Loading...
HomeMy WebLinkAboutCouncil Minutes - 2003-05-12 SSPECIAL COUNCIL MINUTES MAY 12, 2003 CITY OF KITCHENER A special meeting of City Council was held at 5:53 p.m. this date, Chaired by Mayor C. Zehr with all members present except Councillors C. Weylie and B. Vrbanovic. 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 Corporate Services Department report CRPS-03-088 (J. Koppeser), dated May 7, 2003, recommending no objection to the request from the Ontario Lacrosse Association to sell tickets in the City. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the City of Kitchener has no objection to the Ontario Lacrosse Association, 607-1185 Eglinton Ave. E., Toronto, Ontario, M3C 3C6, being granted permission to sell tickets in the City of Kitchener for 50/50 draws to be held on May 21 and 22, 2003 at the Kitchener Memorial Auditorium, 400 East Ave., Kitchener, Ontario." Carried. Council was in receipt of Corporate Services Department report CRPS-03-086 (L. MacDonald), dated May 7, 2003, recommending approval of four requests to operate a sidewalk patio in the Downtown area. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31,2003; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donut, located at 24 Gaukel Street, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31,2003; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of The Squashed Grape Bistro, located at 271 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31,2003; and further, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31,2003." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding a liquor licence application for an outdoor patio at Caf~ Malibu located at 79 Victoria Street North. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Council take no action to oppose the application for an outdoor liquor licence for Caf~ Malibu applied for by Sreto Ubiparip, (the Applicant) to be located in front of Unit 4, 79 Victoria MAY SPECIAL COUNCIL MINUTES 12, 2003 - 160 - CITY OF KITCHENER Street North, Kitchener; subject to the applicant agreeing to voluntarily request the following conditions be added to the liquor licence; and, That should the Applicant not agree in writing to these conditions, the City of Kitchener objects to the issuance of this liquor licence; and further, That in the event that the Alcohol and Gaming Commission of Ontario, at its discretion, does not add the following conditions to the licence, the Applicant agrees to have these conditions added to and form part of the 'private agreement conditions', and understands that the City's non-objection to the issuance of the liquor licence is based on that agreement and continued compliance with it. The Applicant agrees: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct. 2. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings. 3. To abide to a set 50% monthly ratio of alcohol sales to gross refreshment sales (including, food and other sundries) as set out in his application (in other words, alcohol sales will be limited to 50% of gross refreshment sales). 4. To notify the Clerk of the City of Kitchener in writing of any applications to change the licence at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the licensed establishment, including the outdoor patio, without the consent of the City's Council. 5. To operate the patio only between the hours of 10:00 a.m. and 12:00 a.m. (midnight) every day. 6. To comply with the noise by-law and the smoking by-law. 7. To ensure that all customers of Caf~ Malibu only park their vehicles at the designated spaces at 79 Victoria Street North or any other parking facilities where the operator of Caf~ Malibu has a legal right to use; and to ensure that customers of Caf~ Malibu do not park their vehicles at any of the neighbouring parking lots or on Heit Lane. $. To provide no entertainment including music on the patio. 9. To ensure that the front door is kept closed at all times, except for the purpose of regular access by staff and customers. This condition is intended to minimize the noise level from the indoor portion of the establishment. This condition does not apply to emergency situations. 10. To ensure that its sidewalk patio operation complies with all federal, provincial and municipal laws including the Ontario Health Protection and Promotion Act and the Liquor Licence Act. 11. To ensure that at all times the patio furnishings are so situated so as not to impede the ingress and egress to the premises or obstruct the access to Fire Department siamese connections. 12. To equip the sidewalk patio with a refuse container, clearly visible to the customer. 13. To keep the patio and the area around the patio free from refuse and shall immediately pick up any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas. 14. To immediately clean up any spills originating from the operation of the patio in the patio area and in the area adjacent to the patio to prevent spills from being tracked to neighbouring areas/businesses. SPECIAL COUNCIL MINUTES MAY 12, 2003 - 161 - CITY OF KITCHENER 15. To remove any stains in the patio area and in the area adjacent to the patio. 16. To maintain the current fencing to be between 42" and 45" in height on the south and west sides of the patio and $' in height on the north side; to keep the fencing in good repair; and not to construct any chain link fencing. 17. To display an incidental sign within the patio area stating "No shirt, no shoes, no service". 15. To impose a dress code standard on its premises and extend same to the sidewalk patio operation, specifically requiring all patrons to wear shirts. The applicant shall be responsible for enforcing said requirement. 19. To provide outdoor supervision of the patio to ensure that the behavior of their patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way. 20. To ensure that the occupancy of the patio does not exceed 16. 21. Not to allow people to loiter/congregate within and around the perimeter of the patio. 22. To ensure that all beverages and food to be consumed in the patio area are served in plastic or acrylic glasses and dishes. This condition does not apply to expresso coffee being served between the hours of 10:00 a.m. and 6:00 p.m. 23. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio fence. The applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals. 24. To install the '¥Vhat do you think about my patio?" sign on the longest street side of the patio fencing immediately upon installing the fencing and executing this agreement. And further, the applicant agrees to display said sign on the street side of the patio for the term of this agreement. In the event there is a problem relating to the installation of the sign, the applicant shall immediately bring said problem to the attention of the City's Manager of Licensing so the problem can be resolved. 25. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." Carried. Mayor C. 7ehr advised of an additional item for in-camera discussion this date involving a personal matter. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That an in-camera meeting of City Council be held immediately following this special meeting to consider a personal matter and six matters subject to solicitor-client privilege." Carried. The meeting then recessed at 5:55 p.m. and re-convened at 9:35 p.m., Chaired by Mayor C. 7ehr and with all members present except Councillor B. Vrbanovic. Council considered a matter arising from the Development and Technical Services Committee meeting held this date regarding a Comprehensive Social Issues Study of the Cedar Hill Neighbourhood. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That City staff be directed to undertake or have undertaken, a comprehensive study of the neighbourhood bounded by Charles Street East to the North, the rear of those properties SPECIAL COUNCIL MINUTES MAY 12, 2003 -162 - CITY OF KITCHENER fronting the west side of Madison Avenue South, Courtland Avenue East to the south, and Benton Street to the west to include the following: · Description of the neighbourhood, including a determination of the housing mix (single family dwellings, rental properties, social housing, lodging houses, and homes operated by social service organizations). · An analysis of the impact of the various forms of housing on the neighbourhood. · Identification and characterization of any cycles or trends impacting the neighbourhood and a consideration of how these trends influence community well-being. · Analysis of the health of the neighbourhood relative to relevant models, such as the Healthy Communities Model. · Recommendations for subsequent action based on findings." Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "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 2003-088 by the Clerk." Carried. J. Willmer, Director of Planning advised that with Council adopting the recommendation of the Development and Technical Services Committee to undertake the Social Issues Study in the Cedar Hill Neighbourhood, it would be appropriate for Council to pass an Interim Control By-law. This by-law would restrict certain uses of lands, buildings or structures located generally within the Cedar Hill area for one-year allowing the Study to be completed. He further advised that the by-law would restrict new applications for a residential care facility which would include a group home, a lodging house, a multiple dwelling or a social service establishment, but would not apply to any current application which has been initiated with the City. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-law for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being an Interim Control By-law respecting the use of lands, buildings or structures located generally within the Cedar Hill area. (By-law No. 2003-89)." Carried. On motion, the meeting adjourned at 5:42 p.m. MAYOR CLERK