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HomeMy WebLinkAboutCouncil Minutes - 2002-04-15 S SPECIAL COUNCIL MINUTES APRIL 15, 2002 CITY OF KITCHENER A special meeting of City Council was held at 12:20 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. Mayor C. Zehr advised of four additional items for Council consideration which were not listed on the special Council notice. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That pursuant to Chapter 25 of the Municipal Code, the following matters be added to the agenda of the special meeting of Council, April 15, 2002: 1. Council is asked to enact the following resolution regarding 322-332 King Street East: 'WHEREAS Loc Van Nguyen and Mai Thi Tran (Hong Kong Fashion) have withdrawn their request for an inquiry respecting an application by the City for approval to expropriate their property municipally known as 322-332 King Street East in Kitchener, and have concluded an agreement of purchase and sale with the City for their property; AND WHEREAS this transaction closed on March 5, 2002; THEREFORE, BE IT RESOLVED THAT the City, as expropriating authority, discontinues the expropriation of the property municipally known as 322-332 King Street East in Kitchener and withdraws its application for approval to expropriate such land which was made to Council, as approving authority, on December 10,2001.' 2. Consideration of a Development Charge Deferral Agreement between the City of Kitchener and Old Fire Hall Lofts Inc. 3. Consideration of a recommendation arising from the Development & Technical Services Committee meeting of this date regarding the temporary use of lands at 680 Highland Road West (Development & Technical Services Department report DTS-02-083). 4. Consideration of two by-laws for three readings: (a) To approve application for approval to expropriate the lands described as part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, in the City of Kitchener - Viet-Thai Restaurant Inc. (b ) To expropriate the property described as part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, in the City of Kitchener." Carried Unanimously. Council was in receipt of Corporate Services Department report CRPS-02-078 (G. Melanson), dated April 10, 2002, recommending that the property required for the construction of the Doon Village Road Diversion be acquired through expropriation proceedings or by an Expropriation Agreement. In response to a question, Mr. G. Melanson advised that the report was circulated to Mr. James Richard on behalf of Sestan Electric Construction Limited. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the City Solicitor be instructed to initiate expropriation proceedings to acquire title to that portion of land, owned by Sestan Electric Construction Limited, being Part 4 on Reference Plan 58R-13325 in the City of Kitchener, required for the construction of a new road (Doon Village Road diversion); and, SPECIAL COUNCIL MINUTES APRIL 15, 2002 - 154 - CITY OF KITCHENER That as an alternative to expropriation and subject to Sestan Electric Construction Limited's agreement, the Mayor and Clerk be authorized to enter into an Expropriation Agreement as generally set out in CRPS Report No. 02-078 and subject to the satisfaction of the City Solicitor; and further, That the City Solicitor be instructed to obtain an independent real estate appraisal for (I) Part 4 on Reference Plan 58R-13325, (ii) Block 90 on R. P. 1495 and (iii) that portion of lands owned by Sestan Electric Construction Limited to the east of Part 4 and west of Doon Village Road, Part 1 on Reference Plan 58R-10869 and Part 1 on Reference Plan 58R-3293." Carried. Council was in receipt of Development & Technical Services Department report DTS-02-077-ES (D. Mansell), dated April 10, 2002, recommending that the City enter into an agreement with the Canadian Pacific Railway Company regarding the road crossing at Wabanaki Drive. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to sign an agreement with Canadian Pacific Railway Company, which covers the construction and maintenance of the road crossing to be installed at the Wabanaki Drive grade crossing at Mileage 9.55, Waterloo Subdivision; and further, That the Mayor and Clerk be authorized to sign an agreement with Canadian Pacific Railway Company, which covers the construction and maintenance of the crossing warning signal system. " Carried. Council was in receipt of Development & Technical Services Department reports DTS-02-079 and DTS-02-080 (G. Borovilos), dated April 10, 2002. Report DTS-02-079 recommended that the resolution to accept the Offer to Purchase Site 146 in the Huron Business Park adopted by Council on April 8, 2002, be rescinded due to the fact that Chapter 177 (Sale of Real Property) of the Municipal Code requires that notice of the proposed sale of industrial land be given to the public by including the sale on the agenda of the Development & Technical Services Committee or Council. In response to a question, Mr. G. Borovilos advised that the intended use of the property was for administrative offices and limited warehousing. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the resolution adopted by City Council at its meeting of April 8, 2002, accepting an Offer to Purchase from Eastforest Homes Ltd. for Parts 14 and 13 on Reference Plan 58R-7426 and agreeing to take back a first mortgage be rescinded." Carried. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the City accept the conditional Offer to Purchase from Eastforest Homes Ltd., for Parts 14 and 30 on Reference Plan 58R-7426. The site has an approximate area of 2.07 acres (.838 hectares) and the offering price is $80,000. per acre for a total purchase price of $165,600.; and, That the City agrees to take back a first mortgage for the amount of $149,040. (total purchase price $165,600. Minus deposit $16,560.) for a term of one year; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor." Carried. SPECIAL COUNCIL MINUTES APRIL 15, 2002 - 155 - CITY OF KITCHENER Council considered a request from staff to enact a resolution which formalizes the discontinued expropriation of the property municipally known as 322-332 King Street East. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "WHEREAS Loc Van Nguyen and Mai Thi Tran (Hong Kong Fashion) have withdrawn their request for an inquiry respecting an application by the City for approval to expropriate their property municipally known as 322-332 King Street East in Kitchener, and have concluded an agreement of purchase and sale with the City for their property; AND WHEREAS this transaction closed on March 5, 2002; THEREFORE, BE IT RESOLVED THAT the City, as expropriating authority, discontinues the expropriation of the property municipally known as 322-332 King Street East in Kitchener and withdraws its application for approval to expropriate such land which was made to Council, as approving authority, on December 10, 2001." Carried. Council considered two by-laws to commence expropriation proceedings on Part of Lot 18, Registered Plan 364 and known as the Viet-Thai Restaurant property. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "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) To approve application for approval to expropriate the lands described as part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, in the City of Kitchener - Viet-Thai Restaurant Inc. (By-law No. 2002-72) (b ) To expropriate the property described as part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, in the City of Kitchener. (By-law No. 2002-73)." Carried. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter, a security of property matter and two matters subject to solicitor-client privilege." Carried. On motion the meeting recessed at 12:27 p.m. and re-convened at 4:00 p.m. in the Caucus Room, Chaired by Mayor C. Zehr and with all members present. Mayor C. Zehr advised of two additional items for discussion in-camera this date. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That Council consider two additional In-camera items, a labour relations matter and a matter subject to solicitor-client privilege." Carried. SPECIAL COUNCIL MINUTES APRIL 15, 2002 - 156 - CITY OF KITCHENER On motion the meeting recessed at 4:01 p.m. and re-convened at 9:21 p.m., Chaired by Mayor C. Zehr and with all members present. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding a liquor licence application for 21 Weber Street West. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That no action be taken to oppose the application for a liquor licence by Energy Cafe (owner, Predrag Durdevic) (the 'applicant') at 21 Weber Street West, Kitchener, based on the applicant agreeing to the following: To voluntarily request the following conditions be added to the liquor licence, and in the event the Alcohol and Gaming Commission, at its discretion, does not add these conditions to the licence, to have these conditions added to and form part of the 'private agreement conditions'. The applicant understands the City's non-objection to the issuance of their liquor licence is based on the 'private agreement' and continued compliance. Conditions The owner agrees: (a) to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; (b) to become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; (c) to set a 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in their application (alcohol sales will be limited to 40% of gross refreshment sales); (d) to serve all alcoholic beverages on the outdoor patio in plastic cups and to prohibit any alcoholic glass containers on the outdoor patio; (e) to ensure that there is no music (live or pre-recorded) and no amplifiers on the patio all year round, no live music indoors in the summer months (May - August inclusive), no electric amplification when live music is played indoors; (f) to close the outdoor patio by 1 :00 a.m. every day; (g) to install new windows by the end of June 2002 to minimize noise from the premise; (h) to clean the parking lot of surrounding properties including 11 Weber Street West, 17 Weber Street West and 151 Ontario Street North, every Sunday afternoon; (i) to regularly patrol the parking lots of the subject premises, 11 Weber Street West, 17 Weber Street West, and 151 Ontario Street North every night when the subject bar is open; (j) to notify the Clerk of the City of Kitchener, in writing, of any applications to change the licence, at the time the application for the change is made to the Alcohol & Gaming Commission, and not to expand the licensed establishment without the consent of the City's Council; and, (k) these conditions shall bind all successors, assigns, and subsequent licence holders (if any)." Carried. SPECIAL COUNCIL MINUTES APRIL 15, 2002 - 157 - CITY OF KITCHENER Council considered a recommendation arising from the Development & Technical Services Committee meeting of this date regarding the Terms of Reference for the Heritage Impact Assessment for the proposed apartment building at 530-540 Queen Street South. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Terms of Reference for the Heritage Impact Assessment for the proposed apartment building to be partially located on the property municipally known as 530-540 Queen Street South be expanded beyond Section 2.2 (new building) of the Victoria Park Area Heritage Conservation District Plan, to include all areas of possible heritage impact including the full Heritage Conservation District Plan; and, That the final Terms of Reference for this Heritage Impact Assessment be approved by the Manager of Development and Design; and, That the sub-committee to develop the Terms of Reference consist of all members of Heritage Kitchener and up to two representatives of the residents living in the Victoria Park Heritage Conservation District; and further, That the Heritage Impact Assessment study include at least one public consultation session to be held prior to the completion of the study." Carried. Council was in receipt this date of Financial Services Department report FIN-02-018 (P. Houston), dated April 12, 2002, recommending a Development Charge Deferral Agreement between the City and Old Firehall Lofts Inc. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the Mayor and Clerk be authorized to execute a Development Charge Deferral Agreement with Old Firehall Lofts Inc. for development of 150 Highland Road West, with the following terms: Amount to be deferred: $46,550.04 Interest Rate Applicable: Prime plus 1 % Principal and Interest due and payable at the earlier of June 28, 3003 or date of occupancy." Carried. Council considered a recommendation arising from the Development & Technical Services Committee meeting of this date regarding the temporary use of lands at 680 Highland Road West. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the City obtain temporary use of the lands owned by 781169 Ontario Inc. at 680 Highland Road West as a staging area for Ralgreen restoration in accordance with the terms and conditions of a letter dated March 27,2002 from James A. Witmer to Paul Grespan." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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 2002-74 by the Clerk." Carried. APRIL 15, 2002 SPECIAL COUNCIL MINUTES - 158 - CITY OF KITCHENER On motion, the meeting adjourned at 9:23 p.m. MAYOR CLERK