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HomeMy WebLinkAboutCtee of the Whole - 1989-11-27CW~1989-11-27 COMMITTEE OF THE WHOLE MINUTES NOVEMBER 27, 1989 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. Execution of Enqineerinq A.qreement - SOUTH WARD 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 MTE Consultants Inc., regarding Doon Mill Estates, 270 Doon Valley Drive, 30T-77066." 2. Encroachment Aqreement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Lot 200, Registered Plan 1246, municipally known as 174 Appalachian Crescent, in the City of Kitchener, to legalize that portion of the house which extends 0.3 feet, more or less, onto an existing easement." 3. CTA Application - CHICOPEE WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice and Draft Plan to facilitate a Certificate of Titles Application with respect to lands described as Block 133, Plan 1647, for the City of Kitchener." 4. Appointments - Downtown Improvement Area Board of Manaqement It was resolved: "That we approve the appointment of Angela Wilhelm, Stephen Harris and Gil Zurbrigg to the Downtown Improvement Area Board of Management to fill existing vacancies for a term to expire November 30, 1991 ." 5. Banner Request It was resolved: "That in conjunction with Alzheimer Awareness month held each January, the Alzheimer Society of Kitchener-Waterloo be granted permission to have a banner erected across King Street at Frederick Street from January 2, 1990 to January 22, 1990 inclusive. Further, that this organization make the necessary arrangements with the Purchasing Division for the erection and removal of the banner and the payment of any costs associated therewith." 6. French Lanquaqe Services Act This item was dealt with under Delegations. COMMITTEE OF THE WHOLE MINUTES NOVEMBER 27, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 7. PRIDE 1990-1991 Application Alderman J. Smola disclosed a conflict of interest and abstained from all discussion as he owns property at 180 Breithaupt Street which is within the area affected under the PRIDE Program Application. Alderman Weylie advised the Committee that representatives of the Belmont Village area wish to approach Council to request inclusion of their area under the PRIDE application. Mr. T. McKay commented that there were no additional funds available for other projects and that all Provincial funding was being recommended to address needs in the Breithaupt area. He advised that the Belmont request was far beyond the financial capability of both the City and funding available under the PRIDE Program. Accordingly, Mr. McKay requested approval of the staff recommenda- tion as the application deadline is December 1, 1989, and a resolution of City Council is required this date. It was resolved: "That the Planning and Development Department be directed to submit an application to the Ministry of Municipal Affairs for funding under the 1990-1991 PRIDE Program to undertake infrastructure improvements in the Breithaupt Street Industrial Area." Alderman J. Smola previously disclosed a conflict of interest and abstained from all discussion and voting as he owns property at 180 Breithaupt Street which is within the area affected by the PRIDE Program Application. 8. Request for Designation of Flood Control Facility It was resolved: "That the City of Kitchener approve the designation of Ottawa Street at the Voisin Greenway as a flood control facility until such time as the Borden Greenway has been extended to permit the greater part of the surface drainage south of Ottawa Street to be directed to the Borden Greenway." 9. Bill 119 The Committee was in receipt of correspondence from Mr. A.S. Brandt, Leader of the Ontario Progressive Conservative Party, concerning the flow of Provincial lottery revenues as proposed in Bill 119 - Ontario Lottery Corporation Amendment Act. It was resolved: "That the Government of the Province of Ontario be requested to amend Bill 119 - Ontario Lottery Corporation Amendment Act as follows: (a) That Section One of the Bill be amended by deleting everything after 'therefor' in line three and substituting the following: 9. (1) The net profits of the Corporation after provision for prizes and the payment of expenses of operation shall be paid into the Consolidated Revenue Fund at such times and in such manner as the Lieutenant Governor in Council may direct. (2) A minimum of thirty4ive percent of the net profits of the Corporation paid into the Consolidated Revenue Fund in a fiscal year of Ontario shall COMMITTEE OF THE WHOLE MINUTES NOVEMBER 27, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) 9. Bill 119 (Cont'd) (a) 9. (2) (Cont'd) be available for appropriation by the Legislature for the promotion and development of physical fitness, sports, recreational and cultural activities and facilities therefor. (3) Net profits not so appropriated in a fiscal year shall be available for appropriation by the Legislature for the support of the Ontario Trillium Foundation, and for the financing of a Health Care Manpower and Capital Development Fund to be administered by the Ministry of Health with the advice and direction of the Premier's Health Council and will be so accounted for in the Public Accounts of Ontario. (b) That Section Two of the Bill be amended by deleting the existing wording and substituting the following: The net profits of the Corporation generated by intra- provincial lottery games that, pursuant to Section 9 of the said Act, have been paid into the Consolidated Revenue Fund before the first day of April, 1988 and that have not been expended before that date shall be deemed to establish a trust, the annual interest on which shall be available for appropriation by the Legislature for the development and promotion of sport, fitness, recreational and cultural programs and other programs designed to reduce demands on the health care system, and shall be so accounted for in the Public Accounts of Ontario. And further, that copies of this resolution be sent to: Honourable David Peterson, Premier of Ontario Honourable Elinor Caplan, Minister of Health Honourable Christine Hart, Minister of Culture Honourable Ken Black, Minister of Tourism Mr. Andrew S. Brandt, M.P.P., Leader of the Ontario Progressive Conservative Party." 10. Tender Alderman C.J. Zehr disclosed a conflict of interest and abstained from discussion as he has a client who is a representative of R.C. Dawson Limited. It was resolved: "That tender T89-79, Systems Furniture - Utilities Centre, be awarded to R.C. Dawson Limited, St. Agatha, at their tendered price of $77,597.52." Alderman C.J. Zehr previously disclosed a conflict of interest and abstained from all discussion and voting as he has a client who is a representative of R.C. Dawson Limited. 11. Refuse Collection and Rec¥clinq Contract Alderman G. Leadston questioned the definition of regular garbage days in the Agreement as it relates to summer pick-up. In this regard, he noted that the municipality previously had garbage pick- up twice weekly during the hot summer months. Mr. Suzuki noted that a number of years ago twice weekly summer collection was abandoned as a cost saving measure and the Refuse Collection and Recycling Contract reflects once a week garbage collection. COMMITTEE OF THE WHOLE MINUTES NOVEMBER 27, 1989 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (Cont'd) Refuse Collection and Rec¥clinq Contract (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute, subject to the approval of the Ontario Municipal Board, an agreement dated November 17, 1989 with Browning-Ferris Industries Ltd. respecting refuse collection and recycling for a term running from February 1, 1990 to January 31, 1995." 12. Street Name Chanqe - Westheiqhts Drive between Hiqhland Road West and Victoria Street South It was resolved: "That the portion of Westheights Drive between Highland Road West and Victoria Street South in the Draft Plan of Subdivision 30T-88024 be renamed to Eastforest Trail, and further, That the Mayor and Clerk be authorized to execute any documents required to bring this change into effect."