HomeMy WebLinkAboutCouncil Minutes - 2002-04-24 S
SPECIAL COUNCIL MINUTES
APRIL 24, 2002
CITY OF KITCHENER
A special meeting of City Council was held at 3:08 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 two additional in-camera items dealing with a matter subject to solicitor-client
privilege.
Moved by Councillor M. Galloway
Seconded by Councillor J. Smola
"That an in-camera meeting of City Council be held this date to consider a land acquisition matter
and a matter subject to solicitor-client privilege."
Carried.
The special Council meeting then recessed at 3:10 p.m. and re-convened at 3:38 p.m.
Mayor C. Zehr advised of an additional item to be considered by Council arising from the in-camera
meeting this date.
Moved by Councillor C. Weylie
Seconded by Councillor M. Galloway
"That pursuant to Section 25.4.4 of Chapter 25 (Council Procedure) of the Municipal Code, the
following matters be added to the agenda of the special meeting of Council, April 24, 2002:
. Consideration of Development & Technical Services Department report DTS-02-085-ES (G.
Stewart/D. Mansell), dated April 24, 2002; and,
. Tender T02-021 dated April 24, 2002 - Shirley Avenue Construction."
Carried Unanimously.
Council was in receipt this date of Community Services Department report CSD-02-088 (F. Pizzuto),
dated April 23, 2002, recommending approval of the outstanding agreements between the City and
Barrel Works Kitchener Ltd. for the construction of the New Kitchener Market.
Mr. F. Pizzuto advised that the report represents the final stage in the pre-construction phase of the
project and if the recommendation is adopted, construction will commence next week. He advised that
all necessary documentation and agreements have been received by the City, reviewed by staff and the
City's Solicitors and it is being recommended that Council authorize execution of the agreements.
Moved by Councillor J. Ziegler
Seconded by Councillor J. Smola
"That the City of Kitchener ratify extension agreements with Barrel Works, dated March 20,
2002, to extend the fulfillment or reviewing of conditions from March 20, 2002 to April 1 0, 2002;
and dated April 1 0, 2002 to extend the fulfillment of conditions from April 10, 2002 to April 24,
2002; and dated April 24, 2002 to extend the fulfillment of conditions from April 24, 2002 to
May 1 , 2002; and
That the City approve insurance and indemnification provisions in the Development Agreement
and the Construction Contract with Barrel Works Kitchener Ltd.; and
That the City authorize the Mayor and Clerk to execute the following agreements with Barrel
Works Kitchener Ltd. in respect to the New Kitchener Market Project, subject to the waiving of
future conditions and agreement finalizations as outlined in report CSD-02-088.
1 . Acknowledgment of Assignment of Architectural Contract and Assignment of Plans
2. Assignment of Material Agreements
SPECIAL COUNCIL MINUTES
APRIL 24, 2002
- 187 -
CITY OF KITCHENER
3. General Assignment of Leases and Rentals; and further,
That the City authorize City Administration and WeirFoulds Ltd. to make non-material
amendments to contracts and agreements as required."
Carried Unanimously.
Council was in receipt this date of Development & Technical Services Department report DTS-02-085-
ES (G. Stewart/D. Mansell), dated April 24, 2002, and Tender T02-021, dated April 24, 2002, both
dealing with the Shirley Avenue / Lackner Boulevard Road Extension project. Report DTS-02-085-ES
provides information regarding the financial implications of the project indicating a shortfall and
recommends that the shortfall be financed by debenturing. Tender T02-021 is for the construction of the
Shirley Avenue / Lackner Boulevard road extension and it is recommended that the tender be awarded
to E & E Seegmiller Limited, Kitchener.
Moved by Councillor J. Smola
Seconded by Councillor B. Vrbanovic
"That Council finance the Development Charge shortfall for City of Kitchener contract T02-021 for
the Shirley Avenue / Lackner Boulevard Road Extension project by debenture."
Carried.
Moved by Councillor J. Smola
Seconded by Councillor B. Vrbanovic
"That Tender T02-021, Shirley Avenue Construction, be awarded to E & E Seegmiller Limited,
Kitchener, at their tendered price of $5,839,392.51, including provisional items of $152,165.60
and G.ST"
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor G. Lorentz
"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, as amended, known as the Zoning By-law for the
City of Kitchener - Vahe Bederian - King Street East.
(By-law No. 2002-84)
b) To confirm all actions and proceedings of the Council.
(By-law No. 2002-85)."
Carried.
On motion, the meeting adjourned at 3:43 p.m.
MAYOR CLERK