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HomeMy WebLinkAboutCouncil Minutes - 2002-09-09 SSPECIAL COUNCIL MINUTES SEPTEMBER 9, 2002 CITY OF KITCHENER A special meeting of City Council was held at 1:05 p.m. this date, with the following members present: Councillors C. Weylie, J. Ziegler, M. Galloway, J. Smola and B. Vrbanovic. Councillor G. Lorentz was in attendance for part of the meeting. 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 advised of an additional item for in-camera discussion this date involving a personal matter. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Council meet in-camera this date to consider a matter relating to the security of City property, a land acquisition matter, three personal matters, two labour relations matters and six matters subject to solicitor-client privilege." Carried. The meeting then recessed at 1:07 p.m. and reconvened at 1:30 p.m., Chaired by Mayor C. Zehr and with all members present except Councillor G. Lorentz. Council was in receipt of Development & Technical Services Department report DTS-02-189 (J. McBride), dated August 29, 2002, recommending ratification of an exemption from the provisions of Chapter 450 (Noise) of the Municipal Code provided to Sierra Construction and its Contractor(s) for road reconstruction at the railway crossing on Louisa Street. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That Sierra Construction and its Contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the road reconstruction - railway crossing work on Louisa Street from Weber St to Margaret Avenue; and further, That the exemption request is for the hours between 7:00 p.m. to 7:00 a.m. for the period from Friday September 6, 2002 to Sunday September 8, 2002." Carried. Council was in receipt of Corporate Services Department report CRPS-02-206 (J. Koppeser), dated August 28, 2002, recommending that permission be granted to operate a Place of Refreshment at the Bridgeport Park Sportfields from September to November, 2002. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the Twin Cities Tackle Football League be granted permission to operate a place of refreshment at the Bridgeport Park Sportsfields from September to November 2002 during their football games only, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the nominal fee of $10.00 be applicable." Carried. The special Council meeting then recessed at 1:34 p.m. and reconvened at 6:58 p.m., Chaired by Mayor C. Zehr and with all members present. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor B. Vrbanovic disclosed a pecuniary interest at the in-camera meeting of City Council held this date, in respect to a matter involving labour relations. SPECIAL COUNCIL MINUTES SEPTEMBER 9, 2002 - 360 - CITY OF KITCHENER Council considered a matter arising from the in-camera meeting of Council held this date regarding the agreement approvals between the City and Barrel Works Inc. for the construction of the New Kitchener Market. Council was also in receipt of Community Services Department report CSD-02- 181 (F. Pizzuto), dated September 6, 2002, recommending the ratification of various agreements between the City and Barrel Works Inc. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the City of Kitchener ratify extension agreements nine and ten to extend the fulfillment or reviewing of conditions from June 14, 2002 to August 14, 2002 and August 15, 2002 to August 30, 2002 respectively; and, That the City of Kitchener ratify the attached Eleventh MOU Amending Agreement, which has the effect of (i) extending certain conditions in the MOU; (ii) waiving certain conditions of the MOU and (iii) releasing from escrow certain agreements which City Council directed to be held in escrow at its meeting held on March 18, 2002; and, That the City approve (i) the Pledge and Assignment of Cash Deposit Agreement dated July 25, 2002; (ii) the Advisory Letter dated April 30, 2002 between The Toronto-Dominion Bank and Barrel Works Kitchener Ltd. (for a company to be incorporated) and (iii) the Amendment to the Advisory Letter dated August 30, 2002, between Barrel Works Market Residences Inc. and Barrel Works Market Shops Inc., as Borrowers, and The Toronto-Dominion Bank, as Lender; and, That the City authorize the Mayor and Clerk to execute the following agreements: the Multi-Party Agreement among Barrel Works Kitchener Ltd., Barrel Works Market Residences Inc. and Barrel Works Market Shops Inc., The Toronto-Dominion Bank and the City; the Condominium Parking Agreement and the Retail Parking Agreement between Barrel Works and the City; and, That Council instruct the solicitors for the City of Kitchener, WeirFoulds LLP, to come out of escrow imposed by Council at its meeting on March 18, 2002, subject to the execution of the Eleventh MOU Amending Agreement by Barrel Works and the City; and further, That Council authorize City of Kitchener Administration and WeirFoulds LLP to make non- material amendments to contracts and agreements as required." Carried. Mayor C. Zehr advised of an additional item arising from the in-camera meeting held this date regarding a labour relations matter which was not listed on the special Council agenda. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting with respect to the salary and fringe benefit adjustment for non-union positions as his wife is employed by the City of Kitchener and is affected by the adjustments. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the following matter be added to the agenda of the special meeting of Council on September 9, 2002: consideration of Strategic Services Department report SSD-02-020 (D. Paterson), dated September 9, 2002, recommending a salary and fringe benefit adjustment for non-union positions, Grade 1-20." Carried Unanimously. Council then considered Strategic Services Department report SSD-02-020 regarding non-union Grade 1-20 employee salaries. SPECIAL COUNCIL MINUTES SEPTEMBER 9, 2002 - 361 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Non-Union positions, Grade 1-20, receive the same salary and fringe benefit adjustment for the period 2002-2005 as that provided to CUPE 791 ." Carried. Mayor C. Zehr advised of a request from staff that Council consider Corporate Services Department CRPS-02-015 (L. MacDonald), dated September 9, 2002, which was not listed on the special Council agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the following matter be added to the agenda of the special meeting of Council on September 9, 2002: · consideration of Corporate Services Department report CRPS-02-015 recommending that the City enter into an encroachment agreement with the Regional Municipality of Waterloo." Carried Unanimously. Council was in receipt of Corporate Services Department report CRPS-02-105 (L. MacDonald), dated September 9, 2002, recommending that the City enter into an Encroachment Agreement and a Limiting Distance Separation Agreement with the Regional Municipality of Waterloo for the property known municipally as 464-465 Queen Street South. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That subject to the structure meeting Building Code requirements, the Mayor and Clerk be authorized to execute an Encroachment Agreement with The Regional Municipality of Waterloo to permit the construction of a wooden frame structure that will encroach 6.5 feet, more or less, onto adjacent City property known as the Schneider Greenway and to legalize an existing timber foot bridge located on the greenway; and further, That the Mayor and Clerk be authorized to execute a Limiting Distance Separation Agreement pursuant to the Building Code, if necessary." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the following by-laws, listed on the agenda, which previously received first and second time, now be read a third time, finally passed and numbered serially by the Clerk: (a) Being a by-law to close and sell part of the public highway known as Old Mill Road in the City of Kitchener. (By-law No. 2002-165) (b) Being a by-law to close and sell part of the public highway known as Oregon Drive in the City of Kitchener. (By-law No. 2002-166)." Carried. SEPTEMBER 9, 2002 SPECIAL COUNCIL MINUTES - 362 - CITY OF KITCHENER 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 2002-167 by the Clerk." Carried. On motion, the meeting adjourned at 7:01 p.m. MAYOR CLERK