Minutes for City Council March 7, 2005 Meeting

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City Council Public Hearing

Meeting Minutes 1 of 16

March 7, 2005, ak

CITY COUNCIL PUBLIC HEARING MINUTES

Monday, March 7, 2005

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:
G. Heaton, Corporate Services Department (Law)
M. Sherk, Corporate Services Department (Law)
J. Wright, Office of the City Clerk

*Participated via telephone

A. CALL TO ORDER AND RELATED BUSINESS

A.1. CALL TO ORDER

Mayor S. Mandel called the meeting to order at 1:36 p.m.

Councillors E. Gibbons, M. Nickel and D. Thiele were absent.

A.2. ADOPTION OF AGENDA

MOVED M. Phair – J. Batty:

That the March 7, 2005, City Council Public Hearing meeting agenda be adopted, with the following replacement pages:

L.1.a. Bylaw 13931 – To amend the Zoning Bylaw from (IH) Heavy Industrial Zone and (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision; located north of 65 Avenue and east of 104 Street, CPR West Ø

Page 12/16 of Bylaw 13931.

L.1.d. Bylaw 13805 – To amend Bylaw 12608, being the Cameron Heights Neighbourhood Area Structure Plan Ø

February 17, 2005, Planning and Development Department report 2004PDP467.

CARRIED

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

ABSENT: E. Gibbons, M. Nickel, D. Thiele.

Councillors M. Nickel and D. Thiele entered the meeting.

A.4. URGENT MATTERS - PROTOCOL ITEMS

A.4.a. Congratulations to University of Alberta Teams and Students
(B. Anderson)

On behalf of City Council, Councillor B. Anderson congratulated the following teams and students:

· Coach Terry Danyluk and the University of Alberta Golden Bears volleyball team for their consistent excellence, and gold medal at the recent Canadian Inter-university Sports (CIS).

· University of Alberta student, Erica Sharp, who captured a CIS record-setting, fifth gold medal at 53 kg’s this past weekend in the CIS Wrestling Championships.

· Don Horwood’s University of Alberta Golden Bears basketball team who won the Canada West Championship, and will be competing in the Nationals.

· Howie Draper’s University of Alberta Pandas hockey team who won the Canada West Championship, and will be competing in the Nationals.

A.5. EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S. Mandel explained the public hearing process.

A.6. CALL FOR PERSONS TO SPEAK

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

L. BYLAWS

C. Gourley, Infrastructure Systems Ltd.; K. B. Blasius, Bryan and Company; J. C. Wren, Staburn Property Group; and C. Deane, Canadian Tire, were in attendance to answer questions in favour of the passing of Bylaw 13931.

Mayor S. Mandel asked if there was any objection to Bylaws 13939 and 13948, and items G.1.a. and G.1.b. being read together. No one objected.

L.1.b. Bylaw 13939 - To Amend Transportation System Bylaw 13423 Ø

L.1.c. Bylaw 13948 - To Repeal Bylaw 9445 which approved an Agreement with the Province for the Proposed Ring Road and Highway Penetrators within the City of Edmonton Ø

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a. City of Edmonton Province of Alberta Highway Penetrator Agreement Ø

G.1.b. Highway Transfer Agreement Ø

D. Kalynchuk, Walton International Group Inc., was in attendance to speak in opposition to the passing of Bylaws 13939 and 13948, and items G.1.a. and G.1.b.

L. BYLAWS

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

C. Gourley, Infrastructure Systems Ltd., answered Council's questions.

MOVED B. Anderson – D. Thiele:

That the public hearing on Bylaw 13931 be closed.

CARRIED

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

ABSENT: E. Gibbons.

MOVED B. Anderson – D. Thiele:

That Bylaw 13931 be read a first time.

CARRIED

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

ABSENT: E. Gibbons.

MOVED B. Anderson – D. Thiele:

That Bylaw 13931 be read a second time.

CARRIED

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

ABSENT: E. Gibbons.

MOVED B. Anderson – D. Thiele:

That Bylaw 13931 be considered for third reading.

CARRIED

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

ABSENT: E. Gibbons.

MOVED B. Anderson – D. Thiele:

That Bylaw 13931 be read a third time. / Distribution List

CARRIED

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

ABSENT: E. Gibbons.

L.1.b. Bylaw 13939 - To Amend Transportation System Bylaw 13423 Ø

L.1.c. Bylaw 13948 - To Repeal Bylaw 9445 which approved an Agreement with the Province for the Proposed Ring Road and Highway Penetrators within the City of Edmonton Ø

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a. City of Edmonton Province of Alberta Highway Penetrator Agreement Ø

G.1.b. Highway Transfer Agreement Ø

R. Millican, General Manager, and B. Latte, Transportation and Streets Department, made presentations. Copies of B. Latte’s presentation were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

D. Kalynchuk, Walton International Group Inc., made a presentation and answered Council's questions.

B. Latte, B. Stephenson and R. Millican, General Manager, Transportation and Streets Department, answered Council's questions.

Mayor S. Mandel vacated the Chair and Deputy Mayor R. Hayter presided. Mayor S. Mandel left the meeting.

B. Stephenson, Transportation and Streets Department; J. Wright, Office of the City Clerk;
M. Sherk, Corporate Services Department (Law); R. Millican, General Manager, and B. Latte, Transportation and Streets Department, answered Council's questions.

MOVED D. Thiele – J. Melnychuk:

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. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel,
M. Phair, L. Sloan, D. Thiele.

ABSENT: S. Mandel; E. Gibbons.

B. Stephenson and R. Millican, General Manager, Transportation and Streets Department, answered Council's questions.

Deputy Mayor R. Hayter asked if there was any new information anyone in attendance wished to address.

D. Kalynchuk, Walton International Group Inc., made a further presentation and answered Council's questions.

R. Millican, General Manager, and B. Latte, Transportation and Streets Department, answered Council's questions.

MOVED B. Anderson – L. Sloan:

That Appendix A of Bylaw 13939 be amended to maintain the proposed 184 Street SW and Ellerslie Road along the existing road alignment in accordance with the Windermere Area Structure Plan.

LOST

FOR THE MOTION: B. Anderson, M. Nickel, L. Sloan.

OPPOSED: J. Batty, T. Cavanagh, R. Hayter, K. Krushell,
K. Leibovici, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: S. Mandel; E. Gibbons.

MOVED T. Cavanagh – D. Thiele:

That the public hearing on Bylaw 13939 be closed.

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

MOVED T. Cavanagh – D. Thiele:

That the public hearing on Bylaw 13948 and items G.1.a. and G.1.b. be closed.

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

MOVED T. Cavanagh – D. Thiele:

That Bylaws 13939 and 13948 be read a first time.

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

MOVED T. Cavanagh – M. Phair:

That Bylaws 13939 and 13948 be read a second time.

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

MOVED T. Cavanagh – M. Phair:

That Bylaws 13939 and 13948 be considered for third reading.

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

MOVED T. Cavanagh – D. Thiele:

That Bylaws 13939 and 13948 be read a third time. / Distribution List

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

MOVED D. Thiele – B. Anderson:

G.1.a. City of Edmonton Province of Alberta Highway Penetrator Agreement Ø

1. That the City of Edmonton enter into the Highway Penetrator Agreement with the Province of Alberta.
2. That the Agreement be acceptable in form to the Corporate Services Department (Law Branch) and in content to the General Manager, Transportation and Streets Department. / Transportation & Streets

G.1.b. Highway Transfer Agreement Ø

1. That the City of Edmonton enter into the Highway Transfer Agreement with the Province of Alberta.
2. That the Agreement be acceptable in form to the Corporate Services Department (Law Branch) and in content to the General Manager, Transportation and Streets Department. / Transportation & Streets

CARRIED

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

ABSENT: S. Mandel; E. Gibbons.

Council recessed at 3:02 p.m.

Council reconvened at 3:50 p.m.

Councillors B. Anderson, J. Melnychuk and D. Thiele were absent.

Councillor E. Gibbons attended via the telephone.

A.5. EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor S. Mandel explained the public hearing process.

A.6. CALL FOR PERSONS TO SPEAK

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

Mayor S. Mandel asked if there was any objection to Bylaws 13831 and 13832 being read together. No one objected.

L. BYLAWS

L.2.a. Bylaw 13831 – To amend Bylaw 10704, as amended, being a bylaw to amend the Boyle Street/McCauley Area Redevelopment Plan Ø

L.2.b. Bylaw 13832 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision; located south of Jasper Avenue and west of 95 Street, Boyle Street Ø

D. Hamilton, GMH Architects, was in attendance to speak in favour of the passing of Bylaws 13831 and 13832.

L.1.d. Bylaw 13805 – To amend Bylaw 12608, being the Cameron Heights Neighbourhood Area Structure Plan Ø

There were no persons present to speak to the passing of Bylaw 13805.

L.1.e. Bylaw 13839 - To amend Bylaw 11648, as amended, being the Central McDougall/Queen Mary Park Area Redevelopment Plan Ø

J. Davis; R. Watkins, Carma Developers Ltd.; L. Rosinski and E. Nelson, Advisory Board on Services for Persons with Disabilities, (to answer questions only) and B. Lindsay (in favour); and
D. Forsythe, Queen Mary Park Community League; D. Hamilton, GMH Architects;
W. Champion, President, Central McDougall Community League; B. Henderson, Edmonton Federation of Community Leagues; D. Peaker, Community Action Coalition; E. van der Poorten; G. Humphrey, Immigrant Neighbourhoods Community Planning Association; J. Andrew, Scheffer Andrew; and B. Biglow (in opposition) were in attendance to speak to the passing of Bylaw 13839.

Councillors B. Anderson, J. Melnychuk and D. Thiele entered the meeting.

L.2.c. Bylaw 13843 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone and (RMH) Mobile Home Zone to (RMH) Mobile Home Zone and (IM) Medium Industrial Zone; located at 231 Street and approximately 109 Avenue, Winterburn Industrial Area West Ø

D. R. Thomas, Fraser Milner Casgrain, (in favour) and W. Taylor (in opposition) were in attendance to speak to the passing of Bylaw 13843.

L.2.a. Bylaw 13831 – To amend Bylaw 10704, as amended, being a bylaw to amend the Boyle Street/McCauley Area Redevelopment Plan Ø

MOVED M. Phair – D. Thiele (Made at the February 15, 2005, City Council Public Hearing meeting):

That Bylaw 13832 – Schedule B be amended as follows:

1. Section 1 - General Purpose - shall be revised by removing the first sentence and replacing it with:

To accommodate a medium rise apartment building with commercial uses permitted on portions of the main floor fronting onto Jasper Avenue and required in other portions of the main floor fronting onto Jasper Avenue.

2. Section 4(b) shall be replaced with the following:

(i) Commercial Uses shall be required on, and restricted to, the main floor area of the building along Jasper Avenue as shown on the Site Plan. This commercial space shall be at grade level with the street.

(ii) Commercial Uses shall be permitted on, and restricted to, the main floor area of the building along Jasper Avenue as shown on the Site Plan. This area of the building shall be designed and constructed for commercial uses. This space may be converted to Apartment Housing but can be converted back to commercial uses at any time.

3. Section 4(d) shall be replaced with the following:

The maximum number of Dwellings shall be 107.