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HomeMy WebLinkAboutCouncil - 2008-03-31 SSPECIAL COUNCIL MINUTES MARCH 31, 200$ CITY OF KITCHENER A special meeting of City Council was held at 4:43 p.m. this date, chaired by Mayor C. Zehr 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. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That notwithstanding Council's resolution of October 22, 2007 approving the 2008 Council and Standing Committee meeting schedule, the following revisions be made to the meeting dates as outlined below: Meeting Date Original Schedule Revised Scheduled April 28, 2008 Council Meeting Meeting Cancelled May 5, 2008 Committee Meetings Rescheduled to Council Meeting May 12, 2008 Council Meeting Rescheduled to Committee Meetings May 20, 2008 Committee Meetings Rescheduled to Council Meeting May 26, 2008 No Meetings Rescheduled to Committee Meetings; and further, That staff take appropriate steps to notify the public of the revised meeting schedule." Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That an in-camera meeting of City Council be held this date to consider two matters subject to solicitor-client privilege and one matter subject to potential litigation /solicitor-client privilege." Carried. The meeting then recessed and re-convened at 5:02 p.m., chaired by Mayor C. Zehr with all members present. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding a liquor licence application for Lucky's Wings, 320 King Street West. Mr. Justin Novak, owner and applicant, was in attendance. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola the recommendation of the Finance and Corporate Services Committee was brought forward for consideration, wherein; Council opposes the liquor licence application for Lucky's Wings, 320 King Street West, unless the applicant enters into the standard agreement for downtown licensed establishments with the additional conditions that for the first year of business, the restaurant stops serving alcohol and closes by 12 p.m. and, that only the main floor comprised of approximately 2500 square feet be licensed. Councillor J. Smola advised that he has received information that one of the owners of the building where this restaurant will be located, was an owner of the now closed Passions bar. Councillor Smola reminded Council that the City and Police had many problems with Passions bar when it operated and he wanted to ensure that the building owner will not be involved in the business currently being discussed. Mr. J. Novak advised that his relationship with the owners of the building is strictly atenant / landlord relationship. Councillor Smola asked the applicant if he would object to an additional condition that the building owners cannot work as managers and / or employees of Lucky's Wings. Mr. Novak stated he would not object to that condition. Councillor Smola suggested that the condition being recommended regarding the closing of business and no alcohol service after 12 p.m. should be amended and clarified so that it reads no alcohol service after 12:01 a.m. and the business to close by 1 a.m. daily. In answer to the question if he is in agreement with the recommendation, Mr. Novak stated he could agree with all the conditions including the new condition regarding the building owners except he could not agree with closing the business at 1 SPECIAL COUNCIL MINUTES MARCH 31, 200$ - 79 - CITY OF KITCHENER a.m. nor no alcohol service after 12:01 a.m. Mr. Novak pointed out that no other similar business on King Street has that condition imposed on them. On motion by Councillor J. Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend the main motion by changing the condition that the business stop serving alcohol and close by 12 p.m. to read that the business stop serving alcohol by 12:01 a.m. and close by 1 a.m. daily and, to add the condition that the owners of the building at 320 King Street West cannot work at the business. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Kitchener Council opposes the application for a liquor license for Lucky's Wings restaurant located at 320 King Street West, applied for by Justin Novak (herein referred to as the "Applicant"), unless the applicant agrees to enter into an agreement with the City including certain conditions of operating a licensed establishment as set out below; and further, That the Mayor and Clerk be authorized 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 that they be added to his licence if the Alcohol and Gaming Commission of Ontario (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); 4. for the first year of operation, stop serving alcohol by 12:01 a.m. and close the business by 1 a.m. daily; 5. to provide that only the main floor restaurant/lounge area, comprising 2,550 square feet with an occupant load of 180 persons and tables set for approximately 70 persons, be licensed; 6. 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 of Ontario and not to expand the establishment without the consent of the City's Council; 7. to comply with the Noise By-law and the Smoking By-law; 8. not to have the owners of the property work, either as management or employees of the business; and, 9. these conditions shall bind all successors, assigns and subsequent licence holders (if any). Moved by Councillor C. Weylie Seconded by Councillor K. Galloway Carried Unanimously. "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 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-63) (b) To confirm all actions and proceedings of the Council. tBy-law No. 2008-64):' Carried. SPECIAL COUNCIL MINUTES MARCH 31, 200$ - $0 - CITY OF KITCHENER On motion, the meeting adjourned at 5:10 p.m. MAYOR CLERK