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HomeMy WebLinkAboutCouncil - 2007-09-10 SSPECIAL COUNCIL MINUTES SEPTEMBER 10, 2007 CITY OF KITCHENER A special meeting of City Council was held at 5:44 p.m. this date, chaired by Mayor C. Zehr with all members present except Councillor G. Lorentz. 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 Heritage Kitchener meeting held September 4, 2007 regarding a Heritage Permit Application for 35 St. Clair Avenue. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That the request of Ms. Wendy Hennick to amend the June 25, 2007 Council resolution regarding Heritage Permit Application HPA 2006-V-014 (35 St. Clair Avenue) by striking out the condition requiring alean-to or shed roof, rather than a gable roof as shown in the plans submitted with the application, be approved." Carried. Council considered a recommendation arising from the Heritage Kitchener meeting held September 4, 2007 regarding a Heritage Permit Application for 24 Dill Street. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-007 (24 Dill Street) be approved, to permit only the demolition of the existing rear addition and the construction of the foundation for a new rear addition having a footprint in accordance with the plan dated August 31, 2007 prepared by Brian R. Harnock and submitted with the application, save for the easterly wall of the foundation being stepped back approximately 1 foot from the easterly wall of the original house rather than stepped forward one foot as shown on the plan; and further, That the exterior design details of the proposed addition including cladding and fenestration design and materials, be submitted for consideration by Heritage Kitchener at its October 2, 2007 meeting, prior to Council's consideration of the application to construct the remainder of the addition." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held earlier this date regarding a liquor licence review application for Cafe Maestro, 24 King Street East. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "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 license for Cafe Maestro located at 24 King Street East, applied for by Vanja Sikman (herein referred to as the "Applicant"); and further, That Council authorize the Mayor and Clerk to 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: 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 and 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) in other words, alcohol sales will be limited to 30% of gross refreshment sales); SPECIAL COUNCIL MINUTES SEPTEMBER 10, 2007 - 206 - CITY OF KITCHENER 4. To stop serving alcohol by 2:00 a.m. daily; 5. To notify the Clerk of the City of Kitchener in writing of any application 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; 6. To comply with the noise by-law and Regional smoking by-law; and, 7. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held earlier this date regarding an appeal of a hot dog cart location. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That in accordance with Council Policy I-930 (Refreshment Vehicles -Separation Distances - Exemption) an exemption to Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code be granted and a business licence be issued to Ms. Vlasta Kadlec for the operation of a hot dog /sausage cart at 90 Ardelt Avenue." Carried. Council considered Corporate Services Department report CRPS-07-122 (L. MacDonald), dated September 6, 2007, regarding use of the wave pool facilities for water rescue training by Fire Department personnel. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That the Mayor and Clerk be authorized to execute a Release and Waiver with Bingemans Inc. for the use by the City of Kitchener Fire Department of its wave pool facilities for the purpose of water rescue training for the 2007 through 2010 water seasons, if agreed to each season, said release to be satisfactory to the City Solicitor." Carried. Council considered Corporate Services Department report CRPS-07-123 (J. Sheryer), dated September 6, 2007, replacing Schedule `C' (Breed Standards) of Chapter 530 (Dogs). Moved by Councillor B. Vrbanovic Seconded by Councillor K .Galloway "That Chapter 530 (Dogs) of The City of Kitchener Municipal Code be amended by repealing and replacing Schedule `C' -Breed Standards." Carried. Mayor C. Zehr advised of an additional item for in-camera discussion regarding a personnel matter about an identifiable individual. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That an in-camera meeting of City Council be held this date to consider a personnel matter, two litigation /potential litigation matters which are also subject to solicitor-client privilege and a land acquisition /disposition matter. Carried. SPECIAL COUNCIL MINUTES SEPTEMBER 10, 2007 - 207 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (b) To confirm all actions and proceedings of the Council. On motion, the meeting adjourned at 5:48 p.m. tBy-law No. 2007-161) tBy-law No. 2007-162)." Carried. MAYOR CLERK