CITY COUNCIL MEETING NO. 21-2005 · City Council Meeting No. 21 Minutes August 2, 2005 Page 3 (a) Moved by Councillor Stoparczyk Seconded by Mayor Rosen THAT the condolences of Kingston

CITY COUNCIL MEETING NO. 21-2005 The Regular Meeting of City Council was held on Tuesday, August 2, 2005 at 6:00 pm in the Council Chamber, City Hall. His Worship Mayor Harvey Rosen presided. There was an "In-Camera" meeting of the Committee of the Whole from 5:00 pm to 6:00 pm in the Councillors� Lounge. (Council Chambers) ROLL CALL Present: Mayor Rosen, Councillor Beavis, Councillor Downes, Councillor Garrison, Councillor B. George, Councillor K.

George, Councillor Meers (arrived 5:09), Councillor Pater (arrived 5:05), Councillor Patterson (arrived 5:05), Councillor Smith (arrived 5:05), Councillor Stoparczyk, Councillor Sutherland (12)

Absent: Deputy Mayor Foster (1) (Councillor’s Lounge) Administrative Staff Present: Mr. G. Laubenstein, Chief Administrative Officer Ms. R. Bell, Director of Nursing Ms. J. Brick, Operations Administrator Ms. D. Davison, Labour Relations Officer Mrs. C. Downs, City Clerk Mr. M. Fluhrer, Manager of Policy and Support Services, Community Services Mr. D. Leger, Commissioner of Corporate Services Mr. H. Linscott, Director of Legal Services Mr. L. Thurston, Commissioner of Community Services

* * * * * * * * * * * * COMMITTEE OF THE WHOLE “IN CAMERA” (1) Moved by Councillor Beavis

Seconded by Councillor Downes THAT Council resolve itself into the Committee of the Whole �In Camera� to consider the following items: (a) Contract Negotiations

CARRIED

* * * * * * * * * * * * (Council Chambers) Administrative Staff Present: Mr. G. Laubenstein, Chief Administrative Officer Mr. J. Dacosta, Business Analyst, Strategic Initiatives and Corporate Communications Mrs. C. Downs, Manager, Council Support/City Clerk Mr. M. Fluhrer, Manager, Policy & Support Services, Community Services Mr. D. Gedge, Director, Large Venue Entertainment Centre Project Mr. J. Keech, President & CEO, Utilities Kingston Mr. D. Leger, Commissioner, Corporate Services Mr. H. Linscott, Director, Legal Services Mr. P. MacLatchy, Manager � Environment Mr. L. Thurston, Commissioner, Community Services

* * * * * * * * * * * * REPORT OF THE COMMITTEE OF THE WHOLE “IN CAMERA”

City Council Meeting No. 21 Minutes

August 2, 2005

Page 2

(2) Moved by Councillor Pater Seconded by Councillor Smith THAT Council rise from the Committee of the Whole �In Camera� and that the rules of by-law 98-1 be waived and the Chair report the �In Camera� recommendation.

CARRIED (A 2/3 Vote of Council was Received)

Mayor Rosen reported the following recommendation of the Committee of the Whole �In Camera�;

Moved by Councillor Stoparczyk Seconded by Councillor Patterson

THAT Council ratifies the Collective Agreement between the Canadian Union of Public Employees and its Local 109 and the City of Kingston for the period January 1, 2005 to December 31, 2007.

(3) Moved by Councillor Beavis Seconded by Councillor Patterson THAT the recommendation of the Committee of the Whole �In Camera� be received and adopted.

CARRIED

* * * * * * * * * * * * DISCLOSURE OF PECUNIARY INTEREST

* * * * * * * * * * * * PRESENTATIONS

* * * * * * * * * * * * DELEGATIONS

* * * * * * * * * * * * PETITIONS

* * * * * * * * * * * * MOTIONS OF CONGRATULATIONS/CONDOLENCES/SPEEDY RECOVERY (1) Motions of Condolence


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(a) Moved by Councillor Stoparczyk Seconded by Mayor Rosen

THAT the condolences of Kingston City Council be extended to Bill and Linda Closs and their family on the passing of their son, Steven William Daniel Closs, who passed away on July 29, 2005.

(b) Moved by Mayor Rosen Seconded by Councillor B. George

THAT the condolences of Kingston City Council be extended to the Baker family on the passing of Judge Phil Baker, who passed away on July 30, 2005.

* * * * * * * * * * * *

REPORTS Report No. 93 the Chief Administrative Officer (Consent) Moved by Councillor Garrison Seconded by Councillor Meers THAT Report No. 93 of the Chief Administrative Officer (Consent) be received and adopted. To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows: All items listed on the Consent Report shall be the subject of one motion. Any member may ask for any item(s) included in the Consent Report to be separated from that motion, whereupon the consent report without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter. THAT Council consent to the approval of the following routine items: (a) WHEREAS tender DCS-CS-2005-48 �Shoreline Rehabilitation- Confederation Basin� closed on July 20, 2005 and

received two bids; AND WHEREAS the lowest bidder was Holsgrove Trucking and Excavating Ltd.;

THEREFORE BE IT RESOLVED THAT Council accepts Holsgrove Trucking and Excavating Ltd. as the successful bidder, being the lower of two bidders, at a total cost of $146,263.65 (taxes included) and that the Mayor and City Clerk be authorized to sign a contract with Holsgrove Trucking and Excavating Ltd. subject to the satisfaction of Legal Services.

(File No. CSU-F18-000-2005) CARRIED

* * * * * * * * * * * *

REPORTS Report No. 94 of the Chief Administrative Officer (Recommend) Moved by Councillor B. George


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Seconded by Councillor K. George THAT Report No. 94 of the Chief Administrative Officer (Recommend) be received and adopted, clause by clause.

Report No. 94 To the Mayor and Members of Council: The Chief Administrative Officer reports and recommends as follows:

(1) THAT the full amount budgeted for 2005 � 2007 for the purpose of constructing a second high pressure gas line, be moved forward such that the approval for 2005 be increased by $4 million to a total project cost of $10.2 million, with additional financing of $3 million from the issuance of long term debt and $1 million from the Gas capital reserve fund in 2005. (File No. CSU-F05-000-2005)

CARRIED

* * * * * * * * * * * * Report No. 95 of the Planning Committee Moved by Councillor K. George Seconded by Councillor Patterson THAT Report No. 95 of the Planning Committee be received and adopted.

Report No. 95 To the Mayor and Members of Council: The Planning Committee reports and recommends as follows:

21-07-2005 1. WHEREAS an application has been submitted by Terry Gray, on behalf of Larry Hollister, with respect to the property

located at 2555 McIvor Road, (Part of Lots 12 and 13, Concession 4) in Kingston West, requesting to amend the zoning of the north portion of the subject lands from Restricted Agricultural �A1� Zone to a Special Restricted Agricultural �A1-14� Zone, to permit a�commercial school� for the purpose of providing transport truck training; and,

WHEREAS a Public Meeting was held with respect to this matter on May 19, 2005:

THEREFORE BE IT RESOLVED that the Application for Zoning By-law Amendment (Our File No. D14-009-2005) submitted by Terry Gray, on behalf of Larry Hollister for the property located at 2555 McIvor Road, BE APPROVED.

AND BE IT FURTHER RESOLVED THAT Map 1 of Schedule �A� to Zoning By-Law No. 76-26 of the former Kingston Township be amended so as to rezone a portion of the subject site (approximately 2.0 hectares) identified as Part of Lots 12 and 13, Concession 4 and known municipally as 2555 McIvor Road from the existing Restricted Agricultural �A1� Zone to a Special Restricted Agricultural �A1-14� Zone, as shown on Schedule �A� attached hereto.

REPORTS (CONTINUED) REPORT NO. 95 OF THE PLANNING COMMITTEE

-and further- THAT the By-law be amended by Adding a new subsection 9(3)(n) immediately after Section 9(3)(m):


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A-14 2555 McIvor Road: Notwithstanding the provisions of Section 9 hereof to the contrary, on the lands designated �A1-14� on Schedule �A� hereto, the following regulations shall apply:

i) Permitted Uses:

In addition to the provisions of Section 9(1), the permitted uses shall also include a �commercial school�, for the purpose of providing transport truck training.

ii) Prohibited Uses:

Notwithstanding the provisions of Section 9(1), the following uses shall be prohibited: - public garage; - automobile sales establishment; - car wash.

iii) Maximum Floor Area:

The maximum floor area for the commercial school permitted by clause (i) above shall be 55m2. iv) Notwithstanding the provisions of Section 9(2)(c)(ii) and Section 5(16)(c), the minimum setback

requirement for a commercial vehicle 5 tonnes or greater, including the trailers, from the front lot line shall be 65 metres.

v) Notwithstanding any provisions to the contrary the maximum number of commercial vehicles 5 tonnes or

greater shall be limited to 2 commercial vehicles. vi) That the use and removal of the '-H' Symbol on the rear portion of the lands shall be in accordance with the

regulations of Section 6 (6) of the Zoning By-Law and that prior to the removal of the '-H' Symbol and any redevelopment of the lands, a Stage 1 Archaeological Assessment shall be submitted and approved by the Municipality.

AND BE IT FURTHER RESOLVED that the Amending By-law be presented for all three readings. (See By-Law No (1), 2005-196)

2. WHEREAS an application was submitted to the City of Kingston by V. Marques Construction, for a site located on the

west side of Sydenham Road, north of Princess Street and within the Cataraqui North planning area, being Part of Lot 15, Concession 3, in Kingston West, requesting approval for Draft Plan of Subdivision, to permit 104 single detached lots, 8 Blocks for single detached lots, 3 new streets, 5 reserve blocks and the approval of a concurrent Zoning By-law Amendment to permit residential development on the subject lands; and

WHEREAS the statutory Public Hearing was held on October 21, 2004:


THEREFORE BE IT RESOLVED that the application for Draft Plan of Subdivision (File No. D12-010-2004) submitted by V. Marques Construction for the property located at Part of Lot 15, Concession 3, BE APPROVED, subject to the following conditions:


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1. That this approval applies to the Draft Plan of Subdivision, prepared by Hopkins & Cormier Surveying Limited O.L.S., dated May 21, 2004 which shows the following: ● 104 residential lots (Lots 1-104); ● 8 Residential Blocks (Blocks 105-112); ● 5 blocks for 0.3 m reserve (Block 113-117); and ● 3 new streets (Street �A�, �B� and �Crossfield Avenue�).

2. That the road allowances included in this Draft Plan shall be shown and dedicated as public highways. 3. That the Streets shall be named to the satisfaction of the Municipality. 4. That any dead ends and open sides of the road allowances created by this Draft Plan shall be terminated in

0.3 metre reserves to be conveyed to, and held in trust, by the Municipality. 5. That such easements as may be required for utility or drainage purposes shall be granted to the appropriate

authority. 6. That provision be made for the Subdivision Agreement between the Owner and the Municipality to be

registered against the lands to which it applies once the plan of subdivision has been registered. 7. That the Owner shall enter into the Municipality�s standard subdivision agreement which shall list all approved

plans and municipal conditions as required by the City of Kingston for the development of the Draft Plan of Subdivision.

8. That prior to Final Approval, the Owner/Developer shall, in consultation with and to the satisfaction of Canada

Post, identify the location of community mailboxes within the plan, and shall identify such locations on drawings for approval by the Municipality. The locations of these community mailboxes shall be identified in the notice to future purchasers of the lots within the subdivision.

9. That any further subdivision of Blocks or additional road patterns on the plan shall be completed to the

satisfaction of the Municipality. 10. That prior to Final Approval of the Plan, the Owner shall provide a Geotechnical Study certified by a

Professional Engineer to the satisfaction of the City of Kingston. The report should take into account fill previously applied to the subject site. The recommendations of the Geotechnical Study shall be incorporated into the Subdivision Agreement and the Subdivision Agreement shall contain provisions whereby the Owner agrees to implement the Study recommendations to the satisfaction of the Municipality.

11. That a pedestrian link from Street �A� to the Parkland Block to the north is required to be included in the final

design of subdivision.


12. That the Owner conveys up to 5% residential and up to 2% commercial of the land included in the plan of subdivision to the Municipality for park or other public recreational purposes. Where the subdivision exceeds 15 units per residential hectare of land, the Owner shall convey lands for recreational purposes at a rate of one hectare (2.5 acres) for each 300 dwelling units. Alternatively, the Municipality may require cash-in-lieu for all or a portion of the conveyance.


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13. That the following Warning Clause shall be included in all notices of purchase and sale or lease:

�The rear of Lots 30-33 inclusive and the side yard to Lot 1 shown on the Draft Plan of Subdivision prepared by Hopkins & Cormier Surveying Limited O.L.S.., dated May 21, 2004, will be adjacent to a city owned park. Any fencing done by the builder and/or the homeowner along the Park boundary shall endeavour to retain the existing grades and trees where possible. No trees within the park area or on the boundary are to be removed without consulting Cultural Services, Forestry Staff.�

14. That prior to Final Approval the Owner shall have a Professional Engineer conduct and certify a Traffic Impact

Study to the satisfaction of the City of Kingston and the Subdivision Agreement between the Owner and the City of Kingston shall make provision for the Owner to design, construct and financially secure the costs for any off site road improvements as are deemed necessary by the City�s Manager of the Engineering Division.

15. Prior to final subdivision approval the owner shall submit a traffic impact study (TIS) that has been prepared

and stamped by a licensed professional engineer. The TIS must be completed in accordance with the City of Kingston�s Traffic Impact Study Guidelines. In addition any Sight Triangles or road widening as may be required/identified through the subdivision design process must be provided to the City of Kingston and shown on the final plan as separate blocks. The TIS will be peer reviewed at the Owner�s expense.

16. That prior to Final Approval a Stormwater Management Report and implementing plans shall be prepared by

a Professional Engineer which speak to the recommendations contained in the Weslake Report, to the satisfaction of the City of Kingston. The approved plans shall be appended to the Subdivision Agreement between the Owner and the City of Kingston.

17. That prior to Final Approval the Owner shall submit lot grading, drainage and erosion and sediment control

plans, shall be prepared by a Professional Engineer, to the satisfaction of the City of Kingston and the Cataraqui Region Conservation Authority (CRCA), the report being in general conformity with the elevations developed in the Weslake Report.

18. The subdivision agreement between the City and the Owner shall make provision for the Owner to carry out

the recommendations of the Final Storm Water Management Report, at his expense, to the satisfaction of the City of Kingston.

19. That prior to Final Approval the Owner shall submit for the approval to the City of Kingston a Landscape Plan

and Tree Preservation Plan.


20. That prior to Final Approval the Owner shall submit for the approval of the City of Kingston and as per any requirement of the Ministry of Environment a Noise Impact Report prepared and certified by a Professional Engineer. The Subdivision Agreement between the Owner and the City of Kingston shall include the recommendations as contained in the report.

21. That prior to Final Approval the Owner shall submit an Environmental Site Assessment (Phase 1 ESA) for all

areas of the subdivided lands intended for residential occupancy or conveyance as parkland, roadway or storm water infrastructure for approval by the City of Kingston. The City requires that the environmental quality of the soils and groundwater within the lands intended for development are compatible with the


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intended land use as described within the Guideline for Use at Contaminated Sites in Ontario (MOE rev. 1997) or its successor. In general the Phase 1 ESA shall be carried out in accordance with standard CSA Z768-01 and shall be up to date.

22. That prior to Final Approval the Owner shall provide a record of site condition which shall include

documentation of how concerns raised in the Phase 1 ESA have been addressed. The Record of Site Condition must be completed by a qualified person as described in Ontario Regulation 153.

23. That prior to Final Approval, all underground municipal infrastructures shall be completed for all �down stream�

areas impacted by the proposed development. 24. That prior to Final Approval the Owner shall provide documentation of the proper abandonment of water wells

currently existing on the subject lands. Acceptable documentation is an Ontario Water Well Record completed by a licensed well contractor showing details of plugging and sealing.

25. That prior to Building Permit issuance for Lots 1-18 and Blocks 105-112 inclusive, all municipal infrastructures

associated with Crossfield Avenue must be completed where it impacts said areas. 26. The Owner shall bear the expense of all offsite works resulting from the approved public works design where

such works are not subsidized under the policies and By-laws of the City of Kingston. 27. That the Owner agrees in writing through provisions of the Subdivision Agreement to satisfy all the

requirements, financial and otherwise, of the City of Kingston concerning the provision of municipal services, including fencing, lighting, landscaping, sidewalks, roads, installation of underground services, provisions for drainage and noise mitigation where required.

28. That the phasing of the development is to be reflected on the approved subdivision works drawings to the

satisfaction of the City of Kingston, taking into account the temporary termination of underground services, interim storm water management, operations and maintenance, vehicle access and access for emergency services.

29. That the Subdivision Agreement between the City of Kingston and the Owner contain all necessary notices to

purchasers resulting from, but not necessarily restricted to, the design and provision of services, including the requirement to provide and maintain private site specific works as necessary.


30. That the portion of the Plan involving Lots 1 � 18 and Blocks 105 � 112 inclusive shall match the adjacent approved Lyndenwood Phase 4 Draft Plan of Subdivision.

31. That the Owner shall ensure that the design works on Andersen Drive and Crossfield Avenue take into

consideration the servicing for lots 1-18 and Blocks 105-112. 32. A 0.3m reserve shall be provided at all open ends of Right of Ways and along the side of lots 88 and 89

adjacent to Sydenham Road. 33. That prior to Final Approval the Owner agrees to pay the required contribution for Pond B2E Land Acquisition

costs and Construction cost as per Schedule �B� of the Cataraqui North Neighbourhood Cost Sharing


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Agreement Dated August 1, 2002. This amount shall be included as a cash surcharge in the cost estimate for the first phase of the subdivision and shall be submitted to the municipality prior to final subdivision approval.

34. That prior to Final Approval the Owner becomes a �Participating Owner/added Party�, to the Cataraqui North

Neighbourhood Cost Sharing Agreement Dated August 1, 2002 following the procedures as outlined in the agreement.

35. That a Warning Clause be included in all notices of purchase and sale or lease for all lots abutting on

Crossfield Avenue that a bus route may be located on the street. 36. That the Owner shall meet the following conditions of Bell Canada:

● That the Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required for telecommunications services.

● That the Owner shall be requested to enter into an Agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the Municipality, or if no such conditions are imposed, the Owner shall advise the Municipality of the arrangements for servicing.

37. That prior to Final Approval the Owner shall complete a Stage 1 Archaeological Assessment on the subject

site. The archaeological assessment shall be submitted to the Ministry of Culture for review. 38. That in the event that human remains are encountered during construction, the proponent shall immediately

contact the Ministry of Citizenship, Culture and Recreation and the Registrar or Deputy Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Commercial Relations, (416) 326-8392.

39. That when requesting Final Approval from the Municipality, the Owner shall accompany such request with the

required number of originals and copies of the Final Plan, together with a surveyor�s certificate stating that the lots/blocks thereon conform in frontage and area to the requirements of the Zoning By-Law.

40. That prior to Final Plan approval, the Owner shall provide confirmation that civic addresses have been

assigned to the proposed dwelling units by the Municipality�s Planning Division.


41. That appropriate wording be included in the Subdivision Agreement to require that any correspondence related to blasting activities/claims for damages received by the Owner or his contractors and any responses to that correspondence be copied to the Planning Division of the City of Kingston.

42. That appropriate wording be included in the Subdivision Agreement to provide for a notification radius for

blasting operations that is sufficient to include the properties on Crossfield Avenue, Seal Court, Andersen Drive and Sydenham Road, said radius to also apply to the area east and west of the proposed subdivision. In no case shall the radius be less than 120 metres.

43. The Draft M-Plan shall be submitted to the Planning Division in an AutoCAD readable format on either three

and one-half inch (3½�) diskette or compact disc (CD), together with two (2) paper prints.


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44. That Draft Approval for Plans of Subdivision shall lapse at the expiration of three years from the date of issuance of Draft Plan Approval if final approval has not been given, unless an extension is requested by the developer and, subject to review, granted by the approval authority.

45. That a request may be made to the approval authority for an extension to the Draft Approval for Plans of

Subdivision. The extension period shall be for a maximum of two years and must be submitted prior to the lapsing of Draft Plan Approval. Further extensions may be considered at the discretion of the approval authority where there are extenuating circumstances.

AND BE IT FURTHER RESOLVED that the application for Zoning By-law Amendment (File No. D14-024-2004) submitted by V. Marques Construction for the lands located at Part of Lot 15, Concession 3, BE APPROVED.

AND BE IT FURTHER RESOLVED THAT Schedule �A�, Zone Map 3 of Zoning By-Law No. 76-26, former Township of Kingston, as amended, to DELETE the �D� Zone and �C3� Zone applied to approximately 7.4 hectares of land located at Part of Lot 15, Concession 3.

AND BE IT FURTHER RESOLVED THAT Zoning Map, Cataraqui North Neighbourhood, Zoning By-Law No. 97-102, former Township of Kingston, by changing the zone from Development �D� Zone and Highway Commercial �C3� Zone, Zoning By-Law No. 76-26 to a Holding Low Density Residential �LDR-H� Zone, as defined in Zoning By-Law No. 97-102, as amended, for the lands shown as �Zone Change from �D� and �C3� to �LDR-H� Zone� on Zoning Map, Cataraqui North Neighbourhood attached hereto, and;

THAT the use and removal of the Holding Symbol �-H� shall be in accordance with Section 2.5 of this By-Law.

AND BE IT FURTHER RESOLVED that the Amending By-Laws be presented for three readings. (See By-Law No (2), 2005-197; By-Law No. (3), 2005-198)

REPORTS (CONTINUED) REPORT NO. 95 OF THE PLANNING COMMITTEE 3. WHEREAS an application has been submitted by Holzman Consultants Inc., on behalf of RioCan Holdings (Kingston)

Inc., with respect to the property municipally known as 690-768, 770, and 774 Gardiners Road, and 599 Taylor Kidd Boulevard in Kingston West, to amend the permitted uses within the �C5-10� zoning of the subject lands, Zoning By-law No. 76-26, for the purpose of adding an �automotive centre� as a permitted use; and,

WHEREAS a Public Meeting was held with respect to this matter on June 16, 2005:

THEREFORE BE IT RESOLVED THAT the application for Zoning By-law Amendment (Planning File No. D14-011-2005) submitted by Holzman Consultants Inc. on behalf of RioCan Holdings (Kingston) Inc. for the property municipally known as 690-768, 770, and 774 Gardiners Road, and 599 Taylor Kidd Boulevard, BE APPROVED.

AND BE IT FURTHER RESOLVED that Zoning By-law No. 76-26 of the former Township of Kingston be amended as follows:

1) By deleting Section 22(3)(k) in its entirety and replacing it with the following new Section 22(3)(k):


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�(k) C5-10 Notwithstanding any provision of this By-law to the contrary, the lands Zoned �C5-10� on Schedule �A�, shall be used in accordance with the permitted uses set out in Section 22(1) and may include an automobile centre as defined in this section. Development shall be in accordance with the provisions of Section 22(2) and the following special provisions:

(i) Notwithstanding Section 22(2)(h), the maximum combined Gross Leaseable Area of all permitted uses on the site shall be 23,000 m2.

(ii) Any supermarket shall have a maximum gross leaseable floor area of 5600 m2. (iii) Rear yard (minimum) 3.0 m. (iv) Parking Spaces (minimum) 5.0 parking spaces per 100 square metres of Gross Leaseable Area. (v) Parking Module Size Notwithstanding any provisions to the contrary, where the parking angle is 90 degrees, the stall

length shall be a minimum of 6.0m, the aisle width shall be a minimum of 6.0m, the centre to centre width of a double row with an aisle in between be a minimum of 18.0 meters and shall permit 2-way movement.

(vi) Access Notwithstanding Section 5(16)(d)(i)(b), for driveways used for combined ingress and egress, the

minimum width shall be 16 m, measured 6 m from the property line. (vii) Minimum Setback along Major Arterials Notwithstanding Section 5(20), the minimum building or structure setback along Gardiner�s Road

and Taylor Kidd Boulevard shall be 50 feet plus the required front or exterior side yard. (viii) Automobile Centre

a) For the purposes of this section only, an automobile centre shall be defined as an establishment for the minor servicing of vehicles such as oil changing facilities and related operations. The retail sales of products related thereto shall be permitted. Vehicle bodywork or painting establishments, commercial garages, muffler shops, tire shops and similar uses shall not be permitted.

b) Any automobile centre operation shall be within a wholly enclosed building. (ix) Service Bay Doors Any service bay doors associated with a permitted use shall not be oriented to directly abut a public

street.�


AND BE IT FURTHER RESOLVED that the Amending By-law be presented for all three readings. (See By-Law No (4), 2005-199)

CARRIED

* * * * * * * * * * * * Report No. 96 of the Multiplex Community Centre Project Steering Committee Moved by Councillor K. George Seconded by Councillor Stoparczyk THAT Report No. 96 of the Multiplex Community Centre Project Steering Committee be received and adopted. Moved by Councillor Stoparczyk Seconded by Councillor Garrison


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THAT Council resolve into Committee of the Whole to deal with report no. 96 of the Multiplex Community Centre Project Steering Committee.

CARRIED (A 2/3 Vote of Council was Received)

Moved by Councillor B. George Seconded by Councillor Stoparczyk THAT Council rise from the Committee of the Whole and the Chair report.

CARRIED Mayor Rosen reported the following action was taken:

Report No. 96

26th July 2005 To the Mayor and Members of Council: The Multiplex Community Centre Project Steering Committee (MCCP-SC) reports and recommends as follows: 1. THAT the Request for Proposal (RFP) document � Multiplex Community Centre Project (attached to the August 2, 2005

Agenda as Schedule Pages 8 to 91) be endorsed as amended; and that the RFP be issued by staff on or about August 5, 2005.

CARRIED (See Recorded Vote No. 4)

(See Following Motions to AMEND which were CARRIED) (See Following Motions to AMEND which were LOST)

REPORTS (CONTINUED) REPORT NO. 96 OF THE MULTIPLEX COMMUNITY CENTRE PROJECT STEERING COMMITTEE Moved by Councillor K. George Seconded by Councillor Stoparczyk THAT Section 2. GENERAL SUMMARY OF WORKS (Page 19 and 20 of 85) be amended to include a new Section A, and that Sections A, B, and C be renamed B, C, and D, respectively; and further that Subsections a, b, g, l, r, u and v, be removed from the existing Section A and included in the new Section A, so that the new Section A shall read as follows: �2. GENERAL SUMMARY OF WORKS

A. The Facility shall contain the following components: a. Three (3) NHL size rinks � seating capacities of 300-500 each b. One (1) Olympic size rink � 1,500 seat capacity with allowance for future expansion c. Multi-gendered dressing rooms with bench seating, coat hooks, toilet, sink, water bottle filler,

hose bib and shower area. Six (6) dressing rooms per ice pad are anticipated. d. Commercial quality kitchen, restaurant and lounge that is fully equipped and furnished. e. Multi-purpose room including folding walls (approximately 4,000 sq.ft.+). May function as a fitness

room as well. f. Pro shop.


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g. Injury Management Centre / First aid room including sports medicine.�

-and further- THAT Section B (formerly Section A) be re-alphabetized to reflect the changes.

CARRIED Moved by Councillor Patterson Seconded by Councillor Sutherland THAT Section 15. a) (Page 48 of 85) be amended to delete the words �suites, lounge and club� and to replace with the words �foyer and�, so that Subsection a) of Section 15 shall now read as follows:

a. Scope of work: Provide information management system to concessions, restaurant, foyer and lounge areas as required.

-and further-

THAT the words �club lounge� be deleted and replaced with �community lounge� throughout the entire document. CARRIED

(Councillor Garrison OPPOSED) REPORTS (CONTINUED) REPORT NO. 96 OF THE MULTIPLEX COMMUNITY CENTRE PROJECT STEERING COMMITTEE Moved by Councillor Stoparczyk Seconded by Councillor Pater That Section 8.0 MILESTONES AND RESULTS (Pages 11 and 12 of 85) be amended under the dates November 16, December 7 and January 4 or 11, to include the words �and Community Advisory Group (CAG) for discussion purposes� on the understanding that the Steering Committee will be the only members to vote, so that Section 8.0 MILESTONES AND RESULTS shall now read as follows: 8.0 MILESTONES AND RESULTS

All timing in relation to this RFP and any resulting contract remains in the sole discretion of the City of Kingston. The following is an estimated timeline: 2005 August 05 Release of the RFP August 5, 2005 September 05 Deadline for submission of questions 13 Deadline to respond to questions October 19 RFP Closes RFP submissions opened and recorded by City Clerk�s office October 20 RFP assessment process starts � TAG undertakes assessment of RFP�s from a technical

point of view � initial findings shared with SC


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November 02-11 TAG � staff develops/ finalizes initial draft report of initial assessment of RFP�s to Steering Committee

16 Steering Committee and Community Advisory Group [CAG]( for discussion purposes) meet to review and discuss initial draft RFP report / findings � SC gives feedback

17-25 TAG and staff undertake to address feedback of SC December 1 Initial draft report of RFP assessment to SC submitted to Commissioner and CAO for

signature 7 Steering Committee and CAG meet (for discussion purposes) meet. Steering Committee

makes recommendation on draft RFP report � develop recommendation and report to Council seeking direction for Council meeting of December 13, 2005

13 Council meets to review SC recommendation(s) on RFP � Council resolution directs next steps in RFP process (as per SC recommendation(s)) as amended by Council

14 to 19 TAG and staff undertake to address direction(s) of Council resolution � report to Commissioner and CAO December 20, 2005

2006 January 4 or 11 Steering Committee and CAG (for discussion purposes) meet to consider �revised� RFP

recommendation report to SC � SC resolution developed 12,13 Report of SC submitted to Council for meeting on January 17, 2006 17 Council meets to consider revised recommendations of the SC � Council creates a

resolution 20 Results of the RFP process is announced to proponents 24 Begin contract negotiation with any successful proponent(s)

CARRIED REPORTS (CONTINUED) REPORT NO. 96 OF THE MULTIPLEX COMMUNITY CENTRE PROJECT STEERING COMMITTEE Moved by Councillor Sutherland Seconded by Councillor Smith That Section 8.0 EVALUATIONS OF PROPOSALS (Page 7 of 85) be amended as follows:

• Subsection b is amended from 25% to 30%; • Subsection c is amended from 20% to 15%;

So that Section 8.0 shall now read as follows: 8.0 EVALUATION OF PROPOSALS The following scoring system will be used to evaluate each proposal and its response to the RFP to select the successful proponent. a. Performance Specifications 25% [see Appendix A] b. Financial Impact to the City 30% [see Appendix B] c. Planning and Utility Requirements 15% [see Appendix C] d. Accessibility compliance with Ontarians with Disabilities Act 5%


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[see Appendix D] e. Recreational Programming Capacity 10% [see Appendix E] f. Project Plan and Corporate Profile 10% [see A8(c),(d) and (e)] g. Compliance with Proposal Submission Requirements 5% Each proponent must be prepared to give a presentation in support of their proposal or to exhibit or otherwise demonstrate the information contained in their proposal. Note: The City of Kingston reserves the right to select any number of the proponents for a further stage of evaluation. It is anticipated that any such second stage of evaluation will be based on two or three finalist proponents who will be asked to submit further detail in accordance with terms to be set at a future date according to the direction and sole discretion of the Council of City of Kingston directly or as delegated.

CARRIED REPORTS (CONTINUED) REPORT NO. 96 OF THE MULTIPLEX COMMUNITY CENTRE PROJECT STEERING COMMITTEE Moved by Councillor K. George Seconded by Councillor Downes That Section 6 HIGH PERFORMANCE BUILDING DESIGN (Page 22 of 85) be amended to delete the sentence �The design goal of the project is to achieve LEED silver or better.�; And further that Subsection e. (Page 23 of 85) be amended to delete the words �silver or better�; And further that the proposed LEED Assessment Process chart be entitled �EXAMPLE OF A LEED ASSESSMENT PROCESS�; And further that the EXAMPLE OF A LEED ASSESSMENT PROCESS chart be appended to Appendix �C� of the RFP; So that Section 6 HIGH PERFORMANCE BUILDING DESIGN shall now read as follows: “6. HIGH PERFORMANCE BUILDING DESIGN: The City of Kingston is committed to investigating the LEED TM process for all new facilities. The City of Kingston has committed that all large municipal buildings and large retrofit projects to undertake an assessment for Leadership in Energy & Environmental Design (LEED TM) as a design goal for Council�s consideration before finalization of the project design. It is the goal of the city to design the Multiplex Community Centre in a fashion that maximizes energy efficiency, water efficiency, provides the highest quality of indoor working environment and minimizes the buildings burden on the natural environment and long term operating budgets. To address the LEED design of the project the following will be required:

a. The design team will include a certified LEED professional with a proven track record.


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b. The LEED Assessment of the Multiplex Community Centre will be led by a certified LEED professional with a proven track record.

c. Provide the CV of the LEED certified professional identified for the Multiplex Community Centre. d. Provide a list of the Sustainable building designs conducted by the firm. Indicate if these designs were LEED

certified. Indicate the sustainable features of these designs. Provide references for three of these buildings. Provide a list of Sustainable building designs conducted by the LEED professional identified for Multiplex Community Centre. Indicate if these buildings were LEED certified and what level was achieved. Indicate the sustainable features of these designs. Provide references for three of these buildings.

e. Provide a detailed description of the process that would be used to conduct a cost/benefit comparison of a base design (Modal National Energy Code) to a LEED design for the Multiplex Community Centre.

f. Provide a summary of funding options relevant to a LEED design that may be available to the Multiplex Community Centre.

g. Provide a detailed description of the process that would be used to implement a LEED design for the Multiplex Community Centre.

h. Provide costs estimates for the following tasks: i. Conduct a cost/benefit comparison of a base design (Modal National Energy Code) to a LEED (certified or

better) design. ii. Conduct the analysis and application required for CBIP funding. iii. Conduct the administrative tasks associated with LEED credit documentation and verification, registration

and certification. REPORTS (CONTINUED) REPORT NO. 96 OF THE MULTIPLEX COMMUNITY CENTRE PROJECT STEERING COMMITTEE

Example of a LEED Assessment Process Task Description Purpose/Deliverable

1. Base Design Meeting

Architects, cost consultant, mech/elec. engineers develop base design for the Grand Theatre using standard practices It is useful to engage the LEED facilitator in this process because it allows them to save time and come with added value to the LEED scorecard at the Initial Design Charette

To provide background for design charette and a base design for LEED comparative purposes. (i.e. functional program, schematics and costing)

2. Initial Design Charette

LEED Expert to facilitate the LEED design charette with stakeholders (i.e. architects, engineers, cost consultants operations, other relevant staff (finance, environment, user specific)).

Brainstorming session to identify synergies of building design Review LEED scorecard and identify credits to be accepted, rejected, researched and modeled.


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Task Description Purpose/Deliverable 3. LEED Options

Assessment Phase I

LEED Expert to work with cost consultants, and engineers to develop the LEED scorecard developed at the initial design charrette. Energy modeling will be required to assess the options (costs/savings). Develop a LEED shopping list with costs.

To assess the capital cost impact of energy initiatives against the potential savings To cost the LEED credit design attributes To allow a comparison of available options (cost/benefit)

4. Stakeholder Review of LEED Options Assessment

Stakeholders are provided with the findings of the Energy modeling, cost estimates (capital), and projected cost savings

Provides stakeholders with an opportunity to familiarize themselves with the information before the second design charette.

5. Follow-up Design Charette

LEED Expert to facilitate a review of the design options with stakeholders.

Stakeholders decide on the LEED features to be incorporated into the final design

6. LEED Options Assessment Phase II

LEED Expert to work with others to provide the final LEED scorecard, energy modeling, incremental capital costs and operational savings

Incorporate the decisions from the second design charette into the design and cost/benefit analysis

7. Financial Model Provide IRR, NPV and payback for various financing options.

Determine financial impact/benefit of LEED

8. Report to Council

Provide report to council to present the findings of the LEED assessment.

The incremental capital costs of a LEED design over a base design and the associated IRR, payback and NPV will be presented to Community Services, EMT and Council.�

CARRIED

REPORTS (CONTINUED) REPORT NO. 96 OF THE MULTIPLEX COMMUNITY CENTRE PROJECT STEERING COMMITTEE Moved by Councillor Garrison Seconded by Councillor Beavis THAT the number of seats in the multiplex facility be increased from 1500 seats to 5000 seats.

LOST (4:8) (See Recorded Vote No. 1)

Moved by Councillor Garrison Seconded by Councillor Beavis Under the �General Summary of Works� on page 26 that items (e) (i) (j) (bb) be moved to the A (shall) portion of the RFP.

LOST (5:7) (See Recorded Vote No. 2)

Moved by Councillor Garrison


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Seconded by Councillor Meers THAT Section 5.0 (d) be amended to add the words �preferably centrally located� at the end of the sentence.

LOST (6:6) (See Recorded Voted No. 3)

1. A Recorded Vote was requested by Councillor Garrison.

YEAS: Councillor Beavis, Councillor Downes, Councillor Garrison, Councillor Meers (4) NAYS: Mayor Rosen, Councillor B. George, Councillor K. George, Councillor Pater, Councillor Patterson,

Councillor Smith, Councillor Stoparczyk, Councillor Sutherland (8) ABSENT: Deputy Mayor Foster (1)


YEAS: Councillor Beavis, Councillor Garrison, Councillor Meers, Councillor Pater, Councillor Smith (5) NAYS: Mayor Rosen, Councillor Downes, Councillor B. George, Councillor K. George, Councillor Patterson,

Councillor Stoparczyk, Councillor Sutherland (7) ABSENT: Deputy Mayor Foster (1)


YEAS: Councillor Downes, Councillor Garrison, Councillor Meers, Councillor Pater, Councillor Smith, Councillor Sutherland (6)

NAYS: Mayor Rosen, Councillor Beavis, Councillor B. George, Councillor K. George, Councillor Patterson, Councillor Stoparczyk (6)

ABSENT: Deputy Mayor Foster (1) 4. A Recorded Vote was requested by Councillor K. George YEAS: Mayor Rosen, Councillor Beavis, Councillor Downes, Councillor Garrison, Councillor B. George,

Councillor K. George, Councillor Patterson, Councillor Smith, Councillor Stoparczyk, Councillor Sutherland (10)

NAYS: Councillor Meers, Councillor Pater (2) ABSENT: Deputy Mayor Foster (1)

* * * * * * * * * * * * COMMITTEE OF THE WHOLE (C) Moved by Councillor Beavis

Seconded by Councillor Patterson That the report of the Committee of the Whole be received and adopted.

CARRIED

* * * * * * * * * * * * INFORMATION REPORTS


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* * * * * * * * * * * *

MISCELLANEOUS BUSINESS

* * * * * * * * * * * * MOTIONS (1) Moved by Councillor Garrison

Seconded by Councillor Stoparczyk

WHEREAS Canadian peacekeepers have made, and continue to make exceptional contributions to peace throughout the world, and;

WHEREAS in following the example of Lester B. Pearson, Nobel Peace Prize recipient, Canadians are recognized throughout the world as committed proponents of peace, and;

WHEREAS more than 100,000 Canadians have contributed to world peace and many have lost their lives in the service and pursuit of peace and we recognize that their families, colleagues, friends and communities grieve the loss of lives, and;

WHEREAS August 9, 1974 was chosen because on that date the greatest single loss of Canadian lives on peacekeeping mission occurred when nine Canadian peacekeepers serving with the United Nations Emergency Force in Egypt and Israel, were flying in a Canadian Forces �Buffalo� transport aircraft on UN service and was shot down while preparing to land at Damascus, Syria on a regular resupply mission. There were no survivors, and;

WHEREAS Canada�s military has a proud history of peacekeeping and sets an international standard that is admired throughout the world, and;

MOTIONS (CONTINUED)

WHEREAS the City of Toronto, in partnership with the Canadian Association of Veterans in United Nations Peacekeeping (CAVUNP), will commemorate the contributions of our peacekeepers by providing an appropriate inscription on City of Toronto memorial cenotaphs.

THEREFORE BE IT RESOLVED THAT Kingston City Council, does hereby proclaim August 9, 2005 as “Peacekeepers’ Day” to pay tribute to the sacrifices made by those who have died in service, to honour those who have returned from peacekeeping service and to express our gratitude to those now in peacekeeping service.

(See Communication No. 21-536) CARRIED

(2) Moved by Councillor E. Smith Seconded by Councillor F. Patterson

THAT Councillor Bittu George be appointed as Acting Mayor during the period of August 3, 2005 to August 5, 2005, inclusive.

CARRIED * * * * * * * * * * * *

NOTICES OF MOTION

* * * * * * * * * * * *


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COMMUNICATIONS Filed Referred to All Members of Council 21-536 From Terry Murphy, Secretary/Treasurer of the Signallers Club of Canada, requesting that Council proclaim

August 9, 2005 as Peacekeepers� Day. (File No. CSU-M10-000-2005) (See Miscellaneous Business Item No. 1) 21-537 From Beatrice Corbett, Naval Veteran, requesting that Council proclaim August 15, 2005 as VJ-Day. (File No. CSU-M10-000-2005) 21-538 From Alex Palilionis, requesting that the Community Advisory Group�s advisory role be re-instated for the

purpose of reviewing the RFP submissions. (File No. CSU-R05-002-2005) (Copies distributed to all members of Council July 29, 2005) 21-539 From Patti Arnold, voicing concerns with regard to the decision not to include the Community Advisory Group

for the purpose of reviewing the RFP submissions. (File No. CSU-R05-002-2005) (Copies distributed to all members of Council July 29, 2005)

* * * * * * * * * * * BY-LAWS (A) Moved by Councillor Sutherland

Seconded by Councillor B. George That By-Laws (1) through (5) be given their first and second reading.

CARRIED (B) Moved by Councillor Patterson

Seconded by Councillor Meers That By-Laws (1) through (5) be given their third reading.

CARRIED (1) A By-Law To Amend Zoning By-Law No. 76-26 �Zoning By-Law Of The Township Of Kingston� (Site Specific Zoning �

A1 To A1-14 2555 Mcivor Road, Part Of Lots 12 And 13, Concession 4 Geographic Township Of Kingston, City Of Kingston, County Of Frontenac, Kingston West).

THREE READINGS PROPOSED NO. 2005-196 (Clause (1), Report No. 95) (2) A By-Law To Amend Zoning By-Law No. 76-26 �Zoning By-Law Of The Township Of Kingston� To Delete The �D� Zone

And �C3� Zone From The Lands Described As Part Of Lot 15, Concession 3, Former Township Of Kingston, Now The City Of Kingston, County Of Frontenac, Kingston West.


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THREE READINGS PROPOSED NO. 2005-197 (Clause (2), Report No. 95) (3) A By-Law To Amend By-Law No. 97-102 �Cataraqui North Zoning By-Law �, To Change The Zone From �D� And �C3�

To �LDR-H� Of By-Law No. 97-102, Part Of Lot 15, Concession 3, Former Township Of Kingston, Now The City Of Kingston, County Of Frontenac, Kingston West.

THREE READINGS PROPOSED NO. 2005-198 (Clause (2), Report No. 95) (4) A By-Law To Amend By-Law No. 76-26 �Zoning By-Law Of The Township Of Kingston� (Site Specific Zoning � �C5-10�

Modified General Shopping Centre Commercial Zone, 690-768, 770, And 774 Gardiners Road, And 599 Taylor Kidd Boulevard To Permit The Development Of An Automotive Centre As Defined In The Site Specific Zone.

THREE READINGS PROPOSED NO. 2005-199 (Clause (3), Report No. 95) (5) A By-Law To Confirm The Proceedings Of Council At Its Meeting Held On Tuesday, August 2, 2005

THREE READINGS PROPOSED NO. 2005-200 (City Council Meeting No. 21-2005)

CARRIED

* * * * * * * * * * * * ADJOURNMENT Moved by Councillor K. George Seconded by Councillor Smith THAT Council do now adjourn.

CARRIED Council adjourned at 8:00 pm. (Signed) Carolyn Downs

City Clerk Harvey Rosen

Mayor

Documents

CITY COUNCIL MEETING NO. 21-2005 · City Council Meeting No. 21 Minutes August 2, 2005 Page 3 (a) Moved by Councillor Stoparczyk Seconded by Mayor Rosen THAT the condolences of Kingston