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HomeMy WebLinkAboutCouncil - 2008-01-14COUNCIL MINUTES JANUARY 14, 200$ 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 Vanessa Witt, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held December 10, 2007 and special meetings held December 10, 14 & 17, 2007 and January 7, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola raised concerns with the amount of surplus dollars built into project estimates, suggesting these amounts would be better used toward decreasing the annual tax rate. Councillor Gazzola added that if savings are anticipated as a result of hiring new staffing, estimates for those savings should also be included within the budget. Mr. M. May, Director of Communications / Marketing agreed to report for Budget Day as to the need for a surplus of $29,000. relative to publication of the Leisure Magazine. Ms. P. Houston, General Manager of Financial Services & City Treasurer, agreed to look at inclusion in the 2008 Budget of the projected savings to be achieved as a result of the tender award for digital photocopiers. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T07-051, Emergency Support Rescue Vehicle, be awarded to Dependable Emergency Vehicles, Brampton, Ontario at their tendered price of $449,078.54, including G.S.T." -and- "That Tender T07-054, Supply, Installation and Servicing of Digital Photocopiers (Co- operative), be awarded to Toshiba of Canada Limited, Toronto, Ontario at their tendered price of $1,753,069.25, including G.S.T. & P.S.T., with OE Canada Inc., Waterloo, Ontario, as the service provider for sixty-two (62) months, with the City of Kitchener portion of this co- operative contract being $242,801.63, including G.S.T and P.S.T." -and- "That the City of Kitchener's portion of the County of Wellington Tender Ref. No. CW2007-050, Envelopes, be awarded to Supremex Inc., Etobicoke, Ontario for a one (1) year term at the estimated annual cost of $51,000., plus P.S.T. and G.S.T., with an option to renew for a further three (3) one-year terms." -and- "That Tender T07-095, Printing of City of Kitchener Leisure Magazine, be awarded to Sun Printing, Toronto, Ontario at their tendered price of $92,114.37, including G.S.T. and P.S.T., for a one (1) year term, with an option to renew for a further one (1) one-year term." -and- "That the City of Kitchener's portion of the City of Guelph Tender Ref. No. 07-126, Supply and Delivery of Entrance Mats, be awarded to Cintas Canada Limited, Guelph, ON for a one (1) year term at the estimated annual cost of $25,767.30, plus P.S.T. and G.S.T., with an option to renew for a further three (3) one-year terms." -and- "That Expression of Interest E07-093, Consultant Services -Development and Implementation Strategy for a Transportation Demand Management Program, be awarded to UrbanTrans Consultants, Denver, Colorado, USA in association with IBI Group, Kitchener at their COUNCIL MINUTES JANUARY 14, 200$ - 5 - CITY OF KITCHENER estimated fee of $52,500., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Messrs. Alex Pietrobon and William Greenwood, Millennium Choral Organization, attended in support of Clause 2 of the Community Services Committee report of this date, dealing with a grant request by the organization. Council considered this date a memorandum (R. Willms), dated January 10, 2008, relative to Clause 2 of the report, in which a list of choirs currently receiving grant funding from the City is provided; together with updated financial information of the Millennium Choral Organization. Councillor J. Gazzola advised that he could not support the grant request as the Choir's financial information shows a projected surplus at year end (June 2008). The delegation advised that donations to the group are below expected levels and with $4,000. in ongoing monthly expenses it is expected the surplus will be negated by year end unless assistance is provided. The delegation added that the group subsidizes the membership of approximately 10-12 persons per year. Councillor B. Vrbanovic and Councillor K. Galloway spoke in support of the grant request, commenting that the group decreased their original request by 50% and their request is in line with funding provided to other choirs. Mayor C. Zehr advised that he could not support the amount requested in light of the financial information received from the organization. Moved by Councillor K. Galloway Seconded by Councillor G. Lorentz "That Clause 2 of the Community Services Committee report of this date dealing with a grant request from the Millennium Choral Organization, be amended by deleting the deferral clause and replacing it with the staff recommendation contained in Community Services Department report CSD-08-004 to approve a $2,400. general provision grant to the organization." Carried. Mr. V. Labreche, Labreche Patterson & Associates Inc., attended on behalf of TDL Group Corp., operators of Tim Norton's Restaurants, in support of Clause 8 of the Development and Technical Services Committee report, dealing with a proposal to amend design guidelines for drive-throughs in Kitchener that would include clear priorities for pedestrian safety on drive-through sites. Council was circulated this date with a recommendation of the Environmental Committee, relative to Clause 8 of the Development and Technical Services Committee report, requesting approval of Alternative 4, as outlined in Development and Technical Services Department report DTS-08-006, rather than Alternative 2 being recommended in Clause 8. Mr. Labreche stated that he was aware of the Environmental Committee's recommendation, advising that evidence before the Ontario Municipal Board (OMB), provided in a study completed by RWDI Consulting Engineering & Scientists, offers scientific data which suggests drive-throughs produce no more pollutants than overall use of a motor vehicle itself. Councillor J. Gazzola referred to a peer review of RWDI's study and questioned if the City will receive a copy of the completed report. Mr. Labreche advised that the peer review is being conducted by the University of Ottawa Science & Engineering Faculty and it is anticipated to be completed by the end of February following which the peer review, together with RWDI's study, will be available to the City for review. Ms. Daphne Nicholls, resident, attended in support of the Environmental Committee's recommendation to approve Alternative 4. She raised concerns with respect to the impact of poor air quality on public health and asked that Council consider a ban on all new drive-throughs, as well as a COUNCIL MINUTES JANUARY 14, 200$ - 6 - CITY OF KITCHENER process to phase out existing facilities. Ms. Nicholls acknowledged that this will require a significant change to society's behavioural patterns but encouraged the City to lead by example. Ms. Yvonne Fernandes, Environmental Committee member, advised that one of the 55 recommendations contained in the City's Air Quality report is to investigate the feasibility of a ban on drive-throughs. She noted that the study conducted for Tim Norton's compares air quality around drive-throughs to emissions generated from idling vehicles at an abutting major road intersection and cautioned how the study should be perceived. Ms. Fernandes acknowledged that an independent peer review of the study is being conducted, advising that the Environmental Committee welcomes its review. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 8 of the Development and Technical Services Committee report of this date was brought forward for consideration to amend design guidelines in accordance with Alternative 2 dealing with pedestrian safety on drive-through sites. Councillor B. Vrbanovic suggested that this matter be deferred pending the City's evaluation of the peer review. Mayor Zehr questioned the impact of deferral in respect to providing staff with policy to deal with existing planning applications. Mr. J. Willmer, Director of Planning, advised that staff have requested direction to avoid undertaking work to create new design guidelines if ultimately it is Council's desire to consider a ban on drive-throughs. He suggested that staff could maintain current practice until receipt of the peer review or at minimum bring forward a recommendation to identify Council's intent to provide for pedestrian safety on drive-through sites through design guidelines as a priority. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Clause 8 of the Development and Technical Services Committee report of this date be amended to provide that prior to developing amended design guidelines for drive-throughs, staff report to the January 28, 2008 special Council meeting with a recommendation to deal with the principle of pedestrian safety on drive-through sites and an evaluation of the University of Ottawa's peer review of RWDI's study be undertaken in conjunction with results of public consultation on the City's Environmental Strategic Plan." Carried. Council considered this date a memorandum (D. Ross / J. Willmer), dated January 11, 2008, relative to Clause 6 of the Development and Technical Services Committee report, dealing with an independent peer review of all existing relevant environmental reports respecting Doon South Phase 2. Mr. J. Willmer advised that the Ministry of Natural Resources (MNR) has indicated a willingness to provide technical assistance on interpreting the natural resource values present in the subject area and a meeting has been scheduled with MNR for January 15, 2008. Staff provided a revised recommendation requesting direction to discuss with MNR the scope of their participation given their mandate to review and comment on environmental reports relating to Doon South; and to co-ordinate a peer review, if necessary. Mr. Willmer pointed out that MNR is the primary authority regarding threatened and endangered species, such as the Jefferson Salamander, and is better qualified to review those aspects of the Doon South Environmental Study. Ms. Yvonne Fernandes also attended in regard to Clause 6 of the Development and Technical Services Committee report. She advised that she was aware of the revised recommendation and while in agreement that it was important that MNR be responsible for a peer review, she raised concerns with their ability to complete a review prior to the OMB hearing. She suggested that it would be prudent to clarify Terms of Reference for MNR's involvement and asked that a field study be completed in addition to a paper review. Mr. J. Willmer advised that MNR is not obligated to do a field study and suggested it would be unreasonable to do given timing of the hearing. He added that any weaknesses identified by MNR in its review would go back to the original consultant and if more is required, it would be the responsibility of the applicant. COUNCIL MINUTES JANUARY 14, 200$ - 7 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development and Technical Services Committee report be amended by deleting the clause in its entirety and replacing it with the revised recommendation contained in a memorandum (D. Ross / J. Willmer), dated January 11, 2008, concerning an independent peer review of all existing relevant environmental reports respecting Doon South Phase 2." Carried. A representative of The Healing of the Seven Generations Outreach Program was in attendance in support of Clause 3 of the Community Services Committee report of this date, dealing with a grant request by the organization. Council was in receipt of a memorandum (M. Hildebrand), dated January 10, 2008, relative to this matter, outlining the 2008 projected budget for the Outreach Program. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 3 of the Community Services Committee report of this date be adopted." A recorded voted was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola Motion Carried. "That the report of the Development and Technical Services Committee be adopted. At the request of Councillor K. Galloway, it was agreed to amend Clause 9 of the report, dealing with the Hanson Avenue Extension Municipal Class Environmental Assessment Study report, to reference the renaming of Hanson Avenue to Lennox Lewis Way. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 6 & 8 -Dealt with under Delegations and Carried, as Amended. Clause 9 -Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Council considered additional information circulated this date relative to Clause 4 of the report, dealing with fees for removal of snow and /ice from sidewalks not completed by the abutting property owner. The information provides a breakdown of costs used to formulate the proposed fees. Councillor B. Vrbanovic inquired as to the feasibility of implementing a tiered fee system to accommodate a lesser charge for first time offences. Mr. J. Witmer, Director of Operations, advised that a notice is first given to alert the property owner of their obligation to clear the sidewalk and the objective of the fee is to achieve compliance on first notice. COUNCIL MINUTES JANUARY 14, 200$ - $ - CITY OF KITCHENER Mr. S. Turner, Director of By-law Enforcement, added that there is a low rate of repeat offenders, with the majority complying on first notice and he was of the opinion a tiered fee system would not be as effective. He noted that By-law Enforcement staff has discretion to review any charge laid and if circumstances warrant could reduce the charge applied. Councillor G. Lorentz supported the proposed fees, citing examples of persons susceptible to injury if sidewalks are not cleared. He suggested that most property owners not clearing the abutting sidewalk are chronic offenders and the fee should be appropriate to act as a deterrent. Councillor J. Gazzola inquired how the issue of large snow volumes resulting from snow plowing intersections adjacent to corner lots is being addressed. Mr. Witmer advised that staff is in the process of assessing corner lots as part of their strategic planning and a report will come forward later this spring. Mr. Turner added that if the snow is on the sidewalk, the abutting property owner will still have responsibility for its removal, while accumulations on the roadway will be assessed on a case- by-case basis and removed by Operations staff, if deemed necessary. Councillor C. Weylie supported the proposed fees, stating that those who do comply should not be penalized by those who do not. On motion by Councillor G. Lorentz, seconded by Councillor K. Galloway, it was agreed to amend Clause 4 of the report to delete the deferral clause and replace it with a recommendation to approve the fees as outlined in Community Services Department report CSD-08-002. The Community Services Committee report was then voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried, as Amended. Clause 3 - Dealt with under Delegations and Carried, on a recorded vote. Clause 4 -Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Audit Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That the report of the Environmental Committee be adopted." Carried. Councillor B. Vrbanovic advised that $1,000. of the 2007 Community Environmental Improvement Grant Program funding is recommended to be pro-rated to assist with a review of program criteria and promotional advertising for the 2008 grant program. At the request of Councillor K. Galloway, Councillor Vrbanovic agreed that consideration would be given to revising the grant criteria to require receipt of financial statements from grant applicants, in similar manner to that required of applicants for General Provision Grants. The Environmental Committee report was then voted on and Carried. Council considered Development and Technical Services Department report DTS-08-021 (T. Beckett - Addendum to DTS-07-141), dated January 8, 2008, listed under Unfinished Business on the Council agenda this date and recommending repeal and replacement of Council Policy I-1035 (Emergency Access and Multiple Unit Identification Signs). COUNCIL MINUTES JANUARY 14, 200$ - 9 - CITY OF KITCHENER Fire Chief T. Beckett advised that staff consulted with all area municipalities and the Waterloo Region Home Builders Liaison Committee and as a result, some minor modifications were made to the draft policy. He added that the Cities of Cambridge and Waterloo are undertaking similar enforcement of these matters. At the request of Fire Chief Beckett, it was agreed to amend Section 3.6 b) of the draft policy to change the word `measures' to `solutions' and the phrase `will provide equivalent life safety and hazard protection to affected occupants and buildings' to `will provide for increased life safety and hazard protection'. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Council Policy I-1035 (Emergency Access and Multiple Unit Identification Signs) be repealed and replaced with the Emergency Service Policy, as attached to Development & Technical Services Department report DTS-08-021 and as amended this date." Carried. Mayor C. Zehr commented on Regional issues, noting that the roundabout at Lancaster and Bridge Streets was unanimously supported by Regional Council. Mayor Zehr also clarified that discussions concerning the roundabout is a separate issue from that concerning licensing of the club known as the `Dollhouse'; the latter of which is under jurisdiction of the City's Licensing Section and is yet to be dealt with. Mayor Zehr then asked staff to comment on a letter received from the Region, dated December 14, 2007, concerning approval of a Winter Salt Management Program for private facilities and contractors. Mr. J. Witmer advised that staff is reviewing the Region's report (E07-113), noting that the program is geared toward private contractors using salt as a primary winter maintenance approach rather than plowing regularly. Mr. Witmer advised that the City already has a monitoring process for salt usage and the Region is pleased with what the City is doing. He stated that the Region's program for private facilities and contractors may benefit the City in respect to contractors plowing public property (eg. parking lots) and staff would bring forward a report at a future date. At the request of Mayor Zehr, Ms. C. Ladd, Chief Administrator, agreed to report to the January 28, 2008 Finance and Corporate Services Committee in respect to policy changes required to make provision for the new Provincial statutory holiday on February 18, known as `Family Day'. At the request of Councillor B. Vrbanovic, Ms. P. Houston, General Manager of Financial Services & City Treasurer, agreed to report to a future Finance and Corporate Services Committee meeting as to the City's practice and future plans for acquisition of hybrid vehicles for the Fleet Division. Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three readings this date, being a by-law to exempt certain lots from Part Lot Control on Huck Crescent. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. COUNCIL MINUTES JANUARY 14, 200$ - 10 - CITY OF KITCHENER (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 1 to 4, 7, 8 and 11 to 14, Registered Plan 58M-428; and Part of Lots 1 to 5, 8 to 10, 14 to 20, 23 to 28, and Part of Blocks 29 and 30, Registered Plan 58M-427 -Featherstone Street and Featherstone Crescent. (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (g) Being a by-law to provide for the establishing and laying out of part of Glasgow Street as a public highway in the City of Kitchener. (h) Being a by-law to exempt certain lots from Part Lot Control -Part Lot 21, Registered Plan 58M-327 -Joshua Street. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to exempt certain lots from Part Lot Control -Lot 13, Registered Plan 58M- 435 -Huck Crescent. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "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 K. Galloway Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2008-03) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-04) (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2008-05) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2008-06) COUNCIL MINUTES JANUARY 14, 200$ - 11 - CITY OF KITCHENER (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 1 to 4, 7, 8 and 11 to 14, Registered Plan 58M-428; and Part of Lots 1 to 5, 8 to 10, 14 to 20, 23 to 28, and Part of Blocks 29 and 30, Registered Plan 58M-427 -Featherstone Street and Featherstone Crescent. tBy-law No. 2008-07) (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-08) (g) Being a by-law to provide for the establishing and laying out of part of Glasgow Street as a public highway in the City of Kitchener. tBy-law No. 2008-09) (h) Being a by-law to exempt certain lots from Part Lot Control -Part Lot 21, Registered Plan 58M-327 -Joshua Street. (i) To confirm all actions and proceedings of the Council. tBy-law No. 2008-10) tBy-law No. 2008-11) (j) Being a by-law to exempt certain lots from Part Lot Control -Lot 13, Registered Plan 58M- 435 -Huck Crescent. tBy-law No. 2008-12) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:06 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 14, 200$ - 12 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That an all-way stop be installed at the easterly intersection of Marl Meadow Drive and Marl Meadow Crescent, and the Uniform Traffic Control By-law be amended accordingly; and further, That this all-way stop be reviewed in one year. 2. That an all-way stop be installed at the intersection of Block Line Road and Laurentian Drive, and the Uniform Traffic Control By-law be amended accordingly. 3. That on-street parking be prohibited at anytime on the north side of Dumfries Avenue from Stirling Avenue North to Krug Street, and the Uniform Traffic By-law be amended accordingly. 4. That the `Permit Only Parking' program be implemented on both sides of the following roadways in the Freeport Hospital area, • Lewis Crescent -Manor Drive (east leg) to a point 130 metres north thereof • Manor Drive -Morrison Road to a point 290 metres west thereof • Morrison Road -Grand River Boulevard to Manor Drive; and, That on-street parking be prohibited at anytime on the north side of Manor Drive from a point 65 metres south of Lewis Crescent to a point 30 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly. 5. That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 12:00 midnight with no re-parking within five (5) hours of initial parking on the south side of Joseph Street from a point 8 metres east of Richmond Avenue to a point 15 metres east thereof; and, That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 12:00 midnight with no re-parking within five (5) hours of initial parking on the south side of Joseph Street from a point 41 metres east of Richmond Avenue to a point 34 metres east thereof; and, That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 12:00 midnight with no re-parking within five (5) hours of initial parking on the north side of Joseph Street from a point 40 metres west of Ontario Street to a point 53 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. 6. WHEREAS the Environmental Committee in Corporate Services Department report CRPS-07- 152 has requested a peer review; and, WHEREAS the Ministry of Natural Resources (MNR) has the mandate to review plans / applications with respect to endangered or threatened species; NOW THEREFORE BE IT RESOLVED that City staff, along with Regional staff, continue to discuss with MNR staff the appropriate process for MNR staff to review and provide comment on the environmental documents submitted for the Doon South Phase 2 Community Plan, Official Plan Amendments, Zone Change Applications, and Plans of Subdivision, including any peer review determined necessary by the Ministry; and further, That in the event MNR is unable or unwilling to undertake such a review, the City, as the responsible authority regarding land use approvals, retain a peer reviewer for the stated purposes. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JANUARY 14, 200$ - 13 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. That we continue to endorse the recommendations outlined in the "City-wide Stormwater Management Plan -Annual Audit Report (Year 2005)", dated May 2007, and "City-wide Stormwater Management Plan -Annual Audit Report (Year 2006)", dated December 2007, prepared by Totten Sims Hubicki, Donald G. Weatherbe Associates Inc., and Dance Environmental Inc. 8. That prior to proceeding with developing amended design guidelines for drive-throughs in the City of Kitchener, as outlined in Development and Technical Services Department report DTS-08-006: • staff report to the January 28, 2008 special Council meeting with a recommendation to deal with the principle of pedestrian safety on drive-through sites; and further; • on completion of the peer review by the University of Ottawa Science & Engineering Faculty of RWDI Consulting Engineers & Scientists' most recent study of emissions and air quality around Tim Horton drive-throughs, an evaluation of the peer review be undertaken in conjunction with the results of the public consultation on the City's Environmental Strategic Plan. (Dealt with under Delegations and Carried, as Amended) 9. That the recommendations of the Hanson Avenue Extension (Lennox Lewis Way, Hayward Avenue to Block Line Road) Municipal Class Environmental Assessment Study Report be accepted; and, That the Hanson Avenue Extension (Lennox Lewis Way, Hayward Avenue to Block Line Road) Municipal Class Environmental Assessment Study Report be submitted to the Ontario Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That following the thirty (30) day mandatory review period, and Ontario Ministry of Environment acceptance of the study, the City proceed to implement the recommendations of the study. (As Amended) 10. That Demolition Control Application DC07/06/W/AP requesting permission to demolish one single detached dwelling located at 48 Walnut Street, owned by 48 Walnut Inc., legally described as Part Lot 487, Plan 378, being Part 2, Reference Plan 58R-12501, be approved without conditions. 11. That the 2008 traffic calming program, as outlined in Development & Technical Services Department report DTS-08-016, including the completion of traffic calming reviews for Pioneer Drive/Bechtel Drive (Doon Village Road to Doon Village Road), Laurentian Drive, Upper Canada Drive, Morgan Avenue and Dixon Street, be approved. COMMUNITY SERVICES COMMITTEE - 1. That the final commission of the 2007 Artist-In-Residence, Paul Roorda, be approved and installed at a City-owned site yet to be determined; and further, That the Mayor and Clerk be authorized to execute the 2007 Artist-In-Residence Commission Agreement with Paul Roorda in a form satisfactory to the City Solicitor, such agreement encompassing the terms set out in Community Services Department report CSD-05-136. 2. That a general provision grant in the amount of $2,400. to the Millennium Choral Organization, be approved. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JANUARY 14, 200$ - 14 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. That aone-time Community Development Infrastructure Program grant in the amount of $15,000., be approved to The Healing of the Seven Generations Outreach Program, to assist with costs associated with strengthening the presence of the outreach program to ensure that the needs of the Aboriginal community are being met. (Dealt with under Delegations and Carried, on a recorded vote) 4. That expanded communication and by-law enforcement measures, as described in Community Services Department report CSD-08-002, be implemented for the winter of 2007 / 2008 and that staff report back to Council in the spring of 2008; and further, That the fee for removing snow and / or ice from sidewalks, in instances where the abutting property owner has failed to remove it, pursuant to Chapter 687 (Snow and Ice), be set at $300. for a single lot and $500. for larger lots. (Carried, as Amended) 5. That no action be taken in respect to Community Services Department report CSD-08-005 (Snow Day Programming at City of Kitchener Facilities). AUDIT COMMITTEE 1. That the Performance Measurement and Internal Audit 2008 Work Plan as referenced in report CAO-08-00 be approved. 2. That the scope for the Special Events Unit review be amended to include as part of the Project Steering Committee, a representative from an organization that conducts a community special event; and further, That the scope of the Special Events Unit review, as amended, be endorsed and form the basis for the operational audit review. ENVIRONMENTAL COMMITTEE - 1. That the 2007 Community Environmental Improvement Grant Program (CEIGP), to be funded from the Environmental Stewardship Capital Account, be awarded as follows: $3,000. to Community Renewable Energy Waterloo (CREW) -Power Saving Network; $3,000. to CREW - Conservation /Renewable Energy Website Development; $1,500. to St. Teresa Catholic School; and, That $1,000. of the 2007 CEIGP funds be prorated to assist with costs related to advertising the 2008 grant program; and further, That the remaining $1,500. of the 2007 CEIGP funds be prorated for distribution as part of the 2008 grant program. COUNCIL MINUTES JANUARY 14, 200$ - 15 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Dog Designation Appeal Committee It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Silvia van der Heide concerning the Dangerous Dog Designation assigned to her dog `Rocky', wherein the Committee substitutes that designation for a Potentially Dangerous Dog Designation comprised solely of the conditions set out in Chapter 530.7.7 to 530.7.10 of the City of Kitchener Municipal Code, be ratified and confirmed." 2. Execution of Engineering Agreement -Bridgeport Homes Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Planning & Engineering Initiatives Ltd., regarding Old Huron Road Subdivision, Plan 30T-03202." 3. Various Tenders Dealt with under Delegations. 4. License Agreement - Region of Waterloo -Temporary Modular Bridge at Bridgeport Bridge Council considered Corporate Services Department report CRPS-08-004 (F. McCrea), dated January 8, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute a License Agreement satisfactory to the City Solicitor with the Regional Municipality of Waterloo to use certain lands described as Parts 1, 3 and 4 on Reference Plan 58R-2719, municipally known as 624 Lancaster Street and Part Lots 5 and 6, Plan 577 and Part Lot A, Plan 577, municipally known as 6 and 8 Bridge Street East for the construction of a temporary modular bridge to be used for vehicle and pedestrian access during the restoration of the Bridgeport Bridge." 5. Liquor Licence Review Application - 02 Karaoke Restaurant -155 King Street W Council considered Corporate Services Department report CRPS-08-002 (P. Harris), dated January 2, 2008. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license to 02 Karaoke Restaurant, located at 155 King Street West (Lower level) applied for by Seok-Heun (Augustine) Yoon (herein referred to as the "Applicant"); and further, COUNCIL MINUTES JANUARY 14, 200$ - 16 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Liquor Licence Review Application - 02 Karaoke Restaurant -155 King Street W tCont'd) That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol & Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words; alcohol sales will be limited to 30% of gross refreshment sales); 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and Regional Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 6. Encroachment Agreement -Proposed Multiple Unit Identification Sign on City Property t7 Upper Mercer Street) Council considered this date Corporate Services Department report CRPS-08-006 (F. McCrea), dated January 9, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Block 29, Registered Plan 58M-392, municipally known as 7 Upper Mercer Street, to legalize the installation of a multiple unit identification sign located approximately 4.5m, more or less, back from the front lot line on City property."