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HomeMy WebLinkAboutCtee of the Whole - 1992-09-21CWO1992-09-21 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 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 .Licenses a) Oktoberfest - Street Vendors It was resolved: "That Carlsbad Speciality Foods Ltd. be granted permission to sell soft pretzels on Kitchener Streets from portable stands, located on Benton Street, Benton/King Corner and Frederick/ Duke Corner, during Oktoberfest, October 9-17, 1992, orovided that the necessary $1.00 Hawker & Pedlar licence is obtained." b) Ontario March of Dimes Activity Centre It was resolved: "That the City of Kitchener has no objection to a Lottery Licence being issued to the Ontario March of Dimes Activity Centre to conduct a Raffle Lottery at Market Square, 25 Frederick Street, Kitchener, on October 17, 1992." c) K-W Oktoberfest Inc. - Monte Carlo Events It was resolved: "That the City of Kitchener has no objection to Provincial licences being issued to the Kitchener-Waterloo Oktoberfest Inc. to conduct Monte Carlo events at Bingeman Park Farms and the Valhalla Inn during Oktoberfest, October 9-17, 1992." d) K-W Kinsmen Club Inc. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Kinsmen Club Inc. to conduct a Monte Carlo event at the Kiwanis Twin Pad Arena, Kitchener Memorial Auditorium during Oktoberfest, October 9-13, 1992." e) Salvadorian Women Co-op It was resolved: "That the Salvadorian Women Co-op be granted permission to sell hand made crafts at Market Square, 25 Frederick Street, Kitchener, on September 25 & 26, 1992 provided that a Charitable Hawkers & Pedlars Licence is obtained." COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 1. Licenses (Cont'd) f) Optimist Club of Stanley Park It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Optimist Club of Stanley Park to conduct a Monte Carlo event at Bingeman Park, Kitchener, during Oktoberfest, October 9-18, 1992." g) Cedar Hill Community Association It was resolved: "That the Cedar Hill Community Association be granted permission to conduct a Raffle Lottery in the City of Kitchener with the draw to be held on October 10, 1992 at 265 King Street East, Kitchener." h) Ventures Drum & Buqle Corps It was resolved: "That the Ventures Drum & Bugle Corps be granted permission to operate a Refreshment Vehicle on the sidewalk adjacent to the Oktoberfest Office, 17 Benton Street, Kitchener, during Oktoberfest, October 9th to 18th, 1992, provided that the necessary licence and Health and Fire approval is obtained." i) Achievement in Motion It was resolved: "That the Achievement in Motion be granted permission to conduct two raffle lotteries in the City of Kitchener with the draws to be held as follows: October 17, 1992 at Fairview Park Mall, 2960 Kingsway Drive, Kitchener November 14, 1992 at Market Square, 25 Frederick Street, Kitchener." j) Beth Jacob Conqreqation It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Beth Jacob Congregation to conduct a Raffle Lottery with the draw to be held on March 14, 1993 at 161 Stirling Ave. South, Kitchener." k) Kitchener Waterloo Gymnastics Club It was resolved: "That the Kitchener Waterloo Gymnastics Club be granted permission to conduct a raffle lottery in the City of Kitchener with the draw to be held on December 12, 1992 at 805 Victoria St. South, Kitchener." 2. Quit Claim Deed re Reqional Sewaqe Pumpinq Station - CHICOPEE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a quit claim deed in favour of The Regional Municipality of Waterloo for part of Lot A, Registered Plan 40, designated as Parts 1 and 2 on Plan 58R-8162; COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) And further, that the Mayor and Clerk obtain an easement for sanitary sewer purposes from The Regional Municipality of Waterloo over the said Part 2." Enqineerinq Aqreement 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 Borden Greenway and Shoemaker Greenway Culverts at Greenbrook Dr. and Stirling Ave. and the reconstruction of the Shoemaker Trunk Sanitary Sewer on Stirling Ave. at Homer Watson Blvd." Request for Easment - BRIDGEPORT NORTH 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 of Part 12, 58R-7231 ." Extension of Lease - WEST WARD It was resolved: "That the City authorizes the lease of approximately 420 square metres of land being part of Henry Sturm Greenway in the vicinity of Highland Road West and Westmount Road to Trujay Holdings Limited for use in connection with their adjacent commercial property at a basic rental of $1,680.00 per annum for a ten year term. Further, that the Mayor and Clerk be authorized to execute all necessary documentation in connection with the lease." Compliance with Restrictive Covenants - BRIDGEPORT NORTH WARD It was resolved: "That the City confirms that on September 21, 1992 the property described as Part 1 on Reference Plan 58R-4941 and municipally known as 80 Dumart Place complied with the restrictive covenants set out in Instrument No. 852573." Consents - SOUTH WARD It was resolved: "That the City consents to the transfer from Twingate Construction Limited to Siggi Leipold and further to the transfer from Siggi Leipold to Aylmer Music Inc. of the property described as Unit 6, W.N.C.C.No. 170 and municipally known as 62 McBrine Place, Kitchener." - and - "That the City consent to a transfer from Equitable Life Insurance Company of Canada to Josef and Maria Balazic for the property described as Units 9, 19 & 20, W.N.C.C. No. 150 and municipally known as 49 Mclntyre Place, Kitchener." Extension to Temporary Exemption - Municipal Code, Chapter 450 (Noise) Mr. R.W. Pritchard clarified that the request from County Sewer & Watermain Ltd. was for an extension to a previous exemption to Chapter 450 (Noise) of the Municipal Code granted by City Council on June 1, 1992. He explained the circumstances relative to delay in COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) commencement of the work resulting in the necessity to approve a new exemption. It was resolved: "That County Sewer & Watermain Ltd. be granted an extension to a temporary exemption from Chapter 450 (Noise) of the City's Municipal Code in order to allow excavation and construction of the K-W Drive-In site from 7:00 a.m. to 7:00 p.m. daily up to November 30, 1992 inclusive." Tenders Tender T92-60 - Parking Equipment listed on the agenda as Item 9(a) was dealt with under delegations. Alderman T. Galloway referred to Tender T92-63 pertaining to ready mix concrete and noted that the Iow bidder was not being recommended but questioned why details of the second and third Iow bids were not explained. Mr. F. Clement advised that when all of the extras were taken into account, staff had recommended that the bidder with the lowest ultimate cost be awarded the contract, which in this case was the fourth lowest bid. It was resolved: "That proposal P92-57, Transit Operations System, be awarded to Systemware Inc., Toronto at their proposed price of $201,100. including installation, plus G.S.T., subject to a successful contract being negotiated and the approval of 75% capital funding from the Ministry of Transportation Ontario." - and - "That tender T92-62, Domestic Hot Water Tank Conversion, be awarded as follows: Locations #1 2, 3, 6, 7, 10, 11 and 12 to Overland Plumbing and Heating, Waterloo at their tendered price of $64,362. Locations #4, 5, 8 and 9 to Columbia Mechanical Services Inc., Waterloo at their tendered price of $27,963." - and - "That tender T92-71, Gas Pipeline Construction, be awarded to R.L. Coolsaet of Canada Limited, Brantford, Ontario at their tendered price of $769,153.68." - and - "That proposal P92-58, Remittance Processing System, be awarded to Data Capture Technologies Inc., Pointe Clare, Quebec at their proposed price (Option B) of $121,093.42 plus G.S.T. and P.S.T. on all taxable items." - and - "That tender T92-65, Track & Field Facility Upgrading, be awarded to M.P.M.S. Construction Limited, Pickering at their tendered price of $173,744., plus G.S.T." - and - "That tender T92-54, Transit Centre Roof Replacement, be awarded to Nedlaw Roofing Limited, Breslau at their tendered price of $133,450., minus Section D4 in the amount of $19,423. for a balance price of $114,027. plus G.S.T." - and - COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Tenders (Cont'd) "That proposal P92-67, Playground Equipment - Supply and Install, be awarded to Henderson Recreation Equipment Ltd., Norwich at their proposed price of $61,429,95., plus G.S.T." - and - "That tender T92-63, Ready Mix Concrete, be awarded to Canada Building Materials Company, Toronto (formerly K-W Blair Ready Mix), at their tendered unit prices." - and - "That tender T92-66, Supply and Delivery of Highway Coarse Salt, be awarded to Sifto Canada Limited, Mississauga at their tendered price." 10. Applications for Minor Variances a) K-W Oktoberfest Inc. and Voisin Developments Limited - Submission Nos. S 6~92 & S 7/92 - ROCKWAY ST. MARY'S & CHICOPEE WARDS b) Ottawa-River Developments Inc. - Submission No. S 8/92 - 1020 Ottawa Street North 11. 12. 13. - STANLEY PARK WARD c) Mitch & Sharon Downey - Submission No. F 2~92 - WEST WARD The above noted items were dealt with under delegations. Offer to Sell - 807 Zeller Drive - CHICOPEE WARD This item was dealt with under delegations. Rescindinq of Resolution - SOUTH WARD It was resolved: "That the City accept the request of County Contracting of Wheatley Incorporated to cancel the sale of the closed part of Grand Hill Drive approved by Counci on March 18, 1991 and authorize the City Treasurer to refund the $500.00 deposit." Binqo Application/New Binqo Hall It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to Fathers for Justice, 380 King Street North, Waterloo, to conduct bingos at 329 King Street East, Kitchener, provided that Council's approval is subject to the following: a) That the applicant limit its bingo activities to the City of Kitchener b) That the applicant meet all terms and conditions of Kitchener's Consolidated Bingo Regulations as passed by City Council c) That the applicant meet with the Manager of Licensing to review the above regulations prior to any licence being issued d) That for record purposes, copies of all bingo reports for licences issued be forwarded to the municipality e) That all Provincial Bingo Lottery requirements are met." COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 14. Application for Cancellation, Refund, Reduction of Levy of Taxes It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." Prior to consideration of this matter Alderman J. Ziegler disclosed a conflict of interest with regard to Item Nos. 44 and 45 (Bomac Video Inc. - Superflix) as monies were owing and Item No. 62 (Ron Day's) who was a former client. Alderman J. Ziegler abstained from all discussion and voting on these matters. 15. Refreshment Stands During Oktoberfest It was resolved: "That the Queen Helena Canadian-Croatian Cultural & Charitable Society be granted permission to operate 3 Refreshment Stands on the sidewalks at the following intersections: King and Pine Streets King and Water Streets King and Frederick Streets during the Oktoberfest Parade on October 12, 1992, provided that the necessary licence and Health and Fire approval is obtained." 16. Sale of Lottery Tickets, Easter Seal Society It was resolved: "That the Easter Seal Society, 250 Ferrand Drive, Suite 200, Don Mills, be granted permission to sell Raffle Lottery tickets in the City of Kitchener under City of North York licence #M029503, for a draw to be held in the City of Kitchener on December 21, 1992." 17. Tag Days - Waterloo Regional Cadet Organization Police School - Cadet Corps. No. 1596 It was resolved: "That the City of Kitchener approves of the Waterloo Regional Cadet Organization Police School Cadet Corps. No. 1596 conducting a Tag Day in Kitchener on September 25 and 26, 1992." 18. Expropriation Settlement - 222-228 King St.W. & 9-11 College St. It was resolved: "That the City pay the sum of $13,006.04 on a without prejudice basis on account of legal and appraisal costs respecting the expropriation from Michael Klingbaum of 222-228 King Street West and 9-11 College Street for the new City Hall." 19. Revision to Lease Agreement (100 Years) - Truscan Realty Limited It was resolved: "That Section 2.01, Rent, in the Draft Lease between the City and Truscan Realty Limited, as submitted to Council by the City Solicitor under his letter of July 24, 1992 be deleted and replaced with the following: Section 2.01, Rent COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 21, 1992 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) The tenant covenants with the Landlord to pay rent in the annual sum of $1.00. and further, That Council enter into the lease as amended above and the Mayor and Clerk be authorized to execute same." 20. Street Vendor - Oktoberfest - Kin Tien Sun It was resolved: "That Kin Tien Sun be granted permission to operate her hot dog cart on the sidewalk at the intersection of Green Street and King Street West, Kitchener, during the Oktoberfest Parade on October 12, 1992, provided that the necessary licence is obtained."