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City Council Public Hearing

Meeting Minutes1 of 14

September 12, 2005, ak

CITY COUNCIL PUBLIC HEARING MINUTES

Monday, September 12, 2005

PRESENT:B.Anderson, J. Batty, T.Cavanagh, E.Gibbons, R.Hayter, K.Krushell, K.Leibovici, J.Melnychuk, M. Nickel, M.Phair, L.Sloan, D. Thiele.

ABSENT:S.Mandel.

ALSO IN ATTENDANCE:

K.Fung, Corporate Services Department (Law)
J.Wright, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Deputy Mayor M. Nickel called the meeting to order at 1:35 p.m.

Mayor S.Mandel and Councillors B. Anderson and T.Cavanagh were absent.

A.2.ADOPTION OF AGENDA

MOVED M.Phair – D. Thiele:

That the September 12, 2005, City Council Public Hearing meeting agenda be adopted.

CARRIED

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

ABSENT:S.Mandel; B.Anderson, T.Cavanagh.

Councillors B.Anderson and T.Cavanagh entered the meeting.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Deputy Mayor M. Nickel explained the public hearing process.

A.6.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:

Deputy Mayor M. Nickel asked if there was any objection to Bylaws 14085 and 14086 being read together. No one objected.

L.BYLAWS

L.1.a.Bylaw 14085 – To close a portion of the undeveloped 160 Avenue, located east of 95 Street, EauxClaires

L.1.b.Bylaw 14086 – To amend the Zoning Bylaw from (AG) Agricultural Zone and (AGU) Urban Reserve Zone to (RF1) Single Detached Residential Zone; located south of the proposed 160 Avenue alignment and east of 95 Street, Eaux Claires

There were no persons present to speak to the passing of Bylaws 14085 and 14086.

L.1.c.Bylaw 14088 – To amend the Zoning Bylaw from (RSL) Residential Small Lot Zone and (RPL) Planned Lot Residential Zone to (RSL) Residential Small Lot Zone and (RF4) Semi-detached Residential Zone; located north of Anthony Henday Drive NW and east of
156 Street NW, South Terwillegar

S. O’Byrne, Stantec Consulting Ltd., was in attendance to answer questions in favour of the passing of Bylaw 14088.

L.1.d.Bylaw 14089 – To amend the Zoning Bylaw and Appendix I to Section 930 – Special Area Ellerslie Industrial from (AG) Agricultural Zone and (AGI) Industrial Reserve Zone to (EIB) Ellerslie Industrial Business Zone and (US) Urban Services Zone; located south of Ellerslie Road (9 Avenue SW) and east of 101 Street SW, Ellerslie, Summerside

L. Gibson, Carma Developers Ltd., was in attendance to answer questions in favour of the passing of Bylaw 14089.

L.1.e.Bylaw 14090 – To amend the Zoning Bylaw from (IS) Special Industrial Zone to (PU) Public Utility Zone; located north of
55 Avenue NW and east of 50 Street NW, Pylypow Industrial

There were no persons present to speak to the passing of Bylaw 14090.

L.1.f.Bylaw 14091 – To close a portion of road right-of-way, located north of 111 Avenue and east of 122 Street, Inglewood

There were no persons present to speak to the passing of Bylaw 14091.

L.1.a.Bylaw 14085 – To close a portion of the undeveloped 160 Avenue, located east of 95 Street, EauxClaires

L.1.b.Bylaw 14086 – To amend the Zoning Bylaw from (AG) Agricultural Zone and (AGU) Urban Reserve Zone to (RF1) Single Detached Residential Zone; located south of the proposed 160 Avenue alignment and east of 95 Street, Eaux Claires

L.1.c.Bylaw 14088 – To amend the Zoning Bylaw from (RSL) Residential Small Lot Zone and (RPL) Planned Lot Residential Zone to (RSL) Residential Small Lot Zone and (RF4) Semi-detached Residential Zone; located north of Anthony Henday Drive NW and east of
156 Street NW, South Terwillegar

L.1.f.Bylaw 14091 – To close a portion of road right-of-way, located north of 111 Avenue and east of 122 Street, Inglewood

MOVED B.Anderson – D. Thiele:

That the public hearing on Bylaws14085, 14086, 14088 and 14091 be closed.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – D. Thiele:

That Bylaws 14085, 14086, 14088 and 14091 be read a first time.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – D. Thiele:

That Bylaws 14085, 14086, 14088 and 14091 be read a second time.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – D. Thiele:

That Bylaws 14085, 14086, 14088 and 14091 be considered for third reading.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – D. Thiele:

That Bylaws 14085, 14086, 14088 and 14091 be read a third time. / Distribution List

Carried

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

ABSENT:S.Mandel.

L.1.d.Bylaw 14089 – To amend the Zoning Bylaw and Appendix I to Section 930 – Special Area Ellerslie Industrial from (AG) Agricultural Zone and (AGI) Industrial Reserve Zone to (EIB) Ellerslie Industrial Business Zone and (US) Urban Services Zone; located south of Ellerslie Road (9 Avenue SW) and east of 101 Street SW, Ellerslie, Summerside

S.Fekner, Planning and Development Department, answered Council's questions.

Deputy Mayor M. Nickel asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED B.Anderson – L.Sloan:

That the public hearing on Bylaw 14089 be closed.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – L.Sloan:

That Bylaw 14089 be read a first time.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – L.Sloan:

That Bylaw 14089 be read a second time.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – L.Sloan:

That Bylaw 14089 be considered for third reading.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – L.Sloan:

That Bylaw 14089 be read a third time. / Distribution List

Carried

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

ABSENT:S.Mandel.

L.1.e.Bylaw 14090 – To amend the Zoning Bylaw from (IS) Special Industrial Zone to (PU) Public Utility Zone; located north of
55 Avenue NW and east of 50 Street NW, Pylypow Industrial 

S.Fekner, Planning and Development Department, answered Council's questions.

Deputy Mayor M. Nickel asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED B.Anderson – J.Melnychuk:

That the public hearing on Bylaw 14090 be closed.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – J.Melnychuk:

That Bylaw 14090 be read a first time.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – J.Melnychuk:

That Bylaw 14090 be read a second time.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – J.Melnychuk:

That Bylaw 14090 be considered for third reading.

Carried

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

ABSENT:S.Mandel.

MOVED B.Anderson – J.Melnychuk:

That Bylaw 14090 be read a third time. / Distribution List

Carried

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

ABSENT:S.Mandel.

Orders of the Day were called.

Council recessed at 1:52 p.m.

Council reconvened at 2 p.m.

Deputy Mayor M. Nickel presided.

Mayor S.Mandel and Councillors M. Phair and D. Thiele were absent.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Deputy Mayor M. Nickel explained the public hearing process.

A.6.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:

Deputy Mayor M. Nickel asked if there was any objection to Bylaws 14078 and 14079 being read together. No one objected.

L.BYLAWS

L.1.g.Bylaw 14078 – To amend Bylaw 11777, as amended, the Edmonton Municipal Development Plan 

L.1.h.Bylaw 14079 – To adopt the Ebbers Neighbourhood Area Structure Plan 

G. Balko, Bel-MK Engineering Ltd. (to answer questions); A.Preiksaitis, ArminA.Preiksaitis and Associates Ltd.; B. S. Gettel, Gettel Appraisals Ltd.; and L. Busse were in attendance to speak in favour of the passing of Bylaws 14078 and 14079.

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

A.Preiksaitis, ArminA.Preiksaitis and Associates Ltd., made a presentation and answered Council's questions. Copies of a handout provided by A.Preiksaitis were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

B. Gettel, Gettel Appraisals Ltd.; and L.Busse made presentations and answered Council's questions.

G. Balko, Bel-MK Engineering Ltd., answered Council's questions. Copies of an e-mail provided by G.Balko were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

Orders of the Day were called.

Council recessed at 3:30 p.m.

Council reconvened at 3:52 p.m.

Deputy Mayor M. Nickel presided.

Mayor S.Mandel and Councillors J. Batty, R.Hayter, J.Melnychuk, M.Phair and D. Thiele were absent.

A.Preiksaitis, ArminA.Preiksaitis and Associates Ltd., answered Council's questions.

Councillor J.Melnychuk entered the meeting.

M.Huberman, Bunt and Associates, answered Council's questions.

Councillors J. Batty, R.Hayter and D. Thiele entered the meeting.

A.Preiksaitis, ArminA.Preiksaitis and Associates Ltd., answered Council's questions.

B. Latte, Transportation and Streets Department; C. Raftis, Planning and Development Department; and K. Fung, Corporate Services Department (Law), answered Council's questions.

Deputy Mayor M. Nickel asked if there was any new information anyone in attendance wished to address.

A.Preiksaitis, ArminA.Preiksaitis and Associates Ltd., made a further presentation and answered Council's questions.

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

Deputy Mayor M. Nickel asked if there was any new information anyone in attendance wished to address. No one responded.

MOVED T.Cavanagh – E.Gibbons:

That Bylaws 14078 and 14079 be read a first time.

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

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

MOTION ON BYLAW 14078, put:

That Bylaw 14078 be read a first time.

Carried

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel.

OPPOSED:R.Hayter, L.Sloan, D. Thiele.

ABSENT:S.Mandel; M.Phair.

MOVED T.Cavanagh – E.Gibbons:

That the public hearing on Bylaw 14078 be closed.

Carried

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

ABSENT:S.Mandel; M.Phair.

MOVED T.Cavanagh – E.Gibbons:

That Bylaw 14078 be read a second time.

Carried

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel.

OPPOSED:R.Hayter, L.Sloan, D. Thiele.

ABSENT:S.Mandel; M.Phair.

MOVED T.Cavanagh – E.Gibbons:

That Bylaw 14078 be considered for third reading.

RECONSIDERED

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
R. Hayter, K. Krushell, K. Leibovici, J. Melnychuk,
M. Nickel, D. Thiele.

OPPOSED:L.Sloan.

ABSENT:S.Mandel; M.Phair.

MOVED J. Batty – K.Krushell:

That the following motion be reconsidered:

MOVED T.Cavanagh – E.Gibbons:

That Bylaw 14078 be considered for third reading.

CARRIED

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

ABSENT:S.Mandel; M.Phair.

MOVED T.Cavanagh – E.Gibbons:

That Bylaw 14078 be considered for third reading.

CARRIED

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

ABSENT:S.Mandel; M.Phair.

MOVED T.Cavanagh – E.Gibbons:

That Bylaw 14078 be read a third time. / Distribution List

Carried

FOR THE MOTION:B. Anderson, J. Batty, T. Cavanagh, E. Gibbons,
K. Krushell, K. Leibovici, J. Melnychuk, M. Nickel.

OPPOSED:R.Hayter, L.Sloan, D. Thiele.

ABSENT:S.Mandel; M.Phair.

MOVED J.Melnychuk – J. Batty:

That the following Motion on the Floor and Bylaw 14079 be referred back to Administration,to return when a bylaw amendment for the area south of 144 Avenue (Clareview Business Park) has been submitted to Planning and Development Department, and that Administration:

  1. discuss with the proponent mitigating measures to address traffic and parking impacts north of the park site.

MOVED T.Cavanagh – E.Gibbons:

That Bylaw 14079 be read a first time.

C.Raftis, Planning and Development Department; K.Fung, Corporate Services Department (Law); and B. Latte, Transportation and Streets Department, answered Council's questions.

MOVED L.Sloan – K.Leibovici:

That Orders of the Day be extended until no later than 6 p.m.

CARRIED

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

OPPOSED:D. Thiele.

ABSENT:S.Mandel; M.Phair.

AMENDMENT MOVED K.Leibovici – D. Thiele:

That parts 2, 3, 4 and 5 be added, as follows:

  1. negotiate with the proponent the provision of bus service;
  2. negotiatewith the proponent the connectivity between Ebbers and the Clareview LRT/Kirkness, such as a pedestrian overpass;
  3. negotiate with the proponent the removal of all residential development immediately west of the railroad track; and
  4. return with a proposed amendment that includes sound retention measures on arterial roadways similar to what is in place with the Southeast Area Structure Plan.

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

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

PART 2 OF THE AMENDMENT, put:

  1. negotiate with the proponent the provision of bus service;

Carried

FOR THE AMENDMENT:B. Anderson, J. Batty, T. Cavanagh, R. Hayter,
K. Krushell, K. Leibovici, M. Nickel, L. Sloan,
D. Thiele.

OPPOSED:E.Gibbons, J.Melnychuk.

ABSENT:S.Mandel; M.Phair.

PART 3 OF THE AMENDMENT, put:

  1. negotiate with the proponent the connectivity between Ebbers and the Clareview LRT/Kirkness, such as a pedestrian overpass;

Carried

FOR THE AMENDMENT:J. Batty, R.Hayter, K.Krushell, K.Leibovici,
M. Nickel, L.Sloan, D. Thiele.

OPPOSED:B.Anderson, T.Cavanagh, E.Gibbons, J.Melnychuk.

ABSENT:S.Mandel; M.Phair.

PART 4 OF THE AMENDMENT, put:

  1. negotiate with the proponent the removal of all residential development immediately west of the railroad track; and

Carried

FOR THE AMENDMENT:B. Anderson, J. Batty, R. Hayter, K. Krushell,
K. Leibovici, J. Melnychuk, M. Nickel, L. Sloan,
D. Thiele.

OPPOSED:T.Cavanagh, E.Gibbons.

ABSENT:S.Mandel; M.Phair.

PART 5 OF THE AMENDMENT, put:

  1. return with a proposed amendment that includes sound retention measures on arterial roadways similar to what is in place with the Southeast Area Structure Plan.

Carried

FOR THE AMENDMENT:B. Anderson, J. Batty, R. Hayter, K. Leibovici,
J. Melnychuk, M. Nickel, L. Sloan, D. Thiele.

OPPOSED:T.Cavanagh, E.Gibbons, K.Krushell.

ABSENT:S.Mandel; M.Phair.

MOTION, AS AMENDED, put:

That the following Motion on the Floor and Bylaw 14079 be referred back to Administration, to return when a bylaw amendment for the area south of 144 Avenue (Clareview Business Park) has been submitted to Planning and Development Department, and that Administration:
  1. discuss with the proponent mitigating measures to address traffic and parking impacts north of the park site;
  2. negotiate with the proponent the provision of bus service;
  3. negotiate with the proponent the connectivity between Ebbers and the Clareview LRT/Kirkness, such as a pedestrian overpass;
  4. negotiate with the proponent the removal of all residential development immediately west of the railroad track; and
  5. return with a proposed amendment that includes sound retention measures on arterial roadways similar to what is in place with the Southeast Area Structure Plan.
MOVED T.Cavanagh – E.Gibbons:
That Bylaw 14079 be read a first time. / Planning & Dev.
Transportation & Streets
Due: To Be Determined

Carried

FOR THE MOTION

AS AMENDED:B. Anderson, J. Batty, R. Hayter, K. Krushell,
K. Leibovici, J. Melnychuk, M. Nickel, D. Thiele.

OPPOSED:T.Cavanagh, E.Gibbons, L.Sloan.

ABSENT:S.Mandel; M.Phair.

N.NOTICES OF MOTION

Deputy Mayor M. Nickel asked whether there were any Notices of Motion. There were none.

O.ADJOURNMENT

The meeting adjourned at 5:40 p.m.

______

MAYORCITY CLERK

______

City Council Public Hearing

Meeting Minutes1 of 14

September 12, 2005, ak

INDEX

CITY COUNCIL PUBLIC HEARING MINUTES

SEPTEMBER 12, 2005

A.CALL TO ORDER AND RELATED BUSINESS......

A.1.CALL TO ORDER......

A.2.ADOPTION OF AGENDA......

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS...... /7

A.6.CALL FOR PERSONS TO SPEAK...... /7

L.BYLAWS...... /8

L.1.a.Bylaw 14085 – To close a portion of the undeveloped 160 Avenue, located east of 95 Street, Eaux Claires /3

L.1.b.Bylaw 14086 – To amend the Zoning Bylaw from (AG) Agricultural Zone and (AGU) Urban Reserve Zone to (RF1) Single Detached Residential Zone; located south of the proposed 160 Avenue alignment and east of 95 Street, Eaux Claires /3

L.1.c.Bylaw 14088 – To amend the Zoning Bylaw from (RSL) Residential Small Lot Zone and (RPL) Planned Lot Residential Zone to (RSL) Residential Small Lot Zone and (RF4) Semi-detached Residential Zone; located north of Anthony Henday Drive NW and east of 156 Street NW, South Terwillegar /3

L.1.d.Bylaw 14089 – To amend the Zoning Bylaw and Appendix I to Section 930 – Special Area Ellerslie Industrial from (AG) Agricultural Zone and (AGI) Industrial Reserve Zone to (EIB) Ellerslie Industrial Business Zone and (US) Urban Services Zone; located south of Ellerslie Road (9 Avenue SW) and east of 101 Street SW, Ellerslie, Summerside /4

L.1.e.Bylaw 14090 – To amend the Zoning Bylaw from (IS) Special Industrial Zone to (PU) Public Utility Zone; located north of 55 Avenue NW and east of 50 Street NW, Pylypow Industrial /6

L.1.f.Bylaw 14091 – To close a portion of road right-of-way, located north of 111 Avenue and east of 122 Street, Inglewood 

L.1.g.Bylaw 14078 – To amend Bylaw 11777, as amended, the Edmonton Municipal Development Plan

L.1.h.Bylaw 14079 – To adopt the Ebbers Neighbourhood Area Structure Plan 

N.NOTICES OF MOTION......

O.ADJOURNMENT......