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HomeMy WebLinkAboutCouncil Minutes - 1998-11-09 SCOU NCIL\1998-11-09-S P E NOVEMBER 9, 1998 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of City Council was held at 12:10 p.m. this date and Chaired by Mayor C. Zehr with the following members present. Councillors K. Taylor-Harrison, M. Yantzi, Jake Smola, B. Vrbanovic, J. Haalboom, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Councillor John Smola was in attendance for part of the meeting. Notice of this special meeting had previously been 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 a report from J. Given dated November 5, 1998 recommending approval of the amended Sign Variance Application S 10/98 Famous Players theatre in Gateway Park includes a reduction in the overall sign height to 2 feet 2 inches, and the overall area to 30 square metres with no flashing lights proposed. The report also indicates a proposed reduction in the clearance of the sign face from the ground to 5 feet, but this amendment was subsequently withdrawn by Ms. Dianne Macut, Sunset Neon, who asked that clearance remain at 8 feet so as to offset any lost advertising space due to the construction of a berm. Mr. Dave Thomas,Construction Project Manager - Famous Players Theatre, Ms. Dianna Macut and David Carley, both of Sunset Neon, were in attendance this date in support of the revised application. Mr. Vern Martin appeared on behalf of the Pinegrove Community Association and advised that the Association does not support either the original or the revised sign proposals. He indicated the Association's support for the original Committee of Adjustment recommendation that Council refuse the application. Mr. Martin argued that the Famous Players Theatre is along the only major western entrance to the City, and that the proposed signage will detract from the street appearance. He referred to the City's Municipal Plan and references involving entryways to the City and suggested that the plan should be adhered to in this and similar instances. He offered the opinion that the project's relationship to the City entrance has not been properly considered from the perspective of landscaping, lighting or overall design, and suggested that the building itself does not exhibit the characteristics of good urban design. Mr. Martin also expressed concern that allowing a sign in this location which does not conform to the City's Sign By-law will set an unfavourable precedent. Councillor John Smola entered the meeting at this time. Mr. Martin referred to safety issues surrounding the proposed signage, which he argued offers limited opportunity to read detailed information, especially since the recent installation of the neighbouring Tim Horton's sign. He also pointed out that parking lot and loading dock lights are not in compliance, and questioned why neighbourhood residents would be asked to allow further deviation from the City's requirements. Mr. Martin asked that the signage issue be addressed within the confines of the City's Sign By-law. Councillor J. Ziegler pointed out that the owner does have a right to install a second pylon sign on the site, and questioned whether the neighbourhood would prefer two such signs or a single sign which does not meet requirements of the City By-law. Mr. Martin replied that he would prefer to see two signs, if necessary, both of which are in compliance, and added that a second sign would seem to be unnecessary given that fascia signs are also planned for the building. Councillor B. Vrbanovic referred to comments that various aspects of lighting are not in compliance, and Ms. J. Given responded that compliance with the lighting plan is an issue in regard to this site, and that staff are in the process of improving the inability to enforce the lighting plan. Mr. Dave Thomas, Famous Players Theatres, outlined the amended sign variance application, and suggested that a sign of this size is reasonable to identify a multi-screen theatre and the six related franchise operations housed within the building. He advised that the proposed sign has been reduced to a minimum height, noting that advertising requirements for 12 screens poses a constraint within the existing by-law, but that a sign to identify the building and the franchises alone would be well within the by-law requirements. Mr. Thomas referred to several pylon signs in the area which are of significant size, but are used only to advertise single service businesses. Councillor J. Ziegler asked whether if the revised application before Council this date is approved, Famous Players would agree to not install a second pylon sign on the site and Mr. Thomas replied in the affirmative. SPECIAL COUNCIL MINUTES NOVEMBER 9, 1998 - 513 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Council approve revised Sign Variance Application S 10198 (C.R.A.F.T. Group Inc.) as outlined in the report of J. Given (PD 98-136) dated November 6, 1998, and further amended this date so as to allow for a clearance of the sign face from the ground of 2.44 metres (8 feet); and further, That the above approval be conditional upon the applicant and owner agreeing that a second pylon sign advertising the Famous Players Theatre or associated franchises will not be erected on the subject site." Councillor J. Haalboom pointed out that the sign requested is a 50% increase over what the by-law allows and as a result cannot be considered a minor variance. She offered the opinion that this particular type and area of signage is not required, and asked Council to support the refusal recommendation of the Committee of Adjustment. Councillor T. Galloway noted that based on how it has been decorated, the entire building facade is a sign, adding that an additional 2,400 square feet of illuminated fascia signs are also proposed. Council then voted on the motion by Councillor J. Ziegler and seconded by Councillor B. Vrbanovic, and a recorded vote was requested. In Favour: Mayor C. Zehr, Councillors M. Yantzi, B. Vrbanovic, J. Ziegler and G. Lorentz. Contra: Councillors Jake Smola, K. Taylor- Harrison, T. Galloway, C. Weylie, J. Haalboom and John Smola. Motion Lost Moved by Councillor T. Galloway Seconded by Councillor J. Haalboom "That the decision the Committee of Adjustment sitting as a Standing Committee of City Council on October 27, 1998, recommending refusal of Submission No.S 10/98 - C.R.A.F.T. Group Inc. - be ratified and confirmed." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That an in-camera meeting of City Council be held immediately following recess of this special meeting to consider a labour relations/personal matter and a matter subject to solicitor-client privilege" -and- "That an in-camera meeting of City Council be held on Monday, November 16, 1998 at 6:30 p.m. in the Caucus Room to consider two matters subject to solicitor-client privilege." Carried. The special Council meeting then recessed at 1:05 p.m. and reconvened at 2:15 p.m. Chaired by Mayor C. Zehr with the following members present. Councillors C. Weylie, John Smola, T. Galloway, B. Vrbanovic, G. Lorentz and M. Yantzi. NOVEMBER 9, 1998 SPECIAL COUNCIL MINUTES - 514 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That notwithstanding the provisions of Chapter 170 (Purchasing) of the Municipal Code, Council award the contract to implement the PeopleSoft Human Resources Management System to Business Information Technology, Ottawa, for the sum of $185,000." Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That on the basis of the Province's signed Letter of Understanding respecting the Government of Ontario's Information Counter, Council authorize the Chief Administrative Officer, to send a letter of agreement to the Province, on behalf of the City; and further, That such response will have the effect of the City agreeing to the project, in principle, directing final negotiation of a detailed Memorandum of Agreement for future approval by Council, allowing renovation to the Information Counter to commence, and allowing Provincial staff to be temporarily assigned to provide reception services for the Business Enterprise Centre." Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 98-174 by the Clerk." Carried. On motion the meeting adjourned at 2:17 p.m.. MAYOR CLERK NOVEMBER 9, 1998 SPECIAL COUNCIL MINUTES - 515 - CITY OF KITCHENER