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HomeMy WebLinkAboutFinance & Admin - 1999-05-25FAC\1999-05-25 FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 25, 1999 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:15 a.m., with the following members present: Mayor C. Zehr, Councillor T. Galloway, Councillor J. Haalboom, Councillor G. Lorentz, Councillor John Smola, Councillor K. Taylor-Harrison, Councillor B. Vrbanovic and Councillor C. Weylie. Councillor M. Yantzi and Councillor Jake Smola were in attendance for part of the meeting. Others present: Ms. L. Pasternak, Ms. J. Koppeser, Ms. P. Houston, Ms. L. MacDonald, Messrs. B. Stanley, J. Witmer, J. Shivas, L. Neil, T. Fox, T. Clancy, D. Snow, L. Proulx and D. Hergott and Ms. D. Gilchrist. 1. DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR At its meeting of May 10, 1999, the Finance and Administration Committee deferred and referred further consideration of Mr. Zivkovic's request to relocate an adult entertainment parlour to today's meeting. The Committee had been provided with the report of Ms. J. Koppeser, Manager of Licensing, dated May 4, 1999, a copy of Mr. Zivkovic's letter, received by the Licence Office on May 3, 1999 and copies of two letters from Mr. J. Ziegler and Ms. D. Hartman, residents of King Street East, objecting to the relocation of the adult entertainment parlour to 3160 King Street East. Councillor J. Ziegler vacated the Chair and removed himself from the Committee, advising that he does not have a conflict of interest in this matter but an interest in common with other residents on King Street East. He advised that he would like to make a presentation to the Committee. Councillor T. Galloway assumed the Chair at this time. Mr. J. Jaeger, Solicitor for Mr. Zivkovic, was in attendance and advised that, in light of the last meeting, 1206 King Street East is the preferred location. He advised that they were not withdrawing 3160 King Street East as a possible location, as it is similar to other locations occupied by adult entertainment parlours, but it is not the preferred location due to Mr. Ziegler's concerns. Mr. Jaeger then reviewed the background to the City's location criteria. He noted that public consultation is important; however, the current criteria have already been subject to public consultation. Because the Iocational criteria have already been established, Council must now act in a quasi-judicial capacity in issuing a licence. The criteria must be applied fairly, as they have been applied to others. Mr. Jaeger noted that there are no other locations available. Mr. Jaeger then advised that 1206 King Street East is commercially zoned. Regarding the church in the vicinity, Mr. Jaeger noted that staff have determined that the separation distance is 91.4 meters. The Iocational criteria require a separation distance of 100 meters from the premises of an existing religious institution. Mr. Jaeger suggested that the measurements should be checked. He was of the opinion that, from premises to premises, the distance would be greater than 100 meters. He noted that the driving distance between the religious institution and 1206 King Street East would be greater than 100 meters. Mr. Jaeger stated that an exemption for 1206 King Street East would not be unreasonable. He felt that any ambiguity should be resolved in favour of his client. He noted that the church is not visible from 1206 King Street East. Regarding the property at 3160 King Street East, Mr. Jaeger stated that his has concerns with Mr. Ziegler's written submission. He felt that Mr. Ziegler may have a conflict. He also felt that Mr. Ziegler was trying to influence Council by removing himself and being a delegation. He felt Mr. Ziegler did not want this in his backyard. With regard to the property already being occupied by an adult video store, Mr. Jaeger noted that Cleopatra's is already in a mini-mall with an adult video store. Mr. Jaeger then advised the Committee that they will continue looking for alternate locations and they have until May 31, 1999. He suggested that Council could grant a 60 day or 30 day extension, if the proposed locations were not successful. He noted that they have come to the City in good faith. They are continuing to look for other locations and they have other potential locations. Councillor C. Weylie spoke of the front and side doors of 1206 King Street East and the possibility, mentioned at the last meeting, that they would be willing to close-off the side door. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 257 1999 - 78- CITY OF KITCHENER 1. DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR - CONT'D Mr. Jaeger responded that they may be willing to close-off the side door or Mr. Zivkovic may have a commercial office there, in which case it would not be an exit/entrance to the adult entertainment parlour. He noted that the residential property is behind this location. Mr. Jaeger stated that, if the Committee wished, they would close the door. Councillor Weylie referred to an earlier reference made by Mr. Jaeger, when presenting background information to the criteria, to a 50-meter separation from a church. Ms. L. Pasternak stated that she believed that was included in the very first staff report but was never approved by Council. Councillor Weylie pointed out to Mr. Jaeger that she was surprised that, as a lawyer, he would refer to an unapproved staff report when the law as set by Council was 100 meters. Councillor Weylie then questioned the definition of premises and Mr. J. Shivas responded that it means land and buildings and is not confined to buildings. Councillor M. Yantzi entered the meeting at this time. Councillor K. Taylor-Harrison noted that when Council considered the application from Cleopatra's, the applicant solicited a written submission from the one residence the business would face across the street. Councillor Taylor Harrison then questioned Mr. Jaeger as to whether letters had been obtained from the residence facing 1206 King Street East. Mr. Jaeger advised that they had not done so, as that is not part of the Iocational criteria. Councillor C. Weylie questioned whether 1206 King Street East had gone before the courts. Mr. Jaeger responded that it is not mentioned in the reasons for judgment, to the best of his knowledge. Mr. J. Shivas advised that there is specific reference in the judgment to 1081 King Street East. He noted that the judgment refers generally to a number of locations previously considered by Committee and Council. 1206 King Street East received previous consideration from Council that was not problematic to the court. Mr. J. Ziegler then addressed the Committee advising that, in the other decisions of Council, the Iocational criteria was thought to be more important than zoning. He stressed that the Iocational criteria for adult entertainment parlours states that these businesses can not be across from or beside residences, and he is speaking as a resident. Mr. Ziegler then submitted two petitions containing signatures of four residents at 3188 and 84 residents at 3189 King Street East who are opposed to locating an adult entertainment parlour at 3160 King Street East. Councillor B. Vrbanovic advised that he had spoken with the Minister of the church located closer than 100 meters to 1206 King Street East. Councillor Vrbanovic stated that the Minister advised that they had learned of this through the newspaper and will be submitting a written objection to the location of an adult entertainment parlour at 1206 King Street East. Councillor K. Taylor-Harrison relayed information she had received about an amorous encounter which had taken place, in open view on the balcony, at Mr. Zivkovic's current business location, and her concern about how this would impact on nearby residences. Councillor B. Vrbanovic suggested referring the whole matter to the special Council meeting of this date. Councillor T. Galloway stated that this Committee could make whatever recommendation it wants, to go forward to the special Council meeting. Mr. J. Shivas advised that the matter does not have to go to Council today, if the Committee wants further information. When questioned by the Committee as to whether the residence was beside or behind 1206 King Street East, Mr. Shivas advised that a public lane separated the two and that the Committee may want to consider whether the residence was across a street from the proposed location. Councillor B. Vrbanovic put forward a motion to defer consideration of 1206 King Street East to the special Council meeting and to take no action on 3160 King Street East. He stated that the Committee should consider the objections from the residences across from and beside 3160 King Street East. Mayor C. Zehr requested that each location be dealt with separately. Councillor M. Yantzi spoke in support of the motion of no action for 3160 King Street East. He FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 257 1999 - 79- CITY OF KITCHENER 1. DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR - CONT'D noted that the purpose of the criteria was to ensure that those residences most directly impacted would not be adversely affected. He noted that Cleopatra's, across Victoria Street from one residence which gave consent, was clearly different from the current situation. He felt that the motion is consistent with the intent of the criteria. Councillor J. Haalboom questioned the location of Victoria's, which Ms. Koppeser advised is on King Street near its intersection with Ottawa Street. On a motion by Councillor B. Vrbanovic, it was resolved: "That no action be taken on the request of Mr. Randy Zivkovic to relocate an adult entertainment parlour to 3160 King Street East, Kitchener." Councillor K. Taylor-Harrison questioned whether the by-law included a separation factor between adult entertainment parlours and was advised that there is no such requirement. On a motion by Councillor B. Vrbanovic, it was resolved: "That consideration of the request of Mr. Randy Zivkovic to relocate an adult entertainment parlour to 1206 King Street East be deferred and referred to the special Council meeting of May 25, 1999." Councilor C. Weylie advised that she wanted a resolution for 275 Lancaster Street West. Mr. Jaeger advised that the Lancaster Street location has been withdrawn. Mr. Shivas advised that a resolution for 275 Lancaster Street West was not necessary, as the location has been withdrawn. NOISE BY-LAW EXEMPTIONS The Committee was in receipt of a report from Mr. M. Price, Manager, Culture, Events, Leisure Programs, dated May 18, 1999, recommending exemptions from the City's Noise By-law with respect to events, to take place this summer, on City property. On a motion by Councillor G. Lorentz, it was resolved: That the following exemptions to Chapter 450 (Noise) of the Municipal Code be approved: Event Location Date Time Sunny Side of the Civic Square June 13,1999 2:00- 4:30 p.m. Street Global Beat - Croatian Culture Civic Square July 8, 1999 7:00 - 10:00 p.m. - Salsa Civic Square July 15, 1999 7:00 - 10:30 p.m. - British Isles Civic Square July 22, 1999 7:00 - 10:00 p.m. - Germany Civic Square July 29, 1999 7:00 - 10:00 p.m. Toonie Tuesdays Civic Square July 6, 13, 20, 27, 1999 6:30 - 8:30 p.m. Double-Bill Tuesdays Goudies August 10, 17, 24, 31, 7:30- 9:30 p.m. Green 1999 Sunday Concerts - Summer in the City Victoria Park August 15, 1999 1:00 - 8:00 p.m. Blues Festival 3. LOT MAINTENANCE AND EXTERIOR PROPERTY STANDARDS CLEANUP - 191 BENTON FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 257 1999 - 801- CITY OF KITCHENER STREET The Committee was in receipt of Business and Planning Services Staff Report BPS #99/75, dated May 17, 1999, with respect to lot maintenance and property standards violations for 191 Benton Street. The Committee was also provided with revised wording for the recommendation. Councillor Yantzi put forward the revised recommendation from staff. It was requested that staff provide the name of the owner of the property when the property is owned by a business. On a motion by Councillor M. Yantzi, it was resolved: "That we recommend City Council pass a by-law at its May 31, 1999 meeting, authorizing repairs to the exterior building at 191 Benton Street, as well as the removal of waste material, at the property owner's expense if this has not been done by the owner on or before June 4, 1999." DOWNTOWN LIQUOR LICENCE APPLICATIONS - LA DIFERENZA CAFe - 60 FREDERICK STREET The Committee was in receipt of Business and Planning Services Staff Report BPS 99/85 with respect to a liquor licence application for La Diferenza Cafe. There was a brief discussion in this regard. Councillor B. Vrbanovic questioned whether the criteria had been followed and staff advised that it had been. On a motion by Councillor K. Taylor-Harrison, it was resolved: "That Council take no action to oppose the application for a liquor licence by La Diferenza Cafe, 60 Frederick Street, Kitchener." REQUEST FOR EXEMPTION TO CHAPTER 210 (CEMETERIES) OF THE MUNICIPAL CODE The Committee was in receipt of a report from Mr. G. Kett, Manager, Cemetery and Golf Course Operations, dated May 17, 1999, with respect to a request received from members of the family of the late Walter and Pearl McGibbon to permit the installation of two additional upright memorials on Lots 79 and 80 in Section H-C in Woodland Cemetery. On a motion by Councillor T. Galloway, it was resolved: "That we approve the request of the family of the late Walter and Pearl McGibbon for an exemption to Chapter 210 (Cemeteries) of the Municipal Code to erect two additional upright memorials on Lots 79 & 80 in Section H-C in Woodland Cemetery." GLOBE STUDIOS - (KW) - REQUEST FOR INTEREST FREE LOAN The Committee was in receipt of a letter which had been received by Councillor M. Yantzi from Globe Studios (KW), dated May 17, 1999, advising that Globe Studios has been given 30 days notice to vacate their present premises at 72 Victoria Street South. The letter also advises that they have found 9,000 square feet of open warehouse space on the fourth floor of the old Lang Tannery on Joseph Street and are requesting an interest-free loan, from the City of Kitchener, in the amount of $20,000.00 to do the necessary renovations to create ten studios at this new location. Councillor M. Yantzi introduced the report outlining the request and advising that we do want to make it possible for artists to operate in the downtown. He introduced Ms. I. Stefanescu of the Globe Studios. Ms. Stefanescu addressed the Committee advising that they are now faced with building GLOBE STUDIOS - (KW) - REQUEST FOR INTEREST FREE LOAN - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 257 1999 - 81- CITY OF KITCHENER eleven studios at once. These expenses have appeared suddenly and she advised that, up until now, the Globe Studios have been self-sufficient. She noted that they are trying to keep the rents at a rate that the artists can afford and, the benefit to the City of Kitchener is having a grouping of artists in the downtown. Councillor J. Haalboom noted that only a portion of the artists from the Globe Studio would be relocating to the old Lang Tannery and questioned what would happen to the other artists. Ms. Stefanescu advised that they are looking for other space downtown, specifically space above the retail stores in the downtown. Councillor K. Taylor-Harrison noted that artists are at the forefront of change. She questioned whether there was space in the building to allow all the artists under one roof. Ms. Stefanescu advised that the other spaces in the building are not suitable. These proposed eleven studios would accommodate people who do not have alternate locations. Councillor M. Yantzi questioned when the Globe Studios had to vacate 72 Victoria Street South and Ms. Stefanescu advised that they had to be out by June 3rd. She felt there might be some potential to stay until the end of June. Councillor M. Yantzi advised that he would support in principle an interest-free loan of $20,000.00 and he requested that staff report on how best to implement this loan. A brief discussion took place with respect to two existing loan programs. Ms. P. Houston suggested trying to fit this loan into one of the existing loan programs. On a motion by Councillor M. Yantzi, it was resolved: "That we approve the request of Globe Studios (KW) for a $20,000.00 interest free loan to assist them with the costs of renovating space in the old Lang Tannery for artists' studios; and, That the funds come from an existing program; and further, That staff recommend the source of the funding and administration of the loan." CORPORATE STRATEGIC PLAN (1999 -2002) It was noted that no delegations had registered to speak on these Corporate Goals and Objectives. The Committee was in receipt of the draft City of Kitchener Corporate Goals and Objectives (1999 - 2002), dated revised May 3, 1999. On a motion by Councillor G. Lorentz, it was resolved: "That the City of Kitchener 1999 - 2002 Corporate Goals and Objectives, as considered at the May 25, 1999 Finance and Administration Committee meeting, be adopted." TRANSIT TERMINAL SECURITY The Committee was in receipt of Department of Public Works Report #99.7, dated May 6, 1999, recommending increased security at the Transit Terminal. Mr. D. Snow introduced Ms. F. Oliver, Supervisor of the Transit Terminal. Mr. Snow then reviewed the staff report, advising that it is based on a thorough review of the situation. He advised that the proposal would give a level of comfort to citizens and Transit workers, and that a better presence of security staff is needed at the Transit Terminal. He stated that he believed that what is needed is to have security officers on duty during the recommended time. Mr. Snow then advised that he has spoken with the Waterloo Regional Police about using the supervisor's office as a community policing office. Mr. Snow also advised that they have reviewed the surveillance system and the dark, dead areas. Mr. Snow noted that an over expenditure of this year's budget would be required for this proposal. TRANSIT TERMINAL SECURITY - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 257 1999 - 82- CITY OF KITCHENER Councillor J. Ziegler questioned whether staff have looked into a private contractor. Mr. Snow advised that they do not have the same education as our own security officers and we need the qualifications of our existing staff. Mayor C. Zehr noted the poor lighting in certain areas of the Transit Terminal. Mr. Snow acknowledged lighting as a concern and stated that a review of lighting levels is included in the recommendations. Mayor C. Zehr commented on the shelter on Charles Street and its purpose. Mr. Snow noted that, originally, there was some buses stopping at that location. He advised that actions have been taken to have it removed and relocated. A discussion then took place with respect to costs. Councillor T. Galloway questioned whether there would be any seasonal adjustment to the recommended times, as there would be not students over the summer months. Mr. Snow advised that had been considered; however, staff reviewed the incidents and the need is still there. He noted that this is still the busiest time throughout the year. Councillor Galloway then referred to the fact that the Transit Terminal and City Hall are only one block apart. He questioned the possibility of sharing security staff between the two facilties. Mr. Snow advised that staff had reviewed that possibility and they could provide back-up only. He noted that they have two-way communications and could call for assistance. Mr. Snow pointed out that the levels of security recommended are what staff feel is needed. Councillor Galloway advised that he agreed that there is a need for increased security but he thought the proposal was rather rich. He questioned whether staff had an alternate proposal. Mr. Snow advised that the compromise of staff is to recommend no security between 5:00 a.m. and 2:30 p.m. from Monday to Friday. He advised that staff have compromised on this, even though the working committee thought there should be security during that time. He stated that staff would be reluctant to recommend less. Staff have seriously looked at the issue from both sides. He respectfully suggested that this is the plan that should be implemented. Councillor Jake Smola entered the meeting at this time. Councillor K. Taylor-Harrison put forward the recommendation in the staff report except for (f) deferring to Ms. P. Houston for an accurate figure for the over expenditure. Ms. Houston confirmed that the figure of $75,268.72 is correct. Councillor Taylor-Harrison then amended her motion to include (f) as contained in the staff report. Councillor C. Weylie questioned the number of out-of-town passengers coming into the Terminal per day and was advised there are approximately 300 and more on Fridays. Councillor Weylie stated that she agrees with the report and supports the motion. Councillor B. Vrbanovic stated that he has always supported adequate staffing with the right tools to do the job. He suggested looking at the downtown resources as a whole. A discussion then took place as to looking at security as a corporate resource rather than a departmental resources. Councillor Vrbanovic advised that he could support the current motion but wanted a review at the end of the year. Councillor G. Lorentz agreed with a review. He felt that the recommendation would turn things around. He felt it was necessary to provide a safe environment, and right now we have to set the tone that we are in charge. Councillor Jean Haalboom advised that she was in support of the recommendation in the staff report. She stated that we have closed our eyes too long, and Councillors have previously raised the issue about the safety of staff. Councillor M. Yantzi advised that he is in support of the recommendation; however, he felt the term "war zone" was over stating things. He advised that he walks through the Transit TRANSIT TERMINAL SECURITY - CONT'D Terminal regularly and he encouraged other members of Council to do the same. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 25, 1999 - 83- CITY OF KITCHENER Councillor K. Taylor-Harrison amended her motion to require a review in nine months time. On a motion by Councillor K. Taylor-Harrison, it was resolved: "That the levels of security at the Transit Terminal be increased as follows: a) That a minimum of two security officers be on duty from 2:30 p.m. to 12:30 a.m. Monday to Friday; and, b) That on Saturday one officer be on duty from 5:00 a.m. to 5:00 p.m. and two officers be on duty from 5:00 p.m. to 12:30 a.m.; and, c) That on Sundays and Statutory Holidays one officer be on duty from 7:00 a.m. to 5:00 p.m. and two officers be on duty from 5:00 p.m till 12:30 a.m.; and, d) That the Waterloo Regional Police Service be requested to increase their presence at the terminal through the establishment of a community based office within the terminal; and, e) That the existing video surveillance system be reviewed with a view to improvements to cover existing deficiencies including the front area of the building and light levels; and, f) Than an over expenditure of the 1999 budget, in the amount of $75,268.72, be approved; and further, That security at the Transit Terminal be reviewed in nine months time." Councillor B. Vrbanovic requested that the report include other tools which may be available to our security officers. DELEGATION - MOTORCYCLE SHOW & SHINE - MAY 28, 1999 Ms. N. Brawley of the Kitchener Downtown Business Association was in attendance with respect to the Motorcycle Show & Shine to take place downtown on Friday, May 28, 1999. Ms. Brawley advised that the proposal for a beer garden on Scott Street will not be pursued this year. Ms. Brawley advised that five restaurants will be serving food on King Street, between Scott and Frederick. She noted that the food would be cooked at the restaurants themselves. The restaurants participating would be: the Four Points, Schatzi's, William's Coffee Pub, Britannia and King Barbeque. Mayor C. Zehr questioned what specific approvals would be required and Ms. Koppeser advised that they would need approval to serve food on City property outside of the Refreshment Vehicles By-law. Mayor C. Zehr then confirmed with Ms. Brawley that they were no longer considering a beer garden for this event, which Ms. Brawley advised was correct. On a motion by Mayor C. Zehr, it was resolved: "That the request of the Kitchener Downtown Business Association be approved to locate food vendors on King Street between Frederick Street and Scott Street, as part of the Motorcycle Show & Shine, on May 28, 1999." Ms. Brawley then advised that Boomers would still be having a pig roast but it would be on their own property. 10. ADJOURNMENT On motion, the meeting adjourned at 11:55 a.m. FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 257 1999 - 84- CITY OF KITCHENER D. H. GILCHRIST COMMITTEE ADMINISTRATOR