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City Council

Meeting Minutes1 of 35

November 16, 2004, mj

CITY COUNCIL MINUTES

Tuesday, November 16, 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 9:33 a.m.

OPENING PRAYER

JamesE.Logan, President, Edmonton Interfaith Centre for Education and Action, led the assembly in prayer.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.a.Presentation of Prayer Book

On behalf of the Edmonton Interfaith Centre, J.Logan introduced Sister RosaleenZdunich, past co-ordinator of the Edmonton Interfaith Centre for Education and Action; and PremKalia and Rabbi Lindsay Bat Joseph, members of the board of directors and friends of the Edmonton Interfaith Centre. Mayor S.Mandelwas presented with a book of prayers in honour of the City of Edmonton’s centennial.

A.2.ADOPTION OF AGENDA

MOVED M.Phair – J.Melnychuk:

That the November 16, 2004, City Council meeting agenda be adopted with the following changes:

  1. ADDITIONS

E.1.e.2004 Provincial Election – Responses to Council’s Questions

E.1.g.Notice of Intention to Designate the JohnMcNeill Residence located at 11217-97 Street as a Municipal Historic Resource

E.1.h.Email dated August 10, 2004, from JamiDrake Requesting an Adjustment on the Penalty Assessed to Tax Roll No. 4078127

E.1.i.Incorrect Property Assessment

E.1.j.Budget Implications if Tax Revenue is Increased by CPI Rather than MPI

E.1.k.September 30, 2004, Projected Year-end Operating and Capital Results

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

b.REQUEST FOR POSTPONEMENT

G.1.b.License Agreement: Northern League in Edmonton Inc.

That the October 25, 2004, Asset Management and Public Works Department report 2004PWL117 be postponed to the November 30, 2004, City Council meeting at 11 a.m. / AMPW
Due:Nov. 30, 2004
11 a.m.

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 followingmeeting minutes be adopted:

  • September 13/15, 2004, City Council Public Hearing
  • September 14, 2004, City Council
  • October 4, 2004, SpecialCity Council Public Hearing
  • October 26, 2004, Inaugural City Council
  • October 27, 2004, Special City Council
  • November 2, 2004, City Council Public Hearing
  • November 3, 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.bEdmonton Huskies (B.Anderson)

On behalf of City Council, Councillor B.Anderson congratulated Edmonton Huskies on recently winning junior football’s Canadian Bowl over the Okanagan Sun.

A.4.a.FormerCityCouncillor JulianKinisky (S.Mandel)

On behalf of City Council, Mayor S.Mandel extended condolences to the family of former City Councillor Julian Kinisky, who recently passed away.

JulianKinisky served as a Member of City Council for seven years, representing Ward 3.

He will be remembered for his love of Edmonton, his contributions to City Council and to our broader community.

A.4.dCommunities in Bloom (S.Mandel)

At the recent 2004 Communities in Bloom National Awards Ceremony held in Charlottetown, Prince Edward Island, Edmonton received five “blooms” – the highest award in the Canadian Capitals category.

On behalf of City Council, Mayor S.Mandelacknowledged the efforts of SandraSchulz, President of the Edmonton Horticultural Society; KarenKennedy of CUPW; TheresaWilliams of Canada Post and VickiVandenberg of the Horticultural Society.

Since the program’s inception ten years ago, both Councillor M. Phair and John Helder, Principal of Horticulture, Community Services Department, have been very involved and were also recognized for their contribution.

A.4.eWelcome to Guests from Tomé, Chile (S.Mandel)

On behalf of City Council, Mayor S.Mandel welcomed the Chief of the Mayor’s Cabinet and Chief Administrator, JorgeNegretePascal, and introduced Operations Program Manager Nicanor Hinojosa. These two gentleman are visiting Edmonton from Tomé, Chile, as part of a Climate Change Exchange Program between North and Latin American cities.

B.PROCEDURAL MATTERS

B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

Council exempted the following items for debate: D.2.a., D.2.b., D.2.c., D.2.d., E.1.a., E.1.b., E.1.c., E.1.e., E.1.h., E.1.i., E.1.j., F.1.a., F.1.b., G.1.a., H.1.a., I.1.a. and in-private item E.1.f.

MOVED T.Cavanagh – M.Phair:

D.3.STATUS OF REPORTS 

D.3.a.Funding Strategies South LRT New Federal Deal

That the revised due date of November 30, 2004, be approved. / Corporate Svcs.
Due: Nov. 30, 2004

D.3.b.Report on the Sale of the Four Designated Sites Acquired through Development Agreements for Future Social Housing Development

That the revised due date of December 14, 2004, be approved. / Community Svcs.
Due: Dec. 14, 2004

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.d.Change to Orders of the Day, November 30, 2004, City Council Meeting 

That the Orders of the Day for the November 30, 2004, City Council meeting be changed so that the meeting adjourn at 6 p.m. / City Manager

E.1.g.Notice of Intention to Designate the JohnMcNeill Residence located at 11217 – 97 Street as a Municipal Historic Resource 

  1. That the City Clerk be authorized to serve a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the September 24, 2004, Planning and Development Department report 2004PDP127) to the owner of the property occupied by the John McNeill Residence located at 11217 - 97 Street in accordance with Section 26 of the Historical Resources Act.
  1. That the General Manager of the Planning and Development Department be hereby appointed to implement matters arising from the issuance of the Notice of Intention to Designate the John McNeill Residence.
3.That funding of $25,000 for this project be provided from the Heritage Reserve Fund. / City Manager
Planning & Dev.
Corporate Svcs.

E.1.k.September 30, 2004, Projected Year-end Operating and Capital Results 

That the October 28, 2004, Corporate Services Department report 2004COF116 be received for information. / Corporate Svcs.

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

That the citizen-at-large appointment recommendations, as outlined in Attachment 1 of the November 4/15, 2004, Special Executive Committee report, be approved for terms as shown. / 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.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE

L.BYLAWS

L.1.a.Bylaw 13826 - To authorize the City of Edmonton to undertake, construct, and finance Land Drainage Project, Rehabilitation of Storm Outfall No. 44 

PURPOSE

To authorize the City of Edmonton to undertake, construct, and finance Land Drainage Project, Rehabilitation of Storm Outfall No. 44 in the amount of $2,300,000.

MOVED J. Batty – J.Melnychuk:

That Bylaw 13826 be read a first time. / Corporate Svcs.

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.

L.2.a.Bylaw 13822 - To authorize the City of Edmonton to lend money to a controlled corporation, Edmonton Economic Development Corporation 

PURPOSE

The purpose of this Bylaw is to lend money to a controlled corporation, Edmonton Economic Development Corporation (EEDC).

L.2.b.Bylaw 13824 - To authorize the City of Edmonton to purchase, install, and finance Mechanical and Electrical Upgrades under the Energy Management Revolving Fund 

PURPOSE

To authorize the City of Edmonton to purchase, install, and finance Mechanical and Electrical Upgrades under the Energy Management Revolving Fund in the amount of $3,500,000.

MOVED J. Batty – J.Melnychuk:

That Bylaws 13822 and 13824 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 J. Batty – J.Melnychuk:

That Bylaws 13822 and 13824 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.

(L.2.a. continued on page 12)

B.2.TIME SPECIFICS AND DECISION TO HEAR

MOVED B.Anderson – E.Gibbons:

That the following item be made time specific for 10:30 a.m.:

E.1.c. Sale of The Edmonton Trapper Baseball Club

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.Child Care/Child Services – New Deal (M.Phair)

“The Federal Government has identified child care/child services as a major new national initiative and that it is also a part of the New Deal for Cities.
I would like the following information:
  1. What information/knowledge about this initiative is Administration aware of?
  2. How might the City of Edmonton participate in and benefit from this initiative?
  3. What work has the City done on this issue/what work should the City be doing?
I would like this inquiry to return to the Community Services Committee.” / Community Svcs.
CS Committee
Due: Jan. 10, 2005

D.1.b.Wetlands – Drainage (M.Phair)

“Over the past number of years, the Drainage Branch has incorporated natural wetlands, engineered wetlands and ponds into the City’s drainage system.
I would like the following information from Administration:
  1. How many “natural areas – wetlands” have been incorporated or considered for incorporation into the City’s drainage system?
  2. How have such lands been acquired by the City?
  3. What benefits do such wetlands/ponds have to the drainage system, the neighbourhood and the City?
  4. Has the Drainage Branch identified wetlands/ponds in the City’s table lands that could become part of the City’s drainage system? If not, could this be done?
I would like this inquiry to return to the Transportation and Public Works Committee.” / AMPW
TPW Committee
Due: Jan. 11, 2005
D.1.b. cont.
AMPW
TPW Committee
Due: Jan. 11, 2005

D.1.c.Tax Revenue (J.Melnychuk)

“During the recent civic election a variety of taxing and revenue sources were discussed.
I would ask that Administration report back to Executive Committee on the following:
1.What is 1 percent of the total income tax dollars that the Province collects from citizens and corporations?
2.What would be the per capita amount based on the above?
3.Can we determine an approximate contribution from the citizens and corporations of the City of Edmonton to the income tax revenue?
4.What would 1, 2 or 3 percent of this income tax revenue equal in dollars?
Please include any other information that Administration finds relevant.” / Corporate Svcs.
Exec. Committee
Due: Jan. 12, 2005

D.1.d.Composter – Status of Legal Action (R.Hayter)

“In 2003, I raised the questions about major deficiencies in the composter, including defective and leaking drums, leading to expensive repairs. In response, Administration indicated that a Statement of Claim had been filed, seeking $2.5 million in damages against TransAlta Energy Marketing Corporation and other defendants.
I would like a report indicating where this legal action stands at the moment.” / AMPW
Due: Jan. 18, 2005

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Fireplace/Firepit Complaints (R.Hayter) 

MOVED R.Hayter – M.Phair:

That the October 14, 2004, Emergency Response Department report 2004ERD015 be referred to the January 10, 2005, Community Services Committee meeting. / Emergency Response
CS Committee
Due: Jan. 10, 2005

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.2.b.Motorcycle Usage (M.Phair) 

MOVED M.Phair – J.Melnychuk:

That the August 26, 2004, Edmonton Police Service report 2004P0PC09 be referred to the January 10, 2005, Community Services Committee meeting. / Police Commission
CS Committee
Due: Jan. 10, 2005

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.2.c.Neighbourhood Rehabilitation (M.Phair) 

MOVED M.Phair – J.Melnychuk:

That the October 6, 2004 Transportation and Streets Department report 2004TS6891 be referred to the January 11, 2005, Transportation and Public Works Committee meeting. / Transportation & Streets
TPW
Due: Jan. 11, 2005

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.2.d.Legacy Fund from the World Championships in Athletics (B.Smith) 

MOVED M.Phair – J.Melnychuk:

That the October 26, 2004, Office of the City Manager report 2004CMO077 bereferred to the January 12, 2005, Executive Committee meeting. / City Manager
EC Committee
Due: Jan. 12, 2005

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.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Corporate Wins Fall 2004 

A. B.Maurer, City Manager, made a presentation and answered Council's questions.

MOVED B.Anderson – D. Thiele:

That the October 13, 2004, Corporate Services Department report 2004COCO14 be received for information. / Corporate Svcs.

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

CARRIED

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

ABSENT:B.Anderson.

(L.2.a. continued from page 7)

L.BYLAWS

L.2.a.Bylaw 13822 - To authorize the City of Edmonton to lend money to a controlled corporation, Edmonton Economic Development Corporation 

MOVED J. Batty – M.Phair:

That the loan agreement between the City of Edmonton and Edmonton Economic Development Corporation, as provided in Attachment 2 of the October 7, 2004, Corporate Services report 2004COF103, be approved. / Corporate Svcs.

CARRIED

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

ABSENT:B.Anderson.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Jubilee Auditoria Foundation Request for Sponsorship 

With the unanimous consent of all Members of Council, Councillor M.Phair withdrew the following motion made at the August 31, 2004, City Council meeting.

MOVED M.Phair – D. Thiele:

  1. That Administration be directed to include a budget package of up to $650,000 for the Jubilee Auditoria Foundation sponsorship for Council’s consideration in the 2005 one-time operating budget.
  2. That, pending approval of sponsorship funding, the Jubilee Auditoria Foundation be requested to give appropriate name recognition to the City of Edmonton (e.g., piano, main stage or other options).

WITHDRAWN

MOVED T.Cavanagh – R.Hayter:

That the October 14, 2004, Corporate Services Department report 2004COC015 be received for information.

D. Schneider, Corporate Services Department, answered Council's questions.

MOVED L.Sloan – M.Phair:

That the following motion be referred back to Administration to bring back alternative proposals to City Council:

MOVED T.Cavanagh – R.Hayter (Made at the November 16, 2004 City Council Meeting):

That the October 14, 2004, Corporate Services Department report 2004COC015 be received for information.

D. Schneider, Corporate Services Department, answered Council's questions.

AMENDMENT MOVED B.Anderson – K.Leibovici:

That after the words “alternative proposals to City Council”the words “and that the report include delineation of all City costs being made in the name of the provincial centennial”be added.

CARRIED

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

OPPOSED:R.Hayter, M. Nickel.

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

MOTION ON ITEM E.1.b, AS AMENDED, put:

That the following motion be referred back to Administration to bring back alternative proposals to City Council and that the report include delineation of all City costs being made in the name of the provincial centennial:
MOVED T.Cavanagh – R.Hayter (Made at the November 16, 2004 City Council Meeting):
That the October 14, 2004, Corporate Services Department report 2004COC015 be received for information. / Corporate Svcs.
Due: Jan. 18, 2005

CARRIED

FOR THE MOTION

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

OPPOSED:R.Hayter, M. Nickel.

E.1.c.Sale of The Edmonton Trapper Baseball Club 

MOVED T.Cavanagh – D. Thiele:

  1. That a cash payment by the Edmonton Trapper Baseball Club of
    $2 million, as compensation to the City for allowing the early termination of the License Agreement for Telus Field, be approved.
  2. That $500,000 of the City’s portion of the net sale proceeds be allocated to Telus Field for the replacement of the artificial turf and other facility improvements.
  3. That $1.5 million of the City’s portion of the cash payment be tentatively allocated to the installation of artificial turf at Clarke Stadium, subject to the results of community and stakeholder consultation.
  4. That Administration report in early 2005 on the results of the community and stakeholder consultation and table recommendations on the final disposition of the $1.5 million of the cash payment for multi-purpose sports initiatives at Joe Clarke Athletic Grounds.

A. B.Maurer, made a presentation.

MOVED B.Anderson – J.Melnychuk

That Council hear from H.Campbell and R.LeLacheur, Edmonton Eskimo Football Club.

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.

H.Campbell, Edmonton Eskimo Football Club, answered Council's questions.

L.Cochrane, Community Services Department; and A.B.Maurer, City Manager, answered Council's questions.

MOVED T.Cavanagh – D. Thiele:

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

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.

L.Cochrane, Community Services Department, answered Council's questions.

H.Campbell and R.LeLacheur, Edmonton Eskimo Football Club, answered Council's questions.

D. H. Edey, City Clerk; E. Ehrman, Community Services Department; and A.B.Maurer, City Manager, answered Council's questions.

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

PART 1 OF MOTION, put:

  1. That a cash payment by the Edmonton Trapper Baseball Club of
    $2 million, as compensation to the City for allowing the early termination of the License Agreement for Telus Field, be approved.

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.

PART 2 OF MOTION, put:

  1. That $500,000 of the City’s portion of the net sale proceeds be allocated to Telus Field for the replacement of the artificial turf and other facility improvements.

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.