CITY COUNCIL MINUTES

Monday, May 12, 2003

PRESENT:B. Smith; B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons,
R. Hayter, L. Langley, K. Leibovici, J. Melnychuk, M. Phair.

ABSENT:S. Mandel, 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 9:35 a.m.

Councillors S. Mandel and D. Thiele were absent.

OPENING PRAYER

Master Lin Ho Chin and Lama Lian Nei Yin Buddhist Society,led the assembly in prayer.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – T. Cavanagh:

That the City Council agenda for the May 12, 2003, meeting be adopted with the following changes:

a) Additions:

E.1.b.Inflationary Growth Clause for the Ed Tel Bylaw.

H.1.a.Sir Winston Churchill Square – Edmonton 2004 Legacy Project.

b)Replacement Pages:

L.2.e.Bylaw 13363 – To amend Bylaw 7464, as amended, being The Palisades Area Structure Plan through an amendment to the Hudson Neighbourhood Structure Plan.

Replacement pages 3/16 (Schedule “A”) and Attachment 2d.

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.

ABSENT:S. Mandel, D. Thiele.

A.3.ADOPTION OF MINUTES

MOVED T. Cavanagh – J. Batty:

That the minutes of the April 24, 2003, City Council Public Hearing meeting, the April 29/30, 2003, City Council meeting and the May 1, 2003, City Council meeting be adopted

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.

ABSENT:S. Mandel, D. Thiele.

B.1.URGENT MATTERS - PROTOCOL ITEMS

B.1.a. May 4, 2003 – Edmonton Day in Houston, Texas (L. Langley).

On the first weekend in May, Continental Airlines inaugurated a non-stop flight from Edmonton to Houston. On Councillor L. Langley’s recent visit to Houston, Texas, he was presented with a Proclamation from Mayor L. P. Brown, Mayor of Houston, proclaiming May 4, 2003, Edmonton Day. A copy of the Proclamation was filed with the Office of the City Clerk.

B.1.b. Congratulations to Team Canada (T. Cavanagh).

Councillor T. Cavanagh, on behalf of City Council, congratulated the members of Team Canada on winning gold at the World Hockey Championships and, in particular, the six members of the Edmonton Oilers from the “City of Champions” on the team: Ryan Smyth, Cory Cross, Shawn Horcoff, Mike Comrie, Eric Brewer and Steve Staios. Anson Carter, who was with the Edmonton Oilers until recently, scored the winning goal.

B.2.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED T. Cavanagh – J. Melnychuk:

That items D.2.a., D.2.b, E.1.b., E.1.d., E.1.f., E.1.g., F.1.a., H.1.a. and H.1.b. be exempted for debate; and

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Voting by Blind Voters Report.

That the April 30, 2003, Office of the City Manager Department report be received for information. / City Manager

E.1.c.Linear Property 2002 Assessment Appeals for the Taxation Year 2003.

That the City of Edmonton intervene and make representations before the Municipal Government Board with respect to linear property assessment appeals filed against the 2002 linear property assessments for the taxation year 2003. / Planning & Dev.

E.1.e.Business Taxes Recommended for Write-Off.

That the write-off of $228,658.70 in uncollectible business taxes and penalties covering the period January 1, 2002, to December 31, 2002, be approved. / Planning & Dev.

E.1.h.Edmonton Downtown Development Corporation 2003 Business Plan. 

  1. That the Edmonton Downtown Development Corporation 2003 Business Plan be received for information.
  2. That the Edmonton Downtown Development Corporation’s remaining 2003 Operating Budget be released.
/ Edmonton Downtown Development Corporation

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.b.O’Leary Leisure Centre Fitness Room Addition. 

That Project 03-21-5459 O’Leary Leisure Centre Fitness Room Addition in the amount of $605,000 be approved, to be funded by Area Council Two, subject to final detailed costing and funding to the satisfaction of the General Managers of Community Services and Asset Management and Public Works Departments. / Community Svcs.

F.1.c.Community Services Advisory Board - Recommendations for 2003 Community Investment Hosting Grant Awards. 

That the 2003 City of Edmonton Community Investment Hosting Grant (Attachment 1 of the April 8, 2003, Community Services Advisory Board report) be approved. / Community Services Advisory Board

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.

ABSENT:S. Mandel, D. Thiele.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.i.Newspaper Ad in Support of Chinese Businesses in Edmonton.

Councillor M. Phair requested the permission of Council to introduce a motion without notice for the City to place an ad in the major Edmonton newspapers encouraging all Edmontonians to enjoy the Chinese restaurants, shops and businesses in Chinatown and across the city.

MOVED J. Batty – M. Phair:

That Councillor M. Phair be allowed to make a motion without notice for the City to place an ad in the major Edmonton newspapers encouraging all Edmontonians to enjoy the Chinese restaurants, shops and businesses in Chinatown and across the city.

CARRIED

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

OPPOSED:R. Hayter.

ABSENT:S. Mandel, D. Thiele.

MOVED M. Phair – J. Batty:

  1. That the City place an ad in the major Edmonton newspapers before the May long weekend that encourages all Edmontonians to enjoy the Chinese restaurants, shops and businesses in Chinatown and across the city; and
  2. That up to $3,000 from Council Contingency be used to cover the costs of the ads.
/ Corporate Svcs.

CARRIED

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

OPPOSED:R. Hayter, L. Langley.

ABSENT:S. Mandel, D. Thiele.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Heritage Days Festival (B. Smith).

I would like the Administration to produce a report containing the following information related to the Heritage Days Festival (the Festival):
  1. A summary, by year, of the support (both financial and in-kind) that the City of Edmonton has contributed to the Festival since its inception.
  2. The current financial position of the Festival ie: balance sheet.
  3. A list of the Festival board members along with an explanation of the bylaw that regulates director appointments and terms of service.
  4. The Festival’s official mandate, goals and objectives statement.
  5. A statement of the eligibility criteria used by the Festival organizers to grant participation of cultural organizations as exhibitors.
/ Community Svcs.
Due: July 2, 2003
D.1.a. continued
Community Svcs.
Due: July 2, 2003

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Zoning Designation of Normandeau Gardens (S. Mandel). 

MOVED K. Leibovici – J. Melnychuk:

That the April 22, 2003, Planning and Development Department report be referred to the May 21, 2003, Executive Committee meeting. / Planning & Dev.
Exec. Committee
Due: May 21, 2003

CARRIED

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

OPPOSED:T. Cavanagh.

ABSENT:S. Mandel, D. Thiele.

D.2.b.Effective Ways of Handling Waste (S. Mandel). 

MOVED K. Leibovici – J. Melnychuk:

That the April 24, 2003, Asset Management and Public Works Department report be referred to the May 20, 2003, Transportation and Public Works Committee meeting. / Asset Mgmt. & Public Works
TPW Committee
Due: May 20, 2003

CARRIED

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

OPPOSED:T. Cavanagh.

ABSENT:S. Mandel, D. Thiele.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.g.Northlands Agreement – Skyreach Centre. 

R. Garvey, General Manager, Corporate Services Department, answered Council’s questions.

MOVED T. Cavanagh – J. Melnychuk:

  1. That the support agreement between Northlands and the City for the operation of the Skyreach Centre (the Centre) be renewed incorporating the following revisions to the terms and conditions:

(a)Reduction of the City’s annual operating contribution to $2,200,000, which will then be increased for inflation commencing in 2005.

(b)That the City assume responsibility for funding those capital improvements that preserve the useful life of the Skyreach Centre (Attachment 2 of the May 2, 2003, Corporate Services Department report) with Northlands retaining responsibility for capital improvements related to the Centre’s operating functionality and aesthetics. Furthermore, that the support agreement reflect a minimum annual level of capital improvements by Northlands of $600,000.

(c)That the formula for calculating the operating profit of the Skyreach Centre for purposes of sharing profits between Northlands and the City be revised such that the City share in profits earned in excess of the five-year average of the actual net income of the Skyreach Centre adjusted for inflation. The City’s share of these excess profits would be 20%, with the proceeds to be held in reserve to fund capital improvements at the Skyreach Centre for which the City has responsibility, as described in Attachment 2 of the May 2, 2003, Corporate Services Department report.

(d)That the term of the support agreement be set at ten years with provisions made for either party to terminate and seek to renegotiate the agreement where there is a material change in the financial status of either the Skyreach Centre or Northlands.

  1. That the support agreement be acceptable in form to Corporate Services Department (Law Branch) and in content to the City Manager. The City Manager may amend all relevant terms and conditions which the City Manager deems necessary for the purpose of implementing Part 1.

A. B. Maurer, City Manager; R. Garvey, General Manager, Corporate Services Department; and E. Young, CEO, Edmonton Northlands, answered Council’s questions. Copies of a document entitled “Skyreach Profit Sharing”were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

AMENDMENT MOVED R. Hayter – E. Gibbons:

That part 1(d) be amended by replacing the words “ten years” with the words “five years with an option for a further five years subject to Council’s review.”

A. B. Maurer, City Manager; and E. Young, CEO, Edmonton Northlands, answered Council’s questions.

LOST

FOR THE AMENDMENT:B. Smith; R. Hayter, M. Phair.

OPPOSED:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, L. Langley, K. Leibovici, J. Melnychuk.

ABSENT:S. Mandel, D. Thiele.

Members of Council requested the Parts 1 (a) and (d) be split for voting purposes.

MOTION ON PART 1(a), put:

(a)Reduction of the City’s annual operating contribution to $2,200,000, which will then be increased for inflation commencing in 2005.

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:A. Bolstad.

ABSENT:S. Mandel, D. Thiele.

MOTION ON PARTS 1(b), (c) and 2 put:

(b)That the City assume responsibility for funding those capital improvements that preserve the useful life of the Skyreach Centre (Attachment 2 of the May 2, 2003, Corporate Services Department report) with Northlands retaining responsibility for capital improvements related to the Centre’s operating functionality and aesthetics. Furthermore, that the support agreement reflect a minimum annual level of capital improvements by Northlands of $600,000.

(c)That the formula for calculating the operating profit of the Skyreach Centre for purposes of sharing profits between Northlands and the City be revised such that the City share in profits earned in excess of the five-year average of the actual net income of the Skyreach Centre adjusted for inflation. The City’s share of these excess profits would be 20%, with the proceeds to be held in reserve to fund capital improvements at the Skyreach Centre for which the City has responsibility, as described in Attachment 2 of the May 2, 2003, Corporate Services Department report.

  1. That the support agreement be acceptable in form to Corporate Services Department (Law Branch) and in content to the City Manager. The City Manager may amend all relevant terms and conditions, which the City Manager deems necessary for the purpose of implementing Part 1.

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.

ABSENT:S. Mandel, D. Thiele.

MOTION ON PART 1(d), put:

(d)That the term of the support agreement be set at ten years with provisions made for either party to terminate and seek to renegotiate the agreement where there is a material change in the financial status of either the Skyreach Centre or Northlands.

CARRIED

FOR THE MOTION:B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
E. Gibbons, L. Langley, K. Leibovici, J. Melnychuk.

OPPOSED:B. Smith; R. Hayter, M. Phair.

ABSENT:S. Mandel, D. Thiele.

SUMMARY OF COUNCIL’S DECISION ON ITEM E.1.g.

  1. That the support agreement between Northlands and the City for the operation of the Skyreach Centre (the Centre) be renewed incorporating the following revisions to the terms and conditions:
(a)Reduction of the City’s annual operating contribution to $2,200,000, which will then be increased for inflation commencing in 2005.
(b)That the City assume responsibility for funding those capital improvements that preserve the useful life of the Skyreach Centre (Attachment 2 of the May 2, 2003, Corporate Services Department report) with Northlands retaining responsibility for capital improvements related to the Centre’s operating functionality and aesthetics. Furthermore, that the support agreement reflect a minimum annual level of capital improvements by Northlands of $600,000.
(c)That the formula for calculating the operating profit of the Skyreach Centre for purposes of sharing profits between Northlands and the City be revised such that the City share in profits earned in excess of the five-year average of the actual net income of the Skyreach Centre adjusted for inflation. The City’s share of these excess profits would be 20%, with the proceeds to be held in reserve to fund capital improvements at the Skyreach Centre for which the City has responsibility, as described in Attachment 2 of the May 2, 2003, Corporate Services Department report.
(d)That the term of the support agreement be set at ten years with provisions made for either party to terminate and seek to renegotiate the agreement where there is a material change in the financial status of either the Skyreach Centre or Northlands.
  1. That the support agreement be acceptable in form to Corporate Services Department (Law Branch) and in content to the City Manager. The City Manager may amend all relevant terms and conditions, which the City Manager deems necessary for the purpose of implementing Part 1.
/ City Manager
Corporate Svcs.
E.1.g. continued
City Manager
Corporate Svcs.

MOVED B. Anderson – K. Leibovici:

That the Administration return to Council with a letter, addressed to all Mayors and Reeves of the twenty-one municipal jurisdictions in the Edmonton region, that details:

(i)the Regional benefits of Skyreach Centre;

(ii)the need to provide Northlands with an operating subsidy of $2.2 million beginning in 2004;

(iii)the per capita share of the $2.2 million each jurisdiction would pay if they agreed to contribute to the operation of the Region’s largest audience building;

(iv)a request for each jurisdiction’s Council to consider contributing, on a per capita basis, to the required $2.2 million operating subsidy currently being paid solely by the City of Edmonton.

AMENDMENT MOVED B. Smith – E. Gibbons:

  1. That the first paragraph be replaced with the following:
  1. That the Administration provide a report containing the following background information for Mayor B. Smith to present to the Board of Directors of the Alberta Capital Region Alliance (ACRA):
  1. That part (iv) be deleted; and
  2. That parts 2 and 3 be added as follows:
  1. That Mayor B. Smith request that ACRA Board members (ie: Mayor and Reeves of the 21 municipalities in the Edmonton Region) take this issue to their respective municipal councils for consideration and a response to the City of Edmonton.
  2. That Mayors and Reeves in the Region receive a copy of the Administration’s report.

Mayor B. Smith answered Council’s questions.

CARRIED

FOR THE AMENDMENT:B. Smith; B. Anderson, A. Bolstad, E. Gibbons,
R. Hayter,K. Leibovici, J. Melnychuk, M. Phair.

OPPOSED:J. Batty, T. Cavanagh, L. Langley.

ABSENT:S. Mandel, D. Thiele.

MOTION AS AMENDED, put:

  1. That the Administration provide a report containing the following background information for Mayor B. Smith to present to the Board of Directors of the Alberta Capital Region Alliance (ACRA):
(i)the Regional benefits of Skyreach Centre;
(ii)the need to provide Northlands with an operating subsidy of $2.2 million beginning in 2004;
(iii)the per capita share of the $2.2 million each jurisdiction would pay if they agreed to contribute to the operation of the Region’s largest audience building;
  1. That Mayor B. Smith request that ACRA Board members (ie: Mayor and Reeves of the 21 municipalities in the Edmonton Region) take this issue to their respective municipal councils for consideration and a response to the City of Edmonton.
  2. That Mayors and Reeves in the Region receive a copy of the Administration’s report.
/ Corporate Svcs.
Mayor

CARRIED

FOR THE MOTION

AS AMENDED:B. Smith; B. Anderson, A. Bolstad, E. Gibbons,
R. Hayter,K. Leibovici, J. Melnychuk, M. Phair.

OPPOSED:J. Batty, T. Cavanagh, L. Langley.

ABSENT:S. Mandel, D. Thiele.

E.1.f.Potential options for a noise attenuation feature for the Former CN Intermodal Facility, located south of 127 Avenue, between 82 Street and 97 Street. 

MOVED A. Bolstad – J. Batty:

That items E.1.f. and F.1.a. be the next two items to be dealt with.

CARRIED

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

ABSENT:K. Leibovici, S. Mandel, D. Thiele.

MOVED A. Bolstad – M. Phair (Made at the April 29/30, 2003, City Council meeting):

That Administration be directed to recommend to the Subdivision Authority and the Development Authority that a noise attenuation feature between the railroad lands and the commercial lands be constructed as a condition of any subdivision or development approval

R. Caldwell, Planning and Development Department, answered Council’s questions.

LOST

FOR THE MOTION:A. Bolstad, L. Langley, M. Phair.

OPPOSED:B. Smith; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, K. Leibovici, J. Melnychuk.

ABSENT:S. Mandel, D. Thiele.

MOVED T. Cavanagh – J. Melnychuk:

  1. That City Council direct the Subdivision Authority to require the construction of a 1.8 m high solid uniform screen fence along the south boundary of the commercial site.
  2. That the May 5, 2003, Planning and Development Department report be received for information.
/ Planning & Dev.

CARRIED