date: monday, march 22, 2010 time: 1:30 p.m. place ...€¦ · consent agenda . adoption of agenda...

CITY COUNCIL MEETING DATE: MONDAY, MARCH 22, 2010 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS

A G E N D A

CALL TO ORDER 1:30 p.m.

Invocation Bouquets Announcements Consent Agenda Adoption of Agenda

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

http://www.lethbridge.ca/�

2

1. ANNOUNCEMENTS:

2. CONSENT AGENDA: B.A.L. 2.1 Approval of Minutes

2.2 Garth Sherwin, City Manager, re EQ-09-78, Request for Quotation;

Digger Derrick Trucks (2)

2.3 Tender Summary Report – February 2010

2.4 Follow-up Action List

3. ADOPTION OF AGENDA:

4. PRESENTATIONS:

1:45 P.M. M.A.S. 4.1 Ashley Matthews, General Manager, Recreation and Culture, re ENMAX Centre Expansion and Renovation Project

2:30 P.M. BREAK

2:45 P.M. K.E.T. 4.2 Bary Beck, Director of Community Services, re Heart of Our City Budget and Downtown Redevelopment Incentive Policy

3:00 P.M. B.A.L. 4.3 Bev Lanz, Chair and Stjepn Smiljanec, Secretary/Treasurer, Downtown Lethbridge Business Revitalization Zone (BRZ), re 2010 Annual Budget

3:15 P.M. J.H.C. 4.4 Glenn Collick, President and Georgina Knitel, CEO, BFuel Canada Corp., re Letter of Support to Accompany Grant Application

3:30 P.M. R.K.P. 4.5 Laid on Table – See 8.1

3

5. SUBMISSIONS: R.D. 5.1 Corey Wight, City Treasurer, re Annual General Meeting of the

Alberta Capital Finance Authority

6. OFFICIAL BUSINESS:

7. BYLAWS:

7.1 FOR SECOND AND THIRD READING:

K.E.T. BYLAW 5636 – Amendment to Westminster Area Redevelopment Plan Land Use District Map from Public Building (P-B) and Residential Low Density (R-L) to Direct Control (DC) 1807 – 2A Avenue North (Portions of Lots 38-41, Plan 653C)

K.E.T. BYLAW 5634 –Amendment to Land Use Bylaw to allow for the conversion of an existing church building and the area occupied by a manse into an 18 unit apartment building within a Direct Control district for 1807 - 2A Avenue North (Portions of Lots 38-41, Plan 653C) (Westminster Neighbourhood)

J.H.C. BYLAW 5637 – Tax Arrears Payment Plan

7.2 FOR FIRST, SECOND AND THIRD READING:

M.A.S. BYLAW 5538 – Amendment to Development Officer Bylaw 5236

4

8. LAID ON TABLE 8.1 Laurie Cottingham, Concert Representative, re COUNTRY for

Country in Need (Haiti) Concert Request for Waiver of Yates Fees

9. INCAMERA REPORTS:

• Land Matters

• Advice From Officials (FOIP Section 24)

Date of City Council Meeting: March 22, 2010 Subject: RFQ EQ-09-78; Digger Derricks (2) Submitted By: Garth Sherwin, CA

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

the above competition to the highest evaluated and the low bidder, General Body & Equipment Ltd. of Calgary, AB is submitted for your consideration and approval.

PURPOSE: To design, construct and supply two (2) new tandem axle

digger derrick trucks with line bodies to meet the needs of the City of Lethbridge Electrical Utilities Department.

FINANCIAL: The cost breakdown of the highest evaluated and the low

bidder is as follows: Total cost of this bid including GST $530,973.32 Less 100% GST refunds

25,284.44

Net cost to the City of Lethbridge $505,688.88

Reports/Docouments: Tender Overview Procurement Recommendation Memo CIP F-20 Reviewed & Endorsed by City Manager: ____________________________________

REQUEST FOR DECISION

Date of City Council Meeting: March 22, 2010 Subject: Tender Summary for February, 2010 Submitted By: Garth Sherwin, CA

City Manager RECOMMENDATION: That the Tender Summary Report for February, 2010 be

received as information and filed.

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

month of February, 2010 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: ____________________________________


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DETAIL OF TENDER/QUOTATIONS FOR

Tender/ Commodity Awarded to: CostQuote No.

LOCAL ONLY

CONSTRUCTIONC-10-06 Stafford Centre - Site Work McNally Contractors Ltd. $ 191,688.00

Total Construction (1): $ 191,688.00

EQUIPMENTEQ-10-08 Minivan Bridge City Chrysler $ 21,932.40

Total Equipment (1): $ 21,932.40

SERVICESS-10-10 West Lethbridge Employment Centre Area AMEC Engineering $ 34,492.50

Structure Plan - Geotechnical Study

Total Service (1): $ 34,492.50

SUPPLIES/COMMODITIESSC-10-08 Fabrication and Delivery of Picnic Table Frames Bel-Aire Welding $ 19,596.15

Total Supplies/Commodities (1): $ 19,596.15

TOTAL - LOCAL ONLY (4) $ 267,709.05

LOCAL SUCCESSFUL

ELECTRICE-09-30 138 kV Transmission Line Upgrade Empirica Energy Inc. $ 2,758,245.00

Total Electric (1): $ 2,758,245.00

SUPPLIES/COMMODITIESSC-10-06 Spotlights db Audio $ 14,702.27


TOTAL - LOCAL SUCCESSFUL (2) $ 2,772,947.27

NON-LOCAL SUCCESSFUL

EQUIPMENTEQ-10-02 Used Asphalt Distributor Truck Cubex Ltd. (of Calgary, AB) $ 132,300.00

Total Equipment (1): $ 132,300.00

SERVICESS-09-113 Professional Consulting Services for GEC Architecture (of Calgary, AB) $ 157,500.00

Renovations and Additions to the NicholasSheran Ice Rink

FEBRUARY, 2010

2 of 7



FEBRUARY, 2010

S-10-06 North Lethbridge Sports Park Picnic Shelter BRZ Partnership Architecture Inc. (of Calgary,AB) 121,296.00 S-10-15 Mobile Lifting Device Testing Kova Engineering South Ltd. (Calgary, AB) 12,748.05

Total Services (3): $ 291,544.05

SUPPLIES/COMMODITIESSC-10-12 Supply of Commercial Cooking Equipment - Russell Food Equipment (of Calgary, AB)) $ 31,221.12

North Lethbridge Sports Park Picnic Shelter


TOTAL - NON-LOCAL SUCCESSFUL (5) $ 455,065.17

NO LOCAL BIDS

ELECTRICE-10-03 Fibre Optics Certification N.A.I.T. (of Edmonton, AB) $ 21,000.00

Total Electric (1): $ 21,000.00

SERVICESS-10-02 Winter Tree Pruning and Chipping 2010 Item 1: Davey Tree Expert Co. (of Calgary, AB) $ 69,266.40

Item 2: Aboricultural Services Inc. (of Calgary, AB) 25,209.45 S-10-13 Natural Gas Procurement Energy Associates International (of Calgary, AB) 10,762.00

Total Services (2): $ 105,237.85

SUPPLIES/COMMODITIESSC-09-46 Tree Management Software Community Forestry Consultants $ 17,776.50

(of Spokane, Washington)SC-10-01 Toolkits for Crucial Conversation Training VitalSmarts (of Provo, Utah) USD 29,100.00

ProgramSC-10-09 Traffic Controllers for Alberta Transportation Econolite Canada (of Calgary, AB) 10,080.00

Intersections


TOTAL - NO LOCAL BIDS (6) $ 183,194.35

CONTRACT RENEWALS

SERVICESS-02-16 Recycling Services - Contract Extension BFI Canada Inc. $ 1,317,330.00S-05-110 Roofing Inspection & Maintenance Services Charlton & Hill 100,800.00

(2nd and Final Year)S-07-21 Scale House Operations (Two [2] Year Extension) Commissionaires, Southern Alberta 321,346.24

(of Calgary, AB)

Total Services (3): $ 1,739,476.24

3 of 7



FEBRUARY, 2010

SUPPLIES/COMMODITIESSC-09-17 Pea Gravel (One [1] Year Extension) Tollestrup Construction (2005) Inc. $ 19,435.50


TOTAL - CONTRACT RENEWALS (4) $ 1,758,911.74

AMENDED CONTRACTS

CONSTRUCTIONC-09-24 Temple Blvd. Extension Sorochan Enterprises $ 75,587.50

Total Construction (1): $ 75,587.50

TOTAL - AMENDED CONTRACTS (1) $ 75,587.50 TOTAL … TENDERS/QUOTATIONS (22) $ 5,513,415.08

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CITY OF

Lethbridge

APPENDIX A

Month End Summary - Awarded Contracts FEBRUARY, 2010

LOCAL ONLY

Description: The intent of the quotations is obtain a contractor to provided deep utility services, excavation, sidewalks and paving as required to complete the hard surfaces site work and to connect the renovations underway by Western Construction & Combustion Services Ltd. to city utilities.

C-10-06 Stafford Centre – Site Work

Description: The purpose of this quotation is to obtain pricing on supply of one minivan car for use in the LRPS Fleet.

EQ-10-08 Minivan

Description: Completion of a phase 1 geotechnical study (desktop study) of the site and a drilling program to test soil samples and monitor groundwater levels within the West Lethbridge Employment Centre plan area.

S-10-10 West Lethbridge Employment Centre Area Structure Plan – Geotechnical Study

Description: The scope of this project includes the fabrication and delivery of metal picnic table frames prior to March 12, 2010.

SC-10-08 Fabrication and Delivery of Picnic Table Frames

LOCAL SUCCESSFUL

Description: To provide all construction and commissioning services required to complete upgrades to the existing 138 kV transmission line on 26th Avenue and 43rd Street as required by the Alberta Electric System Operator (AESO) Southeast Development plan.

E-09-30 138 kV Transmission Line Upgrade

Description: To purchase the second of two replacement spotlights for the ENMAX Centre. SC-10-06 Spotlight for ENMAX Centre

of 7

NON-LOCAL SUCCESSFUL

Description: The purpose of this quotation is to obtain pricing on the supply of one asphalt distributor truck for use in the transportation department.

EQ-10-02 Used Asphalt Distributor Truck

S-09-113 Professional Consulting Services for Renovations and Additions to the Description: The main focus of this project is to provide design, tendering and contract administrative services conforming to The City of Lethbridge standards and the program requirements for the Additions and Renovations to the Nicholas Sheran Ice Centre.

Nicholas Sheran Park

S-10-06 Professional Consulting Services for North Lethbridge Sports Park Picnic Description: To select the most qualified consultant to provide limited schematic design; design development; and construction administration services for a new Picnic Shelter facility.

Shelter

Description: The purpose of this quotation is to receive pricing from qualified bidders for non-destructive testing and inspection services for Fleet Services truck mounted aerial ladders, aerial buckets, articulated and stiff boom cranes and derrick digger devices.

S-10-15 Mobile Lifting Device Testing

SC-10-12 Supply of Commercial Cooking Equipment – North Lethbridge Sports Park Description: To obtain pricing on the supply of commercial cooking equipment for the North Lethbridge Sports Park Picnic Shelter with delivery prior to March 31, 2010.

Picnic Shelter

NO LOCAL BIDS

Description: The project is for the delivery of the NAIT Fibre Optics Certification course for 8 to 10 City of Lethbridge Electric employees at the Electric Operations training lab.

E-10-03 Fibre Optics Certification

S-10-02 Winter Tree Pruning and Chipping Description: To select a contractor to prune trees and chip branches on boulevards as part of the 10 Year Urban Forestry Pruning Program.

S-10-13 Natural Gas Procurement Description: Identify requirement and procure Natural Gas to meet the City of Lethbridge’s operational requirements for delivery in 2014 forward.

SC-09-46 Tree Management Software Description: To select the most qualified supplier to provide and implement a specialized Tree Management software for the Parks Department.

SC-10-01 Toolkits for Crucial Conversation Training Program Description: Purchase toolkits for Crucial Conversation Training Program

of 7

SC-10-09 Traffic Controllers for Alberta Transportation Intersection Description: Purchase four (4) ASC/3-2100 traffic controllers for the Traffic Operations Department.

CONTRACT RENEWALS S-02-16 Recycling Services – Contract Extension Description: To obtain a contractor to provide operation and maintenance of the City’s seven unstaffed community recycling depots.

S-05-110 Roofing Inspection & Maintenance Services (2nd and Final Year) Description: Select the most qualified contractor to provide an effective and efficient method of documenting and maintaining the City of Lethbridge roofing program.

S-07-21 Scale House Operations (Two (2) Year Extension) Description: The City of Lethbridge owns and manages the Waste & Recycling Centre. The landfill is operated through a contract with BFI Canada Inc. Scale house operations are through a separate service contract with the Commissionaires. The purpose of this project is to provide the City of Lethbridge with a suitable contractor to operate the scale house at the Waste & Recycling Centre.

SC-09-17 Pea Gravel (One (1) Year Extension) Description: Supply of Pea Gravel for 2010

AMENDED CONTRACTS C-09-24 Temple Blvd. Extension Change of Scope: The increase will be to install an additional set of duplex lot service laterals, remediate soft soil conditions, provide erosion controls, and relocate a previously unknown shallow utility line.

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Council Date Page Item Responsibility Estimated Completion Date Status

March 7/05; Oct. 5/09 89

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

City Clerk Sept. 20/10

September 2034, 2059 and 2084- open in 2010 (in conjunction with Galt Museum, Mayor's Office, City Clerk's Office, Communications Office, 1985 Centennial Committee)

Jan. 9/06 10 Sale of land in Fairmont Park City Solicitor April 6/10 Transfer in Purchaser's Solicitor's Possession

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 March 30/10 Sent to BOA for submission to Land Titles Office

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

March 9/09 105 Lethbridge College Residence Development Project City Solicitor April 19/10 Awaiting documentation from

Lethbridge College

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

Nov. 2/09 437 Purchase and Sale of Land - 2414-25 St. S. and 100 Métis Trail W. City Solicitor April 6/10 Vendor creating title

Nov. 16/09 455 McNally Contractors Ltd. - lease agreement with the City of Lethbridge City Solicitor April 6/10 Execute lease agreement

Jan. 25/10 25 Sale of 96 SunRidge Blvd. W. (multi-family site) to Cedar Ridge Quality Homes City Solicitor April 15/10 Execute associated documents

Jan. 25/10 26 Sale of SE portion of 514-3 Ave. S. to Benchmark Ventures Ltd. City Solicitor March 31/10 Execute associated documents

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

Mayor, City Council, City Clerkand City Solicitor 1Revised 3/18/2010


FOLLOW UP ACTION LIST - CITY MANAGER

City Manager 1Revised 3/18/2010

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

Feb. 8/10 49 Operation of the Taxi Industry Regulatory Services Manager May 3/10 Review City of Lethbridge regulations

and report back by May 3/10

Feb. 8/10 39 Request for assistance from Animal Rescue Organizations

Regulatory Services Manager June 21/10

Administration to work with Animal Rescue Organizations to educate the community on the serious issues related to rescuing of cats and report back by June 21/10

Feb. 22/10 58

Request of Lethbridge School District #51 to provide input on possible locations and benefits of locating a Twin Ice Arena in close proximity to West Lethbridge Centre

Community Services Director April 6/10

Request be referred to Administration for consideration of an appropriate site selection and report back by April 6/10

Feb. 22/10 58

Submit application for Provincial & Health Authority approvals for a new cemetery site on the 90 acre site known as 5310 - 13 Street North

Cemetery Services Manager July, 2010 Submit application for necessary

approvals

FOLLOW UP ACTION LIST - COMMUNITY SERVICES

Community Services 1Revised 3/18/2010


FOLLOW UP ACTION LIST - CORPORATE SERVICES

Corporate Services 1Revised 3/18/2010


Oct. 1/07 433 Bicycle corridors and bicycle/pedestrian corridors Transportation Manager May 3/10 Update Bicycling Bylaw 3515

May 26/08 218 Water Conservation Request & Environmental Plan/Policy Ad Hoc Committee April 19/10

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

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

Urban Construction Manager April 19/10

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

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

Transportation Manager April 19/10Administration to report to City Council on the feasibility of implementing the solutions

March 9/09 97 Curb Side Chipping Program Waste & Recycling Manager March, 2011

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

Lethbridge Astronomy Society

FOLLOW UP ACTION LIST - INFRASTRUCTURE SERVICES

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

Director of Infrastructure Services April 19/10 Refer to Environment Committee to

review and report back to Council

Sept. 21/09 355 Improvements to recycling depot system Waste & Recycling Manager

June 7/10; July 1/10

Prepare a comprehensive review of the recycling depot system and report back by June 2010; Increase the recycling charge in Bylaw 5543 from $3.40/month to $3.60/month

Oct. 5/09 380 Clearview Subdivision in S.E. Lethbridge Director of Infrastructure Services Jun 2010

Work with developer to create a cost neutral development scenario and report back to Council when complete

Infrastructure Services 1Revised 3/18/2010


FOLLOW UP ACTION LIST - INFRASTRUCTURE SERVICES

Nov. 2/09 427 Canadian Home Builders Association Traffic Operations Manager April 19/10

City to work with industry representatives to resolve home show signage issues.

Nov. 30/09 473Request to review water drainage problems in the subdivision surrounding Chinook Lake in Uplands

Director of Infrastructure Services June 28/10

Administration to review and report back to the Community Issues Committee on possible solutions

Nov. 30/09 476

Concern that changes to the traffic lines on 7th St. between 1st & 4th Ave. S. have created a variety of concerns for drivers and merchants

Traffic Operations Manager June 21/10

Administration to review and report back regarding the details of this pilot project

Jan. 25/10 22Concerns about students safely crossing at the intersection of 6th Ave. and 21st St. South crosswalk

Traffic Operations Manager Sept. 13/10 Administration to review and report

back by Sept. 13/10

Jan. 25/10 18 Parking concerns at NOMA Place Traffic Operations Manager April 19/10

Administration to review the parking permit process and prepare a report addressing Council's concerns for the g gApril 19/10 Meeting.

Infrastructure Services 2Revised 3/18/2010


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 Senior Community Planner Dec. 31/2010 Consider incorporating a memorial to

miners in downtown gateways

Nov. 10/08 445 Micro Wind Turbines Senior Community Planner October, 2010

Planning is working on sample regulations to be presented to MPC in January 2010. It is intended to have them incorporated into the Land Use Bylaw update due this fall.

Nov. 2/09 431

Heart of Our City Revitalization Committee to examine alternatives or enhancements to the Downtown Redevelopment Incentive Policy

Director of Planning & Development March 22/10 The Committee is to report back to City

Council by March 1, 2010

Nov. 2/09 427 Canadian Home Builders Association Director of Planning & Development Ongoing

City to meet with Housing Industry Representatives to discuss impact of new regulations on the home builder industry

Jan. 25/10 20Concerns about pedestrian and wheelchair accessibility at the south end of Mayor Magrath Drive

Director of Planning& Development Sept. 13/10

Administration to review development application processes and report back on recommended changes by Sept. 13/10

FOLLOW UP ACTION LIST - PLANNING & DEVELOPMENT

Planning and Development 1Revised 3/18/2010


FOLLOW UP ACTION LIST - BYLAWS

Bylaws 1Revised 3/18/2010


Sept. 21/09 355 Improvements to recycling depot system City Solicitor Jan. 31/10 Awaiting instruction package from Purchasing

Feb. 8/10 47Amend contract with Sorochan Enterprises Ltd. for the extension of Temple Blvd. W.

City Solicitor March 22/10 Awaiting instructions from Purchasing

Feb. 8/10 47RFQ E-09-30; 138 kV Transmission Line Upgrade (Empirica Energy Inc., Lethbridge)

City Solicitor March 22/10 Awaiting bonds from Empirica

Feb. 8/10 48Extend contract with BFI Canada for Recycling Services for the period Oct. 1/09 to Sept. 30/11

City Solicitor March 22/10 Awaiting signed extension from BFI

Feb. 8/10 48 Atrium Building, 319 - 7 Street South City Solicitor April 6/10 Discussion with property owner set for March 31/10

Feb. 22/10 63

RFP S-09-114; Construction Management Services - Pre-Construction and Construction - Nicholas Sheran Ice Centre (Nyhoff Construction Ltd., Lethbridge)

City Solicitor Awaiting signed agreement from Nyhoff

Feb. 22/10 64

EQ-10-11; ENMAX Centre Expansion & Renovation Project - Food Services Equipment (Ward Brothers Construction, Lethbridge)

City Solicitor Awaiting tender package from Purchasing

Feb. 22/10 65

EQ-10-12; ENMAX Centre Expansion & Renovation Project - Media Box & Structural Upgrades (Ward Brothers Construction, Lethbridge)

City Solicitor Awaiting tender package from Purchasing

March 8/10 73S-09-72; Landfill Master Plan & Approval Amendments (AECOM Canada of Edmonton)

City Solicitor March 31/10 Awaiting return of signed agreement

FOLLOW-UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS

Tenders and RFP's 1Revised 3/18/2010


FOLLOW-UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS

March 8/10 78C-10-01; West Lethbridge Core Facilities Project Landscaping & Irrigation (Porter Tanner Associates Inc., Barnwell)

City Solicitor March 31/10 Awaiting return of signed agreement

Tenders and RFP's 2Revised 3/18/2010


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 3/18/2010


FOLLOW UP ACTION LIST - COMPLETED ITEMS

Completed 1Revised 3/18/2010

1

Date of City Council Meeting: March 22, 2010

Subject: ENMAX Centre Expansion & Renovation Project

Submitted By: Ashley Matthews

General Manager, Recreation & Culture

RECOMMENDATION: City Council to receive and file the information regarding the

ENMAX Centre expansion and renovation project report.

PURPOSE: The report is intended to update City Council on the ENMAX

Centre expansion and renovation project. IMPLICATION OF RECOMMENDATION GENERAL: The expansion and renovations to the ENMAX Centre will

meet the changing needs and expectations of its customers, business partners and users. In addition, this project will ensure that the high calibre special events and activities that our community has become accustomed to will continue to be provided within a modern facility for the next 25 years.

FINANCIAL: The approved budget for this project is $33.7 Million and the

project is currently on budget and is projected to be on budget through to completion.

IMPLICATION/ COMMUNICATIONS:

The project started in July 2009 and is scheduled to be completed April 2012. To date the project is on schedule based on the implementation plan.


2

BRIEFING SHEET Plans CIP 2008 – 2017 (D-6)

Public Participation During the development of the ENMAX Centre Facility Plan

the general public and key stakeholders were interviewed and a number of areas of concern were identified. With this information the expansion and renovation plans were prepared to meet the changing needs and expectations of our customers.

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

Revision Date & Time:

1

ENMAX Centre ENMAX Centre

Expansion & Expansion & Renovation ProjectRenovation ProjectMarch 22, 2010March 22, 2010

Event ActivityHurricanes relocate to Adam’sHurricanes relocate to Adam s.Hurricanes Home Opener.Other events. Coordination from the team.

2

Unique & Challenging Delivery

Sequentially designedSequentially designed.Sequentially tendered.Sequentially delivered.Multi-year project.y p jFully occupied.

On Time-On Budget

What does this mean?

3

On Time

July 8, 2009 East Side Bldg Sept 25, 2009 East Side BldgAug 6, 2009 West Side Bldg

Dec 1, 2009 West Side Bldg Feb 23, 2010 East Side Bldg Mar 8, 2010 West Side Bldg

Implementation Plan Phase 1

Utility upgrades to sewer, gas, electrical.

July 2009

4


Construction of foundation footings.September 2009


September 2009

Show Power 2 new locations South East & South West of building event level.

5


Preparation for demolition & reconstruction of Luxury Suites.

February 2010


December 2009

January 2010

Racquetball Courts.

February 2010

6


March 2010

East side concourse, event level, and sub-basement slabs poured

March 2010


West side concourse slab poured

March 2010

7


Structural steel and metal deck installation up to the suite level

March 2010

What’s Next

Clos re of b ilding April October 2010Closure of building April – October 2010Relocation of Hurricanes to Adams.

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Work to be Completed During Closure

Entrance DoorsConcessions

WashroomsDemolition of Lobby & Relocation of Ticket Centre

Entrance Doors

Concessions

Work to be Completed During Closure

LoungeLuxury Suites

Commencement of Luxury Suite & Lounge Construction

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On Budget

Approved Funding Approved Funding $33.722M$33.722M

ExpendituresExpenditures $33.722M$33.722M•• Building ConstructionBuilding Construction $25,018,000$25,018,000•• Furnishings & EquipmentFurnishings & Equipment $ 942,000$ 942,000•• ConsultingConsulting $ 2,505,000$ 2,505,000•• Civil WorksCivil Works $ 3,750,000$ 3,750,000•• ContingencyContingency $ 1,507,000$ 1,507,000

On Budget

Outstanding TendersOutstanding Tenders Parking infrastructure @ $2.6 Million Parking infrastructure @ $2.6 Million Steel storage facility @ $500,000Steel storage facility @ $500,000 Furnishings & Equipment @ $842,000Furnishings & Equipment @ $842,000 Public address relocation and modifications @ $100,000Public address relocation and modifications @ $100,000

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Questions

1

Date of City Council Meeting: March 22, 2010

Subject: Heart of Our City Budget and Downtown Redevelopment Incentive

Policy Submitted By: Alderman Ken Tratch, Chair, Heart of Our City Revitalization

Committee

RECOMMENDATIONS: 1. That the Downtown Redevelopment Incentive Policy

(CC21) be discontinued and no new applications be considered, phasing the program out over the next five years

2. That the 2010 Heart of Our City Revitalization Committee Budget be adopted.

PURPOSE: To review the Downtown Redevelopment Incentive Policy

(DRIP), provide financial incentive alternatives for the Downtown, and adopt the 2010 Heart of Our City Revitalization Committee Budget.

IMPLICATION OF RECOMMENDATION GENERAL: The DRIP was put in place for 2003 for a five year period to

encourage redevelopment of property in the downtown BRZ. City Council then approved a one year extension to the policy for the 2009 tax year at the May 4, 2009 Meeting, referring it to the Heart of Our City Revitalization Committee for recommendation. Under this program, applicants must increase their assessed value of their property by more than 2.5% plus $25,000. They are then eligible for a tax concession for a five year period. The total taxable 2009 assessment for the Downtown Area is $590.3 Million. The total 2009 assessment qualifying for the DRIP program including those properties that have completed the five year eligibility is $5.8 Million. Because less than 1.0% of the eligible assessment has subscribed to this program, the Committee has recommended that it be discontinued, phasing it out over a five year period, allowing those properties which are currently enrolled to complete the five year period.


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Other Financial Incentive Programs At the same time, the Committee looked at other financial incentive programs for the residential, commercial, and public sector. These programs are being refined and will be presented at a future City Council Meeting. They will be funded from the existing Downtown Redevelopment Fund. 2010 Budget The Committee is recommending the approval of the 2010 Budget as listed in the attachment. New programs for 2011 include:

• Development of highspeed wireless for the Downtown • Development of a walkway adjacent to 514 – 3

Avenue South • Planning and designing a streetscape and parking

strategy. Canadian Badlands Ltd. received a $525,000 grant on behalf of the City of Lethbridge for road and streetscape design. The City’s matching portion is $131,250 to come from the Downtown Redevelopment Fund. It is proposed to use the funds for planning and designing a streetscape and parking strategy for the Downtown.

• Marketing program through Economic Development Lethbridge

ORGANIZATIONAL: Heart of Our City Revitalization Committee was created by

City Council to implement the Heart of Our City Master Plan FINANCIAL: 2010 Funding to come from the Existing Downtown

Redevelopment Fund CITY COUNCIL STRATEGIC PRIORITIES: (mark if applicable sections) Affordable Housing Environmental Policy and Plan Financial Stewardship Communications Strategy and Plan Advocacy on Behalf of the Community

Strategy for E-Business

Downtown Revitalization XX Inter-municipal Planning Growth Management Background/ Justification :

The 2010 Budget is based on the six pillars of the Heart of Our City Master Plan (beautiful, liveable, sustainable, vibrant, exciting, and accessible). The DRIP Program is not currently providing a significant financial incentive for downtown as less than 1.0% of the eligible assessment has accessed the program. It is proposed to phase out the program, allowing those that have already enrolled in the program to continue for their five year rebate.

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Other viable financial incentives for the residential, commercial, and public sector will be proposed for implementation in 2011.

BRIEFING SHEET Legislation & Policy Redevelopment Incentive Property in the Downtown BRZ

(CC21). It is proposed to rescind this policy Plans Heart of Our City Master Plan

Options Option 1: To discontinue the DRIP Program, phasing it out

over five years and approve the 2010 Budget Option 2: To continue the DRIP Program

Recommended Option Option 1

Reports / Documents 1. Redevelopment Incentive Property in the Downtown

BRZ Policy (CC21) 2. 2010 Heart of Our City Committee Budget 3. City Council Excerpt from May 4, 2009

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

Revision Date & Time:

Number: CC21

Administered by: City Council

Approved by:

Effective date: February 5, 2007

Page: 1 of 4

REDEVELOPMENT INCENTIVE PROPERTY IN THE DOWNTOWN BRZ

PURPOSE The Council of the City of Lethbridge has a broad mandate to provide good government, develop and maintain a safe and viable community, and to supply desirable and/or necessary services to the community. The purpose of this policy is to provide incentives to encourage the redevelopment of property in the downtown BRZ. PERSONS AFFECTED This policy will apply to properties that are within the boundaries of the Downtown Business Revitalization Zone, the boundaries of which are outlined and designated on Schedule “A” of Bylaw 4770. POLICY STATEMENT It is the policy of the City of Lethbridge to encourage redevelopment of property in the downtown BRZ. This policy shall be effective for redevelopment that occurs in 2004 for the 2005 tax year and will continue thereafter until the policy is discontinued. RESPONSIBILITIES City Assessor to:

a. Calculate the additional assessment and municipal property taxes resulting from the completion of eligible redevelopment projects

Taxpayer to:

a. Submit an application to the Assessment and Taxation Department no later than March 31 of the year in which the tax concession is requested

Number: CC21

Page: 2 of 4

PROCEDURES This policy shall be subject to compliance with the Municipal Government Act. This policy will apply to properties that are developed and used for commercial purposes, multi-family purposes or residential purposes. Eligible properties will be limited to:

(a) redevelopment, renovations and/or upgrading of property where the redevelopment, renovation and/or upgrade increase the assessed value by more than 2 ½% plus $25,000.

(b) the maximum amount of eligible assessed value applicable to this policy

will be $1,500,000 minus the threshold value of 2 ½% plus $25,000. To be eligible for this incentive all arrears and other municipal charges applicable to this property must be paid in full. If the property taxes are not paid by the due date, all penalties will apply and the incentives offered by this policy will not apply. This policy will be applicable against the taxes levied in the year following the year in which the renovation and/or upgrading project is completed. This policy will only apply to the municipal portion of the tax levy, all requisitions will be payable by the person liable for the property tax. The increased assessed value will be the difference between the assessed value prior to the commencement of the redevelopment and the assessed value following the completion of the redevelopment. If the subject property is registered by a Plan of Subdivision after commencement of the redevelopment the eligible assessment will be prorated on the same methodology that is in use by the Assessment and Taxation Department for all subdivisions. Subject to annual approval, the tax adjustment will be based on the difference between the original assessed value and the assessed value following the completion of the redevelopment for a period of five (5) years. In the event that the taxpayer applies in a subsequent year the property will only be eligible for the period of 5 years less the time expired from first eligibility. Once a property has received Council Approval for a tax concession the taxpayer shall be deemed to have applied for a concession in each of the following 4 years. The tax adjustment will be a credit that is applied to the annual tax levy.

Number: CC21

Page: 3 of 4

The Assessment & Taxation will endeavor to forward an application form to the taxpayer for each property that may qualify for a tax concession under this policy. Prior to passage of the annual property tax bylaw, the Assessment and Taxation Department will advise Council of the number of applications and the estimated amount of tax concessions requested for that year. After the passage of the annual property tax bylaw, the Assessment and Taxation Department will submit to Council:

(a) a list of properties qualifying for tax concessions for which new applications have been received

(b) a list of properties for which tax concessions have previously been

approved and which remain eligible for tax concessions under the phasing out provisions of this policy

(c) a list of properties for which applications for tax concessions have been

received but which do not qualify for tax concessions under this policy A taxpayer, subject to a supplementary tax assessment, may submit an application to the Assessment and Taxation Department for a tax concession in the year of the supplemental tax assessment and if such application is approved the concession shall be deemed to be year one of the five-year period. Upon receipt of the foregoing list, Council may, if it considers it equitable to do so, pass a resolution approving any or all of the properties for tax concessions for that taxation year. TAXPAYERS SHOULD NOTE THAT THIS POLICY DOES NOT COMMIT COUNCIL TO GRANT TAX CONCESSIONS AND THAT COUNCIL HAS ABSOLUTE DISCRETION TO APPROVE OR REFUSE A TAX CONCESSION REGARDLESS OF WHETHER A PROPERTY QUALIFIES OR HAS PREVIOUSLY BEEN APPROVED FOR A CONCESSION UNDER THIS POLICY. A separate budget item will be established in each year’s budget to show the tax concessions approved under this policy. EXCLUSIONS This policy will not apply to property that is owned by the Crown in right of Alberta or Canada or any other body that is exempt from taxation. REVISION/REVIEW HISTORY

• January 13, 2003: City Council Resolution • October 4, 2004: City Council Resolution • February 5, 2007: Re-issued (CC21)

Number: CC21

Page: 4 of 4

• This policy will be reviewed for ongoing relevancy and necessity prior to December 31, 2008 with the option that it may continue in its present form or an amended form.

City Council Meeting Monday, May 4, 2009

• Stan Dilworth, City Assessor, re Redevelopment Incentive Policy (RIP)

(2009)

510

B.A. LACEY: BE IT RESOLVED THAT the report from the Administration regarding the Redevelopment Incentive Policy (2009), be received as information and filed AND FURTHER BE IT RESOLVED THAT the recommendations of Administration to:

1. approve a one year extension to the 2004 Redevelopment Incentive Policy for the 2009 tax year

2. refer the 2004 Redevelopment Incentive Policy to the Heart of Our City

Revitalization Committee to evaluate the program and prepare recommendations for City Council’s consideration by October 31, 2009 concerning the future of the program in conjunction with other potential Downtown Redevelopment initiatives

3. provide a cancellation of part of the 2009 property tax in the amount of

$59,966.94, in accordance with the direction given in 2004 and Section 347 of the Municipal Government Act,

be approved.

-------------------------CARRIED ACTION: City Treasurer, City Assessor

………………………………..

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Heart of Our CityHeart of Our City~ BUDGET & DOWNTOWN

REDEVELOPMENT INCENTIVE POLICY ~

HEART OF OUR CITY REVITALIZATION COMMITTEE

March 22, 2010

Purpose Today:

Heart of Our CityHeart of Our City

p y• Review Vision and Pillars• Discuss Downtown

Redevelopment Incentive Policy• Present 2010 Heart of Our City

Budget

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Heart of Our CityHeart of Our City ~ Master Plan

Through Downtown Revitalization, the City Through Downtown Revitalization, the City will strive to:will strive to:

Vision Statement

•• enhance quality of life for its citizens.enhance quality of life for its citizens.•• create an open, safe, affordable, accessible, create an open, safe, affordable, accessible,

vibrant & welcoming place for all vibrant & welcoming place for all Diversity will be embraced & celebrated through: Diversity will be embraced & celebrated through:

b d ib d i•• urban design urban design •• architecture & architecture & •• dayday--toto--day functions of Downtown Lethbridge day functions of Downtown Lethbridge

Heart of Our CityHeart of Our City ~ Master PlanVision Statement

Campaign “Pillars”

A Beautiful Downtown

A Livable Downtown

An Exciting

Downtown

An Accessible Downtown

A Sustainable Downtown

A Vibrant Downtown

Broad, yet tangible objectives for shaping future growth and change

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Downtown Redevelopment Incentive Policy

(DRIP)( )

Redevelopment Incentive Property in the Downtown BRZ Policy (DRIP):


in the Downtown BRZ Policy (DRIP):• Purpose was to provide incentives to encourage

the redevelopment of property in the downtown BRZ

• Program started in 2003 for a five year periodE t d d f 2009 b Cit C il• Extended for 2009 by City Council

• Referred to Heart of Our City Revitalization Committee (HOCRC) for recommendation

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DRIP:Tax concession provided to properties


• Tax concession provided to properties which increased their assessed value of their property by more than 2.5% plus $25,000

• Less than 1.0% of the downtown assessment has been eligible for tax concessions

• $62,788.81 provided in 2009 to 18 properties (3 were new applicants)

DRIP:


• New Construction Over Six Years– 7 new properties (Tim Horton’s, Community Savings,

Clarica Building, Integrity Dental Clinic, 2 Law Offices, and Canadian Back Institute)

– $344,583 tax abatement for new construction over the 6 yearsConclusion of HOCRC is DRIP had NO impact

on the decision to build

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DRIP:Renovations


• Renovations

– 37 existing developments– Includes 12 condominiums (Kresge & Club

Cigar)– DRIP had medium impact on Alex Arms (44

units) and Club Cigar Development– $180,634 tax abatement for renovations over

the 6 years

• Total Taxable 2009 Assessment for D t


Downtown– $590.3 Million

• Total 2009 Assessment Qualifying for DRIP– $5 8 Million$5.8 Million

0.99% HAVE QUALIFIED

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DRIP Options:• Enhance


• Enhance• Discontinue• Phase Out to complete existing projects

2010 $28,907 2011 $26,2142012 $19,0462013 $16,784

Alternatives to DRIP:HOCRC looking at other financial incentive


HOCRC looking at other financial incentive programs starting in 2011:– Residential– Commercial

Public Sector– Public SectorThese will be presented

at a future City Council Meeting

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Heart of our City Revitalization 2010 Budget g

2010 Budget:HOCRC created in 2009 by City Council


• HOCRC created in 2009 by City Council• Committee receives $500,000 in funding

from City Council each year• Examined Heart of the City Master Plan

six Campaign Pillars and aligned budgetsix Campaign Pillars and aligned budget initiatives

• Some of the initiatives . . .

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High Speed Wireless - By providing free public wireless access, we will be able to increase the number of people who


visit the downtown, potentially attract new businesses and enhance the overall downtown experience. Users will be automatically linked to www.downtownlethbridge.com

Historic Plaque and Monument Program – bronze plaques are erected on historical buildings and places in the downtown via


Lethbridge Historical Society. This helps support other programs such as the Lethbridge Main Street Project and the Galt Museum walking tours and podcasts.

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Planning and Designing a Streetscape and Parking Strategy –using a $525,000 grant from the Canadian Badlands Ltd, of

$


which City’s portion is $131,250

Marketing Program through Economic Development Lethbridge


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R d i


Recommendations:

1. That the Downtown Redevelopment Incentive Policy be discontinued and no new applications be considered, phasing the program out over the next few yearsfew years

2. That the 2010 Heart of Our City Budget be approved

Tuesday, March 16, 2010 Request to appear before City Council Re: Letter of Support to accompany grant application BFuel Canada Corp wishes to make a presentation to City Council for the purposes of obtaining a Letter of Support for a federal grant program to benefit the development of an integrated oil seed crushing and biodiesel facility in the county. The grant is the AG-Canada ecoENERGY for Biofuels Program and contributes an incentive for the production of biofuels in Canada. Glenn Collick, President of BFuel and Georgina Knitel, CEO will be the presenting at the requested date of presentation; next City Council meeting, Monday March 22, 2010. The project will have estimated annual gross revenues of $60 million and a work force of over 40. Indirect employment and services will be many times that, including the added requirement of over 4 million bushels of canola seed, which most will be sourced from producers within 100 km of the plant, further benefiting the region. BFuel is in the final stages of qualifying for additional federal funding for the project, and we respectfully ask if we can obtain a letter of support from the Mayors office reflecting your positive position to include in our submission. Thank you, Sincerely Ron Knoedler Project Administrator

ADDENDUM CITY COUNCIL MEETING

DATE: MONDAY, March 22, 2010 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS

ADDITIONAL PRESENTATION

5:00 P.M. 4.6 a) Commodore Ron Lloyd, Commander of Canadian

Pacific Fleet, re Naval Namesake Presentation - HMCS Lethbridge b) Glenn Miller, representing Sailors who served on the HMCS Lethbridge, re Greetings

(No Attachments)

Department: Corporate Services

March 16, 2010

For Submission to March 22, 2010

Council Meeting His Worship the Mayor and Members of City Council Re:

Annual General Meeting of the Alberta Capital Finance Authority

Attached please find the Agenda for the Annual Meeting of the Shareholders of the Alberta Capital Finance Authority (ACFA) to be held Thursday April 8, 2010 in Edmonton. Council is requested to appoint a person to represent and vote the shares at the upcoming Annual Meeting. Also attached are the minutes of the 2009 Annual Meeting. The 2009 Annual Report of the ACFA will soon be available for review in the City Clerks office.

Respectfully submitted,

Corey Wight, CA City Treasurer

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08093

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08093

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Corey Wight

08093

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City of Lethbridge

BYLAW 5636 -------------------------

A BYLAW OF THE CITY OF LETHBRIDGE TO AMEND

BYLAW 4002 - THE WESTMINSTER AREA REDEVELOPMENT PLAN

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

NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. Bylaw 4002 - The Westminster Area Redevelopment Plan Bylaw of the City of

Lethbridge is hereby amended. 2. Bylaw 4002 is amended by deleting the present Land Use Districts Map (Figure

18) and inserting in its place the attached new Land Use Districts Map (all as shown on the attached Schedule “A”).

3. This Bylaw shall come into effect on the date of final passage thereof. READ A FIRST TIME this _______ day of__________________, A.D. 2010 ____________________________ ____________________________ MAYOR CITY CLERK READ A SECOND TIME this _______ day of _______________, A.D. 2010 ____________________________ ___________________________ MAYOR CITY CLERK READ A THIRD TIME this ________day of _________________, A.D. 2010 ____________________________ ____________________________ MAYOR CITY CLERK

Schedule “A”

BYLAW NO. 5634

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

CITY OF LETHBRIDGE AND

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

LAND USE BYLAW OF THE CITY OF LETHBRIDGE

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

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

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

That portion of Lot 38 which lies to the east of the west 2 feet thereof, the whole of Lots 39 and 40 and the west 6.74 feet of Lot 41, Plan 653C

From: P-B (Public Building) and

R-L (Residential Low Density)

To: DC (Direct Control)

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

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

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

b) the general rules for all districts, as described in Sections 40-62 of the Land Use Bylaw 4100, apply to uses of the land described above.

4. Permitted Uses

:

-2-

Dwelling unit, apartment Accessory building Home occupation “A”

5. Building Appearance

:

As shown on the attached building elevation drawings in Schedule “B”. 6. Maximum Building Height

:

As shown on the attached site plan in Schedule “B”. 7. Minimum Yard Setbacks

:

As shown on the attached site plan in Schedule “B”.

8. Parking

:

As shown on the attached site plan in Schedule “B”.

9. Landscaping: A landscaping plan to the Development Officer’s satisfaction is required.

10. This Bylaw shall come into effect on the date of final passage thereof. READ A FIRST TIME THIS Day of , AD, 2010 Mayor City Clerk READ A SECOND TIME THIS day of , AD, 2010 Mayor City Clerk READ A THIRD TIME THIS day of , AD, 2010 Mayor City Clerk

-3-

Schedule “A”

-4-

Schedule “B”

BYLAW 5637

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

A BYLAW OF THE CITY OF LETHBRIDGE TO PROVIDE FOR THE PAYMENT OF TAXES IN ARREARS

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

WHEREAS Council considers it advisable to authorize the establishment of a Tax Arrears Payment Plan;

NOW THEREFORE THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:

1. This Bylaw may be referred to as the Tax Arrears Payment Plan Bylaw. TITLE

2. The City Tax Collector is authorized to establish plans for payment by installments of taxes in arrears and possibly current taxes, to be known as “Tax Arrears Payment Plan”.

TAX ARREARS PAYMENT PLAN

3. In this Bylaw DEFINITIONS

(a) “City” means the municipal corporation of the City of Lethbridge;

(b) “City Tax Collector” means the City Assessor and Tax Collector, a designated officer appointed pursuant to the provisions of the Municipal Government Act

(c) “Current taxes” means taxes other than taxes in arrears;

;

(d) “Tax Arrears Plan” means a Tax Arrears Payment Plan established pursuant to Section 2;

(e) “Taxes” means all taxes imposed by the City pursuant to the Municipal Government Act or any other statute of the Province of Alberta, including property taxes, local improvement taxes, maintenance taxes, business revitalization zone taxes, the amounts which in the event of non-payment are deemed at law to be taxes or recoverable as or in the same manner as taxes and any penalties on such taxes or amounts;

2

(f) “Taxes in Arrears” means taxes which remain unpaid after December 31 of the year in which they were imposed, including penalties on such taxes;

(g) “Taxpayer” means a person liable to pay taxes;

(h) “Tax Penalties Bylaw” means the annual Incentives for Prepayment, Penalty and Tax Deferral Bylaw;

(i) “Year” means calendar year.

4.

4.1 A Taxpayer with taxes in arrears due and owing to the City may, at anytime, apply to the City Tax Collector to pay taxes in arrears and possibly current taxes, by installments pursuant to a Tax Arrears Plan.

APPLICATION

4.2 An application pursuant to Subsection 4.1 shall be approved by the City Tax Collector provided that the following conditions have been satisfied:

(a) The Taxpayer shall have completed an application in the form prescribed by the City Tax Collector;

(b) The Taxpayer shall have completed such application form or forms provided by the City Tax Collector as may be required to enable the City to collect;

i) installment payments pursuant to the Tax Arrears Plan by way of pre-authorized transfer of funds from an account of the Taxpayer at a bank, treasury branch, trust company or credit union; or

ii) if approved by the Tax Collector, by providing post-dated cheques; or

iii) cash payments.

(c) The Taxpayer shall undertake to pay all taxes pursuant to the Tax Arrears Plan on a weekly, bi-weekly or monthly installment basis over a term not exceeding twenty-four (24) months.

4.3 The effective date of the Tax Arrears Plan shall be the date the Taxpayer’s application made pursuant to Subsections 4.1 and 4.2 is approved by the City Tax Collector.

3

4.4 Subject to Sections 7, 8 and 9, the Taxpayer shall pay all taxes pursuant to the Tax Arrears Plan without further application under this Bylaw for the duration of the term of the Tax Arrears Plan from the effective date of the Tax Arrears Plan.

5.

5.1 All taxes paid pursuant to a Tax Arrears Plan shall be paid with weekly, bi-weekly or monthly installments calculated pursuant to this section and payable on the dates established under the Tax Arrears Plan.

WEEKLY, BI-WEEKLY AND MONTHLY INSTALLMENTS

5.2 The term of a Tax Arrears Plan shall be determined by the City Tax Collector having regard to:

(a) the Taxpayer’s ability to pay;

(b) the amount of taxes in arrears; and

(c) such other matters as the City Tax Collector considers reasonably advisable;

and shall not exceed a maximum of twenty-four (24) months from the effective date of the Tax Arrears Plan.

5.3 The amount of weekly, bi-weekly and monthly installments to be paid pursuant to Subsection 5.1 shall be calculated by determining whether or not the arrears of taxes, or both the arrears and anticipated current taxes are to be paid under the plan:

Option A - Payment of Arrears and Current Tax:

(a) the estimated current taxes payable during the term of the Tax Arrears Plan;

(b) all taxes in arrears up to the effective date of the Tax Arrears Plan; and

(c) the estimated penalties pursuant to section 6 based upon the term of the Tax Arrears Plan;

Option B - Payment of Arrears (Owner to pay current taxes on time):

(a) all taxes in arrears up to the effective date of the Tax Arrears Plan; and

4

(b) the estimated penalties pursuant to Section 6 based upon the term of the Tax Arrears Plan;

divided by the number of weekly, bi-weekly and monthly installments included in the term of the Tax Arrears Plan. All weekly, bi-weekly and monthly installments shall be applied first in payment of the taxes in arrears.

5.4 The Taxpayer, after the commencement of a Tax Arrears Plan, may apply to have the term of the Tax Arrears Plan reduced, or, if the term of the Tax Arrears Plan is less than twenty-four (24) months, the Taxpayer may apply to have the term of the Tax Arrears Plan extended, subject to the discretion of the City Tax Collector, to the maximum of twenty-four (24) months in accordance with Subsection 5.2. Upon the term being reduced or extended, the weekly, bi-weekly and monthly installments shall be adjusted by the City Tax Collector accordingly.

6.

6.1 Subject to Sections 7, 8 and 9 of this Bylaw, penalties pursuant to the Tax Penalties Bylaw shall not be applied to current taxes or taxes in arrears during the term of a Tax Arrears Plan.

PENALTIES

6.2 The Taxpayer shall instead pay a discounted rate of penalty from the effective date of the Tax Arrears Plan on the taxes in arrears accruing up until the effective date of the Tax Arrears Plan and on the current taxes which become taxes subject to penalties after July 1 of each year during the term of the Tax Arrears Plan.

The discounted penalty shall be the existing tax penalty rate as provided by the Tax Penalties Bylaw at the effective date of the Tax Arrears Plan, less eight percent (8%), and this discounted rate of penalty shall be adjusted during the term of the Tax Arrears Plan in accordance with any changes in the tax penalty rate.

7.

7.1 A Taxpayer paying taxes pursuant to a Tax Arrears Plan may withdraw from the Tax Arrears Plan at any time upon at least two (2) weeks written notice to the City Tax Collector.

WITHDRAWAL FROM A TAX ARREARS PLAN

7.2 In the event that a Taxpayer withdraws from a Tax Arrears Plan:

5

(a) all taxes in arrears and, if the date of withdrawal is after June 30 of any given year, all current taxes shall become due and payable on the effective date of withdrawal;

(b) the Taxpayer shall not be entitled to any discounts pursuant to this Bylaw from the effective date of withdrawal.

8.

8.1 (a) If a weekly, bi-weekly or monthly installment required to be paid pursuant to a Tax Arrears Plan remains unpaid by the 21st day after the payment was due pursuant to this Bylaw, the Taxpayer shall be deemed to be in default of the Tax Arrears Plan. In the event of such default, the participation of the Taxpayer in the Tax Arrears Plan may be cancelled at the discretion of the City Tax Collector, however, should the Taxpayer default more than twice during the term of the Tax Arrears Plan, the Tax Arrears Plan shall be automatically cancelled.

DEFAULT

(b) If a Taxpayer chooses Option B for the payment of arrears and does not

pay their current year’s taxes prior to the due date, the Taxpayer shall be deemed to be in default of the Tax Arrears Plan. In the event of such default, the participation of the Taxpayer in the Tax Arrears Plan may be cancelled at the discretion of the City Tax Collector, however, should the Taxpayer default more than twice during the term of the Tax Arrears Plan, the Tax Arrears Plan shall be automatically cancelled.

8.2 If the participation of a Taxpayer in a Tax Arrears Plan is cancelled:

(a) all taxes in arrears and, if the date of cancellation is after June 30 of any given year, all current taxes shall become due and payable on the effective date of cancellation;

(b) the Taxpayer shall not be entitled to any discounts pursuant to this Bylaw from the effective date of cancellation; and

(c) the Taxpayer shall be liable to pay penalties pursuant to the Tax Penalties Bylaw from the effective date of cancellation, on all taxes, whether current taxes or taxes in arrears.

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9.

When a Taxpayer sells property to which a Tax Arrears Plan applies, the Tax Arrears Plan shall be deemed to be cancelled and all taxes in arrears and, if the date of closing is after June 30 of any given year, all current taxes shall become due and payable effective on the date of closing.

SALE OF LAND

10.

The City Tax Collector may revise the amount of the monthly installments payable under a Tax Arrears Plan:

ADJUSTING OF WEEKLY, BI-WEEKLY AND MONTHLY INSTALLMENTS

(a) to reflect changes to the assessed value of the property or business;

(b) to reflect changes in the discounted tax penalty rate as determined by changes to the tax penalty rate pursuant to the Tax Penalties Bylaw;

(c) to reflect differences between the estimated and actual current taxes during the term of the Tax Arrears Plan;

(d) to account for a lump sum payment of taxes made by the Taxpayer;

(e) to reflect the imposition, termination or lump sum payment of local improvement taxes, maintenance levies and/or any other related charges;

(f) to reflect the increase in payments and penalties required as a result of a failure to pay a weekly, bi-weekly or monthly installment;

(g) to provide for payment pursuant to the Tax Arrears Plan of amounts which in the event of non-payment are deemed at law to be taxes or recoverable as or in the same manner as taxes; or

(h) to provide for or reflect such other matters as the City Tax Collector reasonable considers advisable.

11.

The City Assessor is designated as the City Tax Collector to carry out the duties for the administration of this Bylaw.

CITY TAX COLLECTOR

7

12. This Bylaw does not affect any provisions of or stay any tax recovery proceedings pursuant to the

MUNICIPAL GOVERNMENT ACT

Municipal Government Act (2000) Chapter M-26.1.

13.

This Bylaw shall come into force on the date of final passing thereof. EFFECTIVE DATE

14. Bylaw No. 4793 is repealed as of March 31, 2012. REPEALED

READ A FIRST TIME THIS _____ day of _________________________, A.D., 2010 ______________________________ ______________________________ MAYOR CITY CLERK READ A SECOND TIME THIS _____ day of _________________________, AD, 2010 ______________________________ ______________________________ MAYOR CITY CLERK READ A THIRD TIME THIS _____ day of _________________________, AD, 2010 ______________________________ _____________________________ MAYOR CITY CLERK

Office of: City Solicitor

March 10, 2010

For Submission to

March 22, 2010 Council Meeting

His Worship the Mayor and Members of City Council RE: BYLAW 5538 Amendment to Development Officer Bylaw Attached hereto for Council’s consideration and three readings is Bylaw 5538. Kevin Deaust has recently been appointed Development Officer which makes this Bylaw revision necessary in order for Mr. Deaust to perform this function.

Douglas S. Hudson, Q.C. City Solicitor

BYLAW 5538 --------------

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 KEVIN DEAUST - 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. 2010 ___________________________ ________________________________ MAYOR CITY CLERK READ A SECOND TIME this _______day of __________________, A.D. 2010 ___________________________ ________________________________ MAYOR CITY CLERK READ A THIRD TIME this _______day of ____________________, A.D. 2010 ___________________________ ________________________________ MAYOR CITY CLERK

Sean Hogan here. Thanks for getting back to me please see the breakdown of the budget for the costs to make the show happen from my end listed below. Also please note that the theatre seats as many as 500 seats so with tickets at $30. each for adults, before ticket service charges and $15. for youth tickets of 17 years and younger, the concert could yield a revenue potential with it's available seating of total of anywhere up to $15,000. dollars. Minus my costs of approximately $3,350. plus g.s.t and the revenue could be in profits well over $10,000. for the Red Cross from this one concert night performance. This is if the theatre is withholding the charges for use of the venue as specified already. The PDF file is the correspondence letter from the Red Cross for the project please print that out as well as this information for the interested parties please include these for the agenda.Thanks as far as I can tell we are 40 minutes early getting thse in by deadline. Thank you again. SIncerely, Sean

Breakdown of costs for the event to take place in Lethbridge for concert on the night of 21st of May 2010. The cost is not to exceed $3,350. this is the amount that will be turned over to Sean to pay out his costs, which upon co-ordinating the concert night the costs are illustrated below. All funds raised above this amount will be donated to the Red Cross. Accommodations will be sought out by sponsorship in order to keep costs from rising any higher than this. Costs of sound equipment with rentals and personnel (I have spoken with D.B. audio, after speaking with Daryl Harris ) coming out of Lethbridge approx. cost $450. or less for the night. Costs of transportation for the troop with flights, van rental, gas costs all built in approx. not to exceed $1250. Also posters costs prorated with design, production etc. included here as well musicians and sound man token $250. x 3 = $750. includes sound man that tours with group as well. honorarium for artist includes all donated co-ordination efforts from Sean Hogan in his performance fee $300. honorarium for artist Julian Austin performance fee $300. subtotal $3,050. plus g.s.t. possible third artist being (Duane Steele would perform at same performance fee $300.) total $3,350. if Duane Steele is also on the roster as part of the show. Local artists who wish to participate will not be paid. This fee would not be greater than this save for if we are not able to get accommodations donated then it could be a few hundred more possibly but all costs for said services must be met and if we do not have success with some accommodation sponsorship this will have to come from the profits first as well. The costs must be met first before additional amounts ie. net proceeds are handed to RED CROSS. I can not afford to walk away after all the work to make this happen, losing the money to make the show a success.

Sean Hogan [email protected]

mailto:[email protected]�

City Council Meeting Monday, November 2, 2009

4.3 Laurie Cottingham, Concert Representative, re COUNTRY for Country in Need (Haiti) Concert Request for Waiver of Yates Fees

555-C 625-D

R.K. PARKER:

BE IT RESOLVED THAT the communication from Sean Hogan, Trans Canada Artists and Laurie Cottingham, Concert Representative COUNTRY for a Country in Need (Haiti) requesting a waiver of the Yates Memorial Centre costs of $1,831.73 for a joint fundraising event for Haiti to be held on April 12th and 13th, be received as information and filed AND FURTHER BE IT RESOLVED THAT the matter be tabled to allow for the presentation of a budget and a letter from the Red Cross confirming its involvement in this project AND FURTHER BE IT RESOLVED THAT Ms. Cottingham be thanked for her presentation.

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