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HomeMy WebLinkAboutCouncil - 2010-01-18COUNCIL MINUTES JANUARY 18, 2010 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 Krystal Wolfe, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held December 14, 2009 and special meeting held January 11, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated November, 2009, from G.P. Carroll, President, Municipal Engineers Association, advising of the 50th Anniversary of the MEA's Annual Workshop. A book entitled 'Sharing With Pride' commemorating this occasion has been presented to the City of Kitchener. Mayor C. Zehr presented Councillor B. Vrbanovic with along-service pin in acknowledgement of his 15 years of service as the Councillor for Ward 2, Chicopee-Grand River. Ms. Amanda Cioanca attended in regard to Item B.7 of the Committee of the Whole agenda relative to the decision made by the Dog Designation Appeal Committee (DDAC) affirming the 'Prohibited Dog' designation assigned to her two dogs by the Kitchener-Waterloo & North Waterloo Humane Society. Ms. Cioanca provided Council with an information package containing records of vaccination, which identify her dogs as being Boxer cross-breeds. She noted that at the DDAC hearing her dogs were said to be Pit Bull cross-breeds and she was unable to present evidence to the contrary at that time. She referred to the letters of support included in her information package which attest to the dogs' friendly temperaments. She requested that Council consider this new evidence and overturn the Committee's decision. On motion, Councillor J. Smola, seconded by Councillor G. Lorentz, the recommendation of the Dog Designation Appeal Committee was brought forward for Council's consideration. Mr. Eric Peasley addressed Council in support of the request made by Ms. Cioanca and spoke to the credibility of the veterinarian who signed the vaccination records. He suggested that the veterinarian may be willing to meet with the Committee to discuss the breed of the dogs. Councillor Smola stated that as indicated, DDAC did not have an opportunity to review the circulated documents and noted that it is within Council's purview to refer this new evidence back to the Committee. Councillor G. Lorentz requested that should this matter be referred back to the DDAC that the Humane Society be asked to submit comments on the new evidence. In addition, Ms. Cioanca was requested to provide correspondence and/or an official statement from the veterinarian verifying the breed of the two dogs. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the decision of the Dog Designation Appeal Committee regarding an appeal field by Amanda Cioanca wherein the Committee affirms the designations of 'Prohibited Dogs' applied to her dogs 'Precious' and 'Remy', be referred back to the Committee to allow for the consideration of new information provided this date by Ms. Cioanca." Carried. Mr. Pat McMahon, Multiple Sclerosis (MS) Society of Canada, Waterloo District Chapter, addressed Council regarding the 1St Annual Mayor's Magnificent Movie Morning; being held on February 13, 2010, at Empire Studios 12 Theatres. He provided each member of Council with an Empire Theatres popcorn bag, containing promotional materials for the event which highlighted the end MS message. He encouraged the members to forward an invitation to anyone they believe may be interested in attending. He noted that all proceeds help fund MS research as well as providing equipment and services for persons in Kitchener with MS. Mr. McMahon then presented Mayor Zehr with the first ever MS ESKAY statuette as a thank you for agreeing to be part of this fun, family-friendly event. COUNCIL MINUTES JANUARY 18, 2010 - 10 - CITY OF KITCHENER Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola inquired as to why staff were not recommending the lowest bid for the snow and ice removal equipment and was advised that it did not meet the specifications provided for in the tender. Councillor Gazzola advised that he was not in support of the consulting services tender, as he was unclear as to the benefits the City would derive from these services. Ms. J. Ouellette, Volunteer Co- ordinator, advised that in accordance with The Plan for a Healthy Kitchener and the Leisure Facilities Master Plan, a strategy is being developed on how the City engages its volunteers. She added that the consultant will undertake a comprehensive review of the resources and services currently being offered by Volunteer Resources staff and assist in identifying the optimal model for supporting community members in volunteering /community engagement. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Tender T09-098, Supply and Install Snow and Ice Removal Equipment, as per specification CKF-25-2009, be awarded to Viking Cives Ltd., Mount Forest, Ontario, at their tendered price of $107,773.20, plus G.S.T. of $4,989.50 for a total of $112,762.70." - and - "That Expression of Interest E09-109, Consultant Services -Volunteer Services Strategy, be awarded to dmA Planning & Management Services, Toronto, Ontario at their estimated fee of $42,825., plus G.S.T. of $2,141.25 for a total of $44,966.25, based on a satisfactory contract being negotiated and an upset fee being established; and further , That the Chief Purchasing Officer be authorized to execute an agreement satisfactory to the City Solicitor. " Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Councillor G. Lorentz advised that Clause 3 of the Committee report regarding the request of the Waterloo Region Children's Museum for additional funding, is redundant as it was dealt with at the special Finance and Corporate Services Committee meeting held earlier this date. He noted that it was deferred to a future Committee meeting pending consideration of the matter by the Region of Waterloo. The Community Services Committee report was then voted on and was Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." Councillor B. Vrbanovic referred to Corporate Services Department report CRPS-10-008 (P. Harris) which was circulated with the Council agenda and it was agreed to amend Paragraph 1, Clause 6 of the Committee report to remove 'model rocket engines' from the proposed new Chapter 544 (Fireworks) of the Municipal Code. He advised that additional information regarding the City's COUNCIL MINUTES JANUARY 18, 2010 - 11 - CITY OF KITCHENER Banking Services Agreement had been circulated by Ms. R. Upfold, Director of Accounting, and it was agreed to amend Clause 8 of the Committee report by removing Paragraph 1. Councillor Vrbanovic noted that Clause 11 of the Committee report pertaining to Chief Administrator's Office report CAO-09-059 (EDIF 5-Year Review) was not voted on at the January 11, 2010 Finance and Corporate Services Committee meeting. Councillor J. Gazzola questioned the staff hours and cost estimate associated with the conversion of banking services. Mr. D. Chapman, General Manager of Financial Services, advised that in 2005, when the City changed its banking services from the Bank of Montreal to CIBC, it was agreed to include a provision within the contract for an extension after 5 years. He added that staff is recommending that Council exercise this option in light of the financial and non-financial benefits to the City. He noted that an RFP for banking services would be prepared following the expiration of the proposed extension. Questions were raised in regard to clause 10 of the Committee report, concerning the costs associated with placing a question on the ballot for the 2010 Municipal Election. Mr. R. Gosse, City Clerk, advised that the only additional cost associated with the Minister of Municipal Affairs and Housing adding a question to the ballot relates to giving notice. He stated that pursuant to the Municipal Elections Act, the Ministry is responsible for covering the costs associated with said notice. He noted that the Minister is required to advise the Clerk of a question on the ballot by no later than June 1, 2010. Councillor B. Vrbanovic commented that Waterloo City Council deferred consideration of adding a similar question to their ballot, pending the receipt of additional information from their staff. He questioned what the implications would be if Waterloo resolved not to pursue this matter. It was agreed that Council would need to revisit this issue should Waterloo refrain from making a request to the Minister. The Finance and Corporate Services Committee report was then voted on Clause by Clause Clause 3 -Carried. Clause 6 -Carried, as Amended. Clause 8 -Carried, as Amended. Clause 10 -Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, K. Galloway, C. Weylie and B. Vrbanovic. Contra: Councillor J. Gazzola Motion Carried. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Audit Committee be adopted." Carried. Councillor B. Vrbanovic requested that staff investigate the possibility of providing additional plastic skating assistive devices for children using the City Hall skating rink. Councillor Vrbanovic advised that he wished to introduce a motion with respect to the City donating $5,000. to the Mennonite Central Committee's (MCC) efforts to provide emergency relief to Haiti in the wake of last week's earthquake; and requested that the requirements for giving Notice of Motion, be waived. COUNCIL MINUTES JANUARY 18, 2010 - 12 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion to donate $5,000. to assist with the local relief efforts in Haiti." Carried Unanimously. Several members spoke in support of providing assistance with the emergency relief efforts and ongoing reconstruction of Haiti. Mayor C. Zehr noted that the proposed donation would complement the $25,000. contribution approved by Waterloo Regional Council last week. It was noted that as this is a corporate donation, it would not be eligible for the matching funds being offered by the Federal Government for all individual donations. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That a donation to the Mennonite Central Committee (MCC) to assist with their efforts to provide emergency relief in Haiti in the amount of $5,000., to be funded through the City's miscellaneous expenses, be approved." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, concerning amendments to Chapter 508 (Alternative Massage Centre), Chapter 544 (Fireworks) and Chapter 501 (Business Licence Fees) of the Municipal Code, relative to Clauses 5 and 6 of the Finance and Corporate Services Committee report. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) 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. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (e) Being a by-law to exempt certain lots from Part Lot Control -Lots 1, 3, 4, 5, 12 and 13, Registered Plan 58M-486 - Tagge Crescent. (f) Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to the Appointment of Staff. (i) Being a by-law to authorize borrowing for current expenditures in 2010. (j) Being a by-law to provide fora 2010 Interim Tax Levy and for the payment of 2010 Interim Taxes. COUNCIL MINUTES JANUARY 18, 2010 - 13 - CITY OF KITCHENER (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to repeal and replace Chapter 508 of the City of Kitchener Municipal Code with respect to Alternative Massage Centres. (m) Being a by-law to repeal and replace Chapter 544 of the City of Kitchener Municipal Code with respect to Fireworks Vendors. (n) Being a by-law to amend By-law Number 2009-159 of the Corporation of the City of Kitchener being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-003) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2010-004) (c) 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. 2010-005) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (By-law No. 2010-006) (e) Being a by-law to exempt certain lots from Part Lot Control -Lots 1, 3, 4, 5, 12 and 13, Registered Plan 58M-486 - Tagge Crescent. (By-law No. 2010-007) COUNCIL MINUTES JANUARY 18, 2010 - 14 - CITY OF KITCHENER (f) Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener. (By-law No. 2010-008) (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2010-009) (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to the Appointment of Staff. (By-law No. 2010-010) (i) Being a by-law to authorize borrowing for current expenditures in 2010. (By-law No. 2010-011) (j) Being a by-law to provide fora 2010 Interim Tax Levy and for the payment of 2010 Interim Taxes. (By-law No. 2010-012) (k) To confirm all actions and proceedings of the Council. (By-law No. 2010-013) (I) Being a by-law to repeal and replace Chapter 508 of the City of Kitchener Municipal Code with respect to Alternative Massage Centres. (By-law No. 2010-014) (m) Being a by-law to repeal and replace Chapter 544 of the City of Kitchener Municipal Code with respect to Fireworks Vendors. (By-law No. 2010-015) (n) Being a by-law to amend By-law Number 2009-159 of the Corporation of the City of Kitchener being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By-law No. 2010-016) (o) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (By-law No. 2010-017) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:17 p. m. MAYOR CLERK COUNCIL MINUTES JANUARY 18, 2010 - 15 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the Uniform Traffic By-law be amended to prohibit stopping on both sides of Dalewood Drive between Franklin Street and Eastwood Drive, Monday to Friday between the hours of 8:00 a. m. to 4:30 p. m. That the Uniform Traffic By-law be amended to permit eastbound traffic only on Bell Lane between Water Street and College Street. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2002-164 as amended, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-09205 for 10 Foxglove Crescent in the City of Kitchener, subject to the conditions contained in Development and Technical Services Department report DTS-10-012. COMMUNITY SERVICES COMMITTEE - That the list of Neighbourhood Associations attached to Community Services Department report CSD-10-005 be approved for affiliation with the City of Kitchener for 2010. That consideration of the following recommendation, contained in Community Services Department report CSD-10-002, be referred to the Community Services Committee meeting of January 25, 2010, to allow this report to be considered by the Arts and Culture Advisory Committee, and to allow staff an opportunity to provide the Community Services Committee with the following information: to account for the shortfall of $2.5M, to provide the budget for the Prosperity Council, and to provide information on the amount of money the City of Kitchener spent on Arts and Culture in 2009 and previous years: "That an annual grant in the amount of $54,000 be approved for the creation and ongoing operations of an "Enabling Organization" for the creative sector, to be funded for 2010 as a one time transfer from the capital fund called Arts and Culture Capacity Building Fund and in future years from the Community Grants Pool; and, That the transfer of funds remaining in the Arts and Culture Capacity Building Fund into an Arts and Culture Sustainability Fund be approved as an initial contribution by the City of Kitchener to support the commitment of an additional $1 per capita investment in creative enterprise; and, That consideration of ongoing funding for the Arts and Culture Sustainability Fund beyond 2011 be referred to the 2012 operating budget process; and further, That funding in the annual amount of $8,757.00 be approved for 2010 for Waterloo Regional Arts Council (WRAC) from the Community Grants Pool, six months to be paid initially and subsequent quarters to be paid upon confirmation by staff that the organization continues to operate." That consideration of the request of the Waterloo Region Children's Museum for additional funding be referred to Budget Day, subject to a report from staff on funding options and a dialogue with the Region of Waterloo, City of Cambridge and City of Waterloo as to their intensions respecting additional funding for the Museum. (Motion redundant as it was dealt with at the January 18, 2010 special Finance and Corporate Services Committee meeting.) That subject to final 2010 budget approval, a 2010 Tier 1 grant in the amount of $2,653 be approved for the Rotary Club of Kitchener Grand River for the Downtown Mudpuppy Chase. COUNCIL MINUTES JANUARY 18, 2010 - 16 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That approval be given for the commission and installation of artwork titled "Moments" by Gerry Houghton at McLennan Park; and further, That the Mayor and City Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Gerry Houghton regarding the obligations of the public art commission. FINANCE AND CORPORATE SERVICES COMMITTEE - That the following applicant be re-appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a three (3) year term pending ratification by the participating municipalities of the City of Kitchener, Region of Waterloo, Township of Woolwich, Township of North Dumfries and the Township of Wellesley: Gord Cummer, City of Waterloo (renewal); and further, That notwithstanding the Terms of Reference for the Grand River Accessibility Advisory Committee (GRAAC), the composition for GRAAC for 2010 consist of 7 to 11 members. 2. That the Chief Administrative Officer, or their designate, be authorized to act as the Certifier, for the Corporation of the City of Kitchener, and file accessibility reports as required under the Accessibility for Ontarians with Disabilities Act (AODA). 3. That Council Policy I-100 (Environmental Committee -Terms of Reference) be repealed and replaced with revised Policy I-100 as attached to Corporate Services Department report CRPS- 10-001. 4. That Chief Administrator's Office report CAO-09-031, providing an update on the Corporate Customer Service project, be received for information. 5. That Chapter 508 (Alternative Massage Centres) of the City of Kitchener Municipal Code be repealed and replaced based on the proposed by-law attached to Corporate Services Department report CRPS-10-004. 6. That Chapter 544 (Fireworks) of the City of Kitchener Municipal Code be repealed and replaced based on the proposed by-law attached to Corporate Services Department report CRPS-10-005, as amended by deleting subsection (c) Model Rocket Engines (Class 7.2.3) shown under "Fireworks" in section 1 (Definitions) of the by-law and changing subsection (d) to (c); and further, That Chapter 501 (Business Licence Fees) be amended accordingly. (Carried, as Amended) That Licensing staff be directed to prepare a report and draft by-law for Council's consideration regarding an amendment to Kitchener Municipal Code Chapter 586 (Refreshment Vehicles) to permit the licensing of motorized ice cream vendors. That the option to extend the City of Kitchener's banking services agreement with CIBC be exercised for a period of five years from September 1, 2010 to August 31, 2015; and further, That the Mayor and Clerk be authorized to execute the necessary agreements with CIBC to effect the renewal, subject to the satisfaction of the City Solicitor. (Carried, as Amended) That the draft by-law attached to Corporate Services Department report CRPS-09-157 be enacted to amend Chapter 530 (Dogs) of the City of Kitchener Municipal Code. COUNCIL MINUTES JANUARY 18, 2010 - 17 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 10. That the Minister of Municipal Affairs and Housing be requested to make an order requiring the Clerk to submit the following question to the electors for the 2010 City of Kitchener Municipal Election: "Would you support members of council engaging in a dialogue about the merits of merging the cities of Kitchener and Waterloo? Yes or No." (Carried, on a recorded vote) 11. That staff be directed to prepare an annual report on the implementation of the Economic Development Investment Fund (EDIF) and its outcomes through the life of the program; and further, That Staff be directed to work with faculty at the University of Waterloo or Wilfrid Laurier University as part of the next annual review of the economic impact of the Economic Development Investment Fund to provide input on assessment methodology. AUDIT COMMITTEE - 1. That Community Services Department report CSD-09-074, dated November 27, 2009, be received for information. 2. That the Internal Auditor's year-end report as outlined in Chief Administrator's Office report CAO-09-057, be received as information. 3. That the Internal Audit Division 2010 workplan as outlined in Chief Administrator's Office report CAO-09-058, be approved. COUNCIL MINUTES JANUARY 18, 2010 - 18 - 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. Various Tenders Dealt with under Delegations. 2. CRPS-10-006 -Surplus Lands - Conveyance of Easements to Region of Waterloo Council considered Corporate Services Department report CRPS-10-006 (L. MacDonald), dated January 7, 2010. It was resolved: "That the City declare surplus to its needs vacant land legally described as Part of Biehn's Unnumbered Tract being Parts 1, 2, 3 and 4 on Reference Plan 58R-16605 to permit an easement in favour of The Regional Municipality of Waterloo for an existing sanitary forcemain; and, That the City declare surplus to its needs vacant land legally described as Part of Biehn's Unnumbered Tract being Part 1 on Reference Plan 58R-16633 to permit an easement in favour of The Regional Municipality of Waterloo for the construction of a sanitary forcemain, effluent water line and communication cable duct for the transmission of liquid sludge; and, That Legal Services be directed to complete a Transfer Easement over the said lands to The Regional Municipality of Waterloo for the existing sanitary forcemain and to construct the sanitary forcemain, effluent water line and communication cable duct for nominal consideration with all disbursements to be paid by The Regional Municipality of Waterloo, on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute a Memorandum of Agreement to convey a permanent easement over Parts 1, 2, 3 and 4, 58R-16605 and Part 1 on 58R- 16633 with The Regional Municipality of Waterloo, in a form satisfactory to the City Solicitor." 3. CRPS-10-007 -Liquor Licence Review Application -The Museum Cafe Council considered Corporate Services Department report CRPS-10-007 (P. Harris), dated January 12, 2010. 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, that Council take no action to oppose the application for a liquor license for The Museum Cafe located at 10 King Street West applied for by 1327236 Ontario Inc. (Waterloo Regional Children's Museum) (herein referred to as the "Applicant"); and further That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: COUNCIL MINUTES JANUARY 18, 2010 - 19 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. CRPS-10-007 -Liquor Licence Review Application -The Museum Cafe (Cont'd) 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide by 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 12:01 a. m. daily in the first year of holding the liquor licence and thereafter 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 the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 4. FIN-10-001 -ECNG Consulting Contract Extension Council considered Financial Services Department report FIN-10-001 (D. Chapman), dated December 17, 2009. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the Consultant Agreement with ECNG Limited Partnership ("Agreement") to extend the term of the Agreement for one year from February 1, 2010 to January 31, 2011 for a reduced monthly fee of $10,800 instead of the $12,000 fee (10% reduction); said agreement to be satisfactory to the City Solicitor." 5. CRPS-10-003 -Appointment to the Environmental Committee -Vacancy Councillor B. Vrbanovic declared a pecuniary interest as he is currently working with one of the applicants and accordingly, he did not participate in any discussion or voting regarding this matter. Council considered Corporate Services Department report CRPS-10-003 (C. Goodeve), dated December 22, 2009. It was resolved: "That Lindsay Matthews and Marion Thomson Howell be appointed to the Environmental Committee for a term expiring November 30, 2010." 6. DTS-10-019 - Cycling Advisory Committee Membership Council considered Development & Technical Services Department report DTS-10-019 (R. Schirm), dated January 5, 2010. It was resolved: "That Michael Arges be appointed to the Cycling Advisory Committee for the term expiring November 30, 2010." 7. CRPS-09-156 -Dog Designation Appeal Committee -Appeal Dealt with under Delegations. COUNCIL MINUTES JANUARY 18, 2010 - 20 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Amendment to Municipal Code Chapter 380 (Tariff of Fees) Council was in receipt this date of Development & Technical Services Department report DTS-10-027 (A. Pinard), dated January 14, 2010. It was resolved: "That Schedule "A" -Tariff of Fees of Chapter 380 of The City of Kitchener Municipal Code be amended to delete the word "unit" and substitute therefore the word "hectare" on the third line of the fees under the heading "Subdivision and Vacant Land Condominium; and further, That the amending by-law to effect said change be deemed as having been given First and Second reading." 9. Agreement of Purchase and Sale -Andrin Investments Limited Council considered a matter arising from in-camera discussion this date concerning an Agreement of Purchase and Sale with Andrin Investments Limited. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the Agreement of Purchase and Sale with Andrin Investments Limited to adjust the timing of the execution of the Development Agreement to February 24, 2010 provided that the start date for the timing in the Purchase Agreement and the Development Agreement to transact the property and commence construction of the various Phases of the Project shall remain at November 30, 2009 notwithstanding the Development Agreement may not be executed until February, 2010: said amendment to be satisfactory to the City Solicitor."