Minutes for City Council June 27, 2005 Meeting

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City Council Public Hearing

Meeting Minutes1 of 20

June 27, 2005, ak

CITY COUNCIL PUBLIC HEARING MINUTES

Monday, June 27, 2005

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

ABSENT:E.Gibbons.

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 D.Thiele called the meeting to order at 1:33 p.m.

Mayor S.Mandel and Councillors J. Batty, E.Gibbons and K.Leibovici were absent.

A.2.ADOPTION OF AGENDA

MOVED M.Phair – J.Melnychuk:

That the June 27, 2005, City Council Public Hearing meeting agenda be adopted with the following changes:

a.REPLACEMENT PAGES:

L.1.a.Bylaw 14009 – To amend the Zoning Bylaw from (IH) Heavy Industrial Zone and (IM) Medium Industrial Zone to (IM) Medium Industrial Zone and (IB) Industrial Business Zone; located west of 50 Street NW and south of 68 Avenue, Roper Industrial 

June 15, 2005, Planning and Development Department report 2005PDP392rev.

L.1.b.Bylaw 14012 – To amend Bylaw 11870, as amended,being the Ellerslie Area Structure Plan

Attachment 8, page 18/18 of Bylaw 14012.

L.1.c.Bylaw 14013 – To amend Bylaw 11870, as amended, the Ellerslie Area Structure Plan, through an amendment to the Summerside Neighbourhood Structure Plan

Schedule A (page 3/20 of Bylaw 14013), Figure 5 (page 15/20 of Bylaw 14013), and Attachment 2h (of the Planning and Development Department report).

L.1.d.Bylaw 13817 – To amend the Zoning Bylaw from (RF4) Semi-detached Residential Zone to (DC1) Direct Development Control Provision; located at 8520 – 104 Street NW,Strathcona

Appendix 1, page 6/6, of Bylaw 13817.

L.1.e.Bylaw 14006 – To amend the Zoning Bylaw from (RA7) Low Rise Apartment Zone and (RF5) Row Housing Zone to (DC1) Direct Development Control Provision; located north of 84 Avenue NW and west of 106 Street NW, Strathcona

Schedule A (page 3/8 of Bylaw 14006), and Attachment 2a, page 2 (of the Planning and Development Department report).

b.ADDENDA:

L.1.k.Bylaw 13984 – To amend Bylaw 11618, as amended, being the OliverArea Redevelopment Plan 

L.1.l.Bylaw 13985 – To amend the Zoning Bylaw from (DC1) DirectDevelopment Control Provision to (DC2) Site Specific Development Control Provision; located south of 103A Avenue and west of 112 Street, Oliver 

CARRIED

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

ABSENT:S.Mandel; J. Batty, E. Gibbons, K.Leibovici.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Deputy Mayor D.Thiele explained the public hearing process.

Councillor K.Leibovici entered the meeting.

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 D.Thiele asked if there was any objection to Bylaw 14009 and item E.1.a. being read together. No one objected.

L.BYLAWS

L.1.a.Bylaw 14009 – To amend the Zoning Bylaw from (IH) Heavy Industrial Zone and (IM) Medium Industrial Zone to (IM) Medium Industrial Zone and (IB) Industrial Business Zone; located west of
50 Street NW and south of 68 Avenue, Roper Industrial 

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Adoption of an Amendment to Southeast Industrial Area Outline Plan 

G. White, Vice-president, Princeton Developments Ltd.; and C.McNutt, Focus Intec, were in attendance to answer questions in favour of the passing of Bylaw 14009 and item E.1.a.

Councillor J. Batty entered the meeting.

Deputy Mayor D.Thiele asked if there was any objection to Bylaws 14012 and 14013 being read together. No one objected.

L.BYLAWS

L.1.b.Bylaw 14012 – To amend Bylaw 11870, as amended,being the Ellerslie Area Structure Plan 

L.1.c.Bylaw 14013 – To amend Bylaw 11870, as amended, the Ellerslie Area Structure Plan, through an amendment to the Summerside Neighbourhood Structure Plan 

L. Gibson, Carma Developers Ltd.; J. Wacko, Stantec Consulting Ltd.; W.Grenke and G.Gould, Mill Creek Church of God, were in attendance to answer questions in favour of the passing of Bylaws 14012 and 14013.

L.1.d.Bylaw 13817 – To amend the Zoning Bylaw from (RF4) Semi-detached Residential Zone to (DC1) Direct Development Control Provision; located at 8520 – 104 Street NW,Strathcona 

H. E.Young was in attendance to answer questions in favour of the passing of Bylaw 13817.

There were no persons present to speak to the passing of Bylaw 14006.

Deputy Mayor D.Thiele asked if there was any objection to Bylaw 14023 and item E.1.b. being read together. No one objected.

L.1.f.Bylaw 14023 – To amend the Zoning Bylaw from (IS) Special Industrial Zone, (IB) Industrial Business Zone and (IM) Medium Industrial Zone to (PU) Public Utility Zone and (IB) Industrial Business Zone; located east of 50 Street NW and north of Whitemud Drive NW, Pylypow Industrial

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Amendment to the Southeast Industrial Outline Plan 

C.McNutt, Focus Intec, was in attendance to answer questions in favour ofthe passing of Bylaw 14023 and item E.1.b.

L.BYLAWS

L.1.a.Bylaw 14009 – To amend the Zoning Bylaw from (IH) Heavy Industrial Zone and (IM) Medium Industrial Zone to (IM) Medium Industrial Zone and (IB) Industrial Business Zone; located west of
50 Street NW and south of 68 Avenue, Roper Industrial 

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Adoption of an Amendment to Southeast Industrial Area Outline Plan 

L.BYLAWS

L.1.d.Bylaw 13817 – To amend the Zoning Bylaw from (RF4) Semi-detached Residential Zone to (DC1) Direct Development Control Provision; located at 8520 – 104 Street NW,Strathcona 

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Amendment to the Southeast Industrial Outline Plan 

MOVED B.Anderson – M. Nickel:

That the public hearing on Bylaw 14009, item E.1.a., Bylaws 13817, 14006, 14023, and item E.1.b. be closed.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14009, 13817, 14006 and 14023 be read a first time.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14009, 13817, 14006 and 14023 be read a second time.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14009, 13817, 14006 and 14023 be considered for third reading.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14009, 13817, 14006 and 14023 be read a third time. / Distribution List

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Adoption of an Amendment to Southeast Industrial Area Outline Plan 

MOVED B.Anderson – M. Nickel:

That the Southeast Industrial Area Outline Plan Development Concept Map be amended as illustrated in Attachment 1 of the May 24, 2005, Planning and Development Department report 2005PDP393.
That the Southeast Industrial Area Outline Plan be amended as outlined in Attachment 2 of the May 24, 2005, Planning and Development Department report 2005PDP393.

/ Planning & Dev.

CARRIED

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

E.1.b.Amendment to the Southeast Industrial Outline Plan 

MOVED B.Anderson – M. Nickel:

That the Southeast Industrial Outline Plan Development Concept Map be amended as illustrated in Attachment 1 of the May 24, 2005, Planning and Development Department report 2005PDP403. / Planning & Dev.

CARRIED

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

L.BYLAWS

L.1.b.Bylaw 14012 – To amend Bylaw 11870, as amended,being the Ellerslie Area Structure Plan 

L.1.c.Bylaw 14013 – To amend Bylaw 11870, as amended, the Ellerslie Area Structure Plan, through an amendment to the Summerside Neighbourhood Structure Plan 

P.Arendt, Planning and Development Department; and B. Latte, Transportation and Streets Department, answered Council's questions.

MOVED B.Anderson – M. Nickel:

That the public hearing on Bylaws 14012 and 14013 be closed.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14012 and 14013 be read a first time.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14012 and 14013 be read a second time.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14012 and 14013 be considered for third reading.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

MOVED B.Anderson – M. Nickel:

That Bylaws 14012 and 14013 be read a third time. / Distribution List

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

Orders of the Day were called.

Council recessed at 1:55 p.m.

Council reconvened at 2 p.m.

Deputy Mayor D.Thiele presided.

Mayor S.Mandel and Councillors E. Gibbons and L.Sloan were absent.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Deputy Mayor D.Thiele 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 D.Thiele asked if there was any objection to Bylaws 13984 and 13985 being read together. No one objected.

L.1.k.Bylaw 13984 – To amend Bylaw 11618, as amended, being the OliverArea Redevelopment Plan 

L.1.l.Bylaw 13985 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision;located south of 103A Avenue and west of 112 Street, Oliver

R. Wales, Alldritt Development Ltd., was in attendance to answer questions regarding the request for postponement of Bylaws 13984 and 13985.

Deputy Mayor D.Thiele asked if there was any objection to Bylaws 14010 and 14011 being read together. No one objected.

L.1.g.Bylaw 14010 – To adopt the Southeast Area Structure Plan and to adopt the Southeast Neighbourhood One Neighbourhood Structure Plan 

L.1.h.Bylaw 14011 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (AP) Public Parks Zone, (PU) Public Utility Zone, (RSL) Residential Small Lot Zone, (RPL) Planned Lot Residential Zone, (RF4) Semi-detached Residential Zone, and (RF5) Row Housing Zone; located east of 66 Street SW and south of the Transportation and Utility Corridor, Rural Southeast 

A. Bryan, Bryan and Company; W. Candler (in favour); L. Newton, J. Wacko, D. Cooper,
T. Baba, Stantec Consulting Ltd.; P.Boname, Urbanics; J.Hendrickson, St. Paul’s LutheranChurch (to answer questions in favour); M.Levin and J.Rai (in opposition) were in attendance to speak to the passing of Bylaws 14010 and 14011.

L.1.k.Bylaw 13984 – To amend Bylaw 11618, as amended, being the OliverArea Redevelopment Plan 

L.1.l.Bylaw 13985 – To amend the Zoning Bylaw from (DC1) Direct Development Control Provision to (DC2) Site Specific Development Control Provision;located south of 103A Avenue and west of 112 Street, Oliver

MOVED J. Batty – R.Hayter:

That Bylaws 13984 and 13985 be postponed to the July 13, 2005, City Council Public Hearing meeting at 2 p.m. / Planning & Dev.
Due:July 13, 2005
2 p.m.

Carried

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

ABSENT:S.Mandel; E.Gibbons, L.Sloan.

L.1.g.Bylaw 14010 – To adopt the Southeast Area Structure Plan and to adopt the Southeast Neighbourhood One Neighbourhood Structure Plan 

P.Ohm, Planning and Development Department; and R.Toohey, Transportation and Streets Department, made a presentation.

A. Bryan, Bryan and Company, made a presentation. Copies of a letter dated June 27, 2005, from United Communities, provided by A.Bryan, were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

L.Newton, and J. Wacko, Stantec Consulting Ltd.; P.Boname, Urbanics; and D. Cooper, Stantec Consulting Ltd.,answered Council's questions.

Deputy Mayor D.Thiele vacated the Chair and Acting Mayor K. Krushell presided.

MOVED D. Thiele – J.Melnychuk:

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

Carried

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

ABSENT:S.Mandel; B.Anderson, E. Gibbons, L.Sloan.

Acting Mayor K.Krushell vacated the Chair and Deputy Mayor D.Thiele presided.

Councillor L.Sloan entered the meeting.

(Continued on page 13)

Orders of the Day were called.

Council recessed at 3:34 p.m.

Council reconvened at 3:55 p.m.

Deputy Mayor D.Thiele presided.

Mayor S.Mandel and Councillors E. Gibbons, K.Krushell, and L.Sloan were absent.

A.5.EXPLANATION OF THE PUBLIC HEARING PROCESS

Deputy Mayor D.Thiele explained the public hearing process.

Councillor K.Krushell entered the meeting.

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 D.Thiele asked if there was any objection to Bylaws 13892 and 13893 being read together. No one objected.

L.BYLAWS

L.1.i.Bylaw 13892 – To amend the Zoning Bylaw from (RF3) Low Density Development Zone to (DC2) Site Specific Development Control Provision; located north of Stony Plain Road and west of 143 Street, Grovenor 

L.1.j.Bylaw 13893 – To close aportion of the east/west lane, in Block C, Plan 1653Z, located north of Stony Plain Road and west of 143 Street, Grovenor

C.Haraba and A.Wyness, Grovenor Community League, were in attendance to answer questions regarding the postponement of Bylaws 13892 and13893.

MOVED J. Batty – M.Phair:

That Bylaws 13892 and 13893 be postponed to the October 20, 2005, City Council Public Hearing meeting at 3:45 p.m. / Planning & Dev.
Due:Oct. 20, 2005
3:45 p.m.

Carried

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

ABSENT:S.Mandel; E.Gibbons, K. Leibovici, L.Sloan.

(Continued from page 11)

L.1.g.Bylaw 14010 – To adopt the Southeast Area Structure Plan and to adopt the Southeast Neighbourhood One Neighbourhood Structure Plan 

Mayor S.Mandel entered the meeting. Deputy Mayor D.Thiele vacated the Chair and Mayor
S.Mandel presided.

L. Newton, Stantec Consulting Ltd.; and P.Boname, Urbanics, answered Council's questions.

W. Candler made a presentation and answered Council's questions.

J.Hendrickson, St. Paul’s LutheranChurch, answered Council's questions and made a presentation.

M.Levin and J.Rai made a presentation and answered Council's questions. A copy of photographs provided by J.Rai was circulated to Members of Council and was filed with the Office of the City Clerk.

R.Toohey, Transportation and Streets Department; and P.Ohm, Planning and Development Department, answered Council's questions.

Mayor S.Mandel vacated the Chair and Deputy Mayor D.Thiele presided. Mayor S.Mandel left the meeting.

P.Ohm, Planning and Development Department, answered Council's questions.

Mayor S.Mandel re-entered the meeting. Deputy Mayor D.Thiele vacated the Chair and Mayor S.Mandel presided.

P.Ohm, Planning and Development Department; R.Toohey and B. Latte, Transportation and Streets Department; answered Council's questions.

MOVED T.Cavanagh – M.Phair:

That Bylaws 14010 and 14011 be read a first time.

AMENDMENT MOVED D. Thiele – M.Phair:

That Bylaw 14010 be amended in Schedule F (page 65 of 150, Area Structure Plan) by deleting from the section entitled“Cultural Resources” the words "Opportunities to re-use and incorporate the dairy/horse barn structure within the Plan area will be pursued in consideration of future urban development.," and replacing them with thefollowing:

"The Treichel Dairy Barn shall be integrated and incorporated into any physical redevelopment of the site. The barn structure should be retained on its original site."

a.That Bylaw 14010 be amended in Schedule F (page 71 of 150, Area Structure Plan) by deleting the last two sentences of the second paragraph of 6.2.1 commencing at "A noise attenuation needs assessment...," and by deleting the last two paragraphs of 6.2.1;

b. And that Bylaw 14010 be amended in Schedule I (page 142 of 150, Neighbourhood Structure Plan), by deleting the last two sentences of the second paragraph of 6.2 commencing at "A noise attenuation needs assessment...," and by deleting the last two paragraphs of 6.2;

And replacing each of a. and b. with the following:

“50 Street and Ellerslie Road roadways are 24 Hour Truck routes and proposed High Speed Transit Corridors. Notwithstanding the City of Edmonton's Urban Traffic Noise Policy C506, a noise attenuation wall or berm shall be constructed adjacent to residential uses that border 50 Street, Ellerslie Road or Anthony Henday Drive. The noise attenuation wall or berm will be funded by the developer, and be constructed to the satisfaction of Administration."

MOVED M.Phair – J.Melnychuk:

That Orders of the Day be extended to complete the agenda.

Carried

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

ABSENT:E.Gibbons, L.Sloan.

P.Ohm, Planning and Development Department; and R.Toohey, Transportation and Streets Department, answered Council's questions.

P. Boname, Urbanics, answered Council's questions.