CITY COUNCIL MINUTES
Tuesday, July 15, 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:
A. B. Maurer, 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 9:32 a.m.
OPENING PRAYER
Mr. Dan Alexis and Mr. Frank Shannon, Aboriginal Cultural Helpers, University of Alberta Hospital, led the assembly in prayer.
A.2. ADOPTION OF AGENDA
MOVED M. Phair – J. Batty:
That the City Council agenda for the July 15, 2003, meeting be adopted with the addition of the following items:
A.3. July 14, 2003, Special City Council Meeting Minutes.
D.2.a. Position of General Manager, Corporate Services
Department (B. Smith).
H.1.a. Names Advisory Committee.
IN-PRIVATE VERBAL PRESENTATION.
CARRIED
FOR THE MOTION: B. Smith; J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
J. Melnychuk, M. Phair, D. Thiele.
ABSENT: B. Anderson, S. Mandel.
A.3. ADOPTION OF MINUTES
MOVED T. Cavanagh – D. Thiele:
That the minutes of the June 24, 2003, City Council Public Hearing meeting, the July 2, 2003, City Council meeting, the July 3/8/9, 2003, Special City Council meeting and the July 14, 2003, Special City Council meeting be adopted.
CARRIED
FOR THE MOTION: B. Smith; J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
J. Melnychuk, M. Phair, D. Thiele.
ABSENT: B. Anderson, S. Mandel.
B.1. URGENT MATTERS - PROTOCOL ITEMS
B.1.a. Welcome to the Royal Canadian Legion (B. Smith).
Mayor B. Smith, on behalf of City Council, welcomed the members of the Royal Canadian Legion.
B.1.b. Welcome to the Students from the Education for Living and Working in Canada Program, Edmonton Mennonite Centre for Newcomers
(B. Smith).
Mayor B. Smith, on behalf of City Council, welcomed the students from the Education for Living and Working in Canada Program, Edmonton Mennonite Centre for Newcomers and their instructors Mrs. Lillian Zacharias and
Mrs. Santosh Kaushal.
B.1.c. Congratulations to Ms. H. Murphy (B. Smith).
Mayor B. Smith, on behalf of City Council, congratulated Edmonton Transit Operator, Ms. H. Murphy, who is the recipient of the “Best Driver Award” presented at the You’re Welcome Edmonton ceremony sponsored by Edmonton Tourism and the Edmonton Capital Region Tourism Partnership. Ms. Murphy was evaluated on a variety of criteria including knowledge of Edmonton’s tourism industry, customer service and her commitment to service excellence. Mayor
B. Smith thanked Ms. Murphy for serving as a fine ambassador for the City of Edmonton.
B.2. EXEMPTIONS AND VOTE ON ALL OTHER ITEMS
MOVED T. Cavanagh – E. Gibbons:
That items D.2.a., E.1.b., F.1.c., F.1.e., G.1.c., G.1.d., G.1.e., G.1.f., and in-private items E.1.d., E.1.e., E.1.g., F.1.f. and H.1.a. be exempted for debate; and
D. ADMINISTRATIVE INQUIRIES AND RESPONSES
D.3. STATUS OF REPORTS
D.3.a. Greater Edmonton Foundation Revised 2003 Budget and 2003 Business Plan.
That the revised due date of August 26, 2003, be approved. / Community Svcs.Due: Aug. 26, 2003
E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.a. City Manager’s PCP Status and Proposed Process for the City Manager’s Annual Performance Evaluation. Ø
1. That the Proposed Process and Input Groups for the City Manager’s 2002-03 Annual Performance Review (Attachment 1 of the June 2, 2003, Office of the City Manager report) be approved.2. That the Mid-Year 2003 Status of the City Manager’s Personal Contribution Plan (PCP) (Attachment 2 of the June 2, 2003, Office of the City Manager report), be received for information. / City Manager
E.1.a. contd.
City Manager
E.1.c. Notice of Intention to Designate the Strathcona Canadian Pacific Railway Station located at 8101 Gateway Boulevard as a Municipal Historic Resource. Ø
1. That the City Clerk be authorized to serve a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the June 11, 2003, Planning and Development Department report) to the owner of the property occupied by Strathcona Canadian Pacific Railway (CPR) Station, located at 8101 Gateway Boulevard in accordance with Section 26 of the Historical Resources Act.2. That the General Manager of Planning and Development Department be hereby appointed to implement matters arising from the issuance of the Notice of Intention to Designate the Strathcona CPR Station.
3. That funding of $1 for this project be provided from the Heritage Reserve Fund. / Planning & Dev.
City Manager
E.1.f. Cost Benefit Analysis for Project No. XX-18-0200 – Enterprise Resource Planning (ERP). Ø
1. That the June 19, 2003, Corporate Services Department report be received for information.2. That Administration report to the October 1, 2003, Executive Committee meeting on the components of Project No. XX-18-0200 – Enterprise Resource Planning which Administration will be recommending be funded in 2004. / Corporate Svcs.
Exec. Committee
Due: Oct. 1, 2003
F. REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS
F.1.a. The Edmonton Art Gallery “Keeping The Doors Open” 2003 Community Investment Grant. Ø
That payment of the second instalment of the Edmonton Art Gallery’s 2003 Community Investment Grant in the amount of $87,780 be approved. / Community Svcs.Corporate Svcs.
F.1.b. Request for Contribution to the FCM National Housing Policy Options Team. Ø
That the City of Edmonton contribute $9,991.58 to offset the Federation of Canadian Municipalities’ costs to support the National Housing Policy Options Team from April 2003 to April 2004 [Source of Funds: City Council Contingency Fund]. / Community Svcs.Corporate Svcs.
F.1.d. 2004 Community Investment Operating Grant Priorities and Guidelines. Ø
That the 2004 Community Investment Operating Grant Program Priorities and Guidelines be approved. / Community Svcs.G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS
G.1.a. Bylaw 13423 - To Amend Transportation Systems Bylaw 11778. Ø
That a statutory public hearing be held on Bylaw 13423 at a Special City Council meeting to be held on September 17, 2003, from 1:30 p.m. to5:30 p.m. / Transportation & Streets
Due: Sept. 17, 2003
@ 1:30 p.m.
G.1.b. Infrastructure Funding – South LRT Extension (Letter to the Federal Minister from the Mayor). Ø
That the Mayor, on behalf of City Council, submit the attached letter (Attachment 1 of the June 24, 2003, Transportation and Streets Department report) to the Federal Transport Minister. / MayorTransportation & Streets
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.
E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS
E.1.h. Bylaw Amending Bylaw 13333, the Smoking Bylaw.
Councillor S. Mandel requested the permission of Council to introduce a motion without notice to request Administration to bring forward a bylaw to amend Bylaw 13333, the Smoking Bylaw.
Councillor T. Cavanagh stated that he had a pecuniary interest regarding item E.1.h. and E.1.i., in that he has family members who are involved in the restaurant business. He would, therefore, not participate in the deliberations or vote on the motion to allow Councillor S. Mandel to introduce a motion without notice. Councillor T. Cavanagh left the meeting and did not participate in the deliberations or vote on the motion to allow Councillor S. Mandel to introduce a motion without notice.
MOVED K. Leibovici – E. Gibbons:
That Councillor S. Mandel be allowed to make a motion without notice as follows:
That Administration bring forward a bylaw amending Bylaw 13333, the Smoking Bylaw, such that all of the restaurants which on June 30, 2003:
· had permission to be a smoking establishment;
· did not possess a liquor licence; and
· were able to deliver their service from an enclosed area
can continue to operate as restaurants with permission to be smoking establishment until June 30, 2005.
S. Phipps, Corporate Services Department (Law); and D. H. Edey, City Clerk, answered Council’s questions.
On a Point of Order, Councillor R. Hayter stated that Council does not have the authority to debate the content of the motion to allow Councillor S. Mandel to make a motion without notice.
D.H. Edey, City Clerk, answered Council’s questions.
Mayor B. Smith ruled that debate was in order.
Councillor R. Hayter challenged the Chair.
Mayor B. Smith asked the question:
Is the Chair upheld?
CARRIED
FOR THE QUESTION: B. Smith; B. Anderson, A. Bolstad, K. Leibovici,
S. Mandel, J. Melnychuk, D. Thiele.
OPPOSED: J. Batty, E. Gibbons, R. Hayter, L. Langley,
M. Phair.
ABSENT: T. Cavanagh.
The ruling of the Chair was upheld.
MOTION OF COUNCILLOR K. LEIBOVICI, put:
That Councillor S. Mandel be allowed to make a motion without notice as follows:
That Administration bring forward a bylaw amending Bylaw 13333, the Smoking Bylaw, such that all of the restaurants which on June 30, 2003:
· had permission to be a smoking establishment;
· did not possess a liquor licence; and
· were able to deliver their service from an enclosed area
can continue to operate as restaurants with permission to be smoking establishment until June 30, 2005.
S. Phipps, Corporate Services Department (Law), answered Council’s questions.
LOST
FOR THE MOTION: E. Gibbons, K. Leibovici, S. Mandel, J. Melnychuk.
OPPOSED: B. Smith; B. Anderson, J. Batty, A. Bolstad,
R. Hayter, L. Langley, M. Phair, D. Thiele.
ABSENT: T. Cavanagh.
E.1.i. Special Status of the Royal Canadian Legions – Smoking Bylaw.
Councillor S. Mandel requested the permission of Council to introduce a motion without notice to request Administration to bring forward a bylaw to amend Bylaw 13333, the Smoking Bylaw to allow the Royal Canadian Legions to maintain their smoking status.
MOVED K. Leibovici – E. Gibbons:
That Councillor S. Mandel be allowed to make a motion without notice as follows:
That Administration bring forward a bylaw amending Bylaw 13333, the Smoking Bylaw, to recognize the special status of the Royal Canadian Legions and allow them to maintain the same smoking status as they had on June 30, 2003, recognizing that all such facilities will be smoke free on June 30, 2005.
S. Phipps, Corporate Services Department (Law); and D. H. Edey, City Clerk, answered Council’s questions.
LOST
FOR THE MOTION: B. Anderson, E. Gibbons, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk.
OPPOSED: B. Smith; J. Batty, A. Bolstad,, R. Hayter,
M. Phair, D. Thiele.
ABSENT: T. Cavanagh.
D. ADMINISTRATIVE INQUIRIES AND RESPONSES
D.1. ADMINISTRATIVE INQUIRIES
D.1.a. Composter Deficiencies (R. Hayter).
“Shortly after my election in October 2001, I was made aware, by a former worker, of major deficiencies in the composter, including defective and leaking drums. These deficiencies, I was informed, would cost the City millions of dollars to remedy.Acting on this information, I made an Administrative Inquiry on November 27, 2001, related to these concerns. A report from Asset Management and Public Works, dated January 10, 2002, came forward to Council on January 29, 2002. The report essentially said there was nothing to worry about, that due diligence had been done prior to purchase.
According to a report in the Edmonton Journal today, significant flaws, including leaking drums, were discovered in February 2002 – less than a month after I had raised my concerns.
Why wasn’t Administration aware of these problems earlier when a former worker knew about them? Why wasn’t I and other Members of Council made aware that the deficiencies in fact, did exist when it was clearly obvious this was a major concern of mine?” / Asset Mgmt. & Public Works
Due: Sep. 8, 2003
D.1.a. contd.
Asset Mgmt. & Public Works
Due: Sep. 8, 2003
D.1.b. Authority to Debate the Content of a Proposed Motion Without Notice (R. Hayter).
“I request that Administration provide legal authority for Members of Council to debate the content of a proposed motion, presented without notice, before Council has accepted it without notice.” / City ManagerDue: Sep. 8, 2003
D.1.c. Trolley Buses (A. Bolstad).
“I understand Administration is reviewing the potential for rationalizing its fleet of transit buses, which may result in a drastic reduction or the entire elimination of the trolley buses.Before this study is concluded, I would appreciate a report that answers the following questions:
1. Will the City, in this study, consider the environmental advantages of trolley buses, including such things as better air quality, improved working conditions in transit garages, credits the City might get for using green electrical energy down the road, and reduced noise levels generated from these vehicles?
2. How does the cost of renewing the fleet of trolley buses compare with replacing diesel buses? How does the reliability and maintenance cost of each vehicle compare? Has the City ever sought competitive bids on trolley overhead work or the supply of power? And will the City consider the capital cost of dismantling the trolley system?
3. Would there be any advantages in terms of manpower and costs in consolidating all electric operations (trolley buses and LRT vehicles) at one maintenance and repair facility?
4. Have transit customers been asked for their input? Will this be part of the study?
I would appreciate it if this report could return to Council’s Transportation and Public Works Committee in September.” / Asset Mgmt. & Public Works
TPW Committee
Due: Sep. 16, 2003
D.1.c. contd.
Asset Mgmt. & Public Works
TPW Committee
Due: Sep. 16, 2003
D.1.d. Revenue-Sharing (A. Bolstad).
“During City Council’s recent trip to Grande Prairie we picked up some interesting information about a revenue-sharing arrangement the City of Grande Prairie has with the neighbouring County of Grande Prairie and the Town of Sexsmith.Specifically, we were told that the three municipalities have joined forces to create a subsidiary corporation that provides water and sewer services in the region. And a key component of the deal is that the City of Grande Prairie is given 10 percent of all the property taxes collected in the county or town on buildings that were constructed as soon as water and sewer services are provided.
According to Grande Prairie Mayor Wayne Ayling, all parties recognize that the extension of these vital services will prompt development outside of Grande Prairie’s borders. However, it is also recognized that the City of Grande Prairie will remain responsible for providing services to the people who work and live in the region and hence should be compensated in some fashion.
With this in mind, how ironic it is that the City of Edmonton, through its subsidiary corporation EPCOR, not only sells water to customers in surrounding municipalities at rates lower than it charges for Edmonton customers, making less profit on a per capita basis on its regional customers, but that it randomly extends water services to any community that asks without the City of Edmonton receiving a single cent in regional property tax. All this, while Edmontonians provide a wealth of subsidized services for citizens of the region to enjoy.
My questions of Administration are quite simple.
1. Can we use the Grande Prairie experience – and that of others in the province – to make a case for higher regional water rates at AEUB (Alberta Energy Utility Board)?
2. Should we appeal directly to the province, again using the examples elsewhere, as justification for additional provincial support?
3. Should we raise the issue at ACRA (Alberta Capital Region Alliance) to see if we can negotiate a better deal?
4. Or finally, should we instruct EPCOR to refrain from any further water extensions until we have a tax-sharing agreement with the benefiting municipality?
I would appreciate a report from Administration which reviews the above options (along with any others I may have missed) and outlines a recommended strategy. / City Manager
Due: Sep. 8, 2003
D.1.d. Cont’d
City Manager
Due: Sep. 8, 2003
Mayor B. Smith vacated the Chair and Deputy Mayor J. Melnychuk presided.