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HomeMy WebLinkAboutCouncil - 2005-06-13 S SPECIAL COUNCIL MINUTES JUNE 13, 2005 CITY OF KITCHENER A special meeting of City Council was held at 6:06 p.m. this date, Chaired by Mayor C. Zehr and with all members present. 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 considered a recommendation deferred from the May 30, 2005 Council meeting regarding the Subdivision Agreement with Vace Investments Inc. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Block 26, R.P. 1741 be released from Condition No. 72 of the City's Residential Subdivision Agreement with Vace Investments Inc., registered as Instrument Number 1102309 (thereby allowing Blocks 25 and 26 to no longer be required to be held in the same ownership), provided that: a) the owner of Lot 15, R.P. 1741 (Dirksen) agrees to a covenant that both Lot 15 and Block 26 will be held in the same ownership and that Block 26 be used only as open space; and b) that the current owner of Blocks 25 and 26, R.P. 1741 (Becker) agrees to release the existing easement for access over Block 27, R.P. 1741 (City of Kitchener) and shall reinstate the lands to the satisfaction of the City's General Manager of Community Services." Carried. Council was in receipt of a memorandum from C. Goodeve, Committee Administrator, dated June 8, 2005, forwarding a recommendation from Heritage Kitchener regarding the disposition of the cross on the former St. Jerome's High School at 120 Duke Street West. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the cross at 120 Duke Street West (St. Jerome's High School/College) situated on the peak of the pediment on top of the central pavilion on the south (front) elevation be removed and returned to its original owner, the Fathers of Resurrection Congregation, for eventual display at the University of St. Jerome's College; and, That the owners submit measured drawings of the cross, surrounding gables and the peak to the City for its archives; and further, That the Wilfrid Laurier University be required to erect a display and narrative of the history of the school at 120 Duke Street West property, in consultation with the City's Heritage planner and a representative of the Resurrection Congregation." Carried. R. Gosse, Deputy City Clerk, advised that a request was received via e-mail from The Still Restaurant to extend their patio for the Cruise Night / Firefighters' Combat Challenge events. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the City of Kitchener has no objection to The Still Restaurant extending the patio on its premises on July 1, 2005 as part of the Cruise Night / Firefighters' Combat Challenge events." Carried. Councillor B. Vrbanovic introduced a motion for which notice was previously given arising from the Annual General Meeting of the Federation of Canadian Municipalities regarding the passage of the Federal budget. SPECIAL COUNCIL MINUTES JUNE 13, 2005 - 176 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "WHEREAS Canada's municipalities have experienced a national infrastructure deficit of over $60 billion and growing across the country; and, WHEREAS the Federal government has made commitments to Canada's municipalities concerning the implementation of a plan which would see a portion of the federal taxes for gas collected in Canada returned to Canada's municipalities; and, WHEREAS the proposed 2005 budget currently being considered by the House of Commons includes the $5 billion transfer of gas tax revenue as well as provisions for investments of up to $800 million for public transit and $1.6 billion for affordable housing; and, WHEREAS the Big City Mayor's Caucus of FCM and its entire membership have called on all political parties in Ottawa to ensure the quick passage of the budget so as to provide for the flow of these dollars to Canada's municipalities as soon as possible, especially as many have budgeted for it in their 2005 capital project plans; NOW THEREFORE BE IT RESOLVED, that the Council of the City of Kitchener requests the leadership of all four of Canada's political parties and the independent Members of Parliament to ensure the passage and Royal Assent of the budget legislation before summer recess; and further, AND BE IT FURTHER RESOLVED, that this motion be forwarded to the leaders of the parties and the Independent MPs, the four MPs for Waterloo Region, FCM and the other local and regional municipalities within Waterloo Region." Carried. Council considered a matter arising from the Finance and Corporate Services Committee meeting held earlier this date regarding a request from the Calvary United Church for an exemption to Chapter 450 (Noise) of the Municipal Code. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary United Church between the hours of 1 :00 PM and 4:00 PM on June 18, 2005 for their Annual Strawberry Social." Carried. Council considered a matter arising from the Finance and Corporate Services Committee meeting held earlier this date regarding a request to operate a sidewalk patio at 98 King Street West. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of La Shish, located at 98 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31,2005." Carried. Council considered Corporate Services Department report CRPS-05-1 06 (L. MacDonald), dated June 8, 2005, regarding a lease agreement between Torbram Electric Supply and Brampton Fastener Co. Limited. SPECIAL COUNCIL MINUTES JUNE 13, 2005 - 177 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That Council approve the Lease Agreement between Torbram Electric Supply (hereinafter Torbram) and Brampton Fastener Co. Limited (hereinafter Brafasco) or any successor of Brafasco with respect to the property described as Part 4 on Reference Plan 58R-5310, located at 1475 Strasburg Road, Kitchener." Carried. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That an in-camera meeting of City Council be held immediately following this special meeting to consider a labour relations matter, two personal matters and one matter subject to solicitor- client privilege." Carried. Mayor C. Zehr advised of a request from staff that Council consider two items not listed on the special Council agenda; the first being a labour relations matter arising from the in-camera meeting to be held later this date and the second being an item arising from the Development & Technical Services Committee meeting to be held later this date regarding repairs to the Duke and Ontario Parking Garage. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the following matters be added to the agenda of the special meeting of Council of June 13, 2005: · a labour relations matter arising from the in-camera meeting to be held later this date; · an item arising from the Development & Technical Services Committee meeting to be held later this date regarding repairs to the Duke and Ontario Parking Garage. Carried Unanimously. The meeting then recessed at 6:10p.m. and re-convened at 9:11 p.m., Chaired by Mayor C. Zehr and with all members present. Council considered a matter arising from in-camera discussion relative to a Memorandum of Settlement with IBEW Local 636. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the terms and conditions contained in a Memorandum of Settlement dated June 6, 2005, in connection with the 2005-2008 Collective Agreement with I.B.E.W. Local 636, be approved; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." Carried. Council considered a matter arising from the Development & Technical Services Committee meeting held earlier this date regarding repairs to the Duke and Ontario Parking Garage. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That staff proceed immediately to tender the 2005 repair program for the Duke and Ontario Garage; and further, SPECIAL COUNCIL MINUTES JUNE 13, 2005 - 178 - CITY OF KITCHENER That the Chief Administrative Officer be delegated the authority to approve the Duke and Ontario Garage 2005 Repair Tender." Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "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 85-1 known as the Zoning By-law - City of Kitchener - Deer Ridge Drive. (By-law No. 2005-111) (b) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (By-law No. 2005-112) (c) To confirm all actions and proceedings of the Council. (By-law No. 2005-113)" Carried. On motion, the meeting adjourned at 9:13 p.m. MAYOR CLERK