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HomeMy WebLinkAboutCouncil Minutes - 2003-06-23 SSPECIAL COUNCIL MINUTES JUNE 23, 2003 CITY OF KITCHENER A special meeting of City Council was held at 5:15 p.m. this date, Chaired by Mayor C. Zehr with all members present except Councillor G. Lorentz. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council considered a recommendation arising from the Finance & Corporation Services Committee meeting held this date with respect to an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code requested by the Kitchener Youth Action Council for their Unity Jam event on July 1, 2003. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Youth Action Council for their Unity Jam event on July 1, 2003, between the hours of 6:00 P.M. and 11:00 P.M." Carried. Council considered Corporate Services Department report CRPS-03-126 (R. Gosse), dated June 18, 2003, recommending that the minutes of the June 9, 2003 special Council meeting be amended to correct an administrative error. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the minutes of the June 9, 2003 special Council meeting be amended to correct the recommendation concerning Tender T03-004 (Margaret Avenue Bridge Structural Modifications and Concrete Repairs), to reflect the adopted amount of $942,625.95." Carried. Council considered Development and Technical Services Department report DTS-03-127 (T. Malone- Wright), dated June 20, 2003, recommending a Temporary Occupancy Permit for 389 Queen Street South. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That enforcement of the City's Zoning By-law be waived with respect to the personal service use (hair salon) at 389 Queen Street South and temporary occupancy be approved subject to the use vacating the location in the event that the Minor Variance to be able to add the personal service use (hair salon) to the subject property is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application." Carried. Council considered Corporate Services Department report CRPS-03-137 (J. Koppeser), dated June 19, 2003, requesting direction regarding a request to operate a hot dog cart on June 27, 2003 at 281 King Street West. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the request of HSBC Investment Funds (Canada) Inc. to operate a Hot Dog Cart on the sidewalk in front of their business at 281 King Street West, Kitchener, be approved, providing the necessary licence is obtained, including Health and Fire approvals; and further, SPECIAL COUNCIL MINUTES JUNE 23,2003 -211- CITY OF KITCHENER That the nominal fee of $10.00 be applicable." Carried. Ms. L. MacDonald, Director of Legal Services & City Solicitor, circulated Corporate Services Department report CRPS-03-128, dated June 23, 2003, recommending modifications required to the Land Exchange Agreement between the City and Hallman Brierdale Limited. Ms. MacDonald explained the proposed modifications were required in order to facilitate the execution of the agreement made previously between the City and Hallman Brierdale Limited regarding a land exchange. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That with respect to the Land Exchange Agreement between the City and Hallman Brierdale Limited, dated May 2 and July 2, 2002 the City and Hallman Brierdale Limited have proceeded in good faith to complete the exchange of various parcels of land contemplated in the Land Exchange Agreement notwithstanding the expiration of various deadlines set out in the Agreement and accordingly the City shall undertake its best efforts to complete the exchange of the lands as soon as practicable; and, That with respect to the said Land Exchange Agreement, the City accepts a conveyance from Hallman Brierdale Limited to the City of the Woodlot lands described as Part 4 on Reference Plan 58R-13933 and the Creek Hazard Lands described as Parts 8, 9 and 10 on Reference Plan 58R-13933 in accordance with the provisions of the Agreement; and, That notwithstanding Council's Notice Policy, Council hereby authorizes staff to abridge the nine day period for giving notice in a newspaper to five days for the purposes of closing Part Lots 8, 10 and 11, Municipal Compiled Plan 791, being Part of Fulton Street (Parts 1, 2 and 3 on draft Reference Plan prepared by Metz & Lorentz Ltd., dated November 29, 2002) and directs staff to submit to Council for its consideration on July 2, 2003 a By-law to close said part of Fulton Street and subsequently convey same to Hallman Brierdale Limited reserving any easements necessary to protect underground services; and further That the Mayor and Clerk be authorized to execute any documents considered necessary by the City Solicitor to complete the exchange of lands as provided for in the Land Exchange Agreement." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That an in-camera meeting of City Council be held immediately following this special meeting to consider a land acquisition / disposition matter and four matters subject to solicitor-client privilege." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 2003-119 by the Clerk." Carried. On motion, the meeting adjourned at 5:18 p.m. MAYOR CLERK JUNE 23, 2003 SPECIAL COUNCIL MINUTES -212- CITY OF KITCHENER