______

City Council

Meeting Minutes1

September 8, 2003

Monday, September 8, 2003

CITY COUNCIL MINUTES

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

*Participated via telephone.

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Mayor B. Smith called the meeting to order at 9:31 a.m.

Councillors B. Anderson, R. Hayter, J. Melnychuk, K. Leibovici, and S. Mandel were absent.

OPENING PRAYER

Reverend Bill Cantelon, Riverbend United Church, led the assembly in prayer.

Councillors B. Anderson, R. Hayter, J. Melnychuk and K. Leibovici entered the meeting.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – J. Batty:

That the September 8, 2003, City Council meeting agenda be adopted with the following changes:

1.Additions:

E.1.c.Bill 43 Post Secondary Learning Act

E.1.h.Alberta Urban Municipalities Association – 2003 Convention Resolutions – Withdrawal Request

F.1.e.Terms of Reference for a Review of the Proposed New YMCA

2.Time Specific 11 a.m.:

F.1.d.New YMCA Building in Downtown Core and City Needs

F.1.e.Terms of Reference for a Review of the Proposed New YMCA

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.

A.3.ADOPTION OF MINUTES

MOVED T. Cavanagh – J. Melnychuk:

That the August 20, 2003, City Council Public Hearing meeting minutes, and the August 26, 2003, City Council meeting minutes 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, D. Thiele.

ABSENT:S. Mandel.

B.2.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED T. Cavanagh – M. Phair:

That items D.2.a., D.2.b., D.2.c., E.1.b., E.1.c., E.1.e., E.1.f., F.1.d., F.1.e., G.1.a., G.1.b., H.1.a., and in-private item E.1.g., be exempted for debate; and

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Council Services Committee – Change to October 9, 2003, Meeting Date

That the date of the Council Services Committee meeting scheduled for Thursday, October 9, 2003, be changed to Wednesday, October 8, 2003, at 10 a.m. in the Councillors’ Boardroom. / City Manager

E.1.d.2492369 Canada Corporation

That, in the exercise of the powers reserved to the Shareholder pursuant to paragraph 2.2 of the Unanimous Shareholder Agreement of 2492369 Canada Corporation (“the Corporation” formerly Edmonton Telephones Corporation), the following recommendations be approved as a resolution of the Shareholder:
  1. That an external auditor for the financial year ending December 2003 not be appointed.
  2. That the audit of the financial statements of the Corporation for the year ended December 31, 2002, be dispensed with.
  3. That the unaudited financial statements of the Corporation as at December 31, 2002, consisting of a balance sheet, a statement of income and retained earnings, and a note to financial statements, attached hereto as Attachment 2 of the July 15, 2003, Corporate Services Department report, be received for information.
  4. That those persons holding the positions of City Manager and General Manager of the Corporate Service Department, or those appointed in an acting capacity to those positions, be appointed as Directors of the Corporation to hold office until the next annual general meeting of the Shareholder or resolution in writing in lieu thereof.
/ City Manager
Corporate Svcs.

E.1.h.Alberta Urban Municipalities Association – 2003 Convention Resolutions – Withdrawal Request

1.That Alberta Urban Municipalities Association (AUMA) be advised that Resolutions:
A4Neighbourhood Infrastructure
A10Reducing the Risks Clandestine Labs Pose to the Community
A13Municipal Emergency First Responders in National Security and Defence
P14Funding of Emergency Medical Services Basic Life Support as a Part of the Health System
P16Library Support – Provincial Library Funding
P19Education Property Tax Policy
B4Funding for Seniors Lodge Management Bodies;
will be withdrawn if Resolution 1, Provincial-Municipal Financial Relationship is adopted at the convention.
2.That the City of Edmonton continue to pursue solutions to the issues addressed by the seven resolutions identified in part 1 of this motion, through direct contact with the other orders of government. / City Manager

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.a.Family and Community Support Services 2003 Operating Budget Increase 

That an increase of $147,384 in the Community Services Department 2003 Operating Budget, to support community-based preventive social services and out-of-school care subsidies be approved. [Source of funding: increased Family and Community Support Services Grant from the Province of Alberta]. / Community Svcs.
Corporate Svcs.

F.1.b.Edmonton Arts Council – 2003 Festival SEED Community Investment Program Grant Recommendations 

That the 2003 Festival SEED Community Investment Grant Recommendations (Attachment 1 of the August 19, 2003, Edmonton Arts Council report) be approved. / Arts Council

F.1.c.Edmonton Arts Council – 2003 Arts Travel Community Investment Program Grant Recommendations 

That the Arts Travel Community Investment Program Grant Recommendations (Attachment 1 of the August 19, 2003, Edmonton Arts Council report) be approved. / Arts Council

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.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.NAIT Dance (A. Bolstad)

“This inquiry has to do with the raucous dance at NAIT that kept half of the residents of north Edmonton awake until the early hours of Sunday morning.
I would like a report describing what actions our bylaw office and/or police service took in response to the many complaints from citizens that night. For example, were the organizers told to turn down the volume? If not, why not? Were they ticketed under our Noise Bylaw? If not, why not?
I would also like to know what steps the City will be taking to ensure that there will not be a repeat performance next year.” / Planning & Dev.
Police Commission
Due: Nov. 4, 2003

D.1.b.Purchasing Natural Gas (A. Bolstad)

“I would like to know whether or not the City might benefit from buying natural gas through the Alberta Urban Municipalities Association’s (AUMA) bulk purchasing program.
I would appreciate a report which provides the following information:
  1. A summary of any discussions the City has had with the AUMA relative to the AUMA’s efforts to secure gas for Alberta municipalities in 2004.
  2. Any benefits the City and/or AUMA might realize by joining forces.
  3. A recommended course of action relative to joining the AUMA’s bulk purchasing program in 2004.”
/ AMPW
Corporate Svcs.
Due: Nov. 4, 2003

D.1.c.Consolidated Air Passenger Traffic (A. Bolstad)

“This inquiry has to do with the landmark decision made by Edmontonians in 1995 to consolidate passenger traffic at the Edmonton International Airport.
I would like to know the following:
  1. whether Administration intends to evaluate the impact of that change in order to assess the effect it has had on the International Airport, the City Centre Airport, the City as a whole and the downtown/Kingsway area.
  2. how a review of this nature might be undertaken and the cost of such a study.
  3. how we might determine whether any changes should be made to this policy, such as allowing 19-seat aircraft to carry passengers to and from the City Centre Airport as has been suggested by the Kingsway Business Association.
I would appreciate it if this report could be presented to City Council at the same time as the report on the City Centre Airport from the City Auditor, which I believe to be due in November.” / City Manager
Due: Nov. 25, 2003

D.1.d.Licence Fees for Vending, Automated Tellers, VLT, etc., Machines (D. Thiele)

“This inquiry is about the proliferation of various types of vending, automated teller, VLT., etc., machines that are being used throughout Edmonton, and the City of Edmonton’s ability to charge license, or other fees, for their use within the City.
My questions are:
  1. Can a municipality charge a business licence fee, or other fees or taxes, for an automated teller machine that is:
a)located in a bank?
b)located in a place other than a bank, such as a convenience store?
c)located in a completely independent location, such as a separate drive through?
  1. Do we currently charge any fees, taxes, etc., for operation of various types of these machines that are used in the City of Edmonton, such as bank machines, VLTs, slot machines, or other types of vending machines?.
  2. Could you please provide an estimate of the number of these types of machines that are currently used in the City of Edmonton?
  3. Can we charge for other machines as above that are owned by the Province, such as VLT, slot, and vending, or similar, machines?
  4. Do owners of these machines require a business licence and is the cost of it in any way related to the number of machines in place?
  5. What would be a reasonable per year rate that could be levied and what is the potential revenue?
  6. What is done in other municipalities, Provinces and the United States?
I would like the report to return to the Community Services Committee.” / Planning & Dev.
CS Committee
Due: Nov. 17, 2003

L.BYLAWS

L.1.b.Bylaw 13488 – EPCOR Distribution Tariff Transition Bylaw 

PURPOSE

The purpose of the EPCOR Distribution Tariff Transition Bylaw 13488 (“DTT Bylaw”), are to establishes procedures under which the Incentive Regulation Plan contained in Distribution Tariff Bylaw 12367, as amended, previously approved by City Council, are terminatesd at year-end 2003.

It will also allows EPCOR Distribution Inc. to file a Distribution Tariff Rider (the Special Transmission Rider), compliant with the new Electrical Utilities Act, S.A.2003, c. E-5.1 (“EUA”) whichthat was proclaimed into force on June 1, 2003, and compliant with the more recent Distribution Tariff Regulation, AR 162/2003 (“DT Regulation”).

This Resolution and Bylaw will also allow the Regulation of electrical energy rates for the ratepayers of Edmonton, to transition in an orderly manner from City Council, to the Alberta Energy and Utilities Board (“AEUB”).

K. Rowes, President, EPCOR Distribution Inc., made a presentation.

MOVED T. Cavanagh – R. Hayter:

That the provisions in the EPCOR Rates Procedures Bylaw that govern the passing of rates relating to the filing of energy distribution rates be suspended, from September 8, 2003, to December 31, 2003.

Mayor B. Smith vacated the Chair and Deputy Mayor D. Thiele presided.

Mayor B. Smith left the meeting.

K. Rowes, President, and R. Cowburn, Director, Competitive Market Infrastructure, EPCOR Distribution Inc., answered Council’s questions.

Mayor B. Smith entered the meeting.

Deputy Mayor D. Thiele vacated the Chair and Mayor B. Smith presided.

K. Rowes and R. Cowburn, EPCOR Distribution Inc.; A. B. Maurer, City Manager; D. H. Edey, City Clerk; and M. Sherk, Corporate Services Department (Law), answered Council’s questions.

MOTION ON ITEM L.1.b, put:

That the provisions in the EPCOR Rates Procedures Bylaw that govern the passing of rates relating to the filing of energy distribution rates be suspended, from September 8, 2003, to December 31, 2003. / City Manager
EPCOR

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. Batty:

That Bylaw 13488 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. Batty:

That Bylaw 13488 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. Batty:

That Bylaw 13488 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. Batty:

That Bylaw 13488 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 B. Anderson – M. Phair:

That EPCOR Distribution Inc. use the word “reduction” instead of “rider” for the 2003 Distribution Tariff Rider when communicating with the public. / City Manager
EPCOR

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.

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Authority to Debate the Content of a Proposed Motion Without Notice (R. Hayter) 

MOVED R. Hayter – M. Phair:

That the July 21, 2003, Office of the City Manager report be referred to the October 15, 2003, Executive Committee meeting. / City Manager
Exec. Committee
Due:Oct. 15, 2003

CARRIED

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

OPPOSED:L. Langley.

ABSENT:S.Mandel.

D.2.b.Composter Deficiencies (R. Hayter) 

MOVED R. Hayter – M. Phair:

That the August 25, 2003, Asset Management and Public Works Department report be referred to the September 11, 2003, Audit Committee meeting. / Asset Mgmt. & Public Works
Audit Committee
Due: Sep. 11, 2003

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.

D.2.c.Revenue-Sharing (A. Bolstad) 

MOVED A. Bolstad – M. Phair:

That the August 27, 2003, Office of the City Manager report be referred the September 17, 2003, Executive Committee meeting. / City Manager
Exec. Committee
Due: Sep. 17, 2003

CARRIED

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

OPPOSED:L. Langley.

ABSENT:S.Mandel.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Infrastructure Canada-Alberta Program (ICAP) Project Status Report – July 2003 

MOVED T. Cavanagh – M. Phair:

That the August 12, 2003, Asset Management and Public Works Department report be received for information. / AMPW

A. B. Maurer, City Manager; R. Millican, General Manager, Transportation and Streets Department; J. Tustian, General Manager, Community Services Department; and K. Siu, Asset Management and Public Works Department, answered Council’s questions.

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.

E.1.c.Bill 43 Post Secondary Learning Act 

MOVED T. Cavanagh – M. Phair:

That the Mayor send a letter (Attachment 1 of the September 3, 2003, Office of the City Manager, Corporate Services Department and Planning and Development Department report) to the Minister of Learning outlining the City of Edmonton’s concerns with respect to Bill 43.

A. B. Maurer, City Manager; L. Benowski, General Manager, Planning and Development Department; and K. Fung, Corporate Services Department (Law), answered Council’s questions.

AMENDMENT MOVED M. Phair – J. Melnychuk:

That the words “(Attachment 1 of the September 3, 2003, Office of the City Manager, Corporate Services Department and Planning and Development Department report)” be deleted, and the words “and making definite recommendations for amendments to Bill 43 to satisfy the City’s concerns” be added at the end of the sentence.

A. B. Maurer, City Manager; D. H. Edey, City Clerk; and K. Fung, Corporate Services Department (Law), answered Council’s questions.

CARRIED

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

ABSENT:K. Leibovici, S.Mandel.

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

That the Mayor send a letter to the Minister of Learning outlining the City of Edmonton’s concerns with respect to Bill 43 and making definite recommendations for amendments to Bill 43 to satisfy the City’s concerns. / Mayor
Corporate Svcs.

CARRIED

FOR THE MOTION

AS AMENDED:B. Smith; B. Anderson, J. Batty, A. Bolstad,
T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,
J. Melnychuk, M. Phair, D. Thiele.

ABSENT:K. Leibovici, S. Mandel.

A. B. Maurer, City Manager; and K. Fung, Corporate Services Department (Law), answered Council’s questions.

MOVED B. Anderson – B. Smith:

That the Mayor’s letter to the Minister of Learning include the City of Edmonton’s concern the effect that uncontrolled increase in post secondary tuition will have on attracting and retaining high quality students to the City of Edmonton. / Mayor
Corporate Svcs.
City Manager

CARRIED

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

ABSENT:K. Leibovici, S. Mandel.

MOVED J. Melnychuk – L. Langley:

That the Mayor send a copy of the letter regarding Bill 43, and any relevant information, to all Capital Region MLA’s.

AMENDMENT MOVED B. Anderson – A. Bolstad:

That the words “and affected organizations or groups” be added at the end of the sentence.

CARRIED

FOR THE AMENDMENT: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.

MOTION OF COUNCILLOR J. MELNYCHUK, AS AMENDED, put:

That the Mayor send a copy of the letter regarding Bill 43, and any relevant information, to all Capital Region MLA’s and affected organizations or groups. / Mayor
Corporate Svcs.
City Manager

CARRIED

FOR THE MOTION AS

AMENDED: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.

E.1.e.Tax-Supported Debt Projects – 2004-2007 

MOVED T. Cavanagh – J. Batty:

That the recommended 2004 Capital Budget and 2004–2008 Capital Priorities Plan reflect the projects included in Attachment 1 of the August 26, 2003, Corporate Services Department report for tax-supported debt financing.

R. Rosychuk, Corporate Services Department, made a presentation, copies of which were distributed to Members of Council, and a copy filed with the Office of the City Clerk.

(continued on page 19)

Orders of the Day were called to deal with items F.1.d. and F.1.e.

Mayor B. Smith stated that he had a pecuniary interest regarding items F.1.d. and F.1.e., in that he has family members who are involved in the health club business. He would, therefore, not participate in the deliberations or vote on items F.1.d. and F.1.e. Mayor B. Smith vacated the Chair, left the meeting and did not participate in the deliberations or vote on items F.1.e. and F.1.e.

Deputy Mayor D. Thiele presided.

F.1.d.New YMCA Building in Downtown Core and City Needs 

MOVED J. Batty – M. Phair:

  1. That the July 31, 2003, Corporate Services Department report be received for information.
  2. That the $4 million contribution being requested for the new YMCA building in the downtown core be considered in the 2004 – 2009 Capital Priorities Plan.
  3. That Administration provide a report to Community Services Committee including:

a)the cost benefit analysis of the potential impact of the new YMCA building on the City’s recreational facilities serving the downtown core specifically the Kinsmen Fieldhouse and Commonwealth Stadium facilities;