City Council Minutes

November 13, 2007

Present:
S.Mandel; B.Anderson, J.Batty, T. Caterina, E.Gibbons, R.Hayter, B. Henderson, D. Iveson, K.Krushell, K.Leibovici, L.Sloan, A. Sohi, D.Thiele*.
*Attended by telephone
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 9:30 a.m.

Councillors D. Iveson and D. Thiele were absent.

Opening Prayer

Jagdish Singh, from the Sikh community, led the assembly in prayer.

A.2.Adoption of Agenda

Moved R. Hayter – L. Sloan:

That the November 13, 2007, City Council meeting agenda be adopted.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson,K. Krushell,
K. Leibovici, L. Sloan, A. Sohi.

Absent:D. Iveson, D. Thiele.

Councillor D. Iveson entered the meeting.

A.3.Adoption of Minutes

Moved J. Batty – L. Sloan:

That thefollowing meeting minutes be adopted:

  • November 1, 2007, City Council
  • November 1, 2007, City Council Public Hearing
  • October 31, 2007, City Council
  • October 29, 2007, City Council
  • October 25, 2007, City Council
  • October 23, 2007, City Council Inaugural
  • September 11, 2007, City Council
  • September 10/12, 2007, City Council Public Hearing
  • September 5/12, 2007, City Council Public Hearing

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi.

Absent:D. Thiele.

A.4.Protocol Items

Get to Know Your Neighbour-Robert Batemen (L. Sloan)

On behalf of City Council, Councillor L. Sloan recently attended a reception honouring world-renowned wildlife artist and conservationist, Robert Bateman. Mr. Bateman was in Edmonton to mark the launch of his Get to Know Your Neighbour CD and school-based program, which nurtures the curiosity of youth about the natural world surrounding them.

We live in a society where youth recognize 1,200 corporate logos but fewer than 12 of the species of wildlife that live in their communities. Edmonton is one of the cities profiled on the CD’s virtual walk section. Research shows that getting children outside and playing in the natural world reduces obesity, helps with attention deficit disorder, reduces the likelihood of drug and alcohol abuse, reduces bullying and leads to better grades. Free copies of the program are being offered to public schools across Edmonton.

Copies of the program’s 2008 calendar featuring the extraordinary artwork of students across Canada and Edmonton and an outline of the program were provided to Members of Council.

Fire Chief of the Year Award (S. Mandel)

The City of Edmonton’s Fire Chief, Randy Wolsey, was recently awarded the Canadian Association of Fire Chiefs’ Full-time Fire Chief of the Year Award.

This award recognizes Chief Wolsey’s strong leadership skills and highlights the advocacy work he has done on behalf of City Council with regards to the provincial and national building codes. Under his guidance, Edmonton’s fire rescue service has become highly respected.

Joining Chief Wolsey were his wife, Vicky; daughter, Charlene and son-in-law, James; and grandchildren Jessica, Jared, Jackso and Joel. On behalf of City Council, Mayor S. Mandel congratulated Chief Wolsey.

Sikh Temples Representation (A. Sohi)

On behalf of City Council, Councillor A. Sohi recognized the presence of the leaders from the Sikh Community and the three temples represented at Council for today’s prayer.

Crestwood School (S. Mandel)

On behalf of City Council, Mayor S. Mandel welcomed Grade 7 students from Crestwood School and their teacher, Mr. Parry.

Federation of Canadian Municipalities – 2007Canadian Women
in Municipal Government Scholarship – Claire Dub
(Mayor S. Mandel)

Each year, the Federation of Canadian Municipalities presents a scholarship to a university or college student who has submitted a research paper on issues about Canadian women in politics, with a focus on municipal government.

Edmontonian Claire Dub was the talented recipient of this year’s award. Claire’s winning research paper, Whose Voice? An Analysis of the Ongoing Struggles of Women in Canadian Politics, examined the reasons why more women are not considering running for political office.

A graduate of the University of Ontario, where she majored in Urban Studies, Claire is currently preparing her applications to begin a Masters of Architecture degree next fall.

On behalf of City Council, Mayor S. Mandel congratulated Ms. Dub.

Councillor D. Thiele joined the meeting by telephone.

Ladies Professional Golf Association (LPGA) Volunteers
(S. Mandel)

This past summer the Royal Mayfair Golf Club hosted the prestigious 2007 C.N. Canadian Women’s Open Golf Tournament, where the finest golfers in the world took to the greens.

Integral to the tournament’s success was the group of truly outstanding volunteers, many of whom are in Chamber today. The volunteer Chairs and Vice-Chairs are an impressive group and each did an outstanding job.

On behalf of City Council, Mayor S. Mandel thanked the volunteers for their time and energy invested into every detail to ensure the event ran seamlessly.

Metis Week 2007 (R. Hayter)

On behalf of City Council, Councillor R. Hayter recognized Metis Week 2007. Edmonton has a very large Metis community that actively participates in industry, trade and commerce,and are an integral part of our city and province. The Metis community is involved in all facets of Canadian society and continues to contribute to the building of the number one nation in the world, Canada.

There are many events planned this week and Councillor R. Hayter encouraged citizens to partake in them and observe the very positive contributions of the Metis community in Edmonton.

B.PROCEDURAL MATTERS

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

City Council selected the following items for debate: E.1., E.2., E.3., E.4., E.5., E.9., P.1., P.3. and P.4.

Moved B. Anderson – E. Gibbons:

D.STATUS OFREPORTS

D.1.Panhandling (S. Mandel)

That the revised due date of January 16, 2008, be approved. / Planning & Dev.
Due: Jan. 16/08

D.2.Methods and Strategies – Competitiveness of Industrial Land

That the revised due date of January 30, 2008, be approved. / Planning & Dev.
Due: Jan. 30/08

D.3.Feasibility and Costs of Burying Overhead Lines

That the revised due date of January 30, 2008, be approved. / Planning & Dev.
Due: Jan. 30/08

D.4.Alternate Sources of Revenue – Responsible Hospitality Institute Program

That the revised due date of March 2008 be approved. / Corporate Svcs.
Due: Mar. 2008

E.REPORTS

E.6.Edmonton Arts Council – 2007 Community Investment Program Organizations Project Grant Recommendations

That the 2007 Community Investment Program Organizations Project Grant recommendations, as outlined in Attachment 1 of the October 17, 2007, Edmonton Arts Council report 2007EAC009, be approved. / EAC

E.7.Edmonton Arts Council – 2007 Community Investment Program Individual Artist Project Grant Recommendations

That the 2007 Community Investment Program Individual Artist Project Grant recommendations, as outlined in Attachment 1 of the October 17, 2007, Edmonton Arts Council report 2007EAC010, be approved. / EAC

E.8.Greater Edmonton Foundation - Size of Board of Directors

That the Mayor, on behalf of City Council, write a letter to the Minister of Seniors and Community Supports, Province of Alberta, supporting the request by Greater Edmonton Foundation Board to increase the number of Directors from seven to nine. / Mayor
City Manager

E.10.Ed Tel Endowment Fund

That a special dividend of $8.8 million be declared for 2008 from the Ed Tel Endowment Fund, as outlined in the October 23, 2007, Corporate Services Department report 2007COF082. / Corporate Svcs.

P.PRIVATE

P.2.City of Edmonton Youth Council - Appointments

  1. That the individuals named in Attachment 1 of the October 10, 2007 Office of the City Manager report 2007CACA21 be appointed for terms as shown.
  2. That Attachment 2 of the October 10, 2007, Office of the City Manager report 2007CACA21 remain private, pursuant to sections 17, 23 and 24 of the Freedom of Information and Protection of Privacy Act.
/ City Manager

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

B.PROCEDURAL MATTERS

B.2.Time Specifics and Decision to Hear

Moved K. Krushell – J. Batty:

That the following item be made time specific as the first item of business at 9:30 a.m.:

E.1.2008 Council and CommitteeSchedule

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

B.3.Vote on Bylaws not Selected for Debate

F.FIRST, SECOND AND THIRDREADING BYLAWS

F.1.Bylaw 14749 - A Bylaw to authorize the City of Edmonton to undertake, construct, and finance Community Services Project, Fred Broadstock Pool Redevelopment

F.2.Bylaw 14758 - The City of Edmonton Annuity Bylaw Amendment Report No. 61

Moved B. Anderson – L. Sloan:

That Bylaw 14749 be read a first time. / Corporate Svcs.

That Bylaw 14758 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – L. Sloan:

That Bylaw 14758 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – L. Sloan:

That Bylaw 14758 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved B. Anderson – L. Sloan:

That Bylaw 14758 be read a third time. / Distribution List

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

C.ADMINISTRATIVE INQUIRIES

C.1.1% Tax for Affordable Housing (L. Sloan)

Please provide the process and potential funds generated from a 1% tax across the general tax base to finance affordable housing. / CBP
AMPW
Due: Dec. 3/07

C.2.Affordable Housing – Potential Policy(L. Sloan)

On November 1, 2007, Council passed an amendment to Bylaw 14718 requiring a landowner to relinquish housing units to the City of Edmonton at 85% of the list price or based on a forthcoming policy on affordable housing.
My questions to Administration are:
1.Does the Municipal Government Act provide City Council the authority to pass such an amendment to a Direct Control Bylaw?
a. If so, please provide the legislative or regulatory reference for such authority.
b.If not, how could such an amendment be rescinded?
2.Is there any legal precedent or case law supporting the making of such an amendment to a DC1?
3.Is Council under any obligation to apply such an amendment to subsequent DC1s seeking higher density?
4.If a DC1 application is contemplated where units sought exceed values that would be considered affordable, i.e. higher than $500,000 per unit, how could Council apply the amendment to such applications in an equitable and fair manner?
Please provide a response to the January 9, 2008, Executive Committee meeting. / Corporate Svcs.
Exec. Committee
Due: Jan. 9/08

C.3. Elimination of Business Tax - Landlords (S. Mandel)

The City of Edmonton has decided to eliminate the business tax. The major outstanding issue is how do landlords who have a gross lease pass the tax charge on to the tenant.
Can this be done by Bylaw or what other steps can be taken?
The report should return to the next City Council meeting. / Planning & Dev.
Due: Nov. 26/07

E.REPORTS

E.1.2008 Counciland Committee Schedule

D. H. Edey, City Clerk, made a presentation and answered Council's questions.

Moved K. Leibovici – J. Batty:

That the 2008 Council and Committee meeting schedule, as outlined in Attachment 1 of the October 17, 2007, Office of the City Manager report 2007CMC050, be approved

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

Amendment Moved D. Thiele – L. Sloan:

That the 2008 Council and Committee meeting schedule be amended by moving the:

  • July 7 Agenda Review Committee to June 26
  • July 7 City Council Public Hearing to July 2
  • July 8 City Council Intergovernmental meeting to July 2
  • July 9 City Council meeting to July 3
  • meetings of July 14-23 up one week earlier

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

Lost

For the

Amendment: T.Caterina,B. Henderson, A. Sohi, D.Thiele.

Opposed:S.Mandel; B.Anderson, J.Batty, E.Gibbons, R.Hayter, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan.

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

Amendment Moved E. Gibbons – L. Sloan:

That the 2008 Council and Committee meeting scheduled be amended by moving:

  • Council Services Committee from September 29
    to September 16 (1:30 to 5:30 p.m.)
  • City Council Public Hearing from September 19
    to September 22 (1:30 to 9:30 p.m.) – the September 22 Community Services Committee meeting will now be a half day (9:30 a.m. to noon)
  • City Council from September 30
    to September 29 (9:30 a.m. to 9:30 p.m.)

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

Carried

For the

Amendment: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

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

Motion, As Amended, on Item E.1., put:

That the 2008 Council and Committee meeting schedule, as outlined in Attachment 1 of the October 17, 2007, Office of the City Manager report 2007CMC050, be approved as amended.
Amendment
  • Council Services Committee moved from September 29
    to September16 (1:30 to 5:30 p.m.)
  • City Council Public Hearing moved from September 19
    to September 22 (1:30 to 9:30 p.m.) – the September 22 Community Services Committee meeting will now be a half day (9:30 a.m. to noon)
  • City Council meeting moved from September 30
    to September 29 (9:30 a.m. to 9:30 p.m.)
/ City Manager

Carried

For the Motion

As Amended: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

2009 and Future Council and Committee Schedules

Moved D. Thiele – K. Leibovici:

That the 2009 and subsequent years’ Council and Committee schedules be drafted for Council’s consideration in late spring of each year. / City Manager
Due: May 14/08

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

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T. Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson, K.Krushell, K.Leibovici, A. Sohi, L.Sloan,
D.Thiele.

E.2.2492369 Canada Corporation

C. Pooli, Corporate Services Department (Law); and A. B. Maurer, City Manager, answered Council's questions.

Moved L. Sloan – R. Hayter:

That City Council, in the exercise of the powers reserved to the Shareholder pursuant to paragraph 2.2 of the Unanimous Shareholder Agreement of 2492369 Canada Corporation (“the Corporation” formerly Edmonton Telephones Corporation), approve the following recommendations as a resolution of the Shareholder:
  1. That an external auditor for the financial year ending December 2007 not be appointed.
  2. That the audit of the financial statements of the Corporation for the year ended December 31, 2006, be dispensed with.
  3. That the unaudited financial statements of the Corporation as at December 31, 2006, consisting of a balance sheet, a statement of income and retained earnings and a note to financial statements, attached hereto as Attachment 2 (of the August 29 2007, Corporate Services Department report 2007COL021), be received for information.
  4. That those persons holding the positions of City Manager, and General Manager, Corporate Services Department, or those appointed in an acting capacity to those positions, be appointed as Directors of the Corporation to hold office until the next annual general meeting of the Shareholder or resolution in writing in lieu thereof.
/ Corporate Svcs.
City Manager

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi.

Absent: D. Thiele.

E.3.Social Enterprise Fund - Status Update

W. Trocenko, Community Services Department, answered Council's questions.

Moved K. Krushell – L. Sloan:

That the October 19, 2007, Community Services Department report 2007CSS013 be received for information. / Community Svcs.

L. Cochrane, General Manager, Community Services Department; and M. Garber-Conrad, answered Council's questions.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi.

Absent: D. Thiele.

E.4.Facade Improvement Program

Moved J. Batty – E. Gibbons:

That the October 3, 2007, Planning and Development Department report 2007PDP151 be received for information. / Planning & Dev.

Mayor S. Mandel vacated the Chair and Deputy Mayor B. Anderson presided. Mayor S. Mandel left the meeting.

P. Arendt and K. Zahara, Planning and Development Department; and A. B. Maurer, City Manager, answered Council's questions.

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

P. Arendt and K. Zahara, Planning and Development Department; and A. B. Maurer, City Manager, answered Council's questions.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi.

Absent: D. Thiele.

Facade Improvement Program - Statistics

Moved J. Batty – E. Gibbons:

That Administration provide a report to theMarch 5, 2008,Executive Committee on the Façade Improvement Program indicating:
  1. How much money the City has invested in the Façade program from 2005 to 2007.
  2. The percentage uptake on an annual basis.
  3. The average expenditure per project for each year.
  4. The increase in property values for the properties that can be attributed to using the program.
/ Planning & Dev.
Exec. Committee
Due: Mar. 5/08

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T. Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson, K.Krushell, K.Leibovici, A. Sohi, L.Sloan.

Absent: D. Thiele.

E.5.Organizational Performance – September 30, 2007

Moved J. Batty – E. Gibbons:

That the October 29, 2007 Corporate Services Department/Corporate Business Planning Department report 2007COF087 be received for information. / Corporate Svcs.
CBP

A. B. Maurer, City Manager; L. Cochrane, General Manager, Community Services Department; R. Boutilier, General Manager, Transportation Department; and J. Tustian, General Manager, Corporate Services Department, answered Council's questions.

Mayor S. Mandel vacated the Chair and Deputy Mayor B. Anderson presided. Mayor S. Mandel left the meeting.

A. B. Maurer, City Manager; G. Klassen, General Manager, Planning and Development Department; and D. Wiltse, Corporate Business Planning Department, answered Council's questions.

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

C. Engelking, Corporate Services Department; and D. Wiltse, Corporate Business Planning Department, answered Council's questions.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi.