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HomeMy WebLinkAboutCtee of the Whole - 1992-05-19COMMITTEE OF THE WHOLE MINUTES MAY 19, 1992 C.REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) CW~1992-05-19 COMMITTEE OF THE WHOLE MINUTES MAY 19, 1992 A. BY-LAW AS LISTED ON THE AGENDA - 2ND READING The Council met in Committee of the Whole with Alderman M. Wagner acting as Chairman to deal with a motion pertaining to second reading and discussion of a by-law dealing with a tax phase-in. Moved by Alderman J. Ziegler "That the by-law pursuant to Section 363 of The Municipal Act, RSO. 1990, chapter M.45, considered by this Committee be taken as read a second time and be recommended for enactment." Alderman C. Zehr stated that he was totally opposed to the by-law and that its passing would result in a fundamental error being made by City Council. He pointed out that certain members of Council were trying to correct an assessment problem by using tax revenue resources and in addition, not using collective tax resources to do it. He commented that the cost of Council's actions would be $1,100 assessable against certain targeted taxpayers over a 3 year period. Alderman Zehr objected to this process to address a problem over which the City has no control and pointed out that not everyone comprehends the effect that this action could have in the future. He also stated that members of Council had worked hard to get the City's portion of taxes down to a 2.6% increase in 1992 and that this effort was being negated. He urged Council to defeat the by-law and if so he was prepared to introduce a motion to provide for deferral of tax increases. Alderman T. Galloway advised that he was not opposed to some form of relief to certain taxpayers that were hit hard by the re-assessment. He noted that the "Assessment System" has been put on trial and that Council has ignored the interests of 2,593 taxpayers that were being penalized to support a bail-out of an organized group of vocal taxpayers. Alderman Galloway stated that he objected to City Council meddling in this matter as it relates to Regional taxes and School Board taxes, as in effect, the result will be Kitchener spending its own monies to separately fund Regional Government and the School Systems. He also expressed extreme concern over comments made by Ms. Zalagenas, that because of the decision of Kitchener to phase-in tax increases, some individuals had decided not to appeal their increased assessment. He pointed out that if an appeal had been launched and was successful, the phase-in costs that other taxpayers and the City were subsidizing would be lower and that this was a significant flaw of the phase-in program. In summary, he requested that in future, some other method of assistance be considered. Alderman J. Ziegler commented that City Council had the legislative authority to allow the phase-in, that the precedent was a good one and could not be considered as a fundamental error on the part of City Council. Alderman B. Stortz stated that it was his opinion the Market Value Assessment System was fair but that the 4 year cycle was unfair. He commented that the phase-in represented an investment in maintaining the municipal tax base. Alderman C. response to subsidization Weylie stated that when Council first acted on the phase-in proposal, it did so in a vocal minority without having adequate information. She objected to the that the phase-in would provide. Alderman G. Lorentz objected to the phase-in and its impact on many taxpayers in Forest Ward. He commented that the assessment appeal process should be followed and pointed out that no other municipality has taken or will take the action that Kitchener City Council appears ready to take. COMMITTEE OF THE WHOLE MINUTES MAY 19, 1992 C.REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the by-law pursuant to Section 363 of The Municipal Act, RSO. 1990, chapter M.45, considered by this Committee be taken as read a second time and be recommended for enactment." A recorded vote was requested. In favour: Aldermen B. Stortz, J. Smola, G. Leadston, M. Yantzi, J. Ziegler and M. Wagner. Contra: Mayor D.V. Cardillo, Aldermen G. Lorentz, C. Zehr, C. Weylie and T. Galloway. B. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING It was resolved: "That the by-laws, save and except the by-law pursuant to Section 363 of The Municipal Act, RSO. 1990, chapter M.45, considered by this Committee be taken as read a second time and be recommended for enactment." C. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Transfer - BRIDGEPORT NORTH WARD It was resolved: "That the City consent to a transfer from General Trust Corporation of Canada to Loruth Holdings for the property described as Unit 10, Waterloo North Condominium Plan 165 and municipally known as Unit 10, 100 Campbell Avenue, Kitchener." 2. Licensinq Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated May 8, 1992 to allow the Lions Club of Kitchener to use Queensmount Arena during Oktoberfest from September 25, 1992 to October 18, 1992 for rent in the sum of $7,500.00." -- and -- "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated May 8, 1992 to allow the Laurentian Pre School to use a portion of the Kitchener Lions Community Arena from May 29, 1992 to May 29, 1993 for rent in the sum of $2,000.00." 3. Land Acquisition - SOUTH WARD It was resolved: "That the City purchase one acre of land described as Part 1, Plan 58R-8106, for the value of $125,000. plus land transfer tax, for the purpose of constructing Firehall No. 6. (The purchase consideration will be in the form of work to be carried out on the adjacent Waterloo Region Roman Catholic Separate School Board site in conjunction with the construction of the Firehall)." 4. Encroachment Aqreement - ROCKWAY-ST. MARY'S WARD COMMITTEE OF THE WHOLE MINUTES MAY 19, 1992 C.REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Lot 103, Registered Plan 923, known as 150 Carwood Avenue, to legalize an existing fence and the concrete pad around the swimming pool as they encroach 1.8 feet, more or less, onto Rockway Golf Course." 5. Boat Concession Aqreement - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to sign a Licence Agreement with Terry Haggith to operate a Boat Concession out of the Boathouse in Victoria Park for the period of May 1, 1992 - October 9, 1993." 6. Execution of Enqineerinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and K.J. Behm & Associates Inc., regarding 201 Bridge Street East, Kitchener, 30T-88018." 7. License It was resolved: "That the Toronto School of Business be granted permission to operate a Refreshment Stand outside their school at 120 Ottawa Street North, Kitchener, on May 27, 1992, provided that the necessary Licence and Health and Fire approvals are obtained." 8. Easement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute a grant of easement in favour of Bell Canada over lands designated as Part of Part 6, 58R-2863." 9. Binqo Hall It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to The Community Nursing Registry of Kitchener-Waterloo, 35 Mary Street, Kitchener to conduct bingos at 329 King Street East, Kitchener, provided that Council's approval is subject to the following: 1. That the applicant limit its bingo activities to the City of Kitchener; That the applicant meet all terms and conditions of Kitchener's Consolidated Bingo Regulations as passed by City Council; 3. That the applicant meet with the Manager of Licensing to review the above regulations prior to any licence being issued; That for record purposes, copies of all bingo reports for licences be forwarded to the municipality; 5. That all Provincial Bingo Lottery requirements are met." 10. Various Tenders COMMITTEE OF THE WHOLE MINUTES MAY 19, 1992 C.REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Alderman C. Zehr referred to surplus funds that were left over after tenders have come in under budget and requested that in future where a tender came in under budget, an indication be given in the staff report of the intended disposition of surplus funds. It was resolved: "That tender T92-28, Reconstruction of Greenbrook Drive (Warren Drive to Westmount Road) and Westmount Road (Greenbrook Drive to Village Road), be awarded to E & E Seegmiller Limited, Kitchener at their tendered price of $313,694.92 (including 7% G.S.T.)." -- and -- "That tender T92-38, Supply of Hot Mix Asphalt, be awarded to Warren Bitulithic Limited, Kitchener and Kitchener Asphalt Limited, Kitchener at their tendered unit prices." -- and -- "That tender T92-41, Supply of Asphalt Emulsions, be awarded to McAsphalt Industries Limited, Scarborough at their tendered unit price of $.2086 per litre." -- and -- "That tender T92-1, Concrete Sidewalk & Curb Construction and Repairs, be awarded to G.J.R. Construction Inc., Linwood at their tendered price of $449,462.38." 11. Address Chanqes - STANLEY PARK WARD This item was dealt with under delegations. 12. Doon Pioneer Park Community Association Re Refreshment Stand Licence It was resolved: "That the Doon Pioneer Park Community Association be granted permission to operate a refreshment stand, outdoors, at the Doon Pioneer Park Community Centre, 150 Pioneer Drive, Kitchener, on Saturday, June 6, 1992, provided that the necessary Licence and Health and Fire approvals are obtained." 13. Water Billinq - Mr. B. Strickland It was noted that Mr. Brian Strickland had recently appeared before City Council concerning a water billing problem at a property he owns on Stirling Avenue. The Committee was advised that the problem has now been found but Mr. Strickland's complaint relates to the fact that no notification of extraordinary increase in water usage was given by the City. It was resolved: "That the complaint of Mr. Brian Strickland relative to water billing policy and procedure relating to his property on Stifling Avenue be referred to the Finance and Administration Committee to consider on a meeting date which Mr. Strickland is able to attend."