaints, as there were no regulations in place municipally to govern the setting of those fires. He stated that most complaints pertained to smoke migration from a fire to the neighbour’s house or yard which becomes a nuisance issue rather than a safety concern. He pointed out that Chapter 711 allows By-law Enforcement staff to deal with nuisance situations, rather than sending out a Fire truck with four personnel to respond to these calls. He clarified that the Fire Protection and Prevention Act does not allow for a ban on open- air cooking fires, which are defined as small contained fires used to cook food on a grill or a barbecue. He stated that Chapter 711 currently only allows for the burning of brush and not manufactured materials, such as two-by-fours. He added that the regulations also call for outdoor fire pits to be located at a distance of not less than 5m from any building, structure, property line, tree, hedge, fence, roadway, overhead wire or other combustible article. He noted that fires are currently permitted from 7:00 a.m. to 11:00 p.m. Questions were raised as to whether the City has the ability to restrict the hours and the number of times per year that a resident is permitted to have an open air fire as well as enacting restrictions where neighbours have identified health issues. Ms. J. Sheryer, Assistant City Solicitor, advised that it was within the City’s purview to enact regulations governing permitted times; however, additional research would need to be conducted regarding the requirements that could be put in place to quantify an established health concern. She further clarified that, at present, a fee of at $72.33. is charged for a fire where a permit is required. Chief Beckett stated that this fee is currently charged for larger fires and requires a minimum setback of 20m. He noted that Option 2 outlined in Report CSD-12-103 proposes to have similar regulations apply to all open air burning, including backyard fire pits. Councillor B. Vrbanovic enquired if it would be possible to establish a process that would allow residents to go online and obtain a permit to have a fire. Chief Beckett advised that it might be possible, but staff would need to investigate how such a system would be implemented. He indicated that under the current permit process, staff inspects the site to ensure that it complies with the regulations set out in Chapter 711. He added that further consideration would need to be given to the staffing implications related to implementing a permit process for all small recreational fires. Clarification was requested regarding the number of complaints the City has received regarding open air burning. Mr. S. Turner indicated that there have been approximately 120 burning complaints so far this year. He estimated that 70% of those are unique, while 30% are from repeat reports. In response to further questions, Ms. Sheryer confirmed that the implementation of a minimum 20m setback would reduce the number of properties in the City that would be permitted to have a fire. She indicated that currently charges could be filed under the Provincial Offences Act for anyone found to be in non-compliance with Chapter 711. She added that an application could be made to the Province for approval of set fines, which would enable staff to issue a Provincial Offences ticket. Moved by Councillor S. Davey Seconded by Councillor K. Galloway “That Council go in-camera in order to receive advice subject to solicitor-client privilege regarding the enactment of further regulations governing open air burning.” Carried. The meeting then recessed at 9:38 p.m. and re-convened at 9:50 p.m., chaired by Mayor C. Zehr with all members present. A motion was brought forward by Councillor Vrbanovic, seconded by Councillor K. Galloway, to proceed with amending Municipal Code Chapter 711 to limit recreational fires to the hours of 7:00 pm to 11:00 pm and direct By-law Enforcement staff to respond to complaints on a priority basis. In addition, staff were directed to bring forward a draft by-law for consideration to the August 27, 2012 Council meeting on: the potential to limit the annual number of fires, other than open air burning under permit, per residence to six (6); creation of an online application process, with a proposed fee of $10. per fire; and, to expand the setback distance from 5m to 6m. Further direction was given for a report to be provided by year-end on the effectiveness of the changes to Chapter 711. COUNCIL MINUTES JUNE 25, 2012 170CITY OF KITCHENER - - Councillor P. Singh brought forward an amendment to Councillor Vrbanovic’s motion, which was accepted as friendly, to immediately change the setback distance from 5m to 6m. Councillors J. Gazzola, D. Glenn-Graham and Z. Janecki spoke in opposition to the proposed motion, indicating a preference to enact a complete ban on residential backyard fires. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway “That Municipal Code Chapter 711 (Burning - Fires - Open Air), be amended as follows: That fires, other than open air burning under permit, shall only take place between the hours of 7:00 pm to 11:00 pm; That the setback distance for fires, other than open air burning under permit, be expanded from 5 meters to 6 meters; and, That By-law Enforcement staff be directed to respond to complaints regarding possible violations of Municipal Code Chapter 711 on a priority basis; and, That staff be directed to bring forward a draft by-law for consideration to the August 27, 2012 Council meeting on the potential to further amend Municipal Code Chapter 711 to limit the annual number of fires, other than open air burning under permit, per residence to six (6) as well as the creation of an online application process, with a proposed fee of $10. per fire; and further, That staff be further directed to provide a report by year-end on the effectiveness of the changes to Municipal Code Chapter 711.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, K. Galloway, F. Etherington, Y. Fernandes, S. Davey and P. Singh Contra : Councillors D. Glenn-Graham, J. Gazzola and Z. Janecki. Carried. Mr. Glenn Scheels, GSP Group Inc., addressed Council in support of the draft Plan of Subdivision, Official Plan Amendment and Zone Change Application for the lands located at 1 Adam Street, listed as Clause 1 on the Planning and Strategic Initiatives Committee report. He advised that consideration of this matter was deferred to this date to allow time for City staff to explore several issues including a waiver of cash-in-lieu of parkland contribution. He stated that since the Committee meeting, an agreement has been reached in principle that the City would consent to the waiver in exchange for the developer assuming responsibility for the ongoing maintenance of the public park component for a minimum of 30 years. Mr. A. Pinard, Director of Planning, advised that in order to facilitate waiving the cash-in-lieu of parkland contribution, Paragraph 4 of Clause 1 on the Planning and Strategic Initiatives Committee report would need to be removed. Mr. Dave Linder addressed Council to request that consideration of the Adam Street re-development be deferred to allow for further public consultation regarding the removal of the Adam Street extension from the plan of subdivision. He stated that the development proposals presented at the Public Information Sessions in November 2011 and March 2012, both depicted the alignment of Adam Street as running from Margaret Avenue to St. Leger Street. He suggested that without the Adam Street extension, all traffic would have to exit the development onto St. Leger Street and expressed concerns with the impact that this would have on the surrounding neighbourhood. He commented that he only learned that Adam Street was not going to be extended, through an article published in a local newspaper this past week. COUNCIL MINUTES JUNE 25, 2012 171CITY OF KITCHENER - - Mr. Pinard confirmed that Adam Street was originally contemplated as extending through the subject lands; however, this connection was not proceeding as a portion of the lands required to make the street connection are privately held by a third party. He stated that a private street will be extended from St. Leger through the site to provide access to dwellings within the development. He added that Transportation Services has reviewed a revised Traffic Impact Study and found that the development could still function without the Adam Street extension. He noted that this was communicated in correspondence to area residents on June 5, 2012 and was outlined in the staff report that was presented at the June 18, 2012 Planning and Strategic Initiatives Committee meeting. Councillor P. Singh declared pecuniary interest as members of his family own property near the subject lands, and accordingly he did not take part in any discussion or voting regarding this matter. On motion by Councillor B. Vrbanovic, seconded by Councillor S. Davey, Clause 1 of the Planning and Strategic Initiatives Committee report was brought forward for consideration, save and except Paragraph 4 regarding the parkland dedication, which was removed to facilitate waiving the cash-in- lieu of parkland condition. Councillor Y. Fernandes expressed concerns that residents were not adequately informed about the changes to the project and indicated that she would not be supporting the proposed plan of subdivision. Councillor Z. Janecki advised that while he is supportive of the proposed redevelopment and intensification of 1 Adam Street, he expressed concerns with the extent of the reduction in parkland from the established formula of 5% or 1ha/300 residential units. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, an amendment was brought forward to Councillor Vrbanovic’s motion to require parkland to be dedicated at a rate of 0.5ha/300 residential units for the Adam Street re-development. LOST Councillor Janecki’s amendment was then voted on and on a recorded vote with Councillors Y. Fernandes, Z. Janecki and J. Gazzola voting in favour; and Mayor C. Zehr and Councillors D. Glenn- Graham, B. Ioannidis, K. Galloway, F. Etherington, S. Davey and B. Vrbanovic voting in opposition. Councillor P. Singh did not vote due to his previously declared pecuniary interest. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “That Clause 1 of the Planning & Strategic Initiatives Committee report, be adopted as amended.” Recorded Pecuniary Interest and Abstention: Councillor P. Singh as his family owns rental properties in the subject area. Carried Unanimously. Ms. Anna Boehnke addressed Council regarding Zone Change ZC 11/10/O/BB (Bill Boehnke Limited) for 324 Old Huron Road, listed as Clause 5 on the Planning and Strategic Initiatives Committee report. She stated that once the redevelopment is completed it is her intent to move into the heritage stone cottage located on Lot 7. She noted that she no longer objects to the creation of Lot 8 and looks forward to working with Heritage Kitchener to preserve the historic nature of the stone cottage. She added that it has taken a number of years to move this project forward and asked Council to approve the subject Zone Change application. In response to questions, Ms. Boehnke advised that the design of Lot 8 would be subject to maintaining the heritage vistas from the stone cottage. She added that she is sensitive to the issues involved with this development and is willing to accept the plan as it has been proposed. On motion by Councillor B. Vrbanovic, seconded by Councillor Z. Janecki, Clause 5 of the Planning and Strategic Initiatives Committee report was brought forward for consideration. COUNCIL MINUTES JUNE 25, 2012 172CITY OF KITCHENER - - A motion by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, was brought forward for consideration to amend Councillor Vrbanovic’s motion by removing Lot 8 from the draft plan of subdivision in order to preserve the heritage landscape of the stone cottage. LOST Councillor Fernandes’ amendment was then voted on and on a recorded vote, with Councillors Y. Fernandes, K. Galloway, Z. Janecki and J. Gazzola voting in favour; and Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, P. Singh, F. Etherington, S. Davey and B. Vrbanovic voting in opposition. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That Clause 5 of the Planning & Strategic Initiatives Committee report, be adopted.” A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, D. Glenn-Graham, J. Gazzola, Z. Janecki, F. Etherington, S. Davey and P. Singh. Contra : Councillors Y. Fernandes and K. Galloway. Carried. Ms. Jennifer Vos, Activa Group, attended in support of the recommendation contained in Infrastructure Services Department report INS-12-056 (B. Korah), regarding the initiation of the Class Environmental Assessment (EA) for the Laurentian Sanitary Pumping Station, listed as Item 4 on the Committee of the Whole Agenda. She advised that Activa has agreed to pay the costs associated with retaining a consultant to complete the EA, subject to entering into a Credit for Service Agreement with the City to recover those costs. Mayor C. Zehr and Councillor K. Galloway expressed disappointment with Activa’s attempt to initiate its own EA on this matter. Moved by Councillor D. Glenn-Graham Seconded by Councillor Z. Janecki “That Staff be directed to initiate a Class Environmental Assessment study for a new Laurentian Sanitary Pumping Station (Ottawa-Trussler area sewage facility) and related infrastructure to support the developments within the Laurentian West area; and further, That the Mayor and Clerk be authorized to enter into a Credit for Service agreement with Activa Holdings Inc., to the satisfaction of the City Solicitor, for the cost to complete the Environmental Assessment study for the Laurentian sanitary pumping station (Ottawa-Trussler area sewage facility), forcemain, and related infrastructure, once the cost of such study is determined.” Carried. Ms. Shirley Gosselin, Cherry Park Neighbourhood Association (CHNA), addressed Council indicating that in her opinion, Municipal Code Chapter 549 (Itinerant - Temporary Vendor Permanent - Temporary Markets) does not apply to CHNA’s Cherry Festival. She advised that recently the organizers were informed that a Temporary Retail Market Licence was required for this year’s Festival at a cost of $482.; while other events are exempt from paying this fee. She reviewed Chapter 549 and indicated that Section 549.1.5 provides a definition for Temporary Retail Markets, adding that Clause ‘C’ of that Section stipulates that this kind of market is defined as being held inside a building. She stated that while the other provisions of this Section do apply, the Cherry Festival is being held outside and therefore cannot be considered a Temporary Retail Market. In response to questions, Mr. R. Gosse confirmed that other events such as the Multi-Cultural Festival and Kitchener Blues Festival are exempt from having to obtain a Temporary Retail Market Licence, as they are deemed civic celebrations. He acknowledged that there is some discretion as to when this licence is required, noting that previous Cherry Festivals had a minimal number of vendors COUNCIL MINUTES JUNE 25, 2012 173CITY OF KITCHENER - - and were not required to obtain this licence. He indicated that a Temporary Retail Market is identified as a market where goods or services are sold by five or more vendors and in instances where the proceeds go to charity, the fees for this license can be reduced from $482. to $48.20. He advised that approximately 45 vendors will be operating at the Cherry Festival. He stated that the Special Events License fee was already reduced from $230. to $23. for the Cherry Festival, but as the vendors were identified as retaining all revenue it was determined that the Temporary Retail Market Licence would not be reduced. He cautioned against waiving this licence fee, as it could be seen as being discriminatory against the other groups who were required to pay it; such as, Bingemans, or the City of Kitchener. A motion was brought forward by Councillor F. Etherington, seconded by Councillor S. Davey, to provide a one-time reduction of the Temporary Retail Market Licence fee from $482. to $48.20. to the Cherry Park Neighbourhood Association for the 2012 Cherry Festival. Councillor K. Galloway expressed concerns with the discretion staff has to waive certain fees. Mr. D. Chapman, Deputy CAO, Finance and Corporate Services, agreed to have a report brought forward to a future meeting clarifying the application of Municipal Code Chapter 549. Moved by Councillor F. Etherington Seconded by Councillor S. Davey “That a one-time reduction of the Temporary Retail Market fee from $482. to $48.20, be approved to the Cherry Park Neighbourhood Association for the 2012 Cherry Festival.” Carried. Ms. Kendra Murphy, GSP Group Inc., was in attendance in support of Clauses 3 and 4 of the Planning and Strategic Initiatives Committee report regarding the Zone Change and Demolition Control applications for 439 Bridgeport Road. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki “That Clauses 3 and 4 of the Planning & Strategic Initiatives Committee report, be adopted.” Carried. Mayor C. Zehr advised that in accordance with Municipal Code Chapter 25.4.18 (Termination of Council Proceedings) the proceedings of Council on any day shall be terminated by midnight, unless such proceedings are continued after such hour with the unanimous consent of the members present. Moved by Councillor K. Galloway Seconded by Councillor P. Singh “That approval be given for this meeting of Council to continue past midnight.” Carried Unanimously. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. At the request of Councillor K. Galloway, Mr. D. Chapman agreed to provide a summary during Council’s Budget deliberations process of all tenders that were in a surplus or deficit position in 2012 as well as the associated funding sources for those tenders. Questions were raised regarding the financial information provided with respect to Proposal P10-070 (Automated Vehicle Location and Salt Management System (Cooperative), Mr. Gordon agreed to clarify and confirm the value of that tender. COUNCIL MINUTES JUNE 25, 2012 174CITY OF KITCHENER - - Moved by Councillor B. Ioannidis Seconded by Councillor D. Glenn-Graham “That additional funding be allocated to the Otto Street surface reconstruction project from the following sources: Downtown Improvements $30,720.00 Urban Design Improvements $50,000.00 Civic Centre Parking Garage $30,124.00 Transportation Services $37,511.00 Annual Road Resurfacing Program $5,800.00 Storm Water Utility $59,735.00 Centre in the Square $11,232.50.” - and - “That Tender T12-053 – Otto Street Reconstruction (Frederick Street to Queen Street), be Kieswetter Excavating Inc., Heidelberg, Ontario awarded to at their reduced scope tendered price of $700,433.95, including provisional items and contingencies of $89,695., plus H.S.T. of $91,056.41, for a total of $791,490.36.” - and - “That Tender T12-054 – Pandora Avenue (Weber Street East to East Avenue) Troy Street 2153592 Ontario (Pandora to 100 m West of Pandora) Road Reconstruction, be awarded to Limited o/a Elgin Construction, St. Thomas, Ontario at their corrected tendered price of $1,511,929.68, including provisional items and contingencies of $242,143.30, plus H.S.T. of $196,550.86, for a total of $1,708,480.54.” - and - McGillivray & Sons “That Tender T12-055 – Lateral Sewer Pipe Bursting, be awarded to Contractors Limited, St. Agatha, Ontario at their tendered price of $134,319., including provisional items and contingencies of $6,569., plus H.S.T. of $17,461.47, for a total of $151,780.47.” - and - “ That Proposal P10-070 Automated Vehicle Location & Salt Management System (Co- ESRI Canada Limited, Toronto, Ontario, operative), be awarded to at their proposed price of $134,917., for initial equipment installation, and $380,960.44, for a ten (10) year maintenance program, plus H.S.T. of $67,064.07, for a total of $582,941.50, for a ten (10) year period, with an option to renew for one (1) additional five (5) year term.” - and - “ That Quotation Q12-041 – LED Street Lighting – Queen St. South from Courtland to Charles, Guillevin International Co., London, Ontario, be awarded to at their quoted price of $18,320.00, plus H.S.T. of $2,381.60, for a total of $20,701.60.” Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Ioannidis “That the report of the Community & Infrastructure Services Committee be adopted.” Councillor S. Davey spoke to Clause 1, requesting that as part of the report anticipated to come forward in September / October 2012, regarding the online neighbourhood association program registration project, the possibility of eliminating City staffs’ involvement in the registration process should be investigated. COUNCIL MINUTES JUNE 25, 2012 175CITY OF KITCHENER - - Councillor K. Galloway advised that she was not supportive of removing staff from the registration process and expressed concerns with Paragraph 3, noting that she does not believe it is possible to expand the number of neighbourhood associations participating in the online registration project while not incurring any additional staff costs. Carried The report of the Community and Infrastructure Services Committee was then voted on and . Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee be adopted.” A motion was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, to amend Clause 1 to include Facilities Management - Building Maintenance and Operations - Administration on the list of Proposed Performance Indicators. LOST. Councillor Janecki’s amendment was then voted on and was A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Z. Janecki, to amend Clause 3 of the Committee report to have Councillors’ personal websites included as an eligible operating expense under Council Policy I-47 (Technology and Home Office Expenses - Mayor and Council) LOST Councillor Gazzola’s amendment was then voted on and on a recorded vote, with Councillors J. Gazzola and Z. Janecki voting in favour; and, Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, P. Singh, F. Etherington, S. Davey, K. Galloway, Y. Fernandes and B. Vrbanovic voting in opposition. The Finance and Corporate Services Committee report was then voted on clause by clause and was Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki That Clause 2 of the Planning & Strategic Initiatives Committee report, be adopted.” “ Carried . Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That the report of Heritage Kitchener be adopted.” Carried. Councillor Y. Fernandes circulated correspondence from the Cycling Advisory Committee regarding the Office of the Chief Coroner of Ontario’s report reviewing all accidental cycling deaths in Ontario from January 1, 2006 to December 31, 2010. She noted that the Committee is currently examining the findings of the Chief Coroner’s Office and intends to report on this matter in the Fall of 2012. Council agreed to the request of Mr. R. Gosse, City Clerk, to add five additional by-laws for three readings this date, relative to an Official Plan amendment and zone changes noted in Clauses 1, 3 & 5 of the Planning and Strategic Initiatives Committee report and an amendment to Chapter 711 of the Municipal Code regarding open air burning. Moved by Councillor J. Gazzola Seconded by Councillor P. Singh “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES JUNE 25, 2012 176CITY 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. (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 630 of The City of Kitchener Municipal Code with respect to fences. (f) Being a by-law to provide for the establishing and laying out of part of Foxglove Crescent as public highway in the City of Kitchener. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to adopt Amendment No. 93 to the Official Plan. (i) Being a by-law to amend 85-1, as amended, known as the Zoning By-law for The City of Kitchener – 1841362 Ontario Inc. – Adam Street. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for The City of Kitchener – David Julian – Lots 3 and 4, Plan 674. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for The City of Kitchener – Bill Boehnke Limited – 324 Old Huron Road. (l) Being a by-law to amend Chapter 711 of The City of Kitchener Municipal Code with respect to Open Air Burning. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor Z. Janecki as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. Moved by Councillor D. Glenn-Graham Seconded by Councillor P. Singh “That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2012-089) COUNCIL MINUTES JUNE 25, 2012 177CITY 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. 2012-090) (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. 2012-091) (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. 2012-092) (e) Being a by-law to amend Chapter 630 of The City of Kitchener Municipal Code with respect to fences. (By-law No. 2012-093) (f) Being a by-law to provide for the establishing and laying out of part of Foxglove Crescent as public highway in the City of Kitchener. (By-law No. 2012-094) (g) To confirm all actions and proceedings of the Council. (By-law No. 2012-095) (h) Being a by-law to adopt Amendment No. 93 to the Official Plan. (By-law No. 2012-096) (i) Being a by-law to amend 85-1, as amended, known as the Zoning By-law for The City of Kitchener – 1841362 Ontario Inc. – Adam Street. (By-law No. 2012-097) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for The City of Kitchener – David Julian – Lots 3 and 4, Plan 674. (By-law No. 2012-098) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for The City of Kitchener – Bill Boehnke Limited – 324 Old Huron Road. (By-law No. 2012-099) (l) Being a by-law to amend Chapter 711 of The City of Kitchener Municipal Code with respect to Open Air Burning. (By-law No. 2012-100) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 12:39 a.m. MAYOR CLERK COUNCIL MINUTES JUNE 25, 2012 178CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That subject to Council’s 2013 Operating budget deliberations, the online neighbourhood association program registration project be approved and its status amended from pilot to on- going, as outlined in Community Services Department report CSD-12-086; and, That the Deputy Chief Administrative Officer (CAO) of Community Services be authorized to develop a memorandum of understanding with participating neighbourhood associations, subject to the satisfaction of the City Solicitor; and, That staff be directed to expand the number of neighbourhood associations participating in the online program registration project in 2013, inclusive of, but not limited to the Country Hills Recreation Association, while not incurring additional staff resourcing costs and report back in September / October 2012 with options to potentially accelerate the timeframe for other interested neighbourhood associations as well as minimizing implementation costs; and further, That in subsequent years, the Deputy CAO of Community Services be authorized to execute amendments to the memorandum of understanding, including additions to participating neighbourhood associations, pending operating budget approval and subject to the satisfaction of the City Solicitor. 2. That Demolition Control Application DC12/13/K/ATP requesting permission to demolish one (1) single detached dwelling located at 504 Krug St, owned by Ana DaSilva, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within two years from the day demolition of the existing residential property is commenced, the Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 3. That the Uniform Traffic By-law, be amended to remove the existing January 1 - March 31 parking prohibition on Mount Hope Street between York Street and Eden Avenue, as outlined in Infrastructure Services Department report INS-12-050. 4. That the Uniform Traffic By-law, be amended to prohibit parking at any time on the inner curve (odd house number side) of The Country Way from a point 125 metres west of Old Country Drive to a point 41 metres west thereof, as outlined in Infrastructure Services Department report INS-12-051. 5. That the Uniform Traffic By-law, be amended to prohibit parking at any time on the north side of Fallowfield Drive from Block Line Road to a point sixty (60) metres west of Britton Place, as outlined in Infrastructure Services Department report INS-12-048. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Michael Saunders for a fundraising event to be held at 552 Hidden Valley Road on Saturday August 11, 2012, between the hours of 2:00 PM and 10:00 PM. 7. That the following roadways be designated on a temporary basis as twenty-four (24) hour heavy truck routes from July 3 through to August 10, 2012: • Homer Watson Boulevard from Ottawa Street to Hoffman Street; • Hoffman Street from Homer Watson Boulevard to Highland Road; • Highland Road from Hoffman Street to Stirling Avenue; and, • Stirling Avenue from Highland Road to Courtland Avenue. COUNCIL MINUTES JUNE 25, 2012 179CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 8. That Demolition Control Application DC12/12/C/MV requesting permission to demolish a duplex and single detached dwelling located at 122 and 126 Courtland Avenue East owned by C. Andronikou, be approved with the following condition: That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2-years from the day demolition of the existing residential property is commenced, the Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000. for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 9. That the Mayor and Clerk be authorized to execute agreements, subject to the satisfaction of the City Solicitor, with the Kitchener-Waterloo and North Waterloo Humane Society and the Corporation of the City of Waterloo, for the provision of animal control, pound, dog licensing, and animal by-law enforcement services, as well as the animal spay-neuter program. 10. That Community Services Department report CSD-12-061, regarding a City-initiated Zone Change with respect to the minimum distance separation regulations and definitions for Group Homes, be received for information; and, That staff be directed to commence drafting a proposed by-law to amend Group Home regulations and definitions in accordance with a general agreement of understanding between the Dream Team, the Human Rights Legal Support Centre and the City of Kitchener; and further, That the Statutory Public Meeting to discuss the proposed Zoning By-law amendments for Group Homes be scheduled for September 24, 2012. 11. That the Draft Transportation Master Plan prepared by IBI Group, dated May 2012, be received and released to the public for review and to provide comments and input to the City; and further, That staff be directed to report back to a future Community and Infrastructure Services Committee meeting in the winter of 2013 on the results of the public consultation and to seek final approval of the Transportation Master Plan. 12. That the Block Line Road Traffic Operations Analysis (Homer Watson Boulevard to Westmount Road) prepared by HDR Corporation, dated May, 2012, be approved; and further, That the necessary funding to implement the reconstruction be allocated from the Road Resurfacing program, the Cycling Master Plan program and the Development Charge Fund as outlined in the Financial Implications section of Infrastructure Services Department report INS- 12-042. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That Finance and Corporate Services Department report FCS-12-108 (2012 April Variance Report), dated May 30, 2012, be received for information; and, That staff be directed to provide monthly updates to Council on the indicators listed in Table 1 of Appendix A to report FCS-12-108; and further, COUNCIL MINUTES JUNE 25, 2012 180CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 1. (Cont’d) That staff be directed to review the resource requirements associated with providing monthly indicators, along with the value to Council of receiving the information, after twelve (12) months. 2. That the Terms of Reference for the Nominating Committee as attached to Finance and Corporate Services Department report FCS-12-119, be approved for the 2012 selection process; and further, That staff be directed to approach various community groups/agencies, such as the KW Community Foundation, Multi-Cultural Centre, KW United Way or any other like organizations to ascertain their interest in having a representative sit on the Nominating Committee with the intended goal to have such representatives form a permanent Nominating Committee going forward; and that staff report back on this matter prior to the 2014 selection process. 3. That amendments to Council Policies I-47 (Technology and Home Office Expenses-Mayor and Council) and I-25 (Council Expense Reimbursement and Reporting), as attached to Finance and Corporate Services Department report FCS-12-107, be approved. (Carried, as Amended) PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Official Plan Amendment Application OP12/01/A/KA (1841362 Ontario Inc., 1 Adam Street) requesting a change to Policy 3.11.9. be adopted, in the form shown in the Official Plan Amendment attached to Community Services Department report CSD-12-091 as Appendix “B”, and accordingly forwarded to the Region of Waterloo for approval; and, That Zone Change Application ZC11/11/A/KA (1841362 Ontario Inc., 1 Adam Street) for the purpose of changing the zoning from Community Institutional Zone (I-2), Residential Four Zone (R-4), Residential Six Zone (R-6), and Residential Eight Zone (R-8) with site specific provisions to Public Park Zone (P-1), Residential Six Zone (R-6) and Residential Eight Zone (R-8) with site specific provisions be approved in the form shown in the “Proposed By-law” dated May 15, 2012 attached to Report CSD-12-091 as Appendix “C”; and, That the Urban Design Brief, dated May 25, 2012 prepared by GSP Group, for 1 Adam Street, and attached to Report CSD-12-091 as Appendix “F”, be adopted; and, 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 2002-64, grant draft approval to Plan of Subdivision Application 30T-11203 in the City of Kitchener, for 1841362 Ontario Inc., subject to the conditions detailed in Report CSD-12-091. (Dealt with under Delegations, and Carried Unanimously on a recorded vote) 2. That the City-initiated amendment to Part B of the Urban Design Manual for the purpose of establishing corridor-specific design guidelines for the Fischer Hallman Road Mixed Use Corridor, be approved, in the form shown in the attached “Fischer Hallman Road Mixed Use Corridor Design Brief” attached as Appendix A to Community Services Department report CSD-12-096, with amendment to the following wording on page 7 of the Urban Design Brief: a. The first bullet under “Building Facades” – Commercial/Mixed Use Streetscape be replaced with “Encourage regular building openings for all facades addressing a street”; b. The second bullet under “Parking Location” be replaced with “Surface parking lots should not be permitted in the front yard or yard abutting a street and may be further regulated through the zoning; and, COUNCIL MINUTES JUNE 25, 2012 181CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – (CONT’D) 2. (Cont’d) That minor revisions to the Urban Design Manual be approved, as attached in Appendix B to Report CSD-12-096 and that pagination be adjusted accordingly; and, That the Fischer Hallman Road Mixed Use Corridor Design Brief be presented to Regional Council for use in the Region of Waterloo Road Environmental Assessment process for Fischer Hallman Road south of Bleams Road; and further, That staff conduct a financial implications analysis of enhanced streetscape options for Fischer Hallman Road design improvements (through the Rosenberg Community) and report back to a future Planning & Strategic Initiatives Committee meeting prior to any financial commitments over and above the baseline capital and operating budgets. 3. That Zone Change Application ZC12/04/B/AP (David Julien, 439 Bridgeport Road), for the purpose of changing the zoning from Residential Three Zone (R-3) to Residential Four Zone (R-4) with Special Regulation Provision 629R, in the form shown in the “Proposed By-law” dated May 10, 2012, attached to Community Services Department report CSD-12-090 as Appendix “A”, be approved. (Dealt with under Delegations and Carried) 4. That Demolition Control Application DC12/04/B/AP requesting permission to demolish one single detached dwelling, municipally addressed as 439 Bridgeport Road, owned by Will-O Homes (C.S.) Inc., be approved, subject to the following condition: That Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the semi-detached dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the Clerk may enter on the collector’s roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. (Dealt with under Delegations and Carried) 5. That Zone Change Application ZC11/10/O/BB (Bill Boehnke Limited, 324 Old Huron Road) requesting a change in zoning from Agricultural Zone (A-1) to Residential Six Zone (R-6), Residential Four Zone (R-4), Residential Four Zone (R-4) with special regulation provision 628R, Open Space Zone (P-2) and Hazard Land Zone (P-3) be approved in the form shown in the “Proposed By-law” dated May 10, 2012, attached to Community and Infrastructure Services Department report CSD-12-076 as Appendix B; and, That the Brigadoon Community Plan be amended to change the land use from Low Density Residential to Neighbourhood Park and to add a Local Road as shown on the attached Map 1 – Land Use Plan (Appendix C); and, That the Clerk proceed to publish the Notice of Intention to designate the property known as 324 Old Huron Road, pursuant to Section 29 of the Ontario Heritage Act; and further, 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 2002-64, grant draft approval to Plan of Subdivision Application 30T-11202, in the City of Kitchener, for Bill Boehnke Limited, subject to the conditions outlined in Report CSD-12-076. (Dealt with under Delegations and Carried on a recorded vote) COUNCIL MINUTES JUNE 25, 2012 182CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2012-IV-009 be approved to permit the repointing of the fieldstone foundation on all elevations of the building municipally addressed as 307 Queen Street South in accordance with the plans and supporting information submitted with the application for the Courtland Avenue elevation and subject to the following conditions: i. That an amended application be submitted to provide plans and supporting information for the remaining elevations of the building municipally addressed 307 Queen Street South; ii. That all specifications for repointing including the final mortar mix formula be submitted to Heritage Planning staff for review and approval prior to the preparation of the test panel; and, iii. That all test panels be reviewed and approved by Heritage Planning staff prior to repointing the fieldstone foundation on all elevations. COUNCIL MINUTES JUNE 25, 2012 183CITY 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.CAO-12-033 – Lease of 79 Joseph Street Council considered Chief Administrator’s Office report CAO-12-032 (R. Regier), dated June 19, 2012. It was resolved: “That the Mayor and Clerk be authorized to enter into a month-to-month lease agreement with Treehaus Collaborative Workspace for 79 Joseph Street, subject to the satisfaction of the City Solicitor.” 3.CSD-12-104 – Exemption to Chapter 450 (Noise) – KW Habilitation – 108 Sydney Street South Council considered Community Services Department report CSD-12-104 (S. Turner), dated June 19, 2012. It was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to KW Habilitation for a community fund raising event to be held at 108 Sydney Street South on Thursday June 28, 2012, between the hours of 5:30 PM and 8:30 PM.” 4.FCS-12-121 – Committee of Adjustment Variance – 154 Ann Street Dealt with under Delegations. 5.FCS-12-126 – Location for Meetings – August 2012 Council considered Finance and Corporate Services Department report FCS-12-126 (R. Gosse), dated June 18, 2012 recommending the August 2012 Standing Committee and Council meetings be held in the City Hall Rotunda due to the Council Chamber renovations. Councillor K. Galloway advised that she was not in support of the staff recommendation, suggesting that this is an opportunity to hold Council and Committee meetings in other parts of the City. She acknowledged that due to logistical issues related to staff availability, the August 13, 2012 Standing Committee meetings should be held in the City Hall Rotunda. A motion was brought forward by Councillor K. Galloway to hold the August 27, 2012 Council meeting at the Country Hills Community Centre. Councillor J. Gazzola expressed concerns with holding a Council meeting outside of City Hall. He recalled a previous incident when a Council meeting was held at Cameron Heights Secondary School and noted the following logistical issues that impeded that process; such as, need to transport audio / video system, available space to accommodate the public and a large number of delegations, as well as staff travel. COUNCIL MINUTES JUNE 25, 2012 184CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5.FCS-12-126 – Location for Meetings – August 2012 (Cont’d) LOST Councillor Galloway’s motion was then voted on and on a recorded vote with Councillors P. Singh, S. Davey, K. Galloway and Y. Fernandes voting in favour; and, Mayor C. Zehr and Councillors B. Vrbanovic, F. Etherington, Z. Janecki, J. Gazzola, D. Glenn-Graham and B. Ioannidis voting in opposition. On motion, Councillor J. Gazzola brought the recommendation contained in Report FCS-12-126 forward for consideration. Carried The following motion was voted on and on a recorded vote, with Mayor C. Zehr and Councillors F. Etherington, Z. Janecki, J. Gazzola, Y. Fernandes, P. Singh, D. Glenn-Graham and B. Ioannidis voting in favour; and, Councillors K. Galloway, B. Vrbanovic and S. Davey voting in opposition. It was resolved: “That the Standing Committee meetings scheduled for August 13, 2012 and the regular Council meeting scheduled for August 27, 2012, be held in the City Hall Rotunda.” 6.INS-12-056 – Laurentian Pumping Station – Commencement of Environmental Assessment Dealt with under Delegations. 7.FCS-12-127 – Encroachment Agreement – 205 Springmount Place Council considered Finance and Corporation Services Department report FCS-12-127 – (J. Sheryer), dated June 20, 2012. Carried The following motion was on a recorded vote with Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, P. Singh, F. Etherington, B. Ioannidis, K. Galloway and D. Glenn-Graham voted in favour and Councillors J. Gazzola, Y. Fernandes and Z. Janecki voted in opposition. It was resolved: “That subject to the property owners providing a sketch to the City, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owners and any mortgagee(s) of the property municipally known as 205 Springmount Pl. (PIN 22729-0210) to legalize an existing waterfall, brook, pond and landscaping which encroach approximately 30 square metres, more or less, on City parkland.” 8. FCS-12-128 – Encroachment Agreement – 76 Earl Street Council considered this date Finance and Corporate Services Department report FCS- 12-128 (J. Sheryer), dated June 19, 2012. Carried The following motion was on a recorded vote with Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, Y. Fernandes, P. Singh, F. Etherington, B. Ioannidis, K. Galloway and D. Glenn-Graham voted in favour and Councillors J. Gazzola and Z. Janecki voted in opposition. It was resolved: “That subject to final approval of a minor variance and to Staff obtaining all necessary approvals for the encroachments, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) COUNCIL MINUTES JUNE 25, 2012 185CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 8. FCS-12-128 – Encroachment Agreement – 76 Earl Street (Cont’d) and any mortgagee(s) of the property municipally known as 76 Earl St. (PIN 22421- 0049) to legalize proposed retaining walls, driveway, concrete walkway and sidewalk which encroach approximately 2.01m, more or less, on the City’s Argyle St. road allowance.”