Minutes for City Council May 28, 2002 Meeting

______

City Council

Meeting Minutes1

May 28, 2002

CITY COUNCIL MINUTES

Tuesday, May 28, 2002

PRESENTB. Smith; B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,
R. Hayter, L. Langley, K. Leibovici, S. Mandel, J. Melnychuk,

M. Phair, D. Thiele.

ABSENT:E. Gibbons.

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 9:30 a.m.

Councillor E. Gibbons was absent.

OPENING PRAYER

Most Reverend Thomas Collins, Roman Catholic Archbishop of Edmonton, led the assembly in prayer.

A.2.ADOPTION OF AGENDA

MOVED M. Phair – D. Thiele:

That the City Council Agenda for the May 28, 2002 meeting be adopted with the addition of the following item:

F.1.d.2002 Canada Day Celebration.

carried

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:E. Gibbons.

A.3.ADOPTION OF MINUTES

MOVED M. Phair – D. Thiele:

That the Minutes of the May 1/2, 2002 City Council Public Hearing meeting; May 6, 2002 Special City Council meeting; and May 7, 2002 City Council meeting be adopted.

carried

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:E. Gibbons.

B.1.URGENT MATTERS - PROTOCOL ITEMS

B.1.a.Stollery Children’s Hospital Foundation (R. Hayter).

On May 26, 2002 the Stollery Children’s Hospital Foundation kicked off the 11th annual “Wear Your Bear” campaign with its first Teddy Bear Picnic at West Edmonton Mall. The Foundation’s mission is to raise money and advocate for the enhancement of health services for children by funding initiatives that promote health, prevent disease, and treat illness. The Children’s Miracle Network Telethon on June 1 and 2, 2002 will follow this event.

Councillor R. Hayter, in recognition of this annual event, wore his “Wearing my Bear” T-shirt to City Council.

B.1.b.World Cup of Women’s Baseball (R. Hayter).

Councillor R. Hayter informed City Council that Edmonton has been awarded the first-ever World Cup of Women’s Baseball. The eight country event, featuring women’s national teams from such countries as the United States, Cuba, Japan, Australia, China and Canada, will be held July 20 through August 8, 2004 as part of the City’s 100th Anniversary Celebrations. This competition will usher in a new era in amateur baseball and another gender barrier will be crossed.

B.1.c.Recognition of Dr. Stuart Davis (B. Smith).

Mayor B. Smith, on behalf of City Council, welcomed Dr. Stuart Davis, an outstanding and generous Edmontonian, to City Hall. Dr. Davis, A Professor Emeritus at the University of Alberta, and his wife, the late Winona Davis, shared a love of music. In memory of his wife, Dr. Davis has made a significant donation to the Francis Winspear Centre’s Pipe Organ Project. The Davis Concert Organ is truly magnificent and is the largest organ ever to be constructed by Letourneau Limited of St. Hyacinthe, Quebec.

Mayor B. Smith presented Dr. Davis with a Certificate of Appreciation from the City of Edmonton for his generous donation.

B.1.d.Welcome to the Students from St. Richards School (B. Smith).

Mayor B. Smith, on behalf of City Council, welcomed the Grade 6 students from St. Richards School and their teacher, Miss Peterson.

B.2.EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED T. Cavanagh – J. Melnychuk:

That items D.2.a., E.1.a., E.1.c., E.1.d., E.1.e., E.1.g., E.1.h., E.1.i., E.1.j., F.1.d., and the in private items E.1.k., E.1.l. and E.1.m. be exempted for debate; and

D.3.STATUS OF REPORTS

D.3.a.City’s Initiatives – Smart Sustainable Growth, Current and Future Business Climate and the City’s Role as a Leader in the Region.

That the revised due date of July 16, 2002 be approved. / Planning & Dev.
Due: July 16, 2002

D.3.b.Ward Boundaries.

That the revised due date of September 17, 2002 be approved. / City Manager
Due: Sept. 17, 2002

D.3.c.Letter from Firstpro Shopping Centres Requesting Approval to Prepare a Neighbourhood Structure Plan for the Place La Rue – West Area.

That the revised due date of November 26, 2002 be approved. / Planning & Dev.
Due: Nov. 26, 2002

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.b.Appointment of New Board Member to the Kingsway Business Association’s 2002 Board of Directors. 

1.That Carol Stewart be appointed as a Director of the Kingsway Business Association for the term ending on December 31, 2002.
2.That Werner Simm be appointed as a Director of the Kingsway Business Association for the term ending on December 31, 2002. / Planning & Dev.

E.1.f.Review of the Eaton Centre Parkade Lease Agreement. 

That the April 10, 2002 Planning and Development Department report be received for information. / Planning & Dev.

F.REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.a.Community Services Department Budget Adjustment-Allocation of Additional 2002 Family and Community Support Services (FCSS) Funds. 

That an increase of $1,598,544 be approved in the Community Services Department 2002 Operating Budget, to support community-based preventive social services and out-of-school care subsidies. (Source of funding: Increased Family and Community Support Service (FCSS) Grant from the Province of Alberta.) / Community Svcs.
Corporate Svcs.

F.1.b.Effectiveness of the Cat Licencing Bylaw. 

1.That the proposals in Attachment 1 of the April 25, 2002, Planning and Development Department report be approved as the direction for the integrated Animal Control Bylaw.
2.That the Administration provide additional information from other major Canadian cities, and on issues of health, to be brought forward in time for the July 9, 2002 Non-Statutory Public Hearing. / Planning & Dev.
CS Committee
Due:July 9, 2002

F.1.c.Community Services Advisory Board - Recommendations for 2002 Community Investment Hosting Grant Awards. 

That the recommendation of the Community Services Advisory Board to award 2002 City of Edmonton Community Investment Hosting Grant Awards in the amount of $19,750, as outlined in Attachment 1 of the April 26, 2002, Community Services Advisory Board report, be approved. / Community Svcs.

H.OTHER REPORTS

H.1.a.Council Services Committee – Change to Meeting Date. 

That the Council Services Committee scheduled for Thursday, July 4, 2002 be rescheduled to Thursday, July 11, 2002 at 9:30 a.m. in the Councillors’ Boardroom. / City Manager

CARRIED

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:E. Gibbons.

D.ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1.ADMINISTRATIVE INQUIRIES

D.1.a.Use of Coal at the Inland Cement Plant (A. Bolstad).

“This inquiry relates to the recent decision by the Provincial Government that lets Inland Cement use coal as a fuel for its plant in northwest Edmonton.
I would like a report from the Administration that lists any steps the City can take to ensure that plant emissions are kept in check. For example:

How will we know if the provincial emission standards are met?
Does the Province intend to maintain the temporary air monitoring stations it put in place in the area?
Will it take any steps to encourage Inland to meet specific air quality standards?
Will the company be fined or forced to revert to natural gas as a fuel source if its performance with coal suffers?

To summarize, I would like a report which lists any steps the City can take – or is taking – that keeps both the Provincial Government and Inland on their toes and ensures that the plant is run as cleanly and efficiently as possible.” / Asset Mgmt. & Public Works
Due: Aug. 27, 2002

D.1.b.Administrative Inquiries (B. Smith).

“I would like the Administration to prepare a report outlining:

The reasons we allow Administrative Inquiries within the City of Edmonton’s Procedures and Committees Bylaw.
The maximum cost the Administration is permitted to incur in carrying out an inquiry.
The total number of Administrative Inquiries made at Council and Committees over the past 4 years, (along with the total for each Councillor).
Alternatives available for Councillors to obtain information other than through Administrative Inquiries.
The process to remove Administrative Inquiries from the Procedures and Committees Bylaw.

I would like the response to this inquiry to be sent to the Executive Committee.” / City Manager
Exec. Committee
Due: Aug. 21, 2002

D.2.REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a.The City’s Attempt to Raise Additional Revenue (A. Bolstad). 

MOVED A. Bolstad – M. Phair:

That the May 7, 2002 Corporate Services Department report be referred to the June 12, 2002 Executive Committee meeting. / Corporate Svcs.
Exec. Committee
Due:June 12, 2002

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

J. Melnychuk, M. Phair, D. Thiele.

ABSENT:E. Gibbons, S. Mandel.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a.Plan Edmonton Monitoring 2001. 

MOVED T. Cavanagh – B. Anderson:

That the May 14, 2002 Planning and Development Department report be received for information. / Planning & Dev.

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

Mayor B. Smith vacated the Chair and Acting Mayor R. Hayter presided. Mayor B. Smith left the meeting.

A.B. Maurer, City Manager, answered Council’s questions.

Mayor B. Smith re-entered the meeting. Acting Mayor R. Hayter vacated the Chair and Mayor B. Smith presided.

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

J. Melnychuk, M. Phair, D. Thiele.

ABSENT: E. Gibbons, S. Mandel.

E.1.c.Closing the Gap Program – Status Report – Item 6. 

MOVED A. Bolstad – M. Phair:

That the April 29, 2002 Office of the City Manager report be received for information. / City Manager

A.B. Maurer, City Manager; and R. Millican, General Manager, Transportation and Streets Department, answered Council’s questions.

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

J. Melnychuk, M. Phair, D. Thiele.

ABSENT: E. Gibbons, S. Mandel.

E.1.d.2005 World Masters Games. 

MOVED B. Anderson - J. Batty:

That the City of Edmonton be authorized to develop a bid for the 2005 World Masters Games. / City Manager

C. Stasynec, Office of the City Manager; and A.B. Maurer, City Manager, answered Council’s questions.

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT: E. Gibbons.

MOVED B. Smith – L. Langley:

That Council recess for five minutes.

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,

S. Mandel, J. Melnychuk, M. Phair.

OPPOSED:D. Thiele.

ABSENT: E. Gibbons.

Council recessed at 10:55 a.m.

Council reconvened at 11:01 a.m. Councillors B. Anderson and E. Gibbons were absent.

L.BYLAWS

A.4.EXPLANATION OF THE PUBLIC HEARING PROCESS

Mayor B. Smith explained the public hearing process.

Councillor B. Anderson entered the meeting.

A.5.CALL FOR PERSONS TO SPEAK

D.H. Edey, City Clerk, asked whether there were any persons present to speak to the following Bylaws:

Mayor B. Smith asked if there was any objection to Bylaws 13038 and 13039 being read together. No one objected.

L.2.c.Bylaw 13038 - To Amend Bylaw 5739, As Amended, Being the Edmonton North Area Structure Plan Through an Amendment to the Eaux Claires Neighbourhood Structure Plan. 

PURPOSE

To amend the Eaux Claires Neighbourhood Structure Plan (NSP). The proposed amendment will relocate a walkway, redesignate Low Rise Apartments, Row Housing, Senior Citizen, and Religious Assembly to Medium Density Multi-Family, and redesignate a portion of Semi-Detached Residential to Single Detached Residential.

L.2.d.Bylaw 13039 – To amend the Zoning Bylaw from (AG) Agricultural Zone to (RA7) Low Rise Apartment Zone, Located North of 153 Avenue and East of 95 Street, Eaux Claires. 

PURPOSE

To amend the Zoning Bylaw as it applies to this site from AG to RA7. The proposed amendment will allow for the development of low rise apartment uses.

D. Towle and N. Umarji (in favour); and S. Jeraj, S. Nazarali and C. McNutt, representing the Ismaili Council for Edmonton (in opposition), were in attendance to speak to the passing of Bylaws 13038 and 13039.

B. Kropf, Planning and Development Department, made a presentation.

D. Towle and N. Umarji, made a presentation and answered Council’s questions.

C. McNutt made a presentation and answered Council’s questions.

S. Jeraj made a presentation.

S. Nazarali made a presentation and answered Council’s questions.

S. Chadi, made a presentation and answered Council’s questions.

G. Heaton, Corporate Services Department (Law), answered Council’s questions.

MOVED M. Phair – K. Leibovici:

That the Orders of the Day be changed so that the afternoon recess be from 4:15 p.m. – 4:30 p.m.
That the 1:30 p.m. item be postponed until after the completion of items L.2.c. and L.2.d.

CARRIED

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, T. Cavanagh,

R. Hayter, L. Langley, K. Leibovici, S. Mandel,

J. Melnychuk, M. Phair.

ABSENT:A. Bolstad, E. Gibbons, D. Thiele.

Orders of the Day were called.

Council recessed at 11:58 a.m.

Council reconvened at 1:30 p.m.

Councillors E. Gibbons and D. Thiele were absent.

B. Kropf, Planning and Development Department, answered Council’s questions.

Mayor B. Smith asked if there was any new information anyone in attendance wished to address.

S. Jeraj made a further presentation.

Mayor B. Smith asked if there was any new information anyone in attendance wished to address.

No one responded.

MOVED T. Cavanagh – S. Mandel:

That the public hearing on Bylaws 13038 and 13039 be closed.

carried

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair.

ABSENT:E. Gibbons, D. Thiele.

MOVED T. Cavanagh – S. Mandel:

That Bylaws 13038 and 13039 be read a second time.

carried

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair.

ABSENT:E. Gibbons, D. Thiele.

MOVED T. Cavanagh – S. Mandel:

That Bylaws 13038 and 13039 be read a third time. / Distribution List

carried

FOR THE MOTION:B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair.

ABSENT:E. Gibbons, D. Thiele.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.j.City of Edmonton Corporate Business Plan 2003 – 2005. 

A.B. Maurer, City Manager, made a presentation on the Corporate Business Plan, a copy of which was distributed to Members of Council and was filed with the Office of the City Clerk.

Councillor D. Thiele entered the meeting.

B.1.URGENT MATTERS - PROTOCOL ITEMS

B.1.e.Welcome to the Students from Millwoods Christian School (B. Smith).

Mayor B. Smith welcomed the Grade 6 students from the Millwoods Christian School, and their teacher, K. Wiebe.

E.REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.j.City of Edmonton Corporate Business Plan 2003 – 2005. 

A.B. Maurer, City Manager; H. Crone, Corporate Services Department; D. Kloster, General Manager, Emergency Response Department; R. Garvey, General Manager, Corporate Services Department; and J. Tustian, General Manager, Community Services Department, answered Council’s questions.

R. Garvey, General Manager, Corporate Services Department, made a presentation on the Fiscal Strategies and the Long Range Financial Plan, a copy of which was distributed to Members of Council and was filed with the Office of the City Clerk.

A.B. Maurer, City Manager; R. Garvey, General Manager, Corporate Services Department;
D.H. Edey, City Clerk; R. Rosychuk and H. Crone, Corporate Services Department; answered Council’s questions.

MOVED M. Phair – S. Mandel:

That the City of Edmonton Corporate Business Plan 2003 – 2005 (Attachment 1 of the May 21, 2002 Corporate Services Department report) be referred back to Administration to bring forward recommendations to the June 18, 2002 City Council meeting on the Corporate Business Plan and the guidelines for preparing the 2003 budget and the 2003 – 2005 departmental business plans.
That the Members of Council submit any further questions to the Office of the City Clerk by Friday, May 31, 2002 (Attachment 1 of the May 28, 2002 City Council minutes), and the Administration prepare a report for the June 18, 2002 City Council meeting responding to these questions

/ Corporate Svcs.
Due: June 18, 2002
@ 1:30 p.m.
Due: May 31, 2002

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, L. Langley, S. Mandel, J. Melnychuk,

M. Phair, D. Thiele.

OPPOSED:R. Hayter.

ABSENT: E. Gibbons, K. Leibovici.

E.1.e.Alberta Urban Municipalities Association – Phase II of the Three R’s Project. 

Mayor B. Smith vacated the Chair and Acting Mayor R. Hayter presided. Mayor B. Smith left the meeting.

MOVED T. Cavanagh – L. Langley:

That Attachment 1 of the May 14, 2002 Office of the City Manager report be forwarded to the Alberta Urban Municipalities Association (AUMA) as the City of Edmonton’s response to Phase II of the Three R’s Project.

A.B. Maurer, City Manager, answered Council’s questions.

AMENDMENT MOVED A. Bolstad – J. Melnychuk:

1.That a Part 1 be added as follows:

That Attachment 1 be amended by adding the words “in areas where the Municipalities deliver the service” at the end of the first sentence in Point 2 – RESPONSE.
That the words “as amended” be added after “Attachment 1” in Part 2.

A.B. Maurer, City Manager, answered Council’s questions.

carried

FOR THE AMENDMENT: B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,

R. Hayter, L. Langley, S. Mandel, J. Melnychuk,

M. Phair.

ABSENT:B. Smith; E. Gibbons, K. Leibovici, D. Thiele.

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

1.That Attachment 1 be amended by adding the words “in areas where the Municipalities deliver the service” at the end of the first sentence in Point 2 – RESPONSE.
2.That Attachment 1, as amended, of the May 14, 2002 Office of the City Manager report be forwarded to the Alberta Urban Municipalities Association (AUMA) as the City of Edmonton’s response to Phase II of the Three R’s Project. / City Manager

A.B. Maurer, City Manager; and R. Garvey, General Manager, Corporate Services Department, answered Council’s questions.

Mayor B. Smith re-entered the meeting. Acting Mayor R. Hayter vacated the Chair and Mayor B. Smith presided.

carried

FOR THE MOTION

AS AMENDED: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.

ABSENT:E. Gibbons.

BYLAWS

L.3.a.Bylaw 12919 – To Amend the Zoning Bylaw and Appendix I to Section 930 Special Area Ellerslie Industrial from (AGI) Industrial Reserve Zone to (EIB) Ellerslie Industrial Business Zone; Located East of 101 Street and South of 30 Avenue, Ellerslie Industrial. 

PURPOSE

To amend the Zoning Bylaw and Appendix I to Section 930 Special Area Ellerslie Industrial as it applies to this site from AGI to EIB. The proposed zone will allow industrial business uses as well as a Private Club.

MOVED B. Anderson – D. Thiele:

That Item L.3.a. – Bylaw 12919 be dealt with now.

carried

FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, K. Leibovici,
S. Mandel, J. Melnychuk, M. Phair, D. Thiele.