______

City Council

Meeting Minutes1

November 25, 2003, sv

CITY COUNCIL MINUTES

Tuesday, November 25, 2003

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:

R. Millican, Acting City Manager
D. H. Edey, 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 J. Batty was absent.

OPENING PRAYER

Sister Mary Helena Sproul, Franciscan Sisters of the Atonement, led the assembly in prayer.

Councillor J. Batty entered the meeting.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – J. Batty:

That the November 25, 2003, City Council meeting agenda be adopted with the addition of the following replacement pages:

F.1.b.Re-allocation of Infrastructure Canada – Alberta Program (ICAP Funding)

Replacement page 1 of F.1.b.

F.1.c.Civic Agency Recruitment – Appointment Recommendations from Community Services Committee – IN PRIVATE.

Replacement page 1 of F.1.c.

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.

A.3.ADOPTION OF MINUTES

MOVED T. Cavanagh – M. Phair:

That the following meeting minutes be adopted:

  • October 16/29/30, 2003, Special City Council Public Hearing
  • November 4, 2003, City Council
  • November 6, 2003, Special City Council
  • November 12, 2003, Special City Council
  • November 14, 2003, 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, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.

B.1.URGENT MATTERS - PROTOCOL ITEMS

B.1.a.Congratulations to the University of Alberta Golden Bear’s Soccer Team (B. Anderson)

On behalf of City Council, Councillor B. Anderson congratulated the University of Alberta Golden Bear’s soccer team, and Head Coach Len Vickery, on their third victory in the CIS Men’s Soccer Championship. Councillor Anderson also congratulated the following Golden Bears players for being named to the CIS Tournament All-Star Team: Devon Fraser, Neil Morrow, Colin Reitveld and Jordan Gillespie.

B.1.b.Congratulations to Teams and Coaches Participating in Recent Alberta Amateur Football Championship Games (B. Anderson)

On behalf of City Council, Councillor B. Anderson congratulated teams and coaches who recently participated in the recent Alberta Amateur football championship games. Councillor Anderson announced the schools, coaches and Most Valuable Players of each of the championship games. 

B.1.c.Heritage Classic (B. Smith)

On behalf of City Council, Mayor B. Smith acknowledged Doug Goss, Volunteer Chair of the Heritage Classic, Patrick Laforge, President and CEO, and Kevin Lowe, Executive Vice-President and General Manager of the Edmonton Oilers, and all of the staff and volunteers who made the Heritage Classic Hockey Event an extraordinary success.

The event put Edmonton on the map with a first-ever outdoor National Hockey League regular season game, and bringing back legends of the Edmonton Oilers and Montreal Canadiens in a special reunion game, held in the Commonwealth Stadium.

B.1.d.Congratulations to the Edmonton Eskimos Football Club (B. Smith)

On behalf of City Council, Mayor B. Smith congratulated the Edmonton Eskimos Football Club, and Head Coach Tom Higgins, for their recent Grey Cup victory. The parade and rally held to thank the football heroes was attended by thousands of fans and showed the pride of Edmontonians in the football club. Mayor Smith thanked the Edmonton Eskimos for brining the Cup back to Edmonton.

B.2.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED T. Cavanagh – J. Melnychuk:

That items D.2.a., E.1.e., F.1.a., G.1.c., H.1.a. and in-private items D.2.b., E.1.f., E.1.g., E.1.h. and J.1.a. be exempted for debate; and

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Budget Adjustment – Edmonton Public Library and Edmonton Police Service

  1. That the 2003 tax levy of the Edmonton Public Library be increased by $84,000 from $20,837,000 to $20,921,000.
  2. That the 2003 tax levy of the Edmonton Police Service be increased by $174,000 from $137,878,000 to $138,052,000.
  3. That the 2003 Financial Strategies activity within the Corporate Expenditures Program be reduced by $258,000 to fund the Police Service and Public Library requirements.
/ Library
Edmonton Police
Corporate Svcs.

E.1.b.Notice of Intention to Designate the Imperial Bank of Canada located at 9990 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 October 29, 2003, Planning and Development Department report) to the owner of the Imperial Bank of Canada Building, located at 9990Jasper Avenue, 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 Imperial Bank of Canada Building.
  3. That funding of $400,000 for this project be provided from the Heritage Reserve Fund.
/ City Manager
Planning & Dev.
Corporate Svcs.

E.1.c.Crime Prevention Through Environmental Design (CPTED) Implementation Program 

  1. That the following Crime Prevention Through Environmental Design (CPTED) Implementation Program be approved:
a)The Edmonton’s Municipal Development Plan be amended to promote a safe urban environment by including CPTED principles as outlined in Attachment 1 of the September 24, 2003, Planning and Development Department report.
b)The Planning and Development Department, with the assistance of the Safer Cities Advisory Committee, promote and encourage the application of CPTED principles to all active partners in the building and development process such as developers, builders, architects, planners, engineers and landscape architects.
c)CPTED assessment be included in rezoning applications at the discretion of Administration.
d)CPTED principles be included as part of the overall design basis for future Area Redevelopment Plans, Area Structure Plans, Neighbourhood Structure Plans and other area-specific planning studies.
2.That Administration provide a report to the September 8, 2004, Executive Committee meeting on the number of Development Officers and Planners trained in CPTED Level 1 and CPTED Level 2 courses.
3.That Administration provide a report for the first Executive Committee meeting in September 2005, on the total number of Development Applications as well as the number of applications that include CPTED principles. / Planning & Dev.
Exec. Committee
Due: Sep. 8, 2004
Exec. Committee
Due: Sep. 1, 2005

E.1.d.Oil and Gas Wells

1.That the October 23, 2003, Corporate Services Department report be received for information.
2.That the Mayor write a letter to the Alberta Energy and Utilities Board (AEUB) asking that the capping of abandoned Oil and Gas wells that are in close proximity to significant population be moved up in priority and that the time that it takes to remedy this be expedited. / Mayor
Corporate Svcs.
E.1.d. cont.
Mayor
Corporate Svcs.

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.b.Re-allocation of Infrastructure Canada – Alberta Program (ICAP Funding) 

That $2,441,000 of the previously approved River Valley and Ravine Trails Phase 2 project Infrastructure Canada-Alberta Program funds, in the amount of $4,403,000, be reallocated for River Valley and Ravine Trails Phase 2 revised projects. / Community Svcs.
Corporate Svcs.

F.1.c.Civic Agency Recruitment – Appointment Recommendations from Community Services Committee 

That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the October 23/November 13, 2003, Community Services Committee Report No. 2, be approved for terms as shown. / City Manager

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.Fort Road Widening Yellowhead Trail to 129 Avenue 

That the Fort Road Widening Concept Plan (Yellowhead Trail to 129 Avenue) be approved. / Transportation & Streets

G.1.b.Nova Gas Transmission Ltd. (NGTL) 2004 General Rate Application – Phase I 

That approval be given for the City of Edmonton to participate in the Nova Gas Transmission Ltd. (NGTL) 2004 General Rate Application before the Alberta Energy and Utilities Board (AEUB) and all related hearings, with a view to reviewing the Application, cross-examining and submitting argument to the AEUB. / Corporate Svcs.

G.1.d.Civic Agency Recruitment – Appointment Recommendations from Transportation and Public Works Committee 

That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the October 23/November 5, 2003, Transportation and Public Works Committee Report No. 3, be approved for the term
January 1 to December 31, 2004. / City Manager

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.City Centre Airport (S. Mandel)

“Regarding the recent pronouncements of our Premier as to the status of our City Centre Airport, that if scheduled service is not retained the Provincial Government would take certain steps, could Administration find out the following:
1.Can the Province seize the City Centre Airport?
2.If so, what compensation, if any, would they have to pay?
3.How much Provincial funding has been received by the City, or the Airport Authority, for the operation of either the City Centre or International Airport?
4.How much Provincial funding have other Alberta airports received over the past five years? Please include any special projects that might have been set up at other Alberta city airports.
5.Currently the City has a 56 year lease with the Airport Authority. If the Province took the steps that they allegedly threatened, what liability exists for the City under the terms and conditions of that lease? For example the Edmonton Regional Authorities borrowing conditions with their lenders?
I would like this report to come through Executive Committee please.” / Corporate Svcs.
Exec. Committee
Due: Jan. 28, 2004
D.1.a. cont.
Corporate Svcs.
Exec. Committee
Due: Jan. 28, 2004

D.1.b.Art in Public Buildings (D. Thiele)

“This inquiry is in regard to the Policy of 1% for art in public buildings.
My questions are:
1.Could you please provide a brief history of the 1% for art Policy.
  1. Describe how this Policy has affected public buildings in Edmonton and in the art community? (A few examples may be helpful.)
  2. Does this Policy have influence on design of buildings and/or projects?
  3. Has this policy influenced building within the private sector?
  4. What benefit would accrue to the community if this policy were implemented for private sector buildings (apartments, strip malls, project renewals, landscaping)?
  5. Could building design be one of the factors to be considered?
  6. What are other major cities doing? Which municipalities are leaders in providing public art and how do they do it?”
/ Community Svcs.
Due: Jan. 20, 2004

D.1.c.Transportation and Technology (D. Thiele)

“I have a few questions about technology use for the Transportation and Streets Department regarding camera use, counters, ability to automatically adjust lights, etc., and general information and ability to change as things change.
1.When will the recently installed roadway cameras be used to affect positive change within the City’s transportation system?
  1. Will other variations be added to the system as well, such as road signs that change as road conditions change (ie. River valley bridges, high congestion areas, West Edmonton Mall and Edmonton’s Coliseum)?
  2. Can other changes be added to the system to let us know of vehicle collisions, temporary closures and CN and CP train extended crossings?
  3. In general, what are Administration’s plans for implementing new technologies to provide better traffic flow and improve safety for road users within the City?”
/ Transportation & Streets
Due: Jan. 20, 2004

L.BYLAWS

L.3.a.Bylaw 13500, as amended - To amend Bylaw 11400, as amended, being the Downtown Area Redevelopment Plan 

PURPOSE

To amend policies and maps in the Plan relating to open space and commercial development in conjunction with the proposed relocation and expansion of the Baccarat Casino.

L.3.b.Bylaw 13501, as amended - To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision to (DC1) Direct Development Control Provision and (DC2) Site Specific Development Control Provision; located north of 104 Avenue and west of 101 Street, Downtown 

PURPOSE

To facilitate the proposed relocation and expansion of the Baccarat Casino. The DC2 Provision would provide specific development regulations for the proposed new casino operation. The DC1Provision would provide specific development regulations for a range of commercial uses with some opportunity for residential uses, recognizing the site’s prominent location in the downtown.

Councillor A. Bolstad was absent for the entire discussion with respect to the public hearing on Bylaws 13500 and 13501, at the October 16/29/30, 2003, City Council Public Hearing meeting. Therefore, he was required to abstain from voting on this Bylaw (Sec. 211, Bylaw 12300, Procedures and Committees Bylaw). Councillor A. Bolstad left the meeting and did not participate in the deliberations or vote on Bylaws 13500 and 13501.

A letter from the applicant withdrawing Bylaw 13501 was distributed to Members of Council and a copy was filed with the Office of the City Clerk. Bylaw 13501 was withdrawn from the agenda.

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

MOVED M. Phair – J. Batty:

That Council meet in private.

CARRIED

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

ABSENT:A. Bolstad.

Council met in private at 10 a.m.

MOVED J. Melnychuk – B. Anderson:

That Council meet public.

CARRIED

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

ABSENT:A. Bolstad.

Council met in public at 10:40 a.m.

Councillors A. Bolstad and T. Cavanagh were absent.

MOVED B. Anderson – L. Langley:

That Bylaw 13500, as amended, be read a third time.

LOST

FOR THE MOTION:B. Smith; E. Gibbons, S. Mandel.

OPPOSED:B. Anderson, J. Batty, R. Hayter, L. Langley,
K. Leibovici, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:A. Bolstad, T. Cavanagh.

Councillor T. Cavanagh entered the meeting.

L.3.c.Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown 

PURPOSE

To close a portion of road right-of-way located north of 104 Avenue at approximately 103 Street. This portion of road right-of-way is an undeveloped walkway that was intended to provide access to Lot 3MR, Block 9E, Plan972 4372. Once closed, the closure area will be consolidated with the adjacent properties (Lot 2, Block 9E, Plan 972 4372 and Block RLY, Plan 862 2223) as part of the proposed relocation and expansion of the Baccarat Casino.

MOVED B. Anderson – L. Langley:

That Bylaw 13502 be read a third time.

LOST

FOR THE MOTION:B. Smith; J. Batty, T. Cavanagh, E. Gibbons,
S. Mandel.

OPPOSED:B. Anderson, R. Hayter, L. Langley, K. Leibovici,
J. Melnychuk, M. Phair, D. Thiele.

ABSENT:A. Bolstad.

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.c.Report of Disposal of Reserve Land Pursuant to Section 674 and 675 of the Municipal Government Act South of 105 Avenue, East of 103 Street 

There were no persons present to speak to item G.1.c.

MOVED B. Anderson – M. Phair:

That the public hearing on item G.1.c. be closed.

CARRIED

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

ABSENT:A. Bolstad.

MOVED B. Anderson – D. Thiele:

1.That Council approve the disposal of the following reserve land, namely:
Plan 9724372
Block 9E
Lot 3MR (Municipal Reserve) EXCEPTING THEREOUT ALL MINES AND MINERALS.

2.That pursuant to Section 675 of the Municipal Government Act, Council hereby authorizes the appropriate officials of the City of Edmonton to notify the Registrar of Land Titles that the City of Edmonton has complied with the provisions of the Municipal Government Act in connection with the disposal of public reserve, and requests the Registrar of Land Titles to remove the designation of “reserve” from the above land.

Councillor A. Bolstad entered the meeting.

L. Brenneis, Community Services Department, answered Council’s questions.

RECONSIDERED

FOR THE MOTION:B. Smith; J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter.

OPPOSED:B. Anderson, L. Langley, K. Leibovici, S. Mandel,
J. Melnychuk, M. Phair, D. Thiele.

MOVED M. Phair – B. Smith:

That the following motion be reconsidered:

MOVED B. Anderson – D. Thiele:

1.That Council approve the disposal of the following reserve land, namely:
Plan 9724372
Block 9E
Lot 3MR (Municipal Reserve) EXCEPTING THEREOUT ALL MINES AND MINERALS.

2.That pursuant to Section 675 of the Municipal Government Act, Council hereby authorizes the appropriate officials of the City of Edmonton to notify the Registrar of Land Titles that the City of Edmonton has complied with the provisions of the Municipal Government Act in connection with the disposal of public reserve, and requests the Registrar of Land Titles to remove the designation of “reserve” from the above land.

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.

OPPOSED:D. Thiele.

MOVED B. Anderson – D. Thiele:

1.That Council approve the disposal of the following reserve land, namely:
Plan 9724372
Block 9E
Lot 3MR (Municipal Reserve) EXCEPTING THEREOUT ALL MINES AND MINERALS.

2.That pursuant to Section 675 of the Municipal Government Act, Council hereby authorizes the appropriate officials of the City of Edmonton to notify the Registrar of Land Titles that the City of Edmonton has complied with the provisions of the Municipal Government Act in connection with the disposal of public reserve, and requests the Registrar of Land Titles to remove the designation of “reserve” from the above land.

LOST

FOR THE MOTION:B. Smith; J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons.

OPPOSED:B. Anderson, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Edmonton Police Service Stand-off with Escaped Prisoner
(D. Thiele) 

MOVED D. Thiele – M. Phair:

That the September 23, 2003, Emergency Response Department report be referred to the December 3, 2003, Community Services Committee meeting. / Emergency Response
CS Committee
Due: Dec. 3, 2003

CARRIED

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

OPPOSED:L. Langley.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.e.Competitiveness of Edmonton’s Municipal Tax Levies 

MOVED T. Cavanagh – D. Thiele: