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City Council Public Hearing

Meeting Minutes1

November 18/21, 2003, ak

CITY COUNCIL PUBLIC HEARING MINUTES

Tuesday, November 18, 2003

Friday, November 21, 2003

PRESENTB. 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:

G. Heaton, Corporate Services Department (Law)
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 1:32 p.m.

Councillors B. Anderson and J. Batty were absent.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – T. Cavanagh:

That the November 18, 2003, City Council Public Hearing meeting agenda be adopted, with the following changes:

1. Deletion:

L.1.h.Bylaw 13440 – To amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (DC2) Site Specific Development Control Provision, located at 4725 – 106 Avenue, Gold Bar

2.Replacement Pages:

L.1.i.Bylaw 13436 – To amend Bylaw 11890, as amended, being the Strathcona Area Redevelopment Plan, Whyte Avenue Commercial Area, Strathcona, Ritchie, Queen Alexandra and Garneau

CARRIED

FOR THE MOTION:B. Smith; A. Bolstad, T. Cavanagh, E. Gibbons,
R. Hayter, L. Langley, K. Leibovici, S. Mandel,
J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Anderson, J. Batty.

A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

Councillors B. Anderson and J. Batty entered the meeting.

A.5.CALL FOR PERSONS TO SPEAK

A. Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

Mayor B. Smith asked if there was any objection to item E.1.a. and Bylaw 13451 being read together. No one objected.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.ADOPTION OF AN AMENDMENT TO SOUTHEAST INDUSTRIAL AREA OUTLINE PLAN

L.BYLAWS

L.1.a.Bylaw 13451 – To amend the Zoning Bylaw from (IH) Heavy Industrial Zone to (IM) Medium Industrial Zone and (PU) Public Utility Zone, located west of 50 Street and south of 68 Avenue, Roper Industrial

PURPOSE

To allow for medium industrial uses and accommodate a stormwater management facility.

J. Kelly, Bel MK Engineering; and J. Nelson, IPSCO Inc., were in attendance to answer questions in favour of the passing of item E.1.a. and Bylaw 13451.

Mayor B. Smith asked if there was any objection to Bylaws 13525 and 13540 being read together. No one objected.

L.1.b.Bylaw 13525 - To close a portion of 67 Street right-of-way, located north of Roper Road, Roper Industrial

PURPOSE

To close a portion of 67 Street. Once closed, the closure area will be consolidated with abutting City-owned properties to the west, site of the approved indoor soccer arena and park.

L.1.c.Bylaw 13540 – To amend the Zoning Bylaw from (IB) Industrial Business Zone and (IM) Medium Industrial Zone to (AP) Public Parks Zone; located at 67 Street, north of Roper Road, Roper Industrial

PURPOSE

The proposed use is for additional yard area for the approved southeast indoor soccer arena (zoned AP) to enhance opportunities for landscaping and parking.

There were no persons present to speak to the passing of Bylaws 13525 and 13540.

Mayor B. Smith asked if there was any objection to Bylaws 13535 and 13536 being read together. No one objected.

L.1.d.Bylaw 13535 – To amend Bylaw 11870, as amended, the Ellerslie Area Structure Plan, through an amendment to Bylaw 12581, being Ellerslie Neighbourhood Structure Plan

PURPOSE

To amend the Ellerslie Neighbourhood Structure Plan (NSP). The proposed amendment incorporates 8.51 additional hectares into the NSP area and establishes a development concept for this land. It also adjusts the configuration of the medium density residential parcels located west and east of Edwards Drive, and updates the mapping of the stormwater management facility and school/park site to correspond with the pattern of approved subdivision. The amendment also updates the neighbourhood land use and population statistics associated with the NSP and as reflected in the Ellerslie Area Structure Plan (ASP) to reflect adjustments.

L.1.e.Bylaw 13536 – To amend the Zoning Bylaw from (AG) Agricultural Zone and (RSL) Residential Small Lot Zone to (RPL) Planned Lot Residential Zone and (RF4) Semi-detached Residential Zone; located east of 91 Street and north of Ellerslie Road
(9 Avenue SW), Ellerslie 

PURPOSE

The proposed use is single and semi-detached residential development.

There were no persons present to speak to the passing of Bylaws 13535 and 13536.

L.1.f.Bylaw 13539 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (AGU) Urban Reserve Zone; located at 3428 – 156 Street SW, Rural South West 

PURPOSE

To facilitate the continued operation of a recreational vehicle campground and allow for additional buildings to be added for shower and laundry facilities as part of the Whitemud Creek Golf and Recreation Vehicle Resort.

M. Krupa, Whitemud Creek Golf and RV Resort, was in attendance to answer questions in favour of the passing of Bylaw 13539.

Mayor B. Smith asked if there was any objection to item G.1.a. and Bylaw 13502 being read together. No one objected.

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.Report of Disposal of Reserve Land Pursuant to Section 674 and 675 of the Municipal Government Act South of 105 Avenue, East of 103 Street. 

L.BYLAWS

L.1.g.Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown 

PURPOSE

To close a portion of road right-of-way located north of 104 Avenue at approximately 103 Street. This portion of road right-of-way is an undeveloped walkway that was intended to provide access to Lot 3MR, Block 9E, Plan972 4372. Once closed, the closure area will be consolidated with the adjacent properties (Lot 2, Block 9E, Plan 972 4372 and Block RLY, Plan 862 2223) as part of the proposed relocation and expansion of the Baccarat Casino.

L. Newton, Stantec Consulting Ltd.; H. Worrell, Gateway Casinos Alberta Ltd. (to answer questions); and D. Thomas, Fraser Milner Casgrain (in favour); D. Peaker; E. van der Poorten;
J. Murphy, Ogilvie and Company; and B. McCosh, Edmonton Federation of Community Leagues (in opposition) were in attendance to speak to the passing of item G.1.a. and Bylaw 13502.

L.1.b.Bylaw 13525 - To close a portion of 67 Street right-of-way, located north of Roper Road, Roper Industrial 

L.1.c.Bylaw 13540 – To amend the Zoning Bylaw from (IB) Industrial Business Zone and (IM) Medium Industrial Zone to (AP) Public Parks Zone; located at 67 Street, north of Roper Road, Roper Industrial 

MOVED B. Anderson – J. Batty:

That the public hearing on Bylaws 13525 and 13540 be closed.

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 – J. Batty:

That Bylaws 13525 and 13540 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 – J. Batty:

That Bylaws 13525 and 13540 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 – J. Batty:

That Bylaws 13525 and 13540 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 – J. Batty:

That Bylaws 13525 and 13540 be read a third time. / Distribution List

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.ADOPTION OF AN AMENDMENT TO SOUTHEAST INDUSTRIAL AREA OUTLINE PLAN 

L.BYLAWS

L.1.a.Bylaw 13451 – To amend the Zoning Bylaw from (IH) Heavy Industrial Zone to (IM) Medium Industrial Zone and (PU) Public Utility Zone, located west of 50 Street and south of 68 Avenue, Roper Industrial 

J. Nelson, IPSCO Inc.; and J. Kelly, Bel MK Engineering, answered Council's questions.

P. Arendt, Planning and Development Department, answered Council's questions.

Mayor B. Smith asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED B. Anderson – T. Cavanagh:

That the public hearing on item E.1.a. and Bylaw 13451 be closed.

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 – T. Cavanagh:

That Bylaw 13451 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 – T. Cavanagh:

That Bylaw 13451 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 – T. Cavanagh:

That Bylaw 13451 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 – T. Cavanagh:

That Bylaw 13451 be read a third time. / Distribution List

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.ADOPTION OF AN AMENDMENT TO SOUTHEAST INDUSTRIAL AREA OUTLINE PLAN 

MOVED B. Anderson – M. Phair:

That the amendment to the Southeast Industrial Area Outline Plan, as outlined in Attachment 1 of the July 14, 2003, Planning and Development Department report, be approved. / 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.

L.1.d.Bylaw 13535 – To amend Bylaw 11870, as amended, the Ellerslie Area Structure Plan, through an amendment to Bylaw 12581, being Ellerslie Neighbourhood Structure Plan 

L.1.e.Bylaw 13536 – To amend the Zoning Bylaw from (AG) Agricultural Zone and (RSL) Residential Small Lot Zone to (RPL) Planned Lot Residential Zone and (RF4) Semi-detached Residential Zone; located east of 91 Street and north of Ellerslie Road
(9 Avenue SW), Ellerslie 

P. Arendt, Planning and Development Department, made a presentation and answered Council's questions. B. Latte, Transportation and Streets Department, answered Council's questions.

Mayor B. Smith vacated the Chair and Deputy Mayor K. Leibovici presided. Mayor B. Smith left the meeting.

B. Latte, Transportation and Streets Department; and P. Arendt, Planning and Development Department, answered Council's questions.

Deputy Mayor K. Leibovici asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED B. Anderson – T. Cavanagh:

That the public hearing on Bylaws 13535 and 13536 be closed.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – T. Cavanagh:

That Bylaws 13535 and 13536 be read a first time.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – T. Cavanagh:

That Bylaws 13535 and 13536 be read a second time.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – T. Cavanagh:

That Bylaws 13535 and 13536 be considered for third reading.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – T. Cavanagh:

That Bylaws 13535 and 13536 be read a third time. / Distribution List

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

L.1.f.Bylaw 13539 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (AGU) Urban Reserve Zone; located at 3428 – 156 Street SW, Rural South West 

P. Arendt, Planning and Development Department, answered Council's questions.

Deputy Mayor K. Leibovici asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED B. Anderson – L. Langley:

That the public hearing on Bylaw 13539 be closed.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – L. Langley:

That Bylaw 13539 be read a first time.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – L. Langley:

That Bylaw 13539 be read a second time.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – L. Langley:

That Bylaw 13539 be considered for third reading.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

MOVED B. Anderson – L. Langley:

That Bylaw 13539 be read a third time. / Distribution List

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: B. Smith.

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.Report of Disposal of Reserve Land Pursuant to Section 674 and 675 of the Municipal Government Act South of 105 Avenue, East of 103 Street 

L.BYLAWS

L.1.g.Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown 

C. Raftis, Planning and Development Department; D. Gilham, Asset Management and Public Works Department; and L. Brenneis, Community Services Department, made a presentation.

D. Thomas, Fraser Milner Casgrain, made a presentation and answered Council's questions.

Mayor B. Smith entered the meeting. Deputy Mayor K. Leibovici vacated the Chair and Mayor B. Smith presided.

D. Thomas, Fraser Milner Casgrain, answered Council's questions.

G. Heaton, Corporate Services Department (Law), answered Council's questions.

D. Peaker; and E. van der Poorten made presentations and answered Council's questions. Copies of their presentations and E. van der Poorten’s handout were distributed to Members of Council and a copy of each was filed with the Office of the City Clerk.

J. Murphy, Ogilvie and Company, made a presentation and answered Council's questions.

Orders of the Day were called.

Council recessed at 3:31 p.m.

Council reconvened at 3:50 p.m.

Councillor D. Thiele was absent.

A. Gee, Downtown Edmonton Community Association, made a presentation and answered Council's questions.

Councillor D. Thiele entered the meeting.

B. McCosh, Edmonton Federation of Community Leagues, made a presentation and answered Council's questions.

G. Heaton, Corporate Services Department (Law); L. Brenneis, Community Services Department; D. Gilham, Asset Management and Public Works Department; and C. Raftis, Planning and Development Department, answered Council's questions.

Mayor B. Smith vacated the Chair and Deputy Mayor K. Leibovici presided.

MOVED B. Smith – A. Bolstad:

That any Member of Council who may wish to do so be allowed to speak for an additional five minutes.

CARRIED

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

OPPOSED:L. Langley.

Deputy Mayor K. Leibovici vacated the Chair and Mayor B. Smith presided.

L. Brenneis, Community Services Department; B. Latte, Transportation and Streets Department; and G. Heaton, Corporate Services Department (Law), answered Council's questions.

Mayor B. Smith asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED T. Cavanagh – M. Phair:

That the public hearing on Bylaw 13502 be closed.

CARRIED

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

OPPOSED:R. Hayter.

MOVED T. Cavanagh – E. Gibbons:

That Bylaw 13502 be read a first time.

CARRIED

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, S. Mandel, J. Melnychuk,
M. Phair, D. Thiele.

OPPOSED:R. Hayter, L. Langley, K. Leibovici.

MOVED T. Cavanagh – E. Gibbons:

That Bylaw 13502 be read a second time. / AMPW
City Council
Due: Nov. 25, 2003

CARRIED

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, S. Mandel, J. Melnychuk,
M. Phair, D. Thiele.

OPPOSED:R. Hayter, L. Langley, K. Leibovici.

Orders of the Day were called.

Council recessed at 5:30 p.m.

Council reconvened at 7:02 p.m.

MOVED B. Anderson – M. Phair:

That item G.1.a. be referred to the November 25, 2003, City Council meeting to be dealt with immediately following Bylaws 13500 and 13501. / AMPW
City Council
Due: Nov. 25, 2003

A. Sinclair, Office of the City Clerk; and L. Brenneis, Community Services Department, answered Council's questions.

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.

Item G.1.a. and Bylaw 13502:

Mayor B. Smith; Councillors B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons,
R. Hayter, L. Langley, K. Leibovici, S. Mandel, J. Melnychuk, M. Phair, D. Thiele were absent from part of the discussion with respect to the public hearing on item G.1.a. and Bylaw 13502.

A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

A.5.CALL FOR PERSONS TO SPEAK

A. Sinclair, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

Mayor B. Smith asked if there was any objection to Bylaws 13436 and 13437 being read together. No one objected.

L.BYLAWS

L.1.i.Bylaw 13436 – To amend Bylaw 11890, as amended, being the Strathcona Area Redevelopment Plan, Whyte Avenue Commercial Area, Strathcona, Ritchie, Queen Alexandra and Garneau 

PURPOSE

To amend the Strathcona Area Redevelopment Plan (ARP). The proposed amendment will create a policy that prohibits new Bars and Neighbourhood Pubs, and Nightclubs in the Whyte Avenue Commercial Area, and prohibits the expansion of existing Bars and Neighbourhood Pubs, and Nightclubs in the Whyte Avenue Commercial Area. In addition, Council also requested that Administration evaluate the effectiveness and merits of the Overlay one-year after implementation and report back to City Council.

L.1.j.Bylaw 13437 - To amend the Zoning Bylaw by creating a Whyte Avenue Commercial Overlay and regulations 

PURPOSE

To create an Overlay that prohibits new Bars and Neighbourhood Pubs, and prohibits the expansion of existing Bars and Neighbourhood Pubs, and Nightclubs. The Overlay implements an associated Area Redevelopment Plan (ARP) policy by describing development regulations and an area of application. The area of application is located in an area identified in the Strathcona ARP as the Whyte Avenue Commercial Area.