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Home My WebLink AboutCtee of the Whole - 1990-05-14CW~1990-05-14 COMMITTEE OF THE WHOLE MINUTES MAY 14, 1990 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. Easements to Bell Canada It was resolved: "That the Mayor and Clerk be authorized to execute an Easement in favour of Bell Canada with respect to the installation of an equipment box on City property at the intersection of Queen Street and Charles Street in the City of Kitchener." - and - "That the Mayor and Clerk be authorized to execute an Easement in favour of Bell Canada to legalize a connection between Grand River Boulevard and Chandos Drive in the City of Kitchener." 2. Consent - SOUTH WARD It was resolved: "That with respect to the property described as Part 28 on Reference Plan 58R-5668 (now W.N.C.C. Plan No. 150), and municipally known as 49 Mclntyre Place, the City consent to: a) the transfer of condominium units from SyI-Tra Developments Limited to Marlene Edith Farnham and Shirley Helen Hehn; Wayne Fernley; Carmelito de la Cruz and Betty de la Cruz; JT Boar Industries Ltd.; Way-glen Holdings Ltd.; Glen Sider; Filip Josic; Bradley Joseph Projopowicz; Susan Lorraine Potzold; Susan Lorraine Potzold, John Karl Potzold and Manfred Wutzke; Roman Pentsa, Jr. and Joanne Pentsa; Jeff Sallance, In Trust; Anna Kecman; Josef & Maria Balazic; b) the transfer of condominium unit #4 from Way-Glen Holdings Ltd. to Wayne Richard Borghese and Anne Marie McAIlister, as joint tenants; c) mortgages to The Equitable Life Insurance Company of Canada from Marlene Edith Farnham and Shirley Helen Hehn; Filip Josic; Bradley Joseph Projopowicz; Susan Lorraine Potzold; Susan Lorraine Potzold, John Karl Potzold and Manfred Wutzke; Roman Pentsa, Jr. and Joanne Pentsa; Jeff Sallance, In Trust; Anna Kecman; and Glen Sider; and d) mortgages to SyI-Tra Developments Limited from Bradley Joseph Projopowicz, Carmelito de la Cruz and Betty de la Cruz; and Josef and Maria Balazic; subject to the following conditions: 1) that the grading, drainage and retaining wall requirements be completed to the satisfaction of the City's Chief Building Official on the subject property and at 41 Shoemaker Street by June 1, 1990; 2) that security in the form of cash, certified cheque or letter of credit be provided to the City by March 29, 1990 to ensure completion of such works; COMMITTEE OF THE WHOLE MINUTES MAY 14, 1990 3) that, in the event that such works are not completed by such date, the City may enter upon the subject property and use such security to complete such works; and Consent - SOUTH WARD (Cont'd) 4) that all required occupancy and sign permits be applied for and received by April 11, 1990. Further that City Council's resolution of March 26, 1990 be rescinded." Raffle Lotteries It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Grand River Collegiate 25th Anniversary Celebration Committee to conduct a Raffle Lottery in the City of Kitchener, with the said draw to be held on June 1, 1991 at Bingeman Park Farms in Kitchener." - and - "That the Forest Hill T-Ball Association be granted permission to conduct a Raffle Lottery at Wilson Park, Kitchener, on August 5, 1990 with all proceeds to be used to offset expenses of the Canadian Open T-Ball Tournament to be held in Kitchener from August 3-5, 1990." - and - "That the Ontario Division of the Canadian Diabetes Association be granted permission to sell raffle lottery tickets in the City of Kitchener under Provincial Licence #790157 for two draws to be held between May 18, 1990 and June 16, 1990." Appointments - Kitchener Downtown Business Association It was resolved: "That we accept the nomination of Alan Wright and Bert Nowak to the Kitchener Downtown Business Association Board of Management for a term to expire November 30, 1991 ." Provincial Monte Carlo Licence It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Central Ontario Exhibition Association to conduct a Monte Carlo Event during the C.O.E. June 13-17, 1990 at 400 East Avenue, Kitchener." Industrial Consents The Committee was in receipt of a memorandum dated May 14, 1990, from Mr. J. Shivas, Assistant City Solicitor, requesting an addendum be considered relative to Recommendation 6.(b) in the agenda dealing with consent to a mortgage from Failer Holdings Limited pertaining to 63 Mclntyre Place. It was resolved: "That the City consent to a lease from lan Matthew, In Trust to Rolmaster Conveyors Ltd. of the property described as Part 18 on Reference Plan 58R-5840 and municipally known as 654 Trillium Drive." - and - COMMITTEE OF THE WHOLE MINUTES MAY 14, 1990 "That the City consent to a mortgage from Failer Holdings Limited to Bank of Montreal for the property described as Part 27 on Reference Plan 58R-5668 and municipally known as 63 Mclntyre Place, and further, That the City consent to the construction of a 19,620 square foot building in lieu of a 21,000 square foot building on the property Industrial Consents (Cont'd) described as Part 27 on Reference Plan 58R-5668 and municipally known as 63 Mclntyre Place." 7. Lawn Waterinq Restrictions The Committee was in receipt of a report from the Director of Utilities as well as report dated May 14, 1990, from L. MacDonald dealing with the by-law with regard to watering set fines under the Provincial Offences Act. It was resolved: "That City Council enact the Lawn Watering Restrictions By-law as prepared by the City Solicitor." - and - "That the City approve the short form wording and the suggested set fines for the offences under the watering by-law as set out in the Schedule dated May 14, 1990, and further, authorize Lesley MacDonald, Assistant City Solicitor, to submit this matter to the Chief Judge of the Provincial Offences Court for the establishment of set fines." 8. World Conqress of Local Governments - Appointment of Votinq Member A motion by Alderman J. Ziegler to take no action with respect to a request that the City send a voting representative to the World Congress of Local Governments for a Sustainable Future, September 5-8, 1990, in New York, was voted on and lost. On motion by Alderman G. Leadston - it was resolved: "That Mayor D.V. Cardillo or his designate be authorized to attend as a voting representative to the World Congress of Local Governments for a Sustainable Future, September 5-8, 1990, at the United Nations in New York." 9. Tender The Committee considered a recommendation to award Tender T90-46 for street sweepers to Frink Canada, Cambridge. In response to Alderman J. Ziegler, Mr. F. Clement advised that three units were being purchased and that none of the tendered units met all of the City's specifications. Mr. Clement commented that the specifi-cations were developed by the Fleet Division for what would be considered as an ideal piece of equipment and that it was recognized that no single piece of equipment met such ideal. It was resolved: "That tender T90-46, Street Sweepers, be awarded to Frink Canada, Cambridge at their tendered price of $334,225." 10. City Street Liqhtinq It was resolved: COMMITTEE OF THE WHOLE MINUTES MAY 14, 1990 "That Resolution #3 of the Finance Committee report adopted by City Council on February 12, 1990 is hereby rescinded, and further That the City Clerk be authorized to proceed with applications to the Regional Municipality of Waterloo and the Ontario Municipal Board for approval of a Capital Expenditure and the issuance of debentures in the amount of $2,660,000. regarding a contract to convert existing City street lighting to high pressure sodium luminaires by the end of 1990." 11. City-Owned Mobile Food Trailer The Committee was advised that approximately 8 years ago the City, with some financial support from Kitchener Minor Baseball, purchased and outfitted a mobile concession trailer for purposes of servicing major summer events and tournaments in parks where no permanent concession stands are located. However, staff have been advised that the mobile trailer is in violation of the City By-laws governing such vehicles as, firstly, the trailer was never licenced by the City for food and beverage vending and, secondly, the trailer does not conform to what is currently permitted under the Refreshment Vehicle By-law. Accordingly, staff of the Department of Parks and Recreation seek approval to continue to operate the trailer as in the past. It was resolved: "That, subject to a licence being obtained under Chapter 586 of the City of Kitchener Municipal Code, Council authorize the operation of the mobile food trailer purchased by the City with the financial support of Kitchener Minor Baseball within any park or recreation facility under the control and management of this Council." 12. Banner Request - 9th Annual Greek Food Festival The Committee was in receipt of a memorandum from D. Robertson requesting approval for the Greek Orthodox Community of Saints Peter and Paul Church, Kitchener-Waterloo District, to erect a banner on King Street at Frederick/Benton Streets. It was resolved: "That in conjunction with the 9th Annual Greek Food Festival to be held on May 27, 1990, the Greek Orthodox Community of Saints Peter and Paul Church, Kitchener-Waterloo District, be granted permission to have a banner erected on King Street at Frederick/Benton Streets from Tuesday, May 22nd to Monday, May 28th, 1990. Further, that this organization make the necessary arrangements with the City's contractor for the 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." 13. Raffle Lottery - Parkinson Foundation of Canada The Committee considered a memorandum from Mrs. Y. Ashley, Manager of Licensing, pertaining to the request of the Parkinson Foundation of Canada for permission to sell raffle lottery tickets in the City of Kitchener. It was resolved: "That the Parkinson Foundation of Canada be granted permission to sell raffle lottery tickets in the City of Kitchener under City of Toronto Licence #801461 for a draw to be held on September 14, 1990, in that City."