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HomeMy WebLinkAboutCouncil Minutes - 2004-11-29COUNCIL MINUTES NOVEMBER 29, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Smola. The meeting began with the singing of "O Canada" by the Inter-Mennonite Children's Choir. On motion by Councillor G. Lorentz, the minutes of the regular meeting held November 8, 2004 and special meetings held November 8 and 22, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. David Johnston, President, University of Waterloo, provided an update on the Downtown Health Sciences Campus, School of Pharmacy project and to thank members of Council for their leadership, vision and support. He called forward each member of Council to receive a gift of a portfolio embossed with the title of 'Downtown Health Sciences Campus, School of Pharmacy'. Mr. Johnston also presented Mr. John Milloy, MPP, with a copy of the portfolio, acknowledging his instrumental role in obtaining government approvals for the School of Pharmacy from the Ministry of Health and the Ministry of Training, Colleges & Universities. Mr. J. Milloy commented on the challenges and excellence of the team that worked with him in successfully achieving the necessary government approvals. Mr. D. Johnston announced the project's first community partner, the Lyle S. Hallman Foundation (LSHF). Messrs. Stanley Nahrgang and Jim Hallman, attended on behalf of the Lyle S. Hallman Foundation. Mr. Nahrgang advised that the Foundation, established by the late Lyle S. Hallman, focuses on addressing issues facing children and families in Waterloo Region in an effort to assist them in attaining a better future. He stated that the Foundation continually seeks out innovative initiatives for youth and is pleased to provide financial support to the School of Pharmacy project. Mr. J. Hallman announced that the Foundation will donate $3 M to establish an endowment fund for the Directorate of the School and thanked Council for its foresight and leadership in pursuing this initiative. Mr. D. Johnston presented additional copies of the portfolio to representatives of the Foundation and members of the Lyle Hallman family in attendance this date. Mr. Jake Thiessen, Founding Director of the School of Pharmacy, commented on the rare opportunity given to create a cutting edge school and the benefits to be realized. Mayor C. Zehr extended congratulations to all those who worked collectively on this project and in particular, acknowledged the donation of the Lyle S. Hallman Foundation; the spirit of co-operation extended throughout negotiations by the University of Waterloo; and City Councils' courage in providing the financial support necessary to carry the project forward. Mayor C. Zehr presented the Governor General's Certificate of Commendation to Ms. Hannah Reid, a teenage resident of Kitchener. He noted that the Certificates are issued to persons who have made a significant difference in the lives of others by providing assistance in a selfless manner and Ms. Reid was recognized for her actions in saving the lives of her mother, aunt and family pet during their rescue after having fallen through the ice on Blackfish Bay (Kaminishkeg / Madawaska Waterway). All those present then stood to congratulate Ms. Reid in recognition of her heroic actions. Ms. JoAnn Hutchison, Ms. Angie Fritz, Ms. Lori Palubeski and Mr. Jeff Danylyk presented Parks & Recreation Ontario Community Service Awards to Kitchener Outdoor Winter Rink Committees. Ms. Hutchison advised that each year Parks & Recreation Ontario (PRO) recognizes and honours the achievements of those in the parks and recreation community who have enhanced the quality of life. Mayor C. Zehr and each of the six Ward Councillors presented the PRO awards and a letter of congratulations to representatives of the following community groups for their contributions to the growth of recreation and leisure opportunities for citizens within the community: Ward I · Bridgeport Community Centre · Guelph Park · George Lippert Park (nee Huron Park) · Weber Park 20+ yrs 20+ yrs 20+ yrs 20+ yrs COUNCIL MINUTES NOVEMBER 29, 2004 - 413 - CITY OF KITCHENER Ward 2 · Centreville-Chicopee Community Centre · Conway Park · Eby Park · Morrison Park 2 yrs 20+ yrs 20+ yrs 20+ yrs Ward 3 · Doon Pioneer Park Community Centre · Pioneer ParkWest · St. Aloysius School · Vanier Park 15 yrs 20+ yrs 20+ yrs 20+ yrs Ward 4 · Country Hills Community Centre · Elmsdale Park 5 yrs 20+ yrs Ward 5 · Forest Heights Community Centre · Lakeside Park · Admiral Park · Glendale Park · Timberlane Park 2 yrs 5 yrs 20+ yrs 20+ yrs 20+ yrs Ward 6 · Filsinger ParkWest · Mill Courtland Community Centre · Belmont Park · Victoria Hills Community Centre · Walter Street (King Edward) 2 yrs 8 yrs 20+ yrs 20+ yrs 20+ yrs Regional Councillor Jean Haalboom, Chair, and Ms. Liz Heinrichs, Member, Regional Heritage Planning Advisory (RHPA) Committee, presented findings of a study undertaken by the RHPA Committee, entitled 'Spanning the Generations: A Study of Old Bridges in the Region of Waterloo'. Councillor Haalboom stated that the disappearance of older bridges, without regard to their historical or architectural value, prompted the study which identifies remaining bridges and the significance they have to the quality of life and sense of community within the Region. Ms. L. Heinrichs presented an overview of the various types of bridges, their construction materials, history and location, as well as a pictorial of those considered to be the top 10 bridges within the Region. Councillor J. Haalboom then called on Mayor C. Zehr to come forward to receive an official copy of the Study on behalf of Council. Copies were also presented to Councillor M. Galloway, Chair, Heritage Kitchener, Mr. Gordon Stewart, General Manager of Development & Technical Services, and Mr. L. Bensason, Heritage Planner. Mayor C. Zehr thanked the delegation for their presentation and advised that the Study would be placed in the Councillors' Resource Library for reference. Messrs. Peter Ringrose and Matt Torigian presented a summary of 2004 initiatives of the Community Safety and Crime Prevention Council (CSCPC), which will celebrate its 10th anniversary in 2005. The CSCPC, in partnership with municipal government, citizens, community groups and services, focuses on crime prevention by dealing with root causes and by making crime prevention everyone's responsibility. The CSCPC provides a variety of support services, acting as a vehicle to connect people to people, mobilize and facilitate community efforts and to educate and advise its community partners. Highlights of the delegations' presentation included: details of a community survey on crime and crime prevention (The Kitchener-Waterloo Metropolitan Survey - 2003); and, an overview of CSCPC programs designed to assist efforts to increase safety and foster the well-being of all citizens. Mr. Ringrose concluded with an invitation to members of Council to attend the next regularly scheduled meeting of the CSCPC on December 10, 2004. Mr. Sunshine Chen attended in support of Item B.6 of the Committee of the Whole agenda of this date, regarding a decision of the Committee of Adjustment to approve sign variance application SG 2004-010 (185 Glasgow Street - Spatique). COUNCIL MINUTES NOVEMBER 29, 2004 - 414 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the application of Spatique (SG 2004-010 - 185 Glasgow Street) requesting permission to permit an automatic changing copy sign located within 6.5 m (21.32 ft.) of an intersection rather than the required 23 m (75.46 ft.) and located 15 m (49.21 ft.) from a residential zone rather than the required 150 m (492.12 ft.) on Lot 10, Plan 402, being Part 1, Reference Plan 58R-4475, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to the sign generally as shown on the plans submitted with this application. 2. That the proposed sign shall not face the residential zone(s)." Carried. Mr. Robert Picken was registered as a delegation to request a change in zoning for properties located on York Street to prohibit future multi-unit rental properties, but did not attend; however, Councillor C. Weylie advised that the delegation had presented at the November 22, 2004 Development & Technical Services Committee meeting concerning a Committee of Adjustment application by the property owner of 600 York Street for a minor variance to allow conversion of an existing dwelling into a triplex. The Committee of Adjustment denied the application in part because of opposition by area residents; however, residents remain concerned with the existing zoning that allows a triplex. In response to Councillor Weylie, Mr. J. Willmer, Director of Planning, explained that the existing Municipal Plan designation and zoning applied to the area was implemented to protect the building stock from demolition and speculative development. He advised that the Development & Technical Services Committee directed staff to involve the York Street residents in the site plan process should the planned triplex at 600 York Street proceed and staff are prepared to do so. He pointed out, however, that staff would have concerns with a change in zoning, in that, in order to defend such a change it would have to be proven the existing zoning has an adverse, injurious effect which would be difficult and it may set precedent for other inner-City neighbourhoods to come forward with similar requests. Councillor Weylie noted that she has received numerous complaints from residents regarding traffic problems in the area of York Street and requested that formal direction be given to staff to work with the applicant and area residents relative to the site plan process, as well as the residents' request for a change in zoning. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That staff be directed to work with the owner of 600 York Street in regard to traffic and other issues related to an application to convert the existing dwelling into a triplex and involve York Street residents in the site plan process should the planned triplex proceed; and further, That staff be directed to meet with York Street residents to discuss the issues concerning their request for a change in zoning for properties located on York Street to prohibit future multi-unit rental properties." Carried. Mayor C. Zehr asked whether any resident was in attendance regarding the proposed road closure by-laws listed on the agenda this date (9f and 9g) pertaining to Arlington Boulevard / King Street and Grove Drive. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. COUNCIL MINUTES NOVEMBER 29, 2004 - 415 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Councillor G. Lorentz referred to a request that he had made at the October 25, 2004 Council meeting for a breakdown of service, including markets and market potential, relative to the Regional Recycling Program. Mayor C. Zehr pointed out that a presentation was recently made by the Regional Waste Management Division regarding the recycling program and advised that he would obtain copies of the presentation for members of Council. Councillor J. Gazzola requested an update on the issue of ice skating on Victoria Park. Mr. F. Pizzuto, General Manager of Community Services, advised that in the short term skating will only be accommodated in the Commons area of the Park. In the long term, improvements planned for the lake water system may result in conditions which would allow ice skating once again on the lake. He pointed out that the issue is one of safety and staff will continue to monitor conditions. Councillor J. Gazzola raised concerns regarding the busing of Kitchener students from the Doon area along Highway 401 into Cambridge to attend school. He questioned what Council might do to support constituents in encouraging the School Board to permit all area students to attend the new secondary school (Huron Heights) to be built in Doon. Councillor M. Galloway expressed similar concerns and advised that the School Board would be meeting in the near future to consider the issue of increasing the size of the new school to accommodate more students and asked that any action Council may wish to take be delayed pending the outcome of the Board's decision. Councillor B. Vrbanovic commented that School Boards face a difficult challenge in having to close older schools to build new ones and suggested that a meeting with both School Boards be arranged to discuss a means of lobbying the Province for change in funding formulas to allow older schools to stay open. Mayor C. Zehr noted that he had already begun discussions with the School Boards relative to convening such a meeting. Councillor G. Lorentz also asked that a similar meeting be arranged with members of Regional Council to discuss issues of concern relative to delivery of services. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "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. 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) To authorize the construction of certain works on Rothsay Avenue as shown n Schedule 'A' hereto as local improvements. (e) To authorize the construction of certain works on Rothsay Avenue as shown n Schedule 'A' hereto as local improvements. COUNCIL MINUTES NOVEMBER 29, 2004 - 416 - CITY OF KITCHENER (f) Being a by-law to close and sell part of the public highways known as Arlington Boulevard and King Street in the City of Kitchener. (g) Being a by-law to close part of the public highway known as Grove Drive in the City of Kitchener. (h) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (i) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (j) Being a by-law to exempt certain lots from Part Lot Control - Part Block 1 and Blocks 2, 3, 4, 5 and 7 on Registered Plan 58M-291 - Anson Court. (k) Being a by-law to exempt certain lots from Part Lot Control - Lots 59, 60 and 61 and Part of Lots 62, 63, 64, 65, 66 and 67 on Registered Plan 1248 - Ralgreen Crescent. (I) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (m) 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. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz 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 B. Vrbanovic Seconded by Councillor J. Gazzola That the by-laws listed on the agenda for 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. 2004-214) (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. 2004-215) (c) To further amend By-law No. 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. (By-law No. 2004-216) NOVEMBER 29, 2004 (d) (e) (f) (g) (h) (i) (J) (k) (m) COUNCIL MINUTES - 417 - To authorize the construction of certain works on Schedule 'A' hereto as local improvements. To authorize the construction of certain works on Schedule 'A' hereto as local improvements. CITY OF KITCHENER Rothsay Avenue as shown in (By-law No. 2004-217) Rothsay Avenue as shown in (By-law No. 2004-218) Being a by-law to close and sell part of the public highways known as Arlington Boulevard and King Street in the City of Kitchener. (By-law No. 2004-219) Being a by-law to close part of the public highway known as Grove Drive in the City of Kitchener. (By-law No. 2004-220) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2004-221) To further amend By-law No. 2000-159, 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. 2004-222) Being a by-law to exempt certain lots from Part Lot Control - Part Block 1 and Blocks 2, 3, 4, 5 and 7 on Registered Plan 58M-291 - Anson Court. (By-law No. 2004-223) Being a by-law to exempt certain lots from Part Lot Control - Lots 59, 60 and 61 and Part of Lots 62, 63, 64, 65, 66 and 67 on Registered Plan 1248 - Ralgreen Crescent. Being a by-law to amend Chapter 101 respect to Appointment of Staff. (By-law No. 2004-224) of the City of Kitchener Municipal Code with To confirm all actions and proceedings of the Council. (By-law No. 2004-225) (By-law No. 2004-226) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned at 8:40 p.m. Carried. MAYOR CLERK COUNCIL MINUTES NOVEMBER 29, 2004 - 418 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the Kitchener Fire Department 'Standards of Response Coverage', dated October 2004, be adopted. That the recommendation from the Environmental Committee contained in Corporate Services Department report CRPS-04-203, dated November 18, 2004 regarding 'No Idling Zones' be deferred and referred back to the Environmental Committee in order that a long term comprehensive plan be developed on air quality in the City of Kitchener. That the Development & Technical Services Department be directed to initiate a Municipal Plan Amendment and Zone Change Application for 52 & 90 Woodside Avenue, working with all interested parties, to eliminate the current industrial land use policy and zoning; to encourage site remediation; and to promote residential re-use of the lands. That Zone Change Application ZC 04/05/R/CB, for Dalimat Investments Limited, to change the zoning on the subject lands, at the rear of Forest Glen Plaza, from Community Shopping Centre Zone (C-3) to Residential Nine Zone (R-9) with Special Use Provision 342U on lands legally described as Plan 1416 Block A, more particularly described as part of Part 1 and Part 2, Plan 58R2575, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated November 2, 2004, attached to Development and Technical Services Department report DTS-04-150, subject to 3 readings of the by-law being withheld until the following condition has been satisfied: a) That the applicant submit two (2) copies of a Record of Site Condition acknowledged by the Ministry of Environment to the Regional Municipality of Waterloo. In the event the Record of Site Condition is audited, the Regional Municipality of Waterloo must be advised by the Ministry of Environment that the requirements of the audit, if any, are completed to the satisfaction of the Ministry of Environment. That the City enter into an agreement with the Regional Municipality of Waterloo to install, operate and maintain all traffic control signals on municipal roads, subject to the satisfaction of the City Solicitor. That the inclusion of a total of $2,000,000 in capital funding over budget years 2005 and 2006 based on the following breakdown for the purchase and implementation of an Integrated Infrastructure Management System be referred to the Capital Budget Review Process: Budget Year 2005 - $1,500,000 with funding of $375,000 from each of C/C, Sanitary, Water and Gas Utilities; and, Budget Year 2006 - $500,000 with funding of $125,000 from each of C/C, Sanitary, Water and Gas Utilities; and further, That ongoing maintenance and operating/licensing costs of $200,000 be allocated corporately starting in budget year 2007 and that the inclusion of these funds be referred to the budget review process. That no action be taken with respect to allocating funds for a peer review of the Region's Light Rail Transit Environmental Assessment. COMMUNITY SERVICES COMMITTEE - That the Mayor and Clerk be authorized to execute a lease satisfactory to the City Solicitor with the current owner of the property located at 131 Victoria Street South in the City of Kitchener for the use of the lands for the purpose of providing monthly parking for City employees working out of the Bramm Street Operations Yard. That the request of the Cherry Park Neighbourhood Association to become an affiliated Neighbourhood Association with the City of Kitchener be approved. COUNCIL MINUTES NOVEMBER 29, 2004 - 419 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That $2,500. be allocated to the Youth Empowerment for Safety and Support (YESS) Project from the 2004 Safe and Healthy Community Advisory Committee (SHCAC) budget; and, That YESS report to the SHCAC in one year to provide statistics on the number of Kitchener residents served; and further, That the Cities of Cambridge and Waterloo and the Community Safety and Crime Prevention Council be encouraged to approve similar funding for the YESS Project. That the City of Kitchener support Kitchener Fastball Promotions in hosting the Canadian Junior Men's Fastball Team training and selection camp; and further, That a General Provision Grant be approved to Kitchener Fastball Promotions for in-kind services in the amount of $3,000. That the following recommendations be approved with respect to the Pedestrian/Cyclist Bridge crossing of the Highway 401 corridor: That Kitchener Council approves the funding of a one-third share of all future capital expenditures for the pedestrian/cyclist bridge with the remaining two-thirds funded by the Region of Waterloo and the City of Cambridge; and, That Kitchener enter into a legal agreement with the Ministry of Transportation, City of Cambridge and the Region of Waterloo that defines the terms and conditions of the capital funding for the pedestrian/cyclist bridge, subject to the approval of the City Solicitor; and, That Kitchener enter into a legal agreement with the City of Cambridge for the equal share funding of on-going maintenance with respect to snow clearing, cleaning, sign repair, etc., subject to the approval of the City Solicitor; and further; That the City of Kitchener be responsible for the construction and funding of the trail link between the Trans Canada Trail (Doon Valley Dr) and the pedestrian/cycling bridge abutting the Highway 401 right-of-way and that the City of Kitchener enter into a legal agreement with Conestoga College to secure an easement to provide the trail linkage, subject to approval of the City Solicitor. FINANCE AND CORPORATE SERVICES COMMITTEE - That The Regional Municipality of Waterloo be requested to execute the Millennium Partnerships Initiative Funding Agreement with the Province of Ontario by its Minister of Municipal Affairs and Housing for the Victoria/Park Street Improvements Project (the 'Funding Agreement'); and, That the Mayor and Clerk be authorized to execute the Agreement between The Regional Municipality of Waterloo and The Corporation of the City of Kitchener in a form satisfactory to the City Solicitor, pursuant to which the City will indemnify and be responsible for all obligations of The Regional Municipality of Waterloo under the Funding Agreement; and further, That the City of Kitchener's Chief Administrative Officer be authorized to sign and submit to the Regional Municipality of Waterloo any and all payment requests, reports, certificates and other documentation required to facilitate requests for disbursements pursuant to the Funding Agreement. That the request of the Centre in the Square for additional Capital Funding of $370,000, in 2005, for: additional funds for an Emergency Power Generator ($85,000), a Heating and Cooling Unit ($130,000), and KWAG C1301 Halon Fire Suppression System Replacement ($155,000), be added to the Capital Forecast and referred to the Capital Budget review. COUNCIL MINUTES NOVEMBER 29, 2004 - 42O - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That Council approve a By-law at its November 29, 2004 meeting to repeal and replace Chapter 730 (Kitchener Fire Department) of the City of Kitchener Municipal Code, in the form of the Draft By-law attached to Development and Technical Services Department report DTS- 04-168. That a new account be added to the Capital Forecast, for Urban Design Initiatives, in the amount of $100,000 per year, plus inflationary increases, for each of the 10 years of the forecast, as outlined in Development and Technical Services report DTS-04-178, and be referred to the Capital Budget review. That $60,000 in Year 2005 be added to the 10 Year Capital Forecast to allow repointing of brickwork at 122 Frederick Street (former Registry Building) as outlined in Corporate Services Department report CRPS-04-204, and be referred to the Capital Budget review. That the draft Council Policy titled 'Leasing Policy and Goals', as attached to Financial Services department report FIN-04-053, be approved. WHEREAS the province of British Columbia successfully provides a Property Tax Deferment Program allowing residents to defer payment of their annual municipal property taxes on their principal residence if they are: 60 years or older or a disabled person as defined by Regulation and are a Canadian Citizen or landed immigrant who lives in British Columbia; and, WHEREAS many Ontario seniors and disabled persons believed they had retired in good financial shape with a satisfactory fixed pension, only to discover over a period of time that: increases in auto insurance, the cost of home maintenance and repairs, steadily increasing municipal property taxes, and the development of holes in health care system, have started to erode their retirement savings; and, WHEREAS municipalities should provide a modern, innovative financing alternative to assist senior homeowners and disabled persons to remain living longer in their principal residences next to life long neighbours who indirectly provide them with a measure of safety, security, and friendship; and, WHEREAS a flexible program can be implemented for Iow income seniors and disabled persons to defer payment of, all or part of, their annual municipal property taxes utilizing the equity in their principal residence as security; and, WHEREAS this ability to defer payment of municipal taxes would, in effect, provide Iow income seniors and disabled persons with an additional amount of income to significantly supplement their annual pension income; and, WHEREAS this would allow senior homeowners and disabled persons to further enjoy the benefits of home ownership, improve their standard of living today, while using their home equity to pay property taxes tomorrow; and, WHEREAS a tax deferral program may not be right for everybody, it does allow each person to make the individual decision for themselves, and many seniors and disabled persons would appreciate knowing that a financial assistance plan has been designed by their municipality is in place should an unforeseen changes in their retirement finances circumstances occur; NOW THEREFORE BE IT RESOLVED that the Premier of the Province of Ontario, and the Minister of Municipal Affairs and Housing also responsible for Seniors, be implored to take immediate action to amend Section 319 of the Ontario Municipal Act that deals with Tax Deferrals for relief from financial hardships and introduce amendments to allow each single-tier and lower-tier municipality the opportunity to provide a Municipal Property Tax Deferral Program targeted towards Iow income seniors and disabled persons as defined by Regulation; and, COUNCIL MINUTES NOVEMBER 29, 2004 - 421 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That the Province of Ontario be encouraged to administer such a program centrally; and further, That a copy of this resolution be forwarded to all municipalities in Ontario with a population of 100,000 or more, and the Association of Municipalities of Ontario, for their support. That consideration of the request of Dariusz Wysocki to locate a hot dog cart at 385 Fairway Road, Kitchener, contrary to the provisions of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, be deferred and referred to the Finance and Corporate Services Committee meeting scheduled for December 6, 2004. COUNCIL MINUTES NOVEMBER 29, 2004 - 422 - 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. Licences i) Adult Entertainment Parlour Attendant It was resolved - "That Tanya Guelck, employed at 1412 Victoria Street North, Kitchener (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Agreement - Borehole Testinq - East Avenue Road Allowance It was resolved: "That the Mayor and Clerk be authorized to execute agreements with the property owner of 233 Pandora Crescent to permit drilling of boreholes in the adjacent East Avenue road allowance as well as facilitating the excavation on the property for which an encroachment onto the City property on a temporary basis is required." 3. Agreement - Borehole Testinq - River Road Road Allowance It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Suncor Energy Products Inc. to permit drilling of boreholes with monitoring wells in the adjacent River Road road allowance adjacent to 1015 Ottawa Street N., Kitchener." 4. Encroachment Aqreement Request - Driveway- 130 Doon Valley Drive 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 Lot 40 and Part of Lots 39, 48 to 50, Registered Plan 578 designated as Parts 2 and 7 on Reference Plan 58R- 4611, municipally known as 130 Doon Valley Dr., to legalize the existing encroachment of a driveway which encroaches approximately 11.40 square metres onto City property, more or less." 5. Declaration of Surplus Lands & Conveyance - Abuttin.q Grove Drive Council considered this date Corporate Services Department report CRPS-04-224 (L. MacDonald), dated November 29, 2004, concerning declaration of surplus lands abutting Grove Drive and to provide for conveyance thereof. The recommendation in this report contained an amendment to the recommendation in the agenda. It was resolved: "That a parcel of land located adjacent to Grove Drive described as Part of Lot 47, German Company Tract, being Part 1 on Reference Plan 58R-13851, in the City of Kitchener be declared surplus to the City's needs; and, COUNCIL MINUTES NOVEMBER 29, 2004 - 423 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Declaration of Surplus Lands & Conveyance - Abuttinq Grove Drive - (Cont'd) That Part 1 on Reference Plan 58R-13851 be conveyed for no consideration to 1465762 Ontario Limited, being the registered owner of the adjacent lands; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete this conveyance." 6. Committee of Adjustment Decision Dealt with under Delegations. 7. Sale of Tickets - Kniqhts of Columbus Council considered Corporate Services Department report CRPS-04-215 (R. Gosse), dated November 23, 2004, advising of no objection to the selling of tickets by the Knights of Columbus. It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus Councils 1504 and 9276, 110 Manitou Dr., Kitchener, Ontario, N2C 1L3, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's raffle draw to be held at the Doubletree International Plaza Hotel, 655 Dixon Rd., Etobicoke, Ontario on May 22, 2005." 8. Licence Aqreement - McCrory Associates Limited Council considered Corporate Services Department report CRPS-04-220 (F. McCrea), dated November 24, 2004, regarding execution of an agreement related to the closed road allowance known as Arlington Boulevard. It was resolved: "That the Mayor and Clerk be authorized to execute a licence agreement between the City and McCrory Associates Limited to permit McCrory to enter on the closed road allowance known as Arlington Boulevard and described as Parts 2, 10, 11, 12 and 13 on Plan 58R-14697 to install site services prior to the formal conveyance of this land to McCrory." 9. Lease A.qreement - City Hall Retail Space - Just Between Us Council considered a matter arising from in-camera discussion this date. It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, a 5-year lease agreement with an option to renew with el04 Inc., operating as Just Between Us, for the retail space located at City Hall in a form satisfactory to the City Solicitor." 10. Lease Agreement - City Hall Wedding Belle Chapel & Rose Chapel - Patricia Fretwell Council considered a matter arising from in-camera discussion this date. It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, a 3-year lease agreement with a conditional option to renew with Patricia Fretwell for the COUNCIL MINUTES NOVEMBER 29, 2004 - 424 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Lease Agreement - City Hall Wedding Belle Chapel & Rose Chapel - Patricia Fretwell - (Cont'd) Wedding Belle Chapel and Rose Chapel located in City Hall, in a form satisfactory to the City Solicitor." 11. Agreement of Purchase and Sale - 102 & 104 King Street West - Kitchener Multicultural Centre Inc. Council considered a matter arising from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the Agreement of Purchase and Sale for the sale of 102-104 King Street West, Kitchener, to the Kitchener-Waterloo Multicultural Centre Inc. to acknowledge that the City will provide a variable rate ten year mortgage to the Kitchener-Waterloo Multicultural Centre Inc. in the amount of $152,000. at the City's financing rates, rather than the originally proposed mortgage of $137,000. as set out in the resolution of July 2, 2003, as further modified by the resolution dated May 17, 2004."