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HomeMy WebLinkAboutCouncil Minutes - 1997-02-03COUNCIL\1997-02-03 FEBRUARY 3, 1997 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "O Canada" by the Trillium Public School Grade 4-6 Choir, under the direction of Elizabeth Grant. Councillor T. Galloway thanked the Choir and their leader for their rendition of the National Anthem. Mayor R. Christy welcomed students of the Recreation and Leisure Program of Conestoga College who were in attendance this date to observe the meeting. Mayor R. Christy requested that the minutes of the January 27, 1997 meeting of City Council in-camera reflect that both he and Councillor T. Galloway were in attendance for part of the meeting. On motion by Councillor Jake Smola, the minutes of the regular meeting held January 20, 1997, and the special meeting held January 27, 1997, as mailed to the members and amended this date, were accepted. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That tender T96-120, Natural Gas Plastic Pipe, be awarded to Sandale Utility Products Inc., Brantford, at their tendered price of $55,365., plus P.S.T. and G.S.T." - and - "That tender T96-121, Domestic Gas Meters, be awarded to Canadian Meter Company Inc., Milton, Ontario at their tendered price for rebuilt gas meters of $136,980., plus P.S.T. and G.S.T." - and - "That proposal P96-88, Transit Driver Uniforms, be awarded as follows: Operator Trousers to Brownie's Uniform Company Inc. of Buffalo, New York at their proposed price of $44,887.50 plus G.S.T. and P.S.T. Operator Shirts to Anna's Career Apparel Inc. of Mississauga, Ontario at their proposed price of $23,400.00 plus G.S.T. and P.S.T." Carried. Mr. David Durnford appeared, as the owner of an American Staffordshire Terrier, to express concern over the proposed Pit Bull By-law. He suggested that the deeds of individual dogs should be punished rather than the entire breed, and that more emphasis should be placed on controlling irresponsible owners. He characterized the By-law as unfair, since all Pit Bulls are not vicious. Mr. Durnford indicated his opposition to the muzzling of one type of dog, and expressed concern over the plight of a muzzled dog if attacked by another, unmuzzled dog. He advised that he agrees with the microchip implantation requirement and registration with the Humane Society, but took exception to the requirement that dogs be kept in a fenced yard, noting that many owners of Pit Bulls live in rental properties and cannot readily make the required changes. Ms. Kristine Little appeared in opposition to the proposed Pit Bull By-law and referred to a letter from the Canadian Kennel Club, which was copied to Mr. Jake Smola, indicating that the Club does not support breed specific by-laws. Ms. Little suggested that members of Council read this letter and cautioned that the outcome of the proposed by-law will be to force the breed underground. She suggested that Ontario already has legislation to protect citizens in the form of the Dog Owners Liability Act. Ms. Little agreed with the muzzling provision, but suggested that it be extended to include all dogs, as there were 500 recorded bites in the Region last year. FEBRUARY 3, 1997 COUNCIL MINUTES CITY OF KITCI:IENER Ms. Little questioned the time frame for reporting whelping and disposing of the puppies. She also questioned the "dog" definition in Chapter 530 (Dogs) of the Municipal Code. Ms. Little advised that she is a Kitchener homeowner and has a fully fenced yard with a lock on the gate, and objected to the fact that the proposed By-law would no longer allow her to play with her dog in her own back yard. She characterized some parts of the By-law as cruel and inhumane, and others as outrageous. She encouraged Council to defeat the motion to adopt the By-law restricting and probibiting Pit Bull dogs in Kitchener. Ms. Laura Blackborne appeared in opposition to the proposed Pit Bull By-law on the basis that it infringes on residents' rights to own any dog they wish and to express themselves in any way they please. She indicated that she resents the provisions in the By-law which would allow Police or the Humane Society to stop any individual walking a Pit Bull to check that they are more than 18 years of age and that the lead is no longer than 6 feet. She stated that if a violent crime is committed by a small number of individuals from a minority group, society does not condemn the entire race for the crimes of a few, which she suggested is the case in the current Pit Bull debate. Councillor M. Yantzi suggested that Council is obliged to weigh the rights of a few individuals against the potential harm which could be caused to citizens at large if a dog is dangerous or improperly handled. Ms. Blackborne suggested that all dogs should be muzzled, and referred to numerous instances on her own property when she has been intimidated by a large dog who lives in the neighbourhood. Ms. Nancy Hummitzsch appeared on behalf of the K-W Kennel Club, and in support of the proposed Pit Bull By-law. Ms. Hummitzsch advised that she has worked with the City in developing the By-law, which is designed to protect the interest of the majority of Kitchener residents. She suggested that responsible breeders usually belong to breed clubs and screen potential owners, as well as follow up on dog placements, which does not appear to be the case with some Pit Bull breeders based on the number of unclaimed dogs at the Humane Society. She advised that the Club supports the new by-law and encourages responsible ownership and the breeding of purebred dogs. Councillor J. Ziegler moved, and Councillor M. Wagner seconded the adoption of Clause #1 of the Finance and Administration Committee report of this date, which recommends enactment of the proposed by-law restricting and prohibiting Pit Bull dogs. In response to a question from Councillor Jake Smola, Mr. Wilf Bonnell of the K-W Humane Society reported that, to date, there have been 104 1997 license applications for Pit Bull dogs, and only 4 of the animals have had to be put down. He added that 57 new dogs have been purchased in the last little while and there have been 47 license renewals. Councillor Jake Smola referred to his correspondence of January 31, 1997 which was circulated to all members of Council and referred to several amendments to the draft By-law, including an extension of the date on which the By-law will come into force from February 3 to February 10. He suggested that this will give the current owners of Pit Bull dogs a further week to obtain their 1997 dog license, and therefore be grandfathered under the By-law. Councillor J. Ziegler, and Councillor M. Wagner, accepted, as friendly amendments, the administrative changes, as well as amendments to the deadline dates in February and April, as outlined by Councillor Jake Smola. Councillor G. Lorentz inquired as to the similarity of Kitchener's By-law to that of Waterloo, and Ms. Pasternak replied that all but one of the proposed amendments have been forwarded to Waterloo, and that she will speak with Waterloo tommorrow concerning the change to Clause #26 respecting the deadline for acquiring a first restricted dog license. She advised that there are a number of other housekeeping amendments which they can deal with should they wish. Councillor Jake Smola reviewed the By-law development process to date and thanked those citizens who provided input at the various public meetings. He also thanked Mr. Gary Leadston, M.P.P., for sponsoring the private legislation which gives Kitchener the authority to enact breed specific legislation, Ms. Hummitzsch and Ms. Tony Davies of the K-W Kennel Club, representatives of the Waterloo Region Veterinarian's Association, Dr. G. Hess and Mr. Wilf Bonnell of the Humane Society, Superintendent Cunningham, Constable Randy Peacock, and Constable Michael Moody, all of the Waterloo Regional Police Services, the City of Waterloo, and Kitchener's Legal Department, in particular, Ms. Lisa Pasternak. Councillor G. Lorentz suggested that the proposed By-law will go a long way to solving a serious problem in the community and extended his thanks to Councillor's Jake Smola and Berry Vrbanovic for leading in the development of the legislation. FEBRUARY 3, 1997 COUNCIL MINUTES CITY OF KITCI:IENER Council then voted on the adoption of Clause #1 of the Finance and Administration Committee report of this date, as amended. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the proposed by-law, attached to the report from Ms. L. Pasternak dated January 23, 1997, amending Chapter 530 (Dogs) of the Municipal Code be approved, subject to the following amendments: Add to clause 6 the sentence "the owner applicant shall attend with the restricted dog and the leash and the muzzle required in Section 530.5.13(c) and (d),"; Add to clause 10 after "valid dog licence" the words: "including a City of Waterloo valid restricted dog licence"; Add to clause 26 after "1997," the words "or within seven (7) working days following the final disposition of an appeal of the designation of a restricted dog,"; Add to clauses 24, 25 & 26 after "in length" the words "to be approved by the Poundkeeper"; Change the wording of clause 26 to read "to permit a veterinarian to insert a microchip implantation ..."; Revise each of clauses 24, 25 & 26 to read "...to purchase and display, at the entrance to the owner's dwelling which a person would normally approach, a warning sign..."; Amend clause 5 to reflect that the deadline for issuing of all dog licences to pit bull dogs is February 10, 1997; Amend clause 26 to indicate that the acquisition deadline for a first restricted dog licence is April 10, 1997." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor K. Redman asked that Clause #3 be dealt with separately, and Councillor T. Galloway suggested that Clause #3 should be amended to include provision for a design incorporating a time piece. Councillor G. Lorentz accepted the comments of Councillor T. Galloway as a friendly amendment. Councillor J. Ziegler inquired whether Mr. T. Clancy was satisfied with the wording of Clause #2 of the Community Services Committee report of this date. Mr. Clancy replied that it will require the Parks and Recreation Department to add an additional amount to its budget to pay for the transit passes referred to, as the Transit Division had only agreed to fund 150 of the free promotional tickets. Mr. Clancy characterized the use of the program as exceptional, and suggested that it be extended for another year and evaluated at the end of 1997. The report of the Community Services Committee was then voted on clause by clause. A recorded vote was requested for Clause #3. Clause #3 - Carried, As Amended, on a recorded vote. In Favour: Mayor R. Christy, Councillors M. Wagner, M. Yantzi, Jake Smola, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Councillors K. Redman and John Smola. COUNCIL MINUTES FEBRUARY 3, 1997 CITY OF KITCI:IENER Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the Finance and Administration Committee report of this date be adopted." Councillor Ziegler requested a minor change to Clause #11 to indicate that unique, optional or variable clauses would be highlighted separately. It was also requested that Clause #10, dealing with cellular phones for City Council, be dealt with separately. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That no action be taken on the issue of providing cellular phones for use by Councillors; and further, That any Councillor using a cellular phone may access the Government cellular rate through the City and utilize the City's billing system, provided all costs are assumed by the individual." Councillor M. Wagner spoke in opposition to the motion, noting that two individuals in his Ward who are associated with private corporations felt that members of Council should have access to all necessary tools which would allow them to be as efficient and effective as possible. He urged Council to defeat the Committee recommendation of no action, noting that all members of Council should have the use of a cellular phone at the City's expense. Councillor C. Weylie advised that she would be voting against the motion of no action, as based on her recent experience she has found the phone to be extremely useful. Councillor T. Galloway indicated his support for the motion and his belief that Councillors should be as effective and efficient as possible, but not at the expense of the City. Councillor Galloway pointed out that a percentage of Council member honorariums are tax free, and in his view, the purpose of this advantage is to allow for such expenditures as cellular phones. Councillor K. Redman advised that she would support the motion as it represents a sound, middle ground. Councillor Jake Smola advised that he would not support the motion, but would support an alternate motion that the City pay for the initial hook- up and the monthly charge, with individuals paying for the actual air time used. He also suggested that cellular phones should be reflected as an expense on the annual financial statements made available to the public under the Municipal Act. Councillor Jake Smola also advised that he would not personally be using a cellular phone. Council then voted on Clause #10 of the Finance and Administration Committee report and the motion was Lost. Moved by Councillor M. Wagner Seconded by Councillor C. Weylie "That upon request, cellular phones be purchased for individual members of Council, excluding the Mayor, with the City paying the cost of the initial hook-up and the monthly fee and the individual Council member paying the cost of all air time, irrespective of whether the call is of a personal or a business nature." Councillor K. Redman inquired as to the parameters on staff use of cellular phones and Mr. J. Gazzola reported that staff are currently reviewing the entire cellular phone issue, but that new requests are only approved if it is shown that the acquisition will result in savings to the municipality, as has been the case with the Building Inspectors. Councillor Redman advised that she is supportive of the staff using cellular phones where appropriate and inquired as to the financial arrangements. Mr. T. McCabe replied that, at present, staff in his area pay the Finance Department for all personal calls, and Mr. Gazzola added that a detailed listing of all calls is reviewed monthly. Mayor R. Christy inquired whether the mover would amend the motion to refer the issue to staff so as to ensure a correlation between the cellular phone policies for both staff and Council, and Councillor M. Wagner replied that he did not see the need for such action. Councillor Jake Smola suggested that the motion be amended so that cellular phone expenses are reported annually as part of the individual Council members remuneration package. Councillor M. Wagner responded that he would not accept the suggestion as a friendly amendment, and clarified that his motion is not intended to cover the Mayor, who FEBRUARY 3, 1997 COUNCIL MINUTES - RS- CITY OF KITCI:IENER already has the use of a cellular phone. The previous motion by Councillor M. Wagner, seconded by Councillor C. Weylie, to approve the acquisition of cellular phones for members of Council, excluding the Mayor, was voted on and Carried. The balance of the Finance and Administration Committee report was then voted on clause by clause. Clause#1- dealt with under delegations and Carried, As Amended. Clause #10 - Motion Lost. Clause #11 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway "That the report of the Local Architectural Conservation Advisory Committee of this date be adopted." Councillor M. Wagner explained Clause #1 which proposes a restriction on the demolition of designated properties, both singly and in Conservation Districts, without a clear indication of the intended use and time frame for re-development of the property following demolition. He pointed out that 13 other municipalities have already enacted similar legislation, and that Mr. Wayne Wettlaufer, M.P.P., is eager to proceed on the City's behalf with regard to the required private legislation. Councillor C. Weylie and Councillor M. Yantzi questioned whether they had a conflict of interest, as the former lives in a designated property and the latter within a designated conservation district. Councillor Wagner also pointed out that Clause #4 proposes changing the name of Kitchener's Local Architectural Conservation Advisory Committee to "Heritage Kitchener", while retaining its status as a local advisory committee. The motion by Councillor M. Wagner, seconded by Councillor T. Galloway, to adopt the Local Architectural Conservation Advisory Committee report of this date, was voted on and Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor John Smola acknowledged receipt of the Transit Fiscal Control Plan timetable submitted by Mr. E. Kovacs in accordance with Clause #1 of the report. It was also requested that Clauses #1 and #4 be dealt with separately. Councillor K. Redman asked, in conjunction with Clause #4, what would happen if the City did not match the rate increases awarded by the Energy Board which will be implemented by Union Gas. Mr. E. Kovacs replied that other municipalities which have not raised rates in accordance with Energy Board rulings have found that they lost the ability to self-fund the utility infrastructure. He pointed out that in approving any increases, the Energy Board takes this into consideration when setting the rate. Councillor J. Ziegler pointed out that the gas utility is not used by every citizen of Kitchener; however, its profits are used for the benefit of all Kitchener citizens, unlike the situation involving hydro electricity. He suggested that if rates were kept lower than those for Union Gas, the City would be favouring the few at the expense of all citizens. Councillor G. Lorentz responded that he has been questioned as to why individual users would, in effect, subsidize projects and other benefits accruing to all the citizens of Kitchener, some of whom do not purchase gas through Kitchener Utilities. He questioned whether Council has ever discussed taking less of a profit or not implementing all cost increases. Mr. E. Kovacs reminded Council that during times when gas prices were volatile, contributions were made from the utility to a reserve fund set up to soften the fluxuation in rates. Councillor Lorentz inquired as to the benefits of direct purchase, as opposed to purchasing gas through Kitchener Utilities. Mr. Kovacs replied that savings on an annual basis are estimated at about 5%, but added that the prices through direct purchase are a little more risky as the supply is short term and relates to Western gas reserves which have only been accessible since de- FEBRUARY 3, 1997 COUNCIL MINUTES - ~9- CITY OF KITCI:IENER regulation. He offered the opinion that larger purchasers can manage this risk; however, smaller purchasers may have more difficulty. Councillor Lorentz inquired as to the reason for the fixed charge which appears on all gas bills, and Mr. Kovacs replied that this is an element of the rate hearing process and reflects costs to maintain infrastructure, irrespective of whether or not gas is purchased. He suggested that this is sound rate-making policy and pointed out that the cost to the City to eliminate the fixed charge would be approximately $3,000,000.00. Councillor J. Ziegler suggested that citizens are getting the best rate and the City as a whole is benefitting from ownership of the gas utility. He stressed that the municipality is not over-charging, but only matching other commercial rates and added that profits from the utility have allowed the municipality to build such facilities as community centres. Councillor T. Galloway also pointed out that Kitchener also passes along rate decreases as directed by the Energy Board, and must run the utility as a business since all ratepayers are shareholders who reap the benefits in terms of improved community facilities. He also pointed out that, at present, approximately 20% of the City is still serviced by Union Gas. Mr. Kovacs further noted that the proposed increase does not accrue to the municipality as profit, but as a cost being passed along in the form of increased gas purchase costs. Mr. Kovacs pointed out that in regard to Clause #1, the Fiscal Control Plan should be construed only as an overview plan, highlighting areas which need to be addressed. Councillor G. Lorentz inquired as to how many unionized employees would be involved in the initiative, and Mr. Kovacs replied that it is his intention to get as much involvement by all parties as possible. He stated that he is planning an independently facilitated brainstorming session, and every functional staff area will be represented, including Fleet. Ideas arising from this initiative would then be assessed through a steering committee. He stated that the intent is to address immediate 1997 financial concerns first, and some of the revenue and other initiatives will extend into 1998. Councillor Jake Smola inquired whether all of the review would be done in-house, and Mr. Kovacs replied that this was the initial intent; however, there is the possibility that divisive issues will arise during the process for which outside help may be required at a later date. Councillor Jake Smola pointed out that the previous Fleet consultant study yielded $400,000.00 in savings, and suggested that the City should consider bringing in an external consultant to review the Division as it may not be appropriate to have staff and Council sit on a review committee. Mr. Kovacs acknowledged that Councillor Smola's comments are fair; however, he stated that he would like to try the in-house approach first. He also added that if Council decides to go to an outside consultant, the entire study should be done by this firm. Councillor M. Wagner suggested that the City may require external consultants for other City departments as well. He suggested that the Chief Administrative Officer look at all City departments and indicate where consultants could speed up the review process. Councillor K. Redman indicated that she supports the direction recommended by staff as no one knows the system better than those who work in it. The Public Works and Transportation Committee report was then voted on clause by clause. Clause #1 - Carried, As Amended. Balance of Report - Carried. Councillor G. Lorentz pointed out that snow ploughing is being obstructed by cars left on the street, and resulting in complaints from ratepayers that the City is not ploughing roadways. He inquired as to the most appropriate way to get this message out, since it is not fair that the level of service is reduced on a particular street because a few cars are left parked in the roadway. Mayor R. Christy asked that Councillor Lorentz identify such streets for staff. Mr. Kovacs added that staff have tried a host of other initiatives, and stressed that the support of the media is required to highlight the problem. He added that overnight parking is as large a problem in this regard as daytime parking. Mr. Kovacs suggested that, to date, staff have avoided having vehicles towed, as this seems to be too aggressive. Mayor R. Christy reported on his participation in the recent Team Canada Trade Mission to Southeast Asia. He thanked Council for the opportunity to represent Kitchener on Team Canada and reported that initially, 30 signing events were anticipated; however, 70 such events took place before the end of the Mission. Mayor Christy noted that the presence of municipal leaders paved the way for future contracts, and that the Mayors of municipalities are seen as having very important status in Asia on the basis of the perception that the head of a municipality legitimizes business interests. He referred to the major concerns and problems of Asian cities with regard to infrastructure, and the request from the Mayors of Manila for assistance from Canadian municipalities in dealing with infrastructure problems. Mayor R. Christy advised that on January 16th he visited the City of Cebu, Philippines, which is a possible economic twin for the City of Kitchener. He reminded Council that it had previously agreed to FEBRUARY 3, 1997 COUNCIL MINUTES CITY OF KITCI:IENER participate in an economic partnership, sponsored by the Federation of Canadian Municipalities, similar to that recently completed with the City of Windhoek, Namibia. Mayor Christy advised that he would bring forward a video and information on the City of Cebu, and would like to see a delegation visit that municipality. In closing, Mayor R. Christy stated that, in his opinion, it was worthwhile being a part of the Team Canada Trade Mission; however, the real challenge is to establish priorities for initiatives and opportunities, such as a partnership with Cebu, in working with other public sector organizations. Councillor C. Weylie asked that the issue of a partnership with the City of Cebu be brought before a committee or Council for discussion in the near future. Councillor K. Redman advised that the public meeting to obtain input on the proposed skateboard park would be held on Wednesday, February 5, 1997 at 7:00 p.m. at the Victoria School Community Centre. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Lots 9 to 14 inclusive and Lots 18 to 20 inclusive, Registered Plan 1819 - Killarney Crescent and Erinbrook Drive (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (d) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (e) Being a by-law to extend the time for conveyance of lands pursuant to By-law 96-108, to close and sell part of an unnamed public lane running westerly from Moore Avenue between Louisa and Wellington Streets in the City of Kitchener (f) Being a by-law for regulating hedges and other objects which are traffic hazards (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointments - Staff (h) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (i) To confirm all actions and proceedings of the Council 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 R. Christy appointed Councillor Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor Jake Smola 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. FEBRUARY 3, 1997 COUNCIL MINUTES CITY OF KITCI:IENER Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Lots 9 to 14 inclusive and Lots 18 to 20 inclusive, Registered Plan 1819 - Killarney Crescent and Erinbrook Drive (By-law No. 97-18) (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 97-19) (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 97-20) (d) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 97-21) (e) Being a by-law to extend the time for conveyance of lands pursuant to By-law 96-108, to close and sell part of an unnamed public lane running westerly from Moore Avenue between Louisa and Wellington Streets in the City of Kitchener (By-law No. 97-22) (f) Being a by-law for regulating hedges and other objects which are traffic hazards (By-law No. 97-23) (g) (h) (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointments - Staff (By-law No. 97-24) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 97-25) To confirm all actions and proceedings of the Council (By-law No. 97-26) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. FEBRUARY 3, 1997 COUNCIL MINUTES CITY OF KITCI:IENER MAYOR CLERK COMMUNITY SERVICES COMMITTEE - That a purchase/commission be made from Carol Bradley, the 1996 Artist in Residence, for installation on the 2nd floor of City Hall, on the wall between the coat check rooms by the Council Chamber entrances, with the funds for the commission to be provided from the Public Art Trust Fund. That the existing co-promotion between Kitchener Transit and the Kitchener Farmers' Market, which provides free transit service to promotional ticket holders on market days, be extended through 1997, and further, That Kitchener Transit provide 150 free tickets each week in support of the program, and further, That the Kitchener Farmers' Market receive approval for a budget adjustment of $31,000 from Market expenditures to gross up Transit revenue in payment of the tickets used over and above the allotted 150 free promotional tickets, with the cost of the program having no net effect on the overall City budget. That the Parks and Recreation Department be authorized to build a new entrance sign at the Doon Valley Golf Course in 1997, at a total cost of up to $55,000; and, That the design for the sign be in accordance with the drawing prepared by Creative Design, dated 1-21-97, file # KITCH401A; save and except the exclamation mark which is to be eliminated; and further, That a design option be developed incorporating a time piece and related costing. (Carried, as amended, on a recorded vote) That we approve the request of the K-W Home Builders' Association for an in-kind grant in the amount of $470.58 to cover the municipal property taxes for 47 Eby Street South from September 27, 1996 to December 31, 1996. That we extend the $25,000 interest free loan to the Kiwanis Club of Twin Cities for 1 year, and further, That Council discuss, at budget, the possibilities of absorbing the $16,500 costs incurred by the Parks and Recreation Department for maintenance of Kiwanis Park in 1996, and further, That Parks and Recreation staff prepare a report for budget on the total cost of staff involvement in Kiwanis Park in 1996. That the Guidelines for Public Skating in Municipal Arenas, as considered by the Community Services Committee on January 27, 1997, be approved in principle, pending further solicited feedback from members of staff, the public and community agencies, and further, That the final draft of the guidelines be presented for consideration at the February 10, 1997 meeting of the Community Services Committee. FINANCE AND ADMINISTRATION COMMITTEE - That the proposed by-law, attached to the report from Ms. L. Pasternak dated January 23, 1997, amending Chapter 530 (Dogs) of the Municipal Code be approved, subject to the following amendments: Add to clause 6 the sentence "the owner applicant shall attend with the restricted dog and the leash and the muzzle required in Section 530.5.13(c) and (d),"; Add to clause 10 after "valid dog licence" the words: "including a City of Waterloo valid restricted dog licence"; FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 1. (Cont'd) Add to clause 26 after "1997," the words "or within seven (7) working days following the final disposition of an appeal of the designation of a restricted dog,"; COUNCIL MINUTES FEBRUARY 3, 1997 - 34 - CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 3, 1997 - 34 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Add to clauses 24, 25 & 26 after "in length" the words "to be approved by the Poundkeeper"; Change the wording of clause 26 to read "to permit a veterinarian to insert a microchip implantation ..."; Revise each of clauses 24, 25 & 26 to read "...to purchase and display, at the entrance to the owner's dwelling which a person would normally approach, a warning sign..."; Amend clause 5 to reflect that the deadline for issuing of all dog licences to pit bull dogs is February 10, 1997; Amend clause 26 to indicate that the acquisition deadline for a first restricted dog licence is April 10, 1997. (Dealt with under Delegations and Carried, as amended) That Council approve the use of prequalification to select general contractors and that the Purchasing Division be authorized to proceed with this process for the following projects: 1) Country Hills Community Centre on Rittenhouse Drive 2) New Fire Station, Fairway Road and King Street East 3) Forest Heights Community Centre and Fire Hall, Queen's Boulevard. That Council grant the request of Doon Heritage Crossroads to waive the required Licence fee for a Show referred to as "Seedy Saturday" to be held on Saturday, February 22, 1997. That the City of Kitchener Policy Manual, Policy Number 1-578, Lottery-Bingo Hall Hours, be amended by deleting Section 2, which reads, 'That the extension of bingo operating hours be reviewed one year after implementation'. That the City of Kitchener Policy Manual, Policy Number 1-580, Section l(a) of the City of Kitchener Additional Terms and Conditions for Bingo Lotteries, be amended to delete "for a trial period of 1 year, effective January 1, 1996" from the section. 6. That a Vehicle Accident Demerit System be approved for use with all City Departments. That a By-law regulating hedges and other objects which are traffic hazards be adopted, subject to revision of clause l(d) to more accurately address physical objects, and, That Schedule "B" of Chapter 101 (Appointment - Staff, Provincial Offenses Act) of The City of Kitchener Municipal Code be amended to include Stephanie Kennedy, Traffic Technologist, Tony Konstantinidis, Traffic Technologist, and Donald R. Snow, Director, Traffic and Parking Division, as Municipal Law Enforcement Officers, and further, That the Municipal Code of the City of Kitchener be amended accordingly. That the Discussion Paper on the 1997 Corporate Action Plan, emanating from the Council/Senior Management study group sessions, be tabled, and further That the contents of the Discussion Paper be circulated in the local media and on the internet in the City of Kitchener Home Page. At the same time, copies of the Discussion Paper are to be made available to all City staff for comment, and further, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 8. (Cont'd) COUNCIL MINUTES FEBRUARY 3, 1997 - 35- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 3, 1997 - 35- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That through these advertisements, all citizens of the community be invited to provide their input at a Special Meeting of the Finance and Administration Committee to be held in the Council Chambers commencing at 7:00 p.m. on Monday, February 24, 1997. Upon completion of this process the Discussion Paper will proceed to City Council for formal ratification at it's regularly scheduled meeting to be held Monday, March 3, 1997. 9. That the need for the position of Chief Administrative Officer be accepted. 10. That no action be taken on the issue of providing cellular phones for use by Councillors, and further, That any Councillor using a cellular phone may access the government cellular rate through the City and utilize the City's billing system provided all costs are assumed by the individual. (Motion Lost) 11. That the Interim Chief Administrative Officer, working with the Legal Department, undertake a comparative analysis of the Chief Administrative Officer By-laws for the municipalities of Mississauga, Windsor, London, Hamilton, Toronto, Ottawa, Cambridge and Guelph as appended to correspondence from Councillor B. Vrbanovic dated January 20, 1997, as well as the by-law of the Regional Municipality of Waterloo, and prepare a report outlining the standard or common terms and clauses used in all of the above by-laws, and highlighting separately all unique, optional or variable clauses which may appear in selected by-laws. (As Amended) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That, subject to the sponsorship of Mr. Wayne Wettlaufer, M.P.P., City staff prepare a draft application for private legislation to restrict the demolition of buildings located on property designated under Part IV or V of the Ontario Heritaqe Act; and further That the application be substantially in the form similar to private bills enacted for the Town of Milton and the City of Brantford; such application to be reviewed by the Local Architectural Conservation Advisory Committee and approved by Council prior to its submission to the Province of Ontario. That, the Parks and Recreation Department and Public Works Department be authorized to install a bronze historic plaque, previously located in a cabinet on the sidewalk, at the main entrance of the Walper Hotel, 1 King Street West, a property designated under Part IV of the Ontario Heritaqe Act; and further That the Parks & Recreation Department and the Public Works Department be permitted to install a bronze heritage plaque, previously located in a cabinet on the sidewalk, on the front wall of the building municipally known as 117-119 King Street West (Formerly Provident Book Store), a property designated under Part IV of Ontario Heritaqe Act; and further That the existing Provident Book Store sign be removed; and further That staff obtain the permission of the property owners prior to the removal and/or erection of these plaques. That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property municipally known as 1754 Old Mill Road (Homer Watson House); and further, LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) COUNCIL MINUTES FEBRUARY 3, 1997 - 36- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 3, 1997 - 36- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 3. (Cont'd) That the renovations consist of foundation waterproofing, underground drainage system with sump and a revised roof drainage system, all as contained in the Designated Heritage Property Alteration Application dated December 23, 1996. That the name of the City of Kitchener Local Architectural Conservation Advisory Committee be changed to Heritage Kitchener; and further That Heritage Kitchener shall be the "local advisory committee" within the meaning of the Ontario Herita,qe Act. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Transit Services Fiscal Control Plan, which will serve as a guide for the pursuit of cost containment and revenue generation initiatives for Kitchener Transit, be adopted; and further, That the direction given to staff by the members of the Public Works and Transportation Committee on January 27, 1997, be included in the staff report dealing with time lines. (As Amended) 2. That, effective March 1, 1997, the Milk Run Demonstration Project be discontinued, and further, That the Community Transportation Action Program explore alternative service delivery strategies. That the City of Kitchener support the Kitchener and Waterloo Transportation Action Program (CTAP) demonstration proposal, and further, That the Province of Ontario be requested to provide up to $50,000.00 in funding to cover the first phase of this demonstration proposal, and further, That the involvement of transit and other City staff, as required, be supported, and further, That the selection of TechKnowledge Consulting as the project demonstration consultant and advisor be supported. That, effective January 1, 1997, and consistent with the recent ruling of the Ontario Energy Board, natural gas rates in the City of Kitchener be modified in accordance with the report presented to the Public Works and Transportation Committee on Monday, January 27, 1997. COUNCIL MINUTES FEBRUARY 3, 1997 - 37 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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 INTERIM CHIEF ADMINISTRATIVE OFFICER - 1. Licenses Mr. R.W. Pritchard advised that Ms. Katherine Vatcher has requested that her Massagist licence application be withdrawn. Councillor K. Redman asked that consideration of clause l(b) with respect to a Body Rub Parlour licence for 6 Moyer Place, be deferred and referred to the February 17, 1997 Council meeting, pending receipt of additional information. Mr. Bradley Baumbach appeared as the applicant for the Body Rub Parlour licence in question and enquired as to why action on his application could be deferred. Councillor Redman pointed out that there have been no Body Rub Parlour licences issued in this area of the City before and she would like additional information in this regard. Mr. Baumbach pointed out that he has hired staff, is undertaking renovations at the new address and is now ready to open. He added that he was asked to move from the previous 100 Queen Street South location, and that the new location is properly zoned for this type of business. Mr. T. McCabe clarified that the zoning has been confirmed from an occupancy point of view, and that to the best of his knowledge, there is no planning process underway relative to the Moyer Place address. Mr. Baumbach requested that Council consider his application this date and not defer to a future meeting. Councillor K. Redman withdrew her deferral request, and indicated that Council would discuss the broader issue of Body Rub Parlours at a later date. Councillor T. Galloway referred to past concerns over Body Rub Parlours, and suggested that if additional information is required, Council would be wise to take the time necessary to consider it. Mr. J. Shivas advised that a new comprehensive by-law involving Body Rub Parlours could be presented relatively quickly at the Committee or Council level. Councillor G. Lorentz pointed out that the recommendation is before Council this date as the matter is considered routine and the application has been reviewed by Licensing staff. He suggested that members of Council have an opportunity to obtain additional information on such items prior to a Council meeting, and that it is inappropriate to delay consideration for a further two weeks. It was resolved: "That Ms. Debbie Charron be granted a Massagist licence for the year 1997." -and- "That Ms. Loretta Sands be granted a Massagist licence for the year 1997." -and- "That Ms. Jessica Almost be granted a Massagist licence for the year 1997." -and- "That Mr. Bradley Baumbach be granted a Body Rub Parlour licence, for 6 Moyer Place, Kitchener, for the year 1997." COUNCIL MINUTES FEBRUARY 3, 1997 - 38 - CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 3, 1997 - 38 - CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES FEBRUARY 3, 1997 - 38 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 2. Committee of Adjustment - Memberships, Subscriptions and Conference It was resolved: "That Messrs. J. Gothard, W. Dahms, A. Galloway, S. Kay and D. McKnight be permitted memberships in the Ontario Association of Adjustment and Consent Authorities for 1997, at a total cost of $310.00." -and- "That Messrs. J. Gothard, W. Dahms, A. Galloway, S. Kay and D. McKnight be permitted to attend the annual conference of the Ontario Association of Committees of Adjustment and Consent Authorities in Thunder Bay, Ontario, from June 1-4, 1997, with the City to pay the normal expenses incurred." -and- "That Messrs. J. Gothard, W. Dahms, A. Galloway, S. Kay and D. McKnight be permitted 1997 subscriptions to Municipal World at a total cost of $220.00." 3. Licensinq Aqreements - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute agreements with the registered owners of the properties known as 1 King Street West and 117-119 King Street West permitting the installation of a historical plaque on the face of each of the buildings." 4. One-Tier Sewer and Water System Costinq Study - Terms of Reference It was resolved: "That the City of Kitchener supports the Terms of Reference for the One-Tier Sewer and Water System Costing Study attached to the letter dated January 21, 1997, from (Mrs.) Evelyn Stettner, Regional Clerk, Regional Municipality of Waterloo." 5. Tenders Dealt with under Delegations. 6. Termination of Advertisinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to sign an agreement terminating the community arenas and golf courses advertising agreement with Jody Pfohl and Demitri Shvartsman, principals of Design House." FEBRUARY 3, 1997 COUNCIL MINUTES - 39- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 3, 1997 - 39- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Additional Borehole Analysis - Ralqreen Crescent Area Council was in receipt of a report and recommendation from Mr. J. Witmer dated January 29, 1997 requesting authorization to undertake two further borehole analysis in the Ralgreen Crescent area. COUNCIL MINUTES FEBRUARY 3, 1997 - 39 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Additional Borehole Analysis - Ralclreen Crescent Area - (Cont'd) It was resolved: "That Council authorize staff to further retain the services of Heath Consultants Limited for the purpose of undertaking additional borehole analysis in the Ralgreen Crescent area and hereby waives the requirement under Chapter 170 (Purchasing and Materials Management) of The City of Kitchener Municipal Code to call for expressions of interest; and, That Council agrees to pay Heath Consultants Limited $43,209, exclusive of taxes, which represents the cost of drilling the boreholes, the installation of permanent test points for the purposes of obtaining methane gas, water and soils samples and the analysis and reporting of the test data, with said borehole drilling, testing and analysis to be done on the understanding that the cost is to be shared equally with the Ministry of Environment and Energy; and further, That the Department of Public Works be directed to immediately clean up the soil debris at each borehole location." 8. Restrictive Covenants - 101 Sasacla Drive (Chroma Dispersions Inc. Council was in receipt of a memorandum from Mr. J. Shivas dated January 31, 1997 advising that the subject property has complied with all appropriate restrictive covenants. It was resolved: "That the City confirms that on February 3, 1997 the property municipally known as 101 Sasaga Drive, Kitchener, complied with all of the restrictive covenants set out in Instrument No. 358899; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 5.(a) and (b) of Schedule 'A' to Instrument No. 358899 respecting the property municipally known as 101 Sasaga Drive, Kitchener." 9. Monster Binclo and Nevada Tickets - Cystic Fibrosis Foundation Council was in receipt of a report and recommendation from Mrs. J. Koppeser dated January 31, 1997 concerning an event to be held on May 10, 1997. COUNCIL MINUTES FEBRUARY 3, 1997 - 40- CITY OF KITCI:IENER COUNCIL MINUTES FEBRUARY 3, 1997 - 40- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener-Waterloo and District Chapter of the Canadian Cystic Fibrosis Foundation to hold a $20,000 Monster Bingo event at the Kitchener Memorial Auditorium Complex, Kitchener, on May 10, 1997; and further, That the City of Kitchener has no objection to the above selling Nevada Tickets in conjunction with the Monster Bingo on May 10, 1997." 10. Massaqist Licence Council was in receipt of a memorandum from Mrs. J. Koppeser dated January 30, 1997 concerning a licence for an operator to be employed by Phoenix. COUNCIL MINUTES FEBRUARY 3, 1997 - 40 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - CONT'D 10. Massaqist Licence (Cont'd) It was resolved: "That Ms. Wendy Rees be granted a Massagist licence for the year 1997."