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HomeMy WebLinkAboutCouncil - 2009-02-09 SSPECIAL COUNCIL MINUTES FEBRUARY 9, 2009 CITY OF KITCHENER A special meeting of City Council was held at 5:00 p.m. this date, chaired by Acting Mayor J. Smola with all members present except Mayor C. Zehr and Councillor J. Gazzola. Notice of this 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 Community Services Department report CSD-09-012 (P. Houston), dated February 4, 2009, regarding the Wilfrid Laurier University pool fundraising request. Mr. M. Hildebrand, Director, Community Programs & Services, advised that since January 9, 2009 when this item was first brought to the attention of Council, the City of Waterloo has approved $50,000. annually for 5 years to support the fundraising efforts of the community groups using the Wilfrid Laurier University pool. He further advised that the University's Student Union has also approved a Pool Improvement Fee of $10 per semester for a period of five years to be applied to all full-time undergraduate students. Councillor B. Vrbanovic pointed out there is only one 50m pool in the Kitchener-Waterloo area and it has been shown there is a need for one. He added that the commitments from the City of Waterloo, the University, students and the organizations that use the pool, are great examples of cooperation between stakeholders and suggested that a commitment from Kitchener will go a long way to ensure continued access to the pool. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That annual funding in the amount of $50,000 be approved to be allocated from the Capital Contingency Fund for a period of five years to be directed to the community user groups (i.e. Region of Waterloo Swim Club, KW Synchronized Swimming, KW Water Polo) in support of their fundraising efforts to maintain the pool at Wilfrid Laurier University; and, That any funding be contingent on WLU committing to going ahead with the repairs required based on total available funding from other community partners, and that the repair costs are front ended by WLU; and further, That City staff participate in a working group to begin work on a longer term solution, and that this working group may include partners from WLU, UW, City of Waterloo, Region of Waterloo, School Boards, aquatic groups and community members." A recorded voted was requested and the motion was Carried Unanimously by those in attendance. Council considered Development and Technical Services Department report DTS-09-027 (J. Willmer), dated February 5, 2009, concerning recommended applicants for appointment to the LEAF Steering Committee. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Scott Piatkowski and Karen Redman be appointed to sit on the Local Environmental Action Fund (LEAF) Steering Committee as Citizen Advisors for the period of 2009-2010." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date concerning a liquor licence application for 323 King Street East. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Marina's located at 323 King Street East, applied for by Marina and Gord Bickford (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the Applicant should they be willing, wherein the Applicant agrees to abide by the following conditions as private SPECIAL COUNCIL MINUTES FEBRUARY 9, 2009 - 3$ - CITY OF KITCHENER conditions with the City and to request the conditions be added to their 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 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); 4. to stop serving alcohol on the patio at 11:00 p.m. 7 days per week; 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 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 the Smoking By-law; 7. to ensure that its patio operation complies with all federal, provincial and municipal laws including the Ontario Health Protection and Promotion Act and the Liquor Licence Act; 8. to ensure that at all times the patio furnishings are situated in a way that does not impede the ingress and egress to the premises or obstruct the access to Fire Services connections; 9. to equip the patio with a refuse container, clearly visible to the customer; 10. to keep the patio and the area around the patio free from refuse and shall pick up immediately any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas; 11. to clean up immediately any spills originating from the operation of the patio in the patio area and in the area adjacent to the patio to prevent spills from being tracked to neighbouring areas/businesses; 12. to remove any stains in the patio area and in the area adjacent to the patio; 13. to display an incidental sign within the patio area stating "No shirt, no shoes, no service"; 14. to impose a dress code standard on the premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts; the applicant shall be responsible for enforcing said requirement; 15. to provide outdoor supervision of the patio to ensure that the behaviour of patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way; 16. not to allow people to loiter/congregate within and around the perimeter of the patio; 17. to ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses; 18. to ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio barrier; the applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals; 19. to ensure no music is permitted in the patio area; and, 20. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held this date to consider a land acquisition / disposition matter." Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "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 2009-030 by the Clerk." Carried. SPECIAL COUNCIL MINUTES FEBRUARY 9, 2009 - 39 - CITY OF KITCHENER On motion the meeting adjourned at 5:05 p.m. MAYOR CLERK