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HomeMy WebLinkAboutCouncil Minutes - 2001-02-19 SSPECIAL COUNCIL MINUTES FEBRUARY 19, 2001 CITY OF KITCHENER A special meeting of City Council was held at 11:25 a.m. this date and Chaired by Mayor C. Zehr with all members present. 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. Mayor C. Zehr advised that one of the in-camera items on the agenda of this date is being withdrawn, and accordingly, the number of personal matters in the meeting authorization motion should be reduced from two to one. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That an in-camera meeting of City Council be held immediately following this special meeting to consider one personal matter, a labour relations matter and two matters subject to solicitor- client privilege." Carried. Councillor J. Smola requested consideration of a motion similar to that enacted by the Council of the Regional Municipality of Waterloo at its January 17, 2001 meeting concerning repair of the Conestoga Dam. Councillor Smola read the motion, and Council unanimously agreed to consider the matter this date. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "WHEREAS the Grand River Conservation Authority has advised the Regional Municipality of Waterloo that major repairs are required to the gates of the Conestogo Dam; AND WHEREAS this dam provides flood control and summer flow augmentation for the Conestogo and Grand Rivers; AND WHEREAS there is a serious threat to public safety and water quality along these rivers if the Conestogo Dam is unable to operate; NOW THEREFORE BE IT RESOLVED THAT the City of Kitchener supports the request of the Grand River Conservation Authority for Provincial funding for the repair of the gates at the Conestogo Dam, and supports Regional Chair K. Seiling in his approach to the Honourable John Snobelen concerning this issue and its threat to public safety and water quality; AND THAT in conjunction with the Grand River Conservation Authority, a meeting be arranged with all Mayors in the Grand River Watershed, the Regional Chair, Chair of the Grand River Conservation Authority and all MPPs in the Grand River Watershed to discuss this issue; AND FURTHER THAT this letter be circulated to all municipalities and MPPs in the Grand River Watershed." Carried. On motion, the meeting recessed at 11:30 a.m. and re-convened at 4:20 p.m., Chaired by Mayor C. Zehr with all members present. It is noted for the record that Councillor J. Smola disclosed a pecuniary interest and abstained from all discussion concerning a labour relations matter discussed in-camera earlier this date. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That pursuant to Chapter 25 (Council Procedure), Article 25.4.4(e) of the Municipal Code, an item be added to the special Council agenda this date dealing with a proposed provincial regulation concerning the content and form of municipal property tax bills." Carried with required consent of the entire Council. SPECIAL COUNCIL MINUTES FEBRUARY 19, 2001 - 68 - CITY OF KITCHENER A draft resolution was circulated for consideration as a response to the Province's intent to introduce a regulation dealing with both the content and form of municipal property tax bills. It was suggested that the resolution also be circulated to the Premier of Ontario, the Ministry of Municipal Affairs and Housing and LUMCO. Councillor J. Ziegler requested that a further paragraph be added to emphasize the various additional costs that would be incurred by municipalities to implement the proposed changes within such a short time frame. Mayor C. Zehr indicated that he would provide a copy of the resolution to Ontario members of the FCM Big City Mayors' Caucus. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "WHEREAS Municipal Treasurers were advised on February 5, 2001, that the Minister of Finance is proposing to introduce a regulation in the near future to govern both the content and form of municipal property tax bills, with these proposed changes to take effect with the 2001 Final Tax Bills normally issued in May/June, 2001; AND WHEREAS the Provincial regulation has not been issued to date, and given the aggressive implementation target, the proposed changes will likely have a significant operational impact on municipalities, and result in further taxpayer confusion; AND WHEREAS there will be various additional costs incurred by municipalities in order to implement these changes by the proposed deadline; AND WHEREAS staff are of the opinion that the proposed changes to form and content require further consultation with the Province to arrive at a workable product; THEREFORE BE IT RESOLVED that the Minister of Finance be requested to delay implementation of these changes to coincide with the issuing of the 2002 Final Tax Bill; and further, THAT copies of this resolution be forwarded to the Premier Mike Harris, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, local members of Provincial Parliament, the Municipal Finance Officers Association and the Large Urban Mayors Caucus of Ontario (LUMCO)." Carried. Council then considered recommendations to approve a Lane Closure Application and Demolition Control Application of Manulife Financial which were dealt with at the Planning and Economic Development Committee meeting this date and referred to the special Council meeting for ratification. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Lane Closure Application LA 01/01AN/BS (Manulife Financial/MHBC Planning Ltd.) be approved in principle, and that the Legal Department and Corporate Services Department be instructed to proceed with the ordering of a reference plan, preparation of a By-law and necessary advertising in the local newspaper for the closing of the unnamed lane that runs parallel to Charles Street West between Water Street South and Francis Street South, as shown generally on the attached map. The lane closure is subject to the following conditions: 1) That a reference plan be completed and deposited prior to the passing of the lane closure By-law. 2) That the purchasers pay fair market value for the lane to be closed as determined by the City's Legal Department. 3) That any easements are retained for utility services within the lane or that the purchasers pay for the relocation of the utility services if the relocation of such services is possible. SPECIAL COUNCIL MINUTES FEBRUARY 19, 2001 - 69 - CITY OF KITCHENER 4) That the purchasers be responsible for all costs related to survey, legal, registration and advertising associated with the closure of the lane. It is the opinion of this Committee that approval of this application is proper planning for the City." - and - "That Demolition Control Application DC 01/01/JIBS (Manulife Financial), requesting approval for the demolition of one single detached dwelling located at 154 Joseph Street and one semi- detached dwelling (2 units) located at 144/146 Joseph Street, legally described as Part Lot 127 and 128, Registered Plan 375, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-law for two readings a) Being a by-law to close and sell an unnamed public lane located between Water Street South and Francis Street South running parallel with Charles Street West and Joseph Street in the City of Kitchener) - and - 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 2001-34 by the Clerk." Carried. On motion, the meeting adjourned at 4:24 p.m. MAYOR CLERK