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HomeMy WebLinkAboutCouncil Minutes - 2002-09-23 SSPECIAL COUNCIL MINUTES SEPTEMBER 23, 2002 CITY OF KITCHENER A special meeting of City Council was held at 2:50 p.m. this date, Chaired by Mayor C. Zehr and with the following members present: Councillors 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. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following the Finance and Corporate Services Committee meeting this date to consider a personal matter, a land acquisition matter and two matters subject to solicitor-client privilege." Carried. Mayor C. Zehr informed Council that former Councillor J. Ziegler was appointed to various Boards and Committees and with his resignation, these seats are now vacant. He suggested that Mr. Ziegler's appointment to the Centre in the Square Board and as Chair of the Finance and Corporate Services Committee should be replaced as soon as possible whereas all other appointments could be dealt with through the annual committee appointments in November. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Councillor C. Weylie be appointed to the Centre in the Square Board of Directors effective immediately and ending November 30, 2003." Carried. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That Councillor B. Vrbanovic be appointed as Chair of the Finance and Corporate Services Committee effective immediately and ending November 30, 2003." Carried. Mayor C. Zehr requested Council's consideration of a draft letter to the Province's Education Equality Task Force which was circulated to members of Council. Mayor Zehr explained that the letter urges the Province to review its education funding formula to ensure it is fair and does not penalize any of the Boards of Education. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the draft letter prepared by Mayor C. Zehr to the Province's Education Equality Task Force, be submitted on behalf of Council." Carried. Mayor C. Zehr informed Council that he has received requests for the endorsements of various applications to the Canadian Radio and Telecommunications Commission (CRTC) for FM radio station licences. Mayor Zehr suggested that a letter be sent similar to that submitted to the CRTC in regard to applications made in 2001 for various television station licences. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the Mayor prepare a letter to be sent to the Canadian Radio and Telecommunications Commission regarding the various applications for FM radio station licences in the Kitchener- Waterloo area." Carried. SPECIAL COUNCIL MINUTES SEPTEMBER 23, 2002 - 386 - CITY OF KITCHENER Council considered Development & Technical Services Department report DTS-02-201 (G. Borovilos/C. Ladd), dated September 13, 2002, recommending various actions with respect to the Centre Block in the Downtown area. Councillor B. Vrbanovic in speaking to the recommendation to proceed with the demolition of the buildings at 106 and 108-112 King Street West, expressed his opinion that this will enhance the proposals for redeveloping the site. He suggested that staff inquire with the firm that was contracted for the demolition of the Lyric to ascertain if the same contract could be extended for this newly proposed demolition. Councillor Vrbanovic requested that staff report at the regular Council meeting scheduled for September 30, 2002. Councillor G. Lorentz entered the meeting at 3:05 p.m. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That 31 Young Street (Forsyth) be retained through the Expression of Interest and Request for Proposal process; and, That staff of Facilities Management be directed to immediately proceed with the demolition of the buildings municipally addressed as 106 and 108-112 King Street West; and, That the Acting City Solicitor be directed to continue discussions with the owner of Total Convenience regarding the finishing treatment of the exposed wall; and further, That a temporary parking lot and landscaped area along King Street be approved for the vacant City-owned lands on Centre Block at an upset cost of $100,000." Carried. Council was in receipt of Corporate Services Department report CRPS-02-229 (G. Sosnoski), dated September 19, 2002, recommending that Council declare the Council seat for Ward 3 (Fairview- Gateway) as vacant and requesting direction in regard to the method of filling the vacancy. Mr. G. Sosnoski provided Council with the two options in respect to filling the vacancy; either by appointment or by election. He explained that the appointment process has no timeline as defined under the Municipal Election Act whereas if a by-election is called, a by-law must be passed by Council with Nomination Day being within 30 days of the adoption of the by-law and Voting Day 31 days following Nomination Day. Mr. Sosnoski outlined the above dates under two scenarios where a by-law is enacted on September 30, 2002 and October 7, 2002. It was agreed that Council should declare the seat vacant, then deal with the issue of whether to appoint or hold a by-election. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That pursuant to Section 43 of the Municipal Act, R.S.O. 1990, as amended, the Council seat for Ward 3 (Fairview-Gateway) is hereby declared vacant." Carried. Councillor G. Lorentz suggested that a by-election should be held to ensure that the residents of Ward 3 will be represented by a democratically elected Councillor. Councillor B. Vrbanovic suggested that if a by-election is to be announced, Council should take advantage of the televised Council of September 30, 2002 in which to make the announcement. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That pursuant to Part 3 (Vacancies) of the Municipal Act, R.S.O. 1990, as amended, a by- election be held as opposed to an appointment being made, to fill the vacant Council seat for Ward 3 (Fairview-Gateway)." Carried Unanimously. SEPTEMBER 23, 2002 SPECIAL COUNCIL MINUTES - 387 - CITY OF KITCHENER Councillor G. Lorentz suggested that the by-election be held as soon as possible in order that the ward be properly represented. Councillor B. Vrbanovic concurred but noted that staff may have some issues regarding the short timeline and suggested that if this was the case, staff bring forward those issues at the September 30, 2002 Council meeting. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That a by-law to hold a by-election as authorized under Section 46 of the Municipal Act be prepared for Council's consideration on September 30, 2002." Carried Unanimously. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "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 2002-179 by the Clerk." Carried. On motion, the meeting adjourned at 3:31 p.m. MAYOR CLERK