______

City Council

Meeting Minutes1 of 20

October 31, 2006, mj, ak

CITY COUNCIL MINUTES

Tuesday, October 31, 2006

PRESENT:S. Mandel; B. Anderson, J. Batty, T. Cavanagh, E. Gibbons, R. Hayter,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

ALSO IN ATTENDANCE:

A. B.Maurer, City Manager

D. H. Edey, City Clerk

S.Labonne, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Mayor S.Mandel called the meeting to order at 9:32 a.m.

OPENING PRAYER

AishaKhatib, Founding Member of the Al-IkhwanYouth Club (an Islamic Youth Group.

A.2.ADOPTION OF AGENDA

MOVED M.Phair– J.Melnychuk:

That the October 31, 2006, City Council meeting agenda be adopted with the addition of the following:

G.1.b.Homelessness – Winter Emergency Response Plan

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

A.3.ADOPTION OF MINUTES

MOVED T.Cavanagh – R.Hayter:

That the following meeting minutes be adopted:

  • October 18, 2007, City Council
  • October 17, 2007, City Council

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.a.Seniors Association of Greater Edmonton (SAGE) Award to Councillor T.Cavanagh (M. Nickel)

On behalf of Council, Councillor M. Nickel acknowledged the honour recently bestowed upon Councillor TerryCavanagh by the Seniors Association of Greater Edmonton. Councillor T.Cavanagh was awarded an inaugural SAGE Award for Public Service.

A.4.b.Government Finance Officers Association Award (S.Mandel)

The City of Edmonton recently received the Government Finance Officers Association of the United States and Canada Distinguished Budget Presentation Award. The award is given for budgets that meet the highest standards of quality. The City of Edmonton is one of only three Alberta municipalities to win this award.

On behalf of Council, Mayor S.Mandel recognized the following Budget team members:

  • G.Kliparchuk, Director of Financial Strategy and Budget Planning
  • RobertaMalysh, Capital Budget Coordinator
  • KathyChan, Operating Budget Coordinator
  • PeterTarnawsky, General Manager, Corporate Business Planning Department

A.4.c.Procurement Award (S.Mandel)

Corporate Services Department was recently presented the Eleventh Annual Excellent in Procurement Award from the National Purchasing Institute, which recognizes excellence in our purchasing practices. This is the seventh consecutive year that the City has been presented with this award, and we are the only Canadian city to receive it.

On behalf of Council, Mayor S.Mandel presented the award to J. Tustian, General Manager, Corporate Services Department; R. Rosychuk, Finance Branch Manager; and Gerry Goodall, Director of Materials Management.

B.PROCEDURAL MATTERS

B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

Council exempted the following items for debate: F.1.a., F.1.b., F.1.c., F.1.d., G.1.a., G.1.b. and in-private items E.1.d. and I.1.a.

MOVED T.Cavanagh – J. Batty:

D.3.STATUS OF REPORTS

D.3.a.Criteria for the Approval of Non-Routine Adjustments to Water Rates

That the revised due date of November 28, 2006, be approved. / Corporate Svcs.
Due: Nov. 28, 2006

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.2007 Council and Committee Meeting Schedule 

  1. That the meeting schedule outlined in Attachment 1 of the September 1, 2006, Office of the City Manager report 2006CMC078rev (from January 1, 2007, to October 23, 2007), be approved.
  2. That the meeting schedule for the balance of 2007 (October 24, 2007, to December 31, 2007), as outlined in Attachment 1 of the September 1, 2006, Office of the City Manager report 2006CMC078rev, be received for information.
/ City Manager

E.1.b.2007 Budget Process – Additional Dates 

  1. That the November 20, 2006, Community Services Committee meeting be rescheduled to 1:30 p.m. to 5:30 p.m., River Valley Room.
  1. That the November 21, 2006, Transportation and Public Works Committee meeting be rescheduled to 1:30 p.m. to 5:30 p.m., River Valley Room.
  2. That City Council schedule a meeting for the purpose of questions and answers related to the proposed 2007 Budget on:
  1. Friday, November 17, 2006, from 8:30 a.m. to 3:30 p.m.
  2. Monday, November 20, 2006, from 8:30 a.m. to 12 noon.
  3. Tuesday, November 21, 2006, from 8:30 a.m. to 12 noon.
  1. That the following procedures be followed for the November 17, 20 and 21, 2006, meetings:
  1. Section 54(1) of the Procedures and Committees Bylaw 12300 be suspended to allow for Councillors to ask questions on the proposed budget without a Motion on the Floor.
  2. That the schedule contained in Attachment 1 of the October 20, 2006, Office of the City Manager report 2006CMC087rev be approved.
  3. That City Council provide written questions relating to the proposed 2007 Budget to the Office of the City Clerk by no later than 4:30 p.m. on November 22, 2006.
/ City Manager
E.1.b. cont.
Part 5
Due: Nov. 22, 2006

E.1.c.Government Finance Officers Association – Distinguished Budget Presentation Award 

That the October 17, 2006, Corporate Business Planning Department report 2006CBP024 be received for information. / CBP

E.1.e.Advisory Board on Services for Persons with Disabilities: Mayor’s Award for Self Advocacy 

1.That the Mayor’s Award for Self Advocacy, as outlined in the May 28, 2006, Advisory Board on Services for Persons With Disabilities report 2006CAPD02, be approved.
2.That the Mayor’s Award for Self Advocacy be renamed the Ewen Nelson Award for Self Advocacy. / Advisory Board on Services for Persons with Disabilities

E.1.f.Review of City Policy C472E, Appointment Process to Certain Key Boards 

That the October 4, 2006, Office of the City Manager report 2006CMC052 be received for information. / City Manager

CARRIED

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

B.2.TIME SPECIFICS AND DECISION TO HEAR

MOVED M.Phair – L.Sloan:

That the following items be made time specific:

First item

at 9:30 a.m.F.1.d.Budget Adjustment Request (Whyte Avenue Overtime Costs)

Budget Adjustment 2006 – Edmonton Police Service

11:30 a.m.G.1.b.Homelessness – Winter Emergency Response Plan

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

B.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE

L.BYLAWS

L.1.a.Bylaw 14394 - Waste Management Bylaw 13777 Amendment No. 2 – Private Waste Bins 

MOVED B.Anderson – M. Nickel:

That Bylaw 14394 be read a first time.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – L.Sloan:

That Bylaw 14394 be read a second time.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – L.Sloan:

That Bylaw 14394 be considered for third reading.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED B.Anderson – L.Sloan:

That Bylaw 14394 be read a third time. / Distribution List

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

I.OTHER COMMITTEE REPORTS

I.1.a.City Manager and City Auditor Performance Review Process 2006 and 2007

MOVED K.Leibovici – D. Thiele:

That I.l.a. be dealt with now.

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

MOVED J.Melnychuk – J. Batty:

1.That the City Manager Performance Review Process 2006 and 2007, as outlined in Attachment 1 of the October 18, 2006, City Manager and City Auditor Performance Evaluation Committee report CR-01, be approved.
2.That the City Auditor Performance Review Process 2006 and 2007,as outlined in Attachment 2 of the October 18, 2006, City Manager and City Auditor Performance Evaluation Committee report CR-01, be approved.
3.That the October 18, 2006, City Manager and City Auditor Performance Evaluation Committee report CR-01 remain in private pursuant to sections 17 and 26 of the Freedom of Information and Protection of Privacy Act. / City Manager and City Auditor Performance Evaluation Committee

CARRIED

FOR THE MOTION: S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Municipal Taxes (M.Phair)

“I would like the following information from Administration:
  1. What kinds of municipal tax increases in percentage and dollars have there been for 2005, 2006 and projected for 2007 between Edmonton and other major communities in Alberta including Calgary? (Please include similar situation or net tax increase as is possible; for example, the recreation fee for St.Alberta residents.)
2.Over the last three or four years and projection for 2007, what amounts have been borrowed that is tax-supported debt for Calgary and Edmonton?
3.In reviewing the increase in wages averaged for Albertans, what are the current and projected figures for 2006? If applied to wages of $40,000, $60,000 and $80,000, what would be the increase in dollars? Is it possible to estimate how much of these increases would be paid as income tax to the provincial and federal governments?
I would like this to return to Council prior to the Budget meetings.” / CBP
Due: Nov. 28, 2006
D.1.a. cont.

D.1.b.Affordable Housing (M. Nickel)

“1.Please define affordable housing – please provide a clear definition.
2.What is the size of the affordable housing problem in Edmonton?
a.What is the need in terms of number of people?
b.What is the description of this population?
c.How many units will be required to meet this need and of what build type?
3.Who identified these estimates and how were these estimates arrived at?
4.Who is presently mandated to provide affordable housing in the city of Edmonton?
5.How many have been housed by these organizations?
6.What type of units have these organizations built (in terms of build form) to provide housing affordability?
7.How much funding has been provided to these organizations by the city over the last ten years (please provide this information on a yearly basis by organization)?
8.Please describe eligibility criteria for applicants for the above those programs that are already being provided by organizations and funded by the City.
9.There has been much talk about 5% of units to be dedicated - has this number been cross-referenced with the need?
10.If so, would it be short or oversupplied if this was implemented?” / AMPW
TPW Committee
Due: Jan. 9, 2007

D.1.c.Zoning Bylaw (B.Anderson)

“I would like Planning and Development Department to look into the following issues and provide either: reasons why changes should not be made, or suggestions for amendments to the zoning bylaw that would reduce the identified difficulties.
  1. The inadequacy of some of the regulations in Section 814 to address the General Objectives of the Mature Neighbourhood Overlay.
The stated purpose of the Mature Neighbourhood Overlay (MNO) is to “ensure that new low density development … is sensitive in scale to existing development …” Unfortunately, none of the ensuing regulations provide any measures to address the issue of scale. A development that meets the yard requirements of the MNO is routinely approved even though it may be totally out of scale with its neighbours.
Section 814.3.1 uses the concept of averaging the block face to establish required front yards and allows a maximum variance of
1 metre from that average. The same concept could be applied to height and site coverage to ensure some consistency regarding scale.
  1. The height restriction on accessory buildings in residential zones.
There are a growing number of appeals related to the 3.7 metre and single-storey height restriction on accessory buildings in residential zones. All of these appeals come to the Subdivision and Appeal Board (SDAB) because Development Officers are prevented from varying height under Section 11.4.2.
The SDAB grants quite a number of appeals, particularly in mature neighbourhoods, because of the lack of storage in smaller-scale, older homes. We see it as preferable to allow over-sized garages at the rear of properties that do not impact the streetscape in older areas.
Accordingly, the City may want to consider increasing the height restriction on residential accessory buildings.
  1. The lack of an appropriate Use Class to cover multi-bay, single-entrance, self-serve car washes.
The closest use class recognized in the Edmonton Zoning Bylaw is Rapid Drive-through Vehicle Service, which is a discretionary use in several commercial zones. Unfortunately, Section 72.2.5 (c) imposes queuing space requirements that are totally inappropriate for multi-bay, single-entrance, self-serve car wash developments.
  1. The classification of decks as balconies to permit encroachment into required rear yards.
The SDAB encounters cases in which Development Officers approve decks higher than 1 metre above grade to cantilever up to 2 metres into required rear yards. The rationale for this appears to be that, under Section 44.3, such encroachment is permitted for balconies. In the Board’s view, balconies and portions of decks are not analogous structures and this practice misleads affected parties as to the full amount of variances being sought. Any variance granted to a deck should, in the Board’s view, include the full amount of any encroachment into a required rear yard.
  1. Development Officer attendance at SDAB hearings.
The attendance of a Development Officer at SDAB hearings can provide answers to questions that would avoid postponing items. In many jurisdictions Development Officers regularly attend. This is not the case in Edmonton.
Prior to finalizing the response to this inquiry, could you check with the Chair of the SDAB and the City Clerk to ensure that any other issues that could be addressed in this response are not missed.
The response should return to Executive Committee.” / Planning & Dev.
Exec. Committee
Due:Jan. 10, 2007
D.1.c. cont.
Planning & Dev.
Exec. Committee
Due:Jan. 10, 2007
City Manager

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.d.Budget Adjustment Request (Whyte Avenue Overtime Costs) 

Budget Adjustment 2006 – Edmonton Police Service 

MOVED K.Krushell – L.Sloan:

  1. That a one-time budget adjustment of $2.1 million be approved to cover the costs of increased enforcement on Whyte Avenue during the Edmonton Oilers Stanley Cup playoffs.
  2. That the following offsetting budget adjustments for $2.1 million be made by:
  • Funding $1.3 million from the Financial Stabilization Fund.
  • IncreasingTraffic Safety Act (TSA) revenues by $0.8 million within the Edmonton Police Service budget, with any excess TSA revenues to flow to Corporate Programs - Revenue.

A. B.Maurer, City Manager, answered Council's questions.

B.Gibson, Chair, Edmonton Police Commission, answered Council's questions.

L.Cochrane, General Manager, Community Services Department; R.Rosychuk, Corporate Services Department; and D. H. Edey, City Clerk, answered Council's questions.

MOVED T.Cavanagh – M.Phair:

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

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
M. Phair, L. Sloan, D. Thiele.

ABSENT:J.Melnychuk, M. Nickel.

B.Gibson, Chair, Edmonton Police Commission, answered Council's questions.

MOTION ON ITEM F.1.d., put:

1.That a one-time budget adjustment of $2.1 million be approved to cover the costs of increased enforcement on Whyte Avenue during the Edmonton Oilers Stanley Cup playoffs.
2.That the following offsetting budget adjustments for $2.1 million be made by:
  • Funding $1.3 million from the Financial Stabilization Fund.
  • IncreasingTraffic Safety Act (TSA) revenues by $0.8 million within the Edmonton Police Service budget, with any excess TSA revenues to flow to Corporate Programs - Revenue.
/ Corporate Svcs.
CBP
Police Commission

CARRIED

FOR THE MOTION: S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.a.Access to Recreation Strategy – Progress Report 

MOVED K.Krushell – T.Cavanagh:

That the October 4, 2006, Community Services Department report 2006CSR020 be received for information. / Community Svcs.

L.Cochrane, General Manager, R.Smyth and R.Flores, Community Services Department, answered Council's questions.

CARRIED

FOR THE MOTION: S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
J. Melnychuk, M. Nickel, M. Phair, L. Sloan,
D. Thiele.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.d.Welcome to Students from VelmaE.BakerSchool (S.Mandel)

On behalf of Council, Mayor S.Mandel welcomed students from VelmaE.BakerSchool and their teacher MadameDevereux.

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.b.Policy Governing the Appointment of Minors to Civic Agencies 

MOVED K.Krushell – J.Melnychuk:

That Policy C475A, Civic Agencies Appointments (Attachment 1 of the October10, 2006, Office of the City Manager report 2006CMC054), be adopted.

AMENDMENT MOVED L.Sloan – D. Thiele:

That the following be added at the end of part 17 of Attachment 1 of the October10, 2006, Office of the City Manager report 2006CMC054:

“and must provide all members with appropriate education programs.”

D. H. Edey, City Clerk, answered Council's questions.

CARRIED

FOR THE AMENDMENT:S. Mandel; J. Batty, E. Gibbons, R. Hayter,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel,
M. Phair, L. Sloan, D. Thiele.

ABSENT:B.Anderson, T.Cavanagh.

AMENDMENT MOVED K.Leibovici – D. Thiele:

That the following be deleted in part 17 of Attachment 1 of the October10, 2006, Office of the City Manager report 2006CMC054:

“(including, but not limited to, supervision and restricting one-on-one contact between members).”

V.Gunderson, Office of the City Clerk, D. H. Edey, City Clerk, and J.Mason, Office of the City Clerk, answered Council's questions.

CARRIED

FOR THE AMENDMENT:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
R. Hayter, K. Krushell, K. Leibovici, M. Nickel,
L. Sloan, D. Thiele.

OPPOSED:E.Gibbons,J.Melnychuk,M.Phair,

AMENDMENT MOVED M.Phair – J.Melnychuk:

That the following part 18 be inserted into Attachment 1 of the October10, 2006, Office of the City Manager report 2006CMC054 (and the following parts renumbered):

“All City agencies with minors appointed provide information to the Office of the City Clerk regardingtheir procedures for supervising youth and adult members, including contact on a one-to-one basis.”

D. H. Edey, City Clerk, answered Council's questions.

CARRIED

FOR THE AMENDMENT:S. Mandel; J. Batty, E. Gibbons, K. Krushell,
J. Melnychuk, M. Phair, L. Sloan, D. Thiele.

OPPOSED:B.Anderson,T.Cavanagh,R.Hayter,K.Leibovici,

ABSENT:M. Nickel.

MOTION, AS AMENDED, ON ITEM F.1.b., put:

That Policy C475A, Civic Agencies Appointments (Attachment 1, as amended, of the October10, 2006, Office of the City Manager report 2006CMC054), be adopted. / City Manager

CARRIED