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HomeMy WebLinkAboutCouncil - 2013-08 12 S SPECIAL COUNCIL MINUTES AUGUST 12, 2013 CITY OF KITCHENER A special meeting of City Council was held at 1:06 p.m. this date, chaired by Mayor C. Zehr with all members present except Councillor F. Etherington. Notice of this 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 Corporate Services Committee meeting held earlier this date concerning a housekeeping amendment to Chapter 650 (Lot Maintenance) of the Municipal Code. A motion was brought forward by Councillor J. Gazzola, seconded by Councillor Y. Fernandes, to defer consideration of the housekeeping amendment to Chapter 650, to the August 26, 2012 Council meeting. LOST Councillor Gazzola’s deferral motion was then voted on and was on a tie vote with Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki, Y. Fernandes and P. Singh voting in favour; and Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, B. Vrbanovic and S. Davey voting in opposition. Councillor F. Etherington was absent from this meeting and accordingly did not vote. Carried The following motion was on a recorded vote with Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway-Sealock, B. Vrbanovic, P. Singh and S. Davey voting in favour; and Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki and Y. Fernandes voting in opposition. Councillor F. Etherington was absent from this meeting and accordingly did not vote. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock “That a by-law be enacted to amend Chapter 650 (Lot Maintenance) of the City of Kitchener Municipal Code, with respect to the outdoor storage of collectable waste, as outlined in Community Services Department Report CSD-13-081.” Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held earlier this date concerning a social gaming application from the Beth Jacob Congregation. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock “That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on October 2, 2013.” Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held earlier this date concerning a liquor licence application for 281 King Street West. Moved by Councillor P. Singh Seconded by Councillor K. Galloway-Sealock “That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor licence for Union Burger located at 281 King Street West, applied for by Obsidian Group Inc. (herein referred to as the “Applicant”); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: SPECIAL COUNCIL MINUTES AUGUST 12, 2013 - 171-CITY OF KITCHENER 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area’s License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any).” Carried. Councillor B. Vrbanovic had given notice that he would introduce the following motion for consideration this date, which was revised since the printing of the meeting agenda to include a reference to the Canadian Pacific Railway (CP) in Clause 1. Councillor D. Glenn-Graham left the meeting at this time. CarriedUnanimously The following motion was on a recorded vote by all members present. Moved by Councillor B. Vrbanovic Seconded by Councillor B. Ioannidis “WHEREAS the railway has an extensive history in Canada and the City of Kitchener with rail lines running through Kitchener: the Canadian National Railway (CNR), the Canadian Pacific Railway (CP) and the Goderich-Exeter Railway (GEXR) spur lines; and, WHEREAS in recent months, Canadians have witnessed the tragic derailment that took place in the community of Lac-Mégantic, Quebec, and the serious bridge derailment in Calgary, Alberta, following the recent floods; WHEREAS communities like Kitchener, are on the frontline of responding to those kinds of accidents and must be properly informed and equipped to protect residents; WHEREAS the Federation of Canadian Municipalities (FCM) has formed a National Municipal Rail Safety Working Group to address the concerns of railway safety with the federal government and Canada’s railway industry; THEREFORE BE IT RESOLVED that the City of Kitchener acknowledge the work of FCM’s new Rail Safety Working group and endorse its 3 guiding principles: 1. To ensure that the safety of Canada's rail transportation system must be a federal priority and a clear federal responsibility; 2. To ensure that the government must respond to safety recommendations made by the Transportation Safety Board, and address previously identified safety deficiencies; and, 3. To acknowledge that Federal-municipal partnership is essential to ensuring rail safety; BE IT FURTHER RESOLVED that as an interim step to enhance community safety, the Corporation of the City of Kitchener communicate with all railway companies running through SPECIAL COUNCIL MINUTES AUGUST 12, 2013 - 172-CITY OF KITCHENER the City of Kitchener requesting that they provide the necessary information on railway traffic to the City’s Fire Chief in order to provide for appropriate emergency preparedness; and, BE IT FINALLY RESOLVED that this motion be shared with the Federal Minister of Transport, local area MPs, the Federation of Canadian Municipalities, the Association of Municipalities of Ontario (AMO), and the other municipalities within Waterloo Region.” Carried. Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That an in-camera meeting of City Council be held this date to consider a labour relations matter and two matters subject to solicitor-client privilege.” Carried. Council agreed to the request of Mr. C. Goodeve, Supervisor of Legislated Services & Deputy City Clerk,to add an additional by-law for three readings this date related to housekeeping amendments to Chapter 650 (Lot Maintenance) of the Municipal Code. Moved by Councillor Z. Janecki Seconded by Councillor S. Davey “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) Being a by-law to amend By-law 2011-101 to extend the time period for exemption from Part Lot Control – Blocks 2,3 and 7 and Part of Blocks 1, 4, 5 and 8, Registered Plan 58M- 365 – Deer Creek Street. (By-law No. 2013-097) (b) Being a by-law to amend Chapter 650 of the City of Kitchener Municipal Code with respect to Lot Maintenance. (By-law No. 2013-098) (c) To confirm all actions and proceedings of the Council. (By-law No. 2013-099).” Carried. On motion the meeting adjourned at 1:20 p.m. MAYOR CLERK