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HomeMy WebLinkAboutCouncil Minutes - 2000-07-31 SSPECIAL COUNCIL MINUTES JULY 31, 2000 CITY OF KITCHENER A special meeting of City Council was held at 3:10 p.m. this date and Chaired by Mayor C. Zehr with the following members present: Councillors John Smola, J. Haalboom, C. Weylie, T. Galloway, B. Vrbanovic, G. Lorentz and J. Ziegler. Notice of this special meeting had previously been given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Mr. Gary Flaxbard appeared on behalf of the Lower Doon Neighbourhood Group and the Homer Watson House Foundation in regard to a Conditional Agreement of Purchase and Sale with Ivan Buik Construction Limited for the purchase of the property at 1762 Old Mill Road. The subject property is adjacent to the Homer Watson House and Gallery and through the purchase is intended to form part of its grounds. Council was also in receipt of Finance Department report FIN-00-011 (P. Houston), dated July 28, 2000, outlining the financial implications of the proposal which involves a $50,000. capital contribution by the City and a 5-year interest free community loan of $130,000. Council was also in receipt of a presentation text from the Lower Doon Neighbourhood Group and Homer Watson House Foundation dated July 31,2000. Mr. Flaxbard spoke to the value of the subject property to the Homer Watson House and Gallery and the neighbourhood, noting that the Homer Watson House is one of only two preserved artists' residence in Canada. He stated that a budget of $220,000., including land transfer tax, foundation removal and re- landscaping, has been developed. It is anticipated that by closing on August 15, 2000, the Neighbourhood Group will have accumulated contributions and commitments totalling $133,000. Based on this estimate, Mr. Flaxbard indicated that the initial request for an interest free loan could now be reduced to $122,000. Mr. Flaxbard stated that the immediate concern in acquiring the property relates to preserving the setting of the Homer Watson House, and acquisition will provide a buffer to the east. He offered the opinion that the amount of the loan requested is small in comparison to the benefits to the Homer Watson House and Gallery and the neighbourhood. Mr. Flaxbard confirmed that the Neighbourhood Group is committed to raising the funds necessary to repay the loan requested of the City. Councillor B. Vrbanovic pointed out that the Homer Watson House and Gallery publication circulated to members of Council this date makes no mention of the fact that the City subsidizes this attraction. Mr. Flaxbard advised that he was not sure why the City's role was not acknowledged, but would point this out to the Curator. Councillor T. Galloway suggested that the amount of the loan required could be further reduced if additional work was performed by City crews as opposed to paying an outside contractor. Mr. J. Gazzola indicated that staff would investigate performing this work under the City's Winter Works Program. Councillor J. Haalboom circulated a motion to approve a capital contribution and an interest4ree loan. The motion was subsequently amended to incorporate changes suggested by several members of Council. Councillor T. Galloway voiced his support for the contribution and loan and described the subject lands as a useful acquisition which could be used for a variety of public purposes. He further stated that he is supporting this initiative on the basis that the neighbourhood is making a significant financial contribution toward the purchase. Councillor G. Lorentz questioned whether the land use designation would be changed by the City through a process involving wider public input. Councillor J. Haalboom advised that the neighbourhood would like the lands retained as green space, which was its previous use. A report in this regard was requested for consideration at the August 21, 2000 meeting of the Planning and Economic Development Committee. Councillor John Smola spoke to the issue of the precedent which would be established if Council agrees to the loan as requested. He noted that he is presently working with the Mobilization Alliance in the Mount Hope area, and it has been suggested that the neighbourhood be involved in the purchase of certain properties. He cautioned Council that a request in this regard might be forthcoming in future. Councillor B. Vrbanovic responded that he initially had concerns in regard to precedent; however, what distinguishes this request from other similar requests is that the Homer Watson House and Gallery is an historic site, combined with the fact that the neighbourhood is making a financial commitment. Mayor C. Zehr thanked the Lower Doon Neighbourhood Group for their interest and willingness in putting together the proposal and making a financial commitment. SPECIAL COUNCIL MINUTES JULY 31, 2000 - 377 - CITY OF KITCHENER The motion by Councillor Haalboom was then voted on, as amended. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That in order to facilitate the purchase of 1762 Old Mill Road by the Homer Watson House Foundation In Trust, the City of Kitchener contribute $50,000. from the Capital Contingency Fund, and waive all fees for a demolition permit and the disconnecting of the services to the subject property; and, That the City approve a 5-year interest-free, community loan to the Homer Watson House Foundation of up to $122,000., with the 2001 Capital Budget to include a corresponding amount, said loan to be repaid through donations, pledges and fund-raising to be undertaken by the Homer Watson House Foundation and the Lower Doon Neighbourhood Group, with payments in 5 equal, annual instalments, or earlier if possible; and further, That staff provide in-kind services for landscaping and legal fees, and investigate the feasibility of City employees performing any additional work involved in rehabilitating the subject property." Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That the City of Kitchener has no objection to a liquor licence being issued to the Our Lady of Fatima Committee to operate a beer tent at the Annual Community Festival to be held on September 2 & 3, 2000, at the Kitchener Portuguese Club, 1548 Fischer-Hallman Road, Kitchener, provided a building permit is obtain for the erection of the tent." Carried. Council then considered a recommendation relative to its previous in-camera direction that Theatre & Company occupy the upper floor of the Farmers' Market while a new theatre is being constructed. Moved by Councillor J. Ziegler Seconded by Councillor J. Haalboom "That the Mayor and Clerk be authorized to execute a sub-lease with K-W Performing Arts Association with respect to the upper level of the Market located at 49 Frederick Street, said tenancy to commence August 1, 2000, for approximately 8-9 months." Carried. Councillor B. Vrbanovic advised that the agenda item relative to 231 Grand River Boulevard does not require action at this time as staff are in the process of resolving the issue, with demolition to proceed within the next week or two. Mayor C. Zehr advised of an additional item for consideration this date involving a budget shortfall with respect to the tender for the construction of Fire Station #3. In this regard, Council was circulated with Fire Department report KFD-00-008 (N. Kuntz), dated July 31, 2000. A brief discussion took place as to whether this item should be considered, given that all members of Council are not present. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That an exemption be granted in respect to Chapter 25 (Council Procedure) of the Municipal Code so as to allow for consideration this date of the staff recommendation involving a budget shortfall in regard to the construction of Fire Station #3." Carried. SPECIAL COUNCIL MINUTES JULY 31, 2000 - 378 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Council approve an additional amount of $181,000. in regard to the construction of Fire Station #3, with this amount to be included in the 2001 Capital Budget submission." Carried. Mr. R.W. Pritchard spoke to the staff recommendation directed by Council at its in-camera meeting of July 4, 2000, regarding the appointment of Mr. Gary M. Sosnoski as the City Clerk and other related matters. He indicated that he is pleased to bring forward the recommendation and is very supportive of the initiative as it is a logical step in the succession process and is of benefit to the Corporation. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz That the revised Department of Corporate Services organizational chart, dated July 31, 2000, be approved. That Mr. R.W. Pritchard's current title be changed to General Manager, Corporate Services Department. 3. That Mr. Gary M. Sosnoski be appointed City Clerk effective this date. That Mr. R.W. Pritchard be appointed as Deputy City Clerk for purposes of all City Clerk's statutory responsibilities in the absence of Mr. G. Sosnoski. That pursuant to Section 49(1) of the Municipal Freedom of Information and Protection of Privacy Act, the Head delegate to Mr. Gary M. Sosnoski, City Clerk, all the rights, powers and duties of the Head under the Act; and, That on each and every occasion when the City Clerk is absent, ill or otherwise unable to exercise the rights, powers or duties of the Head, these be in turn delegated to Mr. Robert W. Pritchard, General Manager of Corporate Services; and further, That on each and every occasion when both the City Clerk and the General Manager of Corporate Services are absent, ill or otherwise unable to exercise the rights, powers and duties of the Head, these be in turn delegated to Mr. Robin Keirstead, Manager of Corporate Records. That since the Province has recommended the Head be assisted by designating an individual on staff to co-ordinate various activities relating to requirements of the Municipal Freedom of Information and Protection of Privacy Act, Mr. Robin Keirstead, Manager of Corporate Records, be appointed as the Freedom on Information and Privacy Co- ordinator. That Clauses 10 and 11 of the report of the Civic Administration Committee, adopted by City Council August 13, 1990, be repealed." Carried. Mayor C. Zehr advised of the need for an in-camera meeting immediately following this special meeting to consider three matters subject to solicitor-client privilege. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following this special meeting to consider three matters subject to solicitor-client privilege." Carried. SPECIAL COUNCIL MINUTES JULY 31, 2000 - 379 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) To appoint a Clerk for the City of Kitchener (b) (c) (d) (By-law No. 2000-123) Being a by-law to amend Chapter 134 of the City of Kitchener Municipal Code regarding Appointment of a Lottery Licensing Officer. (By-law No. 2000-124) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment of Staff- Provincial Offences Act. (By-law No. 2000-125) To confirm all actions and proceedings of the Council. (By-law No. 2000-126)." Carried. On motion, the meeting adjourned at 4:00 p.m. MAYOR CLERK