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HomeMy WebLinkAboutCouncil Minutes - 1998-02-23 SCOUNCIL\1998-02-23-SPE FEBRUARY 23, 1998 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of City Council was held at 11:55 a.m. this date and Chaired by Acting Mayor J. Ziegler with all members present, except Mayor C. Zehr. Notice of this special meeting had previously been given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi "That an in-camera meeting of City Council be held immediately following recess of this special Council meeting to consider a matter subject to solicitor-client privilege." Carried. The special Council meeting then recessed to allow for in-camera discussion and re-convened at 12:45 p.m. upon conclusion of the Finance and Administration Committee meeting with all members present except Mayor C. Zehr. Councillor G. Lorentz put forward a motion, seconded by Councillor B. Vrbanovic, to adopt the recommendation in the joint report of P. Houston and O. den Ouden dated February 12, 1998 with respect to commencing tax sale proceedings for a number of properties in the municipality which are in arrears in an amount totalling $419,854.23. Councillor Jake Smola referred to discussion which took place at the Finance and Administration Committee meeting earlier this date in regard to one of the properties affected by the tax sale. He indicated that he has been unsuccessful in convincing staff that a tax sale is inappropriate at this time. It was also noted that the owner of the subject property was present this date. Ms. Houston replied that in regard to repayment schedules, it is staff's normal procedure to structure these so as to clear taxes and arrears within two years; however, in regard to the subject property, repayment would take approximately four years. On motion by Councillor Jake Smola, seconded by Councillor B. Vrbanovic, the main motion of Councillor G. Lorentz regarding the commencing of tax sale proceedings was amended so as to delete Roll No. 060- 001-265-02-0000 and direct staff to enter into a specified repayment agreement with provision to commence tax sale proceedings in the event the owner defaults on arrears payments. The main motion was then voted on, as amended. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the Legal Department commence tax sale proceedings as defined by the Tax Sale Act, 1984, against the lands identified by the following roll numbers: 010-002-156-00-0000 030-001-027-00-0000 030-006-138-00-0000 030-014-325-00-0000 040-015-094-00-0000 040-019-167-00-0000 040-023-141-00-0000 040-044-026-00-0000 040-044-400-56-0000 040-044-400-57-0000 040-044-400-58-0000 040-046-137-00-0000 040-046-422-00-0000 050-008-042-00-0000 050-009-185-00-0000 050-012-164-10-0000 060-002-215-00-0000 060-011-146-50-0000; and, That in regard to the property corresponding to roll number 060-001-265-02-0000, staff be directed to enter into an agreement with the owner whereby $1,000 is to be paid immediately, followed by a $1,000 per month payment for every month thereafter until the arrears are paid, and with provision for lump sum payments at any time, as well as the ongoing payment of current taxes; and further, That if at any time the owner is in default of the monthly payments for two consecutive months, tax sale proceedings are to be initiated by staff automatically with no requirement for further Council approval." Carried. SPECIAL COUNCIL MINUTES FEBRUARY 23, 1998 - 139 - CITY OF KITCHENER Council then considered the recommendation of the Public Works and Transportation Committee (February 16, 1998) concerning the 1998 Regional Roads Capital Program which was referred by Council to the meeting this date. Councillor J. Ziegler disclosed a pecuniary interest and abstained from all voting and discussion regarding the King Street East project, between Fairway Road and River Road, as he owns property within this area. Councillor B. Vrbanovic suggested that staff should enquire into the feasibility of moving the King Street East project (Fairway Road to River Road) up to 1999 in the forecast provided there is no adverse impact on other projects, as the current situation is unsafe. It was agreed to amend the recommendation to include the request of Councillor B. Vrbanovic to move the King Street East project forward in the Capital Forecast. The amended motion was then voted on. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener endorse the Regional Municipality of Waterloo's 1998 Roads Capital Program with the following adjustment: 'The reconstruction of Regional Road 65 - Cedar Street, King Street to Weber Street, will have to be delayed for one year (to 1999) to coincide with the City portion of the project, which has been rescheduled as a result of budget constraints.'; and, That the City of Kitchener endorse the programs identified in the Region's 10 Year Capital Forecast; and, That, with respect to the timing of the projects identified in the 10 Year Capital Forecast, their program be adjusted to align with the affected schedules and budgeting of City projects and the co-ordination of impacts on City services, as per Item #4 contained in the report as presented to the Public Works and Transportation Committee on February 9, 1998; and further, That a Regional and City staff committee be struck to investigate the feasibility of moving the King Street East project (Fairway Road to River Road) up in the Capital Forecast to the year 1999, provided this can be done with no negative impact on other road widening or extension projects." Carried. Councillor J. Ziegler previously disclosed a pecuniary interest and abstained from all voting and discussion regarding the King Street East project, between Fairway Road and River Road, as he owns property within this area. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter, a land acquisition matter, one labour relations matter, and three matters subject to solicitor-client privilege." Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "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 98-23 by the Clerk." Carried. SPECIAL COUNCIL MINUTES FEBRUARY 23, 1998 - 140 - CITY OF KITCHENER On motion the meeting adjourned at 1:00 p.m. MAYOR CLERK