Minutes for City Council November 1, 2007 Meeting

City Council Public Hearing Minutes

November 1, 2007

A.CALL TO ORDER AND RELATED BUSINESS

A.1.Call to Order

Deputy Mayor B. Andersoncalled the meeting to order at 1:35 p.m.

Mayor S. Mandel and Councillors E. Gibbons and R. Hayter were absent.

A.2.Adoption of Agenda

Moved J. Batty – D. Thiele:

That the November 1, 2007, City Council Public Hearing agenda be adopted with the following changes:

Replacement Pages

F.1.Bylaw 14717 – Amendment to the Callaghan Neighbourhood Area Structure Plan

Attachment 1 (Bylaw 14717) and Attachment 2 (Planning and Development Department report) of the September 24, 2007, Planning and Development Department report 2007PDP520

F.6.Bylaw 14754 – Closure of a portion of 143 Avenue road right-of-way contained within Plan 1422KS, located east of the Railway right-of-way and west of 141 Street, Pembina

Pages 1 and 2 of Bylaw 14754 (Attachment 1 of the September 24, 2007, Planning and Development Department report 2007PDP552)

F.13.Bylaw 14765 – Rezoning from IM to IB, located at 13135 – 156 Street NW, Mistatim Industrial

Page 2 of Attachment 2 of the September 24, 2007, Planning and Development Department report 2007PDP562

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina,B. Henderson,
D. Iveson,K. Krushell, K. Leibovici, L. Sloan,
A. Sohi, D.Thiele.

Absent:S. Mandel; E. Gibbons, R. Hayter.

BYLAWS SCHEDULED TO COMMENCE AT 1:30 P.M.

A.5.Explanation of Public Hearing Process

Deputy Mayor B. Anderson explained the public hearing process.

Mayor S. Mandel entered the meeting. Deputy Mayor B. Anderson vacated the Chair and Mayor S. Mandel presided.

Councillor R. Hayter entered the meeting.

A.6.Call for Persons to Speak

A. Giesbrecht, Office of the City Clerk, asked whether there were any persons present to speak to the following bylaws:

F.FIRST, SECOND AND THIRD READING BYLAWS

F.1.Bylaw 14717 - Amendment to the Callaghan Neighbourhood Area Structure Plan

F.2.Bylaw 14718 - Rezoning from AG to DC1, RA7 and AP; located east of 127 Street SW and north and south of 30 Avenue SW, Callaghan

F.3.Bylaw 14706 - Closure of a portion of 30 Avenue SW contained within Plan 1819AU, located between James Mowatt Trail and Blackmud Creek SW, Callaghan

Mayor S. Mandel asked if there was any objection to Bylaws 14717, 14718 and 14706 being read together. No one objected.

In favour: R. Noce, Duncan & Craig; L. Newton and S. O’Byrne, Stantec Consulting Ltd., were in attendance (to answer questions) to speak to the passing of Bylaws 14717, 14718 and 14706.

F.4.Bylaw 14628 - Closure of a portion the east/west lane contained within Plan 4983AM; located at approximately 55 Street and north of 125A Avenue, Industrial Heights

There were no persons present to speak to the passing of Bylaw 14628.

F.5.Bylaw 14736 - Closure of a portion of 149 Street road right-of-way, contained within Plan 2119NY and Plan 002 3264; located south of 131 Avenue NW and at 149 Street NW, Mistatim Industrial

In favour: A. Tse, Barclay Street Real Estate, was in attendance (to answer questions) to speak to the passing of Bylaw 14736.

F.6.Bylaw 14754 - Closure of a portion of 143 Avenue road right-of-way contained within Plan 1422KS, located east of the Railway right-of-way and west of 141 Street, Pembina

F.7.Bylaw 14755 - Rezoning from AG to IB, located east of the railway right-of-way and west of 141 Street, Pembina

Mayor S. Mandel asked if there was any objection to Bylaws 14754 and 14755 being read together. No one objected.

There were no persons present to speak to the passing of Bylaws 14754 and 14755.

F.8.Bylaw 14760 - Rezoning from AGU to PU and US, located east of Terwillegar Drive NW and north of 23 Avenue NW, Leger

There were no persons present to speak to the passing of Bylaw 14760.

F.9.Bylaw 14761 - Rezoning from AG and AGI to RSL, RA7, PU and US, located west of Anthony Henday Drive NW and south of Stony Plain Road NW, Stewart Greens

In favour: B. Spooner, IBI Group; and D. Gibson, West Jasper Properties, were in attendance (to answer questions) to speak to the passing of Bylaw 14761.

F.10.Bylaw 14762 - Rezoning from AG to RF4, RSL, PU and AP, located north of Ellerslie Road and west of 50 Street, Charlesworth

In favour: C. Dulaba and S. O’Byrne, Stantec Consulting Ltd.; and
P. Shaver, Cameron Development Corporation, were in attendance (to answer questions) to speak to the passing of Bylaw 14762.

F.11.Bylaw 14763 - Rezoning from AG to RSL and PU, located at 18904 Lessard Road, Jamieson Place

In favour: S. O’Byrne, Stantec Consulting Ltd., was in attendance (to answer questions) to speak to the passing of Bylaw 14763.

F.12.Bylaw 14764 - Rezoning from AG and PU to PU and RA9, located east of 170 Street (Terwillegar Drive) and south of Windermere Boulevard, Ambleside

In favour: L. Miles, Sherrick Management; and S. Kheraj, Stantec Consulting Ltd., were in attendance (to answer questions) to speak to the passing of Bylaw 14764.

F.13.Bylaw 14765 - Rezoning from IM to IB, located at 13135 – 156 Street NW, Mistatim Industrial

There were no persons present to speak to the passing of Bylaw 14765.

F.14.Bylaw 14768 - Rezoning from IM to CHY, located west of 149 Street and north of Yellowhead Trail, Gagnon Estate Industrial

In favour: J. Andrew, Scheffer Andrew, was in attendance (to answer questions) to speak to the passing of Bylaw 14768.

F.15.Bylaw 14748 - Rezoning from AGI to RSL, RPL, and RF4, located east of 17 Street NW and south of Tamarack Gate NW, Tamarack

In favour: S. O’Byrne, Stantec Consulting Ltd.; and D. Morris, Dundee, were in attendance (to answer questions) to speak to the passing of Bylaw 14748.

F.16.Bylaw 14766 - Rezoning from AG to RSL, RPL, RF4 and RA7, located east of 88 Street SW and south of Summerside Grande Blvd. SW, Summerside

In favour: L. Gibson, Carma Developers, was in attendance (to answer questions) to speak to the passing of Bylaw 14766.

F.5.Bylaw 14736 - Closure of a portion of 149 Street road right-of-way, contained within Plan 2119NY and Plan 002 3264; located south of 131 Avenue NW and at 149 Street NW, Mistatim Industrial

F.9.Bylaw 14761 - Rezoning from AG and AGI to RSL, RA7, PU and US, located west of Anthony Henday Drive NW and south of Stony Plain Road NW, Stewart Greens

F.12.Bylaw 14764 - Rezoning from AG and PU to PU and RA9, located east of 170 Street (Terwillegar Drive) and south of Windermere Boulevard, Ambleside

F.14.Bylaw 14768 - Rezoning from IM to CHY, located west of 149 Street and north of Yellowhead Trail, Gagnon Estate Industrial

Moved B. Anderson – J. Batty:

That the public hearing on Bylaws 14736, 14761, 14764 and 14768 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – J. Batty:

That Bylaws 14736, 14761, 14764 and 14768 be read a first time.

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, A. Sohi, D.Thiele.

Against:S. Mandel.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele:

That Bylaws 14736, 14761, 14764 and 14768 be read a second time.

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, A. Sohi, D.Thiele.

Against:S. Mandel.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele:

That Bylaws14736, 14761, 14764 and 14768 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele:

Carried

For the Motion: B.Anderson, J.Batty, T.Caterina, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, A. Sohi, D.Thiele.

Against:S. Mandel.

Absent:E. Gibbons.

F.4.Bylaw 14628 - Closure of a portion the east/west lane contained within Plan 4983AM; located at approximately 55 Street and north of 125A Avenue, Industrial Heights

F.6.Bylaw 14754 - Closure of a portion of 143 Avenue road right-of-way contained within Plan 1422KS, located east of the Railway right-of-way and west of 141 Street, Pembina

F.7.Bylaw 14755 - Rezoning from AG to IB, located east of the railway right-of-way and west of 141 Street, Pembina

F.8.Bylaw 14760 - Rezoning from AGU to PU and US, located east of Terwillegar Drive NW and north of 23 Avenue NW, Leger

Moved B. Anderson – D. Thiele:

That the public hearing on Bylaws 14628, 14754, 14755 and 14760 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele:

That Bylaws 14628, 14754, 14755 and 14760 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele:

That Bylaws 14628, 14754, 14755 and 14760 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele;

That Bylaws 14628, 14754, 14755 and 14760be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson D. Thiele:

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

F.1.Bylaw 14717 - Amendment to the Callaghan Neighbourhood Area Structure Plan

F.2.Bylaw 14718 - Rezoning from AG to DC1, RA7 and AP; located east of 127 Street SW and north and south of 30 Avenue SW, Callaghan

F.3.Bylaw 14706 - Closure of a portion of 30 Avenue SW contained within Plan 1819AU, located between James Mowatt Trail and Blackmud Creek SW, Callaghan

R. Noce, Duncan & Craig; and L. Newton, Stantec Consulting Ltd., answered Council’s questions. Copies of a letter from MLC Group Inc. were distributed to new Councillors T. Caterina, B. Henderson,
D. Iveson and A. Sohi (other Councillors had previously received the document), and a copy was filed with the Office of the City Clerk.

P. Ohm, Planning and Development Department; J. Johnson, Corporate Services Department (Law); and B. Latte, Transportation Department, answered Council's questions.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address.

R. Noce, Duncan and Craig; and L. Newton, Stantec Consulting Ltd., made presentations and answered Council's questions.

J. Johnson, Corporate Services Department (Law); and P. Ohm, Planning and Development Department, answered Council's questions.

Council recessed at 3:30 p.m.

Council reconvened at 3:53 p.m.

Councillors E. Gibbons, D. Iveson and D. Thiele were absent.

J. Johnson, Corporate Services Department (Law); and P. Ohm, Planning and Development Department, answered Council's questions.

Councillors D. Iveson and D. Thiele entered the meeting.

P. Ohm, Planning and Development Department; and J. Johnson, Corporate Services Department (Law), answered Council’s questions.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address.

R. Noce, Duncan & Craig, made a presentation and answered Council's questions.

Moved K. Leibovici – J. Batty:

That Bylaw 14717 include an amendment that prior to issuance of any development permit, the development officer shall ensure that a signed agreement has been executed between the City and the Owner, requiring the Owner to provide the City with the ability to purchase 5% of the density bonus at the time of the development permit at 85% of the list price (the density bonus defined as any units above 50 units per ha).

P. Ohm, Planning and Development Department; and J. Johnson, Corporate Services Department (Law), answered Council's questions.

Amendment moved J. Batty – D. Thiele:

That “or the ability to acquire units based on Council’s approved policy on affordable housing, whichever comes first” be added after “ha”.

J. Johnson, Corporate Services Department (Law); W. Hughes, Planning and Development Department; and A. Giesbrecht, Office of the City Clerk, answered Council's questions.

For the

Amendment: S.Mandel; B.Anderson, J.Batty, R.Hayter,
B. Henderson, D. Iveson, K. Krushell, K. Leibovici,
L. Sloan, A. Sohi, D.Thiele.

Opposed:T. Caterina.

Absent:E. Gibbons.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address.

R. Noce, Duncan & Craig, made a presentation and answered Council’s questions.

J. Johnson, Corporate Services Department (Law); and S. Labonne, Office of the City Clerk, answered Council's questions.

With the unanimous consent of all Members of Council, Councillor
K. Leibovici withdrew the following motion as amended:

That Bylaw 14717 be amended so that prior to the issuance of any development permit the development officer shall ensure that a signed agreement has been executed between the City and the Owner, requiring the Owner to provide the City with:

1. the ability to purchase 5% of the density bonus at the time of the development permit at 85% of the list price (the density bonus defined as any units above 50 units per ha);
2. or the ability to acquire units based on Council’s approved policy on affordable housing,

whichever comes first.

Moved K. Leibovici – J. Batty:

1. the ability to purchase 5% of the density bonus at the time of the development permit at 85% of the list price (the density bonus defined as any units above 50 units per ha);
2. or the ability to acquire units based on Council’s approved policy on affordable housing,

Carried

For the Motion: S.Mandel; J.Batty, R.Hayter, B. Henderson,
D. Iveson, K. Leibovici, A. Sohi

Opposed:B. Anderson, T. Caterina, K. Krushell, L. Sloan,
D. Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That the public hearing on Bylaws 14717, 14718 and 14706 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That Bylaws 14717, 14718 and 14706 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That Bylaws14717, 14718 and 14706 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That Bylaws 14717, 14718 and 14706 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – D. Thiele:

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Transit Service in Callaghan Neighbourhood

Moved K. Leibovici – R. Hayter:

B. Latte, Transportation Department, answered Council's questions.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, R.Hayter,
B. Henderson, K. Krushell, K. Leibovici, A. Sohi.

Opposed:T. Caterina, D. Iveson, L. Sloan, D. Thiele.

Absent:E. Gibbons.

F.15.Bylaw 14748 - Rezoning from AGI to RSL, RPL, and RF4, located east of 17 Street NW and south of Tamarack Gate NW, Tamarack

F.16.Bylaw 14766 - Rezoning from AG to RSL, RPL, RF4 and RA7, located east of 88 Street SW and south of Summerside Grande Blvd. SW, Summerside

Moved K. Leibovici – R. Hayter:

That items F.15. and F.16. be dealt with now.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That the public hearing on Bylaws 14748 and 14766 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That Bylaw 14748 and 14766 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That Bylaw 14748 and 14766 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

That Bylaw 14748 and 14766 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

Moved B. Anderson – K. Leibovici:

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
R.Hayter, B. Henderson, D. Iveson, K. Krushell,
K. Leibovici, L. Sloan, A. Sohi, D.Thiele.

Absent:E. Gibbons.

F.10.Bylaw 14762 - Rezoning from AG to RF4, RSL, PU and AP, located north of Ellerslie Road and west of 50 Street, Charlesworth

S. O’Byrne, Stantec Consulting Ltd., answered Council's questions.

Councillor E. Gibbons entered the meeting.

B. Latte, Transportation Department, answered Council's questions.

Mayor S.Mandel asked if there was any new information anyone in attendance wished to address. No one responded.

Moved D. Thiele – E. Gibbons:

That the public hearing on Bylaw 14762 be closed.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – E. Gibbons:

That Bylaw 14762 be read a first time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – E. Gibbons:

That Bylaw 14762 be read a second time.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – E. Gibbons:

That Bylaw 14762 be considered for third reading.

Carried

For the Motion: S.Mandel; B.Anderson, J.Batty, T.Caterina,
E.Gibbons, R.Hayter, B. Henderson, D. Iveson,
K. Krushell, K. Leibovici, L. Sloan, A. Sohi,
D.Thiele.

Moved D. Thiele – E. Gibbons: