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HomeMy WebLinkAboutCouncil Minutes - 2004-03-01 SSPECIAL COUNCIL MINUTES MARCH 1, 2004 CITY OF KITCHENER A special meeting of City Council was held at 6:15 p.m. this date, Chaired by Mayor C. Zehr and with all members present except Councillor 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 considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding a liquor licence application for the business located at 320 King Street West. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the Alcohol and Gaming Commission of Ontario (AGCO) be advised that the Council of the Corporation of the City of Kitchener opposes the application for a liquor license for Passions Restaurant and Lounge, located at 320 King Street West, Kitchener, applied for by Natasha Thomas (herein referred to as the "Applicant"); and, That staff enter into an agreement with the applicant, should she be willing, wherein the applicant agrees to abide by the following conditions, and to request they be added to her licence if the AGCO chooses to issue the licence in spite of Council's opposition: 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 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in her applications (in other words, alcohol sales will be limited to 30% of gross refreshment sales); 4. To stop serving alcohol by 2:00 a.m. daily; 5. To voluntarily surrender the liquor license to the AGCO should the applicant cease to operate this establishment in the future; 6. To notify the Clerk of the City of Kitchener in writing of any applications to change the license at the time the application for the change is made to the AGCO, and not to expand the establishment without the consent of the City's Council; 7. To comply with the noise by-law and the smoking by-law; and, 8. These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That staff request the AGCO to attach the above mentioned conditions to the liquor licence should they issue the licence in spite of Council's opposition." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding a proposed amendment to the Offer to Purchase for Site 184 located in the Huron Business Park. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the City accept an Offer to Purchase from H. Polzl Consulting Limited in Trust for a company to be incorporated, for part of Part 2 on Reference Plan 58R-11564 being a parcel of land in Huron Business Park, Phase III, having an area of approximately 2.95 acres at the price of $80,000 per acre, for a total purchase price of $236,000, shown as Parcel "A" on Schedule A, attached to Strategic Services Department report SSD-04-007, and the Mayor and Clerk be authorized to execute any necessary documentation in this regard required by the City Solicitor; and, That the City accept an Offer to Purchase from 1581662 ONTARIO INC. for Part 7 and part of Part 2 on Reference Plan 58R-11564, being a parcel of land in Huron Business Park, Phase III, having an area of approximately 5.98 acres at the price of $80,000 per acre, for a total purchase price of $478,400, shown as Parcel "B" on Schedule A, attached to Strategic MARCH 1, 2004 SPECIAL COUNCIL MINUTES - 93 - CITY OF KITCHENER Services Department report SSD-04-007, and the Mayor and Clerk be authorized to execute any necessary documentation in this regard required by the City Solicitor; and, That Parcel "B", on Schedule A be exempt from the resolution requiring a 2.0 metre berm along the Bleams Road property and in place require a landscape buffer to the satisfaction of the City of Kitchener; and further, That the City release the agreement made with 1581662 ONTARIO INC. for Parts 2 and 7 on Reference Plan 58R-11564, being a parcel of land in Huron Business Park, Phase III, having an area of approximately 8.93 acres at the price of $80,000 per acre, for a total purchase price of $714,400, provided the above Offers of Purchase are accepted by the City." Carried. Council considered the recommendation referred from the February 23, 2004 Council meeting regarding the request from the Pesticide Working Group for a financial contribution from the City. Council was also in receipt of Corporate Services Department report CRPS-04-030 (L. MacDonald), dated March 1,2004, providing information on the legislative authority to deal with pesticides. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the City of Kitchener supports public education as a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community; and, That the City participate in cost-sharing with the other area municipalities and the Region, and approve the request of the Pesticide Use Reduction Working Group for a financial contribution in the amount of $50,640 in 2004 for a public education program; and, That a portion of Kitchener's share be an in-kind contribution of Kitchener Communications Division staff time in the amount of $15,000; and further, That Kitchener's contribution is contingent on cost-sharing by all area municipalities and approval through the 2004 budget process." Carried. Moved by Councillor J. Gazzola Seconded by Councillor J. Galloway "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 2004-041 by the Clerk." Carried. On motion, the meeting adjourned at 6:20 p.m. MAYOR CLERK