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HomeMy WebLinkAboutCouncil - 2005-10-31 S SPECIAL COUNCIL MINUTES OCTOBER 31, 2005 CITY OF KITCHENER A special meeting of City Council was held at 5:20 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 Committee of Adjustment recommendation regarding Submission FN 2005-005 - Ontario Seed Company Limited - 77 Wellington Street South, that was previously considered at the October 3 and 24, 2005 Council meetings and deferred and referred to the meeting this date. Councillor C. Weylie advised that the area residents were in agreement with the Committee of Adjustment recommendation provided that the fence is black in colour including the posts and rails. Mr. Mike Teeter representing the Ontario Seed Company Limited advised that the company was in agreement with the conditions including the colour of the fence but had a concern regarding a landscape plan that was received from the City of Kitchener following the meeting with the area residents. He explai ned that the plan called for 175 Ii near feet of landscapi ng and the removal of approximately 4,000 sq. feet of the existing parking lot which is to be landscaped and sodded. Mr. Teeter advised that the company was not willing to accept the landscape plan as presented by the City. Councillor Weylie advised that normally the City does not provide a landscape plan and that the recommendation calls for the owner to submit a plan to the satisfaction of the City through the site plan process. Ms. Gwen Wheeler, area resident, attended requesting that Council take any necessary steps to mitigate the negative impact from the property in question on the surrounding residential area. Ms. Wheeler advised that the main issue at this point in time is landscaping and the need to ensure a landscape plan is approved which will sufficiently reduce the unsightliness of the parking area and the requested fencing around the property. Mr. Brian Donovan, area resident, attended advising that the company did propose to plant a cedar hedge along the fence but in his opinion this would be unsatisfactory as the hedging will not be attractive and would attract insects. Mr. Donovan suggested that in order to reduce the sight of the parked trucks on the property that the landscape plan include a berm surrounding the proposed parki ng lot. Councillor B. Vrbanovic asked if there had been any discussion with the company regarding a berm around the parking area. Councillor Weylie responded that no discussion had taken place with the owner or area residents regarding a possible berm but due to the area required in order to have a berm sufficient enough to hide the vehicles, this may not be an option. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the application of Ontario Seed Company Ltd. (77 Wellington Street South) requesting permission to construct a 2.1 m (6.88 ft.) high chain link fence in the front yard (Agnes Street frontage), whereas a maximum height of 0.91 m (2.98 ft.) is permitted in this location, on Part Lot 489, Plan 377 and Part Lots 8-11, Plan 324, 77 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure that the fence is located a minimum of 7.6 m (25 ft.) from Agnes Street property line, and there shall be no gate in the fence, and no vehicular access to Ag nes Street. 2. That the said fence shall be black in colour including all required posts and rails. 3. That the owner shall submit to, and receive approval from the City's Supervisor of Site Plans, of a landscape plan for the area in front of the fence, prior to installing the fence." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting this date regarding pre-budget approval for the rental of election tabulation equipment and services. SPECIAL COUNCIL MINUTES OCTOBER 31, 2005 - 313 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That pre-budget approval be given in the amount of $78,921. relative to the rental/licensing, maintenance and election night support for tabulation equipment and software for the 2006 Municipal Election, with $32,661. of this amount to be redirected from within the Election Reserve Fund and with the remaining $46,260. added as new funding." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting this date regarding use of City facilities for wireless Internet access. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the Mayor and Clerk be authorized to execute an Access License Agreement with Atria Networks Inc., satisfactory to the City Solicitor, permitting the installation and operation of certain communications equipment in buildings and on land owned by the City of Kitchener." Carried. Council considered a recommendation arising from the Community Services Committee meeting this date regarding approval of an agreement related to the Downtown Community Centre. Mayor C. Zehr reminded Council that at the Community Services Committee meeting Councillor Gazzola had suggested deferral of this matter to the November 7, 2005 Council meeting. Councillor J. Smola questioned the need to defer this matter as the agreement for the most part is the same agreement provided to Council previously with only two minor changes. A motion by Councillor J. Gazzola to defer the recommendation of the Community Services Committee regarding approval of an agreement related to the Downtown Community Centre to the November 7, 2005 Council meeting was not considered due to lack of a seconder. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute the Joint Venture/Joint Use Agreement with the Waterloo Catholic District School Board for the development of the Downtown Community Centre, 35-B Weber Street West, Kitchener, in the form approved, to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute a Sub-Lease with the Waterloo Catholic District School Board for the premises of the Downtown Community Centre for a term of 49 years at an annual rental of One ($1.00) Dollar, substantially in the form approved, to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute an Operations Agreement with the Waterloo Catholic District School Board for the operation of the common facilities and areas associated with the Downtown Community Centre in the form approved, to the satisfaction of the City Solicitor." Carried. Council considered a recommendation arising from the Community Services Committee meeting this date regarding an outstanding loan and utility billings for the KOR Gallery. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the KOR Gallery loan in the amount of $29,517. be written off as requested by the KOR Board of Directors in their letter dated October 12, 2005; and further, SPECIAL COUNCIL MINUTES OCTOBER 31, 2005 - 314 - CITY OF KITCHENER That the outstanding utility bill of $6,353.51 for the KOR Gallery, 79 Joseph Street, Kitchener is repaid by the KOR Gallery on a pro-rated basis, with the City of Kitchener acting as an unsecured creditor, as outlined in Community Services Department report CSD-05-133." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter." Carried. Moved by Councillor J. Smola 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 2005-195 by the Clerk." Carried. On motion, the meeting adjourned at 5:35 p.m. MAYOR CLERK