Minutes for City Council March 9, 2004 Meeting

Minutes for City Council March 9, 2004 Meeting

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City Council

Meeting Minutes1 of 25

March 9, 2004, mj, sv

CITY COUNCIL MINUTES

Tuesday, March 9, 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
D. H. Edey, City Clerk

*Participated via telephone

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Mayor B. Smith called the meeting to order at 9:32 a.m.

Councillors M. Phair and D. Thiele were absent.

OPENING PRAYER

Mr. Shaukat Moloo, Islamic Shia Association of Edmonton, led the assembly in prayer.

A.2.ADOPTION OF AGENDA

MOVED T. Cavanagh – J. Melnychuk:

  1. That the March 9, 2004, City Council meeting agenda be adopted.

2.That in accordance with section 13.1 of Bylaw 12294, City Council suspend section 12 of Bylaw 12294 and adopt the following procedures to hear from the speakers on the following items:

E.1.b. - Bylaw 13636 - The Waterworks Bylaw

L.2.a. - Review of The Waterworks Bylaw

1.To begin the hearing, EPCOR will introduce the matter.

2.Administration will present its report and provide to Council a summary of any written submissions filed with the City Manager by interested parties.

3.The City Clerk will ask if anyone is present to speak to the proposed bylaw.

4.Council will then hear from individuals wishing to speak to the reports.

5.Speakers will be grouped in panels of up to 12 presenters.

6.Each speaker will have up to five minutes to make his or her presentation.

7.After all speakers within a panel have spoken, Members of Council will have one round of questions of the group of presenters.

8.Members of Council may then ask questions of EPCOR and Administration.

9.Council may make any necessary amendments to the bylaw.

10.Any Councillor may then move the hearing on the proposed bylaw be closed.

11.After the close of the hearing, Council may debate the proposed bylaw and may pass or defeat the bylaw without further advertisement or hearing.

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.

ABSENT:M. Phair, D. Thiele.

A.3.ADOPTION OF MINUTES

MOVED J. Melnychuk – R. Hayter:

That the following meeting minutes be adopted:

  • February 23, 2004, Special City Council
  • February 24, 2004, City Council
  • March 1, 2004, City Council Public Hearing

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.

ABSENT:M. Phair, D. Thiele.

A.4.URGENT MATTERS - PROTOCOL ITEMS

Councillor D. Thiele entered the meeting.

A.4.a.International Women’s Day (K. Leibovici)

On behalf of City Council, K. Leibovici recognized International Women’s Day, celebrated annually on March 8. Many local organizations held events over the weekend, including the Latin American Women’s Association, the Indo-Canadian Women’s Business Association, the Russian Women’s Business Association, University Associations, various Labour groups, various political organizations, as well as the Edmonton International Women’s Day Committee.

A.4.b.Edmonton Police Association Blues Hockey Team Win (K. Leibovici)

On behalf of City Council, K. Leibovici congratulated the Edmonton Police (EPA) Association Blues Hockey team upon their win at the 30th Anniversary of the Western Canadian Police Hockey Championships in Regina, Saskatchewan. In keeping with Edmonton’s “City of Champions” theme, the EPA Blues Hockey team reclaimed the cup by beating Winnipeg 3-1 in the final game.

A.4.c.Vagina Monologues (S. Mandel)

On behalf of City Council, Councillor S. Mandel congratulated Councillor
K. Leibovici upon her recent participation in the Vagina Monologues during the International Women’s Day celebrations.

A.4.d.Former Councillor Tooker Gomberg (B. Smith)

On behalf of City Council, Mayor B. Smith paid tribute to former Councillor Tooker Gomberg, on reports of his recent disappearance and presumed passing. Tooker will always be remembered for his devotion to environmental issues, his ability to capture the attention of the public and the media, and his unwavering commitment to his principles and in doing what he believed was right.

A.4.e.Synchronized Skating Championships (J. Batty)

On behalf of City Council, Councillor J. Batty congratulated the Ice Edition, Festival Adult team of the Edmonton Synchronized Skating Club in bringing the national title home to Edmonton. Ice Edition took the gold at the Canadian Synchronized Skating Championships in Brandon, Manitoba, this past weekend.

B.PROCEDURAL MATTERS

B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED T. Cavanagh – L. Langley:

That items D.2.a., E.1.a., E.1.b., E.1.c., E.1.d., E.1.e., F.1.c. and H.1.a. be exempted for debate; and

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.3.STATUS OF REPORTS

D.3.a.Residential/Commercial Intensification Along the Existing LRT Corridor

That the revised due date of April 27, 2004, be approved. / Planning & Dev.
Due: Apr. 27, 2004

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.f.Notice of Intention to Designate the Jasper Block located at 10514/20 Jasper Avenue as a Municipal Historic Resource

1.That the City Clerk issue a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the January 22, 2004, Planning and Development Department report 2004PDP017) to the owner of the property occupied by Jasper Block, located at 10514/20 Jasper Avenue in accordance with Section 26 of the Historical Resources Act.
2.That the General Manager of the Planning and Development Department be appointed to implement matters arising from the issuance of the Notice of Intention to Designate JasperBlock.
3.That funding of $150,000 for this project be provided from the Heritage Reserve Fund. / Planning & Dev.
City Manager

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.a.Community Partnership Enhancement Fund

1.That approval be granted to apply to the Alberta Minister of Children’s Services for the Community Partnership Enhancement Fund in an amount exceeding $250,000 per year for three years ($399,000 in 2004).
  1. That an increase of $399,000 in the Community Services Social Recreation and Cultural Services Program 2004 Operating Budget to support this partnership be approved (Source of Funding: Alberta Children’s Services).
  2. That approval be granted to enter into any agreements, approvals, acknowledgements and consents for the Community Partnership Enhancement Fund.
  3. That approval be granted to enter into further agreements and consents relating to the disbursement by the City of the Community Partnership Enhancement Fund.
  4. That the agreements be acceptable in form to Corporate Services Department (Law Branch) and in content to the General Manager of Community Services Department.
/ Community Svcs.

F.1.b.Golf Courses – 2004 Market Adjusted Green Fees

That an amendment to the 2004 Community Services Department Price Schedule for 2004 Green Fees for Riverside, Victoria and Rundle Golf Courses as outlined in Attachments 1 and 2 of the Community Services Department Report 2004CSR003beapproved. / Community 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, D. Thiele.

ABSENT:M. Phair.

B.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE

L.BYLAWS

L.1.a.Bylaw 13643 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Sidewalk Reconstruction Local Improvement (2004) in the Youngstown area 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Sidewalk Reconstruction Local Improvement (2004) in the Youngstown area in the amount of $446,682.

L.1.c.Bylaw 13647 - To amend Bylaw 11135, as amended, the Subdivision Authority Bylaw 

MOVED: B. Anderson – D. Thiele:

That Bylaw 13643 be read a first time. / Distribution List

and Bylaw 13647 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, D. Thiele.

ABSENT:M. Phair.

MOVED: B. Anderson – D. Thiele:

That Bylaw 13647 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, D. Thiele.

ABSENT:M. Phair.

MOVED: B. Anderson – D. Thiele:

That Bylaw 13647 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, D. Thiele.

ABSENT:M. Phair.

MOVED: B. Anderson – D. Thiele:

That Bylaw 13647 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, D. Thiele.

ABSENT:M. Phair.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Alberta Learning Commission (J. Melnychuk)

“As a City we made representation to the Alberta Learning Commission. I would like a report from Administration on our response to the Commission’s report.” / Community Svcs.
Due: May 11, 2004

D.1.b.109 Street Corridor – from Argyll Road in the South to the High Level Bridge (B. Anderson/M. Phair)

“The 109 Street corridor, from Argyll Road in the south to the High Level Bridge, has started to receive attention as a re-development area. Proactive planning will ensure that re-development is appropriate for the corridor and the adjacent neighbourhoods as a whole.
Could Administration present a report indicating the steps necessary to undertake a study which includes appropriate land uses, design guidelines and an implementation program for the 109 Street corridor. The report should deal with, but not be limited to:
  1. The extent of the study area.
  2. The issues and opportunities for redeveloping the corridor.
  3. The existing area redevelopment plans and policies that would impact on this study and the 109 Street corridor.
  4. The acceptable range of redevelopment uses and improvements.
  5. Appropriate redevelopment guidelines – heights, architectural treatments, etc.
  6. Elements of a public consultation process,.
  7. The time, cost and manpower required to undertake such a study.
This report should return to the Executive Committee.” / Planning & Dev.
Transportation & Streets
Executive Committee
Due: May 5, 2004

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Art in Public Buildings (D. Thiele) 

MOVED D. Thiele – E. Gibbons:

That the March 3, 2004, Planning and Development Department report 2004PDP014 be referred to Executive Committee. / Planning & Dev.
Exec. Committee
Due:Mar. 17, 2004

carried

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

OPPOSED:L. Langley.

ABSENT:M. Phair.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Evaluation of Edmonton’s Industrial Land Strategy 

MOVED T. Cavanagh – R. Hayter:

That the February 2, 2004, Planning and Development Department report 2004PDP045 be received for information.

L. Benowski, General Manager, Planning and Development Department, made a presentation and answered Council’s questions. R. Caldwell, Planning and Development Department;
A. B. Maurer, City Manager; and M. Garrett, Planning and Development Department, answered Council's questions.

AMENDMENT MOVED S. Mandel – B. Anderson:

That a part 2 be added as follows:

  1. That Administration bring back a report on the City’s Industrial Land Strategy comparing the costs (including items like allocation from the Drainage Utility, tax-supported development and staff time) to the revenue generated (such as land sales as well as from levies).

carried

FOR THE AMENDMENT:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
K. Leibovici, S. Mandel, D. Thiele.

OPPOSED:J. Melnychuk.

ABSENT:M. Phair.

MOTION ON ITEM E.1.a, AS AMENDED, put:

  1. That the February 2, 2004, Planning and Development Department report 2004PDP045 be received for information.
  2. That Administration bring back a report on the City’s Industrial Land Strategy comparing the costs (including items like allocation from the Drainage Utility, tax-supported development and staff time) to the revenue generated (such as land sales as well as from levies).
/ Planning & Dev.
Due:May 11, 2004

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, D. Thiele.

ABSENT:M. Phair.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.f.Welcome to the Students from Woodcroft School (B. Smith)

On behalf of City Council, Mayor B. Smith welcomed students from Woodcroft School and their teacher, Miss Binder.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.c.Multi-Year Budget and Planning Processes for Cities 

MOVED T. Cavanagh – L. Langley:

That Administration develop a strategy for Council’s consideration to implement multi-year budgeting for the City of Edmonton commencing with the 2006 budget year.

R. Rosychuk, Corporate Services Department; and A. B. Maurer, City Manager, answered Council's questions.

Mayor B. Smith vacated the Chair and Deputy Mayor J. Melnychuk presided. Mayor B. Smith left the meeting.

Deputy Mayor J. Melnychuk vacated the Chair and Acting Mayor D. Thiele presided.

J. Tustian, General Manager, and R. Rosychuk, Corporate Services Department, answered Council's questions.

Mayor B. Smith re-entered the meeting. Acting Mayor D. Thiele vacated the Chair and Mayor B. Smith presided.

J. Tustian, General Manager, Corporate Services Department; and A. B. Maurer, City Manager, answered Council's questions.

AMENDMENT MOVED B. Anderson - R. Hayter:

That the words “commencing with the 2006 budget year” be deleted:

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

LOST

FOR THE AMENDMENT:B. Anderson, J. Melnychuk.

OPPOSED:B. Smith; J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, D. Thiele.

ABSENT:M. Phair.

MOTION ON ITEM E.1.c, put:

That Administration develop a strategy for Council’s consideration to implement multi-year budgeting for the City of Edmonton commencing with the 2006 budget year.

LOST

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
J. Melnychuk, D. Thiele.

OPPOSED:B. Smith; A. Bolstad, R. Hayter, L. Langley,
K. Leibovici, S. Mandel.

ABSENT:M. Phair.

MOVED A. Bolstad – B. Anderson:

That Council recess and reconvene at 1:30 p.m.

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,, D. Thiele.

ABSENT:M. Phair.

Council recessed at 11:50 a.m.

Council reconvened at 1:30 p.m.

Councillors J. Batty, L. Langley, M. Phair and D. Thiele were absent.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.g.Welcome to the Students from St. Timothy Elementary School
(B. Smith)

On behalf of City Council, Mayor B. Smith welcomed Grade 6 students from
St. Timothy Elementary School, and their teacher Mrs. Roppo-Bustillo.

A.5.EXPLANATION OF THE NON-STATUTORY PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

Councillor L. Langley entered the meeting and Councillor M. Phair entered the meeting via telephone.

A.6.CALL FOR PERSONS TO SPEAK

D. H. Edey, City Clerk, asked whether there were any persons present to speak to the following:

L.1.BYLAWS

L.2.a.Bylaw 13636 – The Waterworks Bylaw 

PURPOSE

To approve amendments to the Waterworks Bylaw 12585.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Review of Waterworks Bylaw 

S. Cooper, Northern Alberta Chapter of the Canadian Condominium Institute; S. Lowe, Executive Director, Old Strathcona Business Association; D. Kuchelyma, President, Edmonton Federation of Community Leagues; B. Chawner; and M. Pieters, representing the Edmonton Catholic School Board, were in attendance to speak to the passing of Bylaw 13636.

A. Davies, President, EPCOR Water Services Inc., made a presentation.

Councillor J. Batty entered the meeting.

A. B. Maurer, City Manager; C. Engelking, Corporate Services Department; and W. Trocenko, Emergency Response Department, made a presentation.

Councillor D. Thiele entered the meeting.

S. Cooper, Northern Alberta Chapter of the Canadian Condominium Institute; S. Lowe, Executive Director, Old Strathcona Business Association; D. Kuchelyma, President, Edmonton Federation of Community Leagues; B. Chawner; and M. Pieters, representing the Edmonton Catholic School Board, made presentations and answered Council’s questions.

W. Trocenko and R. Wolsey, Emergency Response Department; A. Davies, President, EPCOR Water Services Inc.; and A. B. Maurer, City Manager, answered Council’s questions.

MOVED J. Batty – D. Thiele:

That Bylaw 13636 be read a second time.

AMENDMENT MOVED A. Bolstad – R. Hayter:

That the fixed fees for fire hydrants be deleted from Bylaw 13636.

A. Davies, President, EPCOR Water Services Inc.; and A. B. Maurer, City Manager, answered Council’s questions.

MOVED T. Cavanagh – J. Melnychuk:

That the following motion and amendment be postponed to the April 27, 2004, City Council meeting:

MOVED J. Batty – D. Thiele:

That Bylaw 13636 be read a second time.

AMENDMENT MOVED A. Bolstad – R. Hayter:

That the fixed fees for fire hydrants be deleted from Bylaw 13636.

A. Davies, President, EPCOR Water Services Inc.; and A. B. Maurer, City Manager, answered Council’s questions.

LOST

FOR THE MOTION:T. Cavanagh.

OPPOSED:B. Smith; B. Anderson, J. Batty, A. Bolstad,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

(continued on page 15)

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.h.Welcome to the Students from St. Timothy Elementary School
(B. Smith)

On behalf of City Council, Mayor B. Smith welcomed Grade 6 students from
St. Timothy Elementary School, and their teacher Ms. Maltby.

Orders of the Day were called.

Council recessed at 3:30 p.m.

Council reconvened at 3:50 p.m.

Councillor M. Phair re-entered the meeting via telephone.

Councillors J. Melnychuk and D. Thiele were absent.

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.c.Process for Integrating Visions for Social Well-Being and Economic Prosperity

MOVED A. Bolstad – B. Smith:

That item F.1.c. be dealt with now.

LOST

(required 2/3 present)

FOR THE MOTION:B. Smith; B. Anderson, A. Bolstad, T. Cavanagh,
R. Hayter, S. Mandel, M. Phair.

OPPOSED:J. Batty, E. Gibbons, L. Langley, K. Leibovici.

ABSENT:J. Melnychuk, D. Thiele.

Councillors J. Melnychuk and D. Thiele entered the meeting.

(continued from page 13)

L.2.SECOND AND THIRD READING BYLAW

L.2.a.Bylaw 13636 – The Waterworks Bylaw 

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Review of Waterworks Bylaw 

AMENDMENT OF COUNCILLOR A. BOLSTAD, put:

That the fixed fees for fire hydrants be deleted from Bylaw 13636.

carried

FOR THE AMENDMENT:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk.

OPPOSED:E. Gibbons, M. Phair, D. Thiele.

A. Davies, President, EPCOR Water Services Inc.; and A. B. Maurer, City Manager, answered Council’s questions.

MOVED T. Cavanagh – J. Melnychuk:

That the public hearing on Bylaw 13636, as amended, be closed.

carried

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

ABSENT:J. Batty.

MOTION ON SECOND READING OF BYLAW 13636, AS AMENDED, put:

carried

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