Minutes for City Council November 25, 2003...

CITY COUNCIL MINUTES

Tuesday, November 25, 2003

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:

R. Millican, Acting City ManagerD. 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 9:31 a.m.

Councillor J. Batty was absent.

OPENING PRAYER

Sister Mary Helena Sproul, Franciscan Sisters of the Atonement, led the assembly in prayer.

Councillor J. Batty entered the meeting.

A.2. ADOPTION OF AGENDA

MOVED M. Phair – J. Batty:

That the November 25, 2003, City Council meeting agenda be adopted with the addition of the following replacement pages:

____________________________________________City CouncilMeeting Minutes 1November 25, 2003, sv

F.1.b. Re-allocation of Infrastructure Canada – Alberta Program (ICAP Funding)

Replacement page 1 of F.1.b.

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

Replacement page 1 of F.1.c.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.

A.3. ADOPTION OF MINUTES

MOVED T. Cavanagh – M. Phair:

That the following meeting minutes be adopted:

October 16/29/30, 2003, Special City Council Public Hearing November 4, 2003, City Council November 6, 2003, Special City Council November 12, 2003, Special City Council November 14, 2003, Special City Council

CARRIEDFOR 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.1. URGENT MATTERS - PROTOCOL ITEMS

B.1.a. Congratulations to the University of Alberta Golden Bear’s Soccer Team (B. Anderson)

On behalf of City Council, Councillor B. Anderson congratulated the University of Alberta Golden Bear’s soccer team, and Head Coach Len Vickery, on their third victory in the CIS Men’s Soccer Championship. Councillor Anderson also congratulated the following Golden Bears players for being named to the CIS Tournament All-Star Team: Devon Fraser, Neil Morrow, Colin Reitveld and Jordan Gillespie.


B.1.b. Congratulations to Teams and Coaches Participating in Recent Alberta Amateur Football Championship Games (B. Anderson)

On behalf of City Council, Councillor B. Anderson congratulated teams and coaches who recently participated in the recent Alberta Amateur football championship games. Councillor Anderson announced the schools, coaches and Most Valuable Players of each of the championship games.

B.1.c. Heritage Classic (B. Smith)

On behalf of City Council, Mayor B. Smith acknowledged Doug Goss, Volunteer Chair of the Heritage Classic, Patrick Laforge, President and CEO, and Kevin Lowe, Executive Vice-President and General Manager of the Edmonton Oilers, and all of the staff and volunteers who made the Heritage Classic Hockey Event an extraordinary success.

The event put Edmonton on the map with a first-ever outdoor National Hockey League regular season game, and bringing back legends of the Edmonton Oilers and Montreal Canadiens in a special reunion game, held in the Commonwealth Stadium.

B.1.d. Congratulations to the Edmonton Eskimos Football Club (B. Smith)

On behalf of City Council, Mayor B. Smith congratulated the Edmonton Eskimos Football Club, and Head Coach Tom Higgins, for their recent Grey Cup victory. The parade and rally held to thank the football heroes was attended by thousands of fans and showed the pride of Edmontonians in the football club. Mayor Smith thanked the Edmonton Eskimos for brining the Cup back to Edmonton.

B.2. EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED T. Cavanagh – J. Melnychuk:

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


http://webdocs.edmonton.ca/OcctopusDocs/Public/COMPLETE/REPORTS/CC/Elected-1995/2003-11-25/Protocol%20Item.pdf

E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

E.1.a. Budget Adjustment – Edmonton Public Library and Edmonton Police Service

1. That the 2003 tax levy of the Edmonton Public Library be increased by $84,000 from $20,837,000 to $20,921,000.

2. That the 2003 tax levy of the Edmonton Police Service be increased by $174,000 from $137,878,000 to $138,052,000.

3. That the 2003 Financial Strategies activity within the Corporate Expenditures Program be reduced by $258,000 to fund the Police Service and Public Library requirements.

Library

Edmonton Police

Corporate Svcs.

E.1.b. Notice of Intention to Designate the Imperial Bank of Canada located at 9990 Jasper Avenue as a Municipal Historic Resource

1. That the City Clerk issue a Notice of Intention to Designate a Municipal Historic Resource (Attachment 1 of the October 29, 2003, Planning and Development Department report) to the owner of the Imperial Bank of Canada Building, located at 9990 Jasper Avenue, in accordance with Section 26 of the Historical Resources Act.

2. That the General Manager of Planning and Development Department be appointed to implement matters arising from the issuance of the Notice of Intention to Designate the Imperial Bank of Canada Building.

3. That funding of $400,000 for this project be provided from the Heritage Reserve Fund.

City Manager

Planning & Dev.

Corporate Svcs.

E.1.c. Crime Prevention Through Environmental Design (CPTED) Implementation Program


http://webdocs.edmonton.ca/OcctopusDocs/Public/COMPLETE/REPORTS/CC/Elected-1995/2003-11-25/COMM-REPORT-CR-07.doc



1. That the following Crime Prevention Through Environmental Design (CPTED) Implementation Program be approved:

a) The Edmonton’s Municipal Development Plan be amended to promote a safe urban environment by including CPTED principles as outlined in Attachment 1 of the September 24, 2003, Planning and Development Department report.

b) The Planning and Development Department, with the assistance of the Safer Cities Advisory Committee, promote and encourage the application of CPTED principles to all active partners in the building and development process such as developers, builders, architects, planners, engineers and landscape architects.

c) CPTED assessment be included in rezoning applications at the discretion of Administration.

d) CPTED principles be included as part of the overall design basis for future Area Redevelopment Plans, Area Structure Plans, Neighbourhood Structure Plans and other area-specific planning studies.

2. That Administration provide a report to the September 8, 2004, Executive Committee meeting on the number of Development Officers and Planners trained in CPTED Level 1 and CPTED Level 2 courses.

3. That Administration provide a report for the first Executive Committee meeting in September 2005, on the total number of Development Applications as well as the number of applications that include CPTED principles.

Planning & Dev.

Exec. Committee

Due: Sep. 8, 2004

Exec. Committee

Due: Sep. 1, 2005

E.1.d. Oil and Gas Wells

1. That the October 23, 2003, Corporate Services Department report be received for information.

2. That the Mayor write a letter to the Alberta Energy and Utilities Board (AEUB) asking that the capping of abandoned Oil and Gas wells that are in close proximity to significant population be moved up in priority and that the time that it takes to remedy this be expedited.

Mayor

Corporate Svcs.

E.1.d. cont.

Mayor

Corporate Svcs.



F. REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERS

F.1.b. Re-allocation of Infrastructure Canada – Alberta Program (ICAP Funding)

That $2,441,000 of the previously approved River Valley and Ravine Trails Phase 2 project Infrastructure Canada-Alberta Program funds, in the amount of $4,403,000, be reallocated for River Valley and Ravine Trails Phase 2 revised projects.

Community Svcs.

Corporate Svcs.

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

That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the October 23/November 13, 2003, Community Services Committee Report No. 2, be approved for terms as shown.

City Manager

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a. Fort Road Widening Yellowhead Trail to 129 Avenue

That the Fort Road Widening Concept Plan (Yellowhead Trail to 129 Avenue) be approved.

Transportation & Streets

G.1.b. Nova Gas Transmission Ltd. (NGTL) 2004 General Rate Application – Phase I

That approval be given for the City of Edmonton to participate in the Nova Gas Transmission Ltd. (NGTL) 2004 General Rate Application before the Alberta Energy and Utilities Board (AEUB) and all related hearings, with a view to reviewing the Application, cross-examining and submitting argument to the AEUB.

Corporate Svcs.




http://webdocs.edmonton.ca/OcctopusDocs/Public/COMPLETE/REPORTS/CC/Elected-1995/2003-11-25/2003CSC%20Recommendations%20to%20Council%20-%20Final.doc


G.1.d. Civic Agency Recruitment – Appointment Recommendations from Transportation and Public Works Committee

That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the October 23/November 5, 2003, Transportation and Public Works Committee Report No. 3, be approved for the termJanuary 1 to December 31, 2004.

City Manager



D. ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1. ADMINISTRATIVE INQUIRIES

D.1.a. City Centre Airport (S. Mandel)

“Regarding the recent pronouncements of our Premier as to the status of our City Centre Airport, that if scheduled service is not retained the Provincial Government would take certain steps, could Administration find out the following:

1. Can the Province seize the City Centre Airport?

2. If so, what compensation, if any, would they have to pay?

3. How much Provincial funding has been received by the City, or the Airport Authority, for the operation of either the City Centre or International Airport?

4. How much Provincial funding have other Alberta airports received over the past five years? Please include any special projects that might have been set up at other Alberta city airports.

5. Currently the City has a 56 year lease with the Airport Authority. If the Province took the steps that they allegedly threatened, what liability exists for the City under the terms and conditions of that lease? For example the Edmonton Regional Authorities borrowing conditions with their lenders?

Corporate Svcs.

Exec. Committee

Due: Jan. 28, 2004

D.1.a. cont.

Corporate Svcs.

Exec. Committee

Due: Jan. 28, 2004


http://webdocs.edmonton.ca/OcctopusDocs/Public/COMPLETE/REPORTS/CC/Elected-1995/2003-11-25/2003EXEC%20Recommendations%20to%20Council%20-%20Final.doc

I would like this report to come through Executive Committee please.”

D.1.b. Art in Public Buildings (D. Thiele)

“This inquiry is in regard to the Policy of 1% for art in public buildings.

My questions are:

1. Could you please provide a brief history of the 1% for art Policy.

2. Describe how this Policy has affected public buildings in Edmonton and in the art community? (A few examples may be helpful.)

3. Does this Policy have influence on design of buildings and/or projects?

4. Has this policy influenced building within the private sector?

5. What benefit would accrue to the community if this policy were implemented for private sector buildings (apartments, strip malls, project renewals, landscaping)?

6. Could building design be one of the factors to be considered?

7. What are other major cities doing? Which municipalities are leaders in providing public art and how do they do it?”

Community Svcs.

Due: Jan. 20, 2004

D.1.c. Transportation and Technology (D. Thiele)

“I have a few questions about technology use for the Transportation and Streets Department regarding camera use, counters, ability to automatically adjust lights, etc., and general information and ability to change as things change.

1. When will the recently installed roadway cameras be used to affect positive change within the City’s transportation system?

2. Will other variations be added to the system as well, such as road signs that change as road conditions change (ie. River valley bridges, high congestion areas, West Edmonton Mall and Edmonton’s Coliseum)?

3. Can other changes be added to the system to let us know of vehicle collisions, temporary closures and CN and CP train extended


Due: Jan. 20, 2004


crossings?

4. In general, what are Administration’s plans for implementing new technologies to provide better traffic flow and improve safety for road users within the City?”

L. BYLAWS

L.3.a. Bylaw 13500, as amended - To amend Bylaw 11400, as amended, being the Downtown Area Redevelopment Plan

PURPOSE

To amend policies and maps in the Plan relating to open space and commercial development in conjunction with the proposed relocation and expansion of the Baccarat Casino.

L.3.b. Bylaw 13501, as amended - To amend the Zoning Bylaw from (DC2) Site Specific Development Control Provision to (DC1) Direct Development Control Provision and (DC2) Site Specific Development Control Provision; located north of 104 Avenue and west of 101 Street, Downtown

PURPOSE

To facilitate the proposed relocation and expansion of the Baccarat Casino. The DC2 Provision would provide specific development regulations for the proposed new casino operation. The DC1 Provision would provide specific development regulations for a range of commercial uses with some opportunity for residential uses, recognizing the site’s prominent location in the downtown.

Councillor A. Bolstad was absent for the entire discussion with respect to the public hearing on Bylaws 13500 and 13501, at the October 16/29/30, 2003, City Council Public Hearing meeting. Therefore, he was required to abstain from voting on this Bylaw (Sec. 211, Bylaw 12300, Procedures and Committees Bylaw). Councillor A. Bolstad left the meeting and did not participate in the deliberations or vote on Bylaws 13500 and 13501.

A letter from the applicant withdrawing Bylaw 13501 was distributed to Members of Council and a copy was filed with the Office of the City Clerk. Bylaw 13501 was withdrawn from the agenda.

D. H. Edey, City Clerk, answered Council’s questions.


http://webdocs.edmonton.ca/OcctopusDocs/Public/Complete/Reports/CC/Elected-1995/2003-11-25/2003PDP499.doc



That Council meet in private.CARRIED

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

ABSENT: A. Bolstad.

Council met in private at 10 a.m.

MOVED J. Melnychuk – B. Anderson:

That Council meet public.

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

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

ABSENT: A. Bolstad.

Council met in public at 10:40 a.m.

Councillors A. Bolstad and T. Cavanagh were absent.

MOVED B. Anderson – L. Langley:

That Bylaw 13500, as amended, be read a third time.

LOSTFOR THE MOTION: B. Smith; E. Gibbons, S. Mandel.OPPOSED: B. Anderson, J. Batty, R. Hayter, L. Langley,

K. Leibovici, J. Melnychuk, M. Phair, D. Thiele.ABSENT: A. Bolstad, T. Cavanagh.

Councillor T. Cavanagh entered the meeting.

L.3.c. Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown

PURPOSE

To close a portion of road right-of-way located north of 104 Avenue at approximately 103 Street. This portion of road right-of-way is an undeveloped walkway that was intended to provide access to Lot 3MR, Block 9E, Plan 972 4372. Once closed, the closure area will be consolidated with the adjacent



properties (Lot 2, Block 9E, Plan 972 4372 and Block RLY, Plan 862 2223) as part of the proposed relocation and expansion of the Baccarat Casino.

MOVED B. Anderson – L. Langley:

That Bylaw 13502 be read a third time.

LOSTFOR THE MOTION: B. Smith; J. Batty, T. Cavanagh, E. Gibbons,

S. Mandel.OPPOSED: B. Anderson, R. Hayter, L. Langley, K. Leibovici,

J. Melnychuk, M. Phair, D. Thiele.ABSENT: A. Bolstad.


G.1.c. Report of Disposal of Reserve Land Pursuant to Section 674 and 675 of the Municipal Government Act South of 105 Avenue, East of 103 Street

There were no persons present to speak to item G.1.c.

MOVED B. Anderson – M. Phair:

That the public hearing on item G.1.c. be closed.

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


ABSENT: A. Bolstad.

MOVED B. Anderson – D. Thiele:

1. That Council approve the disposal of the following reserve land, namely:Plan 9724372Block 9ELot 3MR (Municipal Reserve) EXCEPTING THEREOUT ALL MINES AND MINERALS.

2. That pursuant to Section 675 of the Municipal Government Act, Council hereby authorizes the appropriate officials of the City of Edmonton to notify the Registrar of Land Titles that the City of Edmonton has complied with the provisions of the Municipal Government Act in connection with the disposal of public reserve, and requests the Registrar of Land Titles to remove the designation of “reserve” from the above land.


http://webdocs.edmonton.ca/OcctopusDocs/Public/Complete/Reports/CC/Elected-1995/2003-11-25/2003PWL106.doc

Councillor A. Bolstad entered the meeting.

L. Brenneis, Community Services Department, answered Council’s questions.

RECONSIDEREDFOR THE MOTION: B. Smith; J. Batty, A. Bolstad, T. Cavanagh,

E. Gibbons, R. Hayter.OPPOSED: B. Anderson, L. Langley, K. Leibovici, S. Mandel,

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

MOVED M. Phair – B. Smith:

That the following motion be reconsidered:





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

OPPOSED: D. Thiele.





LOSTFOR THE MOTION: B. Smith; J. Batty, A. Bolstad, T. Cavanagh,

E. Gibbons.OPPOSED: B. Anderson, R. Hayter, L. Langley, K. Leibovici,

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

D.2. REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a. Edmonton Police Service Stand-off with Escaped Prisoner(D. Thiele)

MOVED D. Thiele – M. Phair:

That the September 23, 2003, Emergency Response Department report be referred to the December 3, 2003, Community Services Committee meeting.

Emergency Response

CS Committee

Due: Dec. 3, 2003


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

OPPOSED: L. Langley.


E.1.e. Competitiveness of Edmonton’s Municipal Tax Levies

MOVED T. Cavanagh – D. Thiele:

1. That the October 29, 2003, Planning and Development Department report be received for information.

M. Chibuk and S. Dilworth, Planning and Development Department, answered Council’s questions.

Mayor B. Smith vacated the Chair and Deputy Mayor L. Langley presided.

AMENDMENT MOVED B. Smith – L. Langley:

That a part 2 be added as follows:



http://webdocs.edmonton.ca/OcctopusDocs/Public/Complete/Reports/CC/Elected-1995/2003-11-25/2003ERD007%20-%20Thiele's%20Inquiry%20re%20Escaped%20Prisoner_.doc

2. That Administration prepare a report to come to Executive Committee before the end of June 2004 comparing tax and utility rates and user fees across Alberta.

D. H. Edey, City Clerk; L. Benowski, General Manager, Planning and Development Department; and R. Millican, Acting City Manager, answered Council’s questions.

AMENDMENT TO AMENDMENT MOVED L. Langley – S. Mandel:

That the words “that are common to all property holders” be added in part 2 after the words “user fees.”

M. Chibuk, Planning and Development Department, answered Council’s questions.

CARRIEDFOR THE AMENDMENTTO THE AMENDMENT: B. Smith; B. Anderson, J. Batty, A. Bolstad,

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

OPPOSED: D. Thiele.

AMENDMENT TO AMENDMENT MOVED J. Melnychuk – M. Phair:

That in part 2 the words “or to an appropriate Special City Council meeting” be added after the words “Executive Committee. ”

CARRIEDFOR THE AMENDMENTTO THE AMENDMENT: 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.

AMENDMENT, AS AMENDED, put:

That a part 2 be added as follows:

2. That Administration prepare a report to come to Executive Committee, or to an appropriate Special City Council meeting, before the end of June 2004 comparing tax and utility rates and user fees that are common to all property holders across Alberta.

CARRIEDFOR THE AMENDMENTAS AMENDED: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,K. Leibovici, J. Melnychuk, M. Phair.

OPPOSED: S. Mandel, D. Thiele.


MOTION, AS AMENDED, put:

1. That the October 29, 2003, Planning and Development Department report be received for information.

2. That Administration prepare a report to come to Executive Committee, or to an appropriate Special City Council meeting, before the end of June 2004 comparing tax and utility rates and user fees that are common to all property holders across Alberta.

Planning & Dev.

Exec. Committee or Special City Council

Due: June 2004

CARRIEDFOR THE MOTIONAS AMENDED: B. Smith; B. Anderson, J. Batty, A. Bolstad,

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

OPPOSED: S. Mandel.


B.1.e. Welcome to the Students from Archbishop Joseph MacNeil Elementary School (B. Smith)

On behalf of City Council, Mayor B. Smith welcomed the Grade 6 class from Archbishop MacNeil Elementary School, and their teacher Mrs. Nizal.


F.1.a. Greater Edmonton Foundation – Additional Budget Scenarios

MOVED M. Phair – J. Melnychuk:

1. That the Greater Edmonton Foundation’s October 14, 2003, letter (Attachment 1 of the November 5, 2003, Community Services Department report) be received for information.

2. That the Greater Edmonton Foundation be directed to resubmit a 2004 Budget and Business Plan based on:

a) a $2.7 million requisition to the City,

b) an alternative $3.25 million requisition to the City.



3. That City Council review current appointments to Greater Edmonton Foundation with specific attention to the addition of a:

a) Representative from City Council;

b) Member of Administration;

c) Representative from the Provincial Government.

K. Barnhart, Community Services Department, answered Council’s questions.

D. Kloster, General Manager, Emergency Response and Community Services Department;J. D. Freeman, Community Services Department; and D. H. Edey, City Clerk, answered Council’s questions.

AMENDMENT MOVED A. Bolstad – M. Phair:

That in part 2 the words “to the December 2003 City Council Budget meeting at which Greater Edmonton Foundation’s Budget will be considered” be added after the word “resubmit.”

C. Pooli, Corporate Services Department (Law); J. D. Freeman and K. Barnhart, Community Services Department; and D. H. Edey, City Clerk, answered Council’s questions.

CARRIEDFOR THE AMENDMENT: B. Smith; B. Anderson, J. Batty, A. Bolstad,

T. Cavanagh, R. Hayter, L. Langley, J. Melnychuk,M. Phair, D. Thiele.

OPPOSED: E. Gibbons, K. Leibovici.ABSENT: S. Mandel.

Members of Council requested the motion, as amended, be split for voting purposes.

PART 1 OF MOTION, put:




ABSENT: S. Mandel.

In accordance with Section 66 of Bylaw 12300, the Procedures and Committees Bylaw, the largest amount was voted on first.


PART 2 b) OF MOTION, AS AMENDED, put:

2. That the Greater Edmonton Foundation be directed to resubmit to the December 2003 City Council Budget meeting, at which Greater Edmonton Foundation’s Budget will be considered, a 2004 Budget and Business Plan based on:

b) an alternative $3.25 million requisition to the City.

LOSTFOR THE MOTIONAS AMENDED: A. Bolstad, J. Melnychuk, M. Phair, D. Thiele.OPPOSED: B. Smith; B. Anderson, J. Batty, T. Cavanagh,

E. Gibbons, R. Hayter, L. Langley, K. Leibovici.ABSENT: S. Mandel.

PART 2 a) OF MOTION, AS AMENDED, put:

2. That the Greater Edmonton Foundation be directed to resubmit to the December 2003 City Council Budget meeting, at which Greater Edmonton Foundation’s Budget will be considered, a 2004 Budget and Business Plan based on:

a) a $2.7 million requisition to the City,CARRIED

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


ABSENT: S. Mandel.

PART 3 a) OF MOTION, put:


a) Representative from City Council;LOST

FOR THE MOTION: E. Gibbons, R. Hayter, J. Melnychuk, M. Phair,D. Thiele.

OPPOSED: B. Smith; B. Anderson, J. Batty, A. Bolstad,T. Cavanagh, L. Langley, K. Leibovici.

ABSENT: S. Mandel.

PART 3 b) OF MOTION, put:


b) Member of Administration;



T. Cavanagh, E. Gibbons, R. Hayter, L. Langley,K. Leibovici, D. Thiele.

OPPOSED: J. Melnychuk, M. Phair.ABSENT: S. Mandel.

PART 3 c) OF MOTION, put:


c) Representative from the Provincial Government.CARRIED

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

OPPOSED: M. Phair.ABSENT: S. Mandel.

SUMMARY OF DECISION ON ITEM F.1.a, AS AMENDED, put:


2. That the Greater Edmonton Foundation be directed to resubmit to the December 2003 City Council Budget meeting, at which Greater Edmonton Foundation’s Budget will be considered, a 2004 Budget and Business Plan based on a $2.7 million requisition to the City.


a) Member of Administration;

b) Representative from the Provincial Government.

Community Svcs.

Greater Edmonton Foundation

City Manager

Due: Dec. 2003City Council Budget

Orders of the Day were called.

Council recessed at 12 noon.

Council reconvened at 1:32 p.m.

Councillors J. Batty, R. Hayter, K. Leibovici, S. Mandel, M. Phair and D. Thiele were absent.

B.1.f. Welcome to the Students from St. Philip School (B. Smith)


On behalf of City Council, Mayor B. Smith welcomed the Grade 6 class fromSt. Philip School, and their teacher Miss Stephanie MacLean.

Mayor B. Smith vacated the Chair and Deputy Mayor K. Leibovici presided.

H. OTHER REPORTS

H.1.a. Strategies for Urban Sustainability Conference – Follow-up

MOVED B. Smith – B. Anderson:

1. That the November 17, 2003, Office of the Mayor report be referred to the December 5, 2003, Executive Committee meeting to develop a comprehensive work plan for dealing with these issues in 2004 and a response to the five recommendations on pages 11 and 12 of Attachment 1 of the report.

2. That the work plan and responses be returned to the December 16, 2003, City Council meeting for approval.

City Manager

Exec. Committee

Due: Dec. 5, 2003

Councillors J. Batty, R. Hayter and M. Phair entered the meeting.CARRIED

FOR THE MOTION: 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.

L. BYLAWS

L.1.a. Bylaw 13518 - Parkland Bylaw Amendment No. 13

PURPOSE

The purpose of this Bylaw is to amend the Parkland Bylaw.

Councillor D. Thiele entered the meeting.

MOVED J. Batty – L. Langley:

That Bylaw 13518 be read a first time.

AMENDMENT MOVED B. Anderson – R. Hayter:

That in parts 3 and 4 of Bylaw 13518 the words “horn or” be deleted.

Councillors S. Mandel and K. Leibovici entered the meeting.


http://webdocs.edmonton.ca/OcctopusDocs/Public/Complete/Reports/CC/Elected-1995/2003-11-25/2003CSPS106.doc

http://webdocs.edmonton.ca/OcctopusDocs/Public/Complete/Reports/CC/Elected-1995/2003-11-25/2003OMJ005.doc

R. Millican, Acting City Manager; L. Brenneis, Community Services Department; D. Kloster, General Manager, Emergency Response and Community Services Departments; and S. Phipps, Corporate Services Department (Law), answered Council’s questions.



OPPOSED: S. Mandel.

MOTION ON FIRST READING OF BYLAW 13518, AS AMENDED, put:

CARRIEDFOR THE MOTIONAS AMENDED: B. Smith; B. Anderson, J. Batty, A. Bolstad,


OPPOSED: S. Mandel.

MOVED J. Batty – L. Langley:

That Bylaw 13518, as amended, 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.

OPPOSED: S. Mandel.

MOVED J. Batty – R. Hayter:

That Bylaw 13518, as amended, 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 J. Batty – R. Hayter:

That Bylaw 13518, as amended, be read a third time.

Amendment

That in parts 3 and 4 of Bylaw 13518 the words “horn or” be deleted.

Distribution List




OPPOSED: S. Mandel.


G.1.e. Amendment to Traffic Bylaw (Requiring Cyclists to Sound a Bell)

MOVED B. Anderson – A. Bolstad:

That Administration prepare a bylaw amending Section 503(1)(c) of the Traffic Bylaw so that it matches the requirements found in the Parkland Bylaw, in particular to require cyclists to sound a bell before passing pedestrians. This amendment may be brought forward as part of the general Traffic Bylaw amendment project to be undertaken in 2004.


Due: To Be Determined




F.1.d. Draft AUMA Resolution Regarding Bells on Bicycles

MOVED A. Bolstad – B. Anderson:

That Administration bring forward a draft AUMA resolution for Council’s consideration which asks the Province to adjust Provincial legislation in order to make it mandatory for cyclists to equip their bicycles with a bell and to ensure that cyclists use the bell as a warning when overtaking pedestrians on roads or trails.

Community Svcs.

F.1.d. cont.

Community Svcs.

Corporate Svcs.

City Manager

Due: Jan. 20, 2004

CARRIEDFOR THE MOTION: B. Smith; B. Anderson, A. Bolstad, T. Cavanagh,

E. Gibbons, R. Hayter, K. Leibovici, S. Mandel,D. Thiele.


OPPOSED: J. Batty, J. Melnychuk, L. Langley, M. Phair.

M. MOTIONS ON NOTICE

M.1.a. Members of Council Reporting on Boards, Agencies and Commissions( K. Leibovici)

MOVED K. Leibovici – S. Mandel:

1. That Members of Council who are appointed to boards, agencies and commissions on behalf of the City, provide verbal reports at Council on the activities and plans of the board or agency.

2. That Administration bring forward an amendment to Bylaw 12300, Procedures and Committees Bylaw that will:

implement this reporting.

place the reporting on the Council agenda on a monthly basis to allow the reports to be dealt with in a timely manner.

require Members of Council to give notice to the Office of the City Clerk in order that the verbal report can be scheduled for Council.


AMENDMENT MOVED M. Phair – J. Melnychuk:

That in part 1 the words “be allowed to make five minute” be added after the word “City”, and the word “provide” be deleted.




AMENDMENT MOVED R. Hayter – A. Bolstad:

That in part 1 the words “the activities and plans of” be replaced with the words “matters of significance being considered by.”





MOTION, AS AMENDED, put:

1. That Members of Council who are appointed to boards, agencies and commissions on behalf of the City, be allowed to make five minute verbal reports at Council on matters of significance being considered by the board or agency.

2. That Administration bring forward an amendment to Bylaw 12300, Procedures and Committees Bylaw that will:

implement this reporting.

place the reporting on the Council agenda on a monthly basis to allow the reports to be dealt with in a timely manner.

require Members of Council to give notice to the Office of the City Clerk in order that the verbal report can be scheduled for Council.

LOSTFOR THE MOTIONAS AMENDED: B. Anderson, A. Bolstad, R. Hayter, K. Leibovici,

M. Phair, D. Thiele.OPPOSED: B. Smith; J. Batty, T. Cavanagh, E. Gibbons,

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


B.1.g. Welcome to the Students from St. Philip School (B. Smith)

On behalf of City Council, Mayor B. Smith welcomed the Grade 6 class fromSt. Philip School, and their teacher Ms. Mirella Cristello.

N. NOTICES OF MOTION

N.1.a. Amendment to the Procedures and Committees Bylaw Regarding Standing Committee Recommendations made at Council Meetings (D. Thiele)


Councillor D. Thiele stated that at the next regular meeting of City Council, he will move:

That Administration bring forward an amendment to Bylaw 12300, Procedures and Committees Bylaw, that allows Committee Chairs or Members of the Committee to move and present recommendations of that particular Committee at Council before any other motion is made on the item.

N.1.b. Council Policy Amendment (A. Bolstad)

Councillor A. Bolstad stated that at the next regular meeting of City Council, he will move:

1. That Council Policy C475, Civic Agencies Appointments, be amended by deleting the following clause:

7(b) may not be appointed by any other Civic Agency for the next two years.

so that clause 7 would now read:

7 Anyone who has been a member of one Civic Agency for six consecutive years may not be appointed to that Civic Agency for the next two years.

2. That Council Policy C478, Process for Appointments and Re-Appointments of Members to City of Edmonton Quasi-Judicial Boards, be amended by deleting the following clause:

7(b) may not be appointed to any other Civic Agency for the next two years.

so that clause 7 would now read:

7 Anyone who has been a member of one quasi-judicial board for six consecutive years may not be appointed to that board for the next two years.


That Council meet in private to deal with items D.2.b., E.1.f., E.1.g., E.1.h., and J.1.a.

Sections 17(1), 23(1)(b), 24(1)(d), 25(1)(c)(iii) and 27(1)(a) of the Freedom of Information and Protection of Privacy Act.

CARRIEDFOR THE MOTION: B. Smith; J. Batty, A. Bolstad, T. Cavanagh,



ABSENT: B. Anderson.

Council met in private at 3:28 p.m.

MOVED D. Thiele – B. Anderson:

That Council meet in public.CARRIED

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

ABSENT: B. Smith; S. Mandel, M. Phair.

Deputy Mayor K. Leibovici presided.

Mayor B. Smith and Councillors S. Mandel and M. Phair were absent.

D.2. REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.b. Fees for Use of Municipal Rights-of-Way (B. Smith)

MOVED D. Thiele – J. Batty:

That the October 21, 2003, Corporate Services Department report be referred to Transportation and Public Works Committee to be discussed in private under Section 27(1)(a) of the Freedom of Information and Protection of Privacy Act.

Corporate Svcs.

Due: Dec. 3, 2003

CARRIEDFOR THE MOTION: B. Anderson, J. Batty, A. Bolstad, T. Cavanagh,

E. Gibbons, R. Hayter, L. Langley, K. Leibovici,J. Melnychuk, D. Thiele.



E.1.f. Appointment of Council Members to Civic Agencies


1. That the Council Member appointments to civic agencies as City Manager


http://webdocs.edmonton.ca/OcctopusDocs/Public/COMPLETE/REPORTS/CC/Elected-1995/2003-11-25/2003CACA07.doc

outlined in Attachment 1 of the October 29, 2003, office of the City Manager report, for the term January 1 to October 25, 2004, be approved.

2. That Councillor L. Langley replace Councillor S. Mandel on the Alberta Capital Region Wastewater Commission Master Agreement Coordinating Committee.




E.1.g. Civic Agency Recruitment – Appointment Recommendations from Executive Committee


1. That the citizen-at-large appointment recommendations as outlined in Attachment 1 of the October 24/November 7, 2003, Executive Committee Report No. 1, be approved for terms as shown.

2. That the citizen-at-large appointment recommendation as outlined in Attachment 2 of the October 24/November 7, 2003, Executive Committee Report No. 1, be approved for the term January 1 to December 31, 2004.

3. That Jean Bara and David Kassian be re-appointed to the Assessment Review Board for the term January 1 to December 31, 2004, and that these appointments be exempted from the six-year limit as outlined in City Policy C475, section 6.

4. That William (Bill) Patton be re-appointed to the Assessment Review Board for the term January 1 to February 15, 2004, and that this appointment be exempted from the six-year limit as outlined in City Policy C475, section 6.

Members of Council requested that part 2 of the motion be split for voting purposes.

PARTS 1, 3 AND 4 OF THE MOTION, put:


3. That Jean Bara and David Kassian be re-appointed to the Assessment Review Board for the term January 1 to December 31, 2004, and that these


http://webdocs.edmonton.ca/OcctopusDocs/Public/COMPLETE/REPORTS/CC/Elected-1995/2003-11-25/2003COMM-REPORT-CR-01a.doc

appointments be exempted from the six-year limit as outlined in City Policy C475, section 6.





PART 2 OF THE MOTION, put:



L. Langley, K. Leibovici, J. Melnychuk, D. Thiele.OPPOSED: E. Gibbons, R. Hayter.ABSENT: B. Smith; S. Mandel, M. Phair.

SUMMARY OF DECISION ON ITEM E.1.g., put:



3. That Jean Bara and David Kassian be re-appointed to the Assessment Review Board for the term January 1 to December 31, 2004, and that these appointments be exempted from the six-year limit as outlined in City Policy C475, section 6.


City Manager

E.1.h. Economic Development Edmonton – Chair Interview


MOVED D. Thiele – L. Langley:

That the verbal presentation be received for information. EDE




J. OTHER COMMITTEE REPORTS

J.1.a. Edmonton 2004 Funding Negotiations

MOVED D. Thiele – J. Batty:

1. That the terms and conditions of the sponsorship agreement outlined in Attachment 1 of the October 29, 2003, Edmonton 2004 Celebration Committee report, be approved.

2. That the final agreement be approved as to form by Corporate Services Department (Law), and as to content by General Manager of the Corporate Services Department.

3. That this report be dealt with in private and remain confidential as per Section 25(1)(c)(iii) of the Freedom of Information and Protection of Privacy Act.

Edmonton Celebration Committee

Corporate Svcs.




O. ADJOURNMENT

The meeting adjourned at 3:36 p.m.

______________________________ ______________________________


MAYOR CITY CLERK


INDEXCITY COUNCIL MINUTES

NOVEMBER 25, 2003

A. CALL TO ORDER AND RELATED BUSINESSA.1. CALL TO ORDER...............................................................................................................................................1A.2. ADOPTION OF AGENDA..................................................................................................................................1A.3. ADOPTION OF MINUTES.................................................................................................................................2

B.1. URGENT MATTERS - PROTOCOL ITEMSB.1.a. Congratulations to the University of Alberta Golden Bear’s Soccer Team (B. Anderson).............................2B.1.b. Congratulations to Teams and Coaches Participating in Recent Alberta Amateur Football

Championship Games (B. Anderson)..............................................................................................................3B.1.c. Heritage Classic (B. Smith)..............................................................................................................................3B.1.d. Congratulations to the Edmonton Eskimos Football Club (B. Smith).............................................................3B.1.e. Welcome to the Students from Archbishop Joseph MacNeil Elementary School (B. Smith).......................16B.1.f. Welcome to the Students from St. Philip School (B. Smith).........................................................................20B.1.g. Welcome to the Students from St. Philip School (B. Smith).........................................................................25

B.2. EXEMPTIONS AND VOTE ON ALL OTHER ITEMS..................................................................................3

D. ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1. ADMINISTRATIVE INQUIRIESD.1.a. City Centre Airport (S. Mandel)......................................................................................................................7D.1.b. Art in Public Buildings (D. Thiele)..................................................................................................................8D.1.c. Transportation and Technology (D. Thiele).....................................................................................................9

D.2. REPORTS ON ADMINISTRATIVE INQUIRIESD.2.a. Edmonton Police Service Stand-off with Escaped Prisoner (D. Thiele) ...................................................14D.2.b. Fees for Use of Municipal Rights-of-Way (B. Smith)...................................................................................27

E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERSE.1.a. Budget Adjustment – Edmonton Public Library and Edmonton Police Service .........................................4E.1.b. Notice of Intention to Designate the Imperial Bank of Canada located at 9990 Jasper Avenue

as a Municipal Historic Resource ................................................................................................................4E.1.c. Crime Prevention Through Environmental Design (CPTED) Implementation Program ............................5E.1.d. Oil and Gas Wells ........................................................................................................................................5E.1.e. Competitiveness of Edmonton’s Municipal Tax Levies ............................................................................14E.1.f. Appointment of Council Members to Civic Agencies ...............................................................................27E.1.g. Civic Agency Recruitment – Appointment Recommendations from Executive Committee ....................28E.1.h. Economic Development Edmonton – Chair Interview..................................................................................29

F. REPORTS RELATED TO COMMUNITY SERVICES COMMITTEE MATTERSF.1.a. Greater Edmonton Foundation – Additional Budget Scenarios ................................................................16F.1.b. Re-allocation of Infrastructure Canada – Alberta Program (ICAP Funding) ..............................................6F.1.c. Civic Agency Recruitment – Appointment Recommendations from Community Services Committee .....6F.1.d. Draft AUMA Resolution Regarding Bells on Bicycles.................................................................................22

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERSG.1.a. Fort Road Widening Yellowhead Trail to 129 Avenue ..............................................................................6G.1.b. Nova Gas Transmission Ltd. (NGTL) 2004 General Rate Application – Phase I ......................................7G.1.c. Report of Disposal of Reserve Land Pursuant to Section 674 and 675 of the Municipal Government Act

South of 105 Avenue, East of 103 Street ...................................................................................................12G.1.d. Civic Agency Recruitment – Appointment Recommendations from Transportation and Public Works

Committee ....................................................................................................................................................7G.1.e. Amendment to Traffic Bylaw (Requiring Cyclists to Sound a Bell).............................................................22

H. OTHER REPORTSH.1.a. Strategies for Urban Sustainability Conference – Follow-up ....................................................................20


J. OTHER COMMITTEE REPORTS..................................................................................................................30J.1.a. Edmonton 2004 Funding Negotiations..........................................................................................................30

L. BYLAWSL.1.a. Bylaw 13518 - Parkland Bylaw Amendment No. 13 ................................................................................20L.3.a. Bylaw 13500, as amended - To amend Bylaw 11400, as amended, being the Downtown Area

Redevelopment Plan ....................................................................................................................................9L.3.b. Bylaw 13501, as amended - To amend the Zoning Bylaw from (DC2) Site Specific Development

Control Provision to (DC1) Direct Development Control Provision and (DC2) Site SpecificDevelopment Control Provision; located north of 104 Avenue and west of 101 Street, Downtown ........10

L.3.c. Bylaw 13502 - To close a portion of road right-of-way, located north of 104 Avenue at approximately 103 Street, Downtown ......................................................................................................11

M. MOTIONS ON NOTICEM.1.a. Members of Council Reporting on Boards, Agencies and Commissions ( K. Leibovici).............................23

N. NOTICES OF MOTIONN.1.a. Amendment to the Procedures and Committees Bylaw Regarding Standing Committee

Recommendations made at Council Meetings (D. Thiele)............................................................................25N.1.b. Council Policy Amendment (A. Bolstad)......................................................................................................25

O. ADJOURNMENT.............................................................................................................................................30


Minutes for City Council November 25, 2003...

Documents

Transcript of Minutes for City Council November 25, 2003...