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HomeMy WebLinkAboutCtee of the Whole - 1990-09-24CVV~1990-09-24 COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 24, 1990 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Committee of Adjustment - Fence & Si(In Variances a) Submission No. F 3~90 - Jose Muncan This item was dealt with under Delegations. b) Submission No. S 13/90 - Eliada & Charalampos Kyprianou It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 18, 1990, recommending approval of Submission No. S 13/90 - Eliada Kyprianou & Charalampos Kyriancou - Be Ratified and Confirmed." 2. Raffle Lottery 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 16, 1990 at 300 Mill Street, Kitchener." Alderman B.M. Hiscott disclosed a conflict of interest and abstained from all discussion and voting as his wife is involved in fundraising for the Kitchener Waterloo Gymnastics Club. 3. Aqreement with Canada Post It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with Canada Post Corporation which will entitle the City to reduced postal rates for the mailing of utility bills for a term to expire July 31, 1991 ." Alderman G. Lorentz disclosed a conflict of interest and abstained from all discussion and voting as he is employed by Canada Post Corporation. 4.By-Election Costs It was resolved: "That the funds necessary to cover the $22,000.00 estimated by-election costs to fill the seat vacated by former Alderman W.A. Ferguson be appropriated as follows: 1) Firstly, from City accounts that as of this date are underspent. 2) Any remaining balance be charged as an over-expenditure to the 1990 Election Account and covered out of general revenue year end surplus." 5. Consent to Use of "Kitchener" in Corporate Name The Committee considered a letter from Olsen, Rotberg, Barristers and Solicitors, requesting on behalf of their clients permission to use the name "Kitchener" in the establishment of a new COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 24, 1990 Jewish Day School. It was pointed out in the correspondence from Mr. S. Rotberg that it is the policy of the Ministry of Consumer and Commercial Relations not to incorporate a non-profit corporation that contains in any way the name of a municipality unless the municipality consents. Consent to Use of "Kitchener" in Corporate Name (Cont'd) It was resolved: "That the City of Kitchener has no objection and consents to use of 'Kitchener' with regard to incorporation of the 'Kitchener-Waterloo Hebrew Day School'." Sunday ShoppinR - Resolutions of Reqional Municipality of Waterloo The Committee considered resolutions of the Regional Municipality of Waterloo dealing with Sunday Shopping, one of which proposes that the Solicitors of area municipalities meet to discuss the issue of a Sunday Shopping By-law. It was resolved: "That the Regional Municipality of Waterloo be requested to defer its resolution of August 16, 1990, wherein area municipalities were requested to indicate whether they wish their Solicitors to meet to discuss the issue of a Sunday Shopping By-law so as to allow the Legislature to address Sunday Shopping at its first sitting." Parking By-law Infractions - SOUTH WARD This item was dealt with under Delegations. Riverbend Drive - BRIDGEPORT NORTH WARD It was resolved: "That, in exchange for Part 6 on Plan 58R-6800, the City of Kitchener will transfer to Harvey and Clara Benedict Parts 7, 8 and 17 on said Plan with Part 7 being subject to an Easement in favour of the City with respect to the placement of a sign. Further, that the City will construct and pave a new access driveway from the extension of Bridgeport Road over Parts 9 and 17 on said Plan. And Further, that upon all of the above taking place, the City will Quit Claim to Harvey and Clara Benedict the existing right-of-way over Part 3 on the said Plan. All reasonable legal costs involved to be absorbed by the City." - and - "That, in exchange for Parts 3, 15 and 16 on Plan 58R-6800, the City of Kitchener will transfer to 712608 Ontario Limited Part 9 on said Plan and will construct a new access driveway over Part 9 and Part 17 on said Plan from the extension of Bridgeport Road and will provide a six inch sanitary sewer connection and gas and water connections. (It being understood also that Hydro poles and lines were to be relocated and that the City was to enclose its storm water pond with a fence). Further, that all reasonable legal costs involved to be absorbed by the City. And Further, that the Mayor and Clerk are hereby authorized to sign and seal all documents as prepared by the City Solicitor necessary to effect the above transactions." Tenders It was resolved: COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 24, 1990 "That tender T90-76, Green Street Reconstruction, be awarded to J. Weber Contracting Limited, Breslau, at their tendered price of $148,148.00." - and - Tenders (Cont'd) "That tender T90-1, Concrete Sidewalk Construction, be awarded to Sousa Concrete, Curbs and Sidewalks, Branchton, at their tendered price of $43,422.50." 10. Africa 2000 Proqram - Fundinq It was resolved: "That pending the receipt of community donations towards the Community Project portion of the Africa 2000 Program, the City provide upfront funding to the total of $10,000. to be raised locally, so that a $20,000. contribution from the Federal Government can be received and transferred to Namibia at the time of the visit by City Representatives in October." 11. 1990 Local Government Week The Committee was in receipt of a report from Mr. L.F. Parkhouse, Deputy Clerk, with respect to proclamation of Local Government Week which the Provincial Government had only recently decided to hold from October 15 to 20, 1990. It was noted that Council did not provide funding in its 1990 Budget for Local Government Week activities but that it may wish to include a reduced level of activity requiring a budget of approximately $2,600.00. Following discussion, the Committee indicated that it was not in favour of any expenditure. It was resolved: "That the week of October 15 to October 20, 1990 be proclaimed Local Government Week in the City of Kitchener." 12. City of Kitchener Vacancy on Reqional Council Moved by Alderman C. Weylie Seconded by Alderman B.M. Hiscott "That we hold a vote in this open meeting by secret ballot to decide who will represent the City of Kitchener as a replacement for former Councillor W.A. Ferguson on the Council of the Regional Municipality of Waterloo." Carried. Moved by Alderman B.M. Hiscott Seconded by Alderman G. Leadston "That Aldermen B. Stortz and G. Lorentz be nominated to fill the vacant seat of former Councillor W.A. Ferguson on the Council of the Regional Municipality of Waterloo." Carried. Committee members voted by secret ballot and following tabulation of the votes, Mr. R.W. Pritchard, City Clerk, advised that Alderman G. Lorentz had received a majority of votes. Moved by Alderman B. Stortz Seconded by Alderman G. Leadston "That Alderman G. Lorentz be appointed as a Councillor on the Council of the Regional Municipality of Waterloo to fill the unexpired term of the vacancy created as a result of the resignation of former Councillor W.A. Ferguson." Carried. COMMITTEE OF THE WHOLE MINUTES SEPTEMBER 24, 1990 13. Schedule of 1991 Budget Committee Meeting and Deadline Dates Mr. J. Gazzola distributed a schedule of Finance Committee meeting dates relative to consideration of the 1991 Budget and following discussion it was agreed that any members of the Committee who found that the dates conflict with other City or Regional commitments advise the Mayor's Office within a few days of any requested revisions to the schedule. 14. Consent to a Debenture and Quit Claim Deed The Committee considered a memorandum dated September 24, 1990, from Mr. J. Shivas advising that pursuant to restrictions in the original deed from the City respecting 33 Mclntyre Drive, the City has been requisitioned to consent to a transfer. It was resolved: "That the City consent to a debenture from Ukcan Investments Inc. in favour of Canadian Imperial Bank of Commerce for the property described as Part 12, on Reference Plan 58R-5668 and municipally known as 33 Mclntyre Drive, Kitchener, subject to applying for and obtaining occupancy certificates, 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 Schedule 'A' to Instrument No. 899098 respecting Part 12 on Reference Plan 58R-5668 and municipally known as 33 Mclntyre Drive, Kitchener." 15. Expropriation Settlement - 35 College Street It was resolved: "That the City accepts the offer from Planning Initiatives Inc., as set out in the September 18, 1990 letter from its solicitor, Mr. John Doherty, to settle in full all of its claims arising from the expropriation of 35 College Street for the sum of $41,500.00 including interest from September 4, 1989 plus legal fees in the sum of $4,000.00." 16. Resignation - Anthony T. Keller - K-W Hospital Commission The Committee was in receipt of a copy of a letter from Mr. Anthony T. Keller tendering his resignation from the Kitchener-Waterloo Hospital Commission due to the fact that he no longer works nor lives in the City of Kitchener and that it was no longer appropriate to serve as a Kitchener representative on the Commission. The Committee was also in receipt of correspondence from Mr. R.W. Pritchard advising that unless further direction was given he would assume that the position would remain vacant and not be filled until City Council meets in special session to make its appointments for the new term commencing December 1, 1990. The Committee concurred with this approach. 17. Appointment to Centre In The Square Inc. On motion by Alderman G. Lorentz- it was resolved: "That Alderman B. Stortz be appointed to the Board of the Centre In The Square Inc. to fill the unexpired term of former Alderman W.A. Ferguson."