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HomeMy WebLinkAboutCtee of the Whole - 1991-06-24CW~1991-06-24 COMMITTEE OF THE WHOLE MINUTES JUNE 24, 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 Banner Request It was resolved: "That in conjunction with the Annual Festival of Trees & Lights, that will be held from Friday, November 15, 1991, to Wednesday, November 20, 1991, we grant permission to St. Mary's General Hospital Volunteer Association to erect a banner on King Street at Frederick/Benton Streets from Friday, November 8, 1991 to Wednesday, November 20, 1991. Further, that this organization make the necessary arrangements with the City' contractor for erection and removal of the banner and the payment of any costs associated therewith. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of this banner on an annual basis as requested." 2. 1990/91 PRIDE Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Municipal Affairs, with respect to the Provincial contribution to the implementation of the Kitchener Downtown Community Improvement Plan through the PRIDE Program, 1990/91 ." 3. Certification of Title Application - SOUTH 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 Cameo Terrace Inc., with respect to lands described as Part of Lots 14 & 15, Municipal Compiled Plan 986 in the City of Kitchener." 4. Undersized Lot - SOUTH WARD It was resolved: "That in response to the provisions contained in Township of Waterloo By-law 878A, the City decline the Offer to acquire the property described as Lot 103, Registered Plan 578." 5. Amendment to Policy No. 1-760 - Banner Installation It was resolved: "That Section I of Policy No. 1-760 - Banner Installation be amended, in part, to read as follows: COMMITTEE OF THE WHOLE MINUTES JUNE 24, 1991 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 'That the Chief Administrative Officer be authorized to schedule the erection and removal of banners for the following organizations on King Street at Frederick/Benton Streets, King Street at Rockway Gardens and King Street at Francis Street for the purpose of annual fundraising or special events, namely:...'" Land Transfer - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Deed from the City to the Regional Municipality of Waterloo for part of Lot 3 and 4, West of Young Street, Registered Plan 401, designated as Part 1 on Reference Plan 58R-7536." Raffle Lottery Licence It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo Symphony to conduct a raffle lottery in the City of Kitchener with the said draw to occur on March 1, 1992 at The Centre in the Square." Sale of Tickets It was resolved: "That the Soroptimist International of Kitchener-Waterloo be granted permission to sell raffle lottery tickets in the City of Kitchener under Provincial Lottery Licence #784198 for a draw to be held on November 3, 1991 in Elora, Ontario." Refreshment Stands - Licences It was resolved: "That Oscar's Amusement Co. be granted permission to operate a refreshment stand at the sidewalk sale on King Street to be held July 11 - 13, 1991, provided that the necessary health approvals and licence are obtained." - and - "That the Centreville-Chicopee Neighbourhood Association be granted permission to operate a refreshment stand at the Community Centre on June 30, 1991, from 4:00 p.m. to 8:00 p.m., provided the necessary health approvals and licence are obtained." 10. Economic Development Department - Future Organization It was resolved: "That following the retirement of Mr. W.E. Thomson at year end, Development Division shall be headed up by a Director reporting Administrative Officer on an interim basis." the Economic to the Chief 11. Tax Savings - Politicians The Committee was in receipt of information provided by Alderman J. Ziegler setting out a comparison of the effect of tax free allowances received by Politicians as compared to the ordinary taxpayer. Alderman Ziegler has requested that Council support elimination of such tax free allowances. Alderman J. Ziegler referred to his memorandum setting out the earnings of City Aldermen, Regional Councillors in comparison to the ordinary taxpayer and also asked COMMITTEE OF THE WHOLE MINUTES JUNE 24, 1991 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) that the Committee refer to a memorandum dated June 13, 1991 from Mr. R.W. Pritchard which illustrates the earnings of Federal Members of Parliament and Members of the Provincial Legislature. He commented that he felt this was an issue of concern to taxpayers and one that affects this municipality directly. 11. Tax Savinqs - Politicians (Cont'd) Moved by Alderman J. Ziegler "That this Council ask the Provincial Government and the Federal Government to eliminate tax free allowances at all levels of Government for all Elected Officials and to substitute in its place the system of deductibility of political expenses for the purpose of acquiring and maintaining Political Office, on the same basis as ordinary taxpayers deduct business expenses." Aldermen B. Stortz, B.M. Hiscott and C. Zehr indicated that when the vote was taken on this motion, they would abstain. Alderman G. Lorentz commented that he objected to the motion as the effect would be to give encumbent Politicians a completely unfair advantage over anyone challenging them for election to office. At the request of the Committee, Mr. R.W. Pritchard advised that an abstention was considered a vote in opposition to a motion unless the person voting was excused as a result of a declaration of a conflict of interest. Mayor D.V. Cardillo requested a recorded vote. IN FAVOUR: Alderman J. Ziegler. CONTRA: (A) NEGATIVE VOTE: Mayor D.V. Cardillo and Aldermen M. Wagner, M. Yantzi, J. Smola, G. Leadston, G. Lorentz and C. Weylie. (B) ABSTENTIONS: (Considered to be negative votes) Aldermen B. Stortz, B.M. Hiscott and C. Zehr. MOTION LOST. 12. Proposed Chanqes - Ontario Labour Relations Act It was noted that proposed changes to the Labour Relations Act have been circulated to all members of Council in accordance with the request of Alderman C. Zehr at the June 3rd Council meeting. On motion by Alderman C. Zehr- it was resolved: "WHEREAS the Ontario Government has received the report of the Labour Relations Act Reform Committee, and, WHEREAS the Labour Relations Reform Committee report includes a number of recommendations to amend the Labour Relations Act, and, WHEREAS the proposed changes to the Labour Relations Act have potentially far reaching effects on Union/Management relationships including those in the municipal public sector, and, COMMITTEE OF THE WHOLE MINUTES JUNE 24, 1991 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) WHEREAS the proposed Employee Wage Protection Program under the Employment Standards Act has the potential of further eroding the ability of employees to compete in the marketplace, THEREFORE BE IT RESOLVED that the City of Kitchener hereby requests the Province of Ontario to undertake a broad consultation process with all potentially affected parties prior to the introduction of any legislation to amend the Ontario Labour Relations Act and to implement the Employee Wage Protection Program, and further, That Council hereby directs that a copy of this resolution be circulated to all municipalities in the Province of Ontario with a population of 50,000 or more, to the Premier of the Province, the Minister of Labour, Mr. W.A. Ferguson, M.P.P., Mr. Mike Cooper, M.P.P. and to the Association of Municipalities of Ontario." 13. Variance to Municipal Code, Chapter 630 (Fences) - BRIDGEPORT NORTH WARD This item was dealt with under Delegations. 14. Oath of Alleqiance to the Crown 15. The Committee considered a resolution from the City of Toronto dealing with removal of the Oath of Allegiance to the Crown for all Police Officers in the Province of Ontario by the Premier of Ontario and the Provincial Cabinet and that the regulation pertaining to this action by the Provincial Government be repealed. On motion by Mayor D.V. Cardillo - it was resolved: "That we endorse the resolution adopted by the Council of the City of Toronto on May 27 and 28, 1991, respecting the Provincial Government removing the Oath of Allegiance to the Crown for all Police Officers in the Province of Ontario and request that the relevant regulation be repealed." Section 8 Local Improvement Application - Request to Re-affirm Council Resolution - WEST WARD It was resolved: "That pursuant to Section 8 of the Local Improvement Act, the City of Kitchener initiate a local improvement for concrete sidewalk on the north side of Highland Road from the east limit of Part 3, Plan 58R-3418 to 159.249 metres easterly and from Lawrence Avenue to 39.331 metres westerly at a cost of approximately $12,000.00." For the record, the above resolution requires a 2/3 majority vote and was carried unanimously. 16. Various Tenders It was resolved: "That tender T91-4, Slurry Seal Resurfacing, be awarded to Ashwarren International, Downsview, at their tendered price of $91,560." - and - "That tender T91-17, Asphalt Emulsions, be awarded to Ace Industries (Int'l.) Corp. of Scarborough at their tendered price of $183,475." - and - COMMITTEE OF THE WHOLE MINUTES JUNE 24, 1991 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That tender T91-33, Reconstruction of Wellington Street (King to Waterloo) and Moore Avenue (Breithaupt to Wellington), be awarded to Omega Contractors, London at their tendered price of $607,663.70." - and - "That tender T91-50, Rubber Tired Tractor Loaders, be awarded as follows: Item 1. One (1) 60 kw (80 h.p.) four wheel drive rubber tired tractor loader and telescopic backhoe, c/w optional side shift telescopic backhoe and 24" heavy duty bucket, to Coleman Equipment Inc., New Dundee, at their tendered price of $59,572.00. Item 2. Two (2) 40 kw (60 h.p.) four wheel drive rubber tired tractor loaders, to Coleman Equipment Inc., New Dundee, at their alternative price of $75,298.20. Item 3. One (1) 112 kw (150 h.p.) rubber tired articulated loader, to Robren Equipment Ltd., Waterloo at their tendered price of $103,133.56." - and - "That tender T91-56, Gas Pipeline Construction, be awarded to R.L. Coolsaet of Canada Limited, Brantford, Ontario at their tendered price of $605,807.63." 17. Reqional Development Charqe By-law Alderman B.M. Hiscott requested that the City pass a motion similar to a motion adopted by the Regional Planning and Development Committee with regard to the Development Charges Act. On motion by Alderman B.M. Hiscott- it was resolved: "That the Corporation of the City of Kitchener request the Province of Ontario, in conjunction with the appropriate municipal organizations, to establish a Task Force to review and standardize the administrative implications of the Development Char.qes Act S.O., 1989 and Ontario Regulation 725/89, and further, That the City request the Province to delay the November 23, 1991 implementation date for Development Charge By-laws until the aforementioned review and standardization has been completed, and further, That this resolution be forwarded to the Association of Municipalities of Ontario for support." 18. Encroachment Aqreement 19. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners and tenant, Duke's Cafe, of the property described as Part of Lots 11 and 12, Plan 401 and municipally known as 4 Duke Street East, to legalize the awning as it encroaches onto the road allowance known as Duke Street East." Various Land Transactions - The Baird Investment Group Ltd. - 137-145 Otonabee Drive It was resolved: "That the purchase by the Corporation of the City of Kitchener from Arlin Snider of the COMMITTEE OF THE WHOLE MINUTES JUNE 24, 1991 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) lands described in Instrument No. 270596 and the purchase by the Corporation of the City of Kitchener of the lands described in Instrument No. 270857 from J. Stanley Snider, Erma Snider, Ephraim Snider and Lucinda Snider are hereby ratified and confirmed, and further, That the City consent to the conveyance on October 2, 1974 by Instrument No.529848 from Waltson Properties Limited to Ryder Properties Limited and the conveyance on October 2, 1974 by Instrument No.529850 from Ryder Properties Limited to The Baird Investment Group Ltd. of the property described as Part of Lots 1 and 2 according to Registered Plan 1036, and further, That the City confirms that on June 24, 1991 the property municipally known as 137 - 145 Otonabee Drive complied with the restrictive covenants set out in Instrument Nos. 402214, 405915 and 766308." 20. Land Transfer and Lease - 640 Trillium Drive Alderman B.M. Hiscott disclosed a conflict of interest and abstained from all discussion as he is an employee of M & M Meat Shops Limited. It was resolved: "That the City consent to a transfer from 828423 Ontario Inc. to 879101 Ontario Inc. and a lease from 879101 Ontario Inc. to M & M Meat Shops Ltd. and M & M Meat Shops Construction Company Ltd. for the property described as Part 17 on Reference Plan 58R-5840 and municipally known as 640 Trillium Drive, Kitchener, subject to applying for and the obtaining of the required sign permits; and further, That Council's resolution of October 9, 1990 consenting to a transfer from 828423 Ontario Inc. to Voisin, In Trust for the property described as Part 17 on Reference Plan 58R-5840 be rescinded." Alderman B.M. Hiscott disclosed a conflict of interest and abstained from all discussion and voting as he is an employee of M & M Meat Shops Limited. 21. Mortqaqe and Quit Claim Deed - 100 Shoemaker Street It was resolved: "That the City consent to a mortgage from 424605 Ontario Limited to ClBC Mortgage Corporation of the property described as Part 4 on Reference Plan 58R-5418 and municipally known as 100 Shoemaker Street, Kitchener, and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 2.(a), 2.(b) and 2.(d) of the Schedule to Instrument No.915228 respecting Part 4 on Reference Plan 58R-5418 and municipally known as 100 Shoemaker Street, Kitchener."