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HomeMy WebLinkAboutCouncil Minutes - 1999-08-16 SSPECIAL COUNCIL MINUTES AUGUST 16, 1999 CITY OF KITCHENER A special meeting of City Council was held at 11:45 a.m. this date and Chaired by Mayor C. Zehr with all members present except Councillors G. Lorentz, Jake Smola and C. Weylie. 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 and Administration Committee meeting this date concerning a request from Kitchener Vineyard Christian Fellowship for permission to use Goudies Green. Moved by Councillor J. Ziegler Seconded by Councillor J. Haalboom "That Council approve the request of the Kitchener Vineyard Christian Fellowship to hold a 'Yard Sale' on Goudies Green on August 28, 1999, subject to the Fellowship meeting the following conditions: (a) Obtaining a Temporary Vendor's Licence; (b) Providing proof of insurance, showing the City as an extra insurer in the amount of $1,000,000; (c) Paying a deposit for clean-up in an amount to be determined by staff; and, That the Mayor and Clerk be authorized to sign a lease agreement with Kitchener Vineyard Christian Fellowship in a form satisfactory to the City Solicitor; and further, That staff prepare a follow-up report to be presented to the Finance and Administration Committee." Carried. Council then considered a recommendation arising from the Finance and Administration Committee meeting of this date concerning a request from the Elizabeth Fry Society for permission to operate a lottery. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the Elizabeth Fry Society of Kitchener-Waterloo be approved to operate lotteries in the City of Kitchener on an ongoing basis, provided the funds raised are used to provide services directly to their clients as set out in their Letters Patent as the charitable mandate." Carried Council was in receipt of correspondence from Mrs. D. Chapelle, Vice-President, K-W Navy League Branch, requesting Council's approval for Tag Days on September 17 & 18, 1999. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Haalboom "That the Royal Canadian Sea Cadets No.94 WARSPITE, Kitchener-Waterloo Branch, be granted permission to hold Tag Days on Friday, September 17 and Saturday, September 18, 1999 at various malls, grocery stores, liquor store entrances in the City of Kitchener, provided permission is obtained from the manager or owner." Carried Council was in receipt of a report from J. Koppeser, dated July 16, 1999 recommending approval of a request from the AIDS Committee of Cambridge, Kitchener, Waterloo and Area, to operate a refreshment stand in Victoria Park. SPECIAL COUNCIL MINUTES AUGUST 16, 1999 - 327 - CITY OF KITCHENER Moved by Councillor M. Yantzi Seconded by Councillor John Smola "That the AIDS Committee of Cambridge, Kitchener, Waterloo and Area (ACCKWA), Kitchener, Ontario, be granted permission to operate refreshment stands in Victoria Park, Kitchener, on August 17, 1999 and September 26, 1999 provided the necessary Fire and Health approvals and licence are obtained; and further, That a nominal fee of $10 be applicable." Carried Council was in receipt of Business and Planning Services Department Report 99/114 (J. Jantzi/R. Mattice) recommending acceptance of an Offer to Purchase land in the Huron Business Park from Drago Stiplosek. R. Mattice further advised that staff do not foresee any problem in selling the remainder of the one acre site should Council approve the sale to Mr. Stiplosek. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That the City accept the Offer to Purchase from Drago Stiplosek with respect to lands composing the northerly 0.16 acres of Part 3 on Reference Plan 58R-9683 and abutting Washburn Drive at a purchase price of $75,000 per acre for a total of $12,000; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor." Carried. Council was in receipt of Business and Planning Services Department Report 99/119 (J. Jantzi/R. Mattice) recommending approval of an Assignment in regard to lands in the Lancaster Corporate Centre. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the City acknowledges receipt of the written notice dated July 20, 1999 from Canderel Stoneridge Properties Inc., and a copy of the Assignment of Agreement of Purchase and Sale entered into as of July 20, 1999 between Canderel Stoneridge Properties Inc., as Assignor and Economical Insurance Group, as Assignee, and the City hereby consents to the said assignment and releases Canderel Stoneridge Properties Inc. from any and all future liability, action, suit, proceeding, demand, cost or expense pursuant to the said Agreement; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor in this regard." Carried Council was in receipt of a memorandum from J. Shivas, City Solicitor, dated July 27, 1999 concerning restriction compliance and consent to transfer regarding 2-20 Howard Place. Moved by Councillor John Smola Seconded by Councillor J. Ziegler "That, on August 16, 1999, the property described as Unit 2, Level 1, W.N.C.C. Plan 95 and municipally known as 2-20 Howard Place, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 845932; and further, That the City consent to a transfer of Unit 2, W.N.C.C. Plan 95 municipally known as 2-20 Howard Place, Kitchener, from Jim Ritzer Construction Ltd. to Nickormel Inc." Carried SPECIAL COUNCIL MINUTES AUGUST 16, 1999 - 328 - CITY OF KITCHENER Council was in receipt of a memorandum from L. MacDonald, Assistant City Solicitor, dated July 29, 1999 recommending enacting of an encroachment agreement in regard to 40 Moore Avenue. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Part Lot 23, Plan 376, known as 40 Moore Avenue, to legalize the existing house as it encroaches 1.5', more or less, the back porch, concrete sidewalk and retaining wall as they encroach 4', more or less, and the side porch as it encroaches 2', more or less, onto a City owned laneway which is adjacent to their property, subject to the side porch being no more than 24" above grade." Carried. Council was in receipt of a report from J. Koppeser, Manager of Licensing, dated August 11, 1999 concerning granting of a Massagist Licence. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Nicole Gauthier, employed at 1412 Victoria Street N, Kitchener, be granted a Massagist Licence for the year 1999." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That this Council express its deep sense of loss following the recent passing of former Kitchener Alderman and first Regional Chair Jack Young. Jack's vitality and responsible leadership have left a marked impression on not only the residents of the City of Kitchener but the entire Region of Waterloo. His passing will be mourned by all who knew him. And further, that we extend our sincere sympathy to his bereaved wife and family." Carried Council was previously advised of two additional items for in-camera discussion this date, one relating to a labour relations/personal matter and the second is to a land acquisition/solicitor-client privilege matter. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter, two labour relations matters, two land acquisition matters and five matters subject to solicitor-client privilege; and further, That an in-camera meeting of City Council be held on August 26, 1999 to consider a land acquisition/solicitor-client matter." Carried The meeting then recessed at 11:45 a.m. and reconvened at 2:10 p.m., Chaired by Mayor C. Zehr with the following members present: Councillors T. Galloway, B. Vrbanovic, John Smola, K. Taylor- Harrison, J. Ziegler, M. Yantzi and C. Weylie. AUGUST 16, 1999 SPECIAL COUNCIL MINUTES - 329 - CITY OF KITCHENER Moved by Councillor K. Taylor-Harrison Seconded by Councillor M. Yantzi "That the City accepts the offer of Danish Teak Shop Limited, set out in the July 23, 1999 letter of its solicitor, John S. Daherty, to settle in full all of its expropriation claims relating to 200-204 King Street West for the additional, all inclusive sum of $89,500." Carried. Moved by Councillor M. Yantzi Seconded by Councillor K. Taylor-Harrison "That the Conditional Agreement of Purchase and Sale between The Corporation of the City of Kitchener and Charles Brahman, Marinus de Graat, John MacDonald, In Trust for an Ontario Corporation to be formed, dated February 11, 1999 be amended to extend all outstanding conditions both for the Vendor and the Purchaser to October 4, 1999, the requisition date for title search purposes to October 10, 1999 and the closing date to November 2, 1999." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk (a) A by-law to provide for a 1999 interim tax levy and payment of 1999 interim taxes for commercial, industrial, shopping centre, office building, parking lot, large industrial and multi-residential property classes (By-law No. 99-135) (b) To confirm all actions and proceedings of the Council (By-law No. 99-136) Ms. P. Houston, advised that the interim billing will comprise 50% of the total taxes owing and includes the 10-5-5 capping required by the Province. She stated that the billings will be mailed out August 20 with a due date of September 10, 1999 and will include explanation of the 10-5-5 calculation. Final billings are expected in late October or early November depending on when the Province provides additional information. Councillor B. Vrbanovic enquired whether the City would be compensated for its financial losses due to the delay in billing. Ms. Houston replied that to date these total approximately $400,000 and the Province has made some compensation commitment in regard to cash flow losses and administrative cost. On motion, the meeting adjourned at 2:15 p.m. MAYOR CLERK