HomeMy WebLinkAboutCouncil Minutes - 2001-07-26 SSPECIAL COUNCIL MINUTES
JULY 26, 2001CITY OF KITCHENER
A special meeting of City Council was held at 3:12 p.m. this date and Chaired by Acting Mayor M.
Galloway with the following members present: Councillors J. Ziegler, J. Smola, G. Lorentz and B.
Vrbanovic. Councillor C. Weylie entered after commencement of the meeting.
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 requested to consider approval of the terms and conditions contained in a Memorandum of
Settlement with respect to the 2001-2003 Collective Agreement with the International Alliance of
Theatrical Stage Employees Local 357.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Smola
“That City Council approve the terms and conditions contained in a Memorandum of Settlement
dated June 20, 2001, in connection with the 2001-2003 Collective Agreement with the
International Alliance of Theatrical Stage Employees Local 357; and further,
That the Mayor and Clerk be authorized to execute any documentation arising therefrom.”
Carried.
Council was in receipt of Corporate Services Department report CRPS-01-125 (J. Koppeser), dated
July 9, 2001, recommending approval of a request by the Kitchener Downtown Business Association
to operate a beer garden and sell food in Civic Square for the Blues, Brews & BBQ’s Event to be held
August 18, 2001.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
“That the request of the Kitchener Downtown Business Association to operate a beer garden
and sell food during the Blues, Brews & BBQ’s Event in Civic Square on August 18, 2001 be
approved, provided the necessary licence is obtained, including Health and Fire approvals.”
Carried.
Council was in receipt of Corporate Services Department report CRPS-01-126 (J. Koppeser), dated
July 12, 2001, concerning a liquor licence application and designation of the Our Lady of Fatima
Festival to be held September 1 & 2, 2001, as a ‘Community Festival’.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
“That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of
Fatima Festival Committee for an event to be held September 1 and 2, 2001 at 1548 Fischer-
Hallman Road, Kitchener, provided a building permit is obtained for the erection of the tent;
and further,
That this event be declared a ‘Community Festival’ for the purpose of applying for a liquor
licence, since this is a traditional Portuguese celebration of their heritage that promotes unity
and understanding within our community.”
Carried.
Council was in receipt of Development and Technical Services Department report BPS-01-098 (C.
Heal/J. Koppeser/M. Schreiter), dated July 18, 2001, containing a recommendation with respect to a
liquor licence application by the K.W. Performing Arts Association at 36 King Street West, Kitchener.
SPECIAL COUNCIL MINUTES
JULY 26, 2001 - 271 -CITY OF KITCHENER
Moved by Councillor G. Lorentz
Seconded by Councillor J. Ziegler
“That Council take no action to oppose the application for a liquor licence by the K.W.
Performing Arts Association (the "Applicant") at 36 King Street West, Kitchener, based on the
Applicant agreeing to the following:
voluntarily requestadded
The Applicant agrees to the following conditions be to the liquor
licence:
1. The liquor license shall be non-transferable and shall be surrendered in the event
that the K- W Performing Arts Association ceases to be the occupant of the licensed
premises at 36 King Street West, Kitchener; and,
rd
2. All beverages for consumption on the 3 floor of the licensed premises (including the
outdoor licensed patio) shall be in plastic containers; and further,
That in the event that the AGCO, in its discretion, does not add the above conditions to the
licence, The Applicant agrees to have those conditions added to and form part of the "private
agreement conditions". Furthermore, the Applicant agrees to the following "private agreement
conditions" (which will not be part of the liquor licence) and understands that the City's non-
objection to the issuance of your licence is based on that agreement and continued
compliance:
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.Agrees to a set 25% monthly ratio of alcohol sales to gross refreshment sales
(including, food and other sundries) as set out in your application (in other words,
alcohol sales will be limited to 25% of gross refreshment sales);
d. To notify the Clerk of the City of Kitchener of any applications to change the licence,
in writing and at the time the application for the change is made to the Alcohol and
Gaming Commission and not expand the licensed establishment without the consent
of the City's Council; and
e. These conditions shall bind all successors, assigns and subsequent licence holders
(if any).”
Carried.
Council was in receipt of Corporate Services Department report CRPS-01-130 (J. Koppeser), dated
July 20, 2001, containing a recommendation respecting a request from the Tri-City Slo-Pitch League
relative to a Special Occasion Liquor Permit for the Southwest Optimists’ Sportsfield on August 25
and 26, 2001.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
“That the City of Kitchener has no objection to a Special Occasion Liquor Licence being issued
to Tri-City Slo-Pitch League to operate a beer tent at 120 Pioneer Drive, Kitchener, on August
25 and 26, 2001, providing a building permit is obtained, if required.”
Carried.
Acting Mayor M. Galloway advised of a labour relations matter and three matters subject to solicitor-
client privilege for in-camera discussion this date.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
"That an in-camera meeting of City Council be held immediately following this special meeting
to consider a labour relations matter and three matters subject to solicitor-client privilege."
Carried.
SPECIAL COUNCIL MINUTES
JULY 26, 2001 - 272 -CITY OF KITCHENER
Council was in receipt of Corporate Services Department report CRPS-01-127 (G. Sosnoski), dated
July 12, 2001. It is noted in the report that at its July 3, 2001 meeting, Council considered a staff
recommendation regarding three local improvement petitions submitted by Mr. Ivan Biuk pertaining to
Drummond Drive but subsequently deferred consideration and referred the matter to the August 13,
2001 meeting of the Public Works and Transportation Committee. The report refers to the outcome of
staff review of title documents and property ownership issues on Drummond Drive. Consequently as
a result of recalculation of the petitions, the City Clerk has withdrawn his certification as they are
insufficiently signed, and no further action is required.
Council was circulated with a copy of correspondence dated July 25, 2001 from Mr. B. Kowalchuk on
behalf of Ivan Biuk commenting on this matter. The letter advises that Mr. Biuk would undertake
deed corrections prior to requesting initiation of new petitions.
Councillor C. Weylie entered the meeting.
On motion, the meeting then recessed at 3:17 p.m. and re-convened at 9:21 p.m., Chaired by Acting
Mayor M. Galloway with all members present except Mayor C. Zehr.
The proposal of the General Environmental Group respecting 90 Woodside Avenue which was
partially the subject of a zone change application considered by the Planning and Economic
Development Committee prior to this meeting and referred to the August 27, 2001 Council meeting. It
was suggested that the date of consideration of the City’s response to the Ministry of the Environment
respecting their Certificate of Approval applications be changed from August 13, 2001 to August 27,
2001.
Moved by Councillor B. Vrbanovic
Seconded by Councillor J. Ziegler
“That the special meetings of the Planning and Economic Development Committee and City
Council scheduled for August 13, 2001 at 7:00 p.m. be cancelled and consideration of the
City’s response to the Ministry of the Environment respecting the Certificate of Approval
Application filed by the General Environmental Group pertaining to 90 Woodside Avenue be
dealt with at the regular meeting of City Council to be held August 27, 2001.”
Carried.
Council was in receipt of Community Services Department report CSD-01-112 (J. McBride/F.
Pizzuto), dated July 18, 2001, recommending approval of funding for the development of the former
Epton site for long term monthly parking.
Councillor M. Galloway advised that he was opposed to the recommendation based on the cost of the
project and suggested that other less expensive solutions could be found to develop the parking lot.
Councillor B. Vrbanovic supported the staff recommendation and suggested that the City should
adhere to site plan development requirements as is expected of any other property owner. Councillor
G. Lorentz supported Councillor Vrbanovic and remarked on the merits of the proposal.
Moved by Councillor G. Lorentz
Seconded by Councillor B. Vrbanovic
“That Council approve the necessary funding to immediately begin the development of the
former Epton site for long term monthly parking; and further,
That the cost of this development, estimated to be approximately $440,000. in total, be funded
from the approved Capital Budget, the Cash-In-Lieu of Parking Fund and the Capital
Contingency Account.”
A recorded vote was requested.
In Favour:
Councillors J. Ziegler, J. Smola, G.
Lorentz, C. Weylie and B. Vrbanovic.
Contra:
Councillor M. Galloway
Carried.
SPECIAL COUNCIL MINUTES
JULY 26, 2001 - 273 -CITY OF KITCHENER
Council considered a recommendation arising from in-camera discussion this date relative to two new
positions in the Department of Stategic Services:
Moved by Councillor B. Vrbanovic
Seconded by Councillor C. Weylie
“That staff be authorized to engage the services of the following new positions in the
Department of Strategic Services:
a)Director/Manager – Corporate Research and Planning
b)Organizational Change Coordinator.”
Carried.
Moved by Councillor J. Ziegler
Seconded by Councillor J. Smola
“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 2001-130 by the Clerk.”
Carried.
On motion, the meeting adjourned at 9:30 p.m.
................................................................………….................................................................……….
MAYOR CLERK