Loading...
HomeMy WebLinkAboutCommunity Svcs - 2002-06-10 COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 CITY OF KITCHENER The Community Services Committee met this date, Chaired by Councillor G. Lorentz, commencing at 4:10p.m. with the following members present: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, J. Smola, C. Weylie and J. Ziegler. Officials Present: Ms. C. Legault, Ms. M. Sanderson, Ms. S. Adams, Ms. R. Pitfield, Ms. J. Billett and Messrs. R. Pritchard, G. Melanson, F. Pizzuto, K. Baulk, G. Richardson, C. Miller, W. Sleeth, T. Potworka, D. Chapman, and J. Shivas. Mr. F. Pizzuto introduced Ms. Christine Legault who has assumed the position of Director of Operations in the Community Services Department. Councillor G. Lorentz welcomed Ms. Legault and wished her success in undertaking the many tasks involved in her new position. Ms. Legault expressed her appreciation for the welcome extended by Council and staff. 1. CSD-02-116 - GRANT REQUEST - COMMUNITY PLAYGROUND - THE SCHOOL COUNCIL FOR ECOLE CARDINAL - LEGER The Committee was in receipt of Community Services Department report CSD-02-116, dated May 29, 2002 recommending grant funding for construction of a new creative playground. It was resolved: "That Ecole Cardinal - Leger be awarded a one time community playground grant of $750. in 2002 toward construction of a new creative playground located within the school campus." 2. CSD-02-115 - GRANT REQUEST - COMMUNITY PLAYGROUND - LACKNER WOODS PUBLIC SCHOOL The Committee was in receipt of Community Services Department report CSD-02-115, dated May 28, 2002 requesting grant funding for construction of a new Primary and a new Junior creative playground. It was resolved: "That Lackner Woods Public School be awarded a one time community playground grant totalling $1,500. in 2002 toward construction of new Primary and Junior creative playgrounds located within the school campus." 3. CSD-02-114 - AGREEMENT - EMERGENCY MEDICAL SERVICES / REGIONAL MUNICIPALITY OF WATERLOO AGREEMENT WATERLOO REGION COMMUNITY HEALTH DEPARTMENT - SYMPHONY FIRE IN THE SKY EVENT The Committee was in receipt of Community Services Department report CSD-02-114, dated May 28, 2002 requesting permission to enter into agreements with the Regional Municipality of Waterloo and the Waterloo Region Community Health Department. It was resolved: "That subject to the satisfaction of the City Solicitor, the Special Events Facilitator be authorized to sign future agreements with the Regional Municipality of Waterloo regarding ambulance and overall medical supervision through Emergency Medical Services for the City of Kitchener Special Events Unit; and further, That subject to the satisfaction of the City Solicitor, the General Manager of Community Services be authorized to retroactively sign an agreement with the Waterloo Region Community Health Department, as attached to Community Services Department report CSD-02-114, with respect to the "Symphony Fire In The Sky" event held May 19, 2002 in Victoria Park." COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 - 44- CITY OF KITCHENER 4. CSD-02-113 - CONTRACT FOR ARTISTS SERVICES - PROLOGUE TO THE PERFORMING ARTS - SERVICE PROVIDER CONTRACT REVISIONS - AIR BOUNCE AMUSEMENTS The Committee was in receipt of Community Services Department report CSD-02-113, dated June 3, 2002 requesting permission to enter into a contract for artist services with Prologue to the Performing Arts and permission to amend the pre-approved service provider contract with Air Bounce Amusements. It was resolved: "That subject to the satisfaction of the City Solicitor, the Special Events Facilitator be authorized to sign the contract for Artists Services with Prologue to the Performing Arts, as generally set out in the attachment to Community Services Department report CSD-02- 113, and as required from time to time; and further, That an amendment be approved to the pre-approved Service Provider Contract regarding Air Bounce Amusements to add the phrase "save and except damage arising solely from the City's negligence" to the end of clause 3 following the phrase "The City shall not be liable for any injury or damage to the Service Provider, his/her agents, servants, sub- contractors, customers, invitees or licensees, or resulting from any cause whatsoever"." 5. CSD-02-120 - SUITE HOLDER LICENSE AGREEMENT - KITCHENER MEMORIAL AUDITORIUM COMPLEX The Committee was in receipt of Community Services Department report CSD-02-120, dated June 3, 2002 requesting permission to execute Suite Holder License Agreements for all suite licenses at the Auditorium Complex. Mr. K. Baulk pointed out that a clerical error was contained within the recommendation in the staff report and in particular, requested that reference to the report number and date of the report be changed to reflect Community Services Department report CSD-02-120. He also advised that the Assistant City Solicitor, Mr. G. Melanson, has requested that this agreement not be subject to the satisfaction of the City Solicitor. In this regard, Mr. Melanson advised that the consultant wishes to retain copyright with respect to the agreement and accordingly, the consultant should ultimately be responsible for the terms and conditions of the agreement. It was resolved: "That the Director of Enterprise or the Manager of the Kitchener Memorial Auditorium Complex/Community Arenas be authorized to sign the "Suite Holder License Agreement", as generally set out in Community Services Department report CSD-02-120, as a pre- approved agreement to be used for all suite licenses that are located at Kitchener Memorial Auditorium Complex." 6. CRPS-02-141 - PROPOSED WORKING PARTNERSHIP - SAFE & HEALTHY COMMUNITY ADVISORY COMMITTEE SUPPORT - OPIOID DEPENDENT YOUTH SUPPORTED EDUCATION AND EMPLOYMENT (ODYSEE) PROJECT The Committee was in receipt of Corporate Services Department report CRPS-02-141, dated June 5, 2002 advising of the Safe and Healthy Advisory Committee recommendation to explore a working partnership with the ODYSEE project. It was resolved: "That Community Services and Programs explore a working partnership with the Opioid Dependent Youth Supported Education and Employment Project (ODYSEE), subject to confirmation of Project funding, by working within our organization to consider the following tangible items: COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 6. CRPS-02-141 - PROPOSED WORKING PARTNERSHIP - SAFE & HEALTHY COMMUNITY ADVISORY COMMITTEE SUPPORT - OPIOID DEPENDENT YOUTH SUPPORTED EDUCATION AND EMPLOYMENT (ODYSEE) PROJECT (CONT'D) - 45 - CITY OF KITCHENER . in-kind provision of recreational resources such as waiving fees for City of Kitchener recreation and leisure activities and facilities for ODYSEE participants; . in-kind provision of advertising and printing pertaining to the project; . access to volunteer opportunities through the City of Kitchener's Volunteer Program; . connection to the Kitchener Youth Action Council (KYAC); . exploring access to specialized outdoor adventure programs; . liaison with other groups and provision of space to hold additional workshops; and further, That should the Project obtain funding, staff prepare a report on their findings for consideration at a future Safe & Healthy Community Advisory Committee meeting." 7. CSD-02-119 - REGIONAL ROAD SALT MANAGEMENT PLAN IN CONCERT WITH MUNICIPALITIES The Committee was in receipt of Community Services Department report CSD-02-119, dated May 30, 2002 requesting support for development of a detailed road salt management plan. It was resolved: "That the Regional Municipality of Waterloo be advised that Kitchener Council supports, in principle, the development of a detailed Road Salt Management Plan as described in Community Services Department report CSD-02-119; and further, That staff report back with the final report recommendations and associated implementation costs at a future meeting of the Community Services Committee." 8. CSD-02-124 - FOOD AND BEVERAGE SERVICE AGREEMENT - VICTORIA PARK BOATHOUSE FUNDING FROM CAPITAL CONTINGENCY FOR BOATHOUSE IMPROVEMENTS The Committee was in receipt of Community Services Department report CSD-02-124, dated June 3, 2002 requesting permission to enter into an agreement for operation of the Victoria Park Boathouse food and beverage concession and funding for boathouse improvements. Mr. Cam Miller provided an overview of the staff report, noting that one of the two candidates considered withdrew, leaving staff to focus on a proposal from Mr. Dave Pigeau. Mr. Miller provided information with respect to Mr. Pigeau's business experience and highlights of his business plan for operation of the boathouse facility. Mr. Miller then introduced Mr. Pigeau who was in attendance to answer questions. In response to Councillor M. Galloway, Mr. Pigeau advised that he had previously operated a "Mr. Frosty" franchise at the Auditorium Complex and was of the understanding Brown's Fine Foods had some concerns with selling rights. Mr. Baulk advised that all concerns expressed by the contract operator at the Auditorium had been resolvable. The Committee than entered into a lengthy discussion during which the following concerns were raised and responded to by staff: . exclusivity clause for sale of ice cream; no conflict with other ice cream vendors who are restricted to residential areas; the clause precludes special events such as The Multicultural Festival; . explanation of the $5,000. deposit in lieu of rent; COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 8. CSD-02-124 - FOOD AND BEVERAGE SERVICE AGREEMENT - VICTORIA PARK BOATHOUSE - FUNDING FROM CAPITAL CONTINGENCY FOR ROATHOIJ~F IMPRO\fFMFNT~ (CONT'n) - 46 - CITY OF KITCHENER . problems associated with renting the boathouse facility and need for building improvements; equipment owned by previous owner and taken out by the owner at the time the rental agreement expired; . process for obtaining proposals; tender process not undertaken to allow quick action to be taken in the short term and the proposed operation is for a concession as opposed to restaurant use; . tender process not required if renting to tenant; a concession operation should be tendered; the recommendation could be amended to waive requirements of the Purchasing By-law with respect to tendering; final version of contract could be brought back to the June 17th Council meeting; . upgrades for building improvements in the amount of $10,000. including plumbing, electrical, signage, etc. Councillor M. Galloway expressed concern with the funding required for upgrades which have not been detailed in the staff report and are proposed for a private business operation. Accordingly, Councillor Galloway introduced a motion to take no action with respect to entering into an agreement with Mr. Pigeau. Mayor C. Zehr stated that he would not support the motion to take no action, noting that the costs for building improvements would be borne by the City in any event as it is a City-owned facility. He further expressed the opinion that given the problematic history of renting this facility, any proposal for a viable operation should proceed. Councillor B. Vrbanovic expressed the opinion that the 5 year agreement with an additional 5 year option was not representative of a short term arrangement and suggested that a shorter term be negotiated. He further suggested that staff continue to explore other options such as a restaurant facility. Mr. F. Pizzuto advised that staff are willing to negotiate a shorter term. Accordingly, Councillor Vrbanovic suggested that this matter be deferred to the June 17 Council meeting to allow alternative options to be explored. Councillor M. Galloway agreed with Councillor Vrbanovic's suggestion and withdrew his motion to take no action. Councillor G. Lorentz expressed the opinion that citizens go primarily to enjoy the Park and are not necessarily looking for an upscale restaurant. He encouraged staff to proceed with negotiations and come back with the best proposal for the short term. On motion by Councillor B. Vrbanovic - it was resolved: "That the following recommendation contained in Community Services Department report CSD- 02-124 be deferred and referred to the June 17. 2002 Council meetina for consideration: 'That a 5 year agreement be entered into with Dave Pigeau, as generally set out in Community Services Department report CSD-02-124, to operate the Victoria Park boathouse food and beverage concession, with an option to operate for an additional 5 years; and, That as part of the agreement, Dave Pigeau be given the first right of refusal to operate a portable ice cream stand in the playground area of Victoria Park; and, That an up-set limit of $10,000. be committed from Capital Contingency to make improvements to the boathouse; and, That the operator shall be responsible for the cost of all food preparation equipment, all ongoing maintenance and related utility costs to operate the facility; and further, That the agreement be subject to the satisfaction of the City Solicitor'." COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 9. CSD-02-112 - WALTER BEAN GRAND RIVER TRAIL CONSTRUCTION - BRANDY CRESCENT SEGMENT - 47 - CITY OF KITCHENER The Committee was in receipt of Community Services Department report CSD-02-112, dated May 28, 2002 regarding construction of the Brandy Crescent segment of the Walter Bean Grand River Trail. Mr. Glen Richardson provided an overview of the staff report, noting that meetings were held with area residents and while there was general support for the trail construction, property owners on Brandy Crescent backing onto the trail remain opposed to the proposed alignment. He advised that their concerns primarily relate to increased liability respecting a 3 to 4 m high retaining wall to the rear of their properties and including potential structural damage caused by construction, vandalism, theft, loss of privacy, loss of trees and flooding. Mr. Richardson reviewed actions taken by staff in addressing these concerns including obtaining advice and recommendations for construction from Naylor Engineering Associates; consultation with the City's Risk Manager whose opinion with respect to liability is that there is no greater concern than with any other community trail; partnering with the Regional Police in the Trail Bike Program; tree and shrub plantings following construction to address privacy issues and discourage public access to the retaining wall; consultation with the Grand River Conservation Authority (GRCA) and issuance of a permit granted by the GRCA for construction within the floodplain. Ms. Kathleen Araujo and Ms. Ruth Scheffler attended in opposition to the proposed alignment behind their homes on Brandy Crescent. The delegations pointed out that ownership of the retaining wall is that of the abutting property owners and raised concerns respecting increased liability for property owners, protection of property values, structural integrity of the wall, potential vandalism/theft, vehicle access and potential financial loss resulting from litigation. The delegations requested that the following options be considered: . narrow the trail to 1 .5 m behind Brandy Crescent to lessen vehicle access and loss of trees; . in addition to, or in place of a locked gate, placement of boulders at both ends of the trail to prohibit vehicle access; . planting of thorny vines / shrubs at the base of the retaining wall to discourage climbers; . placement of the trail on the opposite side of the Kolb Creek as originally proposed or further away from the retaining wall to create a larger buffer; and, . City acquisition of the retaining wall to transfer liability to the municipality. Ms. R. Scheffler also pointed out that when homes were built on Brandy Crescent trees were to be planted in front of their homes; however, this has not occurred to date. The Committee and staff then entered into a lengthy discussion touching on the issues raised by the delegations as follows: . Liability - as the retaining wall is in private ownership the property owners are responsible in any event under Property Standards regulations; other municipal structures exist with no less risk and / or concerns and trespassers are not favoured by the Courts; City acquisition will include ongoing maintenance costs and will require the agreement of all property owners with respect to conveyance of the wall. . Indemnification - City is liable for any construction damage and indemnification should be provided with respect to construction; further indemnification would not necessarily be recommended by Legal staff and if recommended would be very specific and require an agreement on title; other community trails where private fencing is located beside the trail exist without indemnification. . Location of trail - proposed section is located between Forwell / Victoria / Kolb Park; alignment is around the Forwell gravel pit temporarily until the pit is abandoned, at which time the trail will go through the pit; Grand River Conservation Authority has reviewed the alignment and will not permit the trail to go closer to Kolb Creek because of existing biological / environmental issues; placement of the trail on the opposite side of the Kolb Creek would require significant funding for bridge structures. COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 9. CSD-02-112 - WALTER BEAN GRAND RIVER TRAIL CONSTRUCTION - BRANDY CRESCENT SEGMENT (CONT'D) - 48 - CITY OF KITCHENER . Structural integrity of the wall - staff have obtained an opinion from Naylor Engineering Associates who advise that construction can be undertaken without damaging the structural integrity of the wall. . Entrance gates / boulders - unsuccessful experimentation has taken place with semi-fixed concrete bollards in other areas of the City and creates access difficulty for maintenance vehicles; the standard locked gates proposed control vehicle access and at the same time permit authorized access (maintenance vehicles); making the trail narrower will not prevent vehicle access unless appropriate barriers are placed all along the edges. . Subdivision tree planting - usually the responsibility of the developer as part of a subdivision agreement; Glen Richardson to follow up with Development and Technical Services Department. Councillor J. Ziegler commented that the City deals with the same issues for all public trails and with respect to this particular section of the Walter Bean Trail the City holds the lands for residents in common, not just Brandy Crescent. He stated that in his opinion, the issue of liability was a red herring and pointed out that staff have undertaken to address the issues of concern raised by the residents. Councillor B. Vrbanovic agreed that the various options have been looked at comprehensively; however, suggested that staff should pursue an indemnification agreement for the homeowners along Brandy Crescent. Councillor B. Vrbanovic moved the recommendation in the staff report and added a further paragraph asking that staff pursue an indemnification agreement for homeowners along Brandy Crescent regarding issues that may result from construction of the trail behind their homes. It was requested that the 2 parts of Councillor Vrbanovic's motion be voted on separately. On motion by Councillor B. Vrbanovic - it was resolved: "That the Community Services Department proceed with the construction of the Walter Bean Grand River Trail in the proposed location to the rear of the residential lots on Brandy Crescent, as outlined in Community Services Department report CSD-02-112." The second paragraph of Councillor Vrbanovic's motion was voted on and lost. 10. CSD-02-117 - GRANT REQUEST - HURON PARK COMMUNITY GARDEN The Committee was in receipt of Community Services Department report CSD-02-117, dated May 30, 2002 requesting a one time contribution towards start-up of the Huron Park Community Garden. On motion by Councillor J. Smola- it was resolved: "That a one time contribution in the amount of $1,000. be approved for the Huron Park Community Gardeners for the start-up of the Huron Park Community Garden, pursuant to Council Policy 1-272, which includes: a) b) services in kind: transport compost, wood chips cash grant $547.50 $452.50; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute any and all necessary agreements with the Huron Park Community Gardeners to allow the Huron Park Community Garden to be located on public lands known as Huron Park." COMMUNITY SERVICES COMMITTEE MINUTES JUNE 10. 2002 - 49 - CITY OF KITCHENER 11. CSD-02-121 - CAPITAL FUNDING - PURCHASE OF AUTOMATIC DOOR OPENERS - CENTREVILLE CHICOPEE COMMUNITY CENTRE The Committee was in receipt of Community Services Department report CSD-02-121, dated June 5, 2002 requesting allocation of capital funds to purchase automatic door openers for Centreville Chicopee Community Centre. In response to a question from Mayor C. Zehr, Ms. M. Sanderson advised that a similar request for the family washroom in the City Hall Rotunda will be coming forward at a future date. On motion by Councillor B. Vrbanovic - it was resolved: "That capital funds be allocated from the 2002 Community Programs & Services Capital Budget to purchase and install automatic door openers on the sets of doors located at Centreville Chicopee Community Centre (main entrance doors)." 12. K-W BIG BROTHERS SPORTS AND CELEBRITY DINNER / SILENT AUCTION - DISPLAY OF LENNOX LEWIS MEMORABILIA AND FLAG SIGNING AT KITCHENER CITY HALL ROTUNDA Ms. Rosemary Pitfield advised that in honour of Lennox Lewis' successful bid against Mike Tyson to retain his WBC / IBF Heavy Weight Championship title, Mayor C. Zehr has donated an autographed pair of Lennox Lewis' boxing gloves for auction. The gloves will be auctioned at the K-W Big Brothers Sports and Celebrity Dinner on Wednesday, June 12, 2002 and will be on display in the City Hall Rotunda until they are removed to go to the auction. In addition, Ms. Pitfield advised that a Canadian flag will also be located in the City Hall Rotunda for citizens to sign best wishes and will be presented as a congratulatory commemorative to Lennox Lewis. 13. ADJOURNMENT On motion, the meeting adjourned at 5:25 p.m. Janet Billett, AMCT Committee Administrator