1. CALL TO ORDER: 2. ANNOUNCEMENTS: 3. CONSENT AGENDA · AND FURTHER BE IT RESOLVED THAT the...

321 Monday, November 29, 2010

MINUTES of the Regular Meeting of the City Council held on Monday, November 29, 2010 PRESENT: Mayor

Alderman Alderman Alderman Alderman Alderman Alderman

R. Dodic J.H. Carlson F.G. Ellis L.M. Iwaskiw B.D. Mearns R.K. Parker T.H. Wickersham (left at 3:15 PM)

OTHERS: City Clerk

Deputy City Clerk Legislative Coordinator City Manager City Solicitor City Treasurer Director of City Manager's Office Director of Infrastructure Services Director of Community Services Director of Planning and Development

D. Nemeth A. Neufeld B. Burke G. Sherwin D. Hudson C. Wight K. Hopkins D. Hawkins B. Beck J. Greene

ABSENT:

Alderman J.P. Mauro

1. CALL TO ORDER: 1.1 Invocation 1.2 Bouquets

2. ANNOUNCEMENTS: 3. CONSENT AGENDA: 3.1 Approval of the Minutes of the Regular City Council

Meeting held on Monday, November 15, 2010 3.2 Garth Sherwin, City Manager, re C-10-34; Invitation to

Tender; Public Operations Renovations, 450 - 4th Avenue North

3.3 Garth Sherwin, City Manager, re City Council Referral List 700 R.K. Parker:

BE IT RESOLVED THAT the minutes of the Regular Meeting of City Council held on Monday, November 15, 2010 be approved and the Mayor and City Clerk be authorized to sign the same

AND FURTHER BE IT RESOLVED THAT the recommendation of the Administration to award C-10-34, Invitation to Tender; Public Operations Renovations (450 – 4th Avenue North) to the lowest bidder, Trumbley & Hamopton Inc. of Calgary, AB for a total cost of $1,827,000 less GST for a net cost to the City of Lethbridge of $1,740,000, be approved

AND FURTHER BE IT RESOLVED THAT the City Council Referral List be received as information and filed. ACTION: City Clerk


4. ADOPTION OF AGENDA: R.K. Parker:

THAT the communications as presented by the City Clerk be laid on the table for further consideration.

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

5. PRESENTATIONS: 7.1 Request to Fill the Vacant Councillor Position with the First

Runner-Up at the October 18, 2010 Municipal Election

575-A Alderman F.G. Ellis brought forward J.P. Mauro’s resolution in his absence F.G. Ellis:

WHEREAS Lethbridge City Council is governed by the rules established by the Local Authorities Election Act and the Municipal Government Act

AND WHEREAS both the Local Authorities Election Act and the Municipal Government Act. are permissive pieces of Legislation

AND WHEREAS Councillor-Elect Babki died 12 days following the Municipal Election of October 18th 2010 before he was sworn into office

AND WHEREAS neither the Local Authorities Election Act nor the Municipal Government Act contain a provision for the death of a Councillor-Elect in the time between Election Day and being sworn into office

AND WHEREAS a by-election will cost Lethbridge Taxpayers approximately $125,000

AND WHEREAS both the Local Authorities Election Act and the Municipal Government Act afford the Minister of Municipal Affairs power to resolve matters not identified within the scope of either Legislation

THEREFORE BE IT RESOLVED THAT Lethbridge City Council send a letter to the Minister of Municipal Affairs requesting the Minister permit City Council to fill the empty Councillor position with the first runner-up from the October 18th 2010 Municipal Election. UNANIMOUS

--------------- DEFEATED …………………………


PRESENTATIONS: (continued) 5.1 Official Business – By-Election 575-A R. Dodic:

WHEREAS City Council acknowledges the sudden passing of Alderman Elect Bob Babki AND WHEREAS the Minister of Municipal Affairs, the Honourable Hector Goudreau has directed that the City of Lethbridge hold a By-Election THEREFORE BE IT RESOLVED THAT the position of Alderman previously held by Alderman Elect Babki be declared vacant AND FURTHER BE IT RESOLVED THAT a By-Election be conducted on Tuesday, February 1, 2011 to fill the vacant Aldermanic position. AND FURTHER BE IT RESOLVED THAT Dianne Nemeth, City Clerk, be designated Chief Returning Officer AND FURTHER BE IT RESOLVED THAT Nomination Day for the position be conducted on Tuesday, January 4, 2011 between the hours of 10:00 a.m. and 12:00 noon. UNANIMOUS

--------------- CARRIED …………………………

6.1 Dianne Nemeth, City Clerk and Returning Officer, re

Preparing for the 2011 By – Election

575-A

R. Dodic:

BE IT RESOLVED THAT the communication from Dianne Nemeth, Returning Officer, regarding the 2011 Local Authorities By-Election, be received as information and filed AND FURTHER BE IT RESOLVED THAT the following recommendations:

1. Voting Hours on By-Election Day, Tuesday, February 1, 2011 be from 10:00 A.M. to 8:00 P.M.

2. City of Lethbridge voting subdivisions be established as shown on the Voting Subdivision map 3. Advance Polls be held at City Hall on the following days:

10:00 A.M. – 8:00 P.M. Friday, January 21, 2011 10:00 A.M. - 8:00 P.M. Saturday, January 22, 2011 10:00 A.M. - 8:00 P.M. Friday, January 28, 2011

4. Votes of incapacitated electors be taken at their homes By- Election Day between the hours of 10:00 A.M. and 8:00 P.M.

be approved.

--------------- CARRIED ACTION: City Clerk

…………………………


PRESENTATIONS: (continued) 5.2 Chris Spearman, Citizen, re Water and Wastewater Bylaw

Amendments

530 625-D 650-D

Chris Spearman, Resident, advised that increases in utility rates that impact manufacturers and processors that exceed the rate of inflation are a concern. He specifically questioned the site services/administrative services costs. Mr. Spearman stated that these costs are for a capital project that City Council should reconsider. Both the water and wastewater utility will each contribute $7.2 million to a project that may not be needed and which may not have the support of Lethbridge residents. He suggested that the costs associated with this project should be removed from the utility rates until residents validate this project as a community priority. He requested that City Council not approve the proposed utility rates until further study has been done and the costs associated with the site services/administrative services be deleted. F.G. Ellis:

BE IT RESOLVED THAT the communication received from Chris Spearman, Citizen, requesting an opportunity to address City Council on the issue of Water and Wastewater Rates proposed for implementation on January 1, 2011, be received as information and filed AND FURTHER BE IT RESOLVED THAT Mr. Spearman be thanked for his presentation.

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

ACTION: Infrastructure Services …………………………

5.3 Bylaw Discussion Prior to Second and Third Reading

(See Bylaws Section 8.2 pages 331 – 333)

R.K. Parker: THAT we do now recess until 4:15 PM

Absent: T.H. Wickersham

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

R.K. Parker:

THAT we do now reconvene the regular meeting of City Council. Absent: T.H. Wickersham

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


PRESENTATIONS: (continued) 5.4 Ashley Matthews, General Manager, Recreation and

Culture and Kim Gallucci, General Manager, ENMAX Centre, re 2012 World Women's Curling Championship

555-D

Ashley Matthews, General Manager, Recreation and Culture, advised that the City of Lethbridge and the Lethbridge Curling Club have been approached by the Canadian Curling Association to host the 2012 Ford World Women’s Curling championship. He introduced Kirk Mearns, President, Lethbridge Curling Club, Dr. Gary Bowie, Chairman, Lethbridge Sports Bid Committee and Kerry Lowe, Director, Convention & Event Development, Economic Development Lethbridge. He reported that the ENMAX would be used for the curling events and the Indoor Soccer Building for social activities. Kim Gallucci, General Manager, ENMAX Centre, reported on the history of events supported by the City of Lethbridge and some potential future events. He provided details on the 2007 Scotties Tournament of Hearts reporting on the attendance, benefit for the Lethbridge Curling Club, national exposure and direct economic impact to the City. Mr. Gallucci advised that the proposed event would have similar benefits to the City as the Scotties Tournament. He reported that the Lethbridge Curling Club would provide volunteer support and a local event coordinator and requested that the City of Lethbridge provide the ENMAX Centre facility and services in-kind. F.G. Ellis:

BE IT RESOLVED THAT the report received from the Administration regarding the 2012 World Women’s Curling Championship, be received as information and filed AND FURTHER BE IT RESOLVED THAT Administration be directed to develop a contract with the Canadian Curling Association to host the 2012 World Women’s Curling Championship at the ENMAX Centre during the dates of March 17 – 25. AND FURTHER BE IT RESOLVED THAT the City financially support this event as follows:

• ENMAX Centre facility and services - $140,000 • Signage – approximately $5,000

AND FURTHER BE IT RESOLVED THAT funding for this one-time allocation be included in the 2012 – 2014 base budget from the Municipal Revenue Stabilization Reserve. Absent: T.H. Wickersham

--------------- CARRIED ACTION: Community Services

…………………………


PRESENTATIONS: (continued) R.K. Parker: THAT we do now recess until 4:45 PM Absent: T.H. Wickersham

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

R.K. Parker: THAT we do now reconvene the regular meeting of City Council. Absent: T.H. Wickersham ------------------------CARRIED 5.5 Thomas Fox, Christine Mishra and the Members of Bring

Your Own Bag (BYOB) Action Group, re City-Wide Tax on Single-Use Disposable Plastic and Paper Bags

625-D 650-E

Thomas Fox, representative of Bring Your Own Bag (BYOB) Action Group introduced Christine Mishra and Taylor Hamilton, members of the group. He reported that there are 500 billion to 1 trillion plastic bags used every year in the world and that a single plastic bag can take up to 1,000 years to photo degrade. He reported on the negative effects of the use of plastic bags to the environment and economy as well as potential safety issues. Mr. Fox advised that the goal of BYOB is to significantly reduce the number of single-use plastic bags consumed in Lethbridge. They proposed a mandatory tax for each plastic bag (Plastax). He advised that this would not really be a “tax” but rather a “user fee” because a consumer could avoid paying by bringing their own bag. Mr. Fox suggested that the money collected could be put toward funding municipal environmental issues. J.H. Carlson:

BE IT RESOLVED THAT the communication received from Thomas Fox, Christine Mishra and the Members of Bring Your Own Bag (BYOB) Action Group, re City-Wide Tax on Single Use Disposable Plastic and Paper Bags, be received as information and filed AND FURTHER BE IT RESOLVED THAT Mr. Fox be thanked for his presentation. Absent: T.H. Wickersham

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

ACTION: Infrastructure Services


6. SUBMISSIONS: 6.1 Dianne Nemeth, City Clerk and Returning Officer, re

Preparing for the 2011 By – Election

(See Presentation Section, Page 323) …………………………

6.2 Graeme Woods, Strategic Initiatives Coordinator, re

Municipal Historic Resource Designation 317 - 4th Street South (Mocha Cabana)

555-B

L.M. Iwaskiw:

BE IT RESOLVED THAT the report from Administration advising that the Heritage Advisory Committee is recommending the Bells Welding Building (Mocha Cabana) located at 317 – 4th Street 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 Karen Ohno, owner of the Bells Welding Building

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

………………………… 6.3 Kerry Crump, Manager, Building Inspection Services, re

Permit Bylaws and Fees (Bylaws 5675 and 5677)

520 530

T.H. Wickersham:

BE IT RESOLVED THAT the report from Administration advising of changes to the Plumbing and Building Permit Bylaws and Fees (Bylaw 5675 and 5677 respectively), be received as information and filed AND FURTHER BE IT RESOLVED THAT City Council give first reading to the Bylaw 5675, Plumbing Permit Bylaw and Bylaw 5677 Amendment to the Building Permit Bylaw 5624.

--------------- CARRIED ACTION: City Solicitor, Infrastructure Services

…………………………


SUBMISSIONS: (continued) 6.4 Doug Hudson, City Solicitor and Stan Dilworth, Assessment

and Taxation Manager, re 2011 Incentives for Prepayments, Penalty and Tax Deferral Bylaw 5676

510 530

R.K. Parker:

BE IT RESOLVED THAT the report from Administration regarding the 2011 Incentives for Prepayments, Penalty and Tax Deferral Bylaw 5676, be received as information and filed AND FURTHER BE IT RESOLVED THAT City Council give first reading to the Bylaw 5676, 2011 Incentives for Prepayments, Penalty and Tax Deferral Bylaw.

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

ACTION: City Solicitor, Tax and Assessment …………………………

6.5 Garth Sherwin, City Manager, re SC-10-56; Sole Source;

Space Save Systems - The Galt Museums and Archives

700

B.D. Mearns:

BE IT RESOLVED THAT the recommendation of the Administration to award the Sole Source, SC-10-56, Space Save Systems for the Galt Museum and Archives to Heritage Business Interiors Inc. of Calgary, AB at total cost of $182,463.75 for a net cost to the City of $173,775, be approved.

--------------- CARRIED ACTION: City Solicitor, Purchasing Manager, Galt Museum

7. OFFICIAL BUSINESS: 7.1 Request to Fill the Vacant Councillor Position with the First

Runner-Up at the October 18, 2010 Municipal Election (See Presentation Section, Page 322)

………………………… 7.2 Water and Wastewater Rates

650-D L.M. Iwaskiw:

WHEREAS Water and Wastewater Rates are necessary to fund the operations of the Water and Wastewater Utilities AND WHEREAS Water and Wastewater Rates have a fixed and variable component AND WHEREAS these rates have not been reviewed comprehensively for a number of years


OFFICIAL BUSINESS: (continued)

650-D THEREFORE BE IT RESOLVED THAT the Administration be directed to review the previous cost of service studies and rate design alternatives and report back to City Council by March 2011, regarding potential Water and Wastewater rate changes for consideration in the 2012-2014 Operating Budget.

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

ACTION: Infrastructure Services …………………………

7.3 Revision to Bylaw 5412 Combative Sports Commission

530 545-D

T.H. Wickersham:

WHEREAS the Combative Sports Commission is a very specialized Commission because the purpose is to regulate, govern and control boxing, wrestling, kickboxing and all other sports that hold bouts and contests between opponents

AND WHEREAS members of the Commission are required to take a very active role in the events staged in Lethbridge AND WHEREAS this type of sporting event appeals to a very limited number people and it has been difficult to recruit members THEREFORE BE IT RESOLVED THAT Bylaw 5412, Bylaw of the City of Lethbridge to Establish the Lethbridge Combative Sports Commission, Commission Membership Section, item 4 be revised to read:

“All citizens at large appointed as members of the said Commission shall be residents of the City of Lethbridge and/or surrounding area.”

Opposed: R.K. Parker

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

ACTION: City Solicitor, City Clerk …………………………

7.4 Offer to Purchase Transmission Line Right-of-Way from

Altalink Management Ltd.

640 J.H. Carlson:

BE IT RESOLVED THAT the purchase of a 0.23 acre (.093 ha) portion of Blocks A & B, Plan 6439AA, Transmission Line Right-of-Way, Plan 2449JK COT 021197WA566+1 from Altalink Management Ltd. for a total price of $9,200 ($40,000 per acre) for the purpose of securing a portion road right-of-way for Marie Van Haarlem Crescent North, be approved

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

ACTION: City Solicitor, City Treasurer, Real Estate and Land Development


8. BYLAWS: 8.1 FOR FIRST READING: BYLAW

5675 Plumbing Permit Bylaw

530 T.H. Wickersham:

RESOLVED THAT Bylaw 5675, The Plumbing Permit Bylaw, A Bylaw of the City of Lethbridge passed pursuant to the provisions of the Safety Codes Act, be now read a first time.

--------------- CARRIED ACTION: City Solicitor, Planning and Development Services

………………………… BYLAW

5677 Amendment to the Building Permit Bylaw 5624

530 T.H. Wickersham:

RESOLVED THAT Bylaw 5677, A Bylaw of the City of Lethbridge to amend Bylaw 5624, the City of Lethbridge Building Permit Bylaw, be now read a first time.

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

ACTION: City Solicitor, Planning and Development Services …………………………

BYLAW

5676 2011 Incentives for Prepayments, Penalty and Tax Deferral Bylaw

530 R.K. Parker:

RESOLVED THAT Bylaw 5676, 2011 Incentives for Prepayments, Penalty and Tax Deferral Bylaw, be now read a first time.

--------------- CARRIED ACTION: City Solicitor, City Treasurer, Assessment and Taxation


BYLAWS: (continued) 8.2 FOR SECOND AND THIRD READING: BYLAW

5667 Amendment to the Sewerage Service Charge Bylaw 3250

530 F.G. Ellis:

RESOLVED THAT Bylaw 5667, A Bylaw of the City of Lethbridge to amend Bylaw 3250, the Sewerage Service Charge Bylaw, be now read a second time.

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

J.H. Carlson:

RESOLVED THAT Bylaw 5667, A Bylaw of the City of Lethbridge to amend the Sewerage Service Charge Bylaw 3250, BE NOW READ a third time and passed and that the Mayor and the City Clerk be and they are hereby authorized to sign and seal the same.

--------------- CARRIED ACTION: City Solicitor, City Treasurer, Infrastructure Services

………………………… BYLAW

5668 Amendment to the Water Service Bylaw 3999

530 F.G. Ellis:

RESOLVED THAT Bylaw 5668, A Bylaw of the City of Lethbridge to amend Bylaw 3999, the Water Service Bylaw, be now read a second time.

--------------- CARRIED J.H. Carlson:

RESOLVED THAT Bylaw 5668, A Bylaw of the City of Lethbridge to amend Bylaw 3999, the Water Service Bylaw, BE NOW READ a third time and passed and that the Mayor and the City Clerk be and they are hereby authorized to sign and seal the same.

--------------- CARRIED ACTION: City Solicitor, City Treasurer, Infrastructure Services

…………………………


BYLAWS: (continued) BYLAW

5671 Establish the 2011 Electric Distribution Tariff

530 R.K. Parker:

RESOLVED THAT Bylaw 5671, A Bylaw of the City of Lethbridge to Establish the 2011 Electric Distribution Tariff, be now read a second time.

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

F.G. Ellis:

RESOLVED THAT Bylaw 5671, A Bylaw of the City of Lethbridge to Establish the 2011 Electric Distribution Tariff, BE NOW READ a third time and passed and that the Mayor and the City Clerk be and they are hereby authorized to sign and seal the same.

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

ACTION: City Solicitor, City Treasurer, Infrastructure Services …………………………

BYLAW

5674 Amendment to the Electric Utility Bylaw 5613

530 T.H. Wickersham: RESOLVED THAT Bylaw 5674, A Bylaw of the City of Lethbridge to amend Bylaw 5613, A Bylaw to provide regulation of the Electric System within the City of Lethbridge, be now read a second time.

--------------- CARRIED R.K. Parker:

RESOLVED THAT Bylaw 5674, A Bylaw of the City of Lethbridge to amend Bylaw 5613, A Bylaw to provide regulation of the Electric System within the City of Lethbridge, BE NOW READ a third time and passed and that the Mayor and the City Clerk be and they are hereby authorized to sign and seal the same.

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

ACTION: City Solicitor, City Clerk, City Treasurer, Infrastructure Services

…………………………


BYLAWS: (continued) BYLAW

5672 Amendment to the Recycling Bylaw 5543

530-A T.H. Wickersham:

RESOLVED THAT Bylaw 5672, A Bylaw of the City of Lethbridge to amend Bylaw 5543, a Bylaw to provide for the Reception, Processing and Marketing of Recyclable Materials, be now read a second time.

--------------- CARRIED R.K. Parker:

RESOLVED THAT Bylaw 5672, A Bylaw of the City of Lethbridge to amend Bylaw 5543, a Bylaw to provide for the Reception, Processing and Marketing of Recyclable Materials, BE NOW READ a third time and passed and that the Mayor and the City Clerk be and they are hereby authorized to sign and seal the same.

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


………………………… BYLAW

5673 Amendment to the Waste Bylaw 5544

530

T.H. Wickersham:

RESOLVED THAT Bylaw 5673, A Bylaw of the City of Lethbridge to amend Bylaw 5544, a Bylaw for the Provision of Waste Services in the City of Lethbridge, be now read a second time.

--------------- CARRIED R.K. Parker: RESOLVED THAT Bylaw 5673, A Bylaw of the City of Lethbridge to amend Bylaw 5544, a Bylaw for the Provision of Waste Services in the City of Lethbridge, BE NOW READ a third time and passed and that the Mayor and the City Clerk be and they are hereby authorized to sign and seal the same.

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



9. LAID ON THE TABLE:

9.1 Jeff Greene, Director of Planning and Development and Robert McKay, Senior Community Planner, re Briefing on the Integrated Community Sustainability Plan/Municipal Development Plan (ICSP/MDP)

10. INCAMERA REPORTS: • Land Matters (FOIP Section 23) • Advice from Officials (FOIP Section 24)

11. ADJOURN: R.K. Parker: THAT we do now adjourn until Monday, December 13, at 1:30 PM

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

Mayor City Clerk

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