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HomeMy WebLinkAboutCouncil Minutes - 1994-02-07COUNCIL\1994-02-07 COUNCIL MINUTES FEBRUARY 7, 1994 The Council of the Corporation of the City of Kitchener met this date with all members present except Councillor G. Lorentz. On motion by Councillor J. Ziegler, the minutes of the special meeting held on January 21, 1994 and the regular meeting held on January 24, 1994, were accepted. A. Communications referred directly to file - N I L Ms. Natalie Rhodes appeared in opposition to clause #1 of the Finance and Administration Committee report of this date which recommends that no action be taken to amend the existing by-law so as to allow the keeping of Vietnamese pot-bellied pigs as pets. She noted that a small percentage of the population would be interested in keeping these animals as pets and that as a group they are well regulated and have both adoption and rescue services which eliminate the need for Humane Society involvement. Ms. Rhodes referred to Animal Regulation By-laws in neighbouring municipalities and suggested that pot- bellied pigs are not Livestock as they are not raised for food. She referred to a letter from Dr. Peter Rich, Main Street Animal Hospital, Cambridge, dated February 3, 1994 which was circulated to members of Council this date. Mr. Rich offered the opinion that the pigs are easily adapted to household environments, are generally healthy and pose very little risk to the health of humans or other domestic animals. Councillor M. Yantzi expressed concern over the problems which could be created by irresponsible pig owners and suggested that it is only a matter of time before owner neglect would lead to destruction of property. Councillor C. Zehr asked for clarification of wording in the present by-law and Ms. D. Arnold replied that the relevant by-law includes the blanket term "Livestock" which is defined to include swine. Ms. N. Rhodes noted that she was told by City staff upon enquiry that there was no by-law to prohibit pot- bellied pigs. Councillor Zehr pointed out that the prohibition is specifically stated in the existing by-law. Councillor J. Ziegler enquired whether pigs are licensed in municipalities where they are permitted and Ms. D. Arnold replied that the Municipal Act permits animal regulation and that a licensing scheme in this regard could be developed. Councillor J. Ziegler referred the delegation to a proposed three dog limit and questioned whether she would have a problem with a three animal limit to include species other than dogs and Ms. Rhodes replied that she would have no problem with the limitation. Councillor Wagner referred to the letter from Dr. Peter Rich and advised that he had spoken with several Veterinarians this date, all of whom were totally opposed to pigs being kept in residential units. Ms. N. Rhodes countered by stating that she could find at least as many Veterinarians who would speak in favour of the animals. Mayor D.V. Cardillo asked whether Ms. Rhodes would be satisfied with a by-law enforced on a complaint basis only and she replied in the negative indicating that she wished to see an amendment to the existing by-law. Councillor M. Yantzi introduced and welcomed members of the 6th Girl Guide Company and their leaders who were in attendance this date. Mr. Robert Eby appeared on behalf of the Waterloo Region Apartment Management Association and in support of clause #1 of the Finance and Administration Committee report of this date relative to the keeping of pot-bellied pigs. He pointed out that owners of single detached homes have an option as to whether or not a pig is allowed in the building, whereas landlords have no such choice and are required by the Ontario government to allow tenants to keep pets. He questioned whether pigs are appropriate pets for apartment dwellers and expressed the opinion that a landlord should have the right to either agree or disagree with the keeping of animals in apartments. In response to a question from Councillor M. Wagner, Mr. Eby suggested that it would be unfair to other tenants if pigs were allowed in an apartment building and that some people may not wish to live in a building where pigs are allowed. Mr. Ed Cerant appeared in his capacity as a pot-bellied pig owner. Due to illness a friend read on his behalf from the prepared statement circulated this date. Council was also in receipt this date of an information package from Mr. Cerant. The statement referred to his 100 lb. pet pig named "Oliver" who it was suggested is fully trained, stays on the property, is clean, has never bitten anyone and does not root up carpets or gardens. Mr. Cerant took exception to articles recently published in the K-W Record quoting statements by Ms. Tilly Prudom and Dr. Gerhard Hess which he characterized as biased and inaccurate. He suggested that keeping pigs on a controlled diet is not a form of cruelty given public concern over obesity and over-feeding. Mr. Cerant advised that in his opinion, there is no reason to ban pot-bellied pigs as they are not predatory and are totally trainable. He suggested that a suitable compromise would involve a "grandfathering" clause with conditions. COUNCIL MINUTES - 35 - FEBRUARY 7, 1994 In response to a question from Councillor Stortz, Mr. Cerant advised he did not know at the time of purchase that pot-bellied pigs were prohibited animals and acknowledged that he did not check with the City relative to existing by-laws. Ms. Nancy Wheeler appeared in her capacity as the owner of an 80 lb. male pot-bellied pig. She countered statements made in the Press concerning the requirements and habits of pigs, noting that her animal is fed two cups of food per day. She added that though pigs are capable of emitting a high pitched squeal, this is only done under extreme stress and with regard to her pet this has only occurred once. She relayed recent circumstances involving an attack on her pig by a child armed with a knife, noting that the animal did not attack the child, but instead ran for cover. Ms. Wheeler suggested that, if permitted, the animals should be licensed and the population reviewed at intervals. She asked that in the event Council upholds the existing by-law, some form of grandfather clause should be considered for present owners with a requirement to register the pigs within an established period of time. Ms. Judy Osborne, Kingston, appeared on behalf of the Canadian Pot-bellied Pig Registry and advised that Dr. Susan Burlatschenko, a Veterinarian having considerable experience with pot-bellied pigs, is expected later this evening. Ms. Osborne referred to her organization's role in dispensing information on pot-bellied pigs in order to prevent misunderstanding and subsequent litigation. She referred to recent legal action under the Charter of Rights involving the municipality of Vanier which cost taxpayers approximately $60,000 and upheld the right of an owner to keep pigs. She pointed out that pot-bellied pig owners are a limited interest group whose numbers are in fact declining. Ms. Osborne offered interpretations of other municipal by-laws, noting that the City of Kitchener makes provision for swine under the category of Livestock. She referred to five cases involving livestock by-laws and suggested that in each of these, the Judge ruled in favour of the pig owner. She stated that evidence is over-whelming that pot-bellied pigs are pets and are recognized as an evolving breed under the Animal Pedigree Act. Ms. Osborne suggested that the City look at restricting the number of animals in general as well as the number allowed in dwelling units. She recommended that no breeders be allowed in urban areas, certainly not without heavy licensed fees, and that all male pigs be neutered. She asked that pot- bellied pigs be treated on the same footing as any other pet. In response to a question from Councillor T. Galloway, Ms. Osborne advised that an animal's size and weight must be considered jointly when determined whether it poses a threat. She suggested that a 100 lb. pig in a small frame is not a large animal and could not physically roll over a child as it is too Iow to the ground. Ms. Osborne indicated that she supports regulatory by-laws and urged Council to develop one which though allowing pigs, is also suitably restrictive. Councillor J. Ziegler asked whether Ms. Osborne would support a grandfathering clause with conditions and she replied indicating that in her opinion, this is a last resort and is only a makeshift solution. Alternately, she suggested the development of stringent guidelines. Council was also in receipt this date of a written submission from Ms. Wendy Hallman, Hallman Property Management Limited dated February 7, 1994 asking that Council uphold the existing by-law and continue to prohibit the keeping of Vietnamese pot-bellied pigs within City limits in areas other than those zoned Agricultural. A brief discussion took place as to whether Council should await the arrival of Dr. Susan Burlatschenko and by general consent it was agreed to proceed in her absence. Councillor J. Ziegler suggested that the grandfathering option be pursued and that a Committee be struck if a problem develops. Councillor C. Zehr indicated his willingness to bring forward the Finance and Administration Committee recommendation. Councillor J. Ziegler also indicated his willingness to put forward a motion that any owner who presently owns a pig and who registers same with the City, be allowed to keep the animal until it either dies or is sold. Councillor Zehr rose on a Point of Order stating that Committee recommendations normally take precedence over other motions. Councillor Ziegler replied that in the event the Committee recommendation was defeated he would be willing to put forward his motion. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That clause 1 of the Finance and Administration Committee report of this date be adopted. Councillor C. Zehr indicated that though he sympathizes with current pig owners who did not know of the prohibition, he does not sympathize with those who purchased the animals knowing it was in contravention of the by-law. He noted that he has received several calls from individuals opposing any amendment to the by-law. Ms. D. Arnold clarified that the term "grandfathering" is not appropriate in this instance as prohibiting legislation is already in place and that Council would have to grant an exemption. COUNCIL MINUTES - 36 - FEBRUARY 7, 1994 She advised that if the City lays charges and exemptions have been granted, the Courts may strike down the by-law as unenforceable. She expressed confidence in the City's existing by-law noting that its intent would not likely be the focal point of analysis in Court. She added that though any number of animals, such as cattle and horses are domesticated, certain types of domesticated animals are not acceptable in dwelling units. Councillor B. Stortz suggested that allowing the keeping of pot-bellied pigs as pets would create future problems. He referred to the letter from Ms. Wendy Hallman and indicated his sympathy with apartment owners. He indicated his strong support for the existing prohibition, noting that the present by-law is enforced on a complaint basis only. Councillor M. Wagner advised that he has neither heard nor read anything which would prompt him to support a by-law amendment to allow the keeping of pot-bellied pigs, as in his opinion, such an amendment would adversely affect the rights of a vast majority of citizens. Councillor M. Yantzi questioned whether Council is taking too rigid a stance, but did acknowledge concerns over the keeping of pigs in apartment buildings. The previous motion by Councillor C. Zehr to adopt clause #1 of the Finance and Administration Committee report was voted on. A recorded vote was requested. In Favour: Councillors C. Weylie, G. Leadston, J. Smola, C. Zehr, B. Stortz and M. Wagner. Contra: Mayor D.V. Cardillo, Councillors J. Ziegler, T. Galloway and M. Yantzi. Carried. Councillor M. Wagner advised that he was uncomfortable with simply turning down the request for an amendment and suggested that further action should be taken as he was convinced most pigs owners are well intentioned. Councillor J. Ziegler acknowledged that an attempt to grant exemptions would weaken the by-law, but expressed his feeling that some level of comfort should be provided for the current owners. Councillor G. Leadston suggested that Councillor Ziegler speak with a City Solicitor and research the matter further. Both he and Councillor B. Stortz expressed their preference for a written response from the Legal Department. Moved by Councillor C. Zehr Seconded by Councillor J. Ziegler That further consideration of the keeping of Vietnamese pot-bellied pigs as pets be referred to Legal Department staff for a report to be considered at a future meeting of the Finance and Administration Committee, with said report to include information on a general animal limitation by- law. Carried. Ms. Sherral Chapman appeared concerning clause #2 of the Finance and Administration Committee report of this date relative to the imposition of a three dog limit with a grandfathering provision. She advised that she is a purebred dog owner and that limiting the number of dogs does not necessarily address problems which are created by the actions of one or two irresponsible individuals. She expressed confusion over a recent by-law amendment which granted her the right to keep ten dogs and a second amendment designed to reduce the number to three. Ms. Chapman referred to her love of dogs and the fact that she has already paid $1,000 for an unborn puppy. She suggested that Council is close to infringing on her lifestyle, an action which she and other responsible dog owners resent. Ms. Nancy Hummitzsch previously registered as a delegation but was not in attendance this date. Council was in receipt of her written submission dated February 1, 1994 requesting that she be allowed to own between three and ten dogs with an option to replace or obtain new dogs in the future. Ms. Cindy Mclnnis appeared in opposition to the proposed dog by-law amendment and expressed disbelief that this action would be taken simply to govern a few irresponsible dog owners. She pointed out that the No.1 complaint appears to involve dog noise and that the City presently has a noise by-law which in conjunction with an improved property standards by-law should be sufficient to deal with problem owners. She expressed her wish to be both a good citizen and neighbour but at the same time to continue her hobby of showing and breeding purebred dogs. She pointed out that the proposed amendments does not allow her to keep puppies or retired dogs, nor does it allow for situations where a customer returns a puppy. She indicated her willingness to work with the City to arrive at a satisfactory COUNCIL MINUTES - 37 - FEBRUARY 7, 1994 solution. Mr. David Yareny appeared in his capacity as President of a local dog breed club and asked that Council respect the recommendations of the K-W Kennel Club along with increased enforcement of existing by- laws. He offered the opinion that membership in the Kennel Club should not be a condition of owning more than three dogs and that Council should deal with irresponsible owners individually and not penalize responsible owners collectively. Councillor B. Stortz clarified that the proposal allows for membership in the Canadian Kennel Club or any other Club recognized by the Canadian Kennel Club. Mr. Frank Wright, Wellesley, appeared in opposition to the proposed amendment to the dog by-law and took exception to any condition requiring membership in a dog club. Ms. Brigita Dryngiewicz appeared as the owner of Waterloo Canine Inc. and pointed out that the Canadian Kennel Club is a regulatory association which only supports purebred dogs. She questioned what qualifications members of the K-W Kennel Club have relative to developing a Code of Conduct and asked who would be responsible for enforcing such a Code. She expressed the opinion that public education is the key to the problem and that the City should require that dogs be enrolled in a basic training course and obtain a certificate of completion. She suggested that this would be an alternative to the development of a Code of Conduct. She offered the opinion that the proposed amendment is punitive and unfair to responsible dog owners and suggested that irresponsible owners should be dealt with individually. Councillor J. Smola referred to a recent problem in his ward involving dogs and noted that between 20 and 25 property owners were affected. He stressed the need for a by-law which is fair to both property and dog owners. Mr. James Richard, James W.W. Neeb Law Office, appeared on behalf of the K-W Kennel Club. He noted that the Club is comprised of responsible breeders and participated on the City's Ad Hoc Committee. He referred to Option "C" as recommended by the Finance and Administration Committee, noting that the membership condition fails to address the owners of non-purebred dogs. He also questioned how the City proposes to deal with owners having between four and ten dogs. Mr. Richard suggested that the by-law amendment incorporate kennel sections 530.3.5 and 530.3.6 of the existing dog by-law. In addition, he suggested that anyone convicted under the City's noise by-law should lose the right to invoke the grandfather clause in the amendment. Mr. Richard also advised that kennel owners fear too stringent kennel construction requirements would create an industrial atmosphere and asked that staff re-work the requirements to address these concerns. He also supported the recommendation that the by-law should be enforced on the date it is enacted by Council. Councillor B. Stortz suggested that in addition to directing staff on the preparation of a by-law, Council could also give additional direction to expand the scope of the amendments. He suggested that between four and ten dogs be allowed provided the owner has demonstrated compliance with the kennel requirements in the existing by-law. He also proposed that the grandfathering provision apply to both locations and owners and that the grandfather privilege be revoked in the event of conviction for an infraction under the noise, property standard or lot maintenance by-laws. He also suggested that the Legal Department be given latitude to negotiate the issue of kennel construction with the owners. Mr. Richard added that in the interest of fairness the by-law should be extended without the requirement of specific club membership. With respect to the issue of the applicability of amendments to non-purebred dogs, Ms. Toni Davies, President, K-W Kennel Club, advised that Club members can own but not breed non-purebred dogs. Ms. Mary Plum appeared in her capacity as the Vice-President of the K-W Kennel Club and a hobby breeder. Ms. Plum clarified that the Canadian Kennel Club is only a registry body and acts only relative to registering and breeding and that only breeders of purebred dogs can be members. She added that the K-W Kennel Club does not expect other breeders or owners to follow their rules. Ms. Plum expressed concern over the issue of "retired dogs" where it may not be possible to put them in other homes and keeping them will increase the permitted number of dogs. Ms. Plum also expressed concern over the negative impact of restrictive regulations on dog breeding and the subsequent proliferation of "puppy mills". She added that as a result of the most recent by-law amendment enacted by Council she has spent approximately $3,000 to upgrade her facility. In closing, Ms. Plum indicated she personally does not feel that K-W Kennel Club membership should be a requirement, nor does she wish to see members applying solely to qualify themselves to keep more than three dogs. Ms. Debbie Riddell appeared in her capacity as a dog breeder and expressed concern that she may not be allowed to keep puppies prior to selling them as they would increase the number of dogs beyond the COUNCIL MINUTES - 38 - FEBRUARY 7, 1994 allowable limit. Ms. D. Arnold clarified that puppies under 13 weeks of age are not subject to either the existing or the proposed by-law. Councillor C. Zehr put forward a motion, seconded by Councillor B. Stortz, that clause #2 of the Finance and Administration Committee report of this date be adopted. Councillor J. Ziegler asked that the by-law be amended so as to extend the privilege of owning between 4 and 10 dogs to both owners and locations subject to compliance with the appropriate regulations. He also expressed his preference that an owner who presently has four dogs would not be prohibited at a future date from owning ten. Councillor Ziegler also suggested that the by-law should not be restricted to purebred dogs. Councillor B. Stortz agreed with the comment relative to the keeping of more than three dogs and suggested that Sections 530.3.5 and 530.3.6 comprising the existing kennel regulations in Chapter 530 (Dogs) of the Municipal Code form the basis of any regulations or requirements in this regard. He also suggested that the condition relative to noise by-law convictions be expanded to include property standards and lot maintenance convictions. Finally, Councillor Stortz suggested that staff work with the K-W Kennel Club to develop any other relevant construction and drainage requirements. Ms. D. Arnold asked whether it was Councillor Stortz's intention to request deletion of the condition relative to membership in the K-W Kennel Club or other club recognized by the Canadian Kennel Club and he replied in the affirmative. Councillor C. Zehr accepted the suggestions of both Councillors J. Ziegler and B. Stortz as friendly amendments. Councillor J. Smola stated that he remains opposed to any form of grandfathering provision and advised that on this basis he will vote against the recommendation. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That clause #2 of the Finance and Administration Committee report of this date be adopted. Carried, as amended. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That the report of the Planning and Economic Development Committee of Council of this date be adopted. Councillor T. Galloway referred to clause 5 relative to the report of Mr. J. Wallace dated February 2, 1994 concerning site plan approval for the Federal Women's Correctional Facility. He advised that he was recently made aware that the Ontario Municipal Board did not issue an Order along with its decision which he was told by an O.M.B. attorney is usually the practice. He suggested that Council should not proceed with the site plan approval pending receipt of the O.M.B. Order. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler That no action be taken at this time relative to site plan approval for the Women's Correctional Facility pending a report from Mr. J. Wallace outlining the status of the Ontario Municipal Board Order. Mr. J. Wallace reminded Council that in this instance the zoning situation is irregular as is the issue of an O.M.B. decision. He clarified that the O.M.B. had asked for submissions from both parties as to its jurisdiction in this area and that the O.M.B. had questioned its own authority. The Board subsequently handed down a decision declaring that they had no jurisdiction with respect to the Women's Correctional Facility and indicated that they were closing the file. Mr. Wallace offered the opinion that there is no legal impediment to the processing of site plan approval at this time. He acknowledged that he was aware of an application to reopen the matter with the O.M.B., but that this would not have an effect on their previous decision. Councillor G. Leadston advised of a conversation with Mr. Janko Peric, M.P., in which he indicated that the Federal Government had identified a possible alternate site. Mr. J. Wallace questioned whether this COUNCIL MINUTES - 39 - FEBRUARY 7, 1994 could be the case given that the Architects hired by the Federal Government are applying for site plan approval relative to the Pioneer Park location. Councillor T. Galloway pointed out that the O.M.B. hearing had dealt with the Board's jurisdiction and not the zoning of the subject lands, which is still to be addressed. He added that he was raising the issue based on the comments of the O.M.B.'s own legal counsel and suggested that since the O.M.B. has not issued an order, and knowing of an outstanding appeal on the zoning issue, the City would be unwise to proceed at this time. The motion by Councillor T. Galloway, seconded by Councillor J. Ziegler to take no action on site plan approval at this time was voted on. A recorded vote was requested. The report was then put to a vote. In Favour: Councillors T. Galloway and J. Ziegler. Contra: Mayor D.V. Cardillo, Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr and C. Weylie. MOTION LOST. Voted on clause by clause. Clause 5 - Carried. Balance of report - Carried. Moved by Councillor G. Leadston Seconded by Councillor M. Yantzi That the report of the Community Services Committee of this date be adopted. Carried. 3. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried on a recorded vote. In Favour: Councillors C. Weylie, G. Leadston, J. Smola, C. Zehr, B. Stortz and M. Wagner. Contra: Mayor D.V. Cardillo, Councillors J. Ziegler, T. Galloway and M. Yantzi. Clause 2 - Carried, as amended. Balance of report - Carried. Councillor J. Smola advised of a memorandum he had received from Mr. J. Gazzola which relates indirectly to clause 4 of the Finance and Administration Committee report of this date relative to a Social Contract dispute. By general consent, it was agreed that this item would be placed on the caucus agenda for the February 14, 1994 Finance and Administration Committee meeting. 4. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. COUNCIL MINUTES - 40 - FEBRUARY 7, 1994 Carried. Councillor T. Galloway advised that the Employment Equity Review Committee has met in regard to the concerns expressed by the Human Rights Commission relative to the City's Employment Equity Program. He advised that any proposed changes to the Program would be presented to the Finance and Administration Committee for discussion. Councillor J. Ziegler referred to a request for the naming of a park which he had recently received and it was indicated that this should be forwarded to the Community Services Committee. Councillor G. Leadston asked that Council consider use of the consent agenda format adopted by the City of Guelph. Council concurred with the suggestion of Mr. T. McKay that the matter be referred to the City Clerk for a report to the Finance and Administration Committee. NOTICE OF MOTION Councillor J. Smola gave notice that he would be introducing a Motion for Reconsideration at the February 21, 1994 Council meeting relative to the December 13, 1993 Council resolution involving the relocation of Route #8 bus service from Union Street to Hartwood Avenue. Councillor C. Zehr announced that he would not be seeking re-election for the office of Councillor - Chicopee Ward and announced his candidacy for the office of Mayor. Councillor Zehr expressed his personal thanks to Mayor D.V. Cardillo for his years of selfless service to the community. Moved by Councillor G. Leadston Seconded by Councillor M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close and sell part of a public highway known as Palmer Avenue in the City of Kitchener (b) Being a by-law to extend time for conveyance of lands pursuant to By-law 93-159 - Pinnacle Drive closed (c) Being a by-law to adopt Amendment No. 164 to the Official Plan (d) Being a by-law to amend By-law 85-1 - Mennonite Conference of Eastern Canada - King Street East- No.93/19/K/LM (e) To confirm all actions and proceedings of the Council (f) Being a by-law to amend Chapter 170 of the City of Kitchener Municipal Code with respect to Purchasing and Materials Management and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor J. Ziegler as chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. 7. Moved by Councillor M. Yantzi COUNCIL MINUTES - 41 - Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to extend time for conveyance of lands Pinnacle Drive closed pursuant (b) Being a by-law to adopt Amendment No. 164 to the Official Plan FEBRUARY 7 , 1994 to By-law 93-159 - (By-law No. 94-26) (By-law No. 94-27) (c) (d) (e) Being a by-law to amend By-law 85-1 - Mennonite Conference of Eastern Canada - King Street East- No.93/19/K/LM To confirm all actions and proceedings of the Council (By-law No. 94-28) (By-law No. 94-29 Being a by-law to amend Chapter 170 of the City of Kitchener Municipal Code with respect to Purchasing and Materials Management (By-law No. 94-30) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion the meeting adjourned. Carried. Mayor Clerk COUNCIL MINUTES - 42 - FEBRUARY 7, 1994 REPORTS ADOPTED BY COUNCIL - FEBRUARY 7, 1994 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Kitchener's City Council approve the property address change, for property assessment roll number 4-28-072-01, from 10 Balzer Road to 1295 Courtland Ave. E. to be effective March 1, 1994, in the form shown in the Proposed By-law dated January 25, 1994 attached to Staff Report PD 94/9. That Kitchener's City Council approve the property address change, for property assessment roll number 6-05-002 and 6-05-001, from 138 Bloomingdale Road to 140 Bloomingdale Road and 142 Bloomingdale Road to 144 Bloomingdale Road respectively, to be effective March 1, 1994, in the form shown in the Proposed By-law dated January 25, 1994 attached to Staff Report PD 94/8. That, Council pass a resolution, to be confirmed by by-law to approve the following process by which addressing and address changes are initiated within the City of Kitchener. That the Building Division be authorized to continue allocating addresses for plans of subdivision, reference plans, and severances. That, when a change of address is requested, and the proposed change of address does not affect any other property, that the Building Division be authorized to make the necessary change to the address and notify the corresponding agencies. That, when the proposed change of address does affect another party, a circulation letter be forwarded to those affected by the change and to the Ward Councillor. If no objections are received, then staff be directed to prepare a By-law to effect change of address, and be forwarded directly to Council for enactment. If objections are received, staff be directed to forward a report to Planning and Economic Development Committee for their consideration. That PD 5/94, Summary of Approvals granted through Delegation of Approval Authority by Council to the Commissioner of Planning and Development for Plans of Subdivision and Plans of Condominium, be received for information. That the letter dated January 24, 1994 from Kuwabara Payne McKenna Blumberg Architects respecting the Women's Correctional Facility be referred to Mr. J. Wallace, City Solicitor, for consideration and report to City Council. That the Planning and Economic Development Committee hold a special public meeting on Monday September 12, 1994 at 6:30 p.m. in the Council Chambers, as the formal public meeting required under the Planning Act, to hear representation from the public and to approve Stage 7 of the City's Comprehensive Zoning By-law. That in respect to a proposal to allow a one time exemption of the Development Charge for the first addition of up to 5,000 square feet of non-residential gross floor area on a parcel of land to an existing non-residential building, we approve option #3 as outlined in the report dated January 31, 1994 from Mr. D. Mansell that would refer the issue to the Development Charge Committee and provide an exemption on a temporary basis until a revised Development Charge By-law is adopted. PLANNING AND ECONOMIC FEBRUARY 7, 1994 COUNCIL MINUTES - 43 - FEBRUARY 7, 1994 DEVELOPMENT COMMITTEE That the Commissioner of Planning & Development be advised that the Planning and Economic Development Committee is prepared to regulate the location of Hazardous Waste Transfer Sites either by a minimum distance separation factor from residential areas or by a minimum distance separation factor from other Transfer Sites, and further, That Staff be requested to prepare appropriate regulations and relevant mapping of potential sites that conform to such regulations for consideration by the Committee. COMMUNITY SERVICES COMMITTEE Subject to an understanding that the City of Kitchener will not be responsible for any capital expenditures and/or operating costs, that a committee be established, composed of members of Council, Ms. Jane Falconer of the Visitor and Convention Bureau, Mr. Ray Alviano and a representative from the Economic Development Department to examine alternatives open to the City to pursue housing the Canadian Softball Hall of Fame. Subject to the funds being used for the Homer Watson Boulevard, Fischer-Hallman Road and Fairway Road/King Street projects, that we approve the transfer of $10,000,000.00 from the Federal/Provincial portion of the Infrastructure Work Program to the Regional Municipality of Waterloo. FINANCE AND ADMINISTRATION COMMITTEE That no action be taken on the request to amend Chapter 408 (Animals - Regulation) of the Municipal Code so as to allow the keeping of Vietnamese pot-bellied pigs as pets. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That staff be directed to amend Chapter 530 (Dogs) of the Municipal Code in accordance with Option C identified by the Ad Hoc Committee and outlined in the report of Ms. D. Arnold dated January 21, 1994, and amended by Council on February 7, 1994 as follows: (a) That the privilege of owning between 4 and 10 dogs apply to both the owner and the location subject to compliance with all relevant regulations and conditions to include, but not be limited to, the Kennel requirements set out in Sections 530.3.5 and 530.3.6 of Chapter 530 (Dogs) of the Municipal Code, and if appropriate staff work with the K-W Kennel Club to develop additional construction and drainage requirements, and; (b) That the condition relative to an owner having no convictions registered against him/her under the City's Noise By-law also include said convictions under the Lot Maintenance and Property Standards By-laws, and; (c) That the condition relative to membership in a Kennel Club be deleted, and; (d) That any limitation on the number of dogs be on the understanding that if a registered owner now has four dogs, he/she will not be limited to four dogs in future but may keep up to as many as 10 dogs provided all relevant conditions and regulations are met, and further; That the three dog limit with conditional grandfathering provision become effective on the date Council enacts the amending by-law and that the grandfathering provision apply to purebred as well as non-purebred dogs. (AS AMENDED) That the recommendations of Mr. Edmond Meyers relative to the use of the public tender system to resolve problems of major public concern as outlined in his undated submission be taken under advisement. That Council confirm the staff decision that Mr. G. O'Hagan is ineligible for a Social Contract Early Retirement Incentive payment. FINANCE AND ADMINISTRATION COMMITTEE FEBRUARY 7, 1994 5. That the Manager of Licensing be authorized to issue a Bill Distributor Licence to Ms. Deborah P. COUNCIL MINUTES - 44 - FEBRUARY 7, 1994 Vanier. That $50,000.00 of the current Energy Management budget be re-assigned to the Kitchener Public Library expansion project to increase the scope of the automated building control system and energy efficient lighting renovations. That consideration of the purchase of a voice mail system be deferred for a period not to exceed one month pending further study and receipt from staff of the information requested at the Finance and Administration Committee on January 31, 1994. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That, effective January 31, 1994, the Courtesy Warning Notice Program be discontinued, and further, That existing electronic meter mechanisms be concentrated in the core and configured to provide a ten (10) minute grace period, and further, That future purchases of electronic meter mechanisms be continued on an annual basis and located within the Downtown core to expand the areas offering a ten (10) minute grace period. That a stop control be installed at the following location: Forest Glen Court at Forest Glen Drive, and further, That the Uniform Traffic By-law be amended accordingly. That a stop control be installed at the following intersections: Ripley Crescent at Trailview Drive (south intersection) and Ripley Crescent at Trailview Drive (north intersection), and further, That the Uniform Traffic By-law be amended accordingly. 4. That Council Policy Resolution 1-620 be amended by adding the following: "In situations where the Enforcement Staff identifies property owners who routinely are not clearing their sidewalks of all snow and ice in compliance with the by-law, that the City may prosecute such chronic violators in accordance with standard City prosecution practices. Any such prosecution shall be in addition to any action to have the sidewalks cleared by the City crews and such work being billed to the property owner." COMMITTEE OF THE WHOLE MINUTES FEBRUARY 7, 1994 A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1 .Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Hebrew Day School to conduct a Monte Carlo event at Lulu's Roadhouse, Kitchener on April 8-10, 1994, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener- Waterloo Skating Club to conduct a Monte Carlo event at the Moose Lodge, 655 Wabanaki Drive, Kitchener on March 26, 1994." - and - "That Nutritional Alternatives (Non-Profit) Inc., 61 Highland Crescent, Suite 308, Kitchener, be granted permission to conduct bingos on an ongoing basis at 29 King Street East, Kitchener." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Twin City Sertoma Club, 222 Frederick Street South, Kitchener, to conduct a Monte Carlo event at Bingeman Park, 1380 Victoria Road North, Kitchener on April 5, 1994." 2. Petition for Subsidy It was resolved: "That the Mayor and Clerk be authorized to execute the annual Petition for Subsidy under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1993 totalling $6,137,404." 3.Tender T94-13 - Gate Valves It was resolved: "That tender T94-13, Gate Valves, be awarded to Westburne Supply Ontario, Kitchener at their tendered price of $53,455. plus G.S.T. and P.S.T." 4.Tender T93-84 - Transit Driver Uniforms Mr. L. Millar was in attendance to model the proposed blazer style uniform for Transit Drivers, which will replace the current tunic style in use for the last 20 years. Councillor J. Ziegler questioned why staff are recommending that the tender be awarded to Jonah Apparel at the proposal price of $72,458.25 rather than to Apollo Brand Uniforms at the price of $59,124.50. Mr. R. Freeborn replied that both the material and cut of the jacket supplied by Jonah Apparel is superior. He added that the Union Executive is in full support of the recommendation and that Union representatives were not in favour of the Apollo Brand bid, COP~ITTEE OF THE WHOLE MINUTES FEBRUARY 7, 1994 REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) notwithstanding that they would have realized an $18,000.00 4.Transit Driver Uniforms (Cont'd) Social Contract credit. Councillor Ziegler questioned why Mr. Freeborn did not arrange to display both jackets for Council in order to judge the merits of each. It was resolved: "That proposal P93-84, Transit Driver Uniforms, be awarded to Jonah Apparel Group Limited, Vancouver, B.C., at their proposed price of $72,458.25, plus G.S.T. and P.S.T."