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HomeMy WebLinkAboutCouncil Minutes - 1997-10-14COUNCIL\1997-10-14 OCTOBER 14, 1997 COUNCIL MINUTES 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 Ms. Cayley Roy. Councillor M. Yantzi thanked Ms. Roy for her rendition of the National Anthem. A minute of silence was then observed in memory of former Alderman Michael M. Walters. On motion by Councillor Karen Taylor-Harrison, the minutes of the regular meeting held on September 29, 1997, and special meeting held on October 6, 1997, as mailed to the members, were accepted. COMMUNICATIONS - N I L Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor J. Ziegler questioned if price was a factor in choosing a consultant with regard to the Bikeway Study and Mr. L. Gordon advised that price was just one of the factors considered. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That tender T97-72, Supply of Industrial Hardware, be awarded to Delta Industrial Sales, Cambridge at their adjusted tender price of $24,136.88 for each year of a two year contract." -and- "That Expression of Interest E97-97, Consultant Services - Bikeway Study, be awarded to Stanley Consulting Group Ltd., Cambridge, Ontario at an upset fee of $45,000., including G.S.T. and a contingency of $2,174." Carried. Mr. Frank Reiss appeared as a delegation on behalf of Jade-Bay Developments Inc. to support three readings of by-laws this date that would firstly, adopt Amendment No.10 to the Municipal Plan and secondly, amend the Zoning By-law with regard to lands on King Street East. These by-laws were identified as item 9(h) and (i) and 12(h) and (i) on the agenda. The delegation indicated that he is aware members of Council had been circulated with a letter dated October 14, 1997 from Smith Lyons, Barristers & Solicitors acting for Krizsanderson Developments Limited which formally registers their client's objection to the applications and by-laws relating to Municipal Plan Amendment MP 96/7/K/CL and Zone Change Application ZC 96/25/K/CL. Mr. Reiss pointed out that in the Smith Lyons letter, a request was made for Jade-Bay Developments Inc. to contribute toward the cost of any road improvements that serve the Jade-Bay Developments Inc. land at 4355 King Street East. Mr. Reiss indicated that his client had complied with the City's planning requirements and completed improvements and has prepared and submitted a traffic study. He urged that the Council adopt the two proposed by-laws listed on the agenda. Councillor T. Galloway noted that Council had approved the applications for Official Plan Amendment and Zone Change contingent on completion of certain matters which have been finalized. He noted that it appears an adjacent landowner wishes additional conditions imposed on the subject applicant and it would be onerous for the City to require such additional conditions. Mr. T. McCabe commented that he agreed with Councillor Galloway's comments and noted that the uses that are now proposed for the Jade- Bay lands actually may generate less traffic than what would have previously been the case before the Zone Change was submitted. On motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, it was agreed that the by-laws listed on the agenda dealing with an Official Plan Amendment and Zone Change for the Jade-Bay Developments Inc. land on King Street East would receive three readings this date. OCTOBER 14, 1997 COUNCIL MINUTES -515- CITY OF KITCI:IENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Moved by Councillor T. Galloway Seconded by Councillor Jake Smola "That the report of the Environmental Committee of this date be adopted." Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." Carried. Carried. Carried. Voted on Clause by Clause. Clauses 2 & 3 - Carried (As Amended). Balance of report - Carried. Councillor John Smola advised that he had received complaints with regard to a mural type advertising that some individuals considered to be pornographic on the Grand Hotel. He requested that staff investigate and prepare a report as to whether or not there was a violation of any municipal or provincial statutes which the Finance & Administration Committee would consider at its October 20 meeting. Councillor Karen Taylor-Harrison commented that there was similar new signage at the East End Hotel and requested it be considered as part of the same report. Councillor M. Wagner advised that he was Council's representative on the Consultant Review Committee for the Bikeway Study and asked that since he was not running for re-election, Council approve replacement appointments as Council's representative on the Bikeway Study Group. Moved by Councillor M. Wagner Seconded by Councillor B. Vrbanovic "That Councillors Jake Smola and M. Yantzi be appointed as Council's representatives on the Bikeway Study Group." Carried. Moved by Councillor M. Yantzi Seconded by Councillor C. Weylie The report was then put to a vote. Councillor M. Wagner commented on the content of clause #3 of the report and on motion by Councillor Wagner, seconded by Councillor J. Ziegler, it was agreed to amend the clause so as to provide for circulation of the resolution to the City of Waterloo and to the Regional Municipality of Waterloo. On motion by Councillor J. Ziegler, seconded by Councillor M. Wagner, it was agreed to amend clause #2 of the report in respect to Section "h" to clarify that the property is only infrequently used as a residence by the landlord who is not a tenant. COUNCIL MINUTES OCTOBER 14, 1997 - 516- CITY OF KITCI:IENER "That this Council express its deep sense of loss following the recent passing of former Alderman Michael M. Walters. His many contributions to the citizens of this community will be long remembered. And further, that this Council convey its sincere condolences to his bereaved wife and family." Carried Unanimously. Councillor Jake Smola requested a report from the Department of Public Works on the possible installation of a sidewalk on Ottawa Street North between Lackner Boulevard and Heritage Drive adjacent to the lawn bowling facility that would be considered at the October 20 Public Works and Transportation Committee meeting. He also requested comment from the Department of Parks & Recreation as to the routing of the community trail planned in this area. Councillor Jake Smola referred to the problem that the City has had with complaints over water service valves and the question of whether the City should assume responsibility for leaks on either side of the valve unit. He asked for a report for consideration at the October 20 Public Works and Transportation Committee as to how the City could implement a pilot project in respect to the responsibility issue. Councillor M. Wagner referred to the matter of re-appointments of existing members to the Adaptive Re- Use of Industrial Buildings Sub-Committee in 1998. He commented that existing members were picked due to a certain area of expertise and asked for Council's consideration not to require that existing members re-apply. Mr. R.W. Pritchard suggested that the request was one that should be considered by the 1998 Council-Elect. Moved by Councillor M. Wagner Seconded by Councillor M. Yantzi "That we recommend to the 1998 Council-Elect that existing members of the Adapative Re-Use of Industrial Buildings Sub-Committee not be required to re-apply for the next term and that such re- appointment be for a three year term effective December 1, 1997 to November 30, 2000." Carried. Councillor B. Vrbanovic requested an update on the matter of One Stop Shopping. Mr. J. Gazzola advised that prior to his recent absence, a staff team had been established to deal with the issue and was scheduled to meet with him on October 16. He stated that pending his October 16 meeting, he was not sure if the matter could be addressed at the October 20 meeting of the Finance and Administration Committee. Councillor B. Vrbanovic referred to the issue of aircraft noise over the City and advised that he had received correspondence from the Waterloo Airport Manager, advising that letters had been sent to companies utilizing the airport to request their co-operation in addressing the noise concern that has been expressed. Councillor G. Lorentz expressed congratulations to Councillor T. Galloway on his acclamation as Ward Councillor for the South Ward for the three-year term beginning December 1, 1997. Councillor Lorentz also referred to the fact that Councillor M. Wagner was not running for re-election and indicated that he wish to publicly state how much he had enjoyed working with Councillor Wagner and expressed appreciation for the fantastic job that Councillor Wagner has done for the City in his pursuit of Arts and Culture and Heritage issues. Mayor R. Christy reported on his meeting with the Honourable David Tsbouchie held October 7, 1997 to discuss the subject of Charity Gaming Clubs. He reported that the Minister had stated no community would be forced to accept a gaming club if such position was the vote of the local Council. In addition, he advised that no VLT's would be permitted in bars and restaurants and that on March 31, 1998, roving casinos would no longer be permitted. Mayor Christy advised that he has written a letter requesting the Minister to outline the Ministry's concerns with respect to roving casinos and offering our assistance in regard to their concerns. As well, he pointed out that there are concerns in regard to Kitchener Charity funds going to other municipalities as a result of the impact of the new legislation. Councillor J. Ziegler commented that the entire charity gaming club issue will be a significant problem for the 1998 City Council and he strongly recommended that the Council must find a solution prior to March OCTOBER 14, 1997 COUNCIL MINUTES - 517- CITY OF KITCI:IENER 31, 1998. He stated that it was not acceptable that local charities within Kitchener would have to get by without revenues currently generated. Mayor R. Christy suggested that the question that must be addressed was whether or not there are alternatives to the issue as currently conceived. Councillor Jake Smola questioned if the possibility of charitable organizations running charity gaming clubs rather than for profit corporations had been examined. He suggested that if this was the case, the charities would not permit VLT's within the establishment and then could re-distribute operating profit within communities. Councillor Karen Taylor-Harrison indicated that she favoured a more active position by Council on this issue. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointments of Staff (b) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (c) Being a by-law to amend By-law 97-55 respecting the licensing of Street Vendors in Victoria Park and at specific street intersections (d) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (e) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (f) Being a by-law to amend Chapter 635 of The City of Kitchener Municipal Code regarding Garbage (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dr. Frank Loy and the City of Kitchener - Joseph Street - No. 961281PIZJ (h) Being a by-law to adopt Amendment No. 10 to the Municipal Plan - Jade-Bay Development Inc. -King Street East- No.96/07/K/CL (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Jade-Bay Developments Inc. - King Street East - No. 961251LICL (J) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions - Issue of Licences (k) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Licence Fees (I) Being a by-law for licensing and regulating refreshment vehicles (m) Being a by-law for licensing and regulating places of refreshment, not including refreshment vehicles (n) Being a by-law to approve a Capital Expenditure for the undertaking of the Williamsburg Crematorium Project at a total estimated cost of $535,000 and for the borrowing of money therefor (Cont'd) (o) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. OCTOBER 14, 1997 COUNCIL MINUTES -518- CITY OF KITCI:IENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor Karen Taylor-Harrison as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor Karen Taylor-Harrison 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." Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (Cont'd) (h) (i) (J) Carried. Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointments of Staff (By-law No. 97-153) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (By-law No. 97-154) Being a by-law to amend By-law 97-55 respecting the licensing of Street Vendors in Victoria Park and at specific street intersections (By-law No. 97-155) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 97-156) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 97-157) Being a by-law to amend Chapter 635 of The City of Kitchener Municipal Code regarding Garbage (By-law No. 97-158) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dr. Frank Loy and the City of Kitchener - Joseph Street - No. 961281PIZJ (By-law No. 97-159) Being a by-law to adopt Amendment No. 10 to the Municipal Plan - Jade-Bay Development Inc. -King Street East- No.96/07/K/CL (By-law No. 97-160) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Jade-Bay Developments Inc. - King Street East - No. 961251LICL (By-law No. 97-161 ) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions - Issue of Licences OCTOBER 14, 1997 COUNCIL MINUTES -519- CITY OF KITCI:IENER (k) (m) (n) (o) (By-law No. 97-162) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to LJcence Fees (By-law No. 97-163) Being a by-law for licensing and regulating refreshment vehicles (By-law No. 97-164) Being a by-law for licensing and regulating places of refreshment, not including refreshment vehicles (By-law No. 97-165) Being a by-law to approve a Capital Expenditure for the undertaking of the Williamsburg Crematorium Project at a total estimated cost of $535,000 and for the borrowing of money therefor To confirm all actions and proceedings of the Council (By-law No. 97-166) (By-law No. 97-167) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. i) That Council request information from the Ministry of Municipal Affairs and Housing concerning the housing profile, mortgage, liabilities, ownership, household composition and age of housing stock of the social housing units in the Region of Waterloo in the format outlined in Appendix 1 attached to Staff Report PD 97/88; and further, ii) That the Ministry of Municipal Affairs and Housing provide the Region of Waterloo and the City of Kitchener with the provincial and federal administrative costs for delivering programs in Waterloo Region; and further, iii) That the City of Kitchener advise the Province that if it proceeds with its plan to devolve social housing: that the Province substantially increase the proposed amount of one-time contribution to capital repairs to social housing and provide reasonable justification for that amount based on evidence of the condition of the stock; that the devolution of social housing not occur unless the provincial and federal governments retain responsibility for mortgage insurance commitments and other long-term financial arrangements for social housing; and that the devolution of social housing not occur unless measures are put in place to protect municipalities from future cost risks associated with social housing, including the potential for interest rate increases and rising mortgage costs. iv) That the Council of the Regional Municipality of Waterloo be provided with a copy of Staff Report PD 97/88 for its consideration and urged to request the same information from the Ministry of Municipal Affairs and Housing; and further, v) That a copy of this resolution be sent to all local municipalities within the Region of Waterloo, the four (4) local MPP's and the Association of Municipalities of Ontario. That the Council of the Regional Municipality of Waterloo, at its next meeting, be requested to hear a presentation by Ms. S. Frenette, Director of Policy, Research & Housing with regard to Kitchener Planning and Development Staff Report PD 97/88 on the subject of "Devolution of Social Housing Responsibilities to Municipalities". That the Council of the City of Kitchener voice its concern to the Regional Municipality of Waterloo over the recent night time operations of the Waterloo Regional Airport resulting in Iow altitude flights over residential areas in Kitchener; and further, That the management of the Airport be requested to examine a range of management options for the airport which minimize impacts on the City of Kitchener including the restriction of flights on runway '07' (the east/west runway causing these Iow altitude flights) between the hours of 12 midnight and 6 a.m., daily; and further, That the ongoing Airport Master Plan / Business Plan process consider the construction of a new runway to minimize noise impacts on the City of Kitchener. That Council approve application CD/96/001 (Quidam Investments Ltd.) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 375 - 399 Pioneer Drive as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now OCTOBER 14, 1997 COUNCIL MINUTES - 521- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 14, 1997 - 521- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owner agrees that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Rent Control Act (hereinafter called the "RC Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RC Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner agrees to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd OCTOBER 14, 1997 COUNCIL MINUTES - 522- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 14, 1997 - 522- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the Building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. h) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that approval of this application is proper planning for the City. COMMUNITY SERVICES COMMITTEE - 1. That the Public Art Committee be established as a special committee of City Council, and further, That the committee structure and size be expanded to include a maximum of 9 committee members, a Council representative and Parks and Recreation staff, and further, That the Terms of Reference for the Public Art Committee remain the same as approved by Council on January 31, 1996. That the City of Kitchener begin negotiations with the present owner of the Bullas Fountain Statuary to secure the 2 pieces, and further, That the City begin investigating a site for the installation of the 2 pieces, ideally with a water component, in the downtown. That the City install the first outdoor industrial artifact in the location on Mill Street suggested in the report of Mr. M. Price, Manager, Culture, Events, Leisure Programs, dated September 23, 1997, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) COUNCIL MINUTES OCTOBER 14, 1997 - 523- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 14, 1997 - 523- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That funding for this specific installation be made from existing accounts, and further, That the Arts and Culture Advisory Committee apply for a grant to cover 50% of the cost through the Waterloo Regional Heritage Foundation, with the anticipated cost being $5,000.00. That we approve the grant application package for general grants, for 1998, as outlined in the report of Mr. R. Arnot, Assistant General Manager, dated October 1, 1997, and considered by the Community Services Committee on October 6, 1997. ENVIRONMENTAL COMMITTEE - That the Legal Department assisted by staff of the Parks and Recreation Department prepare a report discussing the following approaches on the matter of possible municipal pesticide regulation / prohibition: a) determine what Provincial pesticide regulations are not being enforced adequately by the MOEE and that might be more effectively enforced through delegated enforcement powers given to municipalities. b) obtain models of existing municipal legislative authority and modify such regulations as the basis to propose a change in provincial legislation that would grant broad municipal regulatory powers relating to pesticides. And further, that such report be considered by the Environmental Committee at a future meeting. FINANCE AND ADMINISTRATION COMMITTEE - That the current 280 Victoria Street North location of Cleopatra (sexual/erotic body rub parlour) be exempt from section "d" of the location criteria previously approved by Council which stipulates that the lands upon which such an establishment is located shall not face any part of the premises or any existing residence across the street; and further, That the above exemption is granted on the basis of the written submission of Mr. Milton Patterson who lives across from the present Victoria Street location and has indicated that he has no objection to this arrangement. That the current 1127 King Street East location of Victoria's (sexual/erotic body rub parlour) be exempt from the following sections of the location criteria previously approved by Council: Section "a" stipulating that the establishment shall be located on lands zoned C6, on the basis that the subject lands are presently zoned CR4 and that from a policy point of view, the City's Official Plan designates this area as Service Commercial; Section "h" stipulating that the lands upon which the establishment is located shall not include an existing residence, on the basis that the current residential unit located at the rear of the property is only infrequently used as a residence by the landlord who is not a tenant and that the current occupant has no objection to this arrangement; and further, That the above exemption pertaining to "h" be subject to receipt, by the Manager of Licensing, of a letter from the occupant of the residential unit, who is also the property owner, that he has no objection to the City granting this exemption, and stating that he will not rent out said residential premises while 1127 King Street East is leased by Victoria's. (As Amended) FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) COUNCIL MINUTES OCTOBER 14, 1997 - 524- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 14, 1997 - 524- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the City of Kitchener endorse the acceptance of Trentway-Wagar bus tickets for inter-city travel between Cambridge and Kitchener as "transfers" to access Kitchener Transit for a trial period ending June 30, 1998, at which time a report evaluating the merits of this arrangement will be presented to both Kitchener and Cambridge Councils for their respective consideration; and further, That this proposal is subject to endorsement by the City of Cambridge of a similar access arrangement involving Cambridge Transit; and further, That this resolution be circulated to the City of Waterloo and the Regional Municipality of Waterloo. (As Amended) That staff approach the Province for any approvals required to directly link the public transit services provided by Kitchener and Cambridge in order to make transit travel between the two municipalities more convenient, as opposed to being required to use a third party private transit service as is presently the case; and further, That a copy of this resolution be forwarded to all area M.P.P.'s. That Council endorse a three month pilot project with respect to the issuance of staff purchasing cards, following which an evaluation report is to be submitted to the Finance and Administration Committee for consideration. OCTOBER 14, 1997 COUNCIL MINUTES - 525 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS 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." REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - 1. Encroachment Aqreement - CENTRE WARD It was resolved: "That subject to the issuance of a sign permit, the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of the property municipally known as 222 King Street East and the tenant operating Uechi-Ryu Academy of Karate, therein, to permit the installation of a projecting sign as it encroaches 4", more or less, over the King Street East road allowance." 2. Consent and Waiver of Notice - SOUTH WARD Councillor T. Galloway pointed out that he had previously asked for the actual municipal address to be included in staff recommendations of this nature. Mr. J. Shivas advised that he would ensure a municipal address was included in future. Councillor Galloway questioned the purpose of the issue and Mr. J. Shivas advised that the action related to ensuring that no City lands were involved. It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and draft reference plan to expedite an Application for First Registration under the Land Titles Act by Prosperity Homes Limited respecting lands described as Block 131, Registered Plan 1770, designated as Part 1 on the draft reference plan." 3. Sale of Tickets The Committee was in receipt of a request from the United Way of North York requesting permission to sell raffle tickets in the City of Kitchener. The Manager of Licensing advised by memorandum that staff had been made aware that none of the proceeds will be staying in the City of Kitchener. On motion by Councillor G. Lorentz, It was resolved: "That the City of Kitchener has no objection to the United Way/Zerox Canada Limited of North York, Ontario, selling raffle tickets in the City of Kitchener." 4. Tenders The tenders were dealt with under delegations. 5. Provincial Transfer of Responsibility for Ambulance Service The Committee was in receipt of correspondence from Wayne Morriss, President, Kitchener- Waterloo Regional Ambulance (1987) Inc. regarding the proposed transfer by the Province of responsibility for ambulance service. In this regard, Mayor R. Christy requested Council consideration of a proposed resolution from the Ontario Ambulance Operators Association Inc. OCTOBER 14, 1997 COUNCIL MINUTES - 526- CITY OF KITCI:IENER COUNCIL MINUTES OCTOBER 14, 1997 - 526- CITY OF KITCI:IENER OCTOBER 14, 1997 REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES - 526 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Provincial Transfer of Responsibility for Ambulance Service (Cont'd) Fire Chief J. Hancock indicated that he had not had a chance to discuss this issue and commented on the effect of the resolution. Mr. W. Morris appeared as a delegation in support of his submission and noted that the issue related to Provincial Bill 152 which provides for significant amendments that would affect ambulance services and the transfer of funding responsibility from the Province to the Regional Municipality. He commented on the options available relative to provision of future service and expressed concern over the possibility of such service being compromised. On motion by Councillor B. Vrbanovic, It was resolved: "WHEREAS it is desirable to maintain a high quality accessible and seamless means of providing prehospital health care services; AND WHEREAS such services in the Province of Ontario are being restructured in order to provide better and more affordable services including changes that have resulted in a shift in the responsibility for Emergency Medical Services from the province to the municipalities; AND WHEREAS it is recognized that the nature of Emergency Medical Services as an integrated and highly technical discipline is separate and distinct from other community- based emergency services; THEREFORE, in recognition of the foregoing, we the City of Kitchener call upon all levels of government to recognize Emergency Medical Services as having a unique and distinct identity within the family of emergency services offered to the public. AND FURTHER that a copy of this resolution be forwarded to the Ontario Ambulance Operators Association Inc." 6. Renewal Licence Aqreement - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to sign a renewal licence agreement with Chad Krulicki for the operation of a student cafe at 79 Joseph Street for a one year term." 7. Refreshment Stand Licence It was resolved: "That the Kitchener Eagles Minor Hockey Team be granted permission to operate a refreshment stand from October 25-26, 1997, inclusive, at the Canadian Tire, 563 Highland Road West, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained and further, that the nominal fee of $1.00 be applicable." OCTOBER 14, 1997 COUNCIL MINUTES - 597- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 14, 1997 - 597- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Refreshment Stand Licence It was resolved: "That St. Jude's School, 419 Phillip Street, Waterloo, Ontario, be granted permission to operate a refreshment stand from October 17-19, 1997, inclusive, at Zehrs, 700 Strasburg Road, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained and further, that the nominal fee of $1.00 be applicable." COUNCIL MINUTES OCTOBER 14, 1997 - 527 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Massaqist Licences - New It was resolved: "That Ms. Margaret Harman be granted a massagist licence for the year 1997, and further; That Ms. Joan Jackson be granted a massagist licence for the year 1997, and further; That Ms. Teresa Kingswell be granted a massagist licence for the year 1997." 10. Ralqreen Crescent - Request for Proposals Mayor R. Christy advised that he wished to propose a motion which would call for proposals from a consulting firm or consortium of firms that would assist in resolving the issues of concern to residents on Ralgreen Crescent. Councillor T. Galloway stated that he was in agreement with the intent of bringing the matter to resolution. In regards to the investigations that have taken place to date, he stated that it was his understanding that the City has been cost-sharing with the Ministry of the Environment and he questioned if the Ministry would be prepared to continue such participation to resolve the issue as proposed by Mayor Christy. Mr. J. Witmer advised that he would pursue this matter with the Ministry and advise Council. Mayor R. Christy commented on the controversial nature of the problems on Ralgreen Crescent and stated that it was important to obtain a consultant that would handle the matter, also address the issue of mistrust and move the matter forward to resolution. Councillor B. Vrbanovic stated that he supported the proposed motion of Mayor Christy and that it was his understanding that residents have encountered some challenges with respect to their issues of concern. Mayor Christy stated that it was his understanding the City has been waiting for the residents' environmental consultant to come forward with a report that would assist in the process. Councillor G. Lorentz stated that he supported the Mayor's motion and commented that it was important to find ways to bring back trust regarding this matter and move the issue forward to resolution. On motion by Mayor R. Christy, It was resolved: "That Council authorize J. Gazzola, Chief Administrative Officer, to call for 'Request for Proposals' from consultant firms or a consortium of consultant firms for the Ralgreen OCTOBER 14, 1997 COUNCIL MINUTES - 528- CITY OF KITCHENER COUNCIL MINUTES OCTOBER 14, 1997 - 528- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Crescent issue to: 1) review all the technical information 2) bring all interested parties to the table 3) define and cost all the alternate solutions and options in order to bring this complex issue to a resolution."