Encroachment agreement for restaurant generated discussion

A last minute encroachment agreement for a Palmerston restaurant served up more than the usual amount of discussion around the council table recently.

Mayor David Anderson brought the agreement bylaw to council explaining that the Out to Lunch restaurant had “a patio set up outside the restaurant for eating purposes.”

He said Clerk-Admini­stra­tor Marsha Paley has a copy of that agreement. “I talked with our chief building officer Terry Kuipers earlier.”

Anderson said there were some issues that required both parties to sign. That includes times of operation, and how long the patio would be open into the fall.

“If there needs to be changes, Anderson said the agreement could be amended as information comes from staff. Some councillors were curious how long the agreement was for, since, the municipality had passed similar bylaws in previous years.

Councillor Barb Burrows asked if the municipality had received a letter of intent from the restaurant owners seeking this agreement.

The answer was no.

Anderson said the agreement was being drafted to go to the owners. “They are interested,” he said.

Burrows is concerned it was the municipality initiating this.

Paley said the owners in­formed staff that they were interested in having the patio again.

“But we believe it is appropriate to have this in place.”

Burrows said she would still appreciate the municipality receiving a letter of intent.

Councillor Rick Hembly said this will mark the third year of an outdoor patio at the restaurant.

Councillor Wayne Martin asked if the owners were presented with the original agreement.

Paley said there was no original agreement and the matter had been approved through a resolution of council.

Martin said if the resolution was presented, should staff not have requested a letter of interest. “The process is confusing to me again.”

He said it seems there have been a lot of people involved in this and “perhaps the process needs to be understood better.”

Paley said the agreement was based on the template of Windsor, which has an en­croachment fee of $25, and an inspection fee of $25.

She noted the encroachment agreement would be for be­tween May and November.

Martin asked if the intent is to renew the permission annually.

Anderson said Kuipers has no issue with it being a two year agreement.