Minutes for City Council October 16, 2003 Meeting

______

Special City Council Public Hearing

Meeting Minutes1

October 16/29/30 2003, ak, sam

SPECIAL CITY COUNCIL PUBLIC HEARING MINUTES

Thursday, October 16, 2003

Wednesday, October 29, 2003
Thursday, October 30, 2003

PRESENTB. 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:

G. Heaton, Corporate Services Department (Law)
J. Wright, 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 1:30 p.m.

Councillors B. Anderson, A. Bolstad, K. Leibovici, S. Mandel and D. Thiele were absent.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – J. Melnychuk:

That the October 16, 2003, Special City Council Public Hearing meeting agenda be adopted.

CARRIED

FOR THE MOTION:B. Smith; J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, L. Langley, J. Melnychuk, M. Phair.

ABSENT: B. Anderson, A. Bolstad, K. Leibovici, S. Mandel,
D. Thiele.

A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

A.5.CALL FOR PERSONS TO SPEAK

J. Wright, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

Mayor B. Smith asked if there was any objection to item E.1.a. and Bylaw 13499 being read together. No one objected.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.ADOPTION OF AN AMENDMENT TO THE CASTLE DOWNS OUTLINE PLAN (Baranow Area) 

L.BYLAWS

L.1.a.Bylaw 13499 - To amend the Zoning Bylaw from (IB) Industrial Business Zone to (US) Urban Services Zone; located east of 127 Street and north of 145 Avenue, Baranow 

PURPOSE

To accommodate the development of a private school on the western portion of the rezoning area and associated sports fields on the eastern portion of the rezoning area.

L. Shaben, Chairman, Edmonton Council of Muslim Communities; S. Rolingher; J. Andrew,
R. Scheffer and D. Towle, Scheffer Andrew Ltd.; A. Siddiqui; D. Murray; E. Murray; A. Kadri; N. Abou-Absi; Z. Aboultaif; N. Umarji; R. Sandhu; D. Weideman, Form Developments Ltd.;
T. el Soukkary; S. Barr, Barr Ryder Architects; S. Tarrabain; A. Pirbhai (in favour); and
R. Noce, Duncan & Craig; G. Klyashitsky; J. Deslauriers; D. Keller; D. Haldane, Parlee McLaws; and S. Bachand (in opposition) were in attendance to speak to the passing of item E.1.a. and Bylaw 13499.

Councillors A. Bolstad and D. Thiele entered the meeting.

C. Raftis, Planning and Development Department, made a presentation.

Councillors B. Anderson and K. Leibovici entered the meeting.

L. Shaben, Chairman, Edmonton Council of Muslim Communities, made a presentation and answered Council’s questions. S. Rolingher made a presentation. J. Andrew, Scheffer Andrew Ltd., made a presentation and answered Council’s questions. R. Scheffer, Scheffer Andrew Ltd.; A. Siddiqui; D. Murray; A. Kadri; N. Abou-Absi; and E. Waugh made presentations.
D. Weideman, Form Developments Ltd., made a presentation and answered Council’s questions. T. el Soukkary; S. Tarrabain; and A. Pirbhai made presentations. S. Barr, Barr Ryder Architects, made a presentation and answered Council’s questions.

R. Noce, Duncan & Craig, made a presentation and answered Council’s questions. Copies of
R. Noce’s handout were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

L.1.b.Bylaw 13500 - To amend Bylaw 11400, as amended, being the Capital City Downtown Plan 

L.1.c.Bylaw 13501 - 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 

L.1.d.Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown 

MOVED M. Phair – J. Batty:

That items L.1.b., L.1.c. and L.1.d. be dealt with at 7 p.m. at the earliest.

CARRIED

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

OPPOSED:L. Langley.

ABSENT: E. Gibbons, S. Mandel, D. Thiele.

Orders of the Day were called.

Council recessed at 3:30 p.m.

Council reconvened at 3:55 p.m.

Councillors J. Batty and S. Mandel were absent.

G. Klyashitsky made a presentation.

Councillor J. Batty entered the meeting.

J. Deslauriers made a presentation. D. Keller; D. Haldane, Parlee McLaws; and W. Podlozniuk made presentations and answered Council’s questions. L. Podlozniuk answered Council’s questions. S. Bachand made a presentation and answered Council’s questions.

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.142 Avenue Upgrade

MOVED A. Bolstad – R. Hayter:

1. From the landowners in the North Baranow area as a part of their storm drainage servicing costs for an amount that would otherwise be used to replace the existing 142 Avenue following the installation of their storm sewer line beneath 142 Avenue.

2. From City-owned lands and existing development along 142 Avenue through the collector roadway rehabilitation program XX-66-1050.

3. From future development taking access from 142 Avenue to pay the costs associated with their frontage at the time of development, or the time of roadway construction.

G. Heaton, Corporate Services Department (Law); C. Raftis, Planning and Development Department; B. Latte, Transportation and Streets Department; and D. H. Edey, City Clerk, answered Council’s questions.

MOVED B. Anderson – E. Gibbons:

That the following motion be dealt with upon completion of Item L.1.a. – Bylaw 13499:

MOVED A. Bolstad – R. Hayter (Made at the October 16/29/30, 2003 City Council meeting):

2. From City-owned lands and existing development along 142 Avenue through the collector roadway rehabilitation program XX-66-1050.

3. From future development taking access from 142 Avenue to pay the costs associated with their frontage at the time of development, or the time of roadway construction.

G. Heaton, Corporate Services Department (Law), answered Council’s questions.

CARRIED

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

OPPOSED:A. Bolstad, R. Hayter.

ABSENT: S. Mandel.

(continued on page 7)

C. Raftis, Planning and Development Department; and B. Latte, Transportation and Streets Department, answered Council’s questions.

MOVED M. Phair – A. Bolstad:

That Orders of the Day be extended to complete item E.1.a. and Bylaw 13499.

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 asked if there was any new information anyone in attendance wished to address.

J. Andrew, Scheffer Andrew Ltd., made a further presentation and answered Council’s questions. D. Haldane, Parlee McLaws; N. Umarji; and R. Scheffer, Scheffer Andrew Ltd., made further presentations.

Mayor B. Smith asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED T. Cavanagh – J. Melnychuk:

That the public hearing on item E.1.a. and Bylaw 13499 be closed.

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 T. Cavanagh – J. Melnychuk:

That Bylaw 13499 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 T. Cavanagh – J. Melnychuk:

That Bylaw 13499 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 T. Cavanagh – J. Melnychuk:

That Bylaw 13499 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 T. Cavanagh – J. Melnychuk:

That Bylaw 13499 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.

MOVED L. Langley – E. Gibbons:

That the Castle Downs Outline Plan (Baranow Area) be amended, as outlined in Attachment 3 (of the September 8, 2003, Planning and Development Department report). / Planning & Dev.

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.

(continued from page 4)

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.142 Avenue Upgrade

B. Latte, Transportation and Streets Department, answered Council’s questions.

MOTION ON ITEM G.1.a., put:

That 142 Avenue be upgraded from rural to urban collector standard at the time of servicing the North Baranow Area (North Baranow is defined as "that area from approximately 142 Avenue north to the TransAlta right-of-way at approximately 151 Avenue (TransAlta right-of-way) east of 127 Street."), and that costs be recovered as follows:
1. From the landowners in the North Baranow area as a part of their storm drainage servicing costs for an amount that would otherwise be used to replace the existing 142 Avenue following the installation of their storm sewer line beneath 142 Avenue.
2. From City-owned lands and existing development along 142 Avenue through the collector roadway rehabilitation program XX-66-1050.
3. From future development taking access from 142 Avenue to pay the costs associated with their frontage at the time of development, or the time of roadway construction. / Transportation & Streets
Planning and Dev.

CARRIED

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

OPPOSED:J. Batty.

ABSENT: S. Mandel.

Orders of the Day were called.

Council recessed at 5:52 p.m.

Council reconvened at 7:08 p.m.

Councillors A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, L. Langley and S. Mandel were absent.

A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

Councillors T. Cavanagh, R. Hayter and L. Langley entered the meeting.

A.5.CALL FOR PERSONS TO SPEAK

J. Wright, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

Mayor B. Smith asked if there was any objection to Bylaws 13500, 13501 and 13502 being read together. D. Thomas, Fraser Milner Casgrain, was in opposition to Bylaw 13502 being read with Bylaws 13500 and 13501.

L.BYLAWS

L.1.b.Bylaw 13500 - To amend Bylaw 11400, as amended, being the Capital City Downtown Plan 

PURPOSE

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

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 DC1 Provision 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.

H. Worrell, Gateway Casinos Alberta Ltd.; and L. Newton, Stantec Consulting Ltd., (to answer questions); P. Pecore; and D. Thomas, Fraser Milner Casgrain (in favour); and D. Peaker; E. van der Poorten; J. Murphy, Ogilvie & Co.; B. Johns, Barry Johns Architecture Limited;
W. Champion, Central McDougall Community League; A. Gee, Downtown Edmonton Community Association; G. Smith; P. Wood; B. McCosh, Edmonton Federation of Community Leagues; D. Duggan; B. Mastrorimiano, Abbey Lane Homes; C. Buyze, 5th Street Lofts Condominium Association; and R. J. Wood (in opposition) were in attendance to speak to the passing of Bylaws 13500 and 13501.

L.1.d.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. 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.

L.1.b.Bylaw 13500 - To amend Bylaw 11400, as amended, being the Capital City Downtown Plan 

C. Raftis, Planning and Development Department, made a presentation.

P. Pecore made a presentation. D. Thomas, Fraser Milner Casgrain, made a presentation and answered Council’s questions. Copies of D. Thomas’s presentation and Project handouts were distributed to Members of Council and a copy of each was filed with the Office of the City Clerk. H. Worrell, Gateway Casinos Alberta Ltd., answered Council’s questions.

Councillor E. Gibbons entered the meeting.

Mayor B. Smith vacated the Chair and Deputy Mayor L. Langley presided.

MOVED B. Smith – J. Melnychuk:

That any Member of Council who may wish to do so be allowed to speak for an additional five minutes.

CARRIED

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

ABSENT: B. Anderson, A. Bolstad, S. Mandel.

Deputy Mayor L. Langley vacated the Chair and Mayor B. Smith presided.

D. Thomas, Fraser Milner Casgrain; and H. Worrell, Gateway Casinos Alberta Ltd., answered Council’s questions.

D. Peaker; and E. van der Poorten made presentations and answered Council’s questions. Copies of their presentations were distributed to Members of Council and a copy of each was filed with the Office of the City Clerk.

MOVED J. Batty – M. Phair:

That the October 29, 2003, Executive Committee meeting be re-scheduled to October 28, 2003, at 1:30 p.m. in Council Chamber.
That the Special City Council Public Hearing meeting continue on Bylaws 13500 and 13501 on Wednesday, October 29, 2003, from 9:30 a.m. to 5:30 p.m. and, if necessary, to continue on October 30, 2003, from 9:30 a.m. to 12 noon.

J. Wright, Office of the City Clerk, answered Council's questions.

RECONSIDERED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
L. Langley, K. Leibovici, J. Melnychuk, M. Phair.

OPPOSED:B. Smith; E. Gibbons, D. Thiele.

ABSENT: A. Bolstad, S. Mandel.

J. Wright, Office of the City Clerk; and G. Heaton, Corporate Services Department (Law), answered Council's questions.

MOVED E. Gibbons – M. Phair:

That the following motion be reconsidered:

MOVED J. Batty - M. Phair:

That the October 29, 2003, Executive Committee meeting be re-scheduled to October 28, 2003, at 1:30 p.m. in Council Chamber.
That the Special City Council Public Hearing meeting continue on Bylaws 13500 and 13501 on Wednesday, October 29, 2003, from 9:30 a.m. to 5:30 p.m. and, if necessary, to continue on October 30, 2003, from 9:30 a.m. to 12 noon.

CARRIED

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

OPPOSED:D. Thiele.

ABSENT: A. Bolstad, S. Mandel.

MOVED J. Batty – M. Phair:

That the October 29, 2003, Executive Committee meeting be re-scheduled to October 28, 2003, at 1:30 p.m. in Council Chamber.
That the Special City Council Public Hearing meeting continue on Bylaws 13500 and 13501 on Wednesday, October 29, 2003, from 9:30 a.m. to 5:30 p.m. and, if necessary, to continue on October 30, 2003, from 9:30 a.m. to 12 noon.

Members of Council requested that the motion be split for voting purposes.

MOTION ON PART 1, put:

That the October 29, 2003, Executive Committee meeting be re-scheduled to October 28, 2003, at 1:30 p.m. in Council Chamber.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, L. Langley, K. Leibovici, J. Melnychuk,
M. Phair.

OPPOSED:B. Smith; D. Thiele.

ABSENT: A. Bolstad, S. Mandel.

MOTION ON PART 2, put:

That the Special City Council Public Hearing meeting continue on Bylaws 13500 and 13501 Wednesday, on October 29, 2003, from 9:30 a.m. to 5:30 p.m. and, if necessary, to continue on October 30, 2003, from 9:30 a.m. to 12 noon.

CARRIED

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

OPPOSED:D. Thiele.

ABSENT: A. Bolstad, S. Mandel.

(continued on page 14)

L.1.d.Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown 

J. Wright, Office of the City Clerk, answered Council's questions.

MOVED J. Batty – M. Phair:

That Bylaw 13502 be postponed to the November 18, 2003, City Council Public Hearing meeting at 1:30 p.m. / Planning & Dev.
Due: Nov. 18, 2003
1:30 p.m.

CARRIED

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

ABSENT: A. Bolstad, S. Mandel.

Orders of the Day were called.

Council adjourned at 9:41 p.m.

Council reconvened on Wednesday, October 29, 2003, at 9:34 a.m.

Councillor E. Gibbons was absent.

A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

A.5.CALL FOR PERSONS TO SPEAK

J. Wright, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

Mayor B. Smith asked if there was any objection to Bylaw 13500 and Bylaw 13501 being read together. No one objected.

(continued from page 13)

L.1.b.Bylaw 13500 - To amend Bylaw 11400, as amended, being the Capital City Downtown Plan 