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HomeMy WebLinkAboutCouncil - 2009-06-22 SSPECIAL COUNCIL MINUTES JUNE 22, 2009 CITY OF KITCHENER A special meeting of City Council was held at 12:51 p. m. this date, chaired by Mayor C. Zehr with all members present. Notice of this 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 considered the recommendation that was deferred from the meeting held May 19, 2009, regarding identification of 393-411 Queen Street South (Barra Castle) as a property of high cultural heritage value or interest under The Ontario Heritage Act. Mr. L. Bensason, Interim Manager of Long Range & Policy Planning, provided background information with respect to the Barra Castle advising that on May 19, 2009 staff brought forward a report recommending that the subject property be identified as a property of high cultural heritage value or interest in accordance with The Ontario Heritage Act. At that meeting, Mr. Stephen Kay, Kay Professional Corporation, as the Estate Trustee for the Mortgager, requested deferral of the designation as there was a potential purchaser for the property and issues regarding the designation and other property standards matters would need to include the purchaser should the property be sold. Mr. Bensason referred to the letter dated June 17, 2009 from Mr. Kay that was circulated with the special Council agenda advising that Mr. Kay is requesting a further deferral to August 24, 2009 due to a conditional offer for the property being accepted. Mr. Bensason added that staff has met with Mr. Kay and the prospective purchaser and would support the deferral on the condition that the property be maintained and monitored to ensure it is secure, that the front section of the building be made secure from additional rain damage and, that the property assessment study currently being undertaken by the purchaser be shared with the City once it is complete. Councillor J. Gazzola inquired what would happen if the other parties do not agree to the three conditions or abide by them between now and the requested deferral date of August 24th. Council was advised that the City's by-laws such as Property Standards will still exist and can be enforced, as well Security staff will continue periodic monitoring of the property. Mr. P. Puopolo attended advising he is the prospective purchaser with respect to the Barra Castle and that a conditional offer has been accepted. He explained he is undertaking requirements to meet due diligence which include a structural engineering report that will provide an assessment of the property. Mr. Puopolo pointed out that Mr. Kay in his letter has agreed to maintain the property ensuring it is secure and to secure the front section from additional rain damage. With respect to the third condition requested by staff regarding the assessment report, he advised that he would do so. Mr. Puopolo added, to that end he would provide this in writing to the City. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the following recommendation be further deferred to the August 24, 2009 Council meeting subject to staff receiving written confirmation from Mr. Paul Puopolo that he will provide the assessment report of the building located at 393-411 Queen Street South once it is completed: 'That the property municipally addressed as 393-411 Queen Street South (commonly known as the Barra Castle) and located within the Victoria Park Heritage Conservation District, be identified as a property of very high cultural heritage value or interest, for the purpose of enforcement under the Property Standards for Maintenance and Occupancy by-law, as outlined in Development & Technical Services Department report DTS-09- 073. "' Carried. Council considered Corporate Services Department report CPRS-09-093 dated June 17, 2009 regarding release of a potential encroachment at 93/95 King Street West. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway SPECIAL COUNCIL MINUTES JUNE 22, 2009 - 180 - CITY OF KITCHENER "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the owner of 93/95 King Street West to release a potential encroachment onto King Street." Carried. Council considered Corporate Services Department report CRPS-09-095 dated June 18, 2009 regarding authorization to execute an agreement with the Province regarding the Civic Square Parking Structure. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to execute an agreement with the Ontario Realty Corporation acting as agent on behalf of Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure, regarding the Civic District Parking Structure Initiative; said agreement to be satisfactory to the City Solicitor." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That an in-camera meeting of City Council be held this date to consider a personal matter and a matter subject to solicitor-client privilege." Carried. The meeting then recessed at 1:07 p.m. and re-convened at 10:10 p. m., chaired by Mayor C. Zehr with all members present. Council considered the recommendation arising from the Finance and Corporate Services Committee meeting this date respecting a Development Charges By-law. A recorded vote was requested and Councillor J. Gazzola requested that paragraphs 4, 5 and 6 be voted on separately. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the increase in the need for services attributable to anticipated development in the City of Kitchener be met, subject to sufficient development charge revenues being generated and other City affordability criteria being met; and, That the Development Charge Background Study dated June 1, 2009 and the capital forecasts prepared in conjunction with the Study in accordance with Section 10 of the Development Charges Act, 1997, be adopted; and, That future excess capacity identified in the Development Charge Background Study, dated June 1, 2009, be paid for by development charges or other similar charges; and, That the non-residential development charges rates calculated as at January 1, 2009 be maintained until December 31, 2009 and the new non-residential development charge rates calculated in the Development Charge Background Study, dated June 1, 2009 be deferred until January 1, 2010, in accordance with non-residential rate phase-in Option #3 as set out in report FIN-09-078; and, That the proposed Development Charge By-law in the form attached to report FIN-09-078, subject to Schedule B to the by-law being in accordance with non-residential rate phase-in Option #3 as set out in report FIN-09-078, be approved; and, SPECIAL COUNCIL MINUTES JUNE 22, 2009 - 181 - CITY OF KITCHENER That the costs over the term of the new Development Charge By-law associated with the maintenance of the Downtown Core Area exemption ($2,734,883. -Table 2) and the phase-in of the non-residential rate increase ($981,310. -Table 3) be funded from the Economic Development Investment Fund; and, That staff be directed to report back in advance of the 2010 capital budget process with policies for Council's consideration related to the issues outlined in the Development Charges Policy and Practices Whitepaper; and further, That staff be directed to engage stakeholders in a review of the draft policies prior to bringing them forward for Council's consideration." Paragraphs 1, 2, 3, 7 and 8 -Carried Unanimously. Paragraphs 4, 5 and 6 In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, C. Weylie, K. Galloway and B. Vrbanovic. Contra: Councillor J. Gazzola Motion Carried. Mayor C. Zehr advised there was an additional by-law for three readings this date being a Development Charges By-law. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "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 confirm all actions and proceedings of the Council. (By-law No. 2009-090) (b) Being a by-law to establish development charges for the City of Kitchener and to repeal Development Charge By-law No. 2004-156 as amended by By-law No. 2006-243. (By-law No. 2009-091)." Carried. On motion the meeting adjourned at 10:15 p. m. MAYOR CLERK