CITY COUNCIL MINUTES
Tuesday, July 13, 2004
PRESENT:B. Smith; B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons,
R. Hayter, L. Langley, K. Leibovici, S. Mandel, J. Melnychuk, M. Phair, D. Thiele.
ALSO IN ATTENDANCE:
A. B.Maurer, City Manager
A.Sinclair, Office of the City Clerk
A.CALL TO ORDER AND RELATED BUSINESS
A.1.CALL TO ORDER
Mayor B.Smith called the meeting to order at 9:45 a.m.
Councillors B.Anderson and J. Batty were absent.
OPENING PRAYER
Reverend ChrisRoulson, City Chaplain, led the assembly in prayer.
Councillors B.Anderson and J. Batty entered the meeting.
A.2.ADOPTION OF AGENDA
MOVED M.Phair – T.Cavanagh:
That the July 13, 2004, City Council meeting agenda be adopted with the addition of the following items:
E.1.f.Downtown Area Design
E.1.g.Council Services Committee – Change to July 22, 2005, Meeting Time
AMENDMENT MOVED A.Bolstad – D. Thiele:
That a part 2 be added as follows:
2.That Council recess from 10:45 a.m. to 11 a.m.
CARRIED
FOR THE AMENDMENT:B.Smith; A.Bolstad, T.Cavanagh, E.Gibbons,
R.Hayter, S.Mandel, M.Phair, D. Thiele.
OPPOSED:B.Anderson, J. Batty, L.Langley, K.Leibovici,
J.Melnychuk.
MOTION, AS AMENDED, put:
1.That the July 13, 2004, City Council meeting agenda be adopted with the addition of the following items:
E.1.f.Downtown Area Design
E.1.g.Council Services Committee – Change to July 22, 2005, Meeting Time
2.That Council recess from 10:45 a.m. to 11 a.m.
CARRIED
FOR THE MOTION
AS AMENDED:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
A.3.ADOPTION OF MINUTES
MOVED M.Phair – J.Melnychuk:
That the following meeting minutes be adopted:
- June 23, 2004, City Council Public Hearing
- June 24, 2004, Special City Council
- June 29, 2004, City Council
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
A.4.URGENT MATTERS - PROTOCOL ITEMS
A.4.a.Tribute to FormerCityCouncillor PercyWickman
On behalf of City Council, Mayor B.Smith extended condolences to the family of fomerCity Councillor Percy Wickman, who recently passed away. PercyWickman served as a Member of City Council for nine years, representing Ward 5 for three consecutive terms from 1977 to 1986, and he served as the MLA for Edmonton-Rutherford from 1989 until his retirement from politics in 2001. After his retirement he continued to provide his services as a member of the Subdivision and Development Appeal Board.
Throughout his public life he fought for, and succeeded, in getting better access for persons with disabilities and wrote an autobiography about his personal experiences as a disabled person entitled Wheels in the Fast Lane: A Blessing in Disguise.
He will be remembered for his determination, his zest for life and his sense of humour.
B.PROCEDURAL MATTERS
B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS
Council exempted items D.2.a., E.1.a., E.1.b., E.1.f., F.1.b., G.1.a., G.1.b., G.1.c., G.1.d., H.1.a. and in-private item H.1.b. for debate.
MOVED T.Cavanagh – L.Langley:
D.3.STATUS OF REPORTS
D.3.a.High Speed Transit Quick Start Strategy (Strategic Review for High Speed Transit to the West North/Northwest and Southeast)
That the revised due date of July 27, 2004, be approved. / Transportation & StreetsDue: July 27, 2004
D.3.b.Funding Strategies for south LRT Extension
That the revised due date of July 27, 2004, be approved. / Transportation & StreetsDue: July 27, 2004
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.c.City Manager’s Mid Year 2004 Personal Contribution Plan Status
That the Mid-Year 2004 Status of the City Manager’s Personal Contribution Plan (Attachment 1 of the June 25, 2004, Office of the City Manager report 2004CMO053) be received for information. / City ManagerE.1.d.City of Edmonton Response to the Decision of Strathcona County to Pass Bylaw 20-2004 (Aspen Trails Area Structure Plan) and Bylaw 21-2004 (Emerald Hills Area Structure Plan)
1.That the action of the City Manager regarding the filing of a notice of appeal with the Municipal Government Board, pursuant to Section 690(1) of the Municipal Government Act, with respect to the decision by Strathcona County on May 11, 2004, to pass Bylaw 21-2004 (the Emerald Hills Area Structure Plan) and Bylaw 20-2004 (the Aspen Trails Area Structure Plan), be upheld.2.That the City Manager:
a.inform the Municipal Government Board of the City of Edmonton’s agreement to a postponement of the commencement of the appeal hearing beyond the 60 day timeframe in Section 691(1)(a) of the Municipal Government Act, provided Strathcona County agrees to immediately enter into discussions, negotiations or mediation to resolve the concerns as stated in the notice of appeal; and
b.in his discretion, refer the matter to the Minister of Municipal Affairs, pursuant to Section 570 of the Municipal Government Act.
3.That Administration provide an update on the appeal to the Municipal Government Board regarding the decision by StrathconaCounty on May 11, 2004, to the September 8, 2004, Executive Committee meeting, or earlier if the matter is to be referred to the Minister of Municipal Affairs. / City Manager
E.1.d. cont.
City Manager
Exec. Committee
Due: Sept. 8, 2004
E.1.e.Problem Housing
1.That the City Manager write a letter to the Minister of Municipal Affairs requesting amendments:a. to Section 546(1) of the Municipal Government Actgenerally as outlined in Attachment 2 of the June 9, 2004, Community Services/Planning and Development Departments report 2004PDD011.
b.that would ensure that an Order on a property from the City would follow that property if ownership changes.
2.That Administration prepare an amendment to the Minimum Maintenance Standards Bylaw to include the following:
a. appearance provisions around boarding (Winnipeg Bylaw);
b.maintaining access to property (e.g. sidewalk, driveways); and
c.no storage of combustible material including gases and liquids.
3.That the City Manager write a letter to the Provincial Government requesting an amendment to the Safety Codes Act that would ensure that an Order on a property from the City would follow that property if ownership changes.
4.That copies of the letters identified in Parts 1 and 3 above, be sent to all Edmonton MLAs.
5.That Administration prepare, for Executive Committee’s review, a proposed resolution regarding the request for amendments to the Municipal Government Act for the Alberta Urban Municipalities Association. / City Manager
Part 2
Planning & Dev.
Due: Sept. 14, 2004
E.1.e. cont.
Part 5
Exec. Committee
City Manager
Due: Sept. 8, 2004
E.1.g.Council Services Committee – Change to July 22, 2004, Meeting Time
That the July 22, 2004, Council Services Committee meeting start at1 p.m. / City Manager
F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS
F.1.a.The EdmontonArtGallery “Keeping The Doors Open” 2004 Community Investment Grant
That payment of the second instalment of the EdmontonArtGallery’s 2004 Community Investment Grant in the amount of $90,240 be approved. / Community Svcs.B.2.TIME SPECIFICS AND DECISION TO HEAR
MOVED M.Phair – D. Thiele:
That Council hear from the following delegation:
E.1.a.Notification of Zoning Applications to Community Leagues
R.Dahms, Executive Director, Edmonton Federation of
Community Leagues
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, K. Leibovici,
J. Melnychuk, M. Phair, D. Thiele.
OPPOSED:L.Langley, S.Mandel.
B.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE
L.BYLAWS
L.1.b.Bylaw 13521 - City Streets Access Bylaw
PURPOSE
The purpose of this Bylaw is to establish a City Streets Access Control Bylaw to regulate the approval of new and relocated accesses.
L.2.a.Bylaw 13676 - To authorize the City of Edmonton to undertake, construct, and finance Land Drainage Projects – 25 Years
PURPOSE
The purpose of this Bylaw is to authorize the City of Edmonton to undertake, construct, and finance Land Drainage Projects – 25 Years in the amount of $2,825,000.
L.2.b.Bylaw 13677 - To authorize the City of Edmonton to undertake, construct, and finance Sanitary Drainage Projects – 10 Years
PURPOSE
The purpose of this Bylaw is to authorize the City of Edmonton to undertake, construct, and finance Sanitary Drainage Projects – 10 Years in the amount of $9,597,000.
L.2.c.Bylaw 13678 - To authorize the City of Edmonton to undertake, construct, and finance Sanitary Drainage Projects – 25 Years
PURPOSE
The purpose of this Bylaw is to authorize the City of Edmonton to undertake, construct, and finance Sanitary Drainage Projects – 25 Years in the amount of $8,178,000.
MOVED B.Anderson – D. Thiele:
That Bylaw 13521 be read a first time.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
MOVED B.Anderson – D. Thiele:
That Bylaws 13521, 13676, 13677 and 13678 be read a second time.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
MOVED B.Anderson – D. Thiele:
That Bylaw 13521 be considered for third reading.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
MOVED B.Anderson – D. Thiele:
That Bylaws 13521, 13676, 13677 and 13678 be read a third time. / Distribution ListCARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
D.ADMINISTRATIVE INQUIRIES AND RESPONSES
D.1.ADMINISTRATIVE INQUIRIES
D.1.a.Motorcycle Usage (M.Phair)
“Over the past couple of years the number of complaints I have received regarding motorcycle – speed and noise – has significantly increased. I would like the following information from Administration, the Edmonton Police Service, and the Edmonton Police Commission:1.Over the last ten years, has the ownership of motorcycles in Edmonton increased? Is there any information available on the demographics of ownership?
2.Over the last five years, are there numbers from the police regarding complaints about motorcycles, charges/fines related to speeding and noise?
3.Are there particular streets or areas that seem to have significant problem behaviours regarding motorcycle usage (Jasper Avenue, Whyte Avenue, HighLevelBridge, Groat Road, etc.)?
4.What actions has the Edmonton Police Service initiated to reduce speeding and excessive noise of motorcycles? Do the police have any suggestions for future actions?
5.Any other information on motorcycle usage that may be pertinent.” / Police Commission
Transportation & Streets
Due: Sept. 14, 2004
D.1.b.Accessible Housing (M.Phair)
“One of the challenges facing many persons with disabilities as well as seniors is the construction of housing that is accessible or barrier-free. If the City wanted to achieve 25% of new housing as accessible in Edmonton, how could this be done?This inquiry should return to Executive Committee.” / Planning & Dev.
Community Svcs.
Exec. Committee
Due: Sept. 8, 2004
D.1.c.Designation of 24-hour Truck Routes (J.Melnychuk)
“I have received concerns from Parkdale residents regarding the ongoing designation of 86 Street, north of 112 Avenue, and 115 Avenue, between 82 Street and 86 Street, as 24-hour truck routes. Especially, given the availability of 82 Street as a 24-hour truck route only four blocks away and the fact that this route is incompatible with adjacent residential land uses. This concern was identified in the Parkdale ARP, including a request for review and removal of the 86 Street/115 Avenue connection. With the recent completion of left turn lanes at 112 Avenue – 82 Street, there appears to be no reason for retaining 86 Street and 115 Avenue within the truck-route system.I would request that Administration prepare a report prior to the next Traffic Bylaw amendment responding to this concern and outlining a mechanism to include this truck-route deletion within the next bylaw amendment.” / Transportation & Streets
Due: Sept. 14, 2004
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
Government of Alberta – Debt Retirement
Councillor R.Hayter requested the permission of Council to make a motion without notice regarding the Premier’s recent announcement about debt retirement.
MOVED M.Phair – T.Cavanagh:
That Councillor R.Hayter be allowed to make a motion without notice regarding the Premier’s recent announcement about debt retirement.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
MOVED R.Hayter – B.Smith:
That the Mayor, on behalf of City Council,send a letter of congratulations to Premier R. Klein regarding the Province becoming debt free, andin response to his public request for future spending priorities, urge the Premier to introduce a new and equitable fiscal arrangement for municipalities which recognizes that cities such as Edmonton are the engines of growth in the province. / MayorCorporate Svcs.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
D.2.REPORTS ON ADMINISTRATIVE INQUIRIES
D.2.a.Clean-up Required by Construction Firms (B.Smith)
MOVED E.Gibbons – D. Thiele:
That the June 9, 2004, Planning and Development Department report 2004PDD027 be referred to the July 21, 2004, Executive Committee meeting. / Planning & Dev.Exec. Committee
Due: July 21, 2004
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.a.Notification of Zoning Applications to Community Leagues
MOVED D. Thiele – E.Gibbons:
That the June 14, 2004, Planning and Development Department report be received for information.
R.Dahms, Edmonton Federation of Community Leagues, made a presentation and answered Council’s questions.
Mayor B.Smith vacated the Chair and Deputy Mayor A.Bolstad presided.
MOVED B.Smith – S. Mandel:
That the following motion and the June 14, 2004, Planning and Development Department report be 2004PDP098 be referred to Executive Committee:
MOVED D. Thiele – E.Gibbons (Made at the July 13, 2004, City Council meeting):
That the June 14, 2004, Planning and Development Department report be received for information.
L. Benowski, General Manager, Planning and Development Department; A. Sinclair, Office of the City Clerk; and A. B. Maurer, City Manager, answered Council’s questions.
LOST
FOR THE MOTION:B.Smith; A.Bolstad, L. Langley, S. Mandel,
J. Melnychuk, M.Phair.
OPPOSED:B.Anderson, J. Batty, T.Cavanagh, E.Gibbons,
R.Hayter, K.Leibovici, D. Thiele.
Deputy Mayor A.Bolstad vacated the Chair and Mayor B.Smith presided.
A. B. Maurer, City Manager; L. Benowski, General Manager, Planning and Development Department; and G. Heaton, Corporate Services Department (Law), answered Council’s questions.
MOTION ON ITEM E.1.a., put:
That the June 14, 2004, Planning and Development Department report 2004PDP098 be received for information. / Planning & Dev.CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
H.OTHER REPORTS
H.1.b.EdmontonResearchPark Development Proposal
MOVED A.Bolstad – J. Batty:
That Council recess and reconvene in private pursuant to Section 24 of the Freedom of Information and Protection of Privacy Act.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
Council recessed at 10:48 a.m.
Council reconvened in private at 11:05 a.m.
MOVED M.Phair – J.Melnychuk:
That Council meet in public.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
Council met in public at 12:07 p.m.
MOVED M.Phair – J.Melnychuk:
That the following item be added to the agenda:
H.1.b.EdmontonResearchPark Development Proposal - IN PRIVATE
Section 24 of the Freedom of Information and Protection of Privacy Act.
CARRIED
FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
MOVED M.Phair – J. Batty:
1.That the July 13, 2004, Edmonton Economic Development Corporation report 2004EED001 remain confidential pursuant to Section 24 of the Freedom of information and Protection of Privacy Act.
2.That the terms and conditions as outlined in Attachment 1 of the
July 13, 2004, Edmonton Economic Development Corporation report 2004EED001, be approved.
3.That the City Manager, subject to approval as to form by the City Solicitor, be authorized to sign and deliver on behalf of the City any and all documents and other instruments contemplated by or that are necessary or desirable to carry out, implement or give effect to the agreements as contemplated in recommendation number 2, including without limitation, all leases, consents, assignments, non disturbance agreements, estopple agreements and other specific conveyances or assurances.
AMENDMENT MOVED A.Bolstad – M.Phair:
That a part 4 be added as follows::
4.That Edmonton Economic Development Corporation develop a communication strategy for the agreements as contemplated in recommendation number 2.
CARRIED
FOR THE AMENDMENT:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
MOTION, AS AMENDED, ON ITEM H.1.b, put:
1.That the July 13, 2004, Edmonton Economic Development Corporation report 2004EED001 remain confidential pursuant to Section 24 of the Freedom of information and Protection of Privacy Act.2.That the terms and conditions as outlined in Attachment 1 of the
July 13, 2004, Edmonton Economic Development Corporation report 2004EED001, be approved.
- That the City Manager, subject to approval as to form by the City Solicitor, be authorized to sign and deliver on behalf of the City any and all documents and other instruments contemplated by or that are necessary or desirable to carry out, implement or give effect to the agreements as contemplated in recommendation number 2, including without limitation, all leases, consents, assignments, non disturbance agreements, estopple agreements and other specific conveyances or assurances.
- That Edmonton Economic Development Corporation develop a communication strategy for the agreements as contemplated in recommendation number 2.
City Manager
Corporate Svcs.
CARRIED
FOR THE MOTION
AS AMENDED:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.
Council recessed at 12:09 p.m.
Council reconvened at 1:32 p.m.
Councillors B.Anderson, R.Hayter and S.Mandelwere absent
H.OTHER REPORTS
H.1.a.Intergovernmental Affairs
A. B.Maurer, City Manager, answered Council’s questions.
Mayor B.Smith provided an update on the Minister’s Council on Provincial/Municipal Roles, Responsibilities and Resources.
MOVED M.Phair – J.Melnychuk:
That the verbal presentation be received for information. / City ManagerCARRIED
FOR THE MOTION:B. Smith;J. Batty, A. Bolstad,T. Cavanagh,
E. Gibbons, L. Langley,K. Leibovici, J. Melnychuk,
M. Phair,D. Thiele.
ABSENT;B.Anderson, R.Hayter, S.Mandel.
E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS