city council meeting - lethbridge
TRANSCRIPT
CITY COUNCIL MEETING DATE: Tuesday, August 3, 2010 TIME: 1:30 PM PLACE: COUNCIL CHAMBERS
Copies of all documents are available from the Office of the City Clerk prior to the
meeting or on the City of Lethbridge Website at www.lethbridge.ca
Public is Welcome to Attend
A scheduled Break will occur at 2:30 PM Additional Breaks will be at the call of the Chair
City Administration Requests for Decision currently do not show signatures;
however, all hard copies have been signed and are available in the Office of the City Clerk
A G E N D A 1. CALL TO ORDER:
1.1 Invocation
1.2 Bouquets 2. ANNOUNCEMENTS:
2
3. CONSENT AGENDA:
Items listed under the Consent Agenda will be approved by one motion without debate. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion. Items containing issues or matters that require review or which present a conflict of interest for Council Members must be removed from the Consent Agenda and considered separately.
J.H.C. 3.1 Approval of Minutes of the City Council meeting held on Monday, July 19, 2010 and Public Hearing meeting July 19, 2010
3.2 Garth Sherwin, City Manager, re C-10-23, Invitation to Tender;
SunRidge Phase 3D, Underground Utilities and Surface Improvements
3.3 Follow-up Action List
4. ADOPTION OF AGENDA:
3
5. PRESENTATIONS:
1:45 PM T.H.W. 5.1 Chris Kearns, Public Safety Communications Centre Manager, Brian Cornforth, Fire Chief, Jeff Cove, Inspector, Lethbridge Regional Police Service, re Intergraph Common Computer Aided Dispatch (CAD) Project (See Submissions 6.3 and 6.4)
2:45 PM J.H.C. 5.2 Ahmed Ali, Transportation and Planning Manager, re Bylaw
5659, Regulation of Bicycles and Personal Conveyance Devices (See Bylaw Section 8.1)
3:15 PM S.G.W. 5.3 Brian McNaughton, President and Herman Elfring, Governor,
Lethbridge Hurricanes Hockey Club, re 2013 Master Card Memorial Cup
6. SUBMISSIONS:
M.A.S. 6.1 Diane Randell, Community and Social Development, re St. Vincent de Paul Funding Assistance Request
K.E.T. 6.2 Brian and Louis Basarowich, re Request for cancellation or
reduction of the 2010 property tax penalties for 1817 Scenic Drive South and 738 - 4th St. South #1-0-480-1817-0001 and #1-1-040-0738-0001 respectively (See Administrative Report Attached)
T.H.W. 6.3 Garth Sherwin, City Manager, re SC-10-45 - Sole Source;
Public Safety Communications Centre Common CAD Project
T.H.W. 6.4 Garth Sherwin, City Manager, re S-10-59 - Request for Proposal; Project Management Services - Implementation of a Computer Aided Dispatch (CAD) System
R.K.P. 6.5 Garth Sherwin, City Manager, re EQ-10-27 - Request for
Proposal; Live Fire Training System
R.D. 6.6 Garth Sherwin, City Manager, re SC-10-28.3 -, Request for Proposal; Furniture, Seating and Miscellaneous Office Accessories – Service Contract
4
7. OFFICIAL BUSINESS:
M.A.S./ R.K.P./R.D.
7.1 Uplands Sump Pump Issue
8. BYLAWS:
8.1 FOR FIRST READING:
J.H.C. BYLAW 5659
Regulation of Bicycles and Personal Conveyance Devices
8.2 FOR SECOND AND THIRD READING:
R.K.P. BYLAW 5658
Licensing, Control and Regulation of all Businesses or Industries within the City of Lethbridge - License Bylaw
9. INCAMERA REPORTS:
• Advice from Officials (FOIP Section 23) • Employee Relations (FOIP Section 23) 10. ADJOURN:
Date of City Council Meeting: July 19, 2010 Subject: ITT C-10-23; SunRidge Phase 3D, Underground Utilities and Surface
Improvements Submitted By: Garth Sherwin, CA
City Manager RECOMMENDATION: The recommendation of the Purchasing Manager to award the
above competition to the low bidder, McNally Contractors Ltd. of Lethbridge, AB is submitted for your consideration and approval.
PURPOSE: To provide construction services for the installation of Underground
Utilities and Surface Improvements in SunRidge, Phase 3D. FINANCIAL: The cost breakdown of the low bid is as follows:
Tender bid price $1,034,674.50 Contingency Sum @ 10% 103,467.45 GST Amount 56,907.10 Total Contract Amount Inc GST $1,195,049.05 Less 100% GST refunds 56,907.10 Net cost to the City of Lethbridge $1,138,141.95
Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________
REQUEST FOR DECISION
Procurement Recommendation Memorandum
Date: July 12, 2010
To: Craig Milley, Purchasing Manager From: Jim Matthews, Land Development Project Administrator Re: ITT C-10-23; SunRidge Phase 3D, Underground Utilities and Surface
Improvements DESCRIPTION OF PROJECT To provide construction services for the installation of Underground Utilities and Surface Improvements in SunRidge, Phase 3D. BACKGROUND The City of Lethbridge, Real Estate and Land Develpoment (RELD) commenced with the development of SunRidge in 2005 and has successfully completed Phases 1A-1B, 2, 3A and 3C. It is the intent of RELD to continue providing an adequate supply of lots for our builders and the citizens of Lethbridge. The Phase 3D tender was prepared by Stantec Consulting for Underground Utilities and Surface Improvements and the tender opening was July 9, 2010. SCOPE The successful Contractor will supply all materials, equipment, products, labour and transportation for the installation of Underground Utilities and Surface Improvements in SunRidge, Phase 3D. DELIVERABLES The work includes, but is not limited to the following components; A. Waterlines B. Storm mains C. Sanitary mains D. Catch basins and leads E. Lot Services F. Roadways and lanes G. Concrete H. Conduit I. Fencing J. Miscellaneous
OUTCOMES/EXPECTED RESULTS It is anticipated the Underground construction project will be completed late this Summer in an effort to have the lots ready for sale by the Fall of 2010. PROCESS The Invitation to Tender was publicly advertised on the City website and Alberta Purchasing Connection (APC) and was distributed to the Lethbridge, Calgary, and Edmonton Construction Associations. Tender packages were released to nine (9) general contractors and bids were received from the following three (3):
McNally Contractors Ltd. $ 1,195,049.05 Sorochan Enterprises Ltd. $ 1,256,658.36 Tollestrup Construction Inc. $ 1,307,813.00
GST Included We have reviewed the tender submitted by the low bidder and have confirmed that they have the capability to perform the work required. The tender complies with the bonding insurance, safety certification and schedule. RECOMMENDATION It is the recommendation of the Land Development Project Administrator and the Prime Consultant, Stantec Consulting Ltd. to award the above tender to the low bidder, McNally Contractors Ltd of Lethbridge, AB. COST BREAKDOWN The cost breakdown of the low bid is as follows: Total cost of this bid including GST $1,195,049.05 Less 100% GST refunds 56,907.10 Net cost to the City of Lethbridge $1,138,141.95 FUNDING SOURCE Subdivision Surplus SunRidge Subdivision Account
May
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July
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10
215
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July
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10
219
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/29/
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Cou
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Estim
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C
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Feb.
22/
1058
Subm
it ap
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app
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mR
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C
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Cou
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Oct
. 1/0
743
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Rea
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May
26/
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ater
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and
pr
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reco
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enda
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Cou
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June
15/
0925
1Le
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sign
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omm
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to C
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. 21/
0935
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prov
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Nov
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port
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Oct
. 5/0
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Sub
divi
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.E. L
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Dire
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Wor
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and
re
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com
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Jan.
25/
1018
Park
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OM
A Pl
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Pro
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affic
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Man
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Nov
. 15/
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min
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view
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park
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perm
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d pr
epar
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repo
rt ad
dres
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Cou
ncil's
con
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/29/
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Estim
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C
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ate
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Jan.
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0723
Sust
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2010
The
Envi
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Cou
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Stra
tegi
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itiat
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will
begi
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200
9.
Wat
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co
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1
Public Safety Communications Centre
Computer Aided Dispatching (CAD) P j tProject
August 3rd, 2010
Background
Dispatching Contract signed with Alberta Health Services for one year term May 2009.Services for one year term May 2009.
Dispatch revenues have been set aside over the past 16 months in anticipation of technology investments required to maintain seamless dispatching.
AHS began transfer planning to Calgary Public Safety Communications (PSC) December 2009 for cut over April 27th 2010April 27th 2010
Dave Mitchell & Associates completed a review of PSCC and made recommendations for future state, reported to Council October 5th 2009
7/30/2010
2
Update
• Minister of Health delayed transfer April 2010 due to concerns from Municipalitiesdue to concerns from Municipalities.
• Computer Aided Dispatch Software, Intergraph, selected by Alberta Health Services.
• AHS South Zone Communications Manager Appointment of Stephanie Nicholl July, 2010
• Staff review impacts of new dispatch model and options to maintain integration of Fire & EMS
Operational Pressures
› Lethbridge Fire and EMS currently on FDM CAD (acquired› Lethbridge Fire and EMS currently on FDM CAD (acquired prior to 1998)
› Lethbridge Regional Police currently on Intergraph CAD
› Calgary PSC uses Intergraph CAD
› ‘Contention’ for EMS units/staff by two dispatch centres and two dispatch systems
Different priorities; different alerting systems Different priorities; different alerting systems
› Requirement for a CAD CAD interface
› Single CAD objective
API‐3 decision, AHS decision
7/30/2010
3
Current vs. Calgary PSC Model
Dave Mitchell & Associates Ltd. 5
API 3
Alberta Police Integrated Information Initiative (API3) an initiative of the Solicitor General’s(API3) an initiative of the Solicitor General’s office.
Provide Alberta police agencies with common shared information systems.
Tendered with RFP – awarded to Sierra Systems.
Sierra systems have partnered with Intergraph to provide the CAD system.
7/30/2010
4
Next steps
Pending the outcome of our discussion and recommendation today…y
Continue with current separate software systems for Computer Aided Dispatch
Begin work with Consulting team on transfer to Intergraph CAD software
P f k t b i EMS di t hi t Prepare for work to begin on EMS dispatching to transfer to Calgary PSC
Costs & Funding
The overall project will cost $1 65 million The overall project will cost $1.65 million.
Including: Intergraph transition, version upgrade, radio interfaces, 1st year maintenance, other interfaces, project management, new hardware, testing and
i itraining.
Dispatch revenues generated over the last 16 months and into the fall will be sufficient to cover the costs of the project.
7/30/2010
5
Options
Consider New CAD software for entire Consider New CAD software for entire operations in PSCC
Continue with current separate software systems for Computer Aided Dispatch
Expand Intergraph software to incorporate Fire Operations
Request for Decision
Recommend that Council direct the administration to proceed with the Common CAD project.proceed with the Common CAD project.
That Council approve the sole source procurement of the Intergraph CAD expansion.
That Council approve the hiring of Smith Brownlee & Associates for the project management.
That Council approve engaging the supporting vendors i d t b ild th i t f t threquired to build the necessary interfaces to the
Common CAD system (Harris, Niche, FDM, Priority Dispatch, Locution).
7/30/2010
6
Questions
Date of City Council Meeting:
Subject: City of Lethbridge Bylaw 5659 for the regulation of bicycles and
personal conveyance devices. Submitted By: Ahmed Ali, P.Eng., PTOE, Transportation Planning Manager
RECOMMENDATION: Approve the replacement of the existing City of Lethbridge
Bicycle Bylaw 3515 by the new bylaw 5659 – A BYLAW OF THE CITY OF LETHBRIDGE TO PROVIDE FOR THE REGULATION OF BICYCLES AND PERSONAL CONVEYANCE DEVICES
PURPOSE: Existing Bylaw 3515 was adopted in 1979 and updated in
1986.
On October 1, 2007 City Council requested staff to undertake a review of the existing Bicycle Bylaw 3515 and prepare an updated bylaw to reflect the current practices in other cities and municipalities in Canada.
Urban Systems Limited (USL) was retained to undertake a review of bicycle bylaw and bikeways/bicycle lane standards.
A new bylaw for the regulation of bicycles and personal conveyance devices has been prepared based on the results of the bylaw review and comments from the general public at the Open House held from 4:00 to 8:00 PM on April 20, 2010 in the Culver City room at City Hall.
The purpose of this RFD submission is to report back to Council the results of review and recommend a new bylaw to replace the existing bicycle bylaw.
IMPLICATION OF RECOMMENDATION GENERAL: A comprehensive review of the bylaws from 16 Municipalities
and 6 Provinces across Canada has been undertaken in order to develop a new bicycle bylaw:
• to complement the City’s vision for pedestrian and bicycle mobility
• that is easy to understand • that is feasible to implement and • that provides an effective enforcement tool to
REQUEST FOR DECISION
complement the Alberta Traffic Safety Act (ATSA)
Considerations for the New Bicycle Bylaw:
• Effectiveness as an implementation and regulatory tool
• Ensuring that the bylaw does not serve to deter cyclists
• Aligns with the other City of Lethbridge plans, bylaws, and policies
What’s New in the Proposed Bylaw:
• Repeals the existing Bylaw 3515 and replaces it with a new Bylaw 5659 “A bylaw of the City of Lethbridge to provide for the regulation of bicycles and personal conveyance vehicles – skateboard, roller blades, roller skates, and wheeled skis”.
• Allows for cyclists to cycle on sidewalks when no other option is available (i.e., no bicycle lanes in the roadway or pathways along the roadways).
• Allows cyclists to cycle on Mayor Magrath Drive (the existing prohibition on Whoopup Drive between 5th St S and Jerry Potts Blvd W continues in the new bylaw).
• Requires all cyclists to wear a helmet (existing Alberta Traffic Safety Act (ATSA) requires anyone less than 18 years of age to wear helmet).
• Removes the requirement for bicycle licensing and license plate.
• Fines up to $50.00 • Inclusion of additional definitions and personal
conveyance (skateboards, wheelchair, wheeled skis) • Additional equipment safety requirements (brakes,
head lamp, tail lamp/reflector – repeated from ATSA)
ORGANIZATIONAL: City Bylaw Enforcement Staff and Peace Officers will provide
enforcement of the bylaw. Transportation infrastructure staff will develop bicycle lanes and complete the missing links on the pathways
FINANCIAL: N/A
IMPLICATION/ COMMUNICATIONS:
The bylaw changes will be communicated to the general public through the media advisory on City website, Lethbridge Herald and electronic media.
BRIEFING SHEET Legislation & Policy The existing bylaw 3515 will be repealed and a new bylaw
5659 will be adopted.
Plans N/A
Options 1. Take no action – continue Bylaw 3515 2. Repeal Bylaw 3515 and adopt the new bylaw 5659 3. Repeal Bylaw 3515 and adopt the new bylaw 5659
after adopting (some) changes to the proposed bylaw 5659
Recommended Option Repeal Bylaw 3515 and adopt the new Bylaw 5659
Public Participation An open house was held from 4:00 to 8:00 PM on April 20, 2010 in the Culver City room to present the results of the review process and gather community input for consideration in the new bicycle bylaw for the City of Lethbridge
A total of 53 people attended the open house including representatives from local cycling clubs
There were 33 comment sheets submitted along with 7 e-mails with comments regarding the proposed Bicycle Bylaw
Approximately 180 written comments were received regarding the proposed Bicycle Bylaw
Risk Analysis The existing bylaw 3515 is outdated and some of the clauses are not enforceable. The new bylaw 5659 will promote cycling and provide for safety of the cyclists and other users of the pathways and sidewalks in the City of Lethbridge.
Reports / Documents Attached is a power presentation outlining the review
process and results.
Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________
Revision Date & Time: July 21, 2010
City Council Meeting Monday, October 1, 2007 • Darwin Juell, Transportation Manager, re Bicycle Corridors and
Bicycle/Pedestrian Corridors 650-A
R.D. TARLECK:
WHEREAS City Council at their Regular Meeting of September 5, 2006 requested the Administration to plan to incorporate bicycle corridors into future roadway projects, including but not limited to North Scenic Drive AND WHEREAS CITY COUNCIL also requested that the Administration examine Bylaws enacted by other cities, with a view to determining whether a cycling Bylaw may be useful in promoting responsible bicycle use in the City THEREFORE BE IT RESOLVED THAT the report from the Administration regarding Bicycle/Pedestrian Corridors submitted be received as information and filed AND FURTHER THAT THE Administration be directed to update the current Bicycling Bylaw 3515 by September 2008.
-------------------------CARRIED ACTION: Infrastructure Services, City Solicitor, City Treasurer
………………………………..
7/30/2010
1
Bylaw 5659For the regulation of Bicycles and Personal Conveyance Devices
August 3, 2010
City of Lethbridge Bicycle Bylaw Review
Existing bylaw 3515 ‐ adopted in 1979, updated in 1986
On October 1, 2007 City Council requested Staff to d t k i f th i ti bi l b l 3515 d
Introduction:
undertake a review of the existing bicycle bylaw 3515 and prepare an updated bylaw to reflect the current practices in other cities and municipalities in Canada
Urban Systems Limited (USL) was retained to undertake a review of bicycle bylaw and bikeways/bicycle lane standards.
7/30/2010
2
City of Lethbridge Bicycle Bylaw Review
Introduction:
A Public Open House was held on Tuesday, April, 20, 2010 between 4:00 PM to 8:00 PM to present the results of the review process and gather community input for consideration in the new bicycle bylaw for the City of Lethbridge
Reviewed bylaws from 16 Municipalities and 6 Provinces across Canada
City of Lethbridge Bicycle Bylaw Review
Introduction:
This Bylaw Review has been undertaken in order to develop a new bicycle bylaw:
to complement the City’s vision for pedestrian and bicycle mobility
that is easy to understand
that is feasible to implement and
that provides an effective enforcement tool to complement the Alberta Traffic Safety Act (ATSA)
7/30/2010
3
Bicycles require license plates
Prohibits riding on sidewalks, boulevards, and in
Existing Bylaw:
City of Lethbridge Bicycle Bylaw Review
Prohibits riding on sidewalks, boulevards, and in cemeteries
Prohibits parking of bicycles on sidewalks unless it is parked upright by use of racks, stands, or kick stands
Prohibits when the roadway is icy, slippery, or dangerous for travel
Does not repeat anything already covered in the Alberta Traffic Safety Act
A person operating a bicycle on a highway has all the rights and is subject to all the duties of a person driving a motor vehicle (within the roadway)
Provincial Law (Alberta Traffic Safety Act):
City of Lethbridge Bicycle Bylaw Review
motor vehicle (within the roadway)
Requires those under the age of 18 to wear a helmet
Requires lights and reflectors for night riding
7/30/2010
4
Requires the bicycle to be equipped with a working brake
Ride as far to the right side of the road as practicable
Provincial Law (Alberta Traffic Safety Act):
City of Lethbridge Bicycle Bylaw Review
Ride as far to the right side of the road as practicable
Limitations on stunting
Prohibition on riding abreast
Prohibitions
•Stunting
Bicycle Bylaws in Surveyed Jurisdictions:
City of Lethbridge Bicycle Bylaw Review
Stunting
•No headphones while cycling (Vancouver only)Regulations
•Locations (specific roads/areas) on which cycling is allowed•Bicycle Parking
Helmet requirement in many jursidictionsHelmet requirement in many jursidictions
7/30/2010
5
Safety Equipment
•Helmets
Bicycle Bylaws in Surveyed Jurisdictions:
City of Lethbridge Bicycle Bylaw Review
•Lights and reflectors•Bell or horn
Some cities reiterate points from provincial legislation
A challenge to enforce bicycle bylaws in most jurisdictions
An open house was held from 4:00 to 8:00PM on April 20, 2010
Public Consultation:
City of Lethbridge Bicycle Bylaw Review
Lethbridge Cycling Groups were sent email invitations
General public invited by PSAs
A total of 53 people attended the open house including representatives from local cycling clubs
33 comment sheets and 7 e‐mail comments
A total of over 180 written comments
7/30/2010
6
Open House Comments:
City of Lethbridge Bicycle Bylaw Review
Remove the clause prohibiting cycling when the surface is icy, slippery and dangerous
Adults accompanying children shall be allowed to ride on side‐walks
Remove prohibition on riding on Mayor Magrath Drive
Require helmets for all riders
Change wording to be more positive (do not use “shall not” Change wording to be more positive (do not use shall not words in the bylaw)
Open House Comments:
City of Lethbridge Bicycle Bylaw Review
Support removing bicycle licensing
Remove personal conveyance devices from the bylaw Remove personal conveyance devices from the bylaw
Keep bicycle bylaw violation fine similar to parking fines
Many others commented on the need for the construction of bicycle lanes, pathways, and parking facilities for bicycles
7/30/2010
7
Shall meet and exceed the requirements of provincial legislation
Considerations for the New Bicycle Bylaw:
City of Lethbridge Bicycle Bylaw Review
Effectiveness as an implementation and regulatory tool
Ensuring that the bylaw does not serve to deter cyclists
Align with other City of Lethbridge plans, bylaws, and policies
Repeals the existing Bylaw 3515 and replaces it with a new Bylaw 5659 “A bylaw of the City of Lethbridge to provide for
What’s New in the Proposed Bylaw:
City of Lethbridge Bicycle Bylaw Review
the regulation of bicycles and personal conveyance Devices”
Allows for cyclists to cycle on sidewalks when no other option is available (i.e., no bicycle lanes in the roadway or pathways along the roadways).
Allows cyclists to cycle on Mayor Magrath Drive (the existing prohibition on Whoopup Drive between 5th St S andexisting prohibition on Whoopup Drive between 5 St S and Jerry Potts Blvd W continues in the new bylaw).
7/30/2010
8
Requires all cyclists to wear a helmet
Removes the requirement for bicycle licensing and
What’s New in the Proposed Bylaw:
City of Lethbridge Bicycle Bylaw Review
Removes the requirement for bicycle licensing and license plate.
Fines up to $50.00
Inclusion of additional definitions and personal conveyance devices (skateboards, wheelchair, wheeled skis)
Additional equipment safety requirements (brakes, head lamp, tail lamp/reflector – repeated from ATSA)
The existing prohibition on Whoopup Drive between 5th St S and Jerry Potts Blvd W continues in the new bylaw
What’s Not Changed in the Proposed Bylaw:
City of Lethbridge Bicycle Bylaw Review
Restrictions on cycling on roadway when a pathway is present along the roadway
Bicycle parking regulation
7/30/2010
9
Once the Bylaw 5659 is approved by the City Council, Staff would initiate efforts to educate the general public
Next Steps:
City of Lethbridge Bicycle Bylaw Review
on the changes in and the requirements of the new bylaw
The bylaw changes will be communicated through the media advisory on City website, Lethbridge Herald and electronic media
In the current year, the City is in the process of implementing bicycle lanes and bicycle route on 13 St
Next Steps:
City of Lethbridge Bicycle Bylaw Review
between 23 Ave N‐4 Ave S and completing the missing links on the pathway along the Scenic Drive
Bicycle lanes/routes on the remainder of 13 St., and 10 Ave S, identified as project C‐9 in the approved CIP will be undertaken during the next 3 years
Ongoing annual funding will allow the City to undertakeOngoing annual funding will allow the City to undertake bicycle lanes/routes on 3 Ave S, 9 Ave S and other routes identified in the Bikeways/Pathways Master Plan
7/30/2010
10
Since the clause pertaining to cycling on sidewalks is reversed in the proposed bylaw, several signs allowing
Next Steps:
City of Lethbridge Bicycle Bylaw Review
cycling on sidewalks will be removed and many others prohibiting cycling on sidewalks will need to be installed
City Bylaw Enforcement Staff and Peace Officers will provide enforcement of the bylaw
1
Date of City Council Meeting: August 3, 2010
Subject: St. Vincent de Paul Funding Assistance Request
Submitted By: Diane Randell, Manager, Community & Social Development
RECOMMENDATION: THAT the request by St. Vincent DePaul for a one-time
funding assistance in the amount of up to $15,000 for transitional funding to the end of this fiscal year be approved with funding from the Affordable Housing Fund; and FURTHER THAT the matter of longer term funding support be referred to Social Housing in Action for consideration within the Rapid Re-housing and Housing Support program; and FURTHER THAT Mayor Tarleck forward a letter to the Minister Thomas Lukaszuk, Alberta Employment and Immigration and Minister Denis, Housing and Urban Affairs regarding the significant financial impact on the not-for-profit agencies that provide emergency housing assistance as a result of the discontinuation of the Homelessness Eviction and Prevention Fund and recent changes in the eligibility of people receiving emergency income support.
PURPOSE: To provide administrative follow-up as requested by City
Council following the presentation by Mr. Frank Peta on behalf of the St. Vincent de Paul requesting funding assistance in the amount of $15,000.
IMPLICATION OF RECOMMENDATION GENERAL: St. Vincent de Paul provides emergency support to people
living with low incomes and homelessness. St. Vincent de Paul requests funding assistance in the amount of $15,000 to offset the costs incurred over the donations received during the year.
ORGANIZATIONAL: City Council recently approved the budget as presented by
Social Housing in Action to support the Service Delivery Plan for 2010-11. Within that budget, $120,000 was allocated to Rapid re-housing and housing support initiatives. This can
REQUEST FOR DECISION
2
include the provision of emergency housing support assistance to prevent homelessness.
FINANCIAL: Request by St. Vincent de Paul for financial assistance in the
amount of $15,000 to offset costs for emergency funding. IMPLICATION/ COMMUNICATIONS:
The financial assistance requested by St. Vincent de Paul would be to offset the overage in costs over the donations received in the past year. Other organizations in Lethbridge provide similar emergency funding. These including the Canadian Red Cross, Salvation Army and the faith community. These organizations have also experienced the impact of the public social services and the cutbacks through the Alberta Works program.
BRIEFING SHEET Legislation & Policy Social Policy
Plans ‘Bringing Lethbridge Home’ 5 Year Plan to End
Homelessness and the Service Delivery Plan 2010-11 Options Option 1. Do not provide financial assistance as requested
by St. Vincent de Paul Option 2. Provide one-time funding assistance to a maximum amount of $15,000 through the Affordable Housing Fund, City of Lethbridge for transitional funding to the end of this fiscal year. Option 3. Refer the matter for longer term funding support to Social Housing in Action for consideration within the Rapid Re-housing and Housing Support program 2010-11.
Recommended Option Option 2 & 3. A combination of these options will provide
both an immediate and the potential for longer term funding support. The intent of the Rapid Re-housing and Housing Support Program is to provide a mechanism to prevent homelessness and provide emergency housing support within the Housing First program. These funds are available through a provincial homelessness grant under Housing and Urban Affairs. A request for Letters of Intent from stakeholders will occur. The allocation of funds will comply with predetermined criteria and the program will be monitored for impact and effectiveness.
3
Public Participation Overall, community and stakeholder consultation occurred for the development of the 5 Year Plan and the Housing First program.
Risk Analysis Monitoring and evaluation will occur as determined by Social
Housing in Action and compliance with the policies of the City of Lethbridge. As other agencies also provide this support in the community, a precedent for other requests could occur.
Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________
Revision Date & Time:
Date of City Council Meeting: August 3, 2010
Subject: Request for cancellation or reduction of the 2010 property tax penalties
for 1817 Scenic Drive South and 738 4th St. South #1-0-480-1817-0001 and #1-1-040-0738-0001 respectively.
Submitted By: Stan Dilworth, Assessment & Taxation Manager
RECOMMENDATION: City Council denies a cancellation or reduction of the 2010
property tax penalties for these properties PURPOSE: Only City Council, under the authority of section 347 of the
Municipal Government Act (MGA) can cancel a tax penalty where City Council considers it equitable to do so. City Council has developed criteria for tax adjustments under the Tax Adjustments and Rebates Policy and delegated authority to the Administration to process these adjustments for eligible properties. This request for cancellation or reduction of the 2010 penalty for late payment does not meet the criteria for Cancellation of Tax Related Charges for Compassionate Reasons outlined in City Council’s policy. The Basarowichs sent a 2010 tax payment cheque post-dated to June 30, 2010 to the City prior to the deadline for tax payment. The cheque was posted on June 30, 2010 and it was returned to the City on July 12th 2010 because the account had been closed. The Tax Accounting staff with assistance from another City department contacted the owner on July 21 to inform them of the non payment. If the cheque had not been post dated, it would have been posted when it was received and the Tax Accounting Unit may have had sufficient time to contact the Basarowichs in time to correct their error prior to the June 30, 2010 due date. A 12% penalty of $ 254.46 and $525.23 as well as $40.00 of bank returned service fees were applied on July 1 in accordance with the Incentives for Prepayments, Penalty and Tax Deferral Bylaw 5621 and the Property Assessment and Taxation Fee Bylaw 5553. As of July 28, 2010, the accounts remain outstanding in the amounts of $2,308.00 and $4,937.12. The Basarowichs indicated in their letter that they were sending payment on July 26, 2010. The owners are requesting City Council to cancel or reduce the penalties because they are excessive. They were also subject to penalty in 2009. The Basarowichs have declined to enrol in the Tax Instalment Payment Plan (TIPP) program.
REQUEST FOR DECISION
IMPLICATION OF RECOMMENDATION GENERAL: In accordance with the Incentives for Prepayments, Penalty
and Tax Deferral Bylaw 5621, 2010 penalties have been applied to 1754 accounts where the owners failed to pay their property tax by the June 30, 2010 deadline.
IMPLICATION/ COMMUNICATIONS:
Tax accounting staff have been in contact with the Basarowichs informing them that the Administration does not have the authority to waive a penalty.
BRIEFING SHEET Legislation & Policy Only City Council under the authority of section 347 of the
MGA can cancel a tax penalty where City Council considers it equitable to do so. City Council has developed criteria for tax adjustments under the Tax Adjustments and Rebates Policy and delegated authority to the Administration to process these adjustments for eligible properties. This request for cancellation or reduction of the 2010 penalty for late payment does not meet the criteria for Cancellation of Tax Related Charges for Compassionate Reasons outlined in City Council’s policy
Options (1) City Council can deny the request to cancel the property
tax penalties. (2) City Council can cancel all or a portion of the 2010 tax
penalties in the amounts of $254.46 and $525.23.
Recommended Option (1) City Council denies the request to cancel the 2010 property tax penalties.
Risk Analysis If City Council chooses to cancel or reduce the 2010
property tax penalties, it may set a precedent for additional requests from other delinquent ratepayers.
Submitted By: Stan Dilworth _____________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________
Date of City Council Meeting: August 3, 2010 Subject: SS SC-10-45; Public Safety Communications Centre Common CAD Project Submitted By: Garth Sherwin, CA
City Manager RECOMMENDATION: The recommendation of Administration to award the above sole
source project to Intergraph Canada Ltd. of Calgary, AB is submitted for your consideration and approval.
JUSTIFICATION: New West Partnership Agreement (NWPA) – Legitimate Objectives –
Part II, Article 6 permits discriminatory procurement practices based on legitimate objectives where:
(a) The purpose of the measure is to achieve a legitimate objective (public security, safety, public order, protection of human, animal or plant life or health, protection of the environment consumer protection, protection of workers, affirmative action programs)
(b) The measure is no more trade restrictive than necessary; and (c) Does not create a disguised restriction on trade.
PURPOSE: Expand the existing Intergraph Computer Aided Dispatch (CAD)
system used for police call taking and dispatching in the Public Safety Communications Centre (PSCC) to incorporate the call taking and dispatching of the fire operations in the PSCC. This project will replace the use of the existing FDM CAD system in the PSCC and upgrade the existing version of the Intergraph CAD system currently in use for police operations.
FINANCIAL: The cost breakdown of the bid is as follows:
Total cost of this bid including GST $857,182.20 Less 100% GST refunds 40,818.20 Net cost to the City of Lethbridge $816,364.00
Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________
REQUEST FOR DECISION
Procurement Recommendation Memorandum
Date: July 14, 2010
To: Craig Milley, Purchasing Manager From: Chris Kearns, PSCC Manager Re: SC-10-45, Public Safety Communications Centre Common CAD Project –
Sole Source DESCRIPTION OF PROJECT Expand the existing Intergraph Computer Aided Dispatch (CAD) system used for police call taking and dispatching in the Public Safety Communications Centre (PSCC) to incorporate the call taking and dispatching of the fire operations in the PSCC. This project will replace the use of the existing FDM CAD system in the PSCC and upgrade the existing version of the Intergraph CAD system currently in use for police operations. BACKGROUND The Public Safety Communications Centre (PSCC) dispatches Lethbridge Regional Police Service, Lethbridge Fire and Emergency Services, and 22 rural fire and EMS agencies. Calls for service are entered into a Computer Aided Dispatch or a CAD system. The CAD system is designed to store the caller and situation information, track the resources dispatched and record the outcome of the incident. Currently the PSCC utilizes two separate CAD systems – FDM for Fire/EMS incidents and Intergraph for police incidents. Each of these respective hardware/software systems interfaces with a number of other systems and applications. The overall project is the implementation and transitioning of the existing Intergraph CAD system into the fire dispatch operations and changing the call taking model currently utilized in the PSCC. The current set up of the two CAD systems limits a communications specialist to only take either a police call or a fire call, depending on whether they are at a fire workstation or a police workstation – they are unable to do both. Furthermore, if the fire or police communications specialists are tied up on the telephone, there is no one available to dispatch the call. For example, if there are two communications specialists working on the “fire side” of the PSCC, and both are tied up, the next fire call can’t be handled until one is finished – even if the police communications specialists are available. It also means that an incident can’t be dispatched until one of them gets off the telephone – this is a vertical call taking / dispatch model. If the PSCC is operating off of a common CAD system, the call taking / dispatching model can be changed. Designated call takers can answer all calls and create incidents for any case type – Fire/EMS or Police. Designated dispatchers can dispatch the incidents while the call taker is still on the telephone – this is a horizontal call taking / dispatch model. If the call takers are all tied up, a dispatcher can quickly switch roles and answer the incoming phone calls and vice versa.
The Province of Alberta is in the process of centralizing ambulance dispatch provincially into three dispatch centres. Through their contracted service provider, they will be dispatching City of Lethbridge Fire and Emergency Services ambulances to medical calls throughout the City and the surrounding area. The PSCC will continue to provide dispatch services for all Fire incidents and medical first response. The City of Lethbridge’s model is to send ambulances to fire calls (due to minimum manning required at fire incidents), therefore, it is important for the PSCC to have knowledge of the City’s ambulance utilization. Alberta Health Services will be using Intergraph for their CAD needs. The Alberta Government’s Department of Justice has also recently conducted an RFP process to determine a provincial records management and CAD system for all police agencies in the Province. Intergraph was the selected vendor for CAD. It is intended that all of the police CAD systems will be either on the same platform or able to communicate to a central CAD system. SCOPE The scope of the project is to have Intergraph upgrade the existing police CAD and expand it to incorporate fire dispatching operations. Part of this project will involve updating the police interfaces to other software applications (Police records management, Canadian Police Information Centre, etc.) As well, interfaces will have to be developed for the related fire applications such as the Harris radio system, the FDM Records management system and the Priority Dispatch Call taking protocols. Intergraph will be responsible for the implementation, the training and assisting with the system architecture and design. DELIVERABLES The deliverables for this project are as follows:
(1) Version upgrade of the existing Intergraph CAD. (2) Implementation of upgraded CAD to the Fire operations of the PSCC. (3) Implementation of necessary interfaces and upgrades to existing interfaces. (4) Training of IT staff. (5) Training of front end communications specialists. (6) An InterCAD interface between the PSCC and the City of Calgary’s PSC.
OUTCOMES/EXPECTED RESULTS The end result will be a functioning single instance Computer Aided Dispatch system for both Police and Fire Emergency Services operations in the PSCC. The Communications Specialists will be trained and able to seamlessly enter pertinent information into the CAD system, in one instance, to be utilized for either police and/or fire incidents. Once Alberta Health Services resumes the EMS dispatch transition, it is expected that the PSCC will seamlessly interface with the City of Calgary’s communications centre. RECOMMENDATION It is the recommendation of the PSCC Manager to award the sole source project to Intergraph Canada Ltd. of Calgary, AB. JUSTIFICATION New West Partnership Agreement (NWPA) – Legitimate Objectives – Part II, Article 6 permits discriminatory procurement practices based on legitimate objectives where:
(a) The purpose of the measure is to achieve a legitimate objective (public security, safety, public order, protection of human, animal or plant life or health, protection of the environment consumer protection, protection of workers, affirmative action programs)
(b) The measure is no more trade restrictive than necessary; and (c) Does not create a disguised restriction on trade.
It is vitally important to have a fully functioning and simple interface between the Alberta Health Services ambulance dispatch centres and the PSCC. The PSCC employees need to know where the Lethbridge Fire and Emergency Services ambulances are at any given time because they may be required for a Fire incident. Furthermore, depending on the availability of an ambulance, it may be more appropriate to send a medical first response in the form of a fire apparatus. The Calgary PSC (contracted to Alberta Health Services) and the PSCC must be able to easily transfer call data between their two centres. Although an interface can be developed between two different CAD solutions, an interface has already been developed by Intergraph to communicate between two of their CAD systems. This product is called InterCAD. The Department of Justice has also awarded a contract to Intergraph to implement a Province wide CAD platform for policing agencies. It is required that the Lethbridge Regional Police Service (LRPS) be on an Intergraph CAD system. There is a desire to have both police operations and fire operations on the same system, for a variety of reasons:
• Improved response time of emergency equipment, • Decreased training time of PSCC staff, • Minimized redundant data entry, • Streamline protocols within the PSCC,
Intergraph does not resell their equipment through third parties; therefore, they are the only vendor selling their product. COST BREAKDOWN The cost breakdown of the bid is as follows: Total cost of this bid including GST $857,182.20 Less 100% GST refunds 40,818.20 Net cost to the City of Lethbridge $816,364.00 FUNDING Operating Reserve and 2010 Dispatch Operations
Date of City Council Meeting: August 3, 2010 Subject: RFP S-10-59; Project Management Services - Implementation of a CAD
Dispatch System Submitted By: Garth Sherwin, CA
City Manager RECOMMENDATION: The recommendation of the Purchasing Manager to award the above
Request for Proposal to the highest evaluated proponent, Smith Brownlee and Associates Inc. of Courtenay, BC is submitted for your consideration and approval.
PURPOSE: To select the most qualified consultant to move the Fire dispatching
operations from the FDM CAD system to the Intergraph CAD system and change the call taking model in the PSCC from vertical to horizontal.
FINANCIAL: The cost breakdown of the proposal is as follows:
Total cost of the contract including GST $374,178 Less 100% GST refunds 17,818 Net Cost to the City of Lethbridge $356,360
Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________
REQUEST FOR DECISION
Procurement Recommendation Memorandum
Date: July 13, 2010 To: Craig Milley, Purchasing Manager From: Chris Kearns, Manager, Public Safety Communications Centre Re: S-10-59; Project Management Services for the Implementation of a Common
Computer Aided Dispatch (CAD) System DESCRIPTION OF PROJECT To select the most qualified consultant to move the Fire dispatching operations from the FDM CAD system to the Intergraph CAD system and change the call taking model in the PSCC from vertical to horizontal. BACKGROUND The Public Safety Communications Centre (PSCC) dispatches Lethbridge Regional Police Service, Lethbridge Fire and Emergency Services, and 22 rural fire and EMS agencies. Calls for service are entered into a Computer Aided Dispatch or a CAD system. The CAD system is designed to store the caller and situation information, track the resources dispatched and record the outcome of the incident. Currently the PSCC utilizes two separate CAD systems – FDM for Fire/EMS incidents and Intergraph for police incidents. Each of these respective hardware/software systems interfaces with a number of other systems and applications. The overall project is the implementation or transitioning of the existing Intergraph CAD system into the fire dispatch operations and changing the call taking model currently utilized in the PSCC. The current set up of the two CAD systems limits a communications specialist to only take either a police call or a fire call, depending on whether they are at a fire workstation or a police workstation – they are unable to do both. Furthermore, if the fire or police communications specialists are tied up on the telephone, there is no one available to dispatch the call. For example, if there are two communications specialists working on the “fire side” of the PSCC, and both are tied up, the next fire call can’t be handled until one is finished – even if the police communications specialists are available. It also means that an incident can’t be dispatched until one of them gets off the telephone – this is a vertical call taking / dispatch model. If the PSCC is operating off of a common CAD system, the call taking / dispatching model can be changed. Designated call takers can answer all calls and create incidents for any case type – Fire/EMS or Police. Designated dispatchers can dispatch the incidents while the call taker is still on the telephone – this is a horizontal call taking / dispatch model. If the call takers are all tied up, a dispatcher can quickly switch roles and answer the incoming phone calls and vice versa.
The project is technical in nature and deals with a number of vendors. The vendors all need to work together to build their respective interfaces. The PSCC staff and the City of Lethbridge IT departments who manage the IT resources for the PSCC do not have the technical expertise, nor do they have the time to manage a project of this complexity. The development of the operational model to transition to a horizontal call taking / dispatching model will also be resource intensive and is best resourced outside of the organization. SCOPE The scope of work for the consultant will include the project management of the common Intergraph CAD implementation and the transition to a horizontal call taking / dispatch model. DELIVERABLES
a) Implementation of a Common Intergraph CAD solution; b) Business continuity and support model review; and c) Implementation of a horizontal call taking /dispatch model.
OUTCOMES / EXPECTED RESULTS The outcomes / expected results of the project management are:
a) An architected CAD system that meets the requirements of the Lethbridge Fire and Emergency Services, the Lethbridge Regional Police Service, and the Canadian Police Information Centre (CPIC).
b) A smooth transition from the FDM Fire CAD to the Intergraph CAD for Fire Operations. c) A fully implemented and documented training process for the communications specialist,
prior to the “go-live” of the operational aspects of using Intergraph for Fire dispatching. d) An implemented horizontal call taking/dispatching model that the PSCC staff are
comfortable and confident with. e) A plan and understanding of the necessary requirements for future integration of the
CAD system with Alberta Health Services. f) A business continuity plan for the new integrated CAD system taking into account the
backup systems already in place in the PSCC. PROCESS A Request for Proposal (RFP) was publically advertised on the City website and the Alberta Purchasing Connection (APC). Documents were released to twenty five (25) vendors and two (2) submissions were received from:
• Smith Brownlee & Associates Inc. • Barkwell Holland Group Inc.
The proposals were evaluated against the following criteria and weightings:
Criteria Score eWeightt Sub-Total Project Team /10 3.0 30 Project Comprehension /10 2.0 20 Resource Allocation /10 2.0 20 Innovation /10 1.0 10
Project Control /10 2.0 20 Total 100
Smith Brownlee and Associates Inc. were ranked the highest. RECOMMENDATION It is the recommendation of the evaluation committee to award the above Request for Proposal to the highest evaluated proponent, Smith Brownlee and Associates Inc. of Courtenay, BC. COST BREAKDOWN The cost breakdown of the proposal is as follows: Total cost of the contract including GST $374,178 Less 100% GST refunds 17,818 Net Cost to the City of Lethbridge $356,360 FUNDING SOURCE 2010 Dispatch Operations
Date of City Council Meeting: August 3, 2010 Subject: RFP EQ-10-27; Live Fire Training System Submitted By: Garth Sherwin, CA
City Manager RECOMMENDATION: The recommendation of Administration to award the above Request
for Proposal to the highest evaluated proponent, Draeger Safety Canada Ltd. (of Kingston, ON) is submitted for your consideration and approval.
PURPOSE: The supply of propane fuelled, computer controlled, Live Fire
Training System to be installed in the Station #4 training tower. FINANCIAL: The cost breakdown of the highest evaluated proposal is as follows:
Total cost of this proposal including GST $560,175 Less 100% GST refunds 26,675 Net cost to the City of Lethbridge $533,500
*And further that the Project Manager be given the authority to manage a contingency amount of $75,000.00 net GST.
Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________
REQUEST FOR DECISION
Procurement Recommendation Memorandum
Date: July 14, 2010 To: Craig Milley, Purchasing Manager From: Warren McEwen; Fire Training Officer Re: RFP EQ-10-27, DESCRIPTION OF PROJECT This project is to purchase propane fueled training props to be installed in the Station 4 training tower as part of the capital budget initiatives. The project will also include outside propane props and a waste water collection system to ensure proper disposal of waste water from the training facility. BACKGROUND The Lethbridge Fire and Emergency Services provide live fire training in our existing training facility but must burn class A combustibles to do so. Converting the tower to propane fueled fires will enhance the learning experience and make the training delivered safer. With the use of our training facility we can ensure our fire fighters are well prepared to fight fires and protect the citizens of Lethbridge. A live fire training facility is a way to efficiently train all fire department personnel for their roles at working fires and teach our officers in their role as Incident Command. The key components of this project is the acquisition of propane fueled training props and to ensure we are following the substance release policy of the City of Lethbridge, by capturing all runoff water and diverting it into the sanitary sewage system.. The propane props technology is capable of providing safe fire training while maintaining a high degree of realism and flexibility to our training evolutions. The water capture system addresses our responsibility to ensure that we are thinking green and controlling the water that is used during live fire training. Currently we have an existing training tower that was equipped with heat resistant tiles to protect the concrete structure. We will be equipping the first and second floors of the four story structure with burn rooms to simulate a kitchen fire on the first floor and a bedroom fire on the second floor. The second floor burn room will be set up with a multi-prop configuration that allows use of inter-changeable props on that floor. This project will also include outside propane fueled props. These will consist of an interchangeable burn base and props consisting of a car, 250 gal. propane tank, 45 gal. drums and a BBQ prop. These external props will enhance our training by simulating specific fire scenarios.
With the addition of the new propane props in our existing training facility we will be capable of ensuring adequate fire and rescue training to our operational staff. This investment will also be available to rent for other regional fire services for their training needs. These props and changes to our class room area in the renovated station will serve our operations for many years and provide a realistic and safe learning environment. SCOPE The scope of work will include the supply, delivery and implementation of a Live Fire Simulation System fully functioning in our current training facility at Station 4. It will also include the full servicing of the training tower with appropriate power and propane services. We are also installing a training ground water capturing system to ensure we meet the Alberta Environment Act for Air and Water regulations and that we align with the substance release bylaw of the City of Lethbridge. DELIVERABLES The successful proponent will supply the City of Lethbridge with the following: • Live Fire Simulations Systems including simulators, props, control system, safety
devices and manuals • Consultation with LFES to provide correct specifications for contract work in the
LFES scope to prepare the site for the Live Fire Simulation System • Consultation with LFES contractors to ensure that this work is completed correctly • Engineering, manufacturing, factory testing and shipment of Live Fire Simulation
System to Lethbridge • Installation of Live Fire Simulation System, site testing, training, and 3rd party field
inspection against CAN/CSA B149.2 • System documentation and operating procedures • Licensing as required • Support for the period of warranty coverage • Ongoing maintenance and support OUTCOMES/EXPECTED RESULTS 1. The Live Fire Simulation System will provide a safe and realistic training platform to
ensure our Fire Fighters are competent in fire attack and search and rescue. 2. We will provide environmentally friendly fire training both through the use of
propane fuel and the capture of water runoff from the training ground. 3. An ability to look at becoming a state of the art regional training facility in Southern
Alberta. PROCESS A Request for Proposal (RFP) was publicly advertised on Alberta Purchasing Connection (APC) and the city’s website. Documents were released to vendors and three (3) submissions were received from:
• Draeger Safety Canada Ltd. • Kidde Fire Trainers • Prosafe Fire Training Systems Inc.
Proposals were evaluated against the following criteria and weightings: STAGE - 1
Max. Points
Weight
Max. Score
1. Specification Conformance 10 1.0 10 2. Demonstrated Experience/Qualifications 10 1.0 10 3. Cost of Proposal 10 2.0 20 4. Project Plan, Approach & Control 10 2.0 20 5. Ongoing Support and Maintenance 10 1.5 15 Subtotal 75 STAGE - 2 Max.
Points Weight
Max. Score
6. Demonstration of proposed system 10 2.5 25 Maximum Total Points 100
The evaluated scores ranged from 76.5/100 to 83/100 and the proposal from Draeger Safety Canada Ltd. was ranked the highest. The submitted costs of the proposals ranged from $376,940.00 to $533,500.00 GST Excluded.
We have reviewed the proposals submitted and have confirmed that they have the capability to perform the work required. The proposal meets the required design specifications and the implementation schedule is reasonable. Draeger was leading in the evaluations with their attention to our objectives and detail to safety in the monitoring system for all crucial components. The Drager fail safety systems could be continuously viewed on screen in the control room, all burn props are monitored on independent screen, this provides for simultaneously viewing for safety. A third party independent review of the installed equipment was only provided by Drager which meets ISO9000 requirements. Drager was the only company that came to Lethbridge view our training tower facility to ensure they understood the requirements of the tender and our specific needs like adding extra propane gas sensors for safety and possible hazard areas. As part of our review we conducted sites visits and functional testing of all vendors products. During our site visits of all five of the burn facilities in the Toronto/Detroit area our Training Officer, Equipment Technician and Field Trainer thoroughly evaluated vendor products. Draeger was very focused on our tender objectives and safety concerns on operations and design. They provided a design engineer to our staff during the tours to answer any questions and clarify any design criteria we had specified in our tender. A significant portion of the scoring on this project was used to evaluate the operations of the three different bidder’s props. Overwhelmingly the tower props presented by Draeger outperformed their competitors. The criteria for evaluating the props focused on safe and realistic training. We assessed all components as well as the long term functionality and
life cycle. The aspect of maintenance and operating cost were evaluated and our satisfaction with Dragers performance and feedback from references was very positive. The air exchange system and the smoke generation features of the Draeger props were extremely functional and will ensure a safe operational environment for our staff. The systems used a three stage fan to exhaust smoke and heat that gave the training officer operator the ability to create realistic scenarios and provide a high degree of safety at all times. The use of a unique inlet air and smoke delivery system made the smoke produced realistic and dense enough as to provide very intense training conditions. RECOMMENDATION It is the recommendation of the Evaluation Team to award the above Request for Proposal to the highest evaluated proponent, Draeger Safety Canada Ltd. of Kingston, ON. TOTAL COST The cost breakdown of the highest evaluated proposal is as follows: Total cost of this proposal including GST $560,175 Less 100% GST refunds 26,675 Net cost to the City of Lethbridge $533,500 *And further that the Project Manager be given the authority to manage a contingency amount of $77,500.00 net GST. FUNDING SOURCE Municipal Sustainability Initiative (MSI) Grant
Date of City Council Meeting: August 3, 2010 Subject: RFP SC-10-28.3; Furniture, Seating and Miscellaneous Office Accessories –
Service Contract – Two (2) year fixed term plus 2 – one (1) year options Submitted By: Garth Sherwin, CA
City Manager RECOMMENDATION: The recommendation of the Purchasing Manager to award the above
Request for Proposal to the highest evaluated proponent, Corporate Business Equipment Ltd. of Calgary, AB is submitted for your consideration and approval.
PURPOSE: To supply and install new furniture, seating and miscellaneous office
accessories for multiple City projects completed within the two (2) year time frame of this agreement.
FINANCIAL: The cost breakdown of the bid is as follows:
Service Agreement - Estimated Cost Southern Alberta Art Gallery $ 42,766.00 Stafford Centre 283,186.00 Public Operations (Phase 1 &2) 229,574.00 Fleet Services Building 172,658.00 Twin Ice Facility 20,926.00 Ongoing maintenance, renovations, adjustments 250,000.00
Total estimated cost of the (2) yr. service contract 999,110.00 GST 49,955.50 Total estimated cost of the (2) yr. contract including GST 1,049,065.50 Less 100% GST refunds 49,955.50 Net estimated cost to the City of Lethbridge $ 999,110.00 **This is a unit rate contract based on unit prices offered in the tender for a two year period, estimated requirements and the known projects at this time. Total contract value may vary based on actual requirements within the identified projects and new projects as they arise during the fixed term of the contract.
Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________
REQUEST FOR DECISION
Procurement Recommendation Memorandum
Date: July 7th, 2010
To: Craig Milley, Purchasing Manager From: Patrick Spanos, Building Project Manager Re: SC-10-28.3, Furniture, Seating and Miscellaneous Office Accessories – Service
Contract - Two (2) year fixed term plus (2) – One (1) year Options DESCRIPTION OF PROJECT To supply and install new furniture, seating and miscellaneous office accessories for multiple City projects completed within the two (2) year time frame of this agreement. BACKGROUND The City Of Lethbridge is currently engaged in the design and construction of several capital projects that will require office furnishings over the next two years. In addition there are often smaller maintenance projects throughout the organization on an ad-hoc basis involving renovations and adjustments where new furnishings are required. The following projects are expected to be completed in the next two years:
• Fire Headquarters • North side Fire Hall #4 Renovation • Fleet Services Building • Public Operations Renovations (Phase 1 & 2) • Stafford Centre • Southern Alberta Art Gallery • Twin Ice Facility • Ongoing maintenance, renovations and adjustments
By entering into a service agreement with a qualified supplier this provides stable pricing for a 2-year period. The goal is to have a consistent appearance and quality of furnishings and a single point of contact for the supply, installation and maintenance of the furnishings. SCOPE Supply of all labour, materials, equipment, and supervision for the supply and installation of the furniture, seating and miscellaneous office accessories DELIVERABLES This work will require providing the following services for new systems furniture and seating:
a) All labour and supervision for the delivery/ installation of the systems furniture and seating
b) Implement/manage self-auditing QA program and make required modifications c) Personal protective equipment for employees on site and comply with safety regulations d) Remove waste resulting from the product installation in the building to outside waste bins e) Correct all deficiencies within 30 days of notification by the Furniture Coordinator f) Interact with Project Team, contractors and suppliers at the site in an appropriate manner g) Prepare a full set of systems furniture layouts on CAD floor plans for record purposes h) Post –occupancy support for the installation i) Provide any on-going cost quotations and other information on a timely basis j) Provide invoices/billing information in format and detail required by the Project Team k) Warranty services and support l) Provision of a non-obsolescence agreement on products m) Confirmation of response time for any reported problems with installed products OUTCOMES/EXPECTED RESULTS The intent was to select a supplier that would provide the best value for the money based on suitability, durability, service and support. PROCESS A Request for Qualifications (RFQu) was first issued to enable the City to short list qualified firms for further consideration. The document informed vendors that the procurement process would be conducted in two stages and only qualified firms would be invited to submit bids. They were also advised that the final award would include the immediate furnishing requirements for the new Fire Headquarters and the renovated North side Fire Hall #4 as well as a service contract for the other projects and the ongoing maintenance requirements. The RFQu was posted on the City website and the Alberta Purchasing Connection (APC). Documents were released to Sixty (60) firms and five (5) submissions were received from:
1. McCrum’s Office Furnishings 2. Heritage Business Interiors Inc. 3. Contemporary Office Interiors Ltd. 4. Corporate Business Equipment Ltd. 5. Noki Office Solution Inc.
Noki Office Solutions did not provide all the information required and was not invited to participate in Stage 2. Missing information included, Proponent Profiles, Furniture Schedule, Dealer Services and Product Brochures. The other four (4) firms were invited to submit stipulated bids for the immediate need at Fire HQ and Fire Hall #4 and also to provide their unit prices for the service contract component. The bids for the Fire HQ and Fire Hall #4 were as follows: McCrum’s Office Furnishings $392,625.60 Heritage Business Interiors Inc. $388,743.00 Contemporary Office Interiors Ltd. $347,338.21 Corporate Business Equipment Ltd. (Allsteel workstations) $324,347.00
Based on these results the requirement for the Fire HQ and Fire Hall #4 was awarded to the low bidder, Corporate Business Equipment Ltd. of Calgary, AB. Due to the urgent need to place orders for the two Fire Halls nearing completion, to meet the project timelines, approval was obtained from the City Manager in accordance with Purchasing Policy #PUR2 and Bylaw #2915 on June 24th, 2010. The focus of this recommendation is the two (2) year service agreement for the upcoming projects and ongoing maintenance. RECOMMENDATION It is the recommendation of the Building Project Manager to award the service contract to the lowest compliant bidder, Corporate Business Equipment Ltd. of Calgary, AB. COST BREAKDOWN The cost breakdown of the bid is as follows: Service Agreement - Estimated Cost
Southern Alberta Art Gallery $ 42,766.00 Stafford Centre 283,186.00 Public Operations (Phase 1 &2) 229,574.00 Fleet Services Building 172,658.00 Twin Ice Facility 20,926.00 Ongoing maintenance, renovations, adjustments 250,000.00
Total estimated cost of the (2) yr. service contract 999,110.00 GST 49,955.50 Total estimated cost of the (2) yr. contract including GST 1,049,065.50 Less 100% GST refunds 49,955.50 Net estimated cost to the City of Lethbridge $ 999,110.00 **This is a unit rate contract based on unit prices offered in the tender for a two year period, estimated requirements and the known projects at this time. Total contract value may vary based on actual requirements within the identified projects and new projects as they arise during the fixed term of the contract. FUNDING SOURCE Multiple CIP Projects & Multiple Operating Budgets for ongoing maintenance
Moved by: M.A. Simmons/ R.K. Parker/ R. Dodic Mayor R.D. Tarleck
OFFICIAL BUSINESS
Uplands Sump Pump Issue
650-D
WHEREAS certain citizens located in an area in North Lethbridge referred to as the
Uplands have experienced issues involving their sump pumps functioning greater than
what might be considered normal;
AND WHEREAS the running of the sump pumps occurs in all seasons;
AND WHEREAS the running of the sump pumps have required a number of citizens to
attach lengthy discharge pumps leading either to an alley or roadway to allow for the
discharge of the excess water;
AND WHEREAS City Administration presented their findings regarding the sump pump
issues identified by citizens at a community issues committee meeting that occurred on
June 28, 2010;
AND WHEREAS the report by the Administration did not specifically identify a source of
the excess water other than suggest that it may be as a result of unextended down
spouts, uncovered window wells, landscaping and/or lot grading;
AND WHEREAS a second opinion, may be warranted to establish a root cause of the
water discharge issues being experienced;
Conflict: R.D. Tarleck
THERFORE BE IT RESOLVED THAT
1. The City Administration determine who might be an appropriate external
expert with specialized expertise to revisit the issue and establish the
approximate costs that might be associated in conducting such a further
investigation ;
2. The Administration provide their findings on or before ____________, 2010.
Department: City Solicitor
July 15, 2010 For Submission to
August 3, 2010 Council Meeting
His Worship the Mayor and Members of City Council Re: Bylaw 5659 – Bicycle Bylaw for the City of Lethbridge As Council is aware, Transportation staff engaged staff and the Public in extensive consultation in the review of the Bicycle regulation as it pertains to operation of bicycles on public lands. Arising from that consultation is the proposed Bylaw 5659 which is presented for first reading. Mr. Ahmed Ali, Transportation Engineer, will be present to introduce this proposal to Council. It is proposed that Council consider this Bylaw further on August 30, 2010.
Douglas S. Hudson, Q.C. City Solicitor
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BYLAW 5659 *****************
A BYLAW OF THE CITY OF LETHBRIDGE
TO PROVIDE FOR THE REGULATION OF BICYCLES AND PERSONAL CONVEYANCE DEVICES
**************************************************************
WHEREAS the City of Lethbridge is committed to encouraging safe BICYCLE use, for the purpose of enhancing the health and quality of life for Lethbridge residents by promoting an environmentally sustainable and physically active mode of transportation and recreational activity; AND WHEREAS The Municipal Government Act of Alberta empowers the City of Lethbridge to pass Bylaws. This bylaw is subject to the Alberta Traffic Safety Act and all matters addressed in this bylaw must be consistent with the Traffic Safety Act; NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:
1.0 Title
This bylaw may be cited as the “Bicycle Bylaw” and applies to operation of bicycles on all public lands within the City of Lethbridge.
2.0 Definitions
In this bylaw specific words have the following meanings: 2.1 "BICYCLE(S)" means any human powered, chain-driven wheeled device
in, on, or by which a person is or may be transported or drawn; or any vehicle propelled by a combination of human power and an electric helper motor rated at no more than 200 watts.
2.2 “BICYCLE LANE” means the portion of the ROADWAY marked off or
separated for the use of cyclists. 2.3 “BOULEVARD” means that part of the RIGHT-OF-WAY other than the
ROADWAY. 2.4 "CURB" means the dividing line between that portion of any RIGHT-OF-
WAY intended for the passage of motor vehicles and that intended primarily for the use of PEDESTRIANS, whether marked with any form of curb stone or not.
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2.5 "CROSS-WALK" means: (a) That part of a roadway at an intersection included within the
connection of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edge of the roadway, or
(b) Any part of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by line or other markings on the road surface.
2.6 “CYCLIST” means a person who rides or is in actual physical control of a
BICYCLE. 2.7 “DOWNTOWN AREA” means the area bound by the Oldman River Valley
west of Scenic Drive S to the west, Crowsnest Trail to the north, Stafford Drive S to the east, and 6th Avenue S to the south.
2.8 “MULTI-USE PATHWAY” means a pathway that is physically separated
from roadways built for BICYCLES, PEDESTRIANS and others using PERSONAL CONVEYANCE DEVICES.
2.9 “MUNICIPAL TAG” means a ticket alleging an offence, issued pursuant to
the authority of a bylaw of the City. 2.10 "PEDESTRIAN(S)" means any person on foot or in a WHEELCHAIR. 2.11 “PERSONAL CONVEYANCE DEVICE” includes a skateboard, one or
more roller blades, roller skates or WHEELED SKIS, and similar devices designed to carry individuals, excepting a PLAY VEHICLE, a WHEELCHAIR, and a BICYCLE.
2.12 “PLAY VEHICLE” means a non-motorized or motorized toy with wheels or
rollers designed for children to ride in, on or upon. 2.13 “RIGHT-OF-WAY” includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for, used by, the general public for the passage of vehicles, and includes all of the land within the lateral property lines of the RIGHT-OF-WAY, whether a ROADWAY, a SIDEWALK, or a BOULEVARD;
2.14 “ROADWAY” means the part of the RIGHT-OF-WAY that is improved,
designed or ordinarily used for vehicular traffic inclusive of the shoulder. 2.15 "SIDEWALK" means that portion of the RIGHT-OF-WAY intended
primarily for use by PEDESTRIANS.
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2.16 “VIOLATION TICKET” has the same meaning as in the Provincial Offences Procedure Act.
2.17 “WHEELCHAIR” means a chair mounted on wheels driven by muscular or
any other kind of power and used for the carriage of a person who has a physical disability.
2.18 “WHEELED SKIS” means an apparatus comprised of one or more; long,
narrow, flat surfaces mounted on wheels or rollers for the purpose of conveying a person on a hard surface in a manner similar to that of skis designed for cross-country or downhill skiing on snow or ice.
3.0 General
3.1 Every person operating a BICYCLE shall have all of the rights and all of the duties applicable to the driver of any other vehicle under the Alberta Traffic Safety Act, except as to special regulations in this article and except as to those provisions which by their nature can have no application.
3.2 A person operating a BICYCLE shall not ride other than upon or astride the permanent and regular seat attached thereto, nor carry any other person upon such BICYCLE other than upon a firmly attached regular seat thereon.
3.3 Every BICYCLE shall be operated with reasonable regard to the safety of the rider and of other persons, property and vehicles.
3.4 It shall be unlawful for any person operating a BICYCLE to cling or to attach himself, or the BICYCLE, to any other moving vehicle or object.
3.5 Riding/operating a PERSONAL CONVEYANCE DEVICE, PLAY VEHICLE
or WHEELCHAIR along or upon any ROADWAY is prohibited within the limits of the City of Lethbridge.
4.0 Prohibitions
No cyclists shall be permitted to ride:
4.1 In crosswalks or in any other area intended strictly for use only by
PEDESTRIANS and/or person riding/operating a PERSONAL CONVEYANCE DEVICE or PLAY VEHICLE.
4.2 On Whoop-up Drive from 5th Street South to Jerry Potts Boulevard West. 4.3 On any SIDEWALK in the DOWNTOWN AREA as defined in this Bylaw. 4.4 On any SIDEWALK where there is a pathway or BICYCLE lane available.
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4.5 On any SIDEWALK where BICYCLES are prohibited by signage or other markings.
5.0 Parking Bicycles
5.1 It shall be unlawful to park any BICYCLE along buildings in such a manner as to interfere with PEDESTRIANS, or along ROADWAYS where they may interfere with traffic or with persons getting into or out of motor vehicles. No person other than the owner or operator shall move, or in any manner, interfere with any BICYCLE properly parked, nor shall any person interfere or, in any manner, hinder any person from properly parking a BICYCLE, except that members of the Police Department, City Enforcement Services, and Fire Department may move, or, in proper cases, prevent the parking of the BICYCLE, when, in the judgment of the member of the Police Department or Fire Department, his or her action is necessary in order to properly safeguard persons or property.
6.0 Regulations
6.1 Cyclists shall warn pedestrians they are passing through with the use of a bell, horn, or appropriate verbal warning.
6.2 All users of MULTI-USE PATHWAYS must obey any posted signage
regarding speed and position on the pathway and dismount areas. 6.3 A PERSONAL CONVEYANCE DEVICE, PLAY VEHICLE or
WHEELCHAIR on a SIDEWALK or pathway shall be ridden/operated with due care and attention and reasonable consideration for others.
6.4 A person who is operating a BICYCLE on a ROADWAY within the City
shall operate the BICYCLE as near as practicable to the right curb or edge of the roadway except under any of the following situations:
(a) When overtaking and passing another BICYCLE or vehicle
proceeding in the same direction; (b) When preparing to make a legal left turn at an intersection or into a
private road or driveway; (c) When it is reasonably necessary to avoid unsafe conditions; and (d) When the lane is too narrow for a BICYCLE and a vehicle to travel
safely side by side. 7.0 Safety Equipment
7.1 All BICYCLES must be equipped with, at minimum, one working brake. 7.2 A BICYCLE ridden at night-time shall be equipped with the following:
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(a) At least one headlamp, but not more than two headlamps; and (b) At least one red tail lamp OR one red reflector mounted on the rear.
7.3 No person shall operate or ride as a passenger on a BICYCLE unless that person is properly wearing a safety helmet except where it may not be possible for a rider to wear it due to a religious reason (i.e., wearing of turbans).
8.0 Violations
Where any Bylaw Enforcement Officer or Peace Officer believes that any person has committed a breach of any provision of this bylaw he may serve upon such persons a Municipal Tag or he may commence proceedings by issuing a summons by means of a Violation Ticket in accordance with the Provincial Offences Procedure Act of Alberta.
8.1 A Municipal Tag or Violation Ticket shall be deemed to have been
sufficiently served:
(a) if served personally to the accused; or (b) if served by registered mail; or (c) if left at the accused usual place of abode with an occupant thereof
who appears to be at least eighteen (18) years of age; or (d) where the accused is an association, partnership or corporation or
if served by registered mail or if left with a person who appears to be at partnership or corporation.
8.2 Upon production of any such Municipal Tag or Violation Ticket within
twenty-one (21) days from the date of service of such notice, together with the payment of the sum specified in Schedule “A”, to a person authorized by the City of Lethbridge or Province of Alberta to receive such payment, an official receipt for such payment shall be issued, and subject to the provisions of this Section, such payment shall be accepted in lieu of prosecution. If the person upon whom any such Municipal Tag or Violation Ticket is served fails to pay the said sum within the time allotted, the provisions of this Section shall no longer apply.
8.3 The specified penalty payable in respect of a contravention of a provision
of this Bylaw is the amount shown in Schedule “A” of this Bylaw in respect of that provision.
8.4 Notwithstanding Section 8.3:
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(a) Where any person contravenes the same provision of this bylaw within one twelve (12) month period, the specified penalty payable in respect of the second contravention is double the amount shown in Schedule "A" of this bylaw in respect of that provision, and;
(b) Where any person contravenes the same provision of this bylaw
within one twelve (12) month period, the specified penalty payable in respect of the third or subsequent contravention is triple the amount shown in Schedule "A" of this bylaw in respect of that provision.
8.5 Any person who contravenes any provision of this bylaw is guilty of an
offence and is liable on summary conviction to a fine of no more than ONE THOUSAND ($1,000.00) DOLLARS.
8.6 In the event of a prosecution of a young person if the Youth Justice Act of
Alberta sets a maximum fine that may be imposed against a young person which is lower than an amount stated in this bylaw then the maximum amount stated in the Youth Justice Act shall apply.
9.0 Bylaw 3515 is hereby repealed. 10.0 This Bylaw will come into force and effect on the date of final reading.
READ A FIRST TIME this _______ day of_________________, A.D. 2010 ____________________________ ____________________________ MAYOR CITY CLERK READ A SECOND TIME this _______ day of _______________, A.D. 2010 ____________________________ ___________________________ MAYOR CITY CLERK READ A THIRD TIME this ________day of _________________, A.D. 2010 ____________________________ ____________________________ MAYOR CITY CLERK
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SCHEDULE A
(1) Unsafe riding and riding without due care and regard to safety of the rider and of other persons, property and vehicles (clause 3 of this bylaw)
$50
(2) Riding on prohibited areas (Clause 4 of this bylaw)
$50
(3) Violations of parking regulation (Clause 5 of this bylaw)
$25
(4) Riding without helmet
$50
(5) Violation of any other provision of this bylaw (not included above)
$25
BYLAW 5658 -------------------
A BYLAW OF THE CITY OF LETHBRIDGE TO PROVIDE
FOR THE LICENSING, CONTROL AND REGULATION OF ALL BUSINESSES OR INDUSTRIES WITHIN THE CITY OF LETHBRIDGE
**************************************************************
WHEREAS Section 7 of The Municipal Government Act authorizes the Council to pass bylaws for municipal purposes respecting business activities and persons engaged in business; AND WHEREAS Section 8 of The Municipal Government Act permits Council to provide for a system of licenses, permits or approvals; NOW, THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: Part 1 DEFINITIONS 1.01 This bylaw may be cited as the Lethbridge License Bylaw. In this bylaw unless the context otherwise requires:
1.02 (1) "Adult Person" means any natural person over the age of eighteen
(18) years of age. (2) "Artist" means a person who strictly produces items or objects that are
objects that are distinctive and unique from other items or objects and which are individually produced. (Art is an expression of beauty which is used for decorative purposes only.)
(3) "Business" includes every business, trade, profession, industry,
occupation, employment or calling, and the providing of goods and services.
(4) "Carnival" means any entertainment or festivity where games of
chance are carried on and where goods, wares, or merchandise are sold or offered for sale whether or not it is held in a building enclosure or in the open.
(5) "Charitable Organization" means any religious, charitable, scientific,
literary or educational organization which is a registered Canadian charitable organization pursuant to the Income Tax Act of Canada.
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(6) "Chief of Police" means the Chief of Police for the Lethbridge Regional Police Service and anyone authorized by the Chief of Police to act on his behalf.
(7) "Circus" includes circuses and other entertainment of a similar nature
usually carried on by showmen. (8) "City" means the Corporation of the City of Lethbridge or the area
contained within the corporate boundaries of the City as the context requires.
(9) "City Manager" means the City Manager of the City of Lethbridge and
anyone authorized by the City Manager to act on his behalf. (10) “Delivery/Courier Service” means a business whose primary or
significant purpose involves the delivering of messages, documents and packages for patrons or customers of the delivery/courier service.
(11) “Designated Officer” means a bylaw enforcement officer, peace
officer, police constable or any other official appointed by the City to enforce this bylaw.
(12) "Hawker or Pedlar" means any person going from house to house or
from party to party selling or offering for sale any merchandise or service, or both, but does not include any person selling:
(i) meat, fruit or other produce that has been produced, raised or
grown by himself, (ii) fish of his own catching. (13) "Home Occupation" means a business carried on by a person, who is
an occupant of a residential building, as a use secondary to the residential use of that building.
(14) "Huckster" shall mean any person who sells or offers for sale: (i) meat, fruit or other farm produce that has been produced,
raised or grown by himself, (ii) fish of his own catching. (15) "Improvement" means anything constructed, erected, built, placed,
demolished, dug, drilled or moved on or in the land except a thing that is neither affixed to the land nor intended to be or become part of that land.
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(16) "Itinerant Show" means any form of a commercial entertainment or amusement conducted or performed by a person not a resident of the City, but does not include entertainment produced by a person in the City who has a business license for producing or staging such entertainment.
(17) "License" means a license issued pursuant to this bylaw. (18) "Licensee" means a person holding a valid license issued pursuant to
this bylaw. (19) "Market" - Farmers or Flea - means the business of providing to
persons for compensation, stalls or other similarly restricted areas for the disposal and sale of goods, wares or merchandise to the public.
(20) "Mechanical Trade" means the trade of gas fitter, plumber, sheet
metal worker or steam fitter. (21) “Municipal Tag” means a ticket alleging an offence, issued pursuant
to the authority of a bylaw of the City (22) "Office" means a building or any part of a building used by the owner
or tenant for the purpose of conducting a business therefrom. (23) "Pawnbroker" means any person who carries on the business of
receiving or taking by way of pawn or pledge, any personal property for the payment of money loaned thereon.
(24) "Person" includes a corporation or firm as well as a natural person. (25) "Premises" includes any store, office, warehouse, factory, building
enclosure, yard or other place occupied or capable of being occupied for any purpose.
(26) Regulatory Services Manager means the business unit manager of
the Regulatory Services department or anyone authorized to act on his behalf.
(27) “Resident” means:
(i) in the case of a natural person, one who has resided in the
City continuously for twelve (12) months prior to the date the license is applied for,
(ii) in the case of a firm or corporation one which is assessed for and is liable for business tax to the City of Lethbridge.
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(28) "Second-Hand Dealer" means any person who carries on the business of purchasing, selling or having in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade, including antiques, but does not include an Auctioneer or Used Motor Vehicle Dealer.
(29) "Sub-Contractor" means any person who undertakes to sub-contract
from a general contractor or owner and pays his own benefits. (30) "Taxi" means any motor vehicle which is employed in the conveyance
of passengers for a fee with exception to drive-yourself vehicles and motor vehicles having a legal seating capacity for seven or more adult persons including the driver and which are rented solely by the hour or chartered solely by the trip.
(31) “Taxi Operator” a person who operates a taxi. (32) “Taxi Operator License” is a license issued by the City of Lethbridge
granting permission for an individual to operate a taxi. (33) “Violation Ticket” has the same meaning as in the Provincial Offences
Procedure Act R.S.A. 2000, C 34 as amended. 1.03 Adult Videotape means: (a) a videotape cassette or digital video disc or their packaging bearing
any form of label, sticker, image or language indicating the videotape contains explicit sex;
(b) a videotape or digital video disc classified by any film classification board to contain depictions of explicit sex;
(c) a videotape or digital video disc containing depictions of explicit sex. 1.04 Videotape Store means any premises or part thereof in which videotapes or
digital video discs are provided in the pursuance of a business and includes an adult videotape store.
Part 2 APPOINTMENT AUTHORITY & DUTIES 2.01 The Regulatory Services Manager is granted authority to carry out the
provisions of this bylaw. The Regulatory Services Manager may delegate his authority to carry out the provisions of this Bylaw.
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2.02 The Regulatory Services Manager is authorized to: (1) receive, consider and deal with all applications for a license and
transfers thereof. (2) record such information with respect to licenses as may be
considered necessary by him. (3) periodically visit and inspect business premises and construction sites
for the purpose of ascertaining whether the proprietor or contractor is complying with the provisions of this or any other applicable bylaw.
(4) refuse to grant a license or to revoke or suspend any license if, in his
opinion, there are just and reasonable grounds for the refusal of the application or for the revocation or suspension of the license subject to the right of the applicant to appeal the refusal, revocation or suspension to Council.
(5) issue a license, with or without conditions, upon payment of the
appropriate fee. (6) prosecute violators of this bylaw. Part 3 REQUIREMENT OF LICENSE 3.01 No person shall carry on or operate a business which is either wholly within
or partly within and partly outside the City unless he holds a valid and subsisting license so to do issued pursuant to this bylaw.
3.02 The provisions of Section 3.01 do not apply to any business specifically
exempted by Provincial Legislation. Part 4 APPLICATION & ISSUANCE OF LICENSES 4.01 Every application for a license shall be made by an adult person. 4.02 Every applicant for a license shall conform to the provisions of this bylaw
and any other bylaw, Provincial Statute or Federal Act, applicable to that business.
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4.03 If in the opinion of the Regulatory Services Manager an applicant for a
license has complied with the terms of this bylaw and all other applicable bylaws, Provincial Statutes and Federal Act, the applicant shall be issued the license applied for upon payment of the applicable fee.
4.04 An application for a license for any business which is not carried on by a
corporation shall be made by a person who will be actively engaged in the management and control of the business. If in the course of any year additional persons are added to those sharing the control of the licensed operation, then their names shall be forthwith given to the License Inspector. Failure to disclose to the City any of the information required herein shall be grounds for immediate revocation of the license if issued and the forfeiture of any fee paid for the license.
4.05 Where the Regulatory Services Manager issued a license which is subject to
certain conditions, he shall endorse on the license issued the particulars of such conditions.
4.06 Every license issued under this bylaw shall be posted in a conspicuous place
in the business premises of the applicant licensee. 4.07 Every license issued under the provisions of this bylaw shall terminate at
midnight on the 31st day of December of the year in which said license was issued or such earlier date if the license has been revoked or suspended.
4.08 The Regulatory Services Manager may refer any application for a license or
for a transfer or renewal of a license to such persons or City Department as he deems advisable in the circumstances and the Regulatory Services Manager shall deal with the application when such comments have been received.
4.09 All licenses issued are subject to the applicable land use regulations in force
in the City and the issuance of a license shall not be deemed as approval to carry on a business in or on any premises in contravention of such regulations. In any case where a license is granted to a person to carry on a business in or on premises where such activity is not permitted by the land use regulations of the City, the Regulatory Services Manager shall forthwith cancel the license and refund the license fee to the applicant.
4.10 All businesses required to hold a license pursuant to Section 3.01 shall pay
an annual license fee per business site in accordance with schedules approved by City Council and available on request from the offices of the City Clerk.
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4.11 (1) Should a license be issued after June 30th, in any year, the license fee shall be one-half of the appropriate annual license fee.
(2) A subsisting license issued under this bylaw may be transferred to
another person upon application to the Regulatory Services Manager and payment of ten (10%) percent of the annual license fee, provided the transferee has the necessary qualifications for such license.
(3) The provisions of Sub-sections (1) and (2) shall not apply to: (a) vendors of Christmas trees, (b) transient businesses, canvassers, hawkers, pedlars, hucksters
or itinerant shows, all of whom are required to pay the full annual license fee regardless
of the date the license is issued and shall not be permitted to transfer their license.
(4) Where a license is revoked or surrendered, the licensee is not entitled
to any refund. 4.12 No business license shall be required for public educational and institutional
uses. Part 5 REVOCATIONS SUSPENSIONS & APPEALS 5.01 Where an application for a license or taxi operator license is refused or
where a license or taxi operator license is revoked or suspended, the Regulatory Services Manager shall notify the applicant in writing of such refusal, revocation or suspension and the reasons for the same.
5.02 In every case where: (1) an application for a license or taxi operator license has been
refused, (2) a license or taxi operator license has been issued, subject to
conditions, (3) a license or taxi operator license has been revoked, or
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(4) a license or taxi operator license has been suspended, the applicant may appeal to City Council. 5.03 An appeal pursuant to Section 5.02 shall be made in writing addressed to
the City Clerk and shall be made within thirty (30) days after date of the refusal, revocation, suspension or date upon which the license was issued subject to conditions.
5.04 City Council after hearing an appeal pursuant to Section 5.02 may: (1) direct a license be issued without conditions, (2) direct a license be issued with conditions, (3) uphold the decision of the Regulatory Services Manager on grounds
which appear just and reasonable to City Council. Part 6 SPECIFIC REGULATIONS RESPECTING CERTAIN SPECIFIC BUSINESSES 6.01 In addition to the general provisions of this bylaw, including the requirement
of a business license, the businesses dealt with in this part are also subject to the following regulations.
6.02 Videotape Stores (1) No person shall operate a videotape store without first obtaining a
license. (2) No person shall rent or sell adult videotapes without first obtaining an
adult videotape license. (3) The annual license fee for a videotape store and adult videotape
store shall be in accordance with schedules approved by City Council. (4) No owner or operator of a videotape store in which adult videotapes
are provided, shall permit any person under the age of eighteen years to enter or remain in any part of such store where adult videotapes are provided, or within three meters of any adult videotape unless such adult videotape is located in an adult videotape area.
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(5) Every owner and operator of a videotape store in which any adult videotape is provided, shall affix, in a prominent location inside such store and at every entrance to any adult videotape area, a sign or signs sufficient to indicate clearly to persons in the store, that no person under the age of eighteen years is permitted to enter or remain in any adult videotape area in accordance with this bylaw.
(6) Every operator of a videotape store, including an adult videotape
store, and every person working in such store, shall ensure that no person under the age of eighteen years is permitted to enter an adult videotape store, or any adult videotape area, in accordance with this bylaw.
(7) Every operator of a videotape store and every person working in such
store shall ensure that no adult videotape, or container for an adult videotape shall be displayed in such a manner so as to be visible from outside the store.
(8) Every operator of a videotape store and every person working in such
store shall ensure that no adult videotape, or container for an adult videotape, shall be displayed in a videotape store that is not an adult videotape store, in a location where it can be seen by persons in the store, unless such adult videotape or container is in a separate location in such store to which persons under the age of eighteen (18) are not permitted.
6.03 Adult Videotape Stores (1) No adult videotape store established subsequent to September 8th,
1998 may obtain a license without first securing land use approval pursuant to the provisions of the Land Use Bylaw No. 4100 as amended.
(2) Every licensee of an adult videotape store shall: (a) prominently display the license at the premises licensed at all
times and shall produce the license upon request by the City Manager or Designated Officer;
(b) keep the premises in a clean and sanitary condition; (c) carry on business only in the name in which the license is
issued, or such other business or trade name provided to the license inspector and shown on such license;
(d) advertise, promote and carry on such business only under the name in which the license is issued, or such other business or
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trade name provided to the licensing section and shown on such license.
(3) No owner, operator or any person working in an adult videotape store
shall permit any person under the age of eighteen years to enter or remain in such store.
(4) No owner, operator or any other person shall work in an adult
videotape store in which adult videotapes are provided, unless such person is of the age of eighteen years or older.
(5) Every operator shall post and keep posted at every entrance to any
adult videotape store operated by such operator, and in a prominent location inside such store, signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen years is permitted to enter or remain in such store or any part thereof.
6.04 Penalty Notwithstanding Section 7.01 every person who violates any provision of
Section 6.02 and 6.03 is guilty of an offence and on conviction is liable to a fine not exceeding TEN THOUSAND ($10,000.00) DOLLARS.
6.05 Carnivals: (1) The annual license fee for a carnival shall be in accordance with
schedules approved by City Council. (2) The license fee for a carnival sponsored and operated by a charitable
organization may be waived at the discretion of the Regulatory Services Manager. Any decision of the Regulatory Services Manager may be appealed to City Council.
6.06 Circus: (1) The Regulatory Services Manager shall not issue a license for a
circus other than one held in the Exhibition Park Grounds or the ENMAX Centre, unless a resolution of the Council authorizes him so to do. The Regulatory Services Manager shall obtain comments from all City Departments concerned and report same to the City Manager.
(2) The Licensee, Manager, Agent or person in charge of every circus or
other show above mentioned, before opening for public admission, shall permit the Regulatory Services Manager and Chief of Police or any Designated Officer to examine all exhibits and shall give to the
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examining official or officials, full information with regard to all exhibits and performances and if the said examining officials are of the opinion that any exhibit, performance or entertainment amounts to an imposition upon the patrons or the prospective patrons thereof, or is in the nature of a "sell" or "fake" such exhibit, performance or entertainment shall not be permitted to take place.
(3) Where any circus proposes to provide electrical or mechanical
devices for the use of the public, such electrical or mechanical devices shall be subject to inspection and appropriate approval of the City Electrician and the Safety Officer of the City, prior to any license being issued.
6.07 Delivery/Courier Parking Permit The proprietor of a Delivery/Courier Service may purchase one or more
parking permits for their delivery vehicles by paying the fee prescribed in Schedule “L”.
6.08 Mechanical Trade: (1) In the case of a Mechanical Trade, no license shall be issued to an
individual or company until the Regulatory Services Manager is satisfied that:
(a) the individual or company, or (b) an officer of the company actively engaged by the company, or (c) an employee of the individual or company actively engaged by
the individual or company, has a valid and subsisting provincial certificate for the mechanical
trade or trades in which the individual or company wishes to engage. (2) Any license granted to an individual or company is granted subject to
the following conditions: (a) if the license was granted to an individual or company based
upon his or its qualifications under Sub-section (1) and he or it ceases to be actively engaged in the business or ceases to be so qualified the license shall be revoked.
(b) if the license was granted based upon the qualifications of an officer or employee actively engaged by the individual or company and that person ceases to be actively engaged by that individual or company or ceases to be qualified, the license shall be revoked.
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(3) No person having the qualifications required under Sub-section (1) of this section shall allow such qualification to be used as a basis for obtaining a business license if such qualifications have previously been used to obtain another business license which is still subsisting.
(4) In the case of an Electrical Contractor, no license shall be issued until
the Regulatory Services Manager is notified that the contractor's qualifications are to the satisfaction of the City Electrician.
6.09 Hawker or Pedlar: (1) The Regulatory Services Manager may require any Hawker or Pedlar
to establish his identity with the Chief of Police by giving to the Chief of Police a photograph of himself and his fingerprints or other such proof of his identity as is acceptable to the Chief of Police.
(2) A separate license is required for each Hawker or Pedlar regardless
of whether that Hawker or Pedlar is an employee of some other person.
(3) This section does not apply to charitable organizations, or to the
representative of a wholesale vendor distributing articles of merchandise on a wholesale basis to retail merchants for resale.
(4) The applicant shall satisfy the requirements of Alberta Consumer
Services. 6.10 Home Occupations: (1) No license for a home occupation shall be granted until the applicant
has first obtained the necessary development approval under the applicable land use regulations of the City.
(2) The annual license fee for home occupations shall be in accordance
with schedules approved by City Council. (3) Any person carrying on a home occupation who: (a) is physically handicapped, or (b) can prove that he must operate a business from his home and
should be considered for compassionate reasons, may apply to be relieved of paying the whole or any part of the license fee established for his home occupation.
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(4) All applications for relief from the full payment of a license fee shall: (a) be made in writing to the Regulatory Services Manager setting
out the particulars and the relief requested, (b) be made only once in each calendar year, and (c) apply only for the year in which the application is made. (5) The City Manager, on the advice of the Regulatory Services Manager,
may waive the full or any portion of the annual Business License Fee. (6) The Regulatory Services Manager, at his discretion may waive the
Business License Fee for an artist, provided sufficient proof is submitted.
6.11 Hucksters: (1) No license shall be issued to a huckster until the applicant has
received approval from a Public Health Officer. (2) The Regulatory Services Manager may require any huckster to
establish his identity with the Chief of Police by giving to the Chief of Police a photograph of himself and his fingerprints or other such proof of his identity as is acceptable to the Chief of Police.
(3) Each huckster is required to take out a separate license regardless of
whether or not that huckster is the employee of some other person. 6.12 Itinerant Shows: The license fee for an itinerant show shall be in accordance with schedules
approved by City Council. 6.13 Farmers or Flea Markets: (1) A person organizing a farmers or flea market shall be required to
obtain a license for each location. (2) Notwithstanding Sub-section (1), charitable organizations registered
pursuant to the Income Tax Act of Canada are not required to obtain a license for organizing a farmers or flea market.
(3) A person operating a stall on the premises of a market does not
require a license provided that the operator is a resident of the City of Lethbridge.
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(4) With the exception of a vendor of agricultural produce any non-resident operator of a stall of a market shall be required to obtain a license.
(5) A person organizing a market shall furnish to the Regulatory Services
Manager upon request all information available to him concerning the operator of any stall that is operated on the premises of a market.
(6) A person who is the operator of a stall that is operated on the
premises of a market shall furnish to the Regulatory Services Manger upon request all information available to him concerning the operator or operations of any such stall or restricted area.
(7) Where food goods are exhibited for sale at a market, the tables
containing such foods shall be grouped together and not interspersed with tables of non-food items.
6.14 Second-Hand Dealers: (1) No second-hand dealer shall acquire any second-hand merchandise
from any person unless that person: (a) is eighteen (18) years of age or over, (b) does not appear to be under the influence of liquor, (c) properly identifies himself as required in Subsection 3(d)(v)
below. (2) No second-hand dealer shall alter, repair, dispose of or in any way
part with possession of a second-hand off the street merchandise acquired in the course of his business from persons bringing the particular items to his premises until fifteen (15) days exclusive of Sundays and holidays from the date of acquisition have elapsed. During the fifteen (15) days the second-hand dealer shall keep the acquired merchandise on the premises separate and apart from the other merchandise so they may be examined at any time during business hours by a peace officer who may be accompanied by a private citizen who is there in order to assist in locating and/or identifying goods reported stolen or suspected of being stolen.
(a) This Sub-section shall not apply to the following merchandise,
namely: (i) household sales of furniture and chattels purchased by
lot,
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(ii) estate sales of furniture and chattels by the legal representative,
(iii) goods and chattels purchased at an auction sale, or (iv) bulk purchases of trade-ins purchased from persons
carrying on a retail business in Lethbridge. (3) (a) Every second-hand dealer shall keep a register consisting of a
book of a style and type prescribed by the Lethbridge Regional Police Service and the Regulatory Services Department.
(b) The second-hand dealer or person(s) in his employ shall record information about merchandise that he/she has acquired together with a description of the person from whom the goods were acquired in the register. The second-hand dealers register shall be completed as soon as the transaction has taken place.
(c) Records in the second-hand dealers register shall be in either official language written in ink and in a legible manner.
(d) Every second-hand dealer or person(s) in his employ shall enter in the register the following information:
(i) the date and time of day of each purchase, sale or
exchange, (ii) the amount paid for the merchandise, (iii) a detailed description of the merchandise including
serial number, make and model, or other identification placed or marked on the merchandise by the manufacturer or vendor thereof. If a serial number has been removed a special note of this fact shall be made.
(iv) the surname and given names of the person from whom the second hand merchandise were acquired will be entered in the register together with the sellers address, physical description and telephone number.
(v) two forms of identification required of the seller must also be noted in the register by the second-hand dealer or his employee including but not limited to the following types of identification:
(a) Drivers License (b) Birth Certificate (c) Credit Card (d) A type of photo identification positively identifying
the seller (e) The license number and description of the vehicle
in which the property was delivered in.
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(e) Every person who destroys, alters, mutilates or falsifies any second-hand dealers register is guilty of an offence.
(f) Every second-hand dealer must keep his register open to inspection by a peace officer at all times during business hours.
(g) Every second-hand dealer shall allow a peace officer to remove his register for inspection. The second-hand dealer shall not be held liable for neglect in failing to enter purchases during the time the register is being inspected PROVIDED he/she makes the necessary entries immediately upon return of the register.
(4) If so ordered by the Chief of Police, a second-hand dealer may be
directed to deliver a copy of all transactions recorded in his registry to the Lethbridge Regional Police Service.
6.15 Taxi (1) Every person operating a taxi or taxis who carries persons for hire
from within the City to places outside the City or within the City to another place within the City shall obtain a business license.
(2) (a) No person shall operate a taxi in the City unless that person is
in possession of a valid taxi operator license. (b) All taxi operator licenses shall expire at midnight on December
31st of each year. (c) No person shall operate a taxi unless his operator license is
openly and prominently displayed at all times in the vehicle in such a manner as to be visible to a passenger.
(d) In determining whether to issue an initial taxi operator license, the Regulatory Services Manager shall request a Criminal Records Check, production of a valid (minimum) Class 4 Alberta Drivers License, and a Drivers Abstract.
(e) No Taxi Operator license or renewal shall be issued to any person who has been convicted under the Criminal Code of Canada, within a five (5) year period immediately preceding the date of application, of:
(i) A sexual offence or offence relating to the corruption of
public morals; (ii) An offence relating to homicide, assault, kidnapping,
arson or abduction; (iii) An offence relating to robbery or extortion; and (iv) An offence of criminal negligence, dangerous driving,
impaired driving, or driving whilst his or her license is suspended.
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(3) The Chief of Police or the Regulatory Services Manager has the right
to direct that a taxi operator license be refused or suspended if the Chief of Police or Regulatory Services Manager decides that the person is not fit to operate a public conveyance or if the person does not comply with the provisions of this bylaw or any other applicable provincial or federal legislation.
(4) When an individual with an existing taxi operators license has been
charged with an offence under the Criminal Code of Canada or the Controlled Drugs and Substances Act:
(a) The individual shall forthwith notify the Regulatory Service
Manager; (b) The Chief of Police or the Regulatory Services Manager may
suspend the taxi operator’s license pursuant to the charge and the adjudication of the same.
(5) Any person who operates any taxi or permits any taxi to be operated
in the City of Lethbridge shall: (a) have such taxi permanently equipped with a taxi meter
adjusted as hereinafter provided to compute the fares payable at the rates both as to distance travelled and time elapsed, in accordance with the Tariff of Fares as outlined in Section 6.15 Sub-section (6);
(b) start the taxi meter in operation when the point of call is reached and not before and keep the taxi meter in such taxi continuously operating while such taxi is under hire;
(c) submit the taxi meter in such taxi to the Regulatory Services Manager at such times as may be required for testing, inspection and sealing and no taxi meter shall be used on any such taxi until so inspected, tested and sealed by the a Designated Officer;
(d) install the taxi meter in such taxi in a location and in a manner approved by the Regulatory Services Manager and keep such taxi meter so illuminated that the fare can be read at all times by a passenger seated anywhere within such taxi;
(e) keep such taxi meter adjusted to calculate fares so that such fares shall be in accordance with the Tariff of Fares herein set forth;
(f) use such taxi meter only when the seal thereof is intact; (g) have such taxi meter tested from time to time by running the
taxi in which the taxi meter is installed over a measured tract or distance and by timing such taxi meter with an accurate
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timepiece or by submitting the taxi meter to a Designated Officer for testing if so required, PROVIDED that no taxi meter shall remain in any taxi for a period longer than Twelve (12) months without such taxi meter having been tested and resealed by a Designated Officer;
(h) maintain the taxi meter in such taxi in good working condition so that the fare will be accurately registered at all times and to remove the taxi from operation when the taxi meter is improperly functioning;
(i) the owner operator shall provide subsisting insurance, and Class 1 Alberta Vehicle Registration;
(j) maintain the vehicle in a manner and condition to ensure the safety of the customer being transported.
(6) (a) To cover any number of passengers up to five (5), the
maximum fares including 5% Goods and Services Tax
For the first 1/8 of a kilometer or any part thereof $3.70 For each additional 1/8 of a kilometer or fraction thereof over and above the first 1/8 of a kilometer
0.26
For each minute of waiting time elapsed including at stop lights 0.62
For any call when the order is cancelled on arrival of the taxi at the point ordered if within the City of Lethbridge and not covered by a higher minimum charge.
$5.00
(b) Travelling bags, valises and other hand luggage shall be
carried free of charge as well as children not over twelve (12) years of age in the company of an adult passenger, PROVIDED that the seating capacity is not thereby overcrowded. Persons using a taxi to move an inordinate amount of personal belongings shall be subjected to a minimum charge of $5.00. In such case the sum total of leading time, distance travelled and unloading time, shall be metered continuously, but at no time shall the fare collected be less than the $5.00 minimum charge and the fare shall be greater when the meter registers an amount greater than such minimum.
(c) Where passengers have called for separate service but agree
to be accommodated by one vehicle and are carried to
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different destinations from the same point of call, they shall pay separate fares based upon the shortest distance to their destination. If, however, they have agreed to share a taxi prior to being picked up at the point of call, then the entire fare from point of call to first destination and on the last destination shall be one continuous fare.
(d) All fares for Senior Citizens presenting a valid City of
Lethbridge Transit pass or legal proof of age shall be reduced by ten (10%) percent.
(e) Except for taxi service which is being provided to Senior
Citizens the driver shall demand and collect the fare registered on such taxi meter, neither more nor less, except where a maximum charge is applicable. In such a case the greater amount of the two shall be deemed and collected.
(f) All trips of less than sixteen (16) kilometers in length shall be
metered continuously, the taxi meter being started in operation when the point of call is reached and not before and kept in operation continuously while such taxi is under hire.
(g) All trips of greater length than sixteen (16) kilometers from
departure point to destination shall not require the taxi meter to be in operation, the fares payable shall be calculated in accordance with the bylaw rate of $1.60 per kilometer and $.45 per minute waiting or stopped time.
(h) The driver may, at his discretion, request a deposit to be left in
the taxi in cases where a passenger leaves the taxi at one or more stops during the course of the total trip or period of hire.
(i) All out-of-town fares of any distance shall be payable in
advance, as well as fares involving persons known to have previously hired taxi service in a fraudulent manner.
(j) Persons who are known to habitually order taxi service and
subsequently are unable to pay and who refuse to make payment in advance, may be refused service.
(k) All rates shall be prominently displayed in the vehicle in a
location visible to the passengers. (7) No taxi shall, at any time, carry more persons as passengers than the
number of seat belts provided and if there is any breach or infraction
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of any of the provisions of this section with respect to any licensed taxi, the license issued to such taxi may be revoked and cancelled by the City Council after ten (10) days notice in writing of the intention of Council so to do has been served upon the taxi proprietor personally or mailed to him by registered mail at his last known post office address.
(8) The City Council may if it deems expedient at any time when it
anticipates an unusual demand for the service of taxis or other motor vehicles used for hire in the City of Lethbridge owing to fairs, celebrations or other gatherings in the City or in the vicinity thereof, by resolution authorize the granting of special licenses to taxis or other motor vehicles used for hire in the City for such period not exceeding one week as the Council may think it fit and, in such case, a special license fee payable for each such taxi or motor vehicle shall be $5.00.
6.16 Transient Business: (1) "Transient Business" means the business carried on by any person
who does not ordinarily maintain within the City a permanent place of business and who as a principal or agent, buys or offers to buy direct from the producer thereof any merchandise or service or both; or sells or offers to sell any merchandise or service or both.
(2) This section does not apply to hucksters as defined in Section 6.11
nor to a hawker or pedlar who satisfies the requirements of Alberta Consumer & Corporate Affairs.
(3) Notwithstanding anything herein to the contrary, the Regulatory
Services Manager may approve locations for non-permanent kiosks not exceeding 30.50m2 in malls, the Exhibition Park Grounds and the ENMAX Centre and may license the manager and/or owner in accordance with schedules approved by City Council.
(4) Notwithstanding anything to the contrary the Regulatory Services
Manager may approve applications for locations not exceeding 92.9m2 from residents of the City of Lethbridge for a fee of $250.00 per annum plus a per diem fee of $50.00
6.17 Vendors of Christmas Trees: No person shall carry on the business of selling natural Christmas trees in
the City without first obtaining a license.
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6.18 Pawnbrokers: (1) Every pawnbroker shall have a sign with his name and the word
"Pawnbroker" in large legible characters thereon placed over the door outside the shop or other place used by him for carrying on his business.
(2) Every pawnbroker shall, at all times, keep posted in a conspicuous
position on his premises so as to be easily seen and read by persons pledging goods, a card or sign having printed or painted thereon the rate of profit.
(3) No pawnbroker shall acquire any merchandise from any person
unless that person: (a) is eighteen (18) years of age or over, (b) does not appear to be under the influence of liquor, (c) properly identifies himself as required in Subsection 4(d)(vi)
below. (4) (a) Every pawnbroker shall keep a register consisting of a book of
a style and type prescribed by the Lethbridge Regional Police Service and the Regulatory Services Department.
(b) The pawnbroker or person(s) in his employ shall record information about merchandise that he/she has acquired together with a description of the person from whom the goods were acquired. The register shall be completed as soon as the transaction has taken place.
(c) Records in the pawnbroker register shall be in either official language written in ink and in a legible manner.
(d) Every pawnbroker or person(s) in his employ shall enter in the register the following information:
(i) the date and time of day of each pledge, (ii) the amount lent for the merchandise, (iii) the rate of profit to be charged, (iv) a detailed description of the merchandise including
serial number, make and model, or other identification placed or marked on the merchandise by the manufacturer or vendor thereof. If a serial number has been removed a special note of this fact shall be made.
(v) the surname and given names of the person pledging the merchandise will be entered in the register together with the persons address, physical description and telephone number.
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(vi) two forms of identification required of the person pledging must also be noted in the register by the pawnbroker or his employee including but not limited to the following types of identification:
(a) Drivers License (b) Birth Certificate (c) Credit Card (d) A type of photo identification positively identifying
the person pledging (e) The license number and description of the vehicle
in which the merchandise was delivered in. (e) Every person who destroys, alters, mutilates or falsifies any
pawnbroker register is guilty of an offence. (f) Every pawnbroker must keep his register open to inspection by
a peace officer at all times during business hours. 5. If so ordered by the Chief of Police or a Designated Officer, a
pawnbroker may be directed to deliver a copy of all transactions recorded in his registry to the Lethbridge Regional Police Service.
6. At the time of taking any pawn or pledge, every pawnbroker shall
deliver to the person pledging articles or goods a written or printed note containing:
(a) the number of the entry made in said register in respect
thereof, (b) the day and month of the year in which the pledge was taken, (c) the name and address of the person pledging, (d) description of the goods or articles pledged, (e) the amount of money advanced thereon, and (f) name and address of the pawnbroker, and the pawnbroker shall not receive or retain any goods or articles
as pledges or pawns unless the person pledging the same accepts the note.
7. The schedule of charges shall be printed in large, legible type on the
back of each note given a customer by a pawnbroker. Every pawnbroker shall securely attach to the goods or articles pledged, a duplicate of the note given to the person pledging the same and, in the event of such goods being redeemed, shall write or enforce on such duplicate note a true statement of the profit taken by him and
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shall keep such duplicate note in his custody for one (1) year following the date such goods were redeemed.
8. No pawnbroker shall solely, because of the non-production of said
note, refuse to redeliver pledged goods or articles to the person entitled thereto upon payment of the amount lawfully owing thereon if the Chief of Police certified that the loss of said note has been proved to his satisfaction.
9. No pledged goods shall be forfeited or sold until the expiration of
three (3) months from the date such goods were pledged exclusive of the day of pledging, PROVIDED, however, that this section shall not be deemed to authorize a sale or forfeiture if:
(a) the parties have agreed upon a longer period of holding said
goods, or if (b) such sale or forfeiture would be in any other way contrary to
the general law. 10. Every pawnbroker shall keep a book recording particulars of all sales
of unredeemed property, as follows: (a) number of the pledge, (b) date of the pledge, (c) name of person pledging, (d) date of sale, (e) money received in respect of each pledge, (f) name and address of the person purchasing the property. 11. Every pawnbroker shall permit the person who pawned the goods or
the person for whom the same were pawned, his legal representative or agent, to inspect the records of sale of goods by auction on payment of ONE ($1.00) DOLLAR for each inspection.
12. No pawnbroker shall purchase or take in pawn, pledge or exchange,
the note aforesaid of any other pawnbroker. 13. All books, accounts, entries and notices of all goods pawned shall at
all times be open to the inspection of a Designated Officer. 14. No license to carry on business as a second-hand dealer, auctioneer
or as a junk collector shall be issued to a pawnbroker.
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6.19 Amusement Establishments, Indoors: (1) “Amusement Establishments, Indoors” means development providing
facilities within an enclosed building for two (2) or more table games or electronic games played by patrons for entertainment.
(2) “Table game” or “electronic game” means any machine, equipment or
device operated for the amusement or entertainment of the operator for a fee by the insertion of a coin or token in a slot used in conjunction with such machine, equipment or device and includes coin operated or token operated machines for the showing of pictures, photos or slides; and "amusement, sport or arcade machines" shall have a comparable meaning.
(3) No person shall carry on the business of an Amusement
Establishment, Indoors without first obtaining a license. The license fee for an Amusement Establishment Indoors shall be in accordance with schedules approved by City Council.
(4) No proprietor, manager or employee of an Amusement
Establishment, Indoors shall permit any person under the age of sixteen (16) years:
(a) to operate any table or electronic game, or (b) remain in an Amusement Establishment, Indoors between the
hours of 8:00 o'clock a.m. to 11:30 o'clock a.m. and 1:00 o'clock p.m. to 3:00 o'clock p.m. when a school attended by such person is in operation.
(5) No person under the age of sixteen (16) years shall: (a) operate any table or electronic game, or (b) remain in an Amusement Establishment, Indoors between the
hours of 8:00 o'clock a.m. to 11:30 o'clock a.m. and 1:00 o'clock p.m. to 3:30 o'clock p.m. when a school attended by such person is in operation.
(6) In this section "school" means a school in the City operated by a
board of trustees pursuant to the School Act. (7) No Amusement Establishment, Indoors business shall employ a
person as a Manager of that business under the age of eighteen (18) years.
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(8) No Amusement Establishment, Indoors shall remain open for business unless the Manager is present on the premises.
(9) No Amusement Establishment, Indoors shall employ assistants to the
Manager under the age of sixteen (16) years. 6.20 Non-Resident Vendor (1) Means a business that does not ordinarily maintain within the City a
permanent place of business and applies to those businesses providing goods or products and selling from a commercially zoned business within the City.
6.21 Non–Resident Contractor (1) Means a business that does not ordinarily maintain within the City a
permanent place of business and applies to those businesses providing services within the City.
Part 7 FINE AND PENALTY 7.01 (1) Every person who violates any of the provisions of this bylaw, who
suffers or permits any act or thing to be done in contravention or in violation of anything required to be done by any of the provisions of this bylaw or who does any act which violates any provisions of this bylaw, shall be deemed to be guilty of an offence against this bylaw and liable to the penalties herein imposed.
(2) (a) Where a Designated Officer believes on reasonable and
probable grounds that an offence has been committed under Section 3.01 of this bylaw, he may serve upon such persons a Municipal Tag, or he may commence proceedings by issuing a summons by means of a Violation Ticket in accordance with the Provincial Offences Procedure Act R.S.A. 2000, Chapter 34 as amended;
(b) The specified penalty shall be in accordance with Schedule “P”.
(3) Every person who commits an offence against this bylaw is liable to a
fine and penalty upon summary conviction of not more than TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS and not less than the specified penalty as listed in Schedule “P” and shall in default of payment thereof to imprisonment for a period not exceeding SIX (6) MONTHS.
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(4) Every person who commits an offence of a continuing nature is liable
to a fine not exceeding TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS for each day such offence is continued.
Part 8 MISCELLANEOUS 8.01 It is the intention of City Council that each separate provision of this bylaw
shall be deemed independent of all other provisions herein and it is further the intention of City Council that if any provision of this bylaw be declared invalid, all other provisions shall remain valid and enforceable.
8.02 Bylaw 3998 and all amendments, thereto, are hereby repealed. 8.03 This bylaw shall come into force on January 1, 2011.
READ A FIRST TIME this _______ day of_________________, A.D. 2010 ____________________________ ____________________________ MAYOR CITY CLERK READ A SECOND TIME this _______ day of _______________, A.D. 2010 ____________________________ ___________________________ MAYOR CITY CLERK READ A THIRD TIME this ________day of _________________, A.D. 2010 ____________________________ ____________________________ MAYOR CITY CLERK
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SCHEDULE "A" - GENERAL APPLICABLE: All persons to whom this bylaw applies unless otherwise provided. RATE: Resident Persons $ 80.00 per annum Non-Resident Persons $670.00 per annum
* * * * * * * * * * * * * * *
SCHEDULE "B" – CARNIVALS APPLICABLE: Those persons subject to Section 6.05 RATE: Carnival sponsored and operated by service club or religious group
$ 85.00 per day Itinerant Carnivals $150.00 per day
* * * * * * * * * * * * * * *
SCHEDULE "C" - CIRCUS APPLICABLE: Those persons subject to Section 6.06 RATE: $150.00 per day
* * * * * * * * * * * * * * *
SCHEDULE "D" - HAWKERS, PEDLARS & HUCKSTERS APPLICABLE: Those persons subject to Section 6.09 & Section 6.11 RATE: Resident Hawkers, Pedlars and Hucksters $ 55.00 per annum Non-Resident Hawkers, Pedlars and $170.00 per annum Hucksters
* * * * * * * * * * * * * * *
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SCHEDULE "E" - HOME OCCUPATIONS APPLICABLE: Those persons subject to Section 6.10 RATE: If a residence is used for desk, phone and authorized vehicle only $295.00 per annum If a residence is used for music teachers $200.00 per annum Workshop $385.00 per annum Other home occupations $495.00 per annum
* * * * * * * * * * * * * * *
SCHEDULE "F" - ITINERANT SHOWS APPLICABLE: Those persons subject to Section 6.12 RATE: $235.00 per location per annum or $55.00 per show
* * * * * * * * * * * * * * *
SCHEDULE "G" - MARKETS APPLICABLE: Those persons subject to Section 6.13 RATE: Resident Organizer $ 85.00 Non-Resident Organizer $440.00 per annum per location Non-Resident Operator $485.00 per annum plus $135.00 per day for each day
that the merchandise is for sale within the City.
* * * * * * * * * * * * * * *
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SCHEDULE "H" - TRANSIENT BUSINESS APPLICABLE: Those persons subject to Section 6.16 RATE: $1,340.00 per annum plus $340.00 per day for each day that
merchandise is offered for sale APPLICABLE: Those persons subject to Section 6.16(3) RATE: $1,115.00 per approved location
* * * * * * * * * * * * * * *
SCHEDULE "I" - CHRISTMAS TREE VENDOR APPLICABLE: Those persons subject to Section 6.17 RATE: A vendor not presenting a religious or community organization per site
$55.00 per annum per site A vendor representing a religious community organization per site
$35.00 per annum per site
* * * * * * * * * * * * * * *
SCHEDULE "J" - VIDEOTAPE STORE APPLICABLE: Those persons subject to Section 6.02 except those who also rent or sell
adult videotapes RATE: $80.00 per annum
* * * * * * * * * * * * * * *
SCHEDULE "K" - ADULT VIDEOTAPE STORE APPLICABLE: Those persons subject to Section 6.03 and those who rent or sell adult
videotapes who are also subject to Section 6.02 RATE: $1,340.00 per annum
* * * * * * * * * * * * * * *
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SCHEDULE “L” – DELIVERY/COURIER PARKING PERMIT APPLICABLE: Those businesses properly described as a delivery/courier service and
who have properly registered their delivery/courier vehicle with the City of Lethbridge subject to Section 6.07.
RATE: $225.00 per annum for the first registered vehicle $225.00 per annum for each additional registered vehicle
* * * * * * * * * * * * * * *
SCHEDULE “M” – TAXI OPERATOR LICENSE APPLICABLE: Those persons subject to Section 6.15 RATE: $50.00 per annum
* * * * * * * * * * * * * * *
SCHEDULE “N” NON-RESIDENT VENDOR APPLICABLE: Those businesses subject to 6.20 RATE: $670.00 per annum
* * * * * * * * * * * * * * *
SCHEDULE “O” NON-RESIDENT CONTRACTOR APPLICABLE: Those businesses subject to 6.21 RATE: $670.00 per annum
* * * * * * * * * * * * * * *
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SCHEDULE “P”
VOLUNTARY PAYMENT TAG
Section Offence Penalty Amount
Schedule “A”
Operate without a Resident or Non-Resident Commercial Business License $250.00
6.02 Operate without a Videotape Store License $250.00
6.03 Operate without an Adult Videotape Store License $1500.00
6.05/6.06 Operate without a Carnival or Circus License $250.00
6.09/6.11 Operate without a resident Hawker, Pedlar, Huckster License $250.00
6.10 Operate without a Home Occupation License $500.00
6.12 Operate without an Itinerant License $250.00
6.13 Operate without a Market License $250.00
6.15 Operate without a Taxi Operator License $250.00
6.16 Operate without a Transient License $1500.00
6.17 Operate without a Christmas Tree Vendor License $ 250.00
6.20 Operate without a Non-Resident Vendor License $1000.00
6.21 Operate without a Non-Resident Contractor License $1000.00