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
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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