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HomeMy WebLinkAboutCouncil Minutes - 2002-10-28 SSPECIAL COUNCIL MINUTES OCTOBER 28, 2002 CITY OF KITCHENER A special meeting of City Council was held at 5:20 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. Mayor C. Zehr advised that at the regular meeting of City Council held October 21, 2002, the appointment of a Councillor to the Ad Hoc Committee on Companion Animals was referred to this meeting. Mr. G. Melanson, Assistant City Solicitor, advised that this appointment was required in order to complete the outstanding agreement with respect to the spay and neutering program. Mr. Melanson added that the Committee was very close to having this agreement completed. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Councillor B. Vrbanovic be appointed to the Ad Hoc Committee on Companion Animals." Carried. Council considered the recommendations from the Finance and Corporate Services Committee with respect to a liquor licence application and off-track betting application for the property located at 24 Charles Street West. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie That the Council of the Corporation of the City of Kitchener does not object to the issuance of a liquor licence to Gregory Assimacouplos for the business known as KWOTB, to be located at 24 Charles Street West, Kitchener, subject to the following: That the Applicant agrees to voluntarily request the conditions listed below be added to the liquor licence and failing such agreement in writing, the City of Kitchener objects to the issuance of this liquor licence application. In the event the AGCO, at its discretion, does not add the following conditions to the licence, the Applicant agrees to have these conditions added to and form part of the "private agreement conditions" and understands that the City's non-objection to the issuance of his licence is based on the private agreement and continued compliance with it. The applicant agrees to: a) Post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; b) Become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; c) Abide to a set 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in his/her application (in other words, alcohol sales will be limited to 50% of gross refreshment sales); d) 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 Alcohol and Gaming Commission, and not to expand the licensed establishment, including an addition of an outdoor patio, without the consent of the City's Council; e) Assist to ensure that all customers of KWOTB only park their vehicles at legal and designated parking spots, and not at abutting businesses' private parking lots during their operating hours; f) Only operate between 11:30 a.m. and 11:30 p.m.; g) Comply with the noise by-law; OCTOBER 28, 2002 SPECIAL COUNCIL MINUTES - 429 - CITY OF KITCHENER h) Voluntarily surrender the liquor licence to the AGCO should the applicant cease to operate as an off-track betting teletheatre or a restaurant in the future; i) Provide no entertainment at the establishment, except televisions and off-track betting; J) Not enlarge the existing front entrance, create any garage door type openings, or any other form of new openings/windows on any of the exterior walls; and k) That these conditions shall bind all successors, assigns and subsequent licence holders (if any)." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the Council of the Corporation of the City of Kitchener has no objection to the application of Elmira Raceway to operate an off-track betting teletheatre at the business known as KWOTB, operated by Gregory Assimacouplos, to be located at 24 Charles Street West, Kitchener." Carried. Mayor C. Zehr advised of two additional in-camera items involving matters subject to solicitor-client privilege. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Council meet in-camera immediately following this special meeting to consider three land acquisition matters, three personal matters, a labour relations matter and five matters subject to solicitor-client privilege." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That leave be given to the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and the same be taken as read a first, second and third times, be finally passed and numbered 2002-204 by the Clerk." Carried. On motion, the meeting adjourned at 5:25 p.m. MAYOR CLERK