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HomeMy WebLinkAboutCouncil Minutes - 2004-04-05 SAPRIL 5, 2004 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of City Council was held at 6:01 p.m. this date, Chaired by Mayor C. Zehr and with all members present. 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 by Venezia's 'A Taste of Italy' Restaurant, 20 King Street East. Moved by Councillor B. Vrbanovic 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 takes no action to oppose the application for an outdoor liquor licence for Venezia's "A Taste of Italy", to be located at 20 King Street East, Kitchener, applied for by Elizabeth Crocco, subject to the applicant entering into of an agreement with the City of Kitchener to include certain conditions of operation for an outdoor licenced patio; and, That staff prepare an agreement to be signed by the applicant stipulating the conditions under which the licenced patio will operate; and should the applicant fail to enter into the agreement with the City of Kitchener, the Alcohol and Gaming Commission of Ontario be advised that the Council of the Corporation of the City of Kitchener objects to the issuance of this liquor licence; and further, That the Applicant voluntarily requests the following conditions be added to the liquor licence for the patio. In the event that the AGCO, in its discretion, does not add the following conditions to the licence for the patio, the Applicant agrees to have those conditions added to and form part of the conditions in the private agreement with the City of Kitchener, and understands that the City's non-objection to the issuance of the licence for the patio is based on that agreement and continued compliance with it. Conditions The Applicant agrees: To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings. To abide to a set 40% monthly ratio of alcohol sales to gross refreshment sales (including, food and other sundries) as set out in her application (in other words, alcohol sales will be limited to 40% of gross refreshment sales). 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 AGCO, and not to expand the licensed establishment, including the outdoor patio, without the consent of City Council. 5. To comply with the noise by-law and the smoking by-law. 6. To ensure that customers of Venezia's do not park their vehicles at any of the neighbouring private parking lots. Not to create any garage-door-like wide opening on either the front or the back of the property. To ensure that its patio operation complies with all federal, provincial and municipal laws including the Ontario Health Protection and Promotion Act and the Liquor Licence Act. SPECIAL COUNCIL MINUTES APRIL 5, 2004 - 130 - CITY OF KITCHENER To ensure that at all times the patio furnishings are situated in a way that does not impede the ingress and egress to the premises or obstruct the access to Fire Department connections. 10. To equip the patio with a refuse container, clearly visible to the customer. 11. To keep the patio and the area around the patio free from refuse and shall pick up immediately any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas. 12. To clean up immediately 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. 13. To remove any stains in the patio area and in the area adjacent to the patio. 14. To erect and maintain a barrier surrounding the patio, such as a chain and post structure, measuring between 42" and 48" in height; to keep the barrier in good repair; and not to construct any chain link fencing. 15. To display an incidental sign within the patio area stating "No shirt, no shoes, no service". 16. To impose a dress code standard on the premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts. The applicant shall be responsible for enforcing said requirement. 17. To provide outdoor supervision of the patio to ensure that the behavior of patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way. 18. To ensure that the occupancy of the patio does not exceed 18 persons, and subject to a building permit being applied for and approved, and encroachment agreement being entered into with the City. 19. Not to allow people to loiter/congregate within and around the perimeter of the patio. 20. To ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses. 21. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio barrier. The applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals. 22. To install the "What 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. 23. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." Carried. Council considered Corporate Services Department report CRPS-04-054 (J. Koppeser), dated March 31, 2004, recommending that a request from the K-W Parents of Multiple Births Association to hold a one-day sale at Bingeman Park on April 24, 2004, be approved. APRIL 5, 2004 SPECIAL COUNCIL MINUTES - 131 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the City of Kitchener has no objection to K-W Parents of Multiple Births, PO Box 23011, Krug Postal Outlet, Kitchener, ON N2B 3Vl, being granted permission to hold a Spring Used Children's Clothing and Equipment Sale at Bingeman Park in the City of Kitchener on April 24, 2004; and further, That the $10. nominal fee be applicable." Carried. Council considered correspondence from Mayor C. Zehr, dated March 30, 2004, recommending the appointment of an Interim Chief Administrative Officer. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That effective April 5, 2004, Rob Browning be appointed as the City's Interim Chief Administrative Officer until such time as a permanent Chief Administrative Officer commences his / her duties." Carried. Mayor C. Zehr advised of an additional item for in-camera discussion this date involving a personal matter. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That an in-camera meeting of City Council be held immediately following this special meeting to consider a land acquisition / disposition matter, a potential litigation matter and two personal matters." Carried. Moved by Councillor J. Smola 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 2004-064 by the Clerk." Carried. On motion, the meeting adjourned at 6:02 p.m. MAYOR CLERK