City Council Minutes

August 28, 2007

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

A.CALL TO ORDER AND RELATED BUSINESS

A.1.Call to Order

Mayor S. Mandel called the meeting to order at 9:34 a.m.

Opening Prayer

Archbishop Richard Smith, Roman Catholic Archdiocese of Edmonton,led the assembly in prayer.

A.2.Adoption of Agenda

Moved M. Phair – J. Melnychuk:

That the August 28, 2007, City Council meeting agenda be adopted with the addition of the following items:

E.16.Revisions to City Policy C458A – Percent for Art to Provide and Encourage Art in Public Places

E.18.Non-Profit Community Organizations Exemption – Edmonton Inner City Housing Society

E.19.Activities on Alberta Water Council

E.20.Big Lake Floodline Delineation

P.2.Recycled Water Supply Commercial Agreement

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 – J. Batty:

That thefollowing meeting minutes be adopted:

  • July 17, 2007, City Council
  • July 9, 2007, City Council Public Hearing

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.Protocol Items

Fallen Soldiers (S. Mandel)

With extreme sadness, Mayor S. Mandel recognized the four Edmonton-based soldiers of the 3rd Battalion of the Princess Patricia’s Canadian Light Infantry, who were killed in Afghanistan on July 4.

  • Captain Matthew Johnathan Dawe
  • Corporal Jordan Anderson
  • Corporal Cole Bartsch
  • Private Lane Watkins

We are honoured to welcome family members and loved ones joining us today.

For Captain Dawe: his wife Tara and son Lucas; parents Peter and Reine; brother James and sister-in-law Sommar, brothers Phil, Peter and sister-in-law Sarah Crowe; father-in-law Tim McMunn, and mother-in-law Shannon Hegarty.

For Corporal Jordan Anderson: his wife Amanda;parents James and Sheila; brother Matthew; mother-in-law Teresa and her husband Robert Pelda; father-in-law Tim McGrath; brothers-in-law Adam and Andrew McGrath; and guests Carole and David Gubbels, and Francis Gagnon.

For Corporal Cole Bartsch: his parents, Dennis and Juanita; and aunt, Cindy.

For Private Lane Watkins: his parents, Charles and Wanda;brotherLeigh; childhood friend Kara Krahn; and guest Andrew Watkins.

We are also joined by family members of Corporal Stephen Bouzane, also of the 3rd Battalion, who passed away on June 20: parents Fred and Moureen; sister Kelly; and uncle and aunt, George and Madonna Evans.

On behalf of City Council and the City of Edmonton, Mayor S. Mandel offered deepest sympathies to the families for their loss.

A moment of silence followed a reading from the Act of Remembrance.

Don Manderscheid (S. Mandel)

On behalf of City Council, Mayor S. Mandel recognized and congratulated Don Manderscheid for having been awarded the John Tait Award of Excellence from the Canadian Bar Association.

Established in 1998, the John Tait Award recognizes the accomplishments of public sector lawyers in Canada who have achieved the highest standards of professional conduct and competence, and made significant contributions to social justice or community affairs, and who exemplify pre-eminent public service.

Mayor S. Mandel presented the award to Mr. Manderscheid.

B.PROCEDURAL MATTERS

B.1.Items Selected for Debate and Vote on Remaining Items

Council selected the following items for debate: E.2., E.3., E.6., E.7., E.11., E.16., P.1. and P.2.

Moved T. Cavanagh – R. Hayter:

D.STATUS OFREPORTS

D.1.Panhandling (S. Mandel)

That the revised due date of November 13, 2007, be approved. / Planning & Dev.
Due: Nov. 13/07

D.2.Feasibility and Costs of Burying Overhead Lines

That the revised due date of November 13, 2007, be approved. / Planning & Dev.
Due: Nov. 13/07

D.3.Methods and Strategies – Competitiveness of Industrial Land

That the revised due date of November 13, 2007, be approved. / Planning & Dev.
Due: Nov. 13/07

E.REPORTS

E.1.Social Enterprise Fund - 2007 Financing Source

That $1.8 million be allocated to the Social Enterprise Fund in 2007, as outlined in the July 30, 2007, Corporate Services Department report 2007COF063, from the following sources:
  1. $1,745,036 from the remaining 2007 EdTel special dividend
  2. $54,964 from Council Contingency
/ Corporate Svcs.

E.4.Bylaw Consolidation Phase 2 - Public Places and Community Standards

  1. That Administration prepare Bylaws for Council’s consideration implementing the legislative enhancements recommended in Attachment 3 of the July 31, 2007, Planning and Development Department report 2007PDD026.
  2. That the enforcement criteria be changed from reactive to more proactive enforcement, as outlined in Attachment 4 of the July 31, 2007, Planning and Development Department report 2007PDD026 (Service Delivery).
  3. That bylaw support programs be developed as identified in Attachment 5 of the July 31, 2007, Planning and Development Department report 2007PDD026 (Programs).
  4. That Administration refine the communication and education strategy to reflect the direction given in parts 2and3 of the motion.
  5. That Administration prepare a report for fall 2007, outlining options as to how the service delivery changes included in part2of the motion and the program and communication elements included in Attachments 3 and 4 of the July 31, 2007, Planning and Development Department report 2007PDD026 can be funded.
/ Planning & Dev.
Due:To be
Determined
Part 5
Due: Nov. 27/07

E.5.Edmonton Arts Council – 2007 Community Investment Program Travel Grant Recommendations

That the Community Investment Travel Program Grant recommendations, as outlined in Attachment 1 of the August 7, 2007, Edmonton Arts Council report 2007EAC008, be approved. / EAC

E.8.Alberta Aviation Museum Association Update

  1. That Administration bring forward a report for the 2008 budget deliberations regarding Alberta Aviation Museum Association’s request for $125,000.
  1. That the Mayor, on behalf of City Council, send a letter to the Provincial and Federal Governments, advocating their financial support of the Alberta Aviation Museum Association and Edmonton Aviation Heritage Society business plan.
/ Community Svcs.
Corporate Svcs.
CBP
Due: Dec. 3/07
Mayor

E.9.Westmount Fitness Club

That $56,765 be provided to the Westmount Fitness Centre for roof repairs (source of funds: 2007 Council Contingency). / Community Svcs.

E.10.Combative Sports Commission - Report, Audited Financial Statements, and Request for Funds for Consultant

That $90,000 be allocated from Council Contingency to provide for a consultant to assist the Combative Sports Commission in addressing the recommendations of the Boxing and Wrestling Commission Governance Audit and implementation of Bylaw14308. / City Manager
Combative Sports Commission

E.12.Notice of Intention to Designate - The John T. Ross Residence as a Municipal Historic Resource

  1. That a Notice of Intention to Designate a Municipal Historic Resource, as outlined in Attachment 1of the May 25, 2007, Planning and Development Department report 2007PDP130, be served to the owner of the property occupied by the John T. Ross Residence located at 9749111Street, in accordance with Section26 of the Historical Resources Act.
  2. That the funding of $1 for this project be provided from the Heritage Reserve Fund.
/ Planning & Dev.
E12. cont.

E.13.Notice of Intention to Designate - The JohnL.Lang Apartments, the Dame Eliza Chenier Residences, and the Lester Allyn House as Municipal Historic Resources

  1. That Notices of Intention to Designate Municipal Historic Resources, as outlined in Attachment 1 of the June 18, 2007, Planning and Development Department report 2007PDP136,be served to the owner of the three properties occupied by the JohnL.Lang Apartments located at 9908/9910/9912/9914 - 112 Street, the Dame Eliza Chenier Residences located at 9926/9928 – 112 Street, and the Lester Allyn House located at 9930/9932 – 112 Street, in accordance with Section26 of the Historical Resources Act.
  2. That the funding of $1 for this project be provided from the Heritage Reserve Fund.
/ Planning & Dev.

E.14.Notice of Intention to Designate - The Ingebert Olson Residence as a Municipal Historic Resource

  1. That a Notice of Intention to Designate a Municipal Historic Resource, as outlined in Attachment1of the July 27, 2007, Planning and Development Department report 2007PDP141, be served to the owner of the property occupied by the Ingebert Olson Residence, located at 7701 - 112 Avenue South, in accordance with Section26 of the AlbertaHistorical Resources Act.
  2. That funding of $25,000 for this restoration project be provided from the Heritage Reserve Fund.
/ Planning & Dev.

E.15.The Quarters Community Revitalization Levy Area - Request to Designate The Quarters (Downtown East Project Area) as a Community Revitalization Levy Area

That Administration apply to the Provincial Government requesting designation of The Quarters (Downtown East project area) as a Community Revitalization Levy Area. / Planning & Dev.

E.17.Restrictive Covenant – Highlands Neighbourhood

That the Mayor, on behalf of City Council, write a letter to the Province asking for a ten-year limit to be placed on restrictive covenants for properties such as the former Safeway site on the south side of 118 Avenue between 66 and 67 streets, and that, after ten years of the initiating owner vacating the premises, the restrictive covenant be removed. / Mayor
Planning & Dev.

E.18.Non-Profit Community Organizations Exemption – Edmonton Inner City Housing Society

  1. That the municipal portion of taxes on Tax Roll 10030681 (11223- 87 Street) for 2006 and 2007 tax years and on Tax Roll 10030259 (11905 – 77 Street) for 2007 tax year be refunded under the authority of section 347(1)(b) of the Municipal Government Act, R.S.A. 2000, c.M-26 (MGA).
  2. That Administration develop, for City Council’s consideration, criteria for establishing which organizations would be eligible for a property tax exemption in 2008 and address the financial impact of granting tax exempt status to these organizations.
  3. That the Mayor, on behalf of City Council, request the Minister of Alberta Municipal Affairs and Housing consider additional municipal grants to offset property tax exemption for non-profit housing operations and/or provide local jurisdictions with the ability to exempt non-profit housing entities from both municipal and provincial education taxes and explore other options.
/ Planning & Dev.
Mayor

E.19.Activities onAlberta Water Council

  1. That the Water for Life – Strategy Renewal Questionnaire (Attachment 2 of the August 16, 2007, Office of the City Manager report 2007CMO058) be approved as the submission of the City of Edmonton to the Alberta Water Council for the Water for Life Strategy Renewal Engagement.
  2. That the Mayor, on behalf of City Council, write a letter to the Alberta Water Council in support of the City of Edmonton’s submission.
/ AMPW
Mayor

E.20.Big Lake Floodline Delineation

That the elevation of 654.18 metres as the 1:100 year floodline for Big Lake be approved, and guiding principles for land use in the flood plain be developed. / AMPW

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.FIRSTREADING BYLAWS

F.1.Bylaw 14658 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Asphalt Alley Paving, Existing Gravel Local Improvement

Moved J. Melnychuk – D. Thiele:

That Bylaw 14658 be read a first time. / Corporate Svcs.

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. Batty – M. Nickel:

That Bylaw 14658 and the July 30, 2007, Corporate Services Department report 2007COF066 be referred to the September 4, 2007, Transportation and Public Works Committee meeting, time specific at 1:30 p.m., and that the Committee hear from P. Elcombe and B. Beckford. / Transportation
Corporate Svcs.
TPW Committee
Due:Sep. 4/07
1:30 p.m.

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.2.Bylaw 14659 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Concrete Curb Crossing Local Improvement

F.3.Bylaw 14709 - The Ed Tel Endowment Fund Bylaw Amendment No. 2

F.4.Bylaw 14670 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Asphalt Alley Paving, Existing Gravel Local Improvement

F.5.Bylaw 14660 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Water Main, and Sanitary Sewer Lateral and Service Construction Local Improvement on 118A Avenue and West of 184 Street

F.6.Bylaw 14710 - A Bylaw to amend Bylaw 14024, Transportation and Streets project, South LRT (Health Sciences – Heritage)

Moved B. Anderson – M. Nickel:

That Bylaws 14659, 14709 and 14670 be read a first time. / Corporate Svcs.

That Bylaws 14660 and 14710 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 – M. Nickel:

That Bylaws 14660 and 14710 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 – M. Nickel:

That Bylaws 14660 and 14710 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 – M. Nickel:

That Bylaws 14660 and 14710be 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.

G.SECOND AND THIRD READING BYLAWS

G.1.Bylaw 14474 - A Bylaw to authorize the City of Edmonton to undertake, remediate, and finance Strathcona Shooting Range – Lead Remediation

Moved B. Anderson – J. Melnychuk:

That Bylaw 14474 be read a second time.

Carried

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

Opposed:R. Hayter.

Moved B. Anderson – M. Nickel:

That Bylaw14474 be read a third time. / Distribution List

Carried

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

Opposed:R. Hayter.

B.PROCEDURAL MATTERS

B.2.Time Specifics and Decision to Hear

Moved M. Phair – D. Thiele:

That Council hear from the following delegation:

E.2.23 Avenue/Gateway Interchange

Brian Denness

Lost

For the Motion: B. Anderson, D. Thiele.

Opposed:S.Mandel; J.Batty, T.Cavanagh,E.Gibbons,
R.Hayter, K.Krushell, K.Leibovici,J.Melnychuk,
M.Nickel, M.Phair, L.Sloan.

C.ADMINISTRATIVE INQUIRIES

C.1.Interpretation of City Policy C200A, Financing of Local Improvements(K. Leibovici/L. Sloan)

With respect to the interpretation and application of City Policy C200A, Financing of Local Improvements, we would appreciate receiving the following information at Executive Committee:
  1. How many properties currently zoned rural residential exist within the city and require hook-up to City sewage and water services?
  2. What is the interpretation of the policy’s application to properties situated specifically on Donsdale Crescent (please provide the planning history for these properties and the subdivision developments in close proximity to the properties)?
  3. Is this area considered to be a “developed residential subdivision or new residential subdivision” as per sections 1.04 and 1.07 of the policy? If the answer to either is affirmative, please provide justification for this interpretation.
  4. What considerations must be made by Council in contemplating the provision of sewage and water services to these properties? Does Administration have an estimate of what these services would cost?
  5. Have the property owners expressed their position with respect to proceeding with hook-up given the preliminary cost estimates?
  6. Does Administration recommend an amendment to Policy C200A or the creation of a new policy to address the provision of services to other rural residential properties?
/ Planning & Dev.
Corporate Svcs.
Exec. Committee
Due: Nov. 7/07

C.2. Participatory Democracy (K. Leibovici)

That Administration provide a report to the Executive Committee that:
  1. Describes participatory democracy.
  2. Explains how participatory democracy relates to the objectives of the City of Edmonton Public Involvement Policy.
  3. Details what potential opportunities there are to engage in participatory democracy.
/ Corporate Svcs.
Exec. Committee
Due: Nov. 7/07

C.3. Extension of Transit Service Hours (J. Batty/K. Leibovici)

That Administration provide a report to Transportation and Public Works Committee regarding the extension of hours for transit service to and from Hospitality and Employment Centres to meet the requirement of workplace hours of operation and closing times of the hospitality industry. The report should include information on the hours of operations of St. Albert and Strathcona County transit. / Transportation
TPW Committee
Due: Nov. 6/07

E.REPORTS

E.2.23 Avenue/Gateway Interchange

Moved B. Anderson – D. Thiele:

1.That the capital budget for the construction of the 23 Avenue Interchange, Project 06-66-1482, be increased by $130,000,000.

2.That funding for Project 06-66-1482 be from either:

  1. The Provincial Government and that Mayor S. Mandel, on behalf of City Council, meet with Provincial representatives to negotiate additional funding for this project, or
  2. If additional funding is not made available from the Province, then the Provincial Fuel Tax funding currently identified for Capital Project 03-66-1461, Whitemud Drive/Terwillegar Drive – Stage 1, as outlined in Attachment 1 and 2 of the August 21, 2007, Transportation Department report 2007TD9482.

3.That, if funding from Capital Project 03-66-1461 is used, that Administration prepare a report on the potential funding sources for funding Capital Project 03-66-1461, Whitemud Drive/Terwillegar Drive - Stage 1 and that this report return to City Council at the same time as the report on the future allocations of the Municipal Sustainability Initiative funding.

A. B. Maurer, City Manager, made a presentation and answered Council's questions. D. H. Edey, City Clerk; R. Rosychuk, Corporate Services Department; M. Koziol and R. Boutilier, General Manager, Transportation Department; P. Tarnawsky, General Manager, Corporate Business Planning Department; B. Latte, Transportation Department; and D. Piecowye, Corporate Services Department (Law), answered Council's questions.

Mayor S. Mandel vacated the Chair and Deputy Mayor L. Sloan presided.

Moved S. Mandel – K. Leibovici:

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,
J.Melnychuk, M.Nickel, M.Phair, L.Sloan,
D.Thiele.

Deputy Mayor L. Sloan vacated the Chair and Mayor S. Mandel presided.