HomeMy WebLinkAboutCtee of the Whole - 1991-07-15CW~1991-07-15
COMMITTEE OF THE WHOLE MINUTES
JULY 15, 1991
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. Engineering Agreement
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 Cumming
Cockburn Limited, regarding Parkside Place Subdivision, R.P. 1723."
2. Certification of Title Application - BRIDGEPORT NORTH WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice
and draft reference plan to expedite a Certificate of Titles Act Application by 496564
Ontario Limited, with respect to lands described as Part of Lots 6, 9 and 16, Samuel
Erb's Survey, Registered Plan 373, and Part of Lot 1, Registered Plan 290, City of
Kitchener, Regional Municipality of Waterloo."
3. Temporary Emergency Access and Turning Circle - SOUTH WARD
It was resolved:
"That the City accept and register a Deed for Lots 1, 2, 7, 8 and 9, Registered Plan
1663 with respect to the temporary emergency access and temporary turning circle on
condition that the Lots be reconveyed to the Transferor once they are no longer
required as a temporary emergency access and temporary turning circle;
And further, that the City Treasurer cancel any tax arrears which may have
accumulated with respect to these lots during the period during which the road
allowance and turning circle have been located thereon."
4. Master Proof of Loss
Alderman J. Ziegler questioned what the circumstances were respecting damages to a
power floor scrubber situate at the Auditorium and Mr. F. Graham advised that the
controls had malfunctioned resulting in the damage which was covered by the City's
Insurer.
It was resolved:
"That the Mayor and Clerk be authorized to execute a Master Proof of Loss in the
amount of $3,851.71 for damages to a power floor scrubber which occurred at the
Kitchener Memorial Auditorium on or about November 11, 1990."
5. K-W Oktoberfest
It was resolved:
"That K-W Oktoberfest to be held October 11th to 19th, 1991 be proclaimed a period
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of Civic Celebration."
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"That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate $2.00 coins as
trade dollars within Kitchener from July 1, 1991 to October 31, 1991 ."
6. Release of Special Development Clause - SOUTH WARD
It was resolved:
"That the Mayor and Clerk be authorized to execute a release of Section 67. of the
Subdivision Agreement registered as Instrument Number 556587 with respect to Lots
16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 32, 33, 34, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46,
47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 89, 90, 91, 93, 94, 95, 96, 100, 101, 102, 106,
107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123,
124, 125, 126, 127, 129, 130, 131, 132, 133, 134, Registered Plan 1404."
7. Kitchener Downtown Business Association - Resignation/Appointments
It was resolved:
"That we accept the resignation of Bert Nowak, General Manager, Valhalla Inn, from
the Kitchener Downtown Business Association Board of Management and at the same
time accept the nomination of Andy Lapins, National Bank of Canada, Tom Cahill,
Canada Trust Centre, Kirk McBride, Reggies Sandwich Factory, David Johnston,
Valhalla Inn and Dale Bilton, Canadian Imperial Bank of Commerce, as Directors of
the Board of Management for a term to expire November 30, 1991 ."
8. Proclamation - Civic Holiday
It was resolved:
"That Monday, August 5, 1991 be proclaimed 'Civic Holiday' in the City of Kitchener
and that the City Clerk insert the necessary advertisement in the Kitchener-Waterloo
Record."
9. Pizza Cart
This item was dealt with during consideration of the Parks and Recreation Committee
Report of this date. Clause #6 of the Committee Report had earlier been voted on and the
motion put forward by the Parks and Recreation Committee to provide for operation of a
concession cart immediately outside the concession booth in Victoria Park was voted and
LOST.
10. Proclamation/Banner Request
A request by the organizers of the Annual Shinerama event was dealt with under
Delegations.
11. Raffle Lotteries
It was resolved:
"That the City of Kitchener has no objection to a Provincial Licence being issued to
the Rotary Club of Kitchener to conduct a raffle lottery on December 6, 1991 at the
Kitchener Memorial Auditorium."
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"That the City of Kitchener has no objection to a Provincial Licence being issued to
the ROW Swim Club to sell break-open tickets in association with their bingos held at
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the Transylvania Club."
12. Acting Mayor
It was resolved:
That Alderman G. Lorentz be appointed Acting Mayor for the period August 10th to
August 15th, 1991, inclusive and that Alderman C. Weylie be appointed Acting Mayor
for the period August 24-28, 1991, inclusive, during the absence of His Worship
Mayor D.V. Cardillo."
13. Charitable Refreshment Stand Licence
It was resolved:
"That Oasis Outreach Ministries Inc. be granted permission to operate a refreshment
stand on the parking area adjacent to their premises at 417 King Street West,
Kitchener on July 27, 1991, provided that the necessary health approval and licence
are obtained."
14. United Way - Postage Meter Imprint
It was resolved:
"That we approve the request of the United Way of Kitchener-Waterloo and Area for
permission to utilize the City's postage meter to imprint outgoing City mail with the
United Way logo and wording 'Support the United Way' for the period September 10th
through to November 22, 1991 ."
15. Variance to Kitchener Municipal Code, Chapter 630 (Fences) - BRIDGEPORT NORTH
AND FOREST WARDS
This item was dealt with under Delegations.
16. Street Vendor - Non-Use of Licence
The Committee considered a memorandum from Mrs. Y. Ashley concerning a complaint,
which has been substantiated, that Mr. Zbigniew Wilk has not been operating his Hot Dog
Cart at the Weber and Queen Streets location which was awarded to him. The by-law
provides that where a licencee has not utilized the location City Council may consider
revoking the licence. Mr. R.W. Pritchard advised further that Mr. Wilk was also licenced
by the City of Waterloo and was selling from his cart in Waterloo on Saturdays and
Sundays but that it has been verified that on the last 4 weekdays, being July 10, 11, 12
and 15 he has been selling at his Kitchener location.
Alderman B. Stortz advised that he had discussed the matter with Mr. Wilk and indicated
that Mr. Wilk has agreed to operate his cart at the approved location in the City of
Kitchener for the rest of the summer.
On motion by Alderman B. Stortz-
it was resolved:
"That no action be taken respecting a complaint relative to Mr. Zbigniew Wilk not
operating his Hot Dog Cart in the location awarded to him (Weber and Queen Streets)
under Licence Number 39178."
17. Application - New Bingo Hall
It was resolved:
"That the City of Kitchener has no objection to a Provincial Licence being issued to K-
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JULY 15, 1991
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W Overseas Aid Inc., 89-91 King Street North, Waterloo, to conduct bingos at 329
King Street East, Kitchener, provided that Council's approval is subject to the
following:
1. That the applicant limit its bingo activities to the City of Kitchener.
2. That the applicant meet all terms and conditions of Kitchener's Consolidated Bingo
Regulations as passed by City Council
3. That the applicant meet with the Manager of Licensing to review the above
regulations prior to any licence being issued
4. That for record purposes, copies of all bingo reports for licences issued be
forwarded to the municipality
5. That all Provincial Bingo Lottery requirements are met."
18. City of Kitchener United Way Service Auction
Alderman G. Lorentz advised that he and Mr. T. McKay have been attending monthly
meetings of United Way and noted that the organization was always searching for
innovative ways to fundraise. He referred to a notice of a special auction of services by
City employees to raise funds and asked that Council members consider auctioning their
services in a similar way. Alderman B.M. Hiscott indicated that he would volunteer to
complete a 1991 Tax Return under the auction program. Alderman Lorentz encouraged
each Alderman to make a similar contribution in this regard.
It was resolved:
"That rental fees totalling $217.50 for use of the Kitchener Farmers' Market on
Tuesday, September 24th from 4:00 p.m. to 6:00 p.m. be waived in conjunction with a
Staff Auction to be held to gain donations for the 1991 United Way Campaign."
19. Tender
It was resolved:
"That tender T91-35, Ready Mix Concrete, be awarded to Cross Country Concrete,
Heidelberg, at their tendered prices, delivered to the jobsite."
20. Expression of Interest
It was resolved:
"That Expression of Interest E91-28, Consultant's Services - Design of a Municipal
Cemetery, be awarded to Hilton Foster Limited, Kitchener to design detailed plans for
the overall site development, develop tender specifications and subsequently monitor
construction as per the Terms of Reference developed by the Steering Committee,
subject to a satisfactory agreement being negotiated and an upset fee established,
and further,
That an amount of $55,000. be transferred out of Capital Funds General Contingency
and be applied to the Williamsburg Cemetery Development Project."
21. Expropriation Settlement
It was resolved:
"That the City accepts the offer of Oshawa Holdings Limited c.o.b, as Dutch Boy Food
Markets, set out in the July 12, 1991 letter of Wayne Luedtke, General Manager, to
settle in full all of its expropriation claims relating to 210-214 King Street West and 9-
COMMITTEE OF THE WHOLE
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11 College Street for the all inclusive additional sum of $105,000.00."
22. Easements - Schneider Trunk Sanitary Sewer
It was resolved:
"That the City of Kitchener accepts the offer from Livingston International Inc. to sell to
the City an easement in perpetuity over part of Lot 9, Plan 791 for the sum of
$12,000.00; said easement is required to protect a new sanitary sewer to be built, and
further,
That the City of Kitchener accepts the offer from Livingston International Inc. to sell to
the City a temporary construction easement for the sum of $200.00 per month, and
further,
That the Mayor and Clerk are hereby authorized to execute any documentation
approved by the City Solicitor required to complete these transactions."
23. Acquisition of Parkinq Space - Victoria Public School
Mr. J. Wallace advised that it was necessary to obtain Council's authorization for the
Mayor and Clerk to execute Offers respecting lands required for additional parking at
Victoria Public School.
Moved by Alderman M. Yantzi-
"That the City Solicitor be directed to prepare and submit, through Mr. G. Andersen,
Offers to Purchase with respect to certain properties in the City of Kitchener as
follows:
53 Joseph Street - $78,380.00
41 Joseph Street - $84,720.00
8 David Street - $50,940.00
2 & 4 David Street - $83,960.00
5 Joseph Street - $74,150.00
for a total all inclusive sum of $372,150.00; it being a condition of each offer that no
individual sale shall be completed without completion of them all, and the Mayor and
Clerk are hereby authorized to execute said Offers to Purchase on behalf of the City,
and further,
That funding for such purpose be found from the Community Centre Fund and further
provided that such fund not be placed in a deficit position from such action."
A recorded vote was requested by Alderman B.M. Hiscott.
IN FAVOUR:
Mayor D.V. Cardillo, Alderman B.
Stortz, Alderman M. Wagner,
Alderman M. Yantzi, Alderman G.
Leadston, Alderman C. Zehr,
Alderman G. Lorentz and Alderman
C. Weylie.
CONTRA:
Alderman J. Ziegler, Alderman B.M.
Hiscott and Alderman J. Smola.
COMMITTEE OF THE WHOLE
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B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
CARRIED.
MOTION