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HomeMy WebLinkAboutFin & Corp Svcs - 2005-01-10FINANCE & CORPORATE SERVICES COMMITTEE MINUTES January 10, 2005 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1:10 p.m. Present: Chair - Councillor B. Vrbanovic Mayor C. Zehr and Councillors C. Weylie, J. Smola, J. Gazzola and G. Lorentz Councillor M. Galloway in attendance for part of the meeting. Staff: C. Ladd, Chief Administrator Officer P. Houston, General Manager, Financial Services & City Treasurer F. Pizzuto, General Manager, Community Services G. Stewart, General Manager, Development and Technical Services G. Sosnoski, General Manager, Corporate Services & City Clerk R. Browning, Interim General Manager, Strategic Services R. Gosse, Director of Legislated Services R. Pitfield, Director Corporate Communications/Marketing K. Weiss, Manager, Business Development M. Hildebrand, Director, Aquatics and Athletics J. Sheryer, Assistant City Solicitor D. Gilchrist, Committee Administrator SSD-05-001 - LIQUOR LICENCE APPLICATION - MARCELLO'S MARCHE - 6 CHARLES STREET WEST The Committee was in receipt of Strategic Services Department report SSD-05-001, dated January 6, 2005, recommending Council not object to the Liquor Licence Application of Marcel Schneebeli for the business operating as Marcello Marche, at 6 Charles Street West, Kitchener. Staff's recommendation not to object to the liquor licence is based on the Applicant agreeing to certain conditions. It was resolved: "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 licence for Marcello's March~, located at 6 Charles Street West, Kitchener applied for by Marcel Schneebeli (herein referred to as the "Applicant"); and, That Council authorizes staff 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 they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: (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) To abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to30% of gross refreshment sales); (d) To stop serving alcohol by 1:00 a.m. daily; (e) To notify the Clerk of the City of Kitchener in writing of any applications 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; (f) To comply with the noise by-law and the smoking by-law; and, (g) That these conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, January 10, 2005 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 2 - CITY OF KITCHENER 1. SSD-05-001 - LIQUOR LICENCE APPLICATION - MARCELLO'S MARCHE - 6 CHARLES STREET WEST (CONT'D) That in the event that the Alcohol and Gaming Commission of Ontario, at its discretion, does not add the above conditions to the licence, Council authorizes staff to enter into an agreement wherein the Applicant agrees to these conditions." CRPS-05-004 - MCKEE V. THE CORPORATION OF THE CITY OF KITCHENER - FULL AND FINAL RELEASE The Committee was in receipt of Corporate Services Department report CRPS-05-004, dated January 5, 2005, recommending a full and final release in connection with McKee v. The Corporation of the City of Kitchener, which litigation has now been settled. It was resolved: "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation in the matter of McKee v. The Corporation of the City of Kitchener and Kitchener Minor Hockey, subject to the satisfaction of the City Solicitor." Councillor M. Galloway entered the meeting at this time. SSD-04-045 - REPURCHASE OF SITE 113 AND 114 IN HURON BUSINESS PARK The Committee was in receipt of Strategic Services Department report SSD-04-045, dated December 22, 2004, recommending the City undertake the necessary steps to repurchase Sites 113 and 114 in Huron Business Park. The report provides a history of events, since October 21, 1988, with respect to the owners' non-compliance with covenants to construct a 15,000 sq. ft. building on each of these sites, and the number of extensions approved by Council to allow the owners further time to construct these buildings. Mr. Paul Harper, Leenan Properties Management Limited, was in attendance in opposition to the staff recommendation. He advised he had taken over leadership of this company two years ago, as a result of his father's-in-law sudden illness and death. He advised the company initially purchased six lots in the Huron Business Park, has built on four, sold one, and they still own this last parcel. He only became aware, one year ago, of the City's position on this matter. The company has tried to find a tenant or someone for whom to construct a building. Recently they tried to market the property through a real estate agent, and received a proposal which subsequently fell through. Mr. Harper asked the Committee for a further extension, until April 2005, to either sell or build on the land. Mayor Zehr questioned whether Mr. Harper would have a tenant for this property if he builds on the lot. Mr. Harper advised he would prefer to build on the lot rather than give it back. He stated his father-in-law was intending to build on this site, which can be evidenced by the fact that the company paid for architectural drawings. What they are asking for is an opportunity to build or sell the property for a fair price. Councillor Lorentz provided some background on the purpose of the City developing the Huron Business Park. It was noted that public monies were spent on developing this Business Park, and given this property has remained vacant all these years, Kitchener tax payers have not received a return on their investment in the form of increase taxes on a developed lot. When questioned by the Committee, Ms. Weiss advised that in 2002 staff prepared an inventory of lands in the Huron Business Park. As a result, Leenan Properties was contacted and the City sent them several clients who may want to purchase the property. At the time, Leenan advised they wanted to build on the property and lease it. Recently M & M Meats again showed an interest in this property; however, the owners are asking $165,000, which is over priced. Ms. Weiss advised that $110,000 per acre is the current market price for industrial land in Kitchener and Waterloo. Mayor Zehr advised of his inclination to defer consideration of the staff recommendation to next Monday night's Council meeting. Such a deferral would allow Leenan one week to conclude an offer to purchase with M & M Meats, or any one else. If there is no offer to January 10, 2005 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 3 - CITY OF KITCHENER SSD-04-045 - REPURCHASE OF SITE 113 AND 114 IN HURON BUSINESS PARK (CONT'D) purchase in hand at that time, Council can consider the staff recommendation. Several Committee members spoke against the Mayor's suggestion to defer, stating the property owner has had plenty of time to deal with this matter, and tax payers should recover some of their investments. Mayor Zehr then moved the recommendation in the staff report. Councillor Galloway suggested any recommendation from this Committee meeting be considered at the special Council meeting this date. On motion by Mayor C. Zehr it was resolved: "That the necessary steps to repurchase site 113 (1.01 acres) and site 114 (1.11 acres) on McBrine Place in the Huron Business Park from Menya Investments Limited, Harwin Developments Limited and Leenan Properties Management Limited be taken, at 100% of the original purchase price for the total sum of $148,400, on a without prejudice basis, and if not effected by April 1,2005, City staff are authorized to initiate legal action to secure the re-conveyance of said sites at 80% of the purchase price for the total sum of $118,720 in accordance with the covenants outlined in the original Agreement of Purchase and Sale dated October 18, 1988; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." On motion by Councillor M. Galloway it was resolved: "That consideration of the Finance and Corporate Services Committee recommendation with respect to the City repurchasing Sites 113 and 114 in the Huron Business Park, be considered at the special Council meeting this date." 4. CANADA'S TECHNOLOGY TRIANGLE - 2005 FUNDING REQUEST Mr. John Tennant, Chief Executive Officer, and Mr. Jamie Martin, Chair, Canada's Technology Triangle Inc., (CTT) appeared before the Committee this date, to request 2005 funding in the amount of $134,000, being the same as awarded by the City of Kitchener in 2003 and 2004. Mr. Tennant provided an overview of the purpose, functioning, and finances of Canada's Technology Triangle. Mayor Zehr requested that CTT provide the Committee this semi-annual updates, and they were requested to attend the Finance and Corporate Services Committee meeting of June 27, 2005 for this purpose. Councillor Gazzola questioned whether CTT receives funding from the Townships, and was advised they receive funding from the Region who represents the Townships, and whose share has grown. Councillor Gazzola then questioned the KPMG Competitive Study previously referred to by Mr. Tennant, who responded there have been five additions of this study. The study deals with the relative competitiveness of 121 cities in 14 countries. This study allows us to say that Canadian locations are less costly than any locations in the United States. Councillor Vrbanovic questioned how CTT handles inquiries, and specifically whether information technology companies are directed toward Waterloo. Mr. Tennant responded that CTT is a transparent organization, and is fully aware that it is a regional organization. Councillor Vrbanovic then questioned the 2005 Business Plan, and whether China is an area worth pursuing. Mr. Tennant responded that China is a little further away in terms of intensive activity; although, there are a few opportunities being pursued. January 10, 2005 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 4 - CITY OF KITCHENER 4. CANADA'S TECHNOLOGY TRIANGLE - 2005 FUNDING REQUEST (CONT'D) It was generally agreed consideration of the 2005 funding request from Canada's Technology Triangle be deferred and referred to the special Finance and Corporate Services Committee meeting scheduled for January 31,2005. Councillor Gazzola raised concerns with respect to the lack of financial information being provided when a funding request is made. Mr. Tennant was requested to provide detailed financial statements and a budget, to Council, prior to the January 31,2005 Budget meeting. 5. COMMUNITECH - 2005 FUNDING REQUEST Mr. lain Klugman, President, Communitech Technology Association, appeared in support of the association's request for funding from the City in 2005, in the amount of $35,000. It is noted in Mr. Klugman's correspondence of November 8, 2004, the City provided funding of $35,000 in 2004, which included the City's annual membership fee. Mr. Klugman provided an overview of Communitech's history, functioning, their approach to achieving their goals, and their finances. Mayor Zehr questioned the initial response with regard to funding, being received from Communitech by other municipalities. Mr. Klugman advised Cambridge is noticeably absent, and he, with the support of members of industry, will be making a presentation to the City of Cambridge on January 27, 2005. Councillor Gazzola questioned the difference in the work done by the Business Enterprise Centre and that of Communitech. Mr. Klugman advised Communitech handles High Tech companies only. Communitech helps these start-up companies identify financing opportunities and provides coaching by people experienced in the High Tech Sector. Councillor Gazzola questioned the comment made earlier that there are 800 to 1,000 vacant positions in the High Tech Sector. Mr. Klugman responded these positions are for software developers and engineers. They tend to be very specific, highly technical jobs. Communitech can provide prospects with an understanding of this area, and an aggregate of the positions available. Upon questioning Mr. Klugman advised they achieve approximately $700,000 in funding from the Private Sector, and they have realigned their membership fee structure so all rates are the same. It was noted by Councillor Galloway that Mr. Klugman's letter requests funding of $35,000 from the City of Kitchener, and Mr. Klugman clarified they are requesting $30,000 in funding from the City of Kitchener in 2005. It was generally agreed consideration of the 2005 funding request from Communitech be deferred and referred to the special Finance and Corporate Services Committee meeting scheduled for January 31,2005. SSD-05-002 - JOINT MEDICAL RESOURCES PLANNING COMMITTEE - FUNDING REQUEST FOR PHYSICIAN SPECIALIST RECRUITMENT PROGRAM The Committee was in receipt of Strategic Services Department report SSD-05-002, with respect to a request received from the Joint Medical Resources Planning Committee of the Grand River General Hospital and St. Mary's General Hospital for financial support of $20,675 toward the cost of hiring a Business Manager/Coordinator for their Physician Specialist Recruitment Program. Mr. G. Mathers was in attendance to represent this request. Mr. Mathers advised they are seeking approval of the requested grant on an annual basis. Of the total cost of hiring a Business Manager/Coordinator, 25% of the cost is being requested from each of: City of Kitchener, City of Waterloo, Grand River General Hospital and St. Mary's General Hospital. Further, he advised that Kitchener-Waterloo is the largest under serviced municipal area in Ontario. January 10, 2005 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 5 - CITY OF KITCHENER 6. SSD-05-002 - JOINT MEDICAL RESOURCES PLANNING COMMITTEE - FUNDING REQUEST FOR PHYSICIAN SPECIALIST RECRUITMENT PROGRAM (CONT'D) Mr. Mathers also advised that anesthetists are in greatest demand; currently 110 hours of surgery are cancelled each month because of the shortage of this specialty. When questioned by the Committee, Mr. Mathers advised there are two separate Committees, one recruiting family doctors and the other recruiting specialists. The request before the Committee today is with respect to recruitment of specialists, which is currently undertaken by volunteers; however, the work involved can no longer accommodated by volunteers alone. He advised the search for family physicians is being paid for by the Province but they are not financing the search for specialists. Mr. Mathers then explained the differences in recruiting specialists as compared to family doctors, and advised that the Manager/Coordinator being proposed would be involved with the recruitment of specialist only. The Committee recommended Mr. Mather's approach the Region for some financial support as soon as possible. It was also strongly recommended by the Committee that the recruitment of both family physicians and specialist be combined so as not to duplicate efforts. It was suggested that Mr. Mathers work with Mayor Zehr and Ms. Ladd in this regard. On motion by Councillor G. Lorentz- it was resolved: "That the request of the Joint Medical Resources Planning Committee of the Grand River General Hospital and St. Mary's General Hospital for financial support of $20,675 toward the cost of hiring a business manager/coordinator for their Physician Specialist Recruitment Program, be deferred and referred to the special Finance and Corporate Services Committee meeting to be held on January 31, 2005." 7. CRPS-05-001 - REQUEST TO RELOCATE CLASS D ADULT ENTERTAINMENT PARLOUR The Committee was in receipt of Corporate Services Department report CRPS-05-001, dated December 21, 2004, seeking the Committee's direction with respect to a request received from Mr. R. Zivkovic, to relocate his adult entertainment parlour, as his lease for his current premises has expired. It was noted that Mr. Zivkovic was in attendance to represent his request, but had to leave the meeting. Mr. R. Gosse explained that should the Committee be supportive of this change in location, a public process is required, including advertising and a public meeting being held, before a final decision can be made. On motion by Councillor J. Smola- it was resolved: "That staff initiate the required public process to allow City Council to consider the relocation of a class D adult entertainment parlour from 8-808 Courtland Avenue East to 37 Bruce Street, Kitchener." CRPS-05-002 - DOON HERITAGE CROSSROADS - REQUEST FOR REDUCED LICENCE FEE - "SEEDY SATURDAY" EVENT The Committee was in receipt of Corporate Services Department report CRPS-05-002, dated December 29, 2004, seeking the Committee's direction with respect to a request received from Wendy Connell, Doon Heritage Crossroads for a reduced licence fee for their "Seedy Saturday" event to take place on Saturday February 19, 2005. January 10, 2005 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 6 - CITY OF KITCHENER CRPS-05-002 - DOON HERITAGE CROSSROADS - REQUEST FOR REDUCED LICENCE FEE - "SEEDY SATURDAY" EVENT (CONT'D) On motion by Councillor C. Weylie - it was resolved: "That Doon Heritage Crossroads pay a reduced licence fee of $36.00 for the 'Seedy Saturday' event to take place on February 19, 2005, to allow the sale of heritage varieties of seeds by 5 to 6 vendors." CRPS-05-003 - APPEAL OF MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) - REQUEST TO LOCATE A HOT DOG CART AT 1400 OTTAWA STREET SOUTH 10. The Committee was in receipt of Corporate Services Department report CRPS-05-003, dated December 29, 2004, advising of the request of A. J. Hepburn for a licence to operate a hot dog cart at 1400 Ottawa Street South. It is noted in the report the operation of a hot dog cart at this location does not meet the requirements of By-law 2004-058 which requires a 200m separation between a Refreshment Vehicle and a Place of Refreshment and a 400m separation between two Refreshment Vehicles. It also notes that on December 15, 2003, Council granted a 2003 and a 2004 licence for the operation of a hot dog cart at this location. On motion by Councillor G. Lorentz- it was resolved: "That the request of A.J. Hepburn for a licence to operate a hot dog cart at 1400 Ottawa Street South (Canadian Tire), contrary to By-law 2004-058, be granted." FIN-05-001 - K-W COUNSELLING - CAPITAL GRANT REQUEST - CONTRIBUTION FOR CONSTRUCTION OF A NEW FACILITY The Committee was in receipt of Financial Services Department report FIN-05-001, dated January 5, 2005, with respect to a request received from K-W Counselling Services Inc., for a capital grant of $100,000 from the City to assist with the cost of constructing a new facility. Ms. H. D'Ailly and Mr. B. Porlier were in attendance to represent the request of K-W Counselling Services. They advised the cost of land and buildings will be $3.3M, of which $2.2M has been pledged. It was noted that a portion of the funding from the Lyle Hallman Foundation is dependent on receiving matching funds. Councillor Lorentz questioned whether their clientele comes from Kitchener, Waterloo and Cambridge. Mr. Porlier responded Cambridge has their own counselling service. Further, they have requested a $50,000 grant from the City of Waterloo. Councillor Lorentz suggested this organization approach the City of Cambridge for a grant. When questioned as to the difference in cost between this proposal and the Catholic Family Counselling Services' new development, Mr. Porlier advised their costs are twice as much, partly because the cost of the land on King Street. However, this location is remarkably good for their services. He advised that K-W Counselling Services is in the community for the long term, and is trying to be responsive to the changing needs of the community. With respect to Provincial funding, Mr. Porlier advised they receive funding only for the work they do for the Province. Councillor Lorentz suggested they apply to the Province for funding and Mr. Porlier advised they are currently in touch with five ministries for funding. Further, he advised they are applying for corporate and philanthropic funding. Councillor J. Gazzola requested that more information be provided on their current financial position. Mr. Porlier explained they have been guaranteed $1.7M from the Lyle Hallman Foundation, and an additional $500,000 if they are able to raise $1M from other sources. K-W Counselling is moving forward with grant requests to the City of Waterloo and the Region of Waterloo. They would appreciate any amount of grant from the City of Kitchener; however, if it is less than $100,000, they will have to raise money elsewhere, and will not be able to get January 10, 2005 10. FIN-05-001 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 7 - CITY OF KITCHENER - K-W COUNSELLING - CAPITAL GRANT REQUEST - CONTRIBUTION FOR CONSTRUCTION OF A NEW FACILITY (CONT'D) 11. 12. the full grant from the Hallman Foundation. Mr. Porlier advised they intend to open the new facility by March 30, 2005. A discussion then took place concerning the type of information that groups should provide when seeking funding from the City of Kitchener. Ms. Houston was directed to prepare a policy and guidelines for these types of submissions. On motion by Councillor C. Weylie - it was resolved: "That consideration of the request of K-W Counselling Services Inc. for a grant of $100,000 from the City of Kitchener be deferred and referred to the special Finance and Corporate Services Committee meeting of January 31, 2005~ and, That staff provide scenarios showing the requested grant being paid over 1 year and over 2 years; and further, That staff advise whether $50,000 of the request could be accommodated as an over- expenditure of the 2004 budget." CONSOLIDATED MAINTENANCE FACILITY The Chair advised that if members of the Committee have further questions on this matter, or wished further discussion on the proposal for a Consolidated Maintenance Facility, they notify him as soon as possible. If further discussion is required on this matter, it will be scheduled to take place at the Finance and Corporate Services Committee meeting on January 24, 2005, or if it needs to be discussed sooner, this matter will be discussed at the special Finance and Corporate Services Committee meeting of January 17, 2005, following consideration of the 2005 Operating Budget. SSD-05-003 - BUSINESS ENTERPRISE CENTRE 2005 FUNDING REQUEST The Committee was in receipt of Strategic Services Department report SSD-05-0003, dated January 5, 2003, requesting a $50,000 contribution to the baseline funding for the Business Enterprise Centre in 2005. Ms. K. Weiss and Mr. P. Eichinger, appeared before the Committee to request baseline funding of $50,000 in 2005, from the City of Kitchener, for the Business Enterprise Centre. Ms. Weiss advised it is essential to have all staff and office facilities for the Business Enterprise Centre financed from stable funding sources. Ms. Weiss also advised that by the end of 2006 the Business Enterprise Centre will be able to eliminate its accumulated deficit. Upon questioning, Ms. Weiss advised the debt for 2004 is $30,000, and the total deficit is $111,000. When questioned about instituting user fees, Mr. Eichinger advised user fees have been considered; however, the clientele are just starting new businesses. Clients do pay for Lunch and Learn, and can purchase an annual membership for $75. Councillor Gazzola questioned whether the Business Enterprise Centre receives funding from the Townships, and Mr. Eichinger advised they do get funding from the Region, and they want to have the necessary resources in place before they approach the Townships for funding. On motion by Councillor J. Smola- it was resolved: "That consideration of the following recommendation, as contained in Strategic Services Department report SSD-05-003, be deferred and referred to the special Finance and Corporate Services Committee meeting scheduled for January 31, 2005: January 10, 2005 12. SSD-05-003 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 8 - CITY OF KITCHENER - BUSINESS ENTERPRISE CENTRE 2005 FUNDING REQUEST(CONT'D) 13. 14. 'That Council supports the request for $50,000 as contribution to the baseline funding for the Business Enterprise Centre in 2005; and further, That the Mayor and Clerk be hereby authorized to execute an other necessary documentation.' The Committee requested financial statements from the Business Enterprise Centre by January 24, 2005. CSD-05-005 - 2005 AQUATIC FEE INCREASES FOR SENIORS The Committee was in receipt of Community Services Department report CSD-05-005, dated January 5, 2005, with respect to the discussion which took place at the December 13, 2004 special Finance and Corporate Services Committee meeting, concerning the 2% fee increase for seniors' swim passes. Staff request clarification as to whether the 2% increase applies to seniors' swim passes only, or to all seniors' aquatic programs. Mr. Hildebrand was in attendance to seek the Committees clarification in this regard. Councillor Gazzola questioned why staff would consider a 10% increase in these fees. Mr. Hildebrand responded there were inconstancies in these fees in 2004, and the City was not recovering its costs. Staff would now like to pursue a pay as you play philosophy. Staff have discussed the need to increase senior swim fees with the seniors, and have reached an agreement with them for a 10% increase in these fees, each year for the next three years. Councillor Galloway stated he put forward the motion at the December 13, 2004 special Finance and Corporate Services Committee meeting, to increase senior's swim fees by 2%, and he intended the 2% increase to apply to all seniors fees under aquatics. To further clarify his intention, Councillor Galloway moved a motion to adopt scenario No. 3 under "Financial Implications" in the staff report. Councillor Smola pointed out the seniors have agreed to a 10% increase in their swim fees for each of the next three years. Mr. Hildebrand noted a 10% increase in 2005 equates to an increase of eight cents per swim. A few Committee members spoke in opposition to Councillor Galloway's motion, which was voted on and lost. CRPS-04-230 - REQUEST FOR ENCROACHMENT AGREEMENT - REAR OF 115 STIRLING AVENUE SOUTH The Committee was in receipt of Corporate Services Department report CRPS-04-230, dated November 30, 2004, respecting a request received from the owners of 115 Stirling Avenue South for an encroachment agreement for approximately 484 sq. ft. of City property which they occupy, being a portion of the Iron Horse Trail. The report advises this matter has come to the City's attention as the result of a complaint received from an area resident. It is also noted there are other similar encroachments in this area. When questioned by the Committee with respect to precedence in this regard, Ms. Sheryer advised staff would normally recommend an Encroachment Agreement for situations such as this; however, a member of Council has shown some concern with this matter. Councillor Lorentz recommended consideration of this matter be deferred to next Monday's Council meeting, and prior to the meeting staff provide a plan of the subject property, and of the surrounding area, and precedence respecting encroachments of this nature. On motion by Councillor G. Lorentz- it was resolved: "That consideration of the following recommendations contained in Corporate Services Department report CRPS-04-230 be deferred and referred to the Council meetin.q of January 17, 2005, pending receipt of information from Legal Services on precedents for these types of encroachments, a plan of the subject property showing the encroachment, and a map of the area: January 10, 2005 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 9 - CITY OF KITCHENER 14. CRPS-04-230 - REQUEST FOR ENCROACHMENT AGREEMENT - REAR OF 115 STIRLING AVENUE SOUTH (CONT'D) 'That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Lot 165, Plan 303, municipally known as 115 Stirling Ave. S., to legalize the existing encroachment of a fenced yard which encroaches approximately 484 square feet (11' by 40') onto City property (Iron Horse Trail), more or less. ' OR 'That the property owner of Lot 165, Plan 303, municipally known as 115 Stirling Ave. S. be requested to remove the existing encroachment of a fenced yard which encroaches approximately 484 square feet (11' by 40') onto City property (Iron Horse Trail), more or less.' 15. ADJOURNMENT On motion, the meeting adjourned at 4:35 p.m. Dianne Gilchrist Committee Administrator