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HomeMy WebLinkAboutCouncil Minutes - 2000-11-09 SSPECIAL COUNCIL MINUTES NOVEMBER 9, 2000 CITY OF KITCHENER A special meeting of City Council was held at 11:00 a.m. this date and Chaired by Mayor C. Zehr with the following members present: Councillors C. Weylie, K. Taylor-Harrison, John Smola, T. Galloway, J. Ziegler, B. Vrbanovic, M. Yantzi and 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 was in receipt of correspondence from Mrs. Dorothy E. Chapell requesting permission to hold a 'Tag Day' for the Royal Canadian Sea Cadet Corps 94 WARSPITE on November 24 and 25, 2000. The dates previously approved by Council conflicted with the Boy Scouts of Canada 'Apple Day' and as a result the Sea Cadet 'Tag Day' had to be rescheduled. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That Council grant the request of the Royal Canadian Sea Cadet Corps 94 WARSPITE to hold a 'Tag Day' in the City of Kitchener on November 24 and 25, 2000." Carried. Council was in receipt of Legal Department report LEG-00-067 (A. Menon) requesting ratification of an earlier decision by Chief Administrative Officer J. Gazzola to exempt the Grand River Hospital from posting a Letter of Credit in respect to construction of the new Cancer Treatment Centre. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the City ratify the decision of J. Gazzola, C.A.O., to exempt Grand River Hospital from the requirement to post Performance Security under its Section 41 Site Plan Agreement with the City dated October 26, 2000, respecting the construction of a new cancer treatment centre at 835 King Street West; and further, That Section 5 of Policy I - 687 be amended to include all hospitals as defined in the Public Hospitals Act, R.S.O. 1990." Carried. MOTION FOR RECONSIDERATION Councillor J. Ziegler gave notice at the October 23, 2000 Council meeting that he would introduce a Motion for Reconsideration of Council's earlier decision in respect to an exemption for a proposed chip wagon at 471 King Street East. Council was in receipt of Business and Planning Services Department report BPS-00-151 (J. Witmer/B. Stanley), dated October 19, 2000, and providing a summary of events relative to the license application for a chip wagon at 471 King Street East. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Council reconsider its decision of October 2, 2000 in which it took no action to exempt the proposed chip wagon at 471 King Street East from Chapter 586 (Refreshment Vehicles) of the City's Municipal Code." Carried with the required 2/3 majority. Mr. David Divell, Plattsville, appeared in support of the applicant's request for permission to operate a chip wagon on the subject property. He also advised that he is speaking on behalf of the applicant, Mr. Hoang Nguyen. Mr. Divell questioned the applicability of the objection received from the owner of Coffee Time Donuts as in his view that business falls outside of the 100m distance separation within which business owners must be notified. He suggested that Mr. Nguyen would clean up and improve SPECIAL COUNCIL MINUTES NOVEMBER 9, 2000 - 531 - CITY OF KITCHENER the area around his chip wagon and would install seating only during the summer months, and that during the winter months students would likely frequent Coffee Time Donuts. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That notwithstanding Section 586.3.15 of Chapter 586 (Refreshment Vehicles) of the Municipal Code, Council grant the appeal of Mr. Hoang Nguyen and allow him to operate the business known as Norm's Chip Wagon at 471 King Street East; and further, That the above be conditional upon the applicant obtaining all necessary licences and permits, and locating the chip wagon on the portion of the subject property which has frontage on Charles Street." Councillor M. Yantzi acknowledged that the chip wagon may be technically within 200m of a neighbouring business, but that the City needs to be reasonable in determining whether neighbouring businesses would be adversely affected. He noted that the applicant has agreed, with the exception of coffee, to not sell products which would compete directly with neighbouring businesses. Councillor Yantzi pointed out that the principle customer base for businesses in the area is Cameron Heights Collegiate which has a large student population. He added that Mr. Nguyen has invested approximately $21,000. in the business to date and may not have understood staff when they explained the necessary permit and licensing requirements. A number of individual Councillors spoke in support of the motion, and Councillor T. Galloway noted that he does not support placing any restrictions on products as a condition of licence approval. Councillor John Smola expressed concern that granting the licence under the circumstances may establish an unsuitable precedent. Councillor B. Vrbanovic questioned Mr. B. Stanley as to the status of the City's one-stop shopping concept. Mr. Stanley replied that the process is in place, and that staff must make a judgment in regard to what particular services the applicant requires. He also pointed out that the situation before Council came to light as the business was operating illegally, and not as a result of the applicant working with a business facilitator. Councillor Vrbanovic advised that he has heard concerns expressed that the City is still not where it should be in terms of one-stop shopping and asked that a report be brought back in this regard for consideration by the new Council. The motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler, was then put to a vote and Carried. Council was in receipt of memorandum from L. Gordon in regard to Expression of Interest E00-099 - Consultant and Architectural Services - Kitchener Memorial Auditorium Complex Expansion and Upgrades. They were also in receipt this date of memoranda from L. Gordon outlining two additional Expressions of Interest in regard to consultant services for road re-construction involving portions of Ahrens, College, Church, Eby and George Streets. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Expression of Interest E00-099, Consultant Services - Architectural Services - Kitchener Memorial Auditorium Complex Expansion and Upgrades, be awarded to Brisbin Brook Beynon Architects, Toronto, Ontario at their estimated fee of $25,680., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." Carried. Moved by Councillor J. Ziegler Seconded by Councillor K Taylor-Harrison "That Expression of Interest E00-088, Consultant Services - Reconstruction of Ahrens Street (Victoria to Young) and College Street (Weber to Ahrens), be awarded to Conestoga-Rovers & Associates, Waterloo, Ontario at their estimated fee of $86,780.21, including a 10% SPECIAL COUNCIL MINUTES NOVEMBER 9, 2000 - 532 - CITY OF KITCHENER contingency and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E00-090, Consultant Services - Reconstruction of Church Street (Benton to Madison), Eby Street (Church to Charles) and St. George Street (Benton to Cedar), be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $213,037., including a 10% contingency and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Taylor-Harrison "That City Council authorize the Chief Administrative Officer to award City of Kitchener tenders during the period November 13, 2000 to December 1, 2000, inclusive, provided the total project costs are within the approved budgets; and further, That a report of the tenders approved by the Chief Administrative Officer during this period be made to Council at its meeting of December 18, 2000." Carried. Councillor B. Vrbanovic questioned when the request for proposal for the Fire Hall reorganization will come before Council for consideration. Mr. L. Gordon replied that the initial responses received were inappropriate and that the scope of the work has since been redefined. Closing for proposals in response to the redefined project will be in approximately three weeks. Councillor Vrbanovic asked that the City Clerk ensure that a report and recommendation come back directly to Council. Council was in receipt this date of Legal Department report LEG-00-068 (L. MacDonald), dated November 8, 2000, recommending execution of an agreement with 3Com Canada Inc. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That notwithstanding Section 25.4.4 (e) of Chapter 25 (Council Procedure) of the Municipal Code, and in view of the fact that the limitations imposed on Council by Section 107 of the Municipal Act will prevent it from dealing with this matter prior to November 30, 2000, the staff recommendation contained in Legal Department report LEG-00-068 be added to the agenda for consideration this date." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to execute the Hardware Installation and Service Agreement pertaining to the Waterloo Region Education and Public Network (WREPNET), formerly WRECN, satisfactory to the City Solicitor, with 3Com Canada Inc. to authorize the installation and service of the prescribed equipment relating to the sites owned or contracted by The Corporation of the City of Kitchener." Carried. SPECIAL COUNCIL MINUTES NOVEMBER 9, 2000 - 533 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor John Smola "That an in-camera meeting of City Council be held immediately following this special meeting to consider a matter subject to solicitor-client privilege." Carried. The meeting then recessed at 11:35 a.m. to allow for consideration of the in-camera agenda, and re- convened at 11:45 a.m. with all members present except Councillor J. Haalboom. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the City of Kitchener support the bid to host the 2003 World Junior Hockey Championship in partnership with the City of Hamilton and the Ontario Hockey Federation; and further, That the City agree to contribute a grant of $25,000. to the Host Committee should the event be awarded to the Cities of Kitchener and Hamilton." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "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) (b) Being a by-law to amend By-law 98-175 which exempts from Part Lot Control - Part Block 1 and Block 2, Plan 58M-87; Part Blocks 1, 4, 5, 6, 7, 9 and 11 and Blocks 2, 3, 12, 13 and 14, Plan 58M-84 - Pioneer Tower Crescent and Deer Ridge Drive. To confirm all actions and proceedings of the Council. (By-law No. 2000-209) (By-law No. 2000-210)." Carried. On motion, the meeting adjourned at 11:47 a.m. MAYOR CLERK