notice of city council meeting - lethbridge · notice of city council meeting date: monday, august...

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NOTICE OF CITY COUNCIL MEETING DATE: MONDAY, AUGUST 10, 2009 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS A G E N D A CALL TO ORDER 1:30 p.m. Invocation Bouquets 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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Page 1: NOTICE OF CITY COUNCIL MEETING - Lethbridge · NOTICE OF CITY COUNCIL MEETING DATE: MONDAY, AUGUST 10, ... Letter of Intent to Host 2012 Alberta Summer Games ... bicycle parts, and

NOTICE OF CITY COUNCIL MEETING

DATE: MONDAY, AUGUST 10, 2009 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS

A G E N D A

CALL TO ORDER 1:30 p.m.

Invocation Bouquets 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:

1:40 P.M. 1. Kevin Kvame, Chair, Lethbridge Sports Bid Committee, re Letter of Intent to Host 2012 Alberta Summer Games [see Communications A]

2. Kevin Kvame, Executive Director, Lethbridge Bulls, re 10th Anniversary of the Lethbridge Bulls [see Communications B]

2:00 P.M. 3. Rudy Friesen, General Manager, Exhibition Park, re Request for Lethbridge Transit Shuttle Service from the Exhibition to the Lethbridge College Parking Lot C (North and East of the Barn) during Whoop-Up Days (August 18 to 22) [see Communications C]

2:15 P.M. 4. Stan Coxson, President and Rob Miyashiro, Executive Director, Lethbridge Senior Citizens Organization (LSCO), re Waiver of Rental Fee for the Civic Centre Field and the Show/Mobile for the 1st Annual Family Festival to be held after the Whoop-Up Days Parade on August 18, 2009 [see Communications D]

2:30 P.M.

BREAK

2:45 P.M. 5. Dawna Coslovi, Chief Executive Officer, Greenacres Foundation, re Request for a Letter of Support regarding Sunny South Lodge Grant Funding [see Communications F]

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COMMUNICATIONS (Copies Enclosed)

IINNTTEERRNNAALL CCOOMMMMUUNNIICCAATTIIOONNSS

K.E.T. 1. From Corey Wight, City Treasurer, re Distinguished Budget Presentation Award

M.A.S. 2. From Duane Ens, Regulatory Services Manager, re Unsightly Premises at 1262 – 5th Avenue North

M.A.S. 3. From Duane Ens, Regulatory Services Manager, re Unsightly Premises at 1270 – 5th Avenue North

M.A.S. 4. From Duane Ens, Regulatory Services Manager, re Unsightly Premises at 419 – 12 ‘C’ Street North

K.E.T. 5. From Kathy Hopkins, Director of Community Services, re Memorandum of Understanding – Community Stadium

B.A.L. 6. From Dianne Nemeth, City Clerk, re Bylaw 5599, Acadia Block (624 – 3 Avenue South), Bylaw 5600, Hick Sehl Building (618 – 3 Avenue South) and Bylaw 5601, D.J. Whitney House (3202 – 28 Street South)

TENDERS/REQUEST FOR PROPOSAL

T.H.W. 7. From Garth Sherwin, City Manager, re Invitation to Tender C-09-25; Lethbridge Playground Upgrades

R.K.P. 8. From Garth Sherwin, City Manager, re Sole Source S-09-68; Fundamentals of Supervision

EXTERNAL COMMUNICATIONS

T.H.W. A. From Kevin Kvame, Chair, Lethbridge Sports Bid Committee, re Letter of Intent to Host 2012 Alberta Summer Games

T.H.W. B. From Kevin Kvame, Executive Director, Lethbridge Bulls, re 10th Anniversary of the Lethbridge Bulls

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COMMUNICATIONS: (continued)

(Copies Enclosed)

EXTERNAL COMMUNICATIONS

K.E.T. C. From Rudy Friesen, General Manager, Exhibition Park, re Request for Lethbridge Transit Shuttle Service from the Exhibition to the Lethbridge College Parking Lot C (North and East of the Barn) during Whoop-Up Days (August 18 to 22)

B.A.L. D. From Stan Coxson, President and Rob Miyashiro, Executive Director, Lethbridge Senior Citizens Organization (LSCO), re Waiver of Rental Fee for the Civic Centre Field and the Show/Mobile for the 1st Annual Family Festival to be held after the Whoop-Up Days Parade on August 18, 2009

R.K.P. E. From Judy Brown, Executive Assistant, Canadian Badlands Ltd., re Canadian Badlands Welcome Sign Funding Program

T.H.W. F. From Dawna Coslovi, Chief Executive Officer, Greenacres Foundation, re Request for a Letter of Support regarding Sunny South Lodge Grant Funding

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BYLAWS: FOR FIRST READING: • BYLAW 5599 – Designation of the Acadia Block (624 – 3 Avenue

South) as a Municipal Historic Resource

• BYLAW 5600 –Designation of the Hick Sehl Building (618 – 3 Avenue South) as a Municipal Historic Resource

• BYLAW 5601 - Designation of the D.J. Whitney House (3202 – 28

Street South) as a Municipal Historic Resource

FOR FIRST, SECOND AND THIRD READING: K.E.T. • BYLAW 5602 – Development Officer Designation

OFFICIAL BUSINESS: REPORTS: The following listed items are considered to be routine and are indicated on the Agenda by an asterisk (*). These agenda items will be covered by one resolution with the exception of any items City Council may wish to debate separately. M.A.S. *1. Tender Summary Report for July

*2. Follow-Up Action List

INCAMERA REPORTS:

• Advice from Officials (FOIP Section 24)

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Department: Finance

August 4, 2009

For Submission to August 10, 2009 Council Meeting

His Worship the Mayor and Members of City Council Re:

Distinguished Budget Presentation Award

Earlier this year, the City of Lethbridge submitted its 2009-2011 three year Operating Budget for review by the Government Finance Officers Association of the United States and Canada. It is my distinct pleasure to advise City Council that the City of Lethbridge, has received the Distinguished Budget Presentation Award for a third time.

This award is the highest form of recognition in governmental budgeting. It reflects the commitment of City Council and staff to meeting the highest principles of budgeting. In order to receive the Award, the City had to publish a budget document that met international program criteria as a policy document, as an operations guide, as a financial plan and as a communications device. Given that the City’s budget is a triennial budget, the Award is for a three year period. This truly represents a significant achievement for the City of Lethbridge. Council should be very proud of its commitment to the triennial budgeting vision. We are among a select few communities in Canada that have earned this Award. Considerable work from across the corporation went into this budget document, but I want to make special mention of the tireless efforts and dedication of the Office Managers and the staff of Financial Services. They played a key role in making this vision a reality. And finally, a special thanks is owed to Hailey Pinksen, Financial Planning & Budget Supervisor, Kerry Boogaart, Sr. Accounting Technician and Patti Williams, Administrative Assistant for compiling and publishing the budget document. Respectfully Submitted,

Corey Wight, CA Director Corporate Services

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Date of City Council Meeting: August 10, 2009

Subject: Unsightly Premise at 1262 - 5 Avenue North

Submitted By: Duane Ens Regulatory Services Manager

RECOMMENDATION: That City Council issue a notice by way of Form B in

accordance with City of Lethbridge Bylaw 3193, The Unsightly Premises Bylaw, to the owner of 1262 - 5 Avenue North, Maynard Roelofs. And further that City Council set the date of September 8, 2009 for this matter to be reviewed at a Public Hearing.

PURPOSE: To provide notice to the property owner Maynard

Roelofs, that the Regulatory Services Manager has reported to City Council that an investigation of the property has determined that the premises falls within the definition of unsightly premises according to Bylaw 3193 and to set a date for a Public Hearing where the property owner can make a presentation to City Council setting forth reasons why an Order should not be made to remedy the condition on these premises.

IMPLICATION OF RECOMMENDATION

GENERAL: A complaint was received with respect to and the

subsequent investigation revealed, that the property contains: three dilapidated unregistered vehicles, lumber, truck box cover, vehicle parts, scrap metal, and miscellaneous items as identified in the photographs. In accordance with section 4 of Bylaw 3193, a notice to the owner and occupant to remedy the conditions found to be in violation of the Bylaw was posted at the address as prescribed in section 7. The owner has failed to remedy the conditions stated in the notice. Form A.

REQUEST FOR DECISION

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IMPLICATION/ COMMUNICATIONS:

That City Council set a Public Hearing date approximately 30 days from the date that the Form B is issued to allow the owner the opportunity to make representation to City Council and set forth reasons why an Order should not be made. Following the Public Hearing, pursuant to City of Lethbridge Bylaw 3193, failing compliance, an Order of City Council may be made by way of Form C advising that the property owner has fifteen (15) days to remedy the untidy or unsightly condition of the property or the City may take the necessary action to remedy the condition of the property, and add the costs to the tax roll of said property.

BRIEFING SHEET

Legislation & Policy Unsightly Premises Bylaw 3193

Public Participation The property owner has a right to address the matter at

a Public Hearing date as set out by City Council. Reports / Documents Photographs of 1626 5 Avenue North , July 29, 2009

Submitted By: Duane Ens ______________ Reviewed By: _______________________ City Treasurer: _______________________ City Solicitor: _______________________ Reviewed & Endorsed by City Manager: ______________________________ City Manager’s Comments: _________________________________________ _________________________________________ _________________________________________

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Date of City Council Meeting: August 10, 2009

Subject: Unsightly Premise at 1270 - 5 Avenue North

Submitted By: Duane Ens Regulatory Services Manager

RECOMMENDATION: That City Council issue a notice by way of Form B in

accordance with City of Lethbridge Bylaw 3193, The Unsightly Premises Bylaw, to the owner of 1270 - 5 Avenue North Avenue North, Maynard Roelofs. And further that City Council set the date of September 8, 2009 for this matter to be reviewed at a Public Hearing.

PURPOSE: To provide notice to the property owner Maynard

Roelofs, that the Regulatory Services Manager has reported to City Council that an investigation of the property has determined that the premises falls within the definition of unsightly premises according to Bylaw 3193 and to set a date for a Public Hearing where the property owner can make a presentation to City Council setting forth reasons why an Order should not be made to remedy the condition on these premises.

IMPLICATION OF RECOMMENDATION

GENERAL: A complaint was received with respect to and the

subsequent investigation revealed, that the property contains: three dilapidated unregistered vehicles, old vehicle motor, an old stove, truck box cover, various household furniture including three easy chairs, and an old dresser, bicycle parts, and miscellaneous piles of yard waste, as identified in the photographs. In accordance with section 4 of Bylaw 3193, a notice to the owner and occupant to remedy the conditions found to be in violation of the Bylaw was posted at the address as prescribed in section 7. The owner has failed to remedy the conditions stated in the notice. Form A.

REQUEST FOR DECISION

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IMPLICATION/ COMMUNICATIONS:

That City Council set a Public Hearing date approximately 30 days from the date that the Form B is issued to allow the owner the opportunity to make representation to City Council and set forth reasons why an Order should not be made. Following the Public Hearing, pursuant to City of Lethbridge Bylaw 3193, failing compliance, an Order of City Council may be made by way of Form C advising that the property owner has fifteen (15) days to remedy the untidy or unsightly condition of the property or the City may take the necessary action to remedy the condition of the property, and add the costs to the tax roll of said property.

BRIEFING SHEET

Legislation & Policy Unsightly Premises Bylaw 3193

Public Participation The property owner has a right to address the matter at

a Public Hearing date as set out by City Council. Reports / Documents Photographs of 1270 5 Avenue North , July 29, 2009

Submitted By: Duane Ens_____________ Reviewed By: _______________________ City Treasurer: _______________________ City Solicitor: _______________________ Reviewed & Endorsed by City Manager: ______________________________ City Manager’s Comments: _________________________________________ _________________________________________ _________________________________________

Revision Date & Time:

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Date of City Council Meeting: August 10, 2009

Subject: Unsightly Premise at 419 - 12 C Street North

Submitted By: Duane Ens Regulatory Services Manager

RECOMMENDATION: That City Council issue a notice by way of Form B in

accordance with City of Lethbridge Bylaw 3193, The Unsightly Premises Bylaw, to the owner of 419 - 12C Street North, Maynard Roelofs. And further that City Council set the date of September 8, 2009 for this matter to be reviewed at a Public Hearing.

PURPOSE: To provide notice to the property owner Maynard

Roelofs, that the Regulatory Services Manager has reported to City Council that an investigation of the property has determined that the premises falls within the definition of unsightly premises according to Bylaw 3193 and to set a date for a Public Hearing where the property owner can make a presentation to City Council setting forth reasons why an Order should not be made to remedy the condition on these premises.

IMPLICATION OF RECOMMENDATION

GENERAL: A complaint was received with respect to and the

subsequent investigation revealed, that the property contains: two dilapidated unregistered vehicles, three washing machines, dilapidated utility trailer, tires, old cabinet, old swing set pieces, and broken lawn mower items as identified in the photographs. In accordance with section 4 of Bylaw 3193, a notice to the owner and occupant to remedy the conditions found to be in violation of the Bylaw was posted at the address as prescribed in section 7. The owner has failed to remedy the conditions stated in the notice. Form A.

REQUEST FOR DECISION

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IMPLICATION/ COMMUNICATIONS:

That City Council set a Public Hearing date approximately 30 days from the date that the Form B is issued to allow the owner the opportunity to make representation to City Council and set forth reasons why an Order should not be made. Following the Public Hearing, pursuant to City of Lethbridge Bylaw 3193, failing compliance, an Order of City Council may be made by way of Form C advising that the property owner has fifteen (15) days to remedy the untidy or unsightly condition of the property or the City may take the necessary action to remedy the condition of the property, and add the costs to the tax roll of said property.

BRIEFING SHEET

Legislation & Policy Unsightly Premises Bylaw 3193

Public Participation The property owner has a right to address the matter at

a Public Hearing date as set out by City Council. Reports / Documents Photographs of 419 12C Street North , July 29, 2009

Submitted By: Duane Ens______________ Reviewed By: _______________________ City Treasurer: _______________________ City Solicitor: _______________________ Reviewed & Endorsed by City Manager: ______________________________ City Manager’s Comments: _________________________________________ _________________________________________ _________________________________________

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Date of City Council Meeting: August 10, 2009

Subject: Memorandum of Understanding – Sports Stadium

Submitted By: Kathy Hopkins

Community Services Director RECOMMENDATION: That City Council approve the Memorandum of

Understanding between the City of Lethbridge and the University of Lethbridge outlining the principles for the operations and community access to the new Sports Stadium.

PURPOSE: The Sports Stadium is a capital project partnership with the

University of Lethbridge that was approved in the 2003 -2014 Capital Improvement Program. The facility will officially open on September 19, 2009. The memorandum of understanding defines the principles for the operating model and for community access to the facilities.

IMPLICATION OF RECOMMENDATION GENERAL: In September, 2003 the Lethbridge Sport Field Development

Strategy was presented to City Council. The strategy outlined a framework for meeting the current and future needs of rugby, football and soccer groups in the community. Two projects were identified. The first was a six field natural turf site suitable for hosting tournament events. This project was sited in the Sherring Industrial Park and completed in 2006. The second project in the strategy was the development of a community stadium that would also incorporate the requirements for competitive track and field events. The University of Lethbridge stepped forward to partner in the project. The total capital cost for the new facility is $11,400,000 with the City contributing $3,730,000. The facility is nearing completion and the official opening is scheduled for September 19, 2009. The attached memorandum of understanding is intended to set the long term principles for the operating model and for community access. Specifically, the University agrees:

1. To operate the facility as a University/Community facility. Activities will include booking, repairs, maintenance and operations.

2. To provide competition facilities for Lethbridge High School football, school and community track and field

REQUEST FOR DECISION

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and other local sporting organizations based on established priorities.

3. To provide youth and adult programs and services for university and community users.

4. To make the stadium available to host local, regional and national events

5. To maintain budget and financial operations of the facility

6. To invest and annual surpluses from the operations first to a reserve for the operations of the facility to a maximum of 10% of the annual operating budget. Once the maximum is reached any excess will be contributed into a reserve for capital replacement.

7. To host an annual “Users Meeting” to review booking policies, procedures and rental rates.

In return the City agrees to:

1. Contribute and annual operating grant of $30,000 per year to be adjusted for inflation with the City’s operating budget cycle.

2. Represent community groups at the annual users meeting.

3. Share in the replacement of capital assets (sports turf, track surfaces) in the amount of 1/3 of any shortfall that may occur.

FINANCIAL: The annual $30,000 operating grant has been included in

the City’s operating budget. BRIEFING SHEET Plans 2005 – 2014 CIP; 2009 -2011 Operating Budget

Public Participation A community advisory group has assisted in the design and

development of the facility and the booking priority model. Groups have been apprised of the 2009 Fees and Charges for facility use.

Risk Analysis It is anticipated that the sports turf will require replacement

within 10 -12 years. The track surface is expected to have a 15 – 18 year lifecycle. These replacement costs have been factored into facility rental fees. However, if a shortfall occurs at the time of replacement, the agreement stipulates that the City will contribute 1/3 of the requirement. Annual monitoring of operations and setting of rental fees should minimize any risk.

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Reports / Documents Sports Stadium – Memorandum of Understanding

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

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SPORTS STADIUM

MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING IS MADE EFFECTIVE September 1, 2009

BETWEEN:

THE GOVERNORS OF THE UNIVERSITY OF LETHBRIDGE

(hereinafter called 'U of L")

AND

THE CITY OF LETHBRIDGE (hereinafter called 'City")

WHEREAS the City has provided a significant capital contribution ($3.73 million) to the Sports Stadium (the "facility") in order to expand the sport and recreational facilities available to their constituents. The role of the City of Lethbridge is to ensure fair community access to the facility;

AND WHEREAS the University owns and operates the facility and the U of L and the City have agreed to make the Stadium a University/Community facility available to university and community users;

NOW THEREFORE in consideration of the premises and the mutual covenants, agreements and conditions herein contained, the parties agree as follows:

1. Facilities and Services

1.1 The U of L hereby agrees to:

i. Operate the Stadium facility on University grounds as a University/Community Facility (booking, repairs, maintenance and operations)

ii. Provide competition facilities, for Lethbridge High School Football, Pronghorn Soccer, school and community Track and Field and other local sporting organizations based on established priority use;

iii. Provide training facilities, University Credited Academic Programs, Pronghorn Soccer, Rugby, Track, community Track and Field, High School and community Football programs and other community sporting teams based on established priority use;

iv. Provide youth and adult programs and services for university and

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community users; v. Make Stadium available to host local and regional and national

events; vi. Provide on-site parking for community users at the prevailing parking

rates for the facility; vii. Maintain budget and financial operations of the facility; viii. Invest any annual surpluses from the operation of the facility firstly into a

reserve for the operations of the facility to a maximum amount of 10% of the annual operating budget. Once the maximum operations reserve is reached any excess will be contributed into a reserve for capital replacement.

ix. The University of Lethbridge will be responsible for the cost of the University use of the facility;

x. Host an annual "Facilities Users Meeting" to review booking policies, procedures and rental rates, provide user statistics, general updates and to receive user feedback. An annual summary report will be provided to the City;

xi. Follow facility booking and use policies and priorities for all users; xii. Determine facility and equipment maintenance schedules; xiii. Determine insurance requirements for events and groups.

1.2 The City hereby agrees to:

i. Contribute an annual operating grant of $30,000, adjusted each City budget cycle for inflationary increases beginning 2009 -2010.

ii. Represent community groups at annual “Facilities Users Meeting”; iii. Dedicate space in the Leisure Guide for Stadium promotions; iv. Link the Stadium website to the City's website. v. Share in the cost of replacement of stadium complex capital in the

amount of 1/3 of any shortfall not covered by the capital replacement reserve set up for this purpose.

2. Facility Usage Fees 2.1 The University will determine the rental/event/membership fees applicable for the

use of the facilities, all fees to be reviewed by the City in advance of being passed by the U of L Board of Governors;

2.2 All users of the facilities will be responsible for the fees to access the facilities. 3. Policies and Procedures

The City agrees to abide by the University of Lethbridge's policies and procedures of which the parties are apprised, which may be changed from time to time. Any disputes or concerns will be handled as outlined in the applicable policy.

4. Indemnification

Each party agrees to indemnify and hold the other party, its successors and assigns, and its directors, officers, staff and employees harmless from and against any and all liability, losses, damages and expenses of any kind or nature incurred by the other party, its successors, assigns, directors, officers, staff and employees by reason of any and all

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manner of actions, suits, claims or demands whatsoever at law or inequity which may be asserted against them by any and all third parties by reason of any matter, cause or thing whatsoever arising from the negligence or willful misconduct of the other party, it's employees, agents or any party acting on behalf of or under that party's authority. This indemnification shall survive the termination of this Memorandum of Understanding.

5. Insurance

The U of L shall insure its operations under a contract of comprehensive general liability insurance with reputable insurers in the amount of not less $2,000,000 Canadian per occurrence, insuring against bodily injury, personal injury and property damage, including the use thereof.

6. Notices

Any notice or demand required or permitted hereunder is to be given at the following addresses:

University of Lethbridge 4401 University Drive, Lethbridge, Alberta T1K 3M4 c/o Vice-President (Finance and Administration) City of Lethbridge 910 -4th Avenue South Lethbridge, Alberta TI1 OP6 c/o Mayor's Office

7. FOIP and Other Applicable Laws

The parties acknowledge that this Memorandum of Understanding is subject to the Freedom of Information and Protection of Privacy Act ("FOIP") and all of the terms and conditions of this Agreement shall be carried out in compliance with FOIP and any and all other applicable laws.

8. Choice of Law

This Memorandum of Understanding will be governed by and construed in accordance with the laws of the Province of Alberta and where applicable the federal laws of Canada.

9. Term and Termination

9.1 The parties agree that the duration of this Agreement shall be for a period of ten (10) YEARS from September 1, 2009 to August 31, 2019.

9.2 The parties may extend the terms within the Agreement for an additional Five (5) YEAR term or terms at the conclusion of the Agreement with the same terms and conditions. Should the parties desire to enter renewal negotiations, either party must serve written notice one year in advance of the conclusion of the Agreement of the intent to enter into renewal negotiations. Failure of the parties to agree will then be referred to mediation.

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Page 4 of 5

9.3 Either party may terminate this Agreement, without cause, upon 12 months written notice.

10. Modifications

Amendments may be proposed at any time regarding this Memorandum of Understanding by either party and shall become effective upon signing by both parties. No changes to this Memorandum of Understanding shall be binding unless and until reduced to writing and signed by duly authorized officials of both parties.

11. Mediation/Arbitration

11.1 Should the parties be at an impasse over the intent or term of this Agreement, then the dispute will be referred to mediation. Mediation is an informal non-binding conference or conferences between the parties in which a mediator will seek to guide the parties to a resolution of the dispute. The parties will select a mutually acceptable external mediator. The mediation process shall continue until the case is resolved, one of the parties wishes to terminate the mediation, or the mediator files a report stating there is no possibility of resolution. If mediation fails the parties may proceed to arbitration. Each party shall be responsible for its own witness and counsel fees. Each party is responsible for 50% of the mediator cost.

11.2 An arbitrator pursuant to the provisions of the Arbitration Act shall resolve any matter not resolved by mediation, submitted to Arbitration under this Agreement. The Parties will select a single arbitrator by mutual agreement, within FIVE (5) business days in respect of a matter when one party serves on the other party a notice in writing of the failure of the mediation. The arbitrator shall proceed to hear the submission of the parties forthwith after his/her appointment and shall render a decision within NINETY (90) calendar days after such hearing. The decision of the arbitrator shall be binding on all parties. Each party shall be responsible for its own witness and counsel fees. Each party is responsible for 50% of the arbitrator cost.

12. General

12.1 The parties agree not to use or refer to each other, its logo or any symbol in any promotional material without the express written consent of the other.

12.2 The parties shall exercise every reasonable effort to meet their respective obligations under this Memorandum of Understanding but shall not be liable for failures to perform or delays in performance resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any law or regulation, acts of God, fires, strikes, lockouts, national disasters, wars, riots and/transportation problems.

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IN WITNESS THEREOF each party hereto has caused this Agreement to be executed by an authorized official on the date set forth above.

The Governors of The University of Lethbridge The City of Lethbridge Per: _________________________ __________________________ R.D. Tarleck Title:_________________________ Mayor __________________________

D. Nemeth City Clerk

Date: _________________________ Date: _________________________

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Date of City Council Meeting: August 10, 2009

Subject: Bylaw 5599, Acadia Block (624 – 3 Avenue South), Bylaw 5600,

Hick Sehl Building (618 – 3 Avenue South and Bylaw 5601, D.J. Whitney House (3202 – 28 Street South)

Submitted By: Dianne Nemeth, City Clerk

RECOMMENDATION: City Council give first reading to Bylaws 5599, 5600 and

5601

PURPOSE: Designation of Municipal Historic Resource

IMPLICATION OF RECOMMENDATION GENERAL: As requested by City Council at the Council Meeting of May

19, 2009, Notice of Intent to Designate a Municipal Historic Resource was sent to the owners of the Acadia Block, Hick Sehl Building and D.J. Whitney House

Background/ Justification :

No written notice of objection was received from the owners Dove Christian Supplies Ltd, Sehl-Ryn Holdings Ltd. and Jason Stone & Taina Arnell, respectively, by July 27, 2009.

Recommended Option Give first reading to Bylaws 5599, 5600 and 5601, Municipal

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

_____________________________________________

REQUEST FOR DECISION

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City Council Meeting Monday, May 19, 2009 • Graeme Woods, Strategic Initiatives Coordinator, re Municipal Historic

Resource Designation of Acadia Block (614 – 3 Avenue South)

530 555-B

J.H. CARLSON: BE IT RESOLVED THAT the report from Administration advising of the Heritage Advisory Committee’s recommendation that the Acadia Block located at 614 – 3 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 the property owners AND FURTHER BE IT RESOLVED THAT a Designation Bylaw be prepared for City Council’s consideration following expiry of the required sixty days notice.

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

……………………………….. • Graeme Woods, Strategic Initiatives Coordinator, re Municipal Historic

Resource Designation of David James Whitney House (3202 – 28 Street South)

530 555-B

S.G. WARD:

BE IT RESOLVED THAT the report from Administration advising of the Heritage Advisory Committee’s recommendation that the David James Whitney House located at 3202 – 28 Street South be designated as a Municipal Historic Resource, be received as information and filed

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COMMUNICATIONS: (continued) 530

555-B 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 the owners of the property AND FURTHER BE IT RESOLVED THAT a Designation Bylaw be prepared for City Council’s consideration following expiry of the required sixty days notice.

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

………………………………..

• Graeme Woods, Strategic Initiatives Coordinator, re Municipal Historic Resource Designation of Hick-Sehl Building (618 – 3 Avenue South)

530 555-B

K.E. TRATCH:

BE IT RESOLVED THAT the report from Administration advising of the Heritage Advisory Committee’s recommendation that the Hick-Sehl Building located at 618 – 3 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 the owners of the property AND FURTHER BE IT RESOLVED THAT a Designation Bylaw be prepared for City Council’s consideration following expiry of the required sixty days notice.

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

ACTION: City Solicitor, City Clerk, Corporate Initiatives ………………………………..

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Date of City Council Meeting: August 10, 2009 Subject: ITT C-09-25; Lethbridge Playground Upgrades Submitted By: Garth Sherwin, CA

City Manager RECOMMENDATION: The recommendation of the Purchasing Manager to award

the above competition to the low bidder, Caliber Landscaping Ltd. of Coalhurst, AB is submitted for your consideration and approval.

PURPOSE: This project will upgrade eight (8) City playgrounds and

provide one (1) new playground. This project will run concurrently with the Playground Equipment Supply and Install Contract previously awarded to Park N Play. The playgrounds included in this project are, Norbridge, Labour Club, Laval, Henderson Pool, Henderson Lake East, Fairmont, Georgetown, Kiwanis, and Sheridan.

FINANCIAL: The cost breakdown of the amended contract is as follows:

Total cost of this proposal including GST $556,523.77 Less available GST refunds 26,501.13 Net cost to the City of Lethbridge $530,022.64

Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________

REQUEST FOR DECISION

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Date of City Council Meeting: August 10, 2009 Subject: SS S-09-68; Fundamentals of Supervision Submitted By: Garth Sherwin, CA

City Manager RECOMMENDATION: The recommendation of the Purchasing Manager to award

the above sole source project to Capability Connections Consulting of Calgary, AB is submitted for your consideration and approval.

PURPOSE: To continue delivering a customized City of Lethbridge

Leadership Program for the period of January 1, 2010 to December 31, 2011.

FINANCIAL: The cost breakdown of the sole source purchase is as follows:

The cost breakdown of the bid is as follows: Total estimated cost of a two (2) yr contract including GST $104,298.60 Less 100% GST refunds 4,966.60 Net estimated cost to the City of Lethbridge $ 99,332.00 * This is a unit rate contract based on number of participants and number of sessions conducted. Total contract value may vary based on actual requirements. The cost breakdown also includes estimated travel, accommodations and meals for instructors.

Reports/Docouments: Tender Overview Procurement Recommendation Memo Reviewed & Endorsed by City Manager: ____________________________________

REQUEST FOR DECISION

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July 22, 2009 For submission to August 10, 2009 Council Meeting

His Worship the Mayor and Members of City Council RE: Formal notice and request to appear before Council for resolution supporting a letter of intent to host the 2012 Alberta Summer Games. The Lethbridge Sports Bid Committee wishes to formally request a council resolution supporting a letter of intent outlining our community’s interest in bidding to host the 2012 Alberta Summer Games (due August 14, 2009). The formal bid must be delivered by October 16, 2009. If we decide to proceed with the formal bid, the Sports Bid Committee will work to this end and will return to Council with details of the bid. Thank you for your support. _______________________________________ Kevin Kvame Chair of the Lethbridge Sports Bid Committee cc. Kathy Hopkins Stuart York Carol Thibert

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Office of: City Solicitor August 5, 2009

For Submission to City Council Meeting

August 10, 2009

His Worship the Mayor and Members of City Council RE: Bylaw 5599: A Bylaw of the City of Lethbridge to Designate The Acadia Block at 614 – 3 Avenue South, Lethbridge as a Municipal Historic Resource Attached hereto for Council’s consideration and first reading is Bylaw 5599. 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 August 24, 2009. Douglas S. Hudson, Q.C., City Solicitor

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BYLAW 5599 -----------

A BYLAW OF THE CITY OF LETHBRIDGE

TO DESIGNATE THE ACADIA BLOCK AT 614 – 3 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 Acadia Block located at 614 – 3 Avenue South, Lethbridge, Alberta 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 Acadia Block located at 614 – 3 Avenue South, 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. Dove Christian Supplies Ltd., 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, charges and claims for compensation or damages in any manner arising from the

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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. 2009 ______________________________ __________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2009 ________________________________ __________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2009 _____________________________ __________________________ MAYOR CITY CLERK

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SCHEDULE “A”

Statement of Significance Acadia Block

614 – 3 Avenue South, Lethbridge, Alberta

Description of Historic Place The Acadia Block is a rectangular, two-storey, flat roofed, brick commercial building, with a one-storey addition on the south elevation. It is located on a vital pedestrian and commercial street, occupying a commercial lot across from the Galt Gardens and the Carnegie Library in the Lethbridge downtown core. Heritage Value The Acadia Block is significant for its association with the commercial development of Lethbridge. It is also valuable for its association with Charles Broughton Bowman. The Acadia Block is significant for its association with the commercial development of Lethbridge. Constructed by W.R. Virtue in 1909, during a period of commercial boom, the Acadia Block fulfilled local demand for office and commercial space for Lethbridge’s growing and diversifying service economy. While the block has accommodated accountants, lawyers, and doctors, some of its first tenants were the C.B. Bowman agency, the Red Cross Book Store, and Clarke’s Ladies’ Wear. The owners C.B. Bowman and Lewis Martin Johnstone repaired the building after it was damaged by fire in 1918. The Acadia Block’s rich commercial history attests to the continued commercial viability of the building given its key location in the downtown area, its large capacity, and its attractive design. The Acadia Block is valuable for its association with the C.B. Bowman, who came from Nova Scotia to Lethbridge in the late 1800s. He started the C.B. Bowman Agency in 1891, which dealt in insurance, loans and real estate and which moved into the Acadia Block after its construction. By 1918, Bowman is identified as co-owning the building with L.M. Johnstone. Bowman was also very active in the local community; he was mayor of Lethbridge in 1909, and held other positions with the City such as municipal councillor, City assessor and secretary treasurer, and secretary of public schools. Bowman retired in 1936. In 1926 to 1927 Leys & Wishart Grocers started business at 616 – 3 Avenue South. This single storey building is now part of 614 – 3 Avenue South as the adjoining west wall has been removed. By 1947, Yeo Quong bought out Robert Ley’s business and opened the Royal Fruit Store. Yeo Quong operated his business here until he retired in 1978.

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Character Defining Elements The character defining elements as expressed in the form, massing, and materials of the 1909 two-storey building, such as;

• The common bond brickwork on the exterior • The commercial store front with central doorway and the cornice capping

the storefront • The cornice on the second level, with dentils, metal frieze, and arched

parapet with a large name plate reading “Acadia Building” • The pattern, style, and construction of all original exterior windows,

especially the four semi-elliptical basket-handle arched windows and voussoirs on the second storey and the smaller, semi-circular arched window at the centre on the second storey

Description Two-storey commercial building

Significance Criteria A: Theme – commercial development of early Lethbridge

Context Built during a period of commercial and residential boom

Period of Significance (POS) 1909 - present

Character Defining Elements (CDEs)

• The common bond brickwork on the exterior • The commercial store front with central

doorway and the cornice capping the storefront

• The cornice on the second level, with dentils, metal frieze, and arched parapet with a large name plate reading “Acadia Building”

• The pattern, style, and construction of all original exterior windows, especially the four semi-elliptical basket-handle arched windows and voussoirs on the second storey and the smaller, semi-circular arched window at the centre on the second storey

Integrity Criteria: The overall integrity of the building is satisfactory.

1. Location

The location of the building has not been changed.

2. Design

The design of the building has not been significantly altered. First storey altered sympathetically to building design.

3. Environment

The environment, or surroundings, has not changed significantly over the years.

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4. Materials

The original materials of the building have not changed.

5. Workmanship The workmanship of the building is original.

6. Feeling The feeling of the building and site has not changed.

7. Association

The building retains its association with the theme of commercial development of early Lethbridge.

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Office of: City Solicitor August 5, 2009

For Submission to City Council Meeting

August 10, 2009

His Worship the Mayor and Members of City Council RE: Bylaw 5600: A Bylaw of the City of Lethbridge to Designate The Hick-Sehl Building at 618 – 3 Avenue South Lethbridge as a Municipal Historic Resource Attached hereto for Council’s consideration and first reading is Bylaw 5600. 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 August 24, 2009. Douglas S. Hudson, Q.C., City Solicitor

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BYLAW 5600 -----------

A BYLAW OF THE CITY OF LETHBRIDGE

TO DESIGNATE THE HICK-SEHL BUILDING AT 618 – 3 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 Hick-Sehl Building located on Plan 4353S, Block 33, Lot 9 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 Hick Sehl Building located on Plan 4353S, Block 33, Lot 9 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. Shell-Ryn Holdings Ltd., 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, charges and claims for compensation or damages in any manner arising from the

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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. 2009 ______________________________ __________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2009 ________________________________ __________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2009 _____________________________ __________________________ MAYOR CITY CLERK

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SCHEDULE “A”

Statement of Significance

Hick-Sehl Building 618 – 3 Avenue South,

Lethbridge, Alberta Description of the Historic Place The Hick-Sehl Building, located at 618 – 3rd Avenue South is a three-storey, flat-roofed brick building. It is located on a city commercial lot, across the street from the Galt Gardens, in the heart of the Lethbridge downtown core. Heritage Value The Hick-Sehl Building is a significant for its association with the commercial development of Lethbridge and for its neo-baroque style of design uncommon in the area. The Hick-Sehl Building is valuable for its association with the commercial development of the young City of Lethbridge. Fred Hick, a pioneer hardware merchant in Lethbridge and his partner, Edward J. Sehl, created the Hick-Sehl Hardware Company and constructed the building to house this venture in 1912. As it was the first retail hardware store in the City, the company quickly became a prominent business. It continued to operate successfully until 1947. The store catered to several markets, such as commercial and residential construction, and to the City’s vibrant agricultural sector. Modern Fashions operated in this building from 1947 to 1990 when the Bolokoski family closed the business and sold the building to GMT Computing. The Hick-Sehl Building is significant as an example of neo-baroque style of design uncommon in Lethbridge. The prominent central bay windows on the front façade, the decorative neo-baroque elements, and the use of brick and stone detailing on the front façade contribute to the building’s grand appearance. The building was unique in its time for a commercial building in the City and was of noteworthy design, and today it remains so – both an unusual and an attractive building in the downtown core. Character Defining Elements The character defining elements as expressed in the form, massing, and materials of the 1912 three-storey building such as:

• The brick and stone material • The pattern, style and construction of all wooden windows, especially the

large, central projecting bay windows on the second and third storey of the front façade

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• The cast stone sills and lintels and decorative elements above the side windows on the front façade

• The cornice on the third storey façade and the arched, stone parapet above it

• The ghost signage on the third storey, on the west and south sides of the building

• Pressed metal ceilings • Stepped roof line and parapet

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Office of: City Solicitor August 5, 2009

For Submission to City Council Meeting

August 10, 2009

His Worship the Mayor and Members of City Council RE: Bylaw 5601: A Bylaw of the City of Lethbridge to Designate The David James Whitney House at 3202 – 28 Street South, Lethbridge as a Municipal Historic Resource Attached hereto for Council’s consideration and first reading is Bylaw 5601. 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 August 24, 2009. Douglas S. Hudson, Q.C., City Solicitor

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BYLAW 5601 -----------

A BYLAW OF THE CITY OF LETHBRIDGE

TO DESIGNATE THE DAVID JAMES WHITNEY HOUSE AT 3202 – 28 STREET 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 David James Whitney House located at 3202 – 28 Street South, Lethbridge, Alberta 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 David James Whitney House located on Lot 9, Plan 9111085 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. Jason Paul Stone and Taina Maria Arnell, 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, charges and claims for compensation or damages in any manner arising from the

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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. 2009 ______________________________ __________________________ MAYOR CITY CLERK READ A SECOND TIME this day of , A.D. 2009 ________________________________ __________________________ MAYOR CITY CLERK READ A THIRD TIME this day of , A.D. 2009 _____________________________ __________________________ MAYOR CITY CLERK

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SCHEDULE “A” Statement of Significance

David James Whitney House

3202 – 28 Street South, Lethbridge, Alberta

Description of the Historic Place The David James Whitney House is a two-storey, brick residence with high gable roofs and a second storey balcony overhanging an open front veranda. The house is located in a suburb in South Lethbridge. Heritage Value The D.J. Whitney House, or Ideal Farm as it is also known, is significant for is association with the agricultural history of Lethbridge. The D.J. Whitney House is also significant for its distinct Gothic Revival cottage design influences. The D.J. Whitney House is significant for its association with both the advent of irrigated farming and agricultural innovation in the Lethbridge area. The farmhouse was built in 1903 for the residence of Mr. D.J. Whitney and it was surrounded by a 470 acre tract of farm land, known as the Ideal Farm. In conjunction with Dr. William Harmon Fairfield, Whitney successfully experimented with growing techniques and crop varieties and was recognized for his pioneering work in irrigated agriculture. The farmhouse and the surrounding fields were featured in a variety of promotional material, and they became a symbol of the area’s agricultural wealth. Much of the surrounding farmland was acquired by the Lethbridge Junior College (now called Lethbridge College), and now forms part of the college campus. The D.J. Whitney House is significant for its distinct Gothic Revival cottage design influences and as an example of the type of farmhouse common in the owner’s native Ontario at the time, but which was relatively rare in the region. The end gables and peaked roof over the doorway to the balcony have decorative vergeboards and are topped with finials. These elements, combined with the brick structure’s segmented window arches show the influence of the Gothic Revival cottage style. Character Defining Elements The character defining elements as expressed in the form, massing, and materials of the 1903 two-storey house such as;

• The cross gable roof, and the gables above the windows and balcony doorway, which are adorned with vergeboards and finials

• The brick exterior • The pattern, style, and construction of all wooden windows and brick

design around all windows, including the segmented aches

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• The second storey balcony with gabled doorway and the full veranda underneath the balcony, and the wooden support posts and beams

• Balustrade typical of that period

Description Two storey house

Significance Criteria A: Theme – agricultural development of the early Lethbridge area C: Design – Gothic Revival elements

Context Built during a period of commercial and residential development Period of Significance (POS) 1903 - present

Character Defining Elements (CDEs)

• Cross gable roof and the gables above the windows, and

balcony doorway, which are adorned with cross bracing vergeboards and finials

• Brick exterior • Pattern, style, and construction of all wooden windows

and brick design around all windows, including the segmented aches

• Second storey balcony with gabled doorway and the full veranda underneath the balcony, the wooden support posts and beams

• Balustrade typical of that period

Integrity Criteria: The overall integrity of the building is satisfactory. 1. Location

The location of the building has not been changed.

2. Design

The design of the building has not been significantly altered. However, the 1960’s addition is unsympathetic, but the 2008 addition is sympathetic.

3. Environment

The environment has changed due to the institutional and residential development

4. Materials

The materials of the original building are authentic.

5. Workmanship

The workmanship of the building is original.

6. Feeling The feeling of the building has not changed.

7. Association

The building retains its association with the theme of agricultural development in early Lethbridge and Gothic Revival design elements.

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Department: City Solicitor

July 24, 2009

For Submission to

August 10, 2009 Council Meeting

His Worship the Mayor and Members of City Council RE: BYLAW 5602 Amendment to Development Officer Bylaw Attached hereto for Council’s consideration and three readings is Bylaw 5602. Kathy Vander Meer and Ryan Slovack have recently been appointed Development Officers which makes this Bylaw revision necessary in order for Kathy Vander Meer and Ryan Slovack to perform this function.

Douglas S. Hudson, Q.C. City Solicitor

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BYLAW 5602 --------------

A BYLAW OF THE CITY OF LETHBRIDGE TO AMEND

BYLAW 5236 – A BYLAW TO ESTABLISH THE POSITION OF DEVELOPMENT OFFICER AS A DESIGNATED OFFICER

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. Bylaw 5236 – A Bylaw to Establish the Position of Development Officer as a

Designated Officer is hereby amended. 2. Bylaw 5236 is hereby amended by deleting the present Schedule “A” and

inserting in its place the following new Schedule “A”:

SCHEDULE “A” GEPKE STEVENSON - Development Officer JASON PRICE - Development Officer ANGELA OLSEN - Development Officer PAMELA COLLING - Development Officer MAUREEN GAEHRING - Development Officer KATHY VANDER MEER - Development Officer RYAN SLOVACK - Development Officer 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. 2009 ___________________________ ________________________________ MAYOR CITY CLERK READ A SECOND TIME this _______day of __________________, A.D. 2009 ___________________________ ________________________________ MAYOR CITY CLERK READ A THIRD TIME this _______day of ____________________, A.D. 2009 ___________________________ ________________________________ MAYOR CITY CLERK

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Date of City Council Meeting: August 10, 2009 Subject: Tender Summary for July, 2009 Submitted By: Garth Sherwin, CA

City Manager RECOMMENDATION: That the Tender Summary Report for July, 2009 be received

as information and filed.

PURPOSE: Attached is a summary of all competitions awarded for the

month of July, 2009 and a description of each competition as well as the year-to-date summary.

FINANCIAL: N/A Reports / Documents: Tender Summary Report Reviewed & Endorsed by City Manager: ____________________________________

REQUEST FOR DECISION

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Council Date Page Item Responsibility Estimated Completion Date Status

March 7/05 89

To ensure capsules are removed and contents distributed and capsules refilled for the next period (no time capsules from 2006 Centennial)

City Clerk September 2009, 2034, 2059 and 2084

Jan. 9/06 10 Purchase of land in Fairmont Park City Solicitor May 1/08 1/2 to be conveyed to Medican

Jan. 8/07 11Land swap with Elim Society for acquisition of land for road right-of-way for the future North Scenic Drive

City Solicitor June, 2009 Documents at Land Titles

May 26/08 218 Water Conservation Request Ad Hoc Committee June, 2009Review request to incorporate water conservation measures as part of Environment Plan & Policy Initiative

June 23/08 266 Airport Governances and Potential Partnership Ad Hoc Committee October 2009 Identify options and make

recommendations to City Council

March 9/09 105 Lethbridge College Residence Development Project City Solicitor August 30/09 Debenture to be prepared

July 7/08; March 9/09 106 Sale of neighborhood commercial land in

Sunridge (Howler Developments Ltd.) City Solicitor March 31/10 Closing date extended to March 31/10

March 23/09 137 SHIA Funding Agreements Mayor July 31/09 Mayor & City Clerk to execute appropriate funding agreements

April 6/09 159 Land Sale - Water Tower Site City Solicitor May 19/09 Execute related agreements

May 19/09 210

Approval of the Heritage Advisory Committee's recommendation that the Acadia Block be designated as a Municipal Historic Resource

City Clerk August 10/09City Clerk to send "Notice of Intent to Designate" to the owner of the Acadia Block (614-3 Ave. S.)

May 19/09 211

Approval of the Heritage Advisory Committee's recommendation that the David James Whitney House be designated as a Municipal Historic Resource

City Clerk August 10/09

City Clerk to send "Notice of Intent to Designate" to the owner of the David James Whitney House (3202-28 St. S.)

FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

Mayor, City Council, City Clerkand City Solicitor 1

Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

May 19/09 211

Approval of the Heritage Advisory Committee's recommendation that the Hick-Sehl Building be designated as a Municipal Historic Resource

City Clerk August 10/09City Clerk to send "Notice of Intent to Designate" to the owner of the Hick-Sehl Building (618-3 Ave. S.)

June 1/09 237

Approve agreement between Alberta Health Services & the City of Lethbridge to provide interim service for ambulance dispatching to the City & surrounding communities

Mayor & City Clerk June 15/09 Mayor & City Clerk to sign the agreement

June 15/09 258 Contract for facility maintenance agreements for 2009-2011 for:1) Lethbridge Southwest Little League Baseball;2) Little League Alberta District 1 Foundation;3) Lethbridge North Little League Baseball;4) Prairie Baseball Academy Society

Mayor & City Clerk June 29/09 Awaiting return of executed agreements

June 15/09 257 County of Lethbridge - sub-agreement for Airport of Entry Status Mayor & City Clerk July 31/09 Execute sub-agreement with County

of Lethbridge

June 29/09 272Approval of facility use agreement with the Southern Alberta Ethnic Centre for the Bill Kergan Centre for 2009-2034

Mayor & City Clerk September 8/09 Mayor & City Clerk to sign the agreement

July 13/09 284

Renewal of Contract - Fee for Service Agreements for: 1) Allied Arts Council for the Bowman Arts Centre; 2) Lethbridge Symphony Association; 3) Southern Alberta Art Gallery

Mayor & City Clerk Mayor & City Clerk to sign the agreements

July 13/09 286

Agreement to collect Municipal Charges in Alberta for E-9-1-1 Emergency Calling Service & Agreement for the Provision of E-9-1-1 Emergency Calling Service

Mayor & City Clerk Mayor & City Clerk to sign the agreement

Mayor, City Council, City Clerkand City Solicitor 2

Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

July 27/09 295

Lethbridge Sports Bid Committee's request for support for a letter of intent to host the 2012 Special Olympics National Winter Games

Mayor Mayor to write letter of support

July 27/09 296 Unsightly Premises - 237 - 14 St. N. City Clerk Issue Notice in Form C

July 27/09 296 Unsightly Premises - 151 Ryerson Road West City Clerk Issue Notice in Form C

July 27/09 297

Approval of facility use agreements for 2009-2011 with 1) Community Mediation Society of Southern Alberta; 2) Lethbridge Sports Hall of Fame; 3) Lethbridge Community Out of School Association; 4) Family Centre Society of Southern Alberta

Mayor & City Clerk Mayor & City Clerk to sign the agreements

July 27/09 304 Purchase 2731 - 8 Ave. N. City Solicitor Execute related agreements

July 27/09 304 Purchase portion of 250-24 St. N. City Solicitor Execute related agreements

July 27/09 305 Purchase portion of 238-22 St. N. City Solicitor Execute related agreements

July 27/09 305 Purchase portion of 316-24 St. N. City Solicitor Execute related agreements

July 27/09 306 Purchase portion of 411 Mayor Magrath Drive North City Solicitor Execute related agreements

Mayor, City Council, City Clerkand City Solicitor 3

Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - CITY MANAGER

City Manager 1Revised 8/5/2009

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Council Date Page Responsibility Estimated Completion Date Status

March 23/09 131Lethbridge Curling Club's request for a comprehensive planning review of the Civic Sportsfield

Director of Community Services May 1/10

Administration to complete a comprehensive review of the Civic Sports Field/LSCO/YMCA/City Hall/Civic Ice Arena area, and report back to City Council during 2011-20 CIP Discussions

May 4/09 189Canada Games Council request for support for the Canada Summer Games in Prince Edward Island

Director of Community Services August 15/09

City to hold a "Passing the Torch" legacy event at the ENMAX Centre in August, prior to the start of the Games

FOLLOW UP ACTION LIST - COMMUNITY SERVICES

Community Services 1Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

July 13/09 287Community & Social Development Committee request for additional funding for subsidized counselling services

City Treasurer

Amend the 2009 Operating Budget to allocate $60,000 from the $137,000 unallocated FCSS funding to the Subsidized Counselling Services budget

FOLLOW UP ACTION LIST - CORPORATE SERVICES

Corporate Services 1Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

Oct. 1/07 433 Bicycle corridors and bicycle/pedestrian corridors Transportation Manager Dec. 14/09 Update Bicycling Bylaw 3515

April 28/08 185 Circulation Roadways Planning Study Transportation Manager September, 2009

Complete evaluation of river crossing locations; Request Province of Alberta to amend Special Basic Capital Grant

May 26/08 218 Water Conservation Request & Environmental Plan/Policy Ad Hoc Committee Sept. 21/09

Review request to incorporate water conservation measures as part of Environment Plan & Policy Initiative

June 9/08 240 Vehicle Energy Efficiencies re: V4/V6 Engines versus V8 Fleet Services Manager Dec. 14/09 Review and report back to City

Council

July 7/08 286 Land Development System Evaluation and Rebuild (LaSER)

Urban Construction Manager Dec. 14/09

Undertake an evaluation and rebuild of system for reviewing and approving new land developments

Feb. 23/09 70 Pilot project to evaluate waste collection methods in the Downtown Core

Waste & Recycling Manager August 24/09 Administration to report results to City

Council

Feb. 23/09 77Canadian Paraplegic Association (parking in the downtown core for those with physical disabilities)

Transportation Manager Sept. 21/09Administration to report to City Council on the feasibility of implementing the solutions

Feb. 23/09 72 Snow and ice removal operations Transportation Manager Oct. 5/09

Review operating practices and procedures with the intention of improving the speed of snow removal, keeping the costs to a minimum and maintaining the level of service within the current snow removal policy -- and report back to City Council.

March 9/09 97 Curb Side Chipping Program Waste & Recycling Manager March 1/10

Administration to review the feasibility of a Curb Side Chipping Program and provide a recommendation to City Council

FOLLOW UP ACTION LIST - INFRASTRUCTURE SERVICES

Infrastructure Services 1Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - INFRASTRUCTURE SERVICES

March 9/09 100 Protective Plumbing Program, and storm and sanitary sewer system improvements

G.M., Water, Wastewater & Storm Water Sept. 21/09

Administration to prepare a progress report and presentation for City Council on the progress of the LPPP and potential improvements to those areas which experienced overland flooding.

June 15/09 251Lethbridge Astronomy Society - designating Popson Park as an "Urban Dark Sky Preserve"

Director of Infrastructure Services Oct. 31/09 Refer to Environment Committee to

review and report back to Council

Infrastructure Services 2Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

Jan. 22/07 23 Sustainable Water Use Practices Director of Planning & Development 2010

The Environmental Policy Council Strategic Initiative will begin in 2009. Water conservation will be a component of this initiative and it is recommended that implementation of any water conservation measures be part of the implementation plan that will be developed from the Environmental Policy Program

May 14/07 196 Worldwide Day Recognizing Labour Downtown Revitalization Manager Dec. 31/2010 Consider incorporating a memorial to

miners in downtown gateways

June 23/08 262 Central Neighbourhood Issues Identification Study

Senior Community Planner Fall, 2009

Develop options and budget implications and report back to City Council

Nov. 10/08 445 Micro Wind Turbines Senior Community Planner Spring, 2009

Proceed with a Land Use Bylaw amendment to establish a definition and standards for wind generation

FOLLOW UP ACTION LIST - PLANNING & DEVELOPMENT

Corporate Initiatives 1Revised 8/5/2009

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Council Date Page Responsibility Estimated Completion Date Status

May 19/09 210 Designation Bylaw to be prepared for the Acadia Block (614-3 Ave. S.) City Solicitor August 10/09 Bylaw to be prepared - after the 60

days notice has passed

May 19/09 211Designation Bylaw to be prepared for the David James Whitney House (3202-28 St. South)

City Solicitor August 10/09 Bylaw to be prepared - after the 60 days notice has passed

May 19/09 211 Designation Bylaw to be prepared for the Hick-Sehl Building (618-3 Ave. S.) City Solicitor August 10/09 Bylaw to be prepared - after the 60

days notice has passed

FOLLOW UP ACTION LIST - BYLAWS

Bylaws 1Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

April 20/09 170EQ-09-32; Sole Source - Henderson Lake Water Quality Mitigation (H20 Logics, Sherwood Park)

Purchasing Manager June 6/09 Issue Purchase Order

April 20/09 170

S-09-30; Sole Source - Henderson Lake Water Quality Mitigation - Liquid Live Micro-Organisms (Advanced Water Technologies, Taber)

Purchasing Manager June 6/09 Issue Purchase Order

April 20/09 176 SC-09-09; Asphalt Supply (Tollestrup Construction Inc.) Purchasing Manager June 6/09 Issue Purchase Order

May 18/09 212E-05-20; Electrical Meter Management Services - final 3-year option (Itron Canada, Mission, B.C.)

City Solicitor August 10/09 Awaiting return from Itron

June 15/09 259C-09-17; Pre-Engineered Sanitation Vehicle Storage Building (Clark Builders of Calgary)

City Solicitor August 10/09 Awaiting return from Clark Builders

July 13/09 287

S-09-46; Professional Consulting Services - New Twin Ice Facility (Sink Combs Dethlefs, Denver CO, in association with Toker & Associates of Calgary

City Solicitor August 10/09 Awaiting return from Toker & Associates

July 27/09 298C-09-26; 2009 Whoop-Up Drive & McMaster Blvd. Upgrades (Tollestrup Construction Inc.)

City Solicitor August 10/09 Awaiting return from Tollestrup

July 27/09 299C-09-23; Public Operations Building Renovations, 4th Ave. N. (Wahl Const. Ltd., Medicine Hat)

City Solicitor August 10/09 Awaiting return from Wahl Const.

July 27/09 299 SS EQ-09-50; Telecom Equipment Purchase (Unis Lumin, Calgary) Purchasing Manager Issue Purchase Order

July 27/09 300S-09-65; Construction Services for Whoop-Up Drive & McMaster Blvd. Upgrades (Stantec Consulting Ltd.)

City Solicitor Contract to be executed

FOLLOW-UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS

Tenders and RFP's 1Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

March 19/07 96 Galt Museum Expansion Project City Treasurer Dec. 31, 2011

Allocate $342,369 from MRSR for capital expansion - credit MRSR with Museum operating surpluses through 2008 and naming funds through 2011 (reduced to $169,316 in 2008)

FOLLOW UP ACTION LIST - FINANCE COMMITTEE

Finance Committee 1 Revised 8/5/2009

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Council Date Page Item Responsibility Estimated Completion Date Status

FOLLOW UP ACTION LIST - COMPLETED ITEMS

Completed 1Revised 8/5/2009