HomeMy WebLinkAboutCouncil - 2005-01-10 SSPECIAL COUNCIL MINUTES
JANUARY 10, 2005
CITY OF KITCHENER
A special meeting of City Council was held at 6:19 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 for Marcello's March~, 6 Charles Street
West, Kitchener.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
"That subject to the Applicant entering into an agreement with the City including certain
conditions of operating a licensed establishment as set out below, that Council take no action
to oppose the application for a liquor licence for Marcello's March~, located at 6 Charles Street
West, Kitchener applied for by Marcel Schneebeli (herein referred to as the "Applicant"); and,
That Council authorizes staff to enter into an agreement with the Applicant should he be
willing, wherein the Applicant agrees to abide by the following conditions and to request they
be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the
licence:
(a)
To post in a conspicuous place and abide by the Downtown Licensed Establishments
Code of Conduct;
(b)
To become a member of the Kitchener Downtown Business Association's License &
Entertainment Committee and attend its meetings;
(c)
To abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales
(including food and other sundries) as set out in the application (in other words, alcohol
sales will be limited to30% of gross refreshment sales);
(d) To stop serving alcohol by 1:00 a.m. daily;
(e)
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 Alcohol and Gaming
Commission, and not to expand the establishment without the consent of the City's
Council;
(f) To comply with the noise by-law and the smoking by-law; and,
(g)
That these conditions shall bind all successors, assigns and subsequent licence holders
(if any); and further,
That in the event that the Alcohol and Gaming Commission of Ontario, at its discretion, does
not add the above conditions to the licence, Council authorizes staff to enter into an agreement
wherein the Applicant agrees to these conditions."
Carried.
Council considered a recommendation arising from the Finance and Corporate Services Committee
meeting held this date regarding a litigation matter between M. McKee and the City of Kitchener.
Moved by Councillor J. Smola
Seconded by Councillor C. Weylie
"That the Mayor and Clerk be authorized to execute a Full and Final Release and any other
required documentation in the matter of McKee v. The Corporation of the City of Kitchener and
Kitchener Minor Hockey, subject to the satisfaction of the City Solicitor."
Carried.
SPECIAL COUNCIL MINUTES
JANUARY 10, 2005
-2-
CITY OF KITCHENER
Mayor C. Zehr advised of an additional item arising from the Finance and Corporate Services
Committee meeting held this date which was not listed on the special Council agenda.
Moved by Councillor M. Galloway
Seconded by Councillor J. Gazzola
"That pursuant to Chapter 25 of the Municipal Code (Council Procedure), the following matter
be added to the agenda of the special meeting of Council on January 10, 2005: consideration
of a recommendation arising from the Finance and Corporate Services Committee meeting of
this date regarding the City's re-purchase of Sites 113 and 114 in the Huron Business Park."
Carried Unanimously.
Council then considered a recommendation arising from the Finance and Corporate Services
Committee meeting held this date with respect to Strategic Services Department report SSD-04-045
dated December 22, 2004 regarding the re-purchase of Sites 113 and 114 in the Huron Business
Park.
Moved by Councillor B. Vrbanovic
Seconded by Councillor M. Galloway
"That the necessary steps to repurchase site 113 (1.01 acres) and site 114 (1.11 acres) on
McBrine Place in the Huron Business Park from Menya Investments Limited, Harwin
Developments Limited and Leenan Properties Management Limited be taken, at 100% of the
original purchase price for the total sum of $148,400, on a without prejudice basis, and if not
effected by April 1, 2005, City staff are authorized to initiate legal action to secure the re-
conveyance of said sites at 80% of the purchase price for the total sum of $118,720 in
accordance with the covenants outlined in the original Agreement of Purchase and Sale dated
October 18, 1988; and further,
That the Mayor and Clerk be authorized to execute any necessary documentation required by
the City Solicitor."
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor M. Galloway
"That an in-camera meeting of City Council be held immediately following this special meeting
to consider two personal matters and three matters subject to solicitor-client privilege."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. 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 2005-1 by the Clerk."
Carried.
On motion, the meeting adjourned at 6:21 p.m.
MAYOR CLERK