HomeMy WebLinkAboutCouncil - 2012-10-15 SSPECIAL COUNCIL MINUTES
OCTOBER 15, 2012 CITY OF KITCHENER
A special meeting of City Council was held at 1:06 p. m. this date, chaired by Mayor C. Zehr with all
members present except Councillor J. Gazzola.
Notice of this 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 considered a recommendation arising from the Finance and Corporate Services Committee
meeting held earlier this date concerning a liquor licence application by Caesaria Inc.
Moved by Councillor S. Davey
Seconded by Councillor B. loannidis
"That Council not oppose the application for a liquor license for Caesaria located at 320 King
Street West, applied for by Caesaria Inc. (herein referred to as the "Applicant"), subject to the
applicant entering into an agreement with the City including certain conditions of operating a
licensed establishment as follows:
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 Business Improvement Area's License and
Entertainment Committee and attend its meetings;
3. to abide by a set 40% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) in other words alcohol sales will be limited to 40% of
gross refreshment sales;
4. to stop serving alcohol by 12:01 a. m. daily;
5. that only the main floor restaurant/lounge area, comprising 2,550 square feet with an
occupant load of 180 persons and tables set for approximately 70 persons, be licensed
and that the licensed area shall exclude the back parking area, basement, kitchen and
any office space living or otherwise;
6. not to have the individual(s) owning 320 King Street West on October 15, 2012 work at
the licensed establishment, either as management or employees of the business;
7. to notify the Clerk of the City of Kitchener in writing of any application to change the
license at the time the application for the change is made to the Alcohol and Gaming
Commission of Ontario and not to expand the establishment without the consent of the
City's Council;
8. to comply with the Noise By-law and the Smoking By-law;
9. these conditions shall bind all successors, assigns and subsequent licence holders (if
any); and,
That the Mayor and Clerk be authorized to enter into an agreement with the applicant and to
request that the conditions be added to their licence if the Alcohol and Gaming Commission of
Ontario (AGCO) chooses to issue the licence; and further,
That in the event the applicant does not agree to the recommended conditions the Alcohol and
Gaming Commission (AGCO) be requested to hold a hearing with respect to the licence and
grant the City party status."
Carried.
Mayor C. Zehr advised of an additional item for in-camera discussion concerning a labour relations
matter.
SPECIAL COUNCIL MINUTES
OCTOBER 15, 2012 - 245- CITY OF KITCHENER
Moved by Councillor Y. Fernandes
Seconded by Councillor S. Davey
"That an in-camera meeting of City Council be held this date to consider a land acquisition /
disposition matter, alitigation /potential litigation matter and a labour relations matter."
Carried.
Moved by Councillor P. Singh
Seconded by Councillor B. Vrbanovic
"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 2012-141 by the Clerk."
Carried.
On motion the meeting adjourned at 1:07 p.m.
The meeting reconvened at 7:09 chaired by Mayor C. Zehr with all members present.
Mayor C. Zehr advised that a matter discussed this date in closed session concerning a litigation
issue requires Council's direction in open session. Mayor Zehr explained that the matter is in regard
to an upcoming Ontario Municipal Board hearing concerning 1180 Countrystone Drive.
Moved by Councillor D. Glenn-Graham
Seconded by Councillor F. Etherington
"That the special meeting of Council held this date reconvene."
Carried.
Moved by Councillor D. Glenn-Graham
Seconded by Councillor Y. Fernandes
"That in accordance with Chapter 25 of the City of Kitchener Municipal Code (Council
Procedure), the following item be added to the Special Council agenda this date:
• Possible mediation settlement pertaining to the Ontario Municipal Board matter regarding
1180 Countrystone Drive."
Carried with the required 2/3 majority of the members in attendance.
Moved by Councillor S. Davey
Seconded by Councillor B. loannidis
"That Council supports the confidential mediation settlement pertaining to the Ontario
Municipal Board hearing concerning 1180 Countrystone Drive."
Councillor B. Vrbanovic suggested that moving forward with a settlement in this matter may set
precedent when dealing with similar matters in future.
A recorded vote was requested.
In Favour: Mayor C. Zehr and Councillors S.
Davey, D. Glenn-Graham, Z. Janecki, J.
Gazzola, F. Etherington, Y. Fernandes and K.
Galloway
Contra: Councillors P. Singh, B. Vrbanovic
and B. loannidis
Carried.
SPECIAL COUNCIL MINUTES
OCTOBER 15, 2012 - 246- CITY OF KITCHENER
On motion the meeting adjourned at 7:13 p.m.
MAYOR CLERK