HomeMy WebLinkAboutCtee of the Whole - 1990-07-09CW~1990-07-09 COMMITTEE OF THE WHOLE MINUTES JULY 9, 1990 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. Association of Municipalities of Ontario - 1990 Conference - Votinq Accreditation It was resolved: "That Alderman G. Lorentz, Alderman G. Leadston, Mr. T. McKay, and up to three other Members of Council who might be able to attend be appointed as voting delegates of the City of Kitchener for purposes of the 1990 Annual Conference of the Association of Municipalities of Ontario to be held at the Royal York Hotel, Toronto, from August 19th to August 22nd, 1990." 2. Lease - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Lease from the Ukrainian Catholic Church of the Transfiguration, dated June 1, 1990, to allow the City to use a portion of their parking lot for employee parking for a term of 3 years commencing on June 1, 1990 for rent in the sum of $325.00 per month." 3. Proclamation - Civic Holiday It was resolved: "That Monday, August 6, 1990, 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." 4. K-W Oktoberfest It was resolved: "That K-W Oktoberfest to be held October 5 to 13, 1990, be proclaimed a period of Civic Celebration. Further, that Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate $2.00 coins as trade dollars within Kitchener from July 1, to October 31, 1990." 5. Variance to Municipal Code (Siqns) - STANLEY PARK WARD This item was dealt with under Delegations. 6. Conveyance - FAIRVIEW WARD It was resolved: "That the City convey, for nominal consideration, to The Regional Municipality of Waterloo for road widening purposes, Part 4 on Reference Plan 58R-6301, and further that the Mayor and Clerk be authorized to execute all necessary documentation." 7. Easement - FAIRVIEW WARD It was resolved: COMMITTEE OF THE WHOLE MINUTES J U LY 9, 1990 "That the Mayor and Clerk be authorized to execute an easement in favour of The Regional Municipality of Waterloo for the purposes of a liquid sludge forcemain through City lands on Manitou Drive described as Part Lot 3, Registrars Compiled Plan No. 1521 ." 8. Appointment of Actinq Mayor It was resolved: "That in the absence of His Worship Mayor Cardillo, Alderman C. Zehr be appointed Acting Mayor for the period August 4th to August 9th, 1990, inclusive." 9. Industrial Consents - FAIRVIEW WARD It was resolved: "That the City consent to a lease from Waechtersbach Canada Limited to Trim-Line of Kitchener Waterloo and Gregory Drodge of the property described as Part 6 on Reference Plan 58R-5849 and municipally known as 565 Trillium Drive, Kitchener, subject to applying for and being issued an occupancy certificate." -and- "That the City consent to a mortgage increase from A & H Metal Products Inc. to CIBC Mortgage Corporation for the property designated as Parts 2 and 11 on Reference Plan 58R-5349 and municipally known as 172 Shoemaker Street, Kitchener." 10. Subdivision Aqreement Release - SOUTH WARD It was resolved: "That compliance with Section 67. of the Subdivision Agreement registered as Instrument Number 556587 be waived and that Lot 35, Registered Plan 1404 be released from the obligations under the said Section." 11. Budd Canada - Request for Support It was resolved: "That we endorse the position outlined in the letter dated May 24, 1990, from Mr. H. Bowler, President and General Manager, Budd Canada Inc. to the Right Honourable Brian Mulroney, Prime Minister of Canada, concerning the Auto Parts Industry and in particular a request to increase the North American content requirement in the Canada - United States Free Trade Agreement from 50% to 60%." 12. Request for Kitchener Hearinqs on GST It was resolved: "That we support the request of the Waterloo Regional Labour Council that the Standing Senate Committee on Banking, Trade and Commerce schedule a Hearing on the Goods and Services Tax in the City of Kitchener, in addition to its Hearings to be held in Toronto on July 19-20, 1990 and that the Clerk of the said Committee be so advised." 13. Appointment - North Waterloo Housinq Authority It was resolved: "That we adopt the resolution passed by the Board of Directors of Kitchener Housing Inc. on February 27, 1990 that Sybil Frenette be the City's representative on the North Waterloo Housing Authority for a term to expire November 30, 1991. And further, that this appointment become effective immediately." COMMITTEE OF THE WHOLE MINUTES J U LY 9, 1990 14. Tenders 14. Alderman B.M. Hiscott expressed some concern with the wording of the document pertaining to E90-65, Expression of Interest - Architect's Services for two neighbourhood community centres. Tenders (Cont'd) It was resolved: "That tender T90-60, Residential Water Heaters (Power Vent), be awarded to Wesmech Technical Sales Inc., Etobicoke, Ontario at their tendered price of $229,600. - and - "That tender T90-61, Residential Water Heaters (Conventional), be awarded to GSW Water Heating Company, Fergus, Ontario, at their tendered price of $642,000." - and - "That Expression of Interest E90-65, Architect's Services Two Neighbourhood Community Centres, be awarded to Snider, Reichard, March, Waterloo, to provide architectural services as identified in the terms of reference supplied, subject to an acceptable contract being negotiated and an upset fee established." 15. Proposed Bicycle Race - Downtown Kitchener It was resolved: "That Top Down Sports Promotions be permitted to conduct a bicycle race in the downtown area of the City of Kitchener on Thursday, August 16, 1990, on Duke Street, Water Street, King Street and Ontario Street, subject to the Region of Waterloo approving the use of Duke Street for the race, - and - That Top Down Sports Promotions provide the necessary liability insurance for this event, and the Downtown Business Association incur all costs to effect the closures, - and further - That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted." 16. Appointments to Economic Development Advisory Committee Alderman B.M. Hiscott advised the Committee that not enough nominees were received for appointment to the Economic Development Advisory Committee and consequently, the matter has been withdrawn and will be resubmitted at a later date. 17. Removal of Requirement for Sidewalk Installation - WEST WARD It was resolved: "That notwithstanding the provisions of Section 65, of the Residential Subdivision Agreement dated the 13th day of May, 1980 and registered as Instrument Number 702401, the portion of Street 5 now known as Caprice Court be not required to have a sidewalk and; those properties specifically Lots 19, 20, 21 and Block 62 on Registered Plan 1680 be allowed to receive releases from said Section 65. Further, be it resolved that a ramp be installed from Caprice Court to the walkway which is Block 61 on Registered Plan 1680." 18. Bill 20 - Development Charqes Act COMMITTEE OF THE WHOLE MINUTES J U LY 9, 1990 It was resolved: "WHEREAS the Ontario Home Builders' Association and the K-W Home Builders' Association have approached the City with their concerns as to the legality of the Development Charges Act and in particular Part III thereof; 18. 19. 20. 21. Bill 20 - Development Charqes Act (Cont'd) WHEREAS it is questioned whether the Development Charges Act complies with the Constitution and the Charter of Rights and Freedoms; and WHEREAS the City and all other Municipalities have been put on notice that they face a legal challenge to their By-law if any By-law is passed pursuant to the Development Charges Act. BE IT RESOLVED that the City request the Province to consider a Reference of the legal questions involved to the Supreme Court in order to resolve expeditiously the questions raised by the Ontario Home Builders' Association and the Kitchener- Waterloo Home Builders' Association; In the alternative, in the event that the by-law of any Municipality is challenged, then the Province be asked to relieve any individual Municipality from the financial burden involved in such a legal challenge; and That this resolution be forwarded to the Honourable David R. Peterson and to the Association of Municipalities of Ontario." Quit Claim Deed re: 43 Waverl¥ Road The Committee considered a memorandum dated July 5, 1990 from L. MacDonald, Assistant City Solicitor, advising of a request from Lee Sauer, solicitor for the purchasers of 43 Waverly Drive, requesting that the City execute a Quit Claim Deed releasing its interest in the property in order to facilitate a transfer. It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed in favour of the registered owners of 43 Waverly Road, quit claiming the City's interest as set out in Instrument Nos. 30948, 44853 and 71368." Revision to Consent - 15 Howard Place The Committee considered a memorandum dated July 5, 1990 from Mr. J. Shivas, Assistant City Solicitor, which advised of a typographical error in the resolution passed by City Council on July 17, 1989 concerning 15 Howard Place. It was resolved: "That resolution B.8 of the Committee of the Whole minutes passed by City Council at its meeting of July 17, 1989 whereby the City granted its consent to the transfer of the property designated as Part 5, Plan 58R-3388 and municipally known as 15 Howard Place, Kitchener, be amended by deleting the word 'Limited'." Offer to Purchase - Kitchener Housinq, Inc. It was resolved: "That we accept the offer of Kitchener Housing Inc. to purchase from the City, lands on Joseph Street being Lots 6, 7, 8, 9, 10, Part Lot 5 and Part Lot 11, according to Registered Plan No.427, Heins Survey, being designated as Part 1 on Reference Plan 58R-5773 for the sum of $375,000." COMMITTEE OF THE WHOLE MINUTES J U LY 9, 1990