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HomeMy WebLinkAboutCouncil Minutes - 2004-10-18 SSPECIAL COUNCIL MINUTES OCTOBER 18, 2004 CITY OF KITCHENER A special meeting of City Council was held at 12:11 p.m. this date, Chaired by Mayor C. Zehr and with all members present except Councillor J. Gazzola. 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 Corporate Services Department report CRPS-04-186 (L. MacDonald), dated October 15, 2004, regarding an Ontario Municipal Board appeal concerning a Committee of Adjustment Condition of Consent for properties on Old Pioneer Tower Road. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting respecting the matter as he has purchased property in the Deer Ridge Drive / Old Pioneer Tower Road area. Councillor M. Galloway assumed the Chair for the purpose of conducting this portion of the Council meeting. F. McCrea, Assistant City Solicitor, advised that at the hearing of the appeal before the Ontario Municipal Board held on September 27, 2004 a concern was raised regarding the issue of jurisdiction of the Board to hear the appeal in the absence of a formal resolution of Council. Ms. McCrea explained that Council did give direction, in camera, to the Director of Planning with respect to filing an appeal on the Committee of Adjustment decision. The recommendation before Council is a matter of ratifying the direction given to staff with respect to the appeal. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the appeal to the Ontario Municipal Board for the amendment of a condition to Consents to Sever numbered B-2004-020 to B-2004-025 inclusive, which was filed with the prior direction of Council by Jeff Willmer in his capacity as Director of Planning, on behalf of the Corporation of the City of Kitchener on May 25, 2004 be and is hereby ratified." Carried. Mayor C. Zehr assumed the Chair. Council was in receipt of correspondence from L. Gordon, Director of Purchasing, dated October 12, 2004, recommending awarding of a tender for the roof replacement at the Twin Cities Gymnastics / Judo Training Centre. Councillor G. Lorentz inquired if the City of Waterloo was contributing to the roof replacement as part of the joint agreement. F. Pizzuto, General Manager of Community Services, advised that the City of Waterloo has been approached with respect to contributing to the roof replacement and they have asked for time to review the agreement. Mr. Pizzuto added that at this time, the roof requires replacement as soon as possible and that staff will continue to follow up with the City of Waterloo. He further advised that staff would provide Council with an update with respect to the City of Waterloo's decision in the matter and will keep Council apprised of any problems regarding the agreement. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That Tender T04-028, Roof Replacement - Twin Cities Gymnastics & Judo Training Centre, be awarded to Conestoga Roofing & Sheet Metal Ltd., Cambridge at their tendered price of $151,384.65, including G.S.T. & P.S.T." Carried. Council considered Corporate Services Department report CRPS-04-184 (J. Witmer), dated October 13, 2004, regarding a request to permit the construction of a new commercial office building with a limiting distance measuring beyond the property line. OCTOBER 18, 2004 SPECIAL COUNCIL MINUTES - 365 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Part Lot 9, Beasley's Broken Front Concession, known as 4278 King Street East, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit the construction of a new commercial office building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property known as 4210 King Street East." Carried. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That an in-camera meeting of City Council be held immediately following this special meeting to consider three personal matters and two matters subject to solicitor-client privilege." Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "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 2004-193 by the Clerk." On motion, the meeting adjourned at 12:17 p.m. MAYOR CLERK