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HomeMy WebLinkAboutCouncil Minutes - 1999-10-25 SSPECIAL COUNCIL MINUTES OCTOBER 25, 1999 CITY OF KITCHENER A special meeting of City Council was held at 12:20 p.m. this date and Chaired by Mayor C. Zehr with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council was in receipt of Business & Planning Services Department report BPS 99/168 (B. Stanley) dated October 21, 1999, recommending By-law and Municipal Plan amendments in regard to adult sex film theatre locations. Mr. J. Shivas requested that Council first consider this matter in caucus, as outlined in the in-camera agenda of this date. Council was in receipt of a memorandum from J. Shivas, City Solicitor, dated October 12, 1999 recommending consent to an assignment of a licensing agreement in regard to a parkette at 549-565 King Street East. Moved by Councillor K. Taylor-Harrison Seconded by Councillor C. Weylie "That the City consents to an assignment of a Licensing Agreement, dated September 22, 1995, by Moling Inc. to Senberg Management Limited for the parkette located at 549-565 King Street East (at Betzner); and further, That the Mayor and Clerk be authorized to execute any documentation required by the City Solicitor." Carried. Council was in receipt this date of correspondence from Deborah Rothwell, Project Co-ordinator, KOR Gallery & Studios, requesting permission to hold a one-time licensed event at the former Fire Hall at 150 Highland Road West. Council was also in receipt of a memorandum from G. Sosnoski, Deputy City Clerk, dated October 25, 1999, advising that the facility falls outside of Council's Policy 1-249 (Alcohol Management) as it relates to public facilities suitable for special occasion permit functions. The memorandum also notes that KOR Gallery & Studios' Certificate of Insurance for the premises does not include alcohol liability coverage. Ms. Melanie Kramer and Mr. Michael Alviano were in attendance on behalf of the KOR Gallery & Studios and in support of the request. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That the request of Deborah Rothwell for permission to allow the KOR Gallery and Studio to hold a one-time licensed event at 150 Highland Road West (former Fire Hall) as outlined in her correspondence of October 19, 1999, be approved, subject to the organization's Certificate of Insurance being amended to include alcohol liability coverage." Carried. The meeting then recessed at 12:22 p.m. and reconvened at 8:50 p.m., Chaired by Mayor C. Zehr with all members present. For the record, it is noted that Councillor J. Haalboom disclosed a pecuniary interest and abstained from all discussion concerning a matter subject to solicitor-client privilege discussed by Council in-camera on October 25, 1999. SPECIAL COUNCIL MINUTES OCTOBER 25, 1999 - 417 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the City accept the conditional offer dated October 18, 1999, from K-W Performing Arts Association, c.o.b, as Theatre & Company, to purchase the property municipally known as 30-38 and 42 King Street West, Kitchener for the sum of $200,00.00; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard as required by the City Solicitor." Carried Unanimously. Mr. J. Shivas, City Solicitor, referred to Business and Planning Services staff report BPS 99/168 dated October 21, 1999 which deals with the subject of adult sex film theatres. He explained that the intent of the staff recommendation was to expand the prohibition currently in effect in the Downtown and to eventually permit this type of theatre in areas zoned M-4. In relation to the proposed theatre at 156-158 King Street West, Mr. Shivas presented a staff recommendation dealing with settlement of the litigation and an Offer from Karrum Properties Inc., the owner, to sell the property to the City. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the Mayor and Clerk be authorized to execute Minutes of Settlement dated October 25, 1999, with Karrum Properties Inc. respecting 156-158 King Street West, Kitchener; and, That the City accept an offer dated October 25, 1999 from Karrum Properties Inc. to sell 156-158 King Street West, Kitchener for the sum of $350,000.00; and further, That the Mayor and Clerk be authorized to execute any documentation, approved by the City Solicitor, in connection with the above-noted transaction." Carried. Councillor Jake Smola requested to be recorded as opposed to the Karrum Properties Inc. matter. Mr. B. Stanley provided Council with a brief overview of staff report BPS 99/168. He requested that the recommendation in the staff report be revised so as to replace the words 'By-law 98-138' with reference to 'Chapter 593 of the Municipal Code'. It was noted in the report that, on August 10,1998, Council had directed the Business and Planning Services Department to review the City's Land Use Policies in respect of theatres established for the purposes of exhibiting films, as defined in the Theatres Act and the regulations thereunder and as approved by the Ontario Film Review Board as Restricted Adult Sex Films. Mr. Stanley pointed out that as a result of a review by a committee of staff, it is their recommendation that adult sex film theatres be located only in areas zoned M-4. He noted that the committee had focused on two issues which were particularly important, separation distances from existing residential uses and from uses where youth congregate. He stated that the M-4 zone is particularly appropriate because it is separated from residential uses by 300 metres. Councillor B. Vrbanovic commented that he considered the recommendation as presented to be the best solution staff could come forward with. He questioned whether the City has pursued this subject with the Province as to informing the Province that the City does not want this type of activity in the community. Mr. J. Shivas advised that the matter has been addressed in terms of the proposed new Municipal Act. It was suggested that staff develop a recommendation asking the Province to pass legislation that would allow municipalities to prohibit such theatres. SPECIAL COUNCIL MINUTES OCTOBER 25, 1999 - 418 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Chapter 593 (Theatre - Adult Sex Film) of the City of Kitchener Municipal Code be amended to prohibit the location of adult sex film theatres on land abutting any highway or part of a highway in the City of Kitchener except highways or parts of highways in the M-4 (Heavy Industrial) Zone; and further, That the Business and Planning Services Department proceed with the process to amend the Municipal Plan and By-law 85-1, the City's Zoning By-law, which would permit theatres with special regulations in M-4 Zones." Carried. Council concurred to a request from L.W. Neil to add a further by-law to its agenda for three readings this date dealing with an amendment to Chapter 593 of the City of Kitchener Municipal Code arising from consideration of staff report BPS 99/168. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That leave be given the Mover and Seconder to introduce the following by-laws and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. a) To confirm all actions and proceedings of Council. (By-law No. 99-178) b) Being a by-law to amend Chapter 593 of the City of Kitchener Municipal Code with respect to Theatres - Adult Sex Film. (By-law No. 99-179)" Carried. On motion, the meeting adjourned at 9:00 p.m. MAYOR CLERK