HomeMy WebLinkAboutCouncil Minutes - 1994-05-02 SCOUNCIL\1994-05-02-SPE
SPECIAL COUNCIL MINUTES
MAY 2, 1994
CITY OF KITCHENER
The Council of the Corporation of the City of Kitchener met this date in special session with all members
present except Councillor J. Smola who entered shortly after the commencement of the meeting.
Notice of the special meeting had previously been given by the City Clerk pursuant to Chapter 25 of The
Municipal Code.
Council was in receipt of a memorandum and recommendation from Mr. J. Shivas dated May 2, 1994
advising that the City has been requisitioned to consent a transfer of 299 Bridge Street East from Bev
Shearer & Sons Roofing to K-W Precision Metal Products Ltd. pursuant to restrictions in the original deed
from the City. It was pointed out that the Department of Planning and Development has advised that
landscaping is not being maintained and for that reason it was being recommended that consent be
conditional upon the required landscaping being restored by June 15, 1994. Councillor G. Leadston
advised that he supported approval of the consent and asked the Economic Development Division to
prepare a report discussing the clause that caused this legal disagreement and provide a
recommendation as to whether similar clauses should be eliminated or modified in respect to future
agreements. Mr. J. Shivas indicated that he could prepare such a report.
Mr. Richard Biggs, Barrister, expressed concern that the proposed recommendation makes the consent
conditional whereas they were trying to finalize matters in order to complete an offer. He asked that the
conditional phrase be removed on the understanding that the two parties would resolve the City's
concern. Councillor M. Yantzi questioned what assurance could be given that this would be done.
Mr. John Nanson, Somer Nanson, 181 Frederick Street, advised that the issue was a very minor item
relating to a small planting and that in fact the landscaping was substantially complete.
Councillor J. Smola entered the meeting at this point.
Moved by Councillor G. Leadston
Seconded by Councillor M. Wagner
That the City consent to a transfer from Bev Shearer & Sons Roofing to K-W Precision Metal
Products Ltd. of the property described as Part 1 on Reference Plan 58R-3388 and municipally
known as 299 Bridge Street East, Kitchener.
Carried.
Mr. J. Shivas asked for consideration of a matter that was dealt with by City Council at its meeting held
March 28, 1994. He acknowledged that prior to the meeting Mr. L.W. Neil had advised him that Chapter
25 of the Municipal Code requires that items to be considered at any special meeting of City Council be
specifically identified in the meeting notice. Mr. Shivas commented that the issue was not a new one and
the resolution he was proposing simply represented a different approach in order to facilitate a property
closing transaction in the Industrial Park.
Moved by Councillor G. Lorentz
Seconded by Councillor C. Zehr
That the City repurchase Part 30, Reference Plan 58R-5668 from Gedja Holdings Incorporated In
Trust and Lotzmann Holdings Incorporated In Trust for the sum of $80,000 and sell same, for the
same consideration to K.S.K. Framing Construction Ltd. (Joe Sukola), subject to the City's
standard restrictive covenants;
And further, that Council rescind its resolution adopted March 28, 1994 respecting this matter.
Carried.
MAY 2, 1994
SPECIAL COUNCIL MINUTES
- ~37-
CITY OF KITCHENER
Moved by Councillor C. Weylie
Seconded by Councillor M. Yantzi
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 94-80 by the Clerk.
Carried.
On motion, the meeting adjourned.
MAYOR CLERK