CITY COUNCIL MINUTES

Tuesday, May 11, 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

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 9:31 a.m.

Councillor S.Mandel was absent.

OPENING PRAYER

Reverend Dr. RobHankinson, GarneauUnitedChurch, led the assembly in prayer.

A.2.ADOPTION OF AGENDA

MOVED M.Phair – D. Thiele:

That the May 11, 2004, City Council meeting agenda be adopted with the following changes:

1.ADDITIONS:

E.1.m.2005 Business Plan and Budget/Service Guidelines

E.1.o.Four Pillars of Urban Sustainability – Process for Council’s Wrap-up Session on June 17, 2004

E.1.p.Revised Assessment Review Board Assignments for May 11 to December 31, 2004 – IN PRIVATE

F.1.c.LouiseMcKinneyRiverfrontPark Development – Provincial Centennial GrantProgram

I.1.a.Edmonton 2004 Funding Negotiations –
IN PRIVATE

2.REPLACEMENT PAGES:

L.1.g.Bylaw 13720 – Edmonton Aboriginal Urban Affairs Committee Bylaw

CARRIED

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

ABSENT:S.Mandel.

A.3.ADOPTION OF MINUTES

MOVED T.Cavanagh – R.Hayter:

That the following meeting minutes be adopted:

  • April 20, 2004, City Council Public Hearing
  • April 27, 2004, City Council
  • May 3, 2004, Special City Council

CARRIED

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

ABSENT:S.Mandel.

Councillor S.Mandel entered the meeting.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.a.Congratulations to CameronPinto and Chancellor JohnFerguson
(J. Batty)

On behalf of City Council, Councillor J. Batty congratulated Grade 8 student, CameronPinto of ParkviewJunior High School, on his award of one-year tuition at the University of Alberta for his vision of what Edmonton could look like in 50 years.

Mayor B.Smith presented JohnFerguson, Chancellor of the University of Alberta Senate, with a certificate of appreciation for launching the special event for Edmonton’s Grade 8 students as a way of celebrating the City of Edmonton’s 100th Anniversary, and to CameronPinto for his award winning vision that displayed his knowledge, skill and creativity.

A.4.b.Chilean-Canadian Community (D. Thiele)

CouncillorD.Thiele expressed concern with regards to remarks made in the Legislature by Premier R.Klein and distributed copies of a letter of concern for Members of Council to consider signing asking that the Premier apologize to Edmontonians and Albertans for his remarks.

A.4.c.Presentation from Mayor V.Hartwell to Councillor T.Cavanagh in Recognition of Service to Alberta Capital Region Alliance (B.Smith)

On behalf of City Council, Mayor B.Smith welcomed Strathcona County Mayor V. Hartwell, Chair of the Alberta Capital Region Alliance (ACRA). Mayor
V.Hartwell acknowledged Councillor T.Cavanagh’s years of service on ACRA’s Management Committee since its inception in 1995, and presented him with a gift and certificate in recognition of his valuable contribution as a member of the Management Committee.

B.PROCEDURAL MATTERS

B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

Council exempted items D.2.a., E.1.a., E.1.b., E.1.c., E.1.d., E.1.e., E.1.f., E.1.g., E.1.h., E.1.i., E.1.j., E.1.k., E.1.l., E.1.m., E.1.o., F.1.c., G.1.a. and in-private items H.1.a. and I.1.a. for debate.

MOVED T.Cavanagh – A.Bolstad:

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.n.Civic Agencies Recruitment – Appointment Recommendations from Executive Committee 

That the appointment recommendations as outlined in Attachment 1 of the May 5, 2004, Executive Committee Report No. 17 be approved for the term ending December 31, 2004. / City Manager

E.1.p.Revised Assessment Review Board Assignments for May 11 to December 31, 2004

That the assignments, as outlined in Attachment 1 of the May 5, 2004, Office of the City Manager Report 2004CMC033, to the Assessment Review Boards for May 11 to December 31, 2004, be approved. / City Manager

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.a.Edmonton Arts Council – 2004 Arts Travel Community Investment Program Grant Recommendations 

That the Arts Travel Community Investment Program Grant Recommendations as outlined in Attachment 1 of the April 16, 2004, Edmonton Arts Council report 2004EAC004 be approved. / Corporate Svcs.
Arts Council

F.1.b.Edmonton Arts Council - 2004 Arts Operating Community Investment Program Grant Recommendations 

That the 2004 Arts Operating Community Investment Grant recommendations as outlined in Attachment 1 of the April 16, 2004, Edmonton Arts Council report 2004EAC003 be approved. / Corporate Svcs.
Arts Council

F.1.d.Civic Agencies Recruitment – Appointment Recommendations from Community Services Committee 

The individual shown in Attachment 1 to the May 3, 2004, Community Services Committee Report No. 16 be appointed to the Boxing and Wrestling Commission for the term ending December 31, 2004. / City Manager

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.b.Environmental ManagementSystemCity Policy 

That Edmonton’s Environmental Management System Policy (C505) as identified in Attachment 1 of the April 27, 2004, Asset Management and Public Works Department Report 2004PWW055, be approved. / AMPW

G.1.c.Interchange at Yellowhead Trail and 156 Street – Advancement of the Construction Schedule 

That the construction of the interchange at Yellowhead Trail and 156 Street be approved to commence in 2004, subject to Alberta Transportation approval of funding sources. / Transportation & Streets

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.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Clean-up Required by Construction Firms (B.Smith)

“Over the past year there has been a great deal of construction in new subdivisions on the edge of our city. I have noticed a number of situations this spring where garbage has blown from construction sites into adjacent ravines, ditches, farmland and windrows. A good example is the construction along 23 Avenue, between Terwillegar Drive and Whitemud Creek.
I would like to know what actions can be taken to ensure timely clean-up by the construction firms that created this garbage.” / Planning & Dev.
Due: July 13, 2004

B.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE

L.BYLAWS

L.1.a.Bylaw 13688 - To authorize the City of Edmonton to construct, finance, and assess Access & Turnbay Local Improvement (Construction 2004) on 23 Avenue from approximately 43 metres west of Hewes Way to approximately 133 metres west of Hewes Way 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Access & Turnbay Local Improvement (Construction 2004) on 23 Avenue from approximately 43 metres west of Hewes Way to approximately 133 metres west of Hewes Way in the amount of $205,561.

L.1.b.Bylaw 13689 - To authorize the City of Edmonton to construct, finance, and assess Asphalt Alley Paving, Existing Gravel, Local Improvement (2004) 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Asphalt Alley Paving, Existing Gravel, Local Improvement (2004) in the amount of $114,937.

L.1.c.Bylaw 13690 - To authorize the City of Edmonton to construct, finance, and assess Aerial Line Alley Lighting Local Improvement (New Construction 2004) 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Aerial Line Alley Lighting Local Improvement (New Construction 2004) in the amount of $8,760.

L.1.d.Bylaw 13694 - To authorize the City of Edmonton to construct, finance, and assess Directional Signage Local Improvement
(2004) 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Directional Signage Local Improvement (2004) in the amount of $62,500 as per attached schedule.

L.1.e.Bylaw 13721 – To amend Bylaw 6075, as amended, the ClareviewTown Centre Neighbourhood Area Structure Plan 

PURPOSE

To amend the Clareview Town Centre Neighbourhood Area Structure Plan (NASP). The proposed amendment will correct graphical errors made in the last amendment to the Clareview Town Centre NASP through Bylaw 13630, approved by Council on March 23, 2004.

L.1.f.Bylaw 13587 - To Designate the Jasper Block at 10514/20 – Jasper Avenue as a Municipal Historic Resource 

PURPOSE

To designate the original 1909 building known as the “Jasper Block” located at 10514/20 Jasper Avenue as a Municipal Historic Resource pursuant to the provisions of the Historical Resources Act, R.S.A. 2000, c. H-9, as amended.

MOVED B.Anderson – J. Batty:

That Bylaws 13688, 13689, 13690 and 13694 be read a first time. / Corporate Svcs.

That Bylaws 13721 and 13587 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, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:S.Mandel.

MOVED B.Anderson – J. Batty:

That Bylaws 13721 and 13587 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, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:S.Mandel.

MOVED B.Anderson – J. Batty:

That Bylaws 13721 and 13587 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, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:S.Mandel.

MOVED B.Anderson – J. Batty:

That Bylaws 13721 and 13587 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, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:S.Mandel.

L.1.f.Bylaw 13587 - To Designate the Jasper Block at 10514/20 – Jasper Avenue as a Municipal Historic Resource 

MOVED B.Anderson – J. Batty:

That the Rehabilitation and Maintenance Incentive Agreement (Schedule C of Attachment 1 of the April 7, 2004, Planning and Development Department report 2004PDP018), which recommends the payment of up to $150,000 to encourage the designation and rehabilitation of the Jasper Block Building as a Municipal Historic Resource, be approved. / Planning & Dev.
Corporate Svcs.

CARRIED

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

ABSENT:S.Mandel.

Mayor B.Smith was absent for the entire discussion with respect to the public hearing on Bylaw 13648 at the May 3, 2004, City Council Public Hearing meeting. Therefore, he was required to abstain from voting on this Bylaw (Sec. 211, Bylaw 12300, Procedures and Committees Bylaw).

Mayor B.Smith vacated the Chair and Deputy Mayor B.Anderson presided. Mayor B.Smith left the meeting and did not participate in the deliberations or vote on Bylaw 13648.

L.3.a.Bylaw 13648 – To amend The Zoning Bylaw from (DC2) Site Specific Development Control Provision to (DC2) Site Specific Development Control Provision; located east of 104A Street and south of 51 Avenue, EmpirePark

PURPOSE

To amend the Zoning Bylaw as it applies to this site from DC2 to DC2. The proposed amendment will allow an additional commercial retail unit into an existing commercial development, and three low rise apartment buildings and one medium rise apartment building containing a total of 220 dwelling units.

MOVED T.Cavanagh – L.Langley:

That Bylaw 13648 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, J. Melnychuk,
M. Phair.

OPPOSED:K.Leibovici, S.Mandel, D. Thiele.

ABSENT:B.Smith.

Mayor B.Smith re-entered the meeting. Deputy Mayor B.Anderson vacated the Chair and Mayor B.Smith presided.

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Alberta Learning Commission (J.Melnychuk) 

MOVED J.Melnychuk – M.Phair:

That the April 14, 2004, Community Services Department report 2004CSS005 be referred to Community Services Committee. / Community Svcs.
CS Committee
Due: June 7, 2004

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.Evaluation of Edmonton’s IndustrialLand Strategy 

MOVED M.Phair – D. Thiele:

That the April 8, 2004, Planning and Development Department report 2004DP071 be referred back to Administration and return to Executive Committee with further information on the $7.8 million Capital Project that is remaining and information on figures before the industrial stage and afterwards.

L.Benowski, General Manager, Planning and Development Department; and A.B.Maurer, City Manager, answered Council’s questions.

LOST

FOR THE MOTION:B.Smith; B.Anderson, J. Batty, T. Cavanagh,
M.Phair.

OPPOSED:A.Bolstad, E.Gibbons, R.Hayter, L.Langley,
K.Leibovici, S.Mandel, D. Thiele.

ABSENT:J.Melnychuk.

MOVED S.Mandel – R.Hayter:

That the April 8, 2004, Planning and Development report 2004PDP071 be received for information. / Planning & Dev.

L.Benowski, General Manager, and R.Caldwell, Planning and Development Department; and A.B.Maurer, City Manager, 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, D. Thiele.

OPPOSED:M.Phair.

E.1.b.Request for Funding – Prospects North 

MOVED M.Phair – J.Melnychuk:

  1. That Council support a sponsorship request for $25,000 from the Prospects North conference in Yellowknife.
  2. That the source of funding for this sponsorship be Council Contingency.
/ Corporate Svcs.

D. Schneider, Corporate Services Department; and A.B.Maurer, City Manager, 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.

E.1.c.Mill Woods Canada Day Celebrations

MOVED T.Cavanagh – D. Thiele (Made at the April 27, 2004, City Council meeting):

That $5,000 be provided to the Mill Woods Canada Day Planning Committee for the 2004 Canada Day Celebrations in Mill Woods from the 2004 Council Contingency Fund.

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

Mayor B.Smith vacated the Chair and Deputy Mayor B.Anderson presided.

AMENDMENT MOVED B.Smith – S. Mandel:

That the words “a one-time funding of” be added before “$5,000.”

CARRIED

FOR THE AMENDMENT: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.

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

That a one-time funding of $5,000 be provided to the Mill Woods Canada Day Planning Committee for the 2004 Canada Day Celebrations in Mill Woods from the 2004 Council Contingency Fund. / Corporate Svcs.

CARRIED

FOR THE MOTION

AS AMENDED:B. Smith; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, L. Langley, K. Leibovici, S. Mandel,
J. Melnychuk, D. Thiele.

OPPOSED:A.Bolstad, R.Hayter, M.Phair.

Deputy Mayor B.Anderson vacated the Chair and Mayor B.Smith presided.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.d.Welcome to the Students from HolyCrossSchool (B.Smith)

On behalf of City Council, Mayor B.Smith welcomed the Grade 6 students from HolyCrossSchool and their teacher Mrs.Chevalier.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.d.2003 Investment Committee Annual Report 

MOVED K.Leibovici – D. Thiele:

That the April 15, 2004, Corporate Services Department report 2004COF046 be received for information. / Corporate Svcs.

R.Rosychuk, S.McPherson and E.Mulyk, Corporate Services Department, answered Council’s questions.

CARRIED

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

ABSENT:E.Gibbons, S.Mandel.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.e.Welcome to the Students from the Sacred Heart English as a Second Language Program (B.Smith)

On behalf of City Council, Mayor B.Smith welcomed students from the Sacred Heart English as a Second Language Program and their instructor TheresaAlves.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.e.Notice of Intention to Designate the Oblats Maison Provinciale located at 9916 – 110 Street as a Municipal Historic Resource 

E.1.f.Notice of Intention to Designate Strathcona Public Library located at 8331 – 104 Street as a Municipal Historic Resource 

E.1.g.Notice of Intention to Designate the First Presbyterian Church located at 10025105Street as a Municipal Historic Resource 

E.1.h.Notice of Intention to Designate the Dr.Terwilligar Residence located at 10727 – 125 Street as a Municipal Historic Resource 

E.1.i.Notice of Intention to Designate the CharlesBarker Residence located at 10834 – 125 Street as a Municipal Historic Resource 

E.1.j.Notice of Intention to Designate the Hyndman Residence located at 10123-136 Street as a Municipal Historic Resource 

E.1.k.Notice of Intention to Designate the Orange Hall located at 10335 – 84 Avenue as a Municipal Historic Resource 

MOVED K.Leibovici – D. Thiele:

That items E.1.e., E.1.f, E.1.g., E.1.h., E.1.i., E.1.j. and E.1.k. be dealt with together.

CARRIED

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

ABSENT:E.Gibbons, S.Mandel.

R.Caldwell, Planning and Development Department; and L.Cook, Director, Edmonton Public Library answered Council’s questions.

E.1.e.Notice of Intention to Designate the OblatsMaisonProvinciale located at 9916 – 110 Street as a Municipal Historic Resource 

MOVED K.Leibovici – J.Melnychuk:

1.That the City Clerk serve a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the April 21, 2004, Planning and Development Department report 2004PDP073) to the owner of the property occupied by the OblatsMaisonProvinciale, located at 9916 – 110 Street, in accordance with Section 26 of the Historical Resources Act.
2.That the General Manager of Planning and Development Department be appointed to implement matters arising from the issuance of the Notice of Intention to Designate the Oblats Maison Provinciale.
3.That funding of $73,000 for this project be provided from the Heritage Reserve Fund. / City Manager
Planning & Dev.
Corporate 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, M. Phair,
D. Thiele.

E.1.f.Notice of Intention to Designate Strathcona Public Library located at 8331 – 104 Street as a Municipal Historic Resource 

MOVED K.Leibovici – J.Melnychuk:

1.That the City Clerk serve a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the April 14, 2004, Planning and Development Department report 2004PDP032) to the owner of the Strathcona Public Library located at 8331 – 104 Street, in accordance with Section 26 of the Historical Resources Act.
2.That the General Manager of Planning and Development Department be appointed to implement matters arising from the issuance of the Notice of Intention to Designate the Strathcona Public Library. / City Manager
Planning & Dev.
Corporate 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, M. Phair,
D. Thiele.

E.1.g.Notice of Intention to Designate the First Presbyterian Church located at 10025105Street as a Municipal Historic Resource 

MOVED K.Leibovici – J.Melnychuk:

1.That the City Clerk serve a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the April 21, 2004, Planning and Development Department report 2004PDP036) to the owner of the property occupied by the FirstPresbyterian Church, located at 10025105Street in accordance with Section 26 of the Historical Resources Act.
2.That the General Manager of Planning and Development Department be appointed to implement matters arising from the issuance of the Notice of Intention to Designate the First Presbyterian Church.
3.That funding of $150,000 for this project be provided from the Heritage Reserve. / City Manager
Planning & Dev.
Corporate 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, M. Phair,
D. Thiele.