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City Council

Meeting Minutes1 of 28

November 30, 2004, mj

CITY COUNCIL MINUTES

Tuesday, November 30, 2004

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 9:30 a.m.

Councillors J. Batty and L. Sloan were absent.

OPENING PRAYER

Reverend John Pasma, Covenant Christian Reformed Church, led the assembly in prayer.

Councillors J. Batty and L. Sloan entered the meeting.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – J. Melnychuk:

That the November 30, 2004, City Council meeting agenda be adopted with the following additions:

E.1.m.Civic Agency Recruitment – Appointment Recommendations from Executive Committee IN PRIVATE

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

G.1.c.Civic Agency Recruitment – Appointment Recommendations from Transportation and Public Works Committee
IN PRIVATE

E.1.n.Names Advisory Committee Report – Lois Hole Library

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 – M. Phair:

That the following meeting minutes be adopted:

  • November 9, 2004, Special City Council
  • November 16, 2004, City Council

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.URGENT MATTERS - PROTOCOL ITEMS

A.4.a.Congratulations to Edmonton Football and Volleyball Regional Teams (B. Anderson)

On behalf of City Council, Councillor B. Anderson offered congratulations to Edmonton regional football and volleyball teams for winning in their respective categories in the Metro, Public and Capital District Leagues.

A.4.b.Congratulations to Finance (S. Mandel)

On behalf of City Council, Mayor S. Mandel announced that the City of Edmonton had received the Distinguished Budget Presentation Award from the Government Finance Officers Association of the United States and Canada.

Mayor S. Mandel unveiled the award and acknowledged the efforts of Greg Kliparchuk, Director of Finance Planning and Budgets, Roger Rosychuk, Manager, Finance Branch, Carol Engelking, Director, Corporate Accounting and Reporting, and Joyce Tustian, General Manager, Corporate Services Department.

B.PROCEDURAL MATTERS

B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

Council exempted the following items for debate: E.1.b., E.1.i., E.1.k., F.1.a., F.1.b., F.1.c., G.1.a., G.1.b. and in-private items E.1.d., E.1.e. and E.1.f.

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

MOVED D. Thiele – M. Phair:

D.3.STATUS OF REPORTS

D.3.a.Dunvegan Access Road – Progress Report (Feasibility of Installing a Crosswalk, Future Speed and Volume Studies, Projected Costs for Land Acquisition)

That the revised due date of February 8, 2005, be approved. / Transportation & Streets
Due: Feb. 8, 2005

D.3.b.Problem Housing (Amendments to the Minimum Maintenance Standards Bylaw)

That the revised due date of March 1, 2005, be approved. / Planning & Dev.
Due: Mar. 1, 2005

D.3.c.Mountain Biking Within the City of Edmonton

That the revised due date of May 3, 2005, be approved. / Community Svcs.
Due: May 3, 2005

D.3.d.Multi-year Funding for Edmonton Police Service

That the revised due date of June 21, 2005, be approved. / Corporate Svcs.
Police Commission
Due: June 21, 2005

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Appointment of 2005 Board of Directors to the Business Revitalization Zones of Edmonton 

That the appointment of the individuals named in Attachment 1 (of the November 9, 2004, Planning and Development Department report 2004PDP142) as the Board of Directors for the Alberta Avenue, Beverly, Downtown, Fort Road, Inglewood, Kingsway, Northwest Industrial, Old Strathcona, 124 Street and Area, 97 Street and Area Business Associations for the term January 1, 2005, to December 31, 2005, be approved. / Planning & Dev.

E.1.c.Appointment to Edmonton Economic Development Corporation 

That Mayor S. Mandel be elected as a Director of Edmonton Economic Development Corporation throughout his term as Mayor of the City of Edmonton. / City Manager
EEDC

E.1.g.Expropriation of Land Located at 15004 Yellowhead Trail From Yellowhead Motor Inn 

  1. That, after considering the Report of the Inquiry Officer (Attachment 2 of the November 9, 2004, Corporate Services Department report 2004COL014), the Resolution Approving Expropriation, Reasons for Decision and expropriation of the portions of the subject property fully described therein (Attachment 1 of the November 9, 2004, Corporate Services Department report 2004COL014), be approved.
  2. That Administration prepare a report for Transportation and Public Works Committee that explores the design sought by the Yellowhead Inn with respect to the design of the access point of the southwestern portion of the Yellowhead Inn property, and on the merits of the Bunt and Associates report and the City’s Safety Audit.
/ Transportation & Streets
TPW Committee
Due: Feb. 1, 2005

E.1.h.Letter dated August 26, 2004, from Jeffery R. Morie, Morie Promotional Group re: Property Tax Roll No. 02667707 

That the request to cancel late payment penalties of $196.39 on Property Tax Account 02667707, as outlined in the September 7, 2004, Planning and Development Department report 2004PDA025, be denied. / Planning & Dev.

E.1.j.Design Plan for West Rossdale (Consultants' Reports on the West Rossdale Area and Their Implementation West Rossdale as a Special Study Area) 

That the November 24, 2004, Planning and Development Department report 2040PDP129 be referred back to Administration so that the Mayor can contact the Province with the design plan for West Rossdale and request that the Province take an active role in the plan with financial and personal resources, and that the report return to Executive Committee with an update. / Planning & Dev.
Mayor
Exec. Committee
Due: Feb. 2, 2005

E.1.l.North Country Livestock Auction Market Rezoning Public Hearing 

That a Statutory Public Hearing be held on the North Country Livestock Auction Market rezoning application at a Special City Council meeting on Wednesday, February 23, 2005, and if necessary, continue on Thursday, February 24, 2005, and that the hearing take place in Council Chamber from 9:30 a.m. to 9:30 p.m. both days. / City Manager
Due:Feb. 23, 2005

E.1.m.Civic Agency Recruitment – Appointment Recommendations from Executive Committee 

  1. That the composition of the Subdivision and Development Appeal Board be increased from 15 members to “up to 18 members.”
  2. That the citizen-at-large appointment recommendations, as outlined in Attachment 1 of the November 4/15/23/25, 2004, Special Executive Committee report CR-2, be approved for the term January 1 to December 31, 2005.
/ City Manager

E.1.n.Names Advisory Committee Report – Lois Hole Library 

That the proposed west end library, relocated from the Lessard Neighbourhood, be named the “Lois Hole Library.” / Planning & Dev.

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.d.ITU World Cup Triathlon 

  1. That a payment of $24,215 be made to ITU World Cup Triathlon Edmonton and that the source of funding come from the 2004 Community Services Department, Parks, River Valley and Natural Areas 2004 Budget.
  1. That Administration report to Council, through Community Services Committee, on any surplus funding associated with the ITU World Cup Triathlon Edmonton 2005 event.
/ Community Svcs.
CS Committee
Due: Nov. 21, 2005

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

  1. That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the November 4/15/29, 2004 Community Services Committee report CR-03, be approved for terms as shown.
  2. That Dave Werlin be re-appointed to the Edmonton Taxi Cab Commission for the term January 1 to April 5, 2005, and that this appointment be exempted from the six-year limit as outlined in City Policy C475, section 6.
/ City Manager

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

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

  1. That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the November 4/15, 2004, Transportation and Public Works Committee report CR-01, be approved for the term January 1 to December 31, 2005.
  2. That the individual outlined in Attachment 2 of the November 4/15, 2004, Transportation and Public Works Committee report CR-01., be re-appointed to the Non-Profit Housing Corporation for the term January 1 to December 31, 2005, and that this appointment be exempted from the six-year limit as outlined in City Policy C475, section 6.
/ City Manager

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.

B.2.TIME SPECIFICS AND DECISION TO HEAR

MOVED R. Hayter – K. Leibovici:

That the following item be dealt with as the first order of business:

L.2.a.Bylaw 13821 - Business Licence Bylaw Amendment No. 4 – Pawn and Second Hand Shops

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.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.License Agreement: Northern League in Edmonton Inc. 

MOVED M. Phair – D. Thiele:

That item G.1.a. be dealt with now.

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 M. Phair – D. Thiele:

That October 25, 2004, Asset Management and Public Works Department report 2004PWL117, be postponed to the December 14, 2004, City Council meeting. / AMPW
Due: Dec. 14, 2004

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.

B.2.TIME SPECIFICS AND DECISION TO HEAR

MOVED M. Phair – J. Batty:

1.That the following item be dealt with at 10:30 a.m.:

F.1.a.Edmonton Housing Trust Fund – 2004 Donation by the City of Edmonton

2.That the following item be dealt with as the second order of business:

L.2.b.Streetscape Improvements on 108 Street from 99 Avenue to 104 Avenue – Local Improvement Bylaw 13211

CARRIED

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

OPPOSED:J. Melnychuk.

L.BYLAWS

L.2.a.Bylaw 13821 - Business Licence Bylaw Amendment No. 4 – Pawn and Second Hand Shops 

A. B. Maurer, City Manager; and D. H. Edey, City Clerk, answered Council's questions.

S. Mandel vacated the Chair and Deputy Mayor J. Batty presided.

MOVED S. Mandel – M. Nickel:

That the November 24, 2004, Community Services Committee report CR-13 be referred to the Community Services Committee for further discussion to hear from J. A. Bryan, Bryan & Company, on behalf of the Alberta Pawn Brokers and Second Hand Dealers Association, and other members of the public. / Planning & Dev.
Community Svcs.
Due: Jan. 31, 2005

CARRIED

FOR THE MOTION:S. Mandel; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Krushell, K. Leibovici,
M. Nickel, M. Phair, L. Sloan.

OPPOSED:J. Melnychuk, D. Thiele.

Deputy Mayor J. Batty vacated the Chair and Mayor S. Mandel presided.

B.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE

L.BYLAWS

L.1.a.Bylaw 13841 - To authorize the City of Edmonton to construct, finance, and assess Aerial Line Alley Lighting Local Improvements (New Construction 2004) 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Aerial Line Alley Lighting Local Improvements (New Construction 2004) in the amount of $6,124.

L.1.b.Bylaw 13851 - To authorize temporary financing of capital property pending the issuance of all or any part of debentures thereon for Debenture Bylaws to be approved from January 1, 2005, to December 31, 2009. 

PURPOSE

To authorize the City of Edmonton to temporarily finance capital property pending the issuance of all or any part of debentures thereon for Debenture Bylaws to be approved from January 1, 2005, to December 31, 2009.

L.1.c.Bylaw 13873 - Tax Penalty, Interest and Monthly Payment Bylaw Amendment No. 3 

PURPOSE

To establish the 2005 due dates for payment of taxes, the rates of penalty to be imposed for late payment, the rate of interest to be applied on overpayments, and the terms under which taxes may be paid in monthly instalments.

L.1.d.Bylaw 13468 - To Designate the McTaggart Residence located at 11530 95A Street as a Municipal Historic Resource 

PURPOSE

To designate the original 1922 building known as “the McTaggart Residence” located at 11530 95A Street as a Municipal Historic Resource pursuant to the provisions of the Historical Resources Act, R.S.A. 2000, c. H-9, as amended (the “Act”).

MOVED B. Anderson – M. Nickel :

That Bylaw 13841 be read a first time. / Corporate Svcs.

That Bylaws 13851, 13873 and 13468 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. Phair;

That Bylaws 13851, 13873 and 13468 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 13851, 13873 and 13468 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 13851, 13873 and 13468 be 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.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Volunteer Sector Costs (D. Thiele)

“The volunteer sector within Edmonton has experienced significant cost increases for insurance, and utilities in particular. My questions are:
  1. What in particular has been done and what can the City of Edmonton do to assist in addressing these cost increases?
  2. Could the volunteer sector, in particular, community leagues, become part of the City of Edmonton self-insurance program:
  • if so, what would need to be done to move this forward?
  • how would this apply to the Alberta Urban Municipalities Association and its self-insurance program?”
/ Community Svcs.
Corporate Svcs.
Due: Feb. 8, 2005

D.1.b.Waste Management – Handling of Harmful Materials (D. Thiele)

“I am seeking information from Administration on the policy and procedures around the handling of biomedical waste products. In particular, I am concerned with employee safety when handling ‘Sharps’ and other potentially harmful materials.
Please prepare a report for the Transportation and Public Works Committee before the end of January 2005.” / AMPW
TPW Committee
Due: Feb. 1, 2005

L.BYLAWS

L.2.b.Streetscape Improvements on 108 Street from 99 Avenue to 104 Avenue – Local Improvement Bylaw 13211 

MOVED M. Phair - D. Thiele:

  1. That the revised plan for the 108 Street Streetscape project from
    99 Avenue to 104 Avenue be approved (05-17-0339).
  1. That the cost of this Streetscape project be cost shared 50/50 between the property owners and the City of Edmonton.
  2. That the October 13, 2004, Planning and Development Department report 2004PDP041, be received for information.

K. Singh, Transportation and Streets Department, made a presentation. D. H. Edey, City Clerk; A. B. Maurer, City Manager; R. Millican, General Manager, Transportation and Streets Department; and R. Caldwell, Planning and Development Department, answered Council's questions.

MOVED K. Leibovici- R. Hayter:

That the following motion be referred back to Executive Committee to explore and report to Council on

a.The role and financial commitment of the Province.

b.The cost-sharing policy for streetscape improvements.

MOVED M. Phair - D. Thiele (Made at the November 30, 2004, City Council meeting):

  1. That the revised plan for the 108 Street Streetscape project from
    99 Avenue to 104 Avenue be approved (05-17-0339).
  2. That the cost of this Streetscape project be cost shared 50/50 between the property owners and the City of Edmonton.
  3. That the October 13, 2004, Planning and Development Department report 2004PDP041, be received for information.

AMENDMENT MOVED M. Nickel – S. Mandel:

That a part c. be added as follows:

  1. The investigation of a city-wide design competition for the streetscape on Capital Boulevard with the commensurate prize to be determined by the Executive Committee.

D. H. Edey, City Clerk; and A.B. Maurer, City Manager, answered Council's questions.

CARRIED

FOR THE AMENDMENT:S. Mandel; B. Anderson, R. Hayter, K. Krushell,
K. Leibovici, M. Nickel, M. Phair.

OPPOSED:J. Batty, T. Cavanagh, E. Gibbons, J. Melnychuk,
L. Sloan, D. Thiele.

MOTION OF COUNCILLOR K. LEIBOVICI, AS AMENDED, put:

That the following motion be referred back to Executive Committee to explore and report to Council on

a.The role and financial commitment of the Province.

b.The cost-sharing policy for streetscape improvements.

  1. The investigation of city-wide design competition for the streetscape on Capital Boulevard with the commensurate prize to be determined by the Executive Committee.

MOVED M. Phair - D. Thiele (Made at the November 30, 2004, City Council meeting):

  1. That the revised plan for the 108 Street Streetscape project from
    99 Avenue to 104 Avenue be approved (05-17-0339).
  2. That the cost of this Streetscape project be cost shared 50/50 between the property owners and the City of Edmonton.
  3. That the October 13, 2004, Planning and Development Department report 2004PDP041, be received for information.

LOST

FOR THE MOTION

AS AMENDED:S. Mandel; R. Hayter, K. Krushell, K. Leibovici,
M. Nickel.

OPPOSED:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
J. Melnychuk, M. Phair, L. Sloan, D. Thiele.

AMENDMENT MOVED J. Melnychuk – D. Thiele:

That a part 4 be added as follows:

4.That Administration continue to pursue discussions with the Province and that a report on those discussions return to City Council when the Bylaw returns.

CARRIED

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

OPPOSED:M. Nickel.

MOTION ON L.2.b., AS AMENDED, put:

  1. That the revised plan for the 108 Street Streetscape project from 99 Avenue to 104 Avenue be approved (05-17-0339).
2.That the cost of this Streetscape project be cost shared 50/50 between the property owners and the City of Edmonton.
3.That the October 13, 2004, Planning and Development Department report 2004PDP041, be received for information.
4.That Administration continue to pursue discussions with the Province and that a report on those discussions return to City Council when the Bylaw returns. / Planning & Dev.
Due: To be determined

CARRIED

FOR THE MOTION

AS AMENDED:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
K. Krushell, J. Melnychuk, M. Nickel, M. Phair,
L. Sloan, D. Thiele.

OPPOSED:S. Mandel; R. Hayter, K. Leibovici.

Future Streetscape Improvements – Design Competitions

MOVED J. Melnychuk – M. Phair:

That Administration prepare a report for Transportation and Public Works Committee on the possibilities of design competitions for future streetscape projects throughout the city. / Transportation & Streets
TPW Committee
Due: Feb. 1, 2005

D. H. Edey, City Clerk; A.B. Maurer, City Manager, answered Council's questions.