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HomeMy WebLinkAboutCtee of the Whole - 1989-06-19CWO1989-06-19 COMMITTEE OF THE WHOLE MINUTES JUNE 19, 1989 A. 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." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Proclamation/Banner Request It was resolved: "That the week June 26th to July 2nd, 1989, inclusive be proclaimed 'Multicultural Week' in Kitchener, provided that if publication of this proclamation is requested, same be done at no additional cost to the City. Further, that the 22nd Annual Multicultural Festival to be held in conjunction with Canada Day at Victoria Park during the Canada Day Weekend of July 1st and 2nd, be declared a Civic Celebration. Further, that in conjunction with the Multicultural Festival to be held over the Canada Day weekend, the Kitchener Waterloo Regional Folk Arts Multicultural Centre be granted permission to have a banner erected on King Street at Frederick/Benton Streets from Monday, June 26, 1989 to Monday, July 3, 1989. Further that any costs associated with the erection and removal of the banner will be at no additional cost to the City." 2. Banner Requests a) Kitchener Minor Soccer It was resolved: "That in conjunction with The Mutual Group International Soccer Tournament to be held in Kitchener on August 12th and 13th, 1989, Kitchener Minor Soccer be granted permission to have a banner erected across King Street at Frederick/Benton Streets from Tuesday, July 25th to Monday, August 14th, 1989 inclusive. Further that this organization make necessary arrangements with the Department of Parks and Recreation for the erection and removal of the banner and the payment of any costs associated therewith. And further, that item B.1 of the Committee of the Whole Minutes approved by City Council May 23, 1989, be rescinded." b) Annual Sidewalk Sales - KDBA This item as listed on the agenda was redundant as the matter was already dealt with at Council's May 23rd meeting. c) Spinal Health Week It was resolved: "That in conjunction with Spinal Health Week to be held in Kitchener from May 1 to May 7, 1990, the Waterloo Regional Chiropractic Society be granted permission to have a banner erected on King Street at Frederick/Benton Streets from April 23rd to May 7th, 1990, inclusive. Further that this organization make the necessary arrangements with the Parks and Recreation Department for the erection and removal of the banner and the payment of any costs associated therewith." COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 3. Execution of Enqineerinq Aqreement - VICTORIA PARK & STANLEY PARK WARDS It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and K.J. Behm & Associates Inc., regarding Cherry Street Extension." - and - "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Cumming Cockburn Limited, regarding Breckenridge Drive Townhouses." 4. Monte Carlo Licence It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Guelph Lions Club for a Monte Carlo Event to be held at Bingeman Park Farms, Kitchener on August 9, 1989." 5. Proclamation - Civic Holiday It was resolved: "That Monday, August 7, 1989, be proclaimed 'Civic Holiday' in the City of Kitchener and that the City Clerk be instructed to insert the necessary advertisement in the Kitchener-Waterloo Record." 6. Bell Canada Easement - WEST WARD It was resolved: "That the Mayor and Clerk be authorized to execute a grant of easement in favour of Bell Canada over lands designated as Part 1, Plan 58R-6337." 7. Fence Variances - WEST & SOUTH WARDS Alderman Zehr expressed concern over the variances being approved by the Committee of Adjustment and suggested that the individual requests should be looked at with greater diligence on the part of City Staff before staff recommendations are placed before the Committee. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 30, 1989, recommending approval of Submission No. F 1/89 - Ross Campbell- Be Ratified and Confirmed." - and - "That Submission No. F 2/89 - Rob & Michele Way - Be Ratified and confirmed." - and - "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of June 13, 1989, recommending approval of Submission No. F 3/89 - Bob Schmidt - Be Ratified and Confirmed." COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 8. Proposed Local Improvements - FOREST WARD It was resolved: "That pursuant to the Local Improvement Act, and subject to Ontario Municipal Board approval, Kitchener Council grant the petitions of Mr. D. Smith et al for the following works: a) Sanitary Sewer and Connections on both sides of West Acres Crescent from 3.86 m. north of the southerly limit of Lot 227, R.P. 1448 and 15.85 m. north of the southerly limit of Lot 7, R.P. 864 to the northerly limit of Lot 233, R.P. 1448 and the northerly limit of Lot 9, R.P. 864. b) Sanitary Sewer Connections on both sides of West Acres Crescent from the northerly limit of Lot 221, R.P. 1448 and the southerly limit of Lot 5, R.P. 864 to the northerly limit of Lot 226, R.P. 1448 and 15.85 m. north of the southerly limit of Lot 7, R.P. 864. c) Class III Pavement, Concrete Sidewalk, Watermain and Connections on both sides of West Acres Crescent from the southerly limit of Lot 221, R.P. 1448 and the southerly limit of Lot 5, R.P. 864 to the northerly limit of Lot 233, R.P. 1448 and the northerly limit of Lot 9, R.P. 864." 9. Consent & Waiver of Notice - SOUTH WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and Draft Plan to expedite a Certificate of Titles Act Application by 805374 Ontario Ltd. with respect to lands described as Part of Lot 11, Richard Beasley's Old Survey, to be designated as Part 1 on a Future Reference Plan." 10. Raffle Lottery Licence It was resolved: "That the Forest Hill T-Ball Association of Kitchener be granted permission to conduct a Raffle Lottery at Wilson Park, Kitchener, on August 6, 1989, with all proceeds to be used to offset expenses of the Canadian Open T-Ball Tournament to be held in Kitchener from August 4-7, 1989." 11. Ministry of Transportation - Section 40 Agreement - SOUTH WARD It was resolved: "That the Ministry of Transportation of Ontario not be required to execute a formal Section 40 Development Agreement DP 88/176/JG for development of its patrol yard on Sportsworld Drive, in view of their obtaining all of the approvals as required by the Planning Report save and except the formal execution of an Agreement." 12. K-W Oktoberfest - Proclamation It was resolved: "That the period of October 6 to 14, 1989 representing the dates during which K-W Oktoberfest will be held in the City of Kitchener, be proclaimed a period of Civic Celebration." COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 13. Consents- Industrial Land It was resolved: "That the City consent to a debenture from Apex Metals Inc. to The Royal Bank of Canada for the property designated as Part 9, Plan 58R-5456 and municipally known as 1351 Strasburg Road, Kitchener." - and - "That the City consent to a lease from Fasan Holdings Inc. to OHG Canada Eastern Inc.; a lease to Don Waechter Trucking; a lease to Foto-Motion Inc. and a Lease to Tazmar Glass and Mirror for space at the property described as Parts 7 & 26 on Reference Plan 58R-5456 and municipally known as 125 McBrine Place, Kitchener, subject to applying for and obtaining occupancy certificates." 14. Encroachment Aqreement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of 1225 Courtland Avenue East, Kitchener to legalize the encroachment of a building upon an existing easement." 15. Detweiler Greenwa¥ - Consultant Selection It was resolved: "That the City waive its normal procedure for the selection of consultants and retain Paragon Engineering Ltd. to provide the design and construction supervision for the construction of the Highland Road Storm Culvert crossing Highland Road in conjunction with the Brubacher Farm Subdivision, Highland West Community." 16. Mementoes The Committee accepted a report for information outlining the method by which Mementoes are distributed by the Mayor's Office. Mayor Cardillo indicated that a reduction has occurred in such distributions. 17. Low Rise Rehabilitation Proqram It was resolved: "That the Council of the City of Kitchener requests an allocation of 150 units under the Low Rise Rehabilitation Program (L.R.R.P.) to be administered pursuant to our Municipal Agreement with the Ministry of Housing dated August 25, 1986." 18. Pre-Gradinq Requests It was resolved: "That Monarch Construction Limited be allowed to pre-grade Phase I of Beechwood Forest North Stage II prior to Draft Plan approval subject to the provision of an acceptable tree saving plan, archeological study and approval of the Grand River Conservation Authority. It is to be understood by Monarch Construction Ltd. that such grading shall be at their sole risk and liability." - and - COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 18. Pre-Gradinq Requests (Cont'd) "That Voisin Developments and Coscan Development Corporation be allowed to pre-grade their lands in the Laurentian Heights West area on Ottawa Street south of the Conestoga Parkway and west of Fischer-Hallman Road subject to the provision of an acceptable tree saving plan, archeological study and approval by the Grand River Conservation Authority. Topsoil and seed is to be replaced in 1989 on those areas which will not be serviced in 1989. Further, that Voisin Developments and Coscan Development Corporation undertake this grading at their sole risk and liability." 19. G.R.C.A. Capital Project Priorities 1990-1994 It was resolved: "That the following City of Kitchener projects be included in Grand River Conservation Authority's 1990-1994 Project Forecast: 1 ) Schneider Creek i) Pre-engineering Study $ 50,000. This study is required to determine the future alignment, grade and crossection of Schneider Creek from approximately 230 metres downstream of Manitou Drive upstream to the Conestoga Parkway. ii) Improve Creek from C.N.R. Manitou Drive 895,000. Huron spur to 230 metres downstream from This project and the following project (iii) and (iv) are required to reduce flooding on private lands and to eliminate railway washouts that occur on a regular basis. In the Balzer Road area there is one road crossing and three railway crossings of Schneider Creek. All the pipe crossings are considered to be undersized. The rail washouts have the potential to cause disruption to industry by the interruption of rail service. iii) Improve creek from Balzer Road to the Industrial replacement of the Balzer Road, C.N.R. spur culverts 930,000. Park Spur including iv) Improve creek from 490 metres upstream of Balzer Road to Balzer Road, including C.N.R. culvert upstream of Balzer Road. 595,000. 2) Laurel Creek Laurel Creek from Weber Street in Waterloo to the Grand River is presently the subject of a Preliminary Engineering Study being carried out by the G.R.C.A. The following projects (i) and (ii) will be identified within the report. i) Provide erosion protection from Bridge Street to Carisbrook Drive 1,200,000. ii) Provide erosion protection from Shirk Place to Bridge Street 1,200,000. COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 19. G.R.C.A. Capital Project Priorities 1990-1994 3) Improvement to public lands alonq the Grand River between No. 8 Highway and Old Kin.q Street This area has been in a derelict state for many years and presently is subject to review under the Grand River Corridor Study. As well as physical improvements that will certainly be recommended as part of that plan, consideration should also be given to strategic property acquisition on the east bank of Old King Street." 20. Waste Management Jurisdiction - Regional Report E.R. 89-124.1 It was resolved: "That the City of Kitchener support the recommendations of Report E.R. 89-124.1 dated May 17, 1989, with respect to Waste Management Jurisdiction." 21. A.M.O. Contribution A motion by Alderman J. Ziegler that the City contribute $764.00 to the Association of Municipalities of Ontario representing a one time special contribution in the amount of 1/2 cent per capita of population towards the development and implementation of a public communications program which would convey to the public the concerns of the municipalities on the Provincial Government's announcement to freeze unconditional grants and continue its shift of Provincial responsibilities to municipalities, was LOST on a recorded vote. Aldermen J. Ziegler, J. Smola and G. Leadston voted in favour of the motion, while Mayor D.V. Cardillo and Aldermen B. Stortz, M. Yantzi, C. Zehr, B.M. Hiscott, G. Lorentz and C. Weylie voted in the negative. 22. Natural Gas Rates It was resolved: "That City Council approve the rates for natural gas as approved by the Ontario Energy Board, and more particularly set out in the attached schedules, effective June 1, 1989." 23. Request to Change Consulting Engineers It was resolved: "That subject to the firm of Proctor & Redfern Limited releasing the City from its engineering agreement, we concur with the request of I.C.I. Realty Development Inc. that the services of Proctor & Redfern, with regard to Lackner Woods Subdivision, Phase I, R.P. 1647 excluding the Pumping Station, forcemain, and related appurtenances, be terminated and that Paragon Engineering Limited retained to complete such engineering services. Further, that the Mayor and Clerk be authorized to execute a new agreement providing for engineering services with Paragon Engineering Limited and respecting the Lackner Woods Subdivision, Phase I, R.P. 1647." 24. C.A.W. - Raffle Lottery Request This item was dealt with under Delegations. 25. Potential Special Events - 1990 25. With respect to the proposal to co-host the 1990 Ontario Summer Games, Mr. Graham advised that it should be anticipated that costs Potential Special Events - 1990 COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) in-kind would be incurred in order to assist the organizers in carrying out successful games. It was resolved: "1. That the City of Kitchener supports and agrees with the submission of a bid by the Kitchener Ranger Hockey Club for hosting the 1990 Memorial Cup at the Kitchener Memorial Auditorium Complex as outlined in a report to Council by F. Graham dated June 12, 1989. 2. (a) That the City of Kitchener invite the City of Waterloo to be a co-host for the 1990 Ontario Summer Games; (b) That the Province be advised that the City of Kitchener is prepared to submit a bid outlining competition proposals to host and support the games in accordance with bid guidelines. (c) That prior to notifying the Province that the respective sport organizations be contacted to ensure their agreement and commitment to the games." 26. Offer to Purchase - STANLEY PARK WARD Alderman Hiscott requested that before the City offered 1540 Victoria Street North for sale that Council be advised of its appraised value before a sign was placed on the property advertising sale. Following further discussion, Mr. McKay advised that the property was the former Fire Hall Site and Council was previously advised that the site was surplus to the City's needs and that staff would be proceeding to dispose of it. It was resolved: "That we decline the unsolicited Offer from Gord Bartlett, In Trust, through Peak Realty Ltd., to purchase City-owned property described as Part 1, Plan 58R-2377 and municipally known as 1540 Victoria Street North, Kitchener. And further, that the City's Land Purchasing Officer be authorized to advertise this land for sale in accordance with the City's present policies including payment of commission, where applicable." 27. Various Tenders It was resolved: "That tender T89-4, Slurry Seal Resurfacing, be awarded to Miller Paving Limited, Unionville at their tendered price of $84,240." - and - "That tender T89-28, one 27,216 lb. Excavator, be awarded to Robren Equipment Limited, Waterloo at their tendered price of $146,450." - and - COMMITTEE OF THE WHOLE MINIYPES JUNE 19, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 27. Various Tenders (Cont'd) "That tender T89-32, Schneider Trunk Sanitary Sewer - Phase III, be awarded to Elgin Construction, a Division of 743570 Ontario Limited, St. Thomas at their tendered price of $3,615,017.27. Approval for this project has been received from the Ontario Ministry of the Environment." - and - "That tender T89-33, King Street Reconstruction (Frederick to Scott Streets) be awarded to D. Martin Excavating Limited, Elora at their tendered price of $763,945." - and - "That tender T89-34, Fleet Vehicles, be awarded as follows: CK-306 for three 1,500 lb. payload pick-up trucks to: Parkway Ford Sales, Waterloo CK-242 for three 10,000 lb GVW crew cabs and chassis to: Parkway Ford Sales, Waterloo CK-197B for four 8,600 lb. GVW cab and chassis to: Parkway Ford Sales, Waterloo CK-254A for one 4,400 lb. GVW four wheel drive pick-up to: Parkway Ford Sales, Waterloo 5. CK-92A for five 6,600 lb. GVW window vans to Wendell Motors, Kitchener." - and - "That tender T89-36, five dump trucks complete with snow plowing equipment, be awarded to Kirby International Trucks Ltd., Kitchener at their tendered prices." - and - "That tender T89-37, Turf Equipment, be awarded as follows: Item #1 - Four 60" self-propelled riding front mounted rotary mowers to G.C. Duke Equipment Ltd., Burlington at their tendered price of $47,860. Item #2 - Three 15 h.p. turf tractors with mowing attachments to V Quip Inc., Burlington at their tendered price of $31,248. Item #3 - One 19 h.p. diesel turf tractor with mowing attachment to V Quip Inc., Burlington at their tendered price of $11,951 ." - and - "That tender T89-43, Henry Sturm Greenway, Xlll, be awarded to Brantford Engineering Limited, Brantford at their tendered price of $936,635."