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HomeMy WebLinkAboutCtee of the Whole - 1991-05-13CW~1991-05-13 COMMITTEE OF THE WHOLE MINUTES MAY 13, 1991 A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING Alderman B.M. Hiscott previously disclosed a conflict of interest and abstained from all voting concerning a by-law to amend By-law No. 85-1 to establish one new agricultural zone and one new residential zone in the City of Kitchener as he is a minority shareholder in Select Sand & Gravel, a company affected by the Zone Change Application. 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. City Hall Canteen Contract It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Elli Koster dated April 25, 1991 for operating the City Hall Canteen for a term of one year commencing January 1, 1991 in consideration of annual remuneration in the sum of $23,166.00." 2. Declaration of Civic Holiday It was resolved: "That in conjunction with the Multicultural Festival to be held Sunday, June 30, 1991 and Monday, July 1, 1991, the week June 24 to July 2, 1991 be declared a period of Civic Celebration in the City of Kitchener." 3. Execution of Deed - WEST 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 a daylighting triangle at the corner of Westmount Road and Chopin Drive and described as Part of Lot 5, Municipal Compiled Plan 793, designated as Parts 1 and 2 on Reference Plan 58R-7554." 4. Licensinq of Food Merchant It was resolved: "That the Victoria Park Neighbourhood Association be granted permission in conjunction with licensed Kitchener food merchants to sell food at the Environmental/Lifestyles Fair in Victoria Park on Sunday June 9, 1991, provided that the necessary Health and Fire approvals are obtained." 5. Street Party - CHICOPEE WARD It was resolved: "That Manor Drive between the south intersection of Lewis Crescent and the north intersection of Lewis Crescent be closed from 7:30 p.m. on Monday, May 20, 1990 to 1:00 a.m. on Tuesday, May 21, 1991, for the purpose of a street party and that the appropriate by-law under Section 352 (61) of the Municipal Act be enacted. COMMITTEE OF THE WHOLE MINUTES MAY 13, 1991 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) And further, that the expenditure to accommodate this event be charged to the appropriate account number." Encroachment Aqreements - FAIRVIEW WARD & VICTORIA PARK WARD It was resolved: "Notwithstanding the requirement in the Section 40 Development Agreement for 155290 Canada Inc. to remove the fence on the portion of Strasburg Road granted to the City by 155290 Canada Inc., that until such time as the City intends to widen Strasburg Road at that location, the Company be allowed to maintain its existing fence and the Mayor and Clerk are hereby authorized to execute an Encroachment Agreement with respect thereto as may be prepared by the City Solicitor." - and - "That subject to the approval of the Traffic & Parking Division, Public Works Department and Fire Department, the City of Kitchener approve the use of a portion of the sidewalk directly in front of Dandy's Restaurant, located at 85 King Street West, for the creation of a sidewalk patio to be operated from May 17, 1991 to October 14, 1991 in accordance with the terms and conditions to be set out in an Encroachment Agreement; and Further that, upon the resolution of all outstanding staff concerns, the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with the owner/operators of Dandy's Restaurant to allow a patio on a portion of the sidewalk abutting the lands and premises known as 85 King Street West." Industrial Land Consent - SOUTH WARD It was resolved: "That the City consent to leases from 754776 Ontario Limited to Postma Construction, S T Services and MBM Truck Repairs Inc. for the property described as Part 33 on Reference Plan 58R-5668 and municipally known as 208 Mclntyre Drive, Kitchener." Appointment -Visitor and Convention Board Steerinq Committee It was resolved: "That Council appoint Alderman M. Wagner as their representative to serve on the Visitor and Convention Board Steering Committee." Consent to Minor Siqn Variance - BRIDGEPORT NORTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 30, 1991, recommending approval of Submission No. S 4/91 Kitchener Waterloo Real Estate Board Inc. - Be Ratified and Confirmed." 10. Health & Safety Policy It was resolved: "That the Mayor and Chief Administrative Officer be authorized to execute a General Policy Statement on Health and Safety in compliance with requirements contained in Bill 208. Further, that the Safety Section, Administrative Services Department, proceed with the COMMITTEE OF THE WHOLE MINUTES MAY 13, 1991 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) posting of this Policy in all City work areas prior to May 15, 1991 ." 11. 1991 Election Process - Public Opinion Poll The Committee was in receipt of a report from Mr. R.W. Pritchard dated May 8, 1991, recommending that the City's Votomatic System not be used for a public opinion poll as suggested by Alderman G. Leadston. Alderman Leadston disagreed with Mr. Pritchard's recommendation indicating that, in his opinion, including a public opinion poll would strengthen the democratic process. He advised that at this time he had no specific questions he wished included in the poll but suggested that a public meeting could be held to identify possible areas of concern. Mayor D.V. Cardillo agreed in principle with Alderman Leadston's comments but indicated that, in his opinion, the Votomatic System is an inappropriate vehicle for conducting such a poll and Council should investigate other options. Mr. R.W. Pritchard advised that subsequent to his report an analysis had been done of the amount of space available on the Votomatic System for a public opinion poll. He indicated that in the 1988 Municipal Election the number of candidates for School Board offices alone occupied one half of the systems capacity and if a similar number of candidates are registered in the 1991 Election the system may not be able to accommodate the type of questions referred to by Alderman Leadston. Mr. Pritchard further noted that any public opinion poll should be on the last page of the Votomatic System and this would create a technical layout problem, which he is willing to discuss with members of Council at their convenience. In response to a question from Alderman Lorentz, Mr. Pritchard advised that he would be unable to determine whether the Votomatic System could accommodate a public opinion poll until after Nomination Day (October 15, 1991 ) when the precise number of candidates is known. Aldermen M. Wagner, B.M. Hiscott, G. Lorentz and J. Ziegler agreed in principle with Alderman Leadston's suggestion and the latter requested a special meeting to discuss various types of questions and responses. Alderman J. Ziegler also suggested that a separate paper ballot could be used for the public opinion poll and be evaluated following other election tabulations. Mr. Pritchard advised that Council has already notified the Province it intends to use an electronic tabulation system and, as a result, the use of paper ballots does not appear to be an allowable option. Alderman M. Yantzi questioned the effectiveness of the proposed poll as a means of obtaining public input. He stated that, in his opinion, this is an inappropriate method and noted that Aldermen already receive phone calls and opinions from the public at large. Alderman G. Leadston further suggested that University faculty who are familiar with opinion polls should be invited to attend any public meeting and provide input. Based on the degree of support and interest shown, implementation of a public opinion poll could then proceed to the next stage of development. Moved by Alderman M. Yantzi "That the 1991 election process not be utilized for a Public Opinion Poll." A recorded vote was requested. IN FAVOUR: Mayor D.V. Cardillo, Alderman M. Yantzi and Alderman C. Weylie. CONTRA: Alderman B. Stortz, Alderman J. Smola, Alderman G. Leadston, Alderman C. Zehr, Alderman J. Ziegler, Alderman B.M. Hiscott, Alderman M. Wagner and Alderman G. Lorentz. COMMITTEE OF THE WHOLE MINUTES MAY 13, 1991 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) MOTION LOST. 11. 1991 Election Process - Public Opinion Poll (Cont'd) On a motion by Alderman G. Leadston - It was resolved: "That a public meeting be held in June 1991 at a date and time to be arranged to further discuss a Public Opinion Poll as part of the 1991 election process." Alderman J. Ziegler requested that Mr. R.W. Pritchard report concerning alternate methods for tabulating the results of a Public Opinion Poll. 12. Offer to Purchase - Extension - SOUTH WARD It was resolved: "That an extension be granted to the Regional Municipality of Waterloo with respect to the Offer to Purchase for land known as Part 3 and 4, Reference Plan 58R-6949, Phase II Huron Business Park, to October 31, 1991 to satisfy or waive the conditions set out in the Offer to Purchase." 13. Various Tenders It was resolved: "That tender T91-2, Road Construction, be awarded to Warren Bitulithic Limited, Kitchener, at their tendered price of $511,790.47." - and - "That tender T91-21, Supply and Delivery of Diesel Fuel, be awarded to Hogg Fuel & Supply Limited, Kitchener, at their tendered price." - and - "That tender T91-22, Supply and Delivery of Gasoline, be awarded to Shell Canada Products Limited, North York, at their tendered price." - and - "That tender T91-32, Reconstruction of Brubacher Street (Lydia to Merner) and Bingeman Street (Samuel to Lydia) be awarded to Steed and Evans Limited, Kitchener, at their tendered price of $404,122.42." - and - "That tender T91-37, Turf Equipment, be awarded as follows: Items #1 and 2 to G.C. Duke Equipment Ltd., Burlington, at their tendered price of $53,295.00." - and - "That tender T91-40, Shoring and Bulk Excavation - New City Hall, be split and that the Shoring section be awarded to Anchor Shoring & Caissons Ltd., Scarborough at $529,935.00 and that the Bulk Excavation be awarded to Kieswetter Cartage & Excavating Co. Ltd., Heidelberg at $300,000.00." - and - COMMITTEE OF THE WHOLE MINUTES MAY 13, 1991 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That quotation Q91-83, Kitchener City Hall Hoarding and Transformer Enclosure, be awarded to Jamesway General Contracting Incorporated, Kitchener, at their quoted price of $72,950.00." 14. 1596 Army Cadet Corps - Taq Day The Committee was in receipt of a letter from Mr. Nathan T. Brown, Captain and Commanding Officer, Royal Canadian Army Cadet Corps, requesting that Council allow the use of the dates May 24-25, 1991, for the purpose of canvassing for funds in the City of Kitchener. It was resolved: "That Council grant the request of the 1596 Royal Canadian Army Cadet Corps to use the dates May 24-25, 1991, to canvass for training funds in the City of Kitchener." 15. Canada Employment Centre for Students The Committee was in receipt of a report and recommendations from Mrs. Y. Ashley, Manager of Licensing, dated May 10, 1991 in response to a request from the Canada Employment Centre for students to hold a barbecue in conjunction with the official opening of the Centre. It was resolved: "That, subject to the satisfactory fulfillment of all Health and Fire requirements, Council grant permission to the Canada Employment Centre for Students to barbecue and give away hot dogs to guests and students in connection with the official opening of the Centre on May 21, 1991 ." 16. Expropriation - Kitchener City Hall It was resolved: "That a further sum of $50,000.00 be paid to Paul Szasz c.o.b, as Golden Tiger School of Kung Fu on a without prejudice basis as a further advance on account of costs to relocate from 184 King Street West in such installments as are approved by the City Solicitor." - and - "That a further sum of $50,000.00 be paid on a without prejudice basis to ABS Reprographics (Kitchener) Inc. (Kwik-Kopy) as a further advance on account of costs to relocate from 121 Duke Street West in such installments as are approved by the City Solicitor." - and - "That the City accepts the offer of London Goodwill Industries Association, as set out in the May 9, 1991 letter of its solicitor, Mr. Kenneth J. McGill, to settle in full all of its expropriation claims respecting 180-188 King Street West for the all inclusive sum of $18,000.00."