notice of city council organizational and regular …

NOTICE OF CITY COUNCIL ORGANIZATIONAL

AND REGULAR MEETING DATE: MONDAY, October 27, 2008 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS

A G E N D A

CALL TO ORDER 1:30 p.m. Invocation

Adoption of Minutes Adoption of Agenda Delegations, Correspondence, Bylaws, Official Business and Reports

Note: Agenda and all Communications, Bylaws and Reports for Regular Council Meetings are available from the City Clerk’s Office prior to the meeting, as well as through the City of Lethbridge Website @ http://www.lethbridge.ca

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ANNOUNCEMENTS:

DELEGATIONS:

1:45 P.M. 1. Craig Illot, Align HR Consultants, re Management Compensation Review [see Communications 1]

2:30 P.M. 2. Kevin Jensen, Parks Operations Manager, re Graffiti Control – Three Crew Blitz Program for 2008 [see Communications 2]

3:00 P.M. 3. Ursula Morrice, Chairperson, Great Lakes Community Committee, re Overland Water Problems that create Flooding and Sewer Back-up in the areas of Great Lake Place, Lakemount Boulevard, Lakehill Crescent, Sylvan Road, Waterton Road, Pine Crescent and 20th & 21st Avenue [see Communications A]

3:15 P.M.

BREAK

3:30 P.M. 4. BYLAW 5540 - Native Women’s Transition Home (820 and 830 – 7th Street North)

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COMMUNICATIONS (Copies Enclosed)

IINNTTEERRNNAALL CCOOMMMMUUNNIICCAATTIIOONNSS

R.D. 1. From Jason Elliott, Human Resources Manager, re Management Compensation Review

T.H.W. 2. From Kevin Jensen, Parks Operations Manager, re Graffiti Control – Three Crew Blitz Program for 2008

S.G.W. 3. From Ashley Matthews, General Manager, ENMAX Centre, re Collaborative Arrangement between the City of Lethbridge and the Canadian Naval Centennial for the Naden Band of Maritime Forces Pacific (West) to perform in Lethbridge tentatively scheduled for October 13, 2010

S.G.W. 4. From Dianne Nemeth, City Clerk, re Signing Authority Policy

B.A.L. 5. From Diane Randell, Community & Social Development Manager, re Social Policy – Policy Portion

J.H.C. 6. From Dianne Nemeth, City Clerk, re Municipal Historic Resource Bylaw 5550, Spudnut Shop (1102 – 5th Avenue South) and Bylaw 5551, Annandale House (1280 – 4th Avenue South)

TENDERS/REQUEST FOR PROPOSAL

M.A.S. 7. From Garth Sherwin, City Manager, re Sole Source: E-08-29; 674S Bowron Substation Capacity Upgrade Yard Works

R.D. 8. From Garth Sherwin, City Manager, re Sole Source: S-08-114 ; Utility Billing Services

R.D. 9. From Garth Sherwin, City Manager, re Sole Source: S-08-115; Meter Reading

K.E.T. 10. From Garth Sherwin, City Manager, re Sole Source: S-08-117 - Sole Source - Municipal Development Plan Visioning Consultant

R.K.P. 11. From Garth Sherwin, City Manager, re Sole Source: C-08-25 - Sole Source - River Valley Infrastructure Repair

COMMUNICATIONS (continued) (Copies Enclosed)

EXTERNAL COMMUNICATIONS

K.E.T. A. From Ursula & Rod Morrice, Bernie & Gerry Veres, Max & Sandy Shigehiro, Great Lakes Community Committee, re Overland Water Problems that create Flooding and Sewer Back-up in the areas of Great Lake Place, Lakemount Boulevard, Lakehill Crescent, Sylvan Road, Waterton Road, Pine Crescent and 20th & 21st Avenue

M.A.S. B. From Beverly Shimazaki, Acting Director, Lethbridge Public Library, re Bylaws of the Lethbridge Public Library Board for the Safety and Use of the Library – January 1, 2009 Amendments

K.E.T. C. From Jack Scotter, 1214 Lakemount Place, re Flooding and Sewer Back-up in the Lakeview Area

5

BYLAWS: FOR FIRST READING: • BYLAW 5547 – Amendment to the Land Use Bylaw 4100, change

from Direct Control (DC) to Highway Commercial (C-H) and Direct Control (DC) to Public Building (P-B) (3530 and 3610 – 24 Avenue South) (Chinook Pet Clinic and Telus Facility – Fairmont Neighbourhood)

• BYLAW 5548 – Road Closure of Service Road adjacent to 3530

and 3610 – 24 Avenue South (Fairmont Neighbourhood)

• BYLAW 5550 – Designation of the Spudnut Shop (1102 – 5th Avenue South) as a Municipal Historic Resource

• BYLAW 5551 – Designation of the Annandale House (1280 – 4th

Avenue South) as a Municipal Historic Resource

FOR SECOND AND THIRD READING: B.A.L. • BYLAW 5540 – Amendment to the Land Use Bylaw 4100,

change from Residential Low Density (R-L) and Public Building (P-B) to Direct Control (DC) (820 and 830 – 7th Street North)

OFFICIAL BUSINESS: REPORTS J.H.C. • Follow-Up Action List

INCAMERA REPORTS:

• Committee Appointments (FOIP Section 23) • Personnel Issues (FOIP Section 23) • Advice from Officials (FOIP Section 24)

1

Date of City Council Meeting: October 27, 2008

Subject: Management Compensation Review

Submitted By: Jason Elliott. Human Resources Manager

RECOMMENDATION: THAT the changes to the Management Pay Structure, as

recommended by Align HR Consulting, be approved effective November 5, 2008.

PURPOSE: To ensure that City management staff are compensated

fairly, relative to the external market. IMPLICATION OF RECOMMENDATION ORGANIZATIONAL: Improved ability to attract and retain employees, relieve

compression concerns and address market pressures. FINANCIAL: Increased costs included in the 2009 – 2011 base budget

BRIEFING SHEET Recommended Option Recommended option be approved to address concerns of

attraction and retention Reports / Documents PowerPoint presentation at Public Meeting

Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________

REQUEST FOR DECISION

Date of City Council Meeting: October 27,2008

Subject: Graffiti Control – Three Crew Blitz Program for 2008

Submitted By: Kevin Jensen, Parks Operations Manager

RECOMMENDATION: To receive as information and file.

PURPOSE: To control graffiti in the City of Lethbridge. Graffiti vandalism

has been on the rise in Lethbridge. Prompt removal is one of the universally accepted methods of discouraging graffiti. Three teams of two, north side, south side and west side, armed with pressure washers, solvents and paint, worked for five months removing graffiti. The effect was noticeable and positive.

IMPLICATION OF RECOMMENDATION GENERAL: Increased property values. Improved image of City to

visitors. Reduced fear of crime. Decreased incidences of graffiti.

ORGANIZATIONAL: An increase of six .5 FTE seasonal non-permanent

employees for the 2008 summer season. FINANCIAL: One time cost of approximately $150,000 including wages,

truck and supplies. IMPLICATION/ COMMUNICATIONS:

Program ran from April 1 to September 30, 2008. Crews removed 4,978 “tags” in total, 1623 from the west side, 1661 from the north side and 1694 from the south side. Graffiti was removed from buildings, fences, utility boxes, garbage bins, poles, signs, mail boxes, benches, walkways and playgrounds.

BRIEFING SHEET Legislation & Policy In conjunction with enforcement of the new graffiti bylaw.


Plans To be a welcoming community.

Recommended Option To receive this report as information.

Public Participation Public encouraged to report graffiti to Public Operations or

to the City web site. Reports / Documents None

Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________ _____________________________________________

City Council Meeting Monday, May 17, 2008 • Kevin Jensen, Public Operations Coordinator, re Control of Graffiti

545-A 555-D

T.H. WICKERSHAM: WHEREAS City Council directed Administration on March 17, 2008 to report back on options for combating graffiti as well as costs involved THEREFORE BE IT RESOLVED THAT recommendation to implement a three crew “blitz” program to combat graffiti at a cost of $150,000 for 2008 with funding from the Municipal Revenue Stabilization Reserve (MRSR) be approved AND FURTHER BE IT RESOLVED THAT an ongoing graffiti abatement program be referred to the 2009 – 2011 operation budget deliberations as a new initiative AND FURTHER BE IT RESOLVED THAT the City Solicitor be directed to prepare an amendment for City Council consideration to the relevant Bylaw that presently deals with defacement of public or private property to increase the penalties with respect to such defacement on or before June 23, 2008 AND FURTHER BE IT RESOLVED THAT a report be given to City Council on the success of the blitz program by October 27, 2008

AND FURTHER BE IT RESOLVED THAT Mr. Jensen be thanked for his presentation.

-------------------------CARRIED

ACTION: City Treasurer, City Solicitor, Community Services,

Infrastructure Services ………………………………..


Subject: Collaborative Arrangement between the City of Lethbridge and the

Canadian Naval Centennial for the Naden Band of Maritime Forces Pacific (West) to perform in Lethbridge tentatively scheduled for October 13, 2010.

Submitted By: Ashley Matthews, General Manager, ENMAX Centre

RECOMMENDATION: Advise the Canadian Naval Centennial that the City of

Lethbridge is interested in having the traveling musical concert perform in Lethbridge and that the ENMAX Centre Theatre would be available on October 13, 2010 to host this event and Ashley Matthews (General Manager, ENMAX Centre) would be the venue immediate contact. Furthermore, the Community and Social Development Committee will be available to assist the Canadian Naval Centennial in the selection of a community non-profit group who would assist in promoting this event and sharing in the net revenue generated.

PURPOSE: In 2010, Canada’s Navy will mark its 100th anniversary of

service to our country. A musical tribute to “100 Years of Naval Service to Canada”, this traveling musical concert plans to bring 105 minutes of large scale musical entertainment to 53 towns and cities across Canada. The Canadian Naval Centennial are seeking the following information in regards to hosting this event in Lethbridge on October 13, 2010:

1. Is there interest for this event to come to Lethbridge? 2. Is there a suitable facility to host this event? 3. Is the facility available on October 13, 2010? 4. Who would be the immediate contact to discuss the

venue particulars? 5. Would the City assist in determining a charitable

cause in our community to direct surplus ticket proceeds?

IMPLICATION OF RECOMMENDATION GENERAL: This event will provide entertainment value to the community

and a potential financial donation to a community “not for profit” organization.


ORGANIZATIONAL: There will be staff time (ENMAX Centre) required to assist with the coordination of this event and Community and Social Development committee time to assist with the selection of the community “not for profit” group.

FINANCIAL: Presently the Canadian Naval Centennial are not requesting

any funding from the City, however it is anticipated they will request the City provides the ENMAX Centre at no cost. Based on current event information the projected rental fee to host this event at the ENMAX Centre is $11,000.00.

IMPLICATION/ COMMUNICATIONS:

The Canadian Naval Centennial are requesting a response by November 30, 2008 and if there is community interest they would send a representative to tour the facility and further discuss this event.

BRIEFING SHEET Legislation & Policy Not Applicable

Plans Not Applicable

Options Not Applicable

Recommended Option Not Applicable

Public Participation Not Applicable

Risk Analysis Not Applicable

Reports / Documents Not Applicable

Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________

_____________________________________________

City Council Meeting Monday, September 2, 2008 • D.W. Robertson, Vice-Admiral, Chief of the Maritime Staff, National

Defence, re Collaborative Arrangement between the City of Lethbridge and the Canadian Naval Centennial for the Naden Band of Maritime Forces Pacific (West) to perform in Lethbridge tentatively scheduled for October 13, 2010

625-D

S.G. WARD: BE IT RESOLVED THAT the communication from D.W. Robertson, Vice-Admiral, Chief of the Maritime Staff, National Defence requesting a collaborative arrangement between the City of Lethbridge and the Canadian Naval Centennial for the Naden Band of Maritime Forces Pacific (West) to perform in Lethbridge tentatively scheduled for October 13, 2010 which may include a suitable performing arts theatre, or auditorium that could accommodate an audience of 1,000 people, be received as information and filed AND FURTHER BE IT RESOLVED THAT the request be referred to the Administration for review and report back by October 14, 2008.

-------------------------CARRIED

ACTION: Community Services, City Clerk

1


Subject: Signing Authority Policy

Submitted By: Dianne Nemeth, City Clerk

Doug Hudson, City Solicitor

RECOMMENDATION: That City Council Signing Authority Policy (CC38) be

approved.

PURPOSE: To clarify the signing authorities and procedures for bylaws,

minutes, contracts, agreements, land transactions, and any other contractual agreement binding the City of Lethbridge.

IMPLICATION OF RECOMMENDATION GENERAL: The City Council is required by legislation to specify the

signing authority. The policy formalizes the current process. A separate policy is in place for Investments (Policy FS 3). This policy delegates the responsibility to the City Treasurer or designate to establish practices and internal controls for its investments operations. In addition, the City Council passes a resolution on a regular basis regarding signing authority for banking purposes.

ORGANIZATIONAL: The City has been in the situation where agreements have

not been filed in the Records Centre. Only by having agreements continue to be processed by the City Solicitor, the City Clerk, and the Mayor’s Office, can the City ensure that a copy is available for future reference. This policy will provide guidelines for new City employees to understand the process for signing authority

BRIEFING SHEET Legislation & Policy The Municipal Government Act requires the City Council to

specify who is authorized to sign minutes, bylaws, contracts, and agreements (Section 213). The proposed resolution reflects the current practices. Signing authority has been delegated through the Council-Manager Bylaw and the City Clerk Bylaw.


2

Reports/Documents City Council Signing Authority Policy (CC38)

Submitted By: _________________________ Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________ _____________________________________________

Revision Date & Time:

Number: CC38

Administered by: City Council

Approved by:

Effective date: Oct. 27, 2008

Page: 1 of 2

SIGNING AUTHORITY PURPOSE The Council of the City of Lethbridge has a broad mandate to provide good government, develop and maintain a safe and viable community, and to supply desirable and/or necessary services to the community. The purpose of this policy is to establish signing authorities and procedures for bylaws, minutes, contracts, agreements, land transactions, or any other contractual agreement binding the City of Lethbridge. PERSONS AFFECTED City Council/Mayor/Administration POLICY STATEMENT It is the policy of the City of Lethbridge that the signing authorities and procedures be designated for bylaws, minutes, contracts, agreements, land transactions, or any other contractual agreement binding the City of Lethbridge. DEFINITIONS Contracts and agreements include all legally binding contracts enter into by the City of Lethbridge that are enforceable in a court of law including the following types:

o easements o encroachments o funding agreements o grant agreements o leasing agreements o service agreements o right of way agreements o tender agreements

Number: CC38

Page: 2 of 2

RESPONSIBILITIES The signing authority for bylaws, contracts, agreements, land transfers, and condominium certificates shall consist of two signatures, one of which is the Mayor, and the second being the City Clerk, or their designates. The signing authority for City Council and Council Committee Minutes shall consist of two signatures, one of which is the person presiding at the meeting, and the second being the City Clerk or designate. The process for signing authority for investments is outlined in Investments Policy No. FS 3. This policy delegates the responsibility to the City Treasurer or designate to establish practices and internal controls for its investments operations. In addition, Council passes a resolution on a regular basis concerning signing authority for banking purposes. PROCEDURES FOR CONTRACTS AND AGREEMENTS

1. All documentation binding the City of Lethbridge and requiring execution is to be directed to the City Solicitor’s Department for review.

2. Upon completion of review by the City Solicitor, the documentation will

be forwarded to the City Clerk requesting execution. Upon completion, one copy will be retained in the Records Centre as the official City document, and the remaining copies will be returned to the City Solicitor for distribution.

REFERENCES

• Municipal Government Act • Bylaw 2915 – Council-Manager Bylaw • Bylaw 4783 – City Clerk Bylaw • Investments Policy No. FS 3

REVISION/REVIEW HISTORY • October 27, 2008: New document

1


Subject: Social Policy

Submitted By: Diane Randell, Community and Social Development Manager

RECOMMENDATION: That City Council Social Policy (CC39) be approved.

PURPOSE: The purpose of this policy is to provide a framework and

guidelines to facilitate the development of a social infrastructure

IMPLICATION OF RECOMMENDATION GENERAL: City Council received a report from the Community and

Social Development Committee on July 21, 2008 entitled, “Towards a Brighter Future: A Framework for Social Policy and the Priorities for 2009-11”. At the meeting of July 21, 2008, City Council directed that the policy portion of the Framework be formatted to be consistent with City Council Policy Statements. Attached is the resultant policy.

ORGANIZATIONAL: The Community and Social Development Committee’s

mandate is to act as an advisory board to City Council on issues relating to social policy, services and social program funding. The policy has been developed based on their recommendations and the approval of the Framework for Social Policy and the Priorities fro 2009-2011 by City Council.

BRIEFING SHEET Legislation & Policy A new City Council policy has been developed to outline the

roles of City Council, the Community and Social Development Committee, and Administration. The policy does recognize the roles of the provincial and federal governments. One of the tasks of the City Council is to advocate and lobby for action to address the social needs of our citizens that are the responsibility of other jurisdictions.

Reports/Documents City Council Social Policy (CC39)


2

Submitted By: _________________________ Reviewed By: _________________________ City Treasurer: _________________________ City Solicitor: _________________________ Reviewed & Endorsed by City Manager: _________________________________ City Manager’s Comments: _____________________________________________ _____________________________________________ _____________________________________________

Revision Date & Time:

Number: CC39

Administered by: City Council

Approved by:

Effective date: Oct. 27, 2008

Page: 1 of 3

SOCIAL POLICY PURPOSE The Council of the City of Lethbridge has a broad mandate to provide good government, develop and maintain a safe and viable community, and to supply desirable and/or necessary services to the community. The purpose of this policy is to provide a framework and guidelines to facilitate the development of a social framework that meets the needs of the citizens of Lethbridge. The quality of life in a community depends on both its physical and social infrastructure. Citizens must have genuine opportunities to participate in society, develop their potential and enjoy fair access to income, education, services and resources. PERSONS AFFECTED City Council/Community & Social Development Committee/Administration/All Employees/Special Purpose Bodies POLICY STATEMENT The City of Lethbridge envisions a city in which all individuals, families and communities have opportunities for healthy development leading to social well-being. The City believes that healthy development and social well-being occurs when:

• All citizens are treated with dignity and respect • Diversity is recognized and viewed as an asset that enriches every aspect

of people’s lives • Disparities between groups are reduced such that all citizens have access

to the basic necessities of life • All people have opportunity to participate in community life, contribute to

society and develop their potential, irrespective of their age, race, religion, gender, sexual orientation or socio-economic position

• Citizens experience a sense of belonging, acceptance and recognition • All citizens share in the responsibility of ensuring the quality of life within

a community

Number: CC39

Page: 2 of 3

GUIDING PRINCIPLES

• People are one of a community’s most valuable resource. Investments made in the development and support of people enhances the quality of community life in all its aspects

• The City of Lethbridge and its citizens are able to recognize and build upon community strengths. Similarly, service priorities can best be identified at the local level

• Partnerships and collaboration between people, associations, institutions and government are fundamental to creating the momentum required for social change

• Investment in prevention and early intervention enhances the well-being of individuals, strengthens families and benefits the community as a whole

• Volunteerism is linked to positive outcomes for individuals and the community

• The primary responsibility for the funding of social programs rests with the federal and provincial governments

• Sustainable social framework depends on effective consultation and cooperation between all three orders of governments

LONG TERM COMMUNITY OUTCOME The long term vision is strong, healthy families and a safe, viable community. This will be achieved by:

• Participation and Social Inclusion – adequate opportunity for all citizens to participate in community life and experience a sense of belonging and identity

• Respect for Diversity – all people are treated equally, respected and supported in the community without discrimination based on race, national or ethnic origin, color, religion, sex, sexual orientation, age or mental or physical disability

• Shared Responsibility – there is a sense of shared responsibility within the community for the social well-being of all citizens

• Strategic Resource Allocation - resources are strategically allocated based on social need and identified service priorities

• Collaboration and Coordination of Services –a high level of collaboration exists between the various services and sectors within the community (public, private and volunteer)

RESPONSIBILITIES City Council to:

a. Advocate and lobby for action to address the social needs of our citizens that are the responsibility of other jurisdictions

Number: CC39

Page: 3 of 3

b. Provide resources to support agencies to address community needs. This

may include public education, information sharing, community engagement processes, and funding

c. Measure the impact of the work towards the long term vision, communicating it to the community

d. Act on issues relating to Social Policy, services and social program funding as presented and recommended by the Community & Social Development Committee

Community & Social Development Committee to:

a. Act as an advisory board to City Council on issues relating to Social Policy, services and program funding impacting the social well-being of the community of Lethbridge

b. Develop and maintain a current Social Policy, forwarding recommendations to City Council

c. Identify trends related to social policy d. Establish community priorities based on community consultation,

assessment, and outcome evaluation Administration to:

a. Work with the community to identify and build upon community strengths and priority needs

b. Bring the key players together to build a plan to address these community needs as well as build capacity in the community

c. Measure the impact of the work towards the long term vision, communicating it to the Community & Social Development Committee, City Council, and community

d. Support the Community & Social Development Committee and City Council with social policies

REFERENCES

• Municipal Government Act • Family and Community Support Services Act and Regulations • Community & Social Development Committee Terms of Reference • Towards a Brighter Future: A Framework for Social Policy and the Priorities

for 2009-11 (Approved by City Council July 21, 2008) • Progress Towards a Brighter Future: A Review of Community

Accomplishments, New & Persistent Social Issues & The Way Forward for the City of Lethbridge, July 2008

REVISION HISTORY • October 27, 2008: New Document (Social Policy)

Office of the City Clerk

File Number: 555-B

October 21, 2008

For Submission to October 27, 2008

City Council Meeting

His Worship the Mayor and Members of City Council Re: Municipal Historic Resource Bylaw 5550, Spudnut Shop (1102 – 5th

Avenue South) and Bylaw 5551, Annandale House (1280 – 4th Avenue South

As req uested by City Council, at the City Council Meeting of August 5th, ‘Notice of Intent to Designate a Municipal Historic Resource’ was sent to the owners of the Spudnut Shop and Annandale House on August 7, 2008. No written notice of objection was received from the owners, Eagle Commodities Ltd. and Garfield & Diane Bland, respectively, by October 14, 2008. Bylaws 5550 and 5551 are presented for first reading. Sincerely, City of Lethbridge

Dianne Nemeth, CLGM, MMC, CMC CITY CLERK bb

City Council Meeting Monday, August 5, 2008 • Graeme Woods, Strategic Initiative Coordinator, re Municipal Historic

Resource Designation of Spudnut Shop (1102 – 5 Avenue South)

530 555-B

M.A. SIMMONS: BE IT RESOLVED THAT the report from Administration advising that the Heritage Advisory Committee is recommending the Spudnut Shop located at 1102 – 5th Avenue South be designated as a Municipal Historic Resource, be received as information and filed AND FURTHER BE IT RESOLVED THAT the recommendation be approved and the City Clerk be instructed to send a ‘Notice of Intent to Designate’ as required under the Historical Resources Act to Eagle Commodities Ltd., owner of the Spudnut Shop AND FURTHER BE IT RESOLVED THAT a Designation Bylaw be prepared by the City Solicitor for City Council’s consideration after the required sixty days notice has expired. .

-------------------------CARRIED ACTION: City Clerk, City Solicitor, Corporate Initiatives

………………………………..

City Council Meeting Monday, August 5, 2008 • Graeme Woods, Strategic Initiative Coordinator, re Municipal Historic

Resource Designation of Annandale Residence (1280 – 4 Avenue South)

530 555-B

R. DODIC:

BE IT RESOLVED THAT the report from Administration advising that the Heritage Advisory Committee is recommending the Annandale Residence located at 1280 – 4th Avenue South be designated as a Municipal Historic Resource, be received as information and filed AND FURTHER BE IT RESOLVED THAT the recommendation be approved and the City Clerk be instructed to send a ‘Notice of Intent to Designate’ as required under the Historical Resources Act to Garfield and Diane Bland, owners of the Annandale Residence AND FURTHER BE IT RESOLVED THAT a Designation Bylaw be prepared by the City Solicitor for City Council’s consideration after the required sixty days notice has expired.

-------------------------CARRIED ACTION: City Clerk, City Solicitor, Corporate Initiatives

………………………………..

October 22, 2008

For Submission to October 27, 2008 Council Meeting

His Worship the Mayor and Members of City Council Re:

SS - E-08-29; 674S Bowron Substation Capacity Upgrade Yard Works

The recommendation of the Purchasing Manager to award the sole source project to Rising Edge Technologies of Calgary, AB is submitted for your consideration and approval. The cost breakdown of the bid is as follows: Total cost of this bid including GST $195,812.92 Less available GST refunds 9,324.42 Net cost to the City of Lethbridge $186,488.50 Respectfully submitted,

Garth Sherwin, C.A. City Manager

October 22, 2008



SS - S-08-114; Utility Billing Services

The recommendation of the Purchasing Manager to award the sole source project to Cognera Corp. of Calgary, AB is submitted for your consideration and approval. The cost breakdown of the 3 year contract is as follows: Total cost of the 3 year contract including GST $5,136,600 Less available GST refunds 244,600 Net cost to the City of Lethbridge $4,892,000 Respectfully submitted,


October 22, 2008



SS - S-08-115; Meter Reading

The recommendation of the Purchasing Manager to award the sole source project to DataCo Utility Services Ltd. of Calgary, AB is submitted for your consideration and approval. The cost breakdown of the 3 year contract is as follows: Total cost of the 3 year contract including GST $2,553,000 Less available GST refunds 122,000 Net cost to the City of Lethbridge $2,431,000 Respectfully submitted,


October 22, 2008



SS - S-08-117; Municipal Development Plan Visioning Consultant

The recommendation of the Purchasing Manager to award the sole source project to Envision Sustainability Tools Inc. of Vancouver, BC is submitted for your consideration and approval. The cost breakdown of the bid is as follows: Total cost of this bid including GST $217,350 Less available GST refunds 10,350 Net cost to the City of Lethbridge $207,000 Respectfully submitted,


October 22, 2008



SS - C-08-25; River Valley Infrastructure Repair

The recommendation of the Purchasing Manager to award the sole source project to Getkate Construction Ltd. of Lethbridge, AB is submitted for your consideration and approval. The cost breakdown of the bid is as follows: Total cost of this bid including GST $357,000 Less available GST refunds 17,000 Net cost to the City of Lethbridge $340,000 Respectfully submitted,


Office of: Development Services

October 20, 2008

For Submission to City Council Meeting

October 27, 2008

His Worship the Mayor and Members of City Council RE: Bylaw 5547: Proposed Land Use Bylaw Amendment 3530 24th Avenue South 3610 24th Avenue South Fairmont Neighbourhood Bylaw 5547 is before City Council for first reading. The application has been submitted by the City of Lethbridge Real Estate and Land Development Department. The purpose of the bylaw is to reclassify the Chinook Pet Clinic from DC (Direct Control) to C-H (Highway Commercial). The purpose of the application is to allow for more intensive commercial development on this site. The bylaw will also reclassify the adjacent Telus facility from DC (Direct Control) to P-B (Public Building) as a housekeeping amendment. The Telus site will continue to be used as a communication facility. It is recommended that City Council schedule a Public Hearing to allow for community input on this matter. Gary Weikum, MA, MCIP Community Planning Manager

Bylaw 5547 Proposed Land Use Bylaw Amendment

3530 & 3610 24th Avenue South

Office of: City Solicitor October 21, 2008

For Submission to

City Council Meeting October 27, 2008

His Worship the Mayor and Members of City Council RE: Bylaw 5547: Proposed Land Use Bylaw Amendment 3530 24th Avenue South 3610 24th Avenue South Fairmont Neighbourhood Attached hereto for Council’s consideration and first reading is Bylaw 5547. Also on the Agenda you will note a letter of explanation from Gary Weikum, Community Planning Manager, with respect to this amendment. Douglas S. Hudson, Q.C., City Solicitor

BYLAW NO. 5547 ---------------------------

A BYLAW OF THE CITY OF LETHBRIDGE TO AMEND BYLAW NO. 4100

THE LAND USE BYLAW OF THE CITY OF LETHBRIDGE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. Bylaw No. 4100 - The Land Use Bylaw of the City of Lethbridge is hereby

amended. 2. Bylaw No. 4100 is amended by changing the land use classification of:

Block W Plan 4038 IC From: (DC) - Direct Control District To: (C-H) - Highway Commercial

(All of which is shown on the attached Schedule "A")

3. Bylaw No. 4100 is amended by changing the land use classification of: The northerly 30.48 meters of Lot 49PUL Block 15 Plan 0716448 From: (DC) - Direct Control District To: (P-B) - Public Building District (All of which is shown on the attached Schedule “A”) 4. This Bylaw shall come into full force and effect on the date of final passing thereof.

READ A FIRST TIME this _______day of __________________, A.D. 2008

__________________________ ________________________________

MAYOR CITY CLERK

READ A SECOND TIME this _______day of __________________, A.D. 2008

___________________________ ________________________________

MAYOR CITY CLERK

READ A THIRD TIME this _______day of ____________________, A.D. 2008

__________________________ _______________ ____________

MAYOR CITY CLERK

SCHEDULE “A”

Bylaw 5547 Proposed Land Use Bylaw Amendment


Office of: Development Services

October 20, 2008

For Submission to City Council Meeting

October 27, 2008

His Worship the Mayor and Members of City Council RE: Bylaw 5548: Proposed Road Closure of Service Road adjacent 3530 24th Avenue South and 3610 24th Avenue South Fairmont Neighbourhood Bylaw 5548 is before City Council for first reading. The application has been submitted by the City of Lethbridge Real Estate and Land Development Department. The purpose of the bylaw is to close a redundant service road adjacent 24th Avenue South (Highway 4). If the service road is closed, the resultant property will be sold to the adjacent landowners to support existing and proposed developments. It is recommended that City Council schedule a Public Hearing to allow for community input on this matter. Gary Weikum, MA, MCIP Community Planning Manager

Bylaw 5548 Proposed Road Closure Service Road adjacent



For Submission to


His Worship the Mayor and Members of City Council RE: Bylaw 5548: Proposed Road Closure of Service Road adjacent 3530 24th Avenue South and 3610 24th Avenue South Fairmont Neighbourhood Attached hereto for Council’s consideration and first reading is Bylaw 5548. Also on the Agenda you will note a letter of explanation from Gary Weikum, Community Planning Manager with respect to this initiative. Douglas S. Hudson, Q.C., City Solicitor

BYLAW NO. 5548 -----------

A BYLAW OF THE CITY OF LETHBRIDGE

PURSUANT TO SECTION 22 OF THE MUNICIPAL GOVERNMENT ACT, R.S.A.

(2000) TO PROVIDE FOR THE CLOSING OF CERTAIN ROADS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEREAS Section 22 of the Municipal Government Act, R.S.A. (2000) provides that a Council may pass bylaws for the purpose of closing and selling, leasing or holding the whole or any portion of any street, avenue, lane or public highway; AND WHEREAS a Plan registered in the Land Titles Office for the Southern Alberta Registration District as 0010774 includes a service road in the City of Lethbridge described as follows:

Plan 0010774 Containing 0.205Hectares more or less

(All as shown on attached Schedule “A”)

AND WHEREAS notice of the intention of Council to consider passing a Bylaw to close the said service road has been duly served upon the persons abutting upon the said road so proposed to be closed; AND WHEREAS a copy of the Notice has been published once a week for two successive weeks in a newspaper having a general circulation in the City of Lethbridge; AND WHEREAS the City Council has heard the objections of such individuals or interested parties as appeared or made written submission before it at the Hearing held on the 17th day of November, 2008. NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:

1. That a certain parcel or tract of land in the City of Lethbridge being

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registered as a road described as follows is hereby closed, that is to say: Plan 0010774 Containing 0.205Hectares more or less (All as shown on attached Schedule “A”)

2. Upon registration of this Bylaw in the Land Titles Office for the Southern

Alberta Land Registration District and the issuance of a Certificate of Title to the City of Lethbridge, the City is hereby authorized to hold, sell or lease all or a portion of the said lands.

3. This Bylaw shall come into full force and effect on the date of final passing

thereof. READ A FIRST TIME this day of , A.D. 2008 ______________________________ __________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2008 ________________________________ __________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2008 _____________________________ __________________________ MAYOR CITY CLERK

Schedule “A”

Bylaw 5548 Proposed Road Closure Service Road adjacent



For Submission to


His Worship the Mayor and Members of City Council RE: Bylaw 5550: A Bylaw of the City of Lethbridge to Designate The Spudnut Shop at 1102 – 5 Avenue South, Lethbridge as a Municipal Historic Resource Attached hereto for Council’s consideration and first reading is Bylaw 5550. Council will recall that the City Clerk was directed to send a Notice of Intent to Designate this property to the property owners. The required 60 days period has now expired and no objection has been received. This Bylaw will be brought forward for further consideration on November 10, 2008. Douglas S. Hudson, Q.C., City Solicitor

BYLAW NO. 5550 -----------

A BYLAW OF THE CITY OF LETHBRIDGE TO DESIGNATE THE SPUDNUT SHOP AT 1102 – 5 AVENUE SOUTH, LETHBRIDGE AS A MUNICIPAL HISTORIC RESOURCE

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

WHEREAS Section 26 of the Historical Resources Act, R.S.A. 2000 permits council to designate any historic resource within a municipality whose preservation Council considers to be in the public interest, together with any land in or on which it is located, as a Municipal Historic Resource;

AND WHEREAS the preservation of The Spudnut Shop located on Lots 1 and 2, Block 60, Plan 4353S appears to be in the public interest as described in the attached Schedule “A” Statement of Significance and Description of Character Defining Elements; NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. The City of Lethbridge is authorized to designate The Spudnut Shop located on Lots 1 and 2, Block 60, Plan 4353S in the City of Lethbridge, Province of Alberta as a Municipal Historic Resource. 2. The Mayor and City Clerk are hereby authorized to execute any necessary documents on behalf of the City of Lethbridge in support of the Municipal Historic Resource designation. 3. No person shall make alterations or repairs to the designated resource which have the effect of diminishing the enumerated Character Defining Elements. 4. Eagle Commodities Ltd., the owner of the property described in paragraph one shall accept total liability and hold harmless The City of Lethbridge from and against all financial and/or economic losses, suits, charges and claims for

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compensation or damages in any manner arising from the designation. 5. This Bylaw shall come into full force and effect on the date of final passing thereof. READ A FIRST TIME this day of , A.D. 2008 ______________________________ __________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2008 ________________________________ __________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2008 _____________________________ __________________________ MAYOR CITY CLERK

SCHEDULE “A”

Statement of Significance Spudnut Shop

501 – 11 Street South/1102 – 5 Avenue South

Description of Historic Place The Spudnut Shop is a two-storey building with a flat roof and a smooth stucco finish. It is located on the corner of two residential streets and occupies two city lots. Heritage Value The Spudnut Shop is significant due to its association with the institution of Babe’s Spudnut & Ice Cream Bar and that of the Lethbridge Conservatory of Music. It is also valuable for its status as a local landmark. It is well known to Lethbridge residents as a long-time purveyor of baked treats, coffee and home-made ice cream. Many locals use the Spudnut Building as a way-finding reference point in the community. The Spudnut Shop is significant because of its association with the institution of the same name. The “Spudnut” and the “Spudnut Shop” was a franchise established in 1939 out of Salt Lake City, Utah. The stores specialized in donut-like treats called Spudnuts, so named because they were made using potato flour. From 1950 to 1956, Babe Harris, a local sports broadcaster, owned and operated the franchise as Babe’s Spudnut & Ice Cream Bar in the former Lethbridge Conservatory of Music Building. Babe Harris sold the business to Byron Shurtz who sold it after 2 years to Gunther Lebro. Wolfgang & Angie Otto worked for Mr. Lebro and then bought the business in 1966. In the 1980’s the Spudnut parent company ceased to exist, but the Lethbridge business continued to operate under the guidance of Wolfgang & Angie Otto until 2000. The main floor business remained empty until 2006 when the owners of Crazy Cakes purchased the building. Mr. Otto is still making Spudnuts twice a week for Crazy Cakes. The Spudnut Building is also significant due to its association with the institution of the Lethbridge Conservatory of Music. The Conservatory began operations in 1906 in various locations until its permanent home was built in this building. Joseph Morgan and James George Harper built the Harper’s Music Store with Gourley Winter & Leaming operating as Lethbridge Conservatory of Music occupying the main floor. Max Stern owned the building from 1940 to 1955. During World War II, the Red Cross utilized the upper floor for sewing and working for the war effort. When

they moved to their own building in August, 1943, Max Stern converted the upper floor into two apartments. These two apartments and exterior were finished in the Art Deco style. From 1955 to 1985 Ernest J. and Virgie M. Schaffer owned the building until Wolfgang and Angie Otto purchased it in 1985. They sold it to the current owner in 2006. Character Defining Elements The character defining elements of the 1940s style, 1909 two and one-half storey building are defined as:

Exterior Elements: • The pediment along the front and side facades • The flat roof • The smooth stucco finish • The pilasters along the first and second storey facades • The gated portal on the side façade • The exterior sign for the Spudnut Shop • The sweeping curved forms of the outside stair rail and portal Upstairs Interior Elements: • The hardwood and linoleum floors with inlay(s) • The kitchen cupboards • The radiused arris walls • The wildlife mat in the room over the garage • The horizontal art deco internal wooden windows • The apartment light fixtures • The sweeping curved forms of fireplaces, walls, and stair features

Written July, 2008


For Submission to


His Worship the Mayor and Members of City Council RE: Bylaw 5551: A Bylaw of the City of Lethbridge to Designate The Annandale Residence at 1280 – 4 Avenue South, Lethbridge as a Municipal Historic Resource Attached hereto for Council’s consideration and first reading is Bylaw 5551. Council will recall that the City Clerk was directed to send a Notice of Intent to Designate this property to the property owners. The required 60 days period has now expired and no objection has been received. This Bylaw will be brought forward for further consideration on November 10, 2008. Douglas S. Hudson, Q.C., City Solicitor

BYLAW NO. 5551 -----------

A BYLAW OF THE CITY OF LETHBRIDGE

TO DESIGNATE THE ANNANDALE RESIDENCE AT 1280 – 4 AVENUE SOUTH, LETHBRIDGE

AS A MUNICIPAL HISTORIC RESOURCE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEREAS Section 26 of the Historical Resources Act, R.S.A. 2000 permits council to designate any historic resource within a municipality whose preservation Council considers to be in the public interest, together with any land in or on which is located, as a Municipal Historic Resource;

AND WHEREAS the preservation of The Annandale Residence located on Lots 16 to 20 inclusive, Plan 206B appears to be in the public interest as described in the attached Schedule “A” Statement of Significance and Description of Character Defining Elements; NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. The City of Lethbridge is authorized to designate The Annandale Residence located on Lots 16 to 20 inclusive, Plan 206B in the City of Lethbridge, Province of Alberta as a Municipal Historic Resource. 2. The Mayor and City Clerk are hereby authorized to execute any necessary documents on behalf of the City of Lethbridge in support of the Municipal Historic Resource designation. 3. No person shall make alterations or repairs to the designated resource which have the effect of diminishing the enumerated Character Defining Elements. 4. Garfield O. Bland and Diane R. Bland, the owners of the property described in paragraph one shall accept total liability and hold harmless The City of Lethbridge from and against all financial and/or economic losses, suits,

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charges and claims for compensation or damages in any manner arising from the designation. 5. This Bylaw shall come into full force and effect on the date of final passing thereof. READ A FIRST TIME this day of , A.D. 2008 ______________________________ __________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2008 ________________________________ __________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2008 _____________________________ __________________________ MAYOR CITY CLERK

SCHEDULE “A”

Statement of Significance

Annandale Residence 1280 – 4 Avenue South

Description of the Historic Place The Annandale Residence is a two and one-half storey building with a flared hip roof and hip roof dormers and is clad with wooden shingles. It is situated on a corner parcel of a residential neighbourhood. Heritage Value The Annandale Residence is significant as a good example of a variation of the Georgian Revival style of architecture. The residence is also valuable for its association with Lewis Martin Johnstone and George Graham Ross. The Georgian Revival style is demonstrated with its hip roof, wide eaves with large outriggers, and hipped dormers on two sides of the roof. The eclectic approach to residential design of large houses was a tradition in Alberta and the Annandale is within this tradition. The offset front entranceway and the off-centered bay windows reflect the deviations from the traditional symmetrical design. The Annandale Residence is valuable for its association with Lewis Martin Johnstone, K.C., a founder of Huckvale and Company, a local law firm that still operates today. He purchased the land in 1906 and had Annandale built in 1909 and occupied it until 1935. The home received its name after the border district of Scotland which is the ancestral home of the Johnstone Clan. Annandale is also valuable for its association with George Graham Ross who owned the house from 1937 to 1940. Ross operated a 250,000 acre ranch in the Lethbridge area and was active in local, regional, national and international affairs. Ross was a founding member of the Community Auction Sales Association and held the top positions in the Western Stock Growers’ Association and the Canadian Council of Beef Producers, and was also a charter member of the Flying Farmers of Alberta. In 1940 the Annandale Residence was purchased by George Rice, who practiced law in partnership with G.C. Paterson. George Rice came to Lethbridge in 1914 and his descendents live in the city to this day. The Rice family sold the house in 1976; it then became an apartment house, a rooming house, and half-

way house prior to the current owners, Garfield and Diane Bland restoring it to a single family dwelling in 1984. Character Defining Elements The character defining elements as expressed in the form, massing, and materials of the 1909 two and one-half storey residence, such as:

• The flared hip roof with flared hip dormers • The eaves with large outriggers • The open veranda, with slender Doric columns • The semi-circular archway over the entrance • The pattern, style and construction of all wooden windows and lattice and

detailing above the windows • The two brick chimneys with indentations and corbels • The cedar shiplap wood siding with 4 ½ “ exposed face on the main level • The cedar shingles used as siding with 4” exposed face on the second

level Written July, 2008

BYLAW NO. 5540

********************** A BYLAW OF THE CITY OF LETHBRIDGE TO AMEND BYLAW NO. 4100 – THE LAND USE BYLAW OF THE

CITY OF LETHBRIDGE AND

TO ESTABLISH THE USES AND RULES FOR A DIRECT CONTROL DISTRICT OF BYLAW NO. 4100 - THE

LAND USE BYLAW OF THE CITY OF LETHBRIDGE

******************************************************************************* THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:

1. Bylaw No. 4100 - The Land Use Bylaw of the City of Lethbridge is hereby amended.

2. Bylaw No. 4100 is hereby amended by changing the land use classification of:

Lots 1 and 2 Block 3 Plan 0711987

From: R-L (Low Density Residential District) P-B (Public Building District)

To: DC (Direct Control District)

(All of which is shown on the attached Appendix “A”)

3. This Bylaw shall also establish uses and rules for the Direct Control District in accordance with Section 65 of Land Use Bylaw 4100 and, unless otherwise provided by this Bylaw or by a statutory plan affecting the lands described above:

a) all uses, terms, requirements and processes are as described in Sections 1-39 of Land Use Bylaw 4100,

- 2 - b) the general rules for all districts, as described in Sections 40-62 of the

Land Use Bylaw 4100, apply to uses of the land described above.

4. Uses

Permitted Uses Transition Home Child Care, Minor Park Accessory Buildings

5. The Development Officer is authorized to decide on development permit applications.

6. This Bylaw shall come into effect on the date of final passage thereof. READ A FIRST TIME THIS Day of , AD, 2008 Mayor City Clerk READ A SECOND TIME THIS day of , AD, 2008 Mayor City Clerk READ A THIRD TIME THIS day of , AD, 2008 Mayor City Clerk

Schedule “A”

Council Date Page Item Responsibility Estimated Completion Date Status

April 28/08 183 RFP S-08-62; Electric Business Model Study (Chymko Consulting) City Solicitor May 31/08 Contracts to be Executed

April 28/08 184RFP S-06-21; Lethbridge Circulation Roadways Functional Planning Study (EarthTech Canada Inc.)

City Solicitor Oct. 13/08Initial grant funding failed - attempting to get another one; Amend existing contract

May 26/08 220

C-06-09; Amended Contract; Detailed Design and Construction Services, Galt Museum/Green Acres Development (UMA Engineering Ltd.)

City Solicitor Sept. 2/08 Amend existing contract

June 23/08 275RFP S-08-52; Civil Engineering Services - ENMAX Centre Expansion (Associated Engineering Alberta Ltd.)

City Solicitor July 23/08 On hold - not yet prepared

August 18/08 333 Extension of contract for auditing services to Dec. 31/08 (KPMG, LLP) City Solicitor Sept. 15/08 Contract extension to be executed

August 18/08 333 Extension of contract for banking services to Jan. 31/2011 (TD Canada Trust) City Solicitor Sept. 15/08 Contract extension to be executed

August 18/08 336 E-08-19; Transformer PCB Testing (JACO Environmental Systems) City Solicitor Sept. 30/08 Contract to be executed

August 18/08 337

S-08-68; 28th Street North Upgrade - Functional, Detailed Design & Construction Services (ISL Engineering & Land Services Ltd.)

City Solicitor Sept. 15/08 Contract to be executed

August 18/08 338S-08-87; Professional Consulting Services for Public Operations Building (Quinn Young Architects Ltd.)

City Solicitor Sept. 15/08 Contract to be executed

August 18/08 338EQ-08-34; Digital Voice Logger Recorder (Canadian Communications Products Inc.)

City Solicitor August 31/08 Contract to be executed

Sept. 29/08 392 SS S-08-107; Public Operations Review (BWR Corp.) City Solicitor Oct. 31/08 Contract to be executed

FOLLOW UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS

Tenders and RFP's 1Revised 10/23/2008

Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS

Sept. 29/08 392 SS S-08-80; Visitor Information Services (Chinook Country Tourist Association) City Solicitor Oct. 31/08 Contract to be executed

Oct. 14/08 403

C-08-03; RiverStone Phase 13, SunRidge 3C & SunRidge Offsite Underground Utilities and Surface Improvements (Sorochan Enterprises Ltd.)

City Solicitor Contract to be executed

Tenders and RFP's 2Revised 10/23/2008