Minutes for City Council March 23, 2004 Meeting

______

City Council

Meeting Minutes1 of 25

March 23, 2004, sv, sam

CITY COUNCIL MINUTES

Tuesday, March 23, 2004

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
A. Sinclair, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Mayor B. Smith called the meeting to order at 9:30 a.m.

Councillors K. Leibovici, J. Melnychuk and D. Thiele were absent.

OPENING PRAYER

Reverend Chris Roulson, City Chaplain, led the assembly in prayer.

Councillors J. Melnychuk and D. Thiele entered the meeting.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – T. Cavanagh:

That the March 23, 2004, City Council meeting agenda be adopted with the following changes:

1. ADDITION:

F.1.c.Civic Agency Recruitment – Recommendations from Community Services Committee – IN PRIVATE

Sections 17(1), 23(1)(b) and 24(1)(d) of the Freedom of Information and Protection of Privacy Act

2.REPLACEMENT PAGE:

E.1.g.2003 Performance Review of the City Auditor
IN PRIVATE

Sections 17(4) and 19 of the Freedom of Information and Protection of Privacy Act

Replacement of Page 7 in Section 2 of the City Auditor’s Performance Review binder

carried

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

ABSENT:K. Leibovici.

A.3.ADOPTION OF MINUTES

MOVED T. Cavanagh – R. Hayter:

That the following meeting minutes be adopted:

February 26/March10/11, 2004, Special City Council
March 9, 2004, City Council
March 11/12, 2004, City Council Public Hearing

carried

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

ABSENT:K. Leibovici.

A.4.URGENT MATTERS - PROTOCOL ITEMS

A.4.a.Musical Portrait of the History of Edmonton (L. Langley)

On behalf of City Council, Councillor L. Langely congratulated all of the groups involved in the musical portrait of the history of Edmonton held on March 22, 2004, in a full house at the Jubilee Auditorium. The successful pageant was a splendid beginning to Edmonton’s 100th birthday celebrations.

A.4.b.Opening of the South Soccer Centre (D. Thiele)

On behalf of City Council, Councillor D. Thiele thanked the Edmonton Soccer Association and the soccer community, City Administration and City Council for supporting the South Soccer Centre which has now opened on Roper Road.

A.4.c.418 City of Edmonton Squadron (B. Smith)

On behalf of City Council, Mayor B. Smith proclaimed March 18 – 25, 2004, as the 418 City of Edmonton Squadron Week in Edmonton, and presented the Proclamation to retired Squadron members Lieutenant-Colonel Jim Gillespie, Wing Commander Terry Champion, Major Arthur Maskell, Chief Warrant Officer Roy Woodburn and Major Paul Charles. Sixty years ago on March 18, 1994, the City of Edmonton officially adopted the 418 Squadron of the Royal Canadian Airforce. It was the most highly decorated squadron of World War II, with Squadron members receiving 62 decorations, and brought great honour and recognition to the City of Edmonton.

Lieutenant-Colonel Jim Gillespie thanked City Council and presented City Council with decorative pins commemorating the 418 City of Edmonton Squadron.

Councillor K. Leibovici entered the meeting.

B.PROCEDURAL MATTERS

B.1.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED B. Anderson – D. Thiele:

That items D.2.a., D.2.b., E.1.a., E.1.b., E.1.c. and in–private items E.1.g., E.1.h., E.1.i. and E.1.j. be exempted for debate; and

D.3.STATUS OF REPORTS 

D.3.a.Task Force on Affordable Housing Progress Review

That the revised due date of April 13, 2004, be approved. / Community Services
Due: Apr. 13, 2004

D.3.b.Priority Maintenance Items at Telus Field

That the revised due date of April 27, 2004, be approved. / AMPW
Due: April 27, 2004

D.3.c.Multi-year Funding Strategy for Police Services

That the revised due date of To Be Determined be approved. / Corporate Services
Due: To Be Determined

D.3.d.Multi-year Funding Strategy for Emergency Response Department

That the revised due date of To Be Determined be approved. / Corporate Services
Due: To Be Determined

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.d.Trans-Canada Yellowhead Highway Association – Appointment of Council Member 

That Councillor R. Hayter be re-appointed to continue to serve as City Council’s representative on the Trans-Canada Yellowhead Highway Association until the close of the Association’s annual general meeting in 2005, provided that the Councillor remains a member of Council throughout the one-year term. / City Manager

E.1.e.Council Member Appointments to River Valley Alliance 

That Mayor B. Smith and Councillor R. Hayter be re-appointed as Council’s nominees to the River Valley Alliance Board of Directors for the term commencing at the 2004 Annual General Meeting and expiring at the close of the 2005 Annual General Meeting, provided that the Council Members remain Members of Council throughout the one-year term.
That Councillor J. Batty be appointed as the Mayor’s designate for the 2004/2005 term, provided that the Councillor remain a Member of Council throughout the one-year term or until her successor is appointed.

/ City Manager

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

That the individuals shown in Attachment 1 of the March 17, 2004, Executive Committee Report No. 2 be appointed to the Advisory Board on Services for Persons with Disabilities for the term ending December 31, 2004. / City Manager

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.a.Government of Alberta Funding for the Operation of the Odyssium

That the February 26, 2004, Community Services Department report 2004CSR002 be received for information. / Community Svcs.

F.1.b.Edmonton Arts Council - 2004 Festival Operating Community Investment Grant Recommendations

That the 2004 Festival Operating Community Investment Grant recommendations as outlined in Attachment 1 of the Edmonton Arts Council report 2004EAC02 be approved. / Arts Council

F.1.c.Civic Agency Recruitment –
Recommendations from Community Services Committee 

That the appointments to various civic agencies as outlined in Attachment1 of the March 19, 2004, Community Services Committee Report No. 1 be approved.
That the appointment and re-appointment of the City of Edmonton citizen nominees to the River Valley Alliance Board of Directors, for the term commencing at the 2004 Annual General Meeting and expiring at the close of the 2005 Annual General Meeting, as outlined in Attachment2 of the March 19, 2004, Community Services Committee Report No. 1 be approved.
That the re-appointment of the City of Edmonton citizen nominees to the River Valley Alliance for the term as outlined in Attachment 3 of the March 19, 2004, Community Services Committee Report No. 1 be approved, and that these appointments be exempted from the six-year limit as outlined in City Policy C475, Section 6.

/ City Manager

G.REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a.Transportation and Streets Department 2004 Budget
Adjustment No. 1

1.That the Transportation and Streets Department 2004 Capital Budget be increased by $6.450 million, funded from savings in other transportation capital projects plus cash flow adjustments to fuel tax funding.
2.That amended project profiles in Attachment 2 of the February 20, 2004, Transportation and Streets Department report 2004TS3756 be approved, including the identified changes in funding sources. / Transportation & 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.

B.3.VOTE ON BYLAWS NOT EXEMPTED FOR DEBATE

L.BYLAWS

L.1.b.Bylaw 13651 - A Bylaw to authorize the City of Edmonton to undertake, construct, and finance Community Services Project, Neighbourhood/District Park Development 

PURPOSE

To authorize the City of Edmonton to undertake, construct, and finance Community Services Project, Neighbourhood/District Park Development in the amount of $4,725,000.

L.1.c.Bylaw 13653 - A Bylaw to authorize the City of Edmonton to undertake, construct, and finance Transportation and Streets
Projects 

PURPOSE

To authorize the City of Edmonton to undertake, construct, and finance Transportation and Streets Projects in the amount of $19,975,000.

L.1.d.Bylaw 13654 - A Bylaw to authorize the City of Edmonton to undertake, construct, and finance Asset Management and Public Works Project, Fire Stations (New and Replacement) 

PURPOSE

To authorize the City of Edmonton to undertake, construct, and finance Asset Management and Public Works Project, Fire Stations (New and Replacement) in the amount of $6,000,000.

L.1.e.Bylaw 13367 - A Bylaw to Amend Bylaw 12306, Alberta Avenue Streetscaping Local Improvements 

PURPOSE

To decrease the borrowing authority by $31,899.92 from $1,031,898 to $999,998.08, and at the same time, decrease the annual amount by $10,128.61 from $95,532.96 to $85,404.35. This amendment to Alberta Avenue Streetscaping Local Improvements is required to enable the City to recover the actual rather than the estimated cost of the local improvement.

L.1.h.Bylaw 13638 – Advisory Board on Services for Persons with Disabilities Amendment No. 1 

PURPOSE

To amend Bylaw 13194, Advisory Board on Services for Persons with Disabilities Bylaw.

L.1.i.Bylaw 13691 - City Administration Bylaw Amendment No. 5 

PURPOSE

To amend the City Administration Bylaw by deleting the appointment of the City Manager as the returning officer under the Local Authorities Election Act.

L.2.b.Bylaw 13643 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Sidewalk Reconstruction Local Improvement (2004) in the Youngstown area 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Sidewalk Reconstruction Local Improvement (2004) in the Youngstown area in the amount of $446,682.

MOVED B. Anderson – D. Thiele:

That Bylaws 13651, 13653 and 13654 be read a first time. / Distribution List

and Bylaws 13367, 13638 and 13691 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, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.

MOVED B. Anderson – D. Thiele:

That Bylaws 13367, 13638, 13691 and 13643 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, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.

MOVED B. Anderson – M .Phair:

That Bylaws 13367, 13638 and 13691 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, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.

MOVED B. Anderson – D. Thiele:

That Bylaws 13367, 13638, 13691 and 13643 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, S. Mandel, J. Melnychuk, M. Phair,
D. Thiele.

L.1.i.Bylaw 13691 - City Administration Bylaw Amendment No. 5 

MOVED B. Anderson – D. Thiele:

That the City Clerk, as appointed by the City Manager, be appointed returning officer for the purposes of conducting elections under the Local Authorities Election Act. / City Manager

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.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Surplus School Sites (S. Mandel)

“Recently, in co-operation with the Edmonton Public School Board declared three school sites as surplus. I would like the following information.
1.What is the status of these sites?
2.What progress has been made in coming to agreement with the school boards on the issue of surplus sites?
3.What is the position of the school boards as to the current site designation in our new neighbourhoods?
4.Can we ask the school boards to comment on the issue as an attachment to the report?
I would like this information to come back to the Executive Committee. I would like Administration to invite a school board representative to appear before the Committee to be able to answer questions.” / Planning & Dev.
Exec. Committee
Due: June 9, 2004

D.1.b.Quality of Life Indicators Published by the Federation of Canadian Municipalities (M. Phair)

“I would like the following information from the Community Services Department:
1.Has the Department reviewed the latest “Quality of Life Indicators” published by the Federation of Canadian Municipalities?
2.What do the indicators in the reports suggest about Edmonton?
3.Does the Department have any plans on using these indicators with the broader Edmonton community?
I would like this report to return to the April 19, 2004, Community Services Committee meeting.” / Community Svcs.
CS Committee
Due: Apr. 19, 2004

D.1.c.Damage done by Cars Racing on 104 Avenue (M. Phair)

“Last Friday evening, there was damage done on 104 Avenue between 116 Street and 112 Street, by two cars racing on 104 Avenue in the early evening. According to media reports, no charges were laid.
I would like the following information:
1.Apparently damage was done to both private and City property. Who is responsible for covering the cost of the damage?
2.What legislation or bylaws would need to be enacted so a charge and fine for racing of cars could be implemented?” / Corporate Svcs.
Planning & Dev.
Due: May 25, 2004

D.1.d.Sole Source Agreement or Contract (J. Batty)

“Over the past month items have come forward from the Edmonton Police Service with the request to approve a Sole Source Agreement or a request to pursue a Sole Source Contract.

What are the criteria for reports to come forward to a Standing Committee from the Edmonton Police Service?
Does the report go the Police Commission?
Who is responsible for ensuring the report goes to the Police Commission for review before appearing at a Standing Committee?

Please direct this report to the Community Services Committee.” / Corporate Svcs.
City Manager
CS Committee
Due: June 7, 2004

D.1.e.Inclusive Communities (J. Melnychuk)

“The Federation of Canadian Municipalities is involved in an initiative called Inclusive Communities. Could Administration prepare a report for the Community Services Committee on the initiative and how the City of Edmonton will be involved?” / Community Svcs.
CS Committee
Due: June 7, 2004

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.Cost Impact of the Information Technology Branch on the City’s Budget (S.Mandel) 

MOVED S. Mandel – M. Phair:

That the March 9, 2004, Corporate Services Department report 2004COT001 be referred to the April 7, 2004, Executive Committee meeting. / Corporate Svcs.
Exec. Committee
Due: Apr. 7, 2004

carried

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

ABSENT:L. Langley.

D.2.b.The Establishment of a Land Trust in the City of Edmonton
(A. Bolstad) 

MOVED A. Bolstad – D. Thiele:

That the March 1, 2004, Planning and Development Department report 2004PDP042 be referred to the April 21, 2004, Executive Committee meeting. / Planning & Dev.
Exec. Committee
Due: Apr. 21, 2004

carried

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

ABSENT:L. Langley.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.2004 Tax Public Auction Resolution 

MOVED T. Cavanagh – D. Thiele:

1.That the date for the 2004 Tax Public Auction be Thursday, April 22, 2004, at 10 a.m., in Council Chamber, City Hall.
2.That the setting of the reserve bids be as follows:
for all properties, the reserve bids will be fair market value as determined by the City Assessor.
3.That the Terms and Conditions of Sale (Attachment 1 of the February 12, 2004, Planning and Development Department report 2004PDA004) be 10 percent deposit with the balance to be paid to the City by the closing date for the sale, which is 30 days after the Public Auction. / Planning & Dev.

D. McLean, Planning and Development Department; and D. Manderscheid, Corporate Services Department (Law), 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.b.Special Public Hearing May 6, 2004, Windermere Area Structure Plan 

MOVED J. Batty – B. Anderson:

That a Special City Council Public Hearing meeting be held on May 6, 2004,
1:30 p.m. to 9:30 p.m. in Council Chamber to consider the proposed Windermere Area Structure Plan.

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

AMENDMENT MOVED A. Bolstad – K. Leibovici:

That a part 2 be added as follows:

That Administration include a report which outlines the financial and servicing implications to the City in proceeding with the Windermere Area Structure Plan at this time.

R. Caldwell, Planning and Development Department; D. H. Edey, City Clerk; and A. B. Maurer, City Manager, answered Council’s questions.

LOST

FOR THE MOTION:A. Bolstad, R. Hayter, K. Leibovici, J. Melnychuk,
M. Phair, D. Thiele.

OPPOSED:B. Smith; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, L. Langley, S. Mandel.

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

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

That a Special City Council Public Hearing meeting be held on May 6, 2004, 1:30 p.m. to 9:30 p.m., in Council Chamber to consider the proposed Windermere Area Structure Plan. / City Manager
Planning & Dev.
Due: May 6, 2004
1:30 p.m.

carried

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, T. Cavanagh,
E. Gibbons, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, D. Thiele.

OPPOSED:A. Bolstad, M. Phair.

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

E.1.c.Smart Choices for Developing Our Community - Recommendations 

MOVED M. Phair – E. Gibbons:

That recommendations 1 to 8 as outlined in Attachment 1 of the February 18, 2004, Planning and Development Department report 2004PDP006, be approved.
That Administration bring forward 2005 budget requests to implement the approved recommendations.
That the Smart Choices team report back on a yearly basis on the progress of the recommendations as approved by Council.
That the Smart Choices Catalogue of Ideas (conveyed via memo June 9, 2003), Implementing the Ideas (Attachment 1 of the February 18, 2004, Planning and Development Department report 2004PDP006), and Consultation and Public Relations (Attachment 2 of the February 18, 2004, Planning and Development Department report 2004PDP006) be received for information.
That Administration prepare a Smart Choices communication strategy for Council’s consideration.

/ Planning & Dev.
E.1.c. cont.
Part 3
Due: March Annually
Parts 2 and 5
Due: May 25, 2004

R. Caldwell and L. Benowski, General Manager, Planning and Development Department, answered Council’s questions.

carried

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

ABSENT:B. Smith.

L.BYLAWS

L.1.a.Bylaw 13644 - A Bylaw to authorize the City of Edmonton to construct, finance, and assess Sidewalk Reconstruction Local Improvement (2004) in the York area 

PURPOSE

To authorize the City of Edmonton to construct, finance, and assess Sidewalk Reconstruction Local Improvement (2004) in the York area in the amount of $1,036,591.

MOVED J. Melnychuk – T. Cavanagh:

That Bylaw 13644 be read a first time.

R. Millican, General Manager, Transportation and Streets Department, answered Council’s questions.