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HomeMy WebLinkAboutCouncil Minutes - 2002-08-12 SSPECIAL COUNCIL MINUTES AUGUST 12, 2002 CITY OF KITCHENER A special meeting of City Council was held at 4:25 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 was in receipt of Corporate Services Department report CRPS-02-177 (J. Koppeser), dated July 17, 2002, recommending that the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Waterloo-Wellington-Dufferin Branch of the Victorian Order of Nurses to hold a social gaming event on August 23, 2002. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Waterloo-Wellington-Dufferin Branch of the Victorian Order of Nurses to hold a Social Gaming Event on August 23, 2002 at the Knights of Columbus Hall, 110 Manitou Drive, Kitchener." Carried. Council was in receipt of Corporate Services Department report CRPS-02-179 (J. Koppeser), dated July 19, 2002, recommending that the Our Lady of Fatima Festival to be held August 31 and September 1, 2002, be declared a Community Festival for the purposes of applying for a liquor licence. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held August 31 and September 1, 2002, at 1548 Fischer-Hallman Road, Kitchener, provided a building permit is obtained for the erection of the tents; and further, That the event be declared a 'Community Festival' for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community." Carried. Council was in receipt of Corporate Services Department report CRPS-02-197 (J. Koppeser), dated August 9, 2002, recommending approval of a request to operate an outdoor barbecue on August 18, 2002. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the K-W Latin Canadian Community be approved to operate an outdoor barbecue at the Bridgeport Sportsfield on August 18th, 2002 from 10:00 a.m. to 6:00 p.m., provided the necessary licence, including Health and Fire approval, is obtained; and further, That the Special Event fee of $27.00 be applicable." Carried. Council was in receipt of Corporate Services Department report CRPS-02-178 (J. Shivas), dated July 19, 2002, recommending that with respect to the land exchange agreement between the City and Hallman Brierdale Limited; the 60-day condition to complete a reference plan and to determine market value by appraisal be extended a further 30 days. SPECIAL COUNCIL MINUTES AUGUST 12, 2002 - 316 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That with respect to the land exchange agreement between the City and Hallman Brierdale Limited, dated May 2 and July 2, 2002, the 60 day conditions to complete a reference plan and to determine market value by appraisal, be extended a further 30 days." Carried. Council was in receipt of Corporate Services Department report CRPS-02-181 (J. Shivas), dated July 24, 2002, recommending that Council ratify the permission granted to the registered owners of 311 Victoria Street North to access the Hermie Place road allowance on July 23, 2002 for the purpose of drilling two bore holes and extracting samples for analysis. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "That Council ratify the permission granted to the registered owners of 311 Victoria Street North, Kitchener and their authorized representatives to access the Hermie Place road allowance on July 23, 2002 for the purpose of drilling two bore holes and extracting samples for analysis." Carried. Council was in receipt of Corporate Services Department report CRPS-02-182 (J. Shivas), dated July 24, 2002, recommending that the City consent to a mortgage from 1021294 Ontario Limited, in Trust, to Lutheran Life Insurance Society of Canada and an existing lease between 1021294 Ontario Limited, in Trust, and Corporate Benefit Analysts Insurance Agency Inc. for the property municipally known as 640 Riverbend Drive, Kitchener. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "That, on August 12, 2002, the property described as Parts 1, 2 and 3 on Reference Plan 58R-10893 and municipally known as 640 Riverbend Drive, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 1351759; and further, That the City consents to a mortgage from 1021294 Ontario Limited, In Trust to Lutheran Life Insurance Society of Canada and an existing lease between 1021294 Ontario Limited, In Trust and Corporate Benefit Analysts Insurance Agency (1986) Inc. for the property described as Parts 1, 2 and 3 on Reference Plan 58R-10893 and municipally known as 640 Riverbend Drive, Kitchener." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding a request to sell food and alcohol on September 8, 2002 at Kitchener City Hall as part of the 'Taste and Sound of Waterloo County 2002' event. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the Kitchener-Waterloo Symphony Volunteer Committee be granted permission to sell food and alcohol during their 'Taste of Waterloo County 2002' event on September 8, 2002, at Kitchener City Hall, including a Pig Roast in Civic Square, provided the necessary licence including Fire and Health approvals, is obtained; and further, That the City of Kitchener has no objection to the Kitchener-Waterloo Symphony Volunteer Committee obtaining a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario for the 'Taste of Waterloo County 2002' event." Carried. SPECIAL COUNCIL MINUTES AUGUST 12, 2002 - 317 - CITY OF KITCHENER Mayor C. Zehr advised of an additional item arising from the Community Services Committee (J. Zunic), dated August 12, 2002, meeting held earlier this date which was not listed on the special Council agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That pursuant to Chapter 25 of the Municipal Code (Council Procedure), the following matter be added to the agenda of the special meeting of Council on August 12, 2002: consideration of a recommendation arising from the Community Services Committee meeting of this date regarding an exemption to Council Policy 1-495 which prohibits skateboarding at City Hall." Carried Unanimously. Council then considered a recommendation arising from the Community Services Committee meeting held this date with respect to Community Services Department report CSD-02-175 regarding an exemption to Council Policy 1-495. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That notwithstanding Schedule 'A' of Council Policy 1-495 in which skateboarding at City Hall is prohibited, Council approve an exemption to Council Policy 1-495 and authorize Mountain Dew AIIstar Skateboard Tour to perform their skateboard show on Civic Square at City Hall, 200 King Street West, Kitchener, on August 25, 2002/' Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Council meet in-camera this date to consider three labour relations matters, two land acquisition matters, two personal matters, a matter involving the security of City property and five matters subject to solicitor-client privilege." Carried. The special Council meeting then recessed at 4:32 p.m. and re-convened at 7:10 p.m., Chaired by Mayor C. Zehr and with all members present. Council was in receipt of correspondence from L. Gordon dated August 8, 2002 recommending the awarding of the tender for food service equipment at the Auditorium. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Tender T02-058, Food Service Equipment - Kitchener Memorial Auditorium, be awarded to STOP Restaurant Supply, Kitchener, Ontario, at their corrected tender price of $497,869.75, plus applicable G.S.T. and P.S.T." Carried. Council considered a matter arising from the in-camera meeting of Council held this date regarding the Lodging House Licence issued for 78 Waterloo Street. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That a tribunal be struck under the authority of the Municipal Act, to conduct a hearing to determine whether to suspend, revoke or impose conditions with respect to Lodging House Licence No. M221572 for 78 Waterloo Street, Kitchener, issued to Yiannkis, Marios and Christalla Odysseos; and, AUGUST 12, 2002 SPECIAL COUNCIL MINUTES - 318 - CITY OF KITCHENER That Councillors J. Smola, C. Weylie and G. Lorentz be appointed as members of the tribunal; and further, That the hearing be scheduled, and notice given, for Wednesday, September 4, 2002 at 2:00 p.m. at Kitchener City Hall, following which a report will be submitted to Council for its consideration." Carried. Council considered a matter arising from the in-camera meeting of Council held this date regarding two Adult Entertainment Parlour Licences. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That a hearing be held under the authority of the Municipal Act, to determine whether to suspend, revoke or impose conditions with respect to business licences No. M222009 issued to Mr. Randy Zivkovic, operating as Taj Mahal, 4-808 Courtland Avenue East, and No. M222008 issued to Mr. Brad Baumbach, operating as Phoenix, 2271 Kingsway Drive; and further, That the hearing at Kitchener City Hall be scheduled, and notice given for a date and time to be determined following which a report will be submitted to Council for its consideration." Carried. Moved by Councillor B. Vrbanovic 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 2002-142 by the Clerk." Carried. On motion, the meeting adjourned at 7:12 p.m. MAYOR CLERK