HomeMy WebLinkAboutFinance & Admin - 1997-12-08FAC\1997-12-08
DECEMBER 8, 1997
FINANCE & ADMINISTRATION COMMITTEE MINUTES
CITY OF KITCHENER
The Finance and Administration Committee met this date commencing at 10:05 a.m. under the
Chairmanship of Councillor J. Ziegler with the following members present: Mayor C. Zehr, Councillors
T. Galloway, K. Taylor-Harrison, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Haalboom, G.
Lorentz and C. Weylie.
Others present: Ms. P. Houston, Ms. F. Currier, Ms. L. Pasternak, Mrs. J. Koppeser, Ms. D. Arnold,
Messrs. J. Gazzola, T. McCabe, J. Shivas, T. Clancy, L. Parkhouse, J. Witmer and G. Sosnoski.
1. PRE-BUDGET APPROVAL/1998 BUILDING APPLICATION FEES
The Committee was in receipt of Planning and Development Department report PD 97/112
outlining proposed planning/building application fees which would take effect on January 1, 1998.
They were also in receipt of an additional report outlining costs for sign by-law enforcement and
sign permit administration.
Mr. Michael Gaudreau, React Signs, appeared in opposition to the proposed fee increase with
respect to portable signs, and suggested that staff should have informed all business owners of
the proposed increase and not just the sign companies, as the latter only pay the fee on behalf of
the client. Mr. Gaudreau argued that the fee for portable signs has increased by 50 per cent since
1994 and that the proposed fee amounts to a 12.5 per cent increase. He argued that this should
not be required due to the additional revenue which will accrue to the City as a result of recent
changes to the sign by-law, and that higher fees will likely result in permit avoidance and greater
enforcement costs.
Mr. Dave Lamka, A to Z Signs Limited, appeared in opposition to the proposed fee increase for
portable signs and circulated a written submission dated September 8, 1997. Mr. Lamka advised
that he is appearing on behalf of his clients, many of whom are unhappy with the proposed
increase. He pointed out that on the surface, a $5.00 increase may not seem large; however, the
majority of his clients are small business owners who require six months of permit time per year.
Mr. Lamka suggested that unfair increases could have a negative impact on the number of permits
obtained which would result in lower revenue for the City and asked that any increase be limited to
the rate of inflation.
Mr. McCabe clarified that at present, portable signs are allowed at the same location for up to six
months, with a permit required for each month of operation. He also noted that charities are
exempt from the permit fee. Councillor Vrbanovic enquired whether enforcement and
administration costs could be lowered by using multi-month permits as opposed to issuing a permit
for each month for the same location. Mr. McCabe replied that this would likely be feasible and
reduce administrative costs, and in this regard referred to the report circulated this date indicating
that at present $96,818.00 is spent annually on administering and enforcing the sign permits and
by-law. He also noted that portable sign fees were not increased in 1997. Mr. McCabe added that
Planning initially wanted to prohibit portable signs, but because of their importance to business
has exercised flexibility in this area and Council has increased the amount of time a sign can be at
a single location. All of this was on the understanding that staff would actively enforce the by-law
and not just respond to complaints. Mr. McCabe advised that a recent staff survey showed that
approximately 27 per cent of the signs in use do not have permits and this would suggest a need
for increased enforcement.
Councillor Galloway enquired whether the activity of the part-time Enforcement Officer requested
by the Department would increase sign permit revenue and as a result eliminate the need for the
proposed permit fee increase, and Mr. McCabe replied that this may be the case; however, staff
cannot be certain until the position has been in place for approximately one year. Councillor
Galloway suggested leaving the fee at the present $40.00 amount and monitoring the situation for
one year to see whether the part-time Enforcement Officer position would have an impact on
revenue. Councillor Vrbanovic also suggested a two-month sign permit to reduce administrative
costs.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
DECEMBER 8, 1997
- 149 -
CITY OF KITCHENER
1. PRE-BUDGET APPROVAL/1998 BUILDING APPLICATION FEES - CONT'D
Moved by Councillor T. Galloway,
"That Council adopt a multi-month, consecutive licence for portable signs, with the number
of months to be determined at the time of the first application, and with a fee of $45.00 for
the first month and $40.00 for each month thereafter provided the same sign is used and is
not relocated; and,
That the above apply only to the client business and not to sign companies with the sign
by-law being amended accordingly; and further,
That the request for a part-time By-law Enforcement Officer be referred to the 1998 budget
process for a report from staff detailing the associated costs and any anticipated increase in
revenues, and in the interim the portable sign fee remain at $40.00."
Mr. Gaudreau pointed out that such a move could result in some tenants in multi-tenant malls
monopolizing the use of portable signs for in excess of 30 days, noting that the present legislation
effectively prevents this from occurring.
Councillor Jake Smola put forward, and later withdrew, a motion to defer consideration of the sign
permit term and fee to allow staff to properly analyze the impact of the proposed change and
report back to Council on December 15, 1997.
Councillor T. Galloway then amended his earlier motion by deleting all reference to consecutive,
multiple month permits and the following motion was then voted, as amended.
On a motion by Councillor T. Galloway,
it was resolved:
"That the permit fee for portable signs remain at $40.00 at this time; and further,
That the request of the Planning and Development Department to hire a Part-time By-law
Enforcement Officer be referred to the 1998 budget process for a report from staff detailing
the associated costs and any anticipated increase in revenue."
In response to a comment from Councillor Ziegler, Mr. McCabe advised that the Mediation Trust
Fund was not used in 1997 and that there is no planned increase in the contribution amount
associated with planning applications. He also advised that the subdivision related fees are new,
as approval authority was recently delegated to the municipality by the Region, and developers
have asked that these fees be phased in.
Councillor Jake Smola inquired as to the re-inspection fee, and questioned whether staff have
considered requiring an inspection deposit from the builder, and Mr. Witmer replied that in the past
staff have tried to stay away from the deposit requirement as the follow up is a municipal
responsibility. Councillor Smola also asked that staff investigate the entire issue of grading plans
and related problems, and that if this issue is still problematic bring a report to a future Planning
and Economic Development Committee meeting for discussion. Mr. Witmer replied that he is
presently meeting with representatives of the Homebuilders' Association and anticipates a report
by the end of January, 1998 or during the budget process.
Councillor Haalboom noted that no increase is recommended for demolition control application
fees, and suggested that an increase in the amount of approximately $50.00 would be appropriate
given the City's position on environmental and heritage issues. Mr. McCabe noted that there were
only two demolitions in 1997, for which building permits were subsequently required and that last
year Council added a charge of $50.00 for each additional residential building demolished.
1. PRE-BUDGET APPROVAL/1998 BUILDING APPLICATION FEES - CONT'D
On a motion by Councillor J. Haalboom,
FINANCE & ADMINISTRATION COMMITTEE MINUTES
DECEMBER 8, 1997
- 150 -
CITY OF KITCHENER
it was resolved:
"That Council adopt the 1998 Schedule of Fees for Planning and Building applications as
outlined in Appendix "A" of Planning and Development Department report PD 97/112
(December 1, 1997) as amended by the Finance and Administration Committee on
December 8, 1997 so as to increase the demolition control application fee to $150.00 plus
$50.00 for each additional residential building demolished and with no increase at this time
to the permit fee for portable signs; and further,
That the above fees be implemented effective January 1, 1998 and Chapter 380 (Tariff of
Fees) of the Municipal Code be amended accordingly."
Mr. McCabe clarified that there is a typographical error in Appendix "A" and that the 1997 fee for
letters of compliance (express) should read $110.00 and not $115.00.
RELOCATION OF SEXUAL/EROTIC BODY RUB PARLOURS
The Committee was in receipt of various reports from J. Koppeser pertaining to requests for
relocation or changes to approved locations from Anabella's, Pleasures, Cleopatra's, Victoria's
and Phoenix.
Councillor Ziegler noted that Council had previously approved the relocation of Phoenix and
Victoria's, and the latter is now asking in addition for permission to expand in 1998 into part of the
adjoining residential unit.
Mr. Stephen Schmidt, Lawyer, appeared on behalf of his client, Cheryl Edwards (owner of
Pleasures) and in support of her request that the current operation be relocated to either 1151-
1157 Victoria Street North or 1412 Victoria Street North. Mr. Schmidt further clarified comments in
his correspondence to the effect that though technically speaking, there is a residential unit on the
South side of the mall in question, his client's location would be flanked by other businesses in the
mall and is not directly adjacent to the residential unit. He suggested that whether or not this
offends the location criteria is a matter of interpretation and that his client is approaching Council
in this regard in good faith.
Mr. Schmidt advised that his client's preferred location at 1412 Victoria Street North meets all
location criteria with the exception of zoning as it is presently zoned M5. He further advised that
all tenants and the owner of the subject property have indicated that they have no objection to the
relocation, and in this regard he produced letters from these individuals. Mr. Schmidt suggested
that Council has an obligation to exercise fairness in treating all relocation applications similarly,
and where concessions are made allow consideration of similar circumstances with respect to
other body rub parlours. In this regard, Mr. Schmidt referred to a previous exemption granted to
Victoria's with respect to residential units. In response to a question from Councillor Jake Smola,
Mr. Schmidt advised that he has not contacted the owner of the residential property adjacent to
1151-1157 Victoria Street North.
On a motion by Councillor M. Yantzi,
it was resolved:
"That the request of Ms. Cheryl Edwards for permission to operate a body rub parlour at
1412 Victoria Street North, Kitchener, during the year 1998, be approved."
Mr. Schmidt also appeared on behalf of Mr. Randy Zivkovic, owner/operator of Anabella's, and
advised that his client is withdrawing all of the possible locations outlined in Ms. Koppeser's report
of December 1, 1997 save and except 1206 King Street East (corner of Weber Street and
Arlington Boulevard). Mr. Schmidt further advised that the CR4 zoning is similar to that of the site
approved for Victoria's but that there is a residence nearby. He circulated photos of
RELOCATION OF SEXUAL/EROTIC BODY RUB PARLOURS - CONT'D
the residence in question and suggested that it does not abutt the side yard and therefore does
not offend the location criteria. He also acknowledged that the location is within 100 meters of a
religious institution; however, using a map he illustrated that accessibility to the Church site is less
direct than from the approved site for Victoria's and in terms of walking and driving distances is
FINANCE & ADMINISTRATION COMMITTEE MINUTES
DECEMBER 8, 1997
- 151 -
CITY OF KITCHENER
further away. He suggested that this is an issue of fairness, and that his client's application should
be considered in the context of concessions previously granted for Victoria's.
Councillor Vrbanovic pointed out that where exemptions to the location criteria have been granted
in the past, these have been minor in nature and pointed out that this location does not meet the
zoning criteria, that there is an insufficient separation from a Church, and that notwithstanding the
location of the laneway, the back of the residential units abutts the side yard of the proposed
location. Councillor Ziegler suggested that Mr. Zivkovic has made an honest effort to find alternate
locations and that he should be given an opportunity to look at additional locations prior to the
January 12, 1998 meeting of the Finance and Administration Committee.
On a motion by Councillor B. Vrbanovic,
it was resolved:
"That no action be taken on the request of Mr. Randy Zivkovic, owner/operator of
Anabella's body rub parlour for permission to relocate to 1206 King Street East, and that he
be granted an extension of the relocation deadline to allow him to submit alternate locations
for consideration by the Finance and Administration Committee on January 12, 1998, on
the understanding that said locations will meet Council's location criteria or that any
variance in this regard will be minor in nature; and further,
That there is to be no action in regard to enforcement of the business licence requirement
pending the outcome of the January 12, 1998 meeting."
The Committee then considered a request from Cleopatra's to move its operation from Unit 7 at
280 Victoria Street North to Unit 5 which would result in an increase in floor area from 652 square
feet to 1,150 square feet to allow construction of an office, a proper size change room and an
additional staff washroom.
On a motion by Councillor G. Lorentz,
it was resolved:
"That the request of Ms. Margaret Deptulski to operate a body rub parlour at 280 Victoria
Street North, Unit 5, Kitchener, during the year 1998, be approved."
The Committee then considered a request from Ms. Nina Troezka, owner of Victoria's, for
permission to expand her operation in 1998 into part of the residential unit which adjoins the 1127
King Street East location previously approved by Council.
On a motion by Councillor G. Lorentz,
it was resolved:
"That the request of Ms. Nina Troezka to operate a body rub parlour at 1127 King Street
East, Kitchener, during the year 1998, be approved; and further,
That provided the total floor area for the body rub parlour at 1127 King Street East does not
exceed 125 square meters, permission be granted in 1998 to expand the premises to
include part of the adjoining residential unit in order to provide office and additional
washroom space."
Councillor Haalboom requested that she be recorded as opposed to the expansion of the floor
space for Victoria's.
RELOCATION OF SEXUAL/EROTIC BODY RUB PARLOURS - CONT'D
The Committee then considered a request from Mr. Brad Baumbach, owner of Phoenix, for
approval to operate at the approved 2271 Kingsway Drive location in 1998.
On a motion by Councillor G. Lorentz,
it was resolved:
"That the request of Mr. Brad Baumbach to operate a body rub parlour at 2271 Kingsway
Drive, Kitchener, during the year 1998, be approved."
FINANCE & ADMINISTRATION COMMITTEE MINUTES
DECEMBER 8, 1997
- 152 -
CITY OF KITCHENER
3. DRAFT BY-LAW FOR LICENSING AND REGULATING ADULT ENTERTAINMENT
PARLOURS
The Committee was in receipt of a report from J. Koppeser dated December 2, 1997, including a
draft of the re-organized by-law which encompasses licencing of sexual/erotic body rub parlours.
On a motion by Councillor Jake Smola,
it was resolved:
"That the draft by-law dated November 28, 1997 to licence and regulate adult entertainment
parlours and attendants as appended to the report of J. Koppeser dated December 2, 1997
be approved."
FESTIVAL OF THE NIGHT - APPROVAL OF VENDOR LOCATIONS/WAIVING OF FEES
The Committee was in receipt of a report from J. Koppeser dated December 3, 1997 in response
to a request from the Parks and Recreation Department that certain vendors be permitted to sell
food on public property during the Festival of the Night celebration on December 31, 1997. Also,
to waive fees in this regard and for the Transient Photographer's Licence, as well as permission
for indoor fireworks and the operation of a free bingo.
On a motion by Councillor G. Lorentz,
it was resolved:
"That the following vendors be permitted to sell food at the locations indicated for the
Festival of the Night on December 31, 1997, and that the related licence fees be waived:
M. & M. Meats
Charles Street Fries
Pizza Pizza
City of Kitchener
Victoria Park
King Street (near City Hall)
Civic Square
Civic Square; and
That the Transient Photographers Licence fee applicable to Event Pics be waived for this
event; and further,
That permission be granted to the Family Awareness Centre to operate a free bingo in
conjunction with this event, and that permission also be granted for Indoor Fireworks, with
all of the above subject to meeting all related requirements, including but limited to: health
and fire regulations; insurance coverage; regulations for pyrotechnics (including submission
of certification); any other requirements as detailed in the letter of the Risk Manager to the
Parks and Recreation Department."
POLICE REVIEW OF LICENCE APPLICATIONS
The Committee was in receipt of a report from J. Koppeser dated December 2, 1997 in response
to an earlier request regarding the method whereby Police review and sign-off on selected licence
applications. The report notes that staff are recommending no change be made to the current
procedure.
POLICE REVIEW OF LICENCE APPLICATIONS - CONT'D
On a motion by Councillor B. Vrbanovic,
it was resolved:
"That the current procedure with regard to obtaining police signatures on selected licence
applications as outlined in the report of J. Koppeser dated December 2, 1997, remain as at
present with no changes."
Councillor Yantzi asked that he be recorded as opposed to the motion.
TRANSIENT TRADER/HAWKERS AND PEDLAR BY-LAW
The Committee was in receipt of a report from J. Koppeser dated December 5, 1997 concerning
FINANCE & ADMINISTRATION COMMITTEE MINUTES
DECEMBER 8, 1997
- 153 -
CITY OF KITCHENER
proposed revisions to the Transient Trader and Hawker and Pedlar By-law as a result of the
elimination of the business tax in January of 1998. The report also recommends new vendor
categories and maximum fees, and includes a draft by-law dated December 5, 1997.
Councillor Haalboom suggested that farmers be exempt from the proposed $50.00 fee, and Mrs.
Koppeser replied that the current fee is $10.00 and that the increase in related to damage which
occurs to the public right-of-way as a result of this type of vending. Councillor Vrbanovic enquired
as to how the by-law and fees address the concerns raised earlier by Hiway Flowers regarding the
location of flower vendor carts adjacent to established florists. Mrs. Koppeser replied that each
site and every vendor will now require a Temporary Vendor Licence. She also advised that a fee
for site inspection, including assurances that there are no traffic obstructions, has been built into
the proposed fee.
Councillor B. Vrbanovic put forward a motion to adopt the schedule of fees and draft by-law as
submitted, subject to imposition of a three day limit for temporary vendors and temporary retail
markets and clarification by staff of the temporary vendors who would fall into this category and
how the current operators are affected.
Ms. Pasternak replied that new provisions in the Municipal Act exempt specific location categories,
and that the by-law would apply to new applications only. Councillor Ziegler asked that staff
clarify, for the December 15 Council meeting, whether itinerant vendors, such as those previously
located at King and Fairway or Weber and Arlington for three days to a week out of the year, will
now be licensed.
Councillor J. Haalboom put forward an amending motion to waive the $50.00 fee for farmers
selling produce from their own farm property which was voted on and Carried.
Councillor B. Vrbanovic amended his earlier motion to add that provision be made for an extension
of use to allow the owner of a permanent business to locate a vendor cart adjacent to that
business.
The main motion by Councillor Vrbanovic was then voted on, as amended.
On a motion by Councillor B. Vrbanovic,
it was resolved:
"That the draft by-law dated December 5, 1997 to licence and regulate itinerant and
temporary vendors and permanent and temporary markets, along with the fee schedule
appended to the report of J. Koppeser dated December 5, 1997 be approved subject to
removal of the $50.00 fee for farmers selling produce from their own farms; other farmers
would still require such a licence; and,
That a three day limit be imposed on temporary vendors and temporary retail markets,
subject to clarification by staff of who would fall under the temporary vendor category and
how operators under the current system would be affected by the draft legislation; and
further,
TRANSIENT TRADER/HAWKERS AND PEDLAR BY-LAW - CONT'D
That provision be made for an extension of use to allow the owner of a permanent business
to locate a vendor of a related product adjacent to said business."
It was generally agreed to refer the balance of the agenda to the Finance and Administration
Committee meeting scheduled for January 12, 1998.
On a motion by Councillor K. Taylor-Harrison,
it was resolved:
"That staff provide a copy of the December 2, 1997 report of J. Koppeser outlining the
rationale for licensing fees involving places of refreshment to anyone who previously filed
an objection in this regard and to any member of the public who objects in future."
7. NEXT MEETING
FINANCE & ADMINISTRATION COMMITTEE MINUTES
DECEMBER 8, 1997
- 154 -
CITY OF KITCHENER
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, January 12, 1998.
ADJOURNMENT
On motion, the meeting adjourned at 12:25 p.m.
G. Sosnoski
Manager of Corporate
Records/Assistant City Clerk
