Minutes for City Council July 10, 2003 Meeting

CITY COUNCIL PUBLIC HEARING MINUTES

Thursday, July 10, 2003 Monday, July 14, 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: G. Heaton, Corporate Services Department (Law) 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 1:34 p.m.

Councillors J. Batty, E. Gibbons and J. Melnychuk were absent.

A.2. ADOPTION OF AGENDA

MOVED M. Phair – R. Hayter: That the City Council Public Hearing agenda for the July 10, 2003, meeting be adopted. CARRIED FOR THE MOTION: B. Smith; B. Anderson, A. Bolstad, T. Cavanagh, R. Hayter, L. Langley, K. Leibovici, S. Mandel, M. Phair, D. Thiele. ABSENT: J. Batty, E. Gibbons, J. Melnychuk.

______City Council Public Hearing Meeting Minutes 1 July 10/14, 2003, ak B.1. URGENT MATTERS - PROTOCOL ITEMS

B.1.a. Welcome to Members of the Winnipeg Federation of Canadian Municipalities (FCM) Conference Organizing Committee (K. Leibovici).

Councillor K. Leibovici, on behalf of City Council, welcomed and introduced the following Winnipeg FCM Conference Organizing Committee members:

 Deputy Mayor Lillian Thomas  Councillor Gord Steeves  Curtis O’Myon, Senior Manager, FCM  Karen Mott, Conference Co-ordinator

Edmonton is gearing up to host the 2004 FCM Conference, and Councillor K. Leibovici thanked the guests for their insight into this process.

A.4. EXPLANATION OF THE PUBLIC HEARING PROCESS Mayor B. Smith explained the public hearing process.

Councillors J. Batty and J. Melnychuk 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:

L. BYLAWS

L.1.a. Bylaw 13427 - To close a portion of 170 Street south of Wanyandi Road, Oleskiw. 

PURPOSE

To close a portion of 170 Street south of Wanyandi Road. Once closed, the right- of-way will be consolidated with the lands to the east.

There were no persons present to speak to the passing of Bylaw 13427.

Councillor E. Gibbons entered the meeting.

______City Council Public Hearing Meeting Minutes 2 July 10/14, 2003, ak L.1.b. Bylaw 13419 – To amend the Zoning from (IM) Medium Industrial Zone and (IB) Industrial Business Zone to (IB) Industrial Business Zone and (IM) Medium Industrial Zone, located south of 114 Avenue and east of 184 Street, Edmiston Industrial. 

PURPOSE

To allow for a range of industrial businesses.

Mayor B. Smith asked if there was any objection to Bylaws 13433 and 13434 being read together. No one objected.

L.1.c. Bylaw 13433 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone and (IB) Business Industrial Zone to (IM) Medium Industrial Zone and (IB) Business Industrial Zone, located north of 111 Avenue and west of 189 Street, White Industrial. 

PURPOSE

To allow for the development of light and medium industrial uses.

L.1.d. Bylaw 13434 – To close a portion of road right-of-way located north of 111 Avenue and west of 189 Street, White Industrial. 

PURPOSE

To close a portion of road right-of-way located north of 111 Avenue and west of 189 Street. Once closed, the right-of-way will be consolidated with the property to the south.

There were no persons present to speak to the passing of Bylaws 13433 and 13434.

L.1.e. Bylaw 13435 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone, located west of Winterburn Road and south of 112 Avenue, Winterburn Industrial. 

PURPOSE

To correct an encroachment from the mobile home park.

______City Council Public Hearing Meeting Minutes 3 July 10/14, 2003, ak K. Wakefield, Fraser Milner Casgrain, was in attendance to answer questions in favour of the passing of Bylaw 13435.

L.1.f. Bylaw 13439 – To close a portion of 127 Street and 118 Avenue, Sherbrooke. 

PURPOSE

To close a portion of 127 Street and 118 Avenue. The right-of-way has already been consolidated with the property to the north and west by Bylaw 9000.

M. Mozdzenski was in attendance to speak in opposition to the passing of Bylaw 13439.

L.1.g. Bylaw 13438 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RSL) Residential Small Lot Zone and (RF4) Semi- detached Residential Zone, located north of 23 Avenue and west of Rabbit Hill Road, Leger. 

PURPOSE

To allow for the development of single detached and semi-detached housing.

Mayor B. Smith asked if there was any objection to item E.1.a. and Bylaw 13420 being read together. No one objected.

E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

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

L. BYLAWS

L.1.h. Bylaw 13420 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (US) Urban Services Zone, located south of 43 Avenue and east of 93 Street, Strathcona Industrial Park. 

PURPOSE

To facilitate the expansion of an existing religious assembly and associated use.

______City Council Public Hearing Meeting Minutes 4 July 10/14, 2003, ak There were no persons present to speak to the passing of item E.1.a. and Bylaw 13420.

L.1.i. Bylaw 13432 – To amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (RF3) Low Density Development Zone, located at 12304 – 129 Street, Sherbrooke. 

PURPOSE

To accommodate the development of an additional dwelling on the parcel.

F. Demir (in favour); and B. Lindsay (in opposition) were in attendance to speak to the passing of Bylaw 13432.

L.1.a. Bylaw 13427 - To close a portion of 170 Street south of Wanyandi Road, Oleskiw. 

L.1.b. Bylaw 13419 – To amend the Zoning from (IM) Medium Industrial Zone and (IB) Industrial Business Zone to (IB) Industrial Business Zone and (IM) Medium Industrial Zone, located south of 114 Avenue and east of 184 Street, Edmiston Industrial. 

L.1.c. Bylaw 13433 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone and (IB) Business Industrial Zone to (IM) Medium Industrial Zone and (IB) Business Industrial Zone, located north of 111 Avenue and west of 189 Street, White Industrial. 

L.1.d. Bylaw 13434 – To close a portion of road right-of-way located north of 111 Avenue and west of 189 Street, White Industrial. 

L.1.e. Bylaw 13435 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone, located west of Winterburn Road and south of 112 Avenue, Winterburn Industrial. 

L.1.g. Bylaw 13438 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RSL) Residential Small Lot Zone and (RF4) Semi- detached Residential Zone, located north of 23 Avenue and west of Rabbit Hill Road, Leger. 

______City Council Public Hearing Meeting Minutes 5 July 10/14, 2003, ak E.1.a. Adoption of an Amendment to the South Industrial Area Outline Plan. 

L.1.h. Bylaw 13420 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (US) Urban Services Zone, located south of 43 Avenue and east of 93 Street, Strathcona Industrial Park. 

MOVED B. Anderson – M. Phair: That the public hearing on Bylaws 13427, 13419, 13433, 13434, 13435, 13438, item E.1.a. and Bylaw 13420 be closed. 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 13427, 13419, 13433, 13434, 13435, 13438 and 13420 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 – M. Phair: That Bylaws 13427, 13419, 13433, 13434, 13435, 13438 and 13420 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 13427, 13419, 13433, 13434, 13435, 13438 and 13420 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.

______City Council Public Hearing Meeting Minutes 6 July 10/14, 2003, ak MOVED B. Anderson – M. Phair:

That Bylaws 13427, 13419, 13433, 13434, 13435, 13438 and 13420 be Distribution List read a third 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.

E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS

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

MOVED B. Anderson – M. Phair:

That the South Industrial Area Outline Plan be amended by adding the Planning & Dev. following clause to the end of Section C, “Special Considerations,” (page 28):

“4. Consideration for Non-Industrial Uses

Religious assembly uses may be located in High Standard Industrial Development (IB) areas near major arterial and collector roadways. Proposed religious assembly developments within the plan area will be reviewed based on ease of access, visibility, compatibility to adjacent land uses, and environmental assessment.”

L. BYLAWS

L.1.f. Bylaw 13439 – To close a portion of 127 Street and 118 Avenue, Sherbrooke. 

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

______City Council Public Hearing Meeting Minutes 7 July 10/14, 2003, ak M. Mozdzenski made a presentation and answered Council's questions.

B. Kropf, Planning and Development Department, answered Council's questions. Copies of the Sherbrooke Square site plan were distributed to Members of Council and a copy was filed with the Office of the City Clerk.

G. Heaton, Corporate Services Department (Law); and R. Toohey, Transportation and Streets Department, answered Council's questions.

MOVED A. Bolstad – R. Hayter:

That Bylaw 13439 be referred back to Administration to report to the Planning & Dev. August 20, 2003, City Council Public Hearing meeting at 2 p.m., Transportation & Streets specifically on the access and egress points to this site, keeping in mind the traffic flows in the immediate area. Due: Aug. 20, 2003 @ 2 p.m.

Bylaw 13439:

Councillors E. Gibbons, S. Mandel and D. Thiele were absent from part of the discussion with respect to the public hearing on this Bylaw.

Mayor B. Smith; Councillors B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, R. Hayter, L. Langley, K. Leibovici, J. Melnychuk and M. Phair attended all of the discussion with respect to the public hearing on this Bylaw.

L.1.i. Bylaw 13432 – To amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (RF3) Low Density Development Zone, located at 12304 – 129 Street, Sherbrooke. 

F. Demir made a presentation and answered Council's questions. A copy of F. Demir’s proposed residence addition views was filed with the Office of the City Clerk.

B. Lindsay withdrew his request to speak.

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

______City Council Public Hearing Meeting Minutes 8 July 10/14, 2003, ak MOVED R. Hayter – M. Phair: That any Member of Council who may wish to do so be allowed to speak for an additional five minutes. 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.

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

MOVED A. Bolstad – R. Hayter: That Bylaw 13432 be read a first time with the following changes: 1. That all references to “RF3” be changed to “RF2.” 2. That all references to “Low Density Development Zone” be changed to “Low Density Infill Zone.”

MOVED M. Phair – L. Langley:

That Bylaw 13432 and the following Motion on the Floor be referred back Planning & Dev. to Administration to consult with the Applicant on the proposed changes to the Bylaw, and report back to the August 20, 2003, City Council Public Due: Aug. 20, 2003 Hearing meeting at 2 p.m.: @ 2 p.m.

MOVED A. Bolstad – R. Hayter (Made at the July 10, 2003, City Council Public Hearing meeting): That Bylaw 13432 be read a first time with the following changes: 1. That all references to “RF3” be changed to “RF2.” L.1.i. contd. 2. That all references to “Low Density Development Zone” be Planning & Dev. changed to “Low Density Infill Zone.” Due: Aug. 20, 2003 @ 2 p.m.

Bylaw 13432:

______City Council Public Hearing Meeting Minutes 9 July 10/14, 2003, ak Councillors J. Batty and S. Mandel were absent from part of the discussion with respect to the public hearing on this Bylaw. Mayor B. Smith and Councillors B. Anderson, A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, L. Langley, K. Leibovici, J. Melnychuk, M. Phair and D. Thiele attended all of the discussion with respect to the public hearings on this Bylaw.

L. BYLAWS

L.1.j. Bylaw 13429 - To amend Bylaw 10704, as amended, being the Boyle Street/McCauley Area Redevelopment Plan. 

PURPOSE To allow for the development of a 12-storey apartment building with the opportunity to use the first storey for apartment housing, commercial uses or a mix of apartment housing and commercial uses.

L.1.k. Bylaw 13440 – To amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (DC2) Site Specific Development Control Provision, located at 4725 – 106 Avenue, Gold Bar. 

PURPOSE To accommodate the development of a multi-purpose facility operated by the L’Arche Association which will include day program services, a gathering facility, boarding and lodging (sleeping units for staff) and administrative support services. The L’Arche Association is a faith based non-profit organization, which assists individuals with mental disabilities.

I. Billey was in attendance to speak in opposition to the passing of Bylaw 13440.

MOVED T. Cavanagh – D. Thiele:

That Bylaw 13440 be postponed to the November 18, 2003, City Council Planning & Dev. Public Hearing meeting at 2 p.m. Due: Nov. 18, 2003

______City Council Public Hearing Meeting Minutes 10 July 10/14, 2003, ak @ 2 p.m.

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

L.1.j. Bylaw 13429 - To amend Bylaw 10704, as amended, being the Boyle Street/McCauley Area Redevelopment Plan. 

B. Kropf, Planning and Development Department; D. Dublanko, Asset Management and Public Works Department; and G. Heaton, Corporate Services Department (Law), answered Council's questions.

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

MOVED R. Hayter – J. Batty: That the public hearing on Bylaw 13429 be closed. 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 – D. Thiele: That Bylaw 13429 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, S. Mandel, J. Melnychuk, D. Thiele. OPPOSED: K. Leibovici, M. Phair.

MOVED J. Batty – R. Hayter: That Bylaw 13429 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, S. Mandel, J. Melnychuk, D. Thiele. OPPOSED: K. Leibovici, M. Phair.

______City Council Public Hearing Meeting Minutes 11 July 10/14, 2003, ak MOVED J. Batty – D. Thiele: That Bylaw 13429 be considered for third reading. RECONSIDERED 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, D. Thiele. OPPOSED: M. Phair.

MOVED M. Phair – J. Melnychuk: That the following motion be reconsidered:

MOVED J. Batty – D. Thiele: That Bylaw 13429 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 – D. Thiele:

That Bylaw 13429 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, S. Mandel, J. Melnychuk, D. Thiele. OPPOSED: K. Leibovici, M. Phair.

Council recessed at 3:17 p.m.

Council reconvened at 3:50 p.m.

Councillors R. Hayter and D. Thiele were absent.

______City Council Public Hearing Meeting Minutes 12 July 10/14, 2003, ak A.4. EXPLANATION OF THE PUBLIC HEARING PROCESS Mayor B. Smith explained the public hearing process.

Councillors R. Hayter and D. Thiele entered the meeting.

L. BYLAWS

Mayor B. Smith asked if there was any objection to Bylaws 13318, 13331 and 13319 being read together. No one objected.

L.1.l. Bylaw 13318 - To amend Bylaw 6075, as amended, being the Clareview Town Centre Neighbourhood Area Structure Plan (NASP). 

PURPOSE

To re-designate the site from DC2 Townhouse and Low Density Residential to High Density Residential, Medium Density Residential, Low Density Residential, Single Family Residential and Neighbourhood Commercial uses.

L.1.m. Bylaw 13331 – To amend the text of the Bylaw 12800, as amended, being the Edmonton Zoning Bylaw. 

PURPOSE

To amend the Zoning Bylaw by adding the proposed Section 950 Special Area Clareview Campus Provisions. The proposed amendment will set the land uses, regulations and area of application for the Special Area Clareview Campus Provisions. The proposed Section 950 will create specific land uses, regulations and defined areas of application for High Density Residential, Medium Density Residential, Low Density Residential, Single Family Residential and Neighbourhood Commercial uses in the north eastern portion of Clareview Campus Neighbourhood.

______City Council Public Hearing Meeting Minutes 13 July 10/14, 2003, ak L.1.n. Bylaw 13319 – To amend the Zoning Bylaw and Appendix I to Section 950 – Special Area Clareview Campus from (RF1) Single Detached Residential Zone and (DC2) Site Specific Development Control Provision to (CCHD) Clareview Campus High Density Zone, (CCMD) Clareview Campus Medium Density Zone, (CCLD) Clareview Campus Low Density Zone, (CCSF) Clareview Campus Single Family Residential Zone and (CCNC) Clareview Campus Neighbourhood Commercial Zone, Clareview Campus. 

PURPOSE

To implement Section 950 – Special Area Clareview Campus of the Zoning Bylaw.

B. Middleton, Lear Real Estate Ltd.; and L. Newton, Stantec Consulting Ltd. (to answer questions); R. Noce, Duncan & Craig; and B. Lindsay were in attendance to speak in favour of the passing of Bylaws 13318, 13331 and 13319.

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

B. Middleton, Lear Real Estate Ltd.; and L. Newton, Stantec Consulting Ltd., answered Council's questions.

B. Lindsay made a presentation and answered Council's questions.

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

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

MOVED J. Melnychuk – M. Phair: That Bylaws 13318, 13331 and 13319 be referred back to Administration to report back to the October 15, 2003, City Council Public Hearing meeting at 3:45 p.m. on the amendments which would be necessary to reduce the total number of dwelling units in Clareview Town Centre from 2,608 to 2,000.

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

MOVED J. Batty – M. Phair: That the following motion be reconsidered:

______City Council Public Hearing Meeting Minutes 14 July 10/14, 2003, ak MOVED J. Melnychuk – M. Phair: That Bylaws 13318, 13331 and 13319 be referred back to Administration to report back to the October 15, 2003, City Council Public Hearing meeting at 3:45 p.m. on the amendments which would be necessary to reduce the total number of dwelling units in Clareview Town Centre from 2,608 to 2,000. CARRIED FOR THE MOTION: B. Smith; B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, R. Hayter, K. Leibovici, S. Mandel, J. Melnychuk, M. Phair. OPPOSED: E. Gibbons, L. Langley, D. Thiele.

MOVED J. Melnychuk – M. Phair: That Bylaws 13318, 13331 and 13319 be referred back to Administration to report back to the October 15, 2003, City Council Public Hearing meeting at 3:45 p.m. on the amendments which would be necessary to reduce the total number of dwelling units in Clareview Town Centre from 2,608 to 2,000. LOST FOR THE MOTION: R. Hayter, K. Leibovici, J. Melnychuk, M. Phair. OPPOSED: B. Smith; B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons, L. Langley, S. Mandel, D. Thiele.

MOVED T. Cavanagh – J. Batty: That the public hearing on Bylaws 13318, 13331 and 13319 be closed. CARRIED FOR THE MOTION: B. Smith; J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, L. Langley, K. Leibovici, S. Mandel, J. Melnychuk, M. Phair, D. Thiele. OPPOSED: B. Anderson.

MOVED T. Cavanagh – S. Mandel: That Bylaws 13318, 13331 and 13319 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, M. Phair, D. Thiele. OPPOSED: J. Melnychuk.

______City Council Public Hearing Meeting Minutes 15 July 10/14, 2003, ak MOVED T. Cavanagh – E. Gibbons: That Bylaws 13318, 13331 and 13319 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, M. Phair, D. Thiele. OPPOSED: J. Melnychuk.

MOVED T. Cavanagh – E. Gibbons: That Bylaws 13318, 13331 and 13319 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 T. Cavanagh – E. Gibbons:

That Bylaws 13318, 13331 and 13319 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, M. Phair, D. Thiele. OPPOSED: J. Melnychuk.

MOVED J. Melnychuk – M. Phair: That Administration prepare a report with recommendations on the impact of the proposed development within the existing Clareview community, including Police, Emergency Services, Social and Recreation Services. This report should return to the Community Services Committee, and the appropriate staff should be invited to attend to answer questions. LOST FOR THE MOTION: K. Leibovici, J. Melnychuk, M. Phair, D. Thiele. OPPOSED: B. Smith; B. Anderson, J. Batty, A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, L. Langley, S. Mandel.

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.a. Clareview Campus Site.

______City Council Public Hearing Meeting Minutes 16 July 10/14, 2003, ak MOVED A. Bolstad – M. Phair:

That Administration prepare a report for City Council on the status of land Asset Mgmt. & Public assembly of the Clareview Campus site and the potential for expropriation Works of campus lands required for municipal purposes, such as the pedestrian Planning & Dev. corridor at the north end of the campus site. City Council Due: Sep. 8, 2003

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

Council recessed at 5:33 p.m.

Council reconvened at 7:03 p.m.

Councillors A. Bolstad, S. Mandel, J. Melnychuk and D. Thiele were absent.

L. BYLAWS

Mayor B. Smith asked if there was any objection to Bylaws 13436 and 13437 being read together. No one objected. Councillors S. Mandel and J. Melnychuk entered the meeting.

L.1.o. Bylaw 13436 – To amend Bylaw 11890, as amended, being the Strathcona Area Redevelopment Plan, Whyte Avenue commercial area, Strathcona, Ritchie, Queen Alexandra and Garneau. 

PURPOSE

To create a policy that prohibits new Bars and Neighbourhood Pubs, and Nightclubs in the Whyte Avenue Commercial Area, and prohibits the expansion of existing Bars and Neighbourhood Pubs, and Nightclubs in the Whyte Avenue Commercial Area. In addition, Council also requested that Administration

______City Council Public Hearing Meeting Minutes 17 July 10/14, 2003, ak evaluate the effectiveness and merits of the Whyte Avenue Commercial Area Overlay one-year after implementation and report back to City Council.

L.1.p. Bylaw 13437 - To amend the Zoning Bylaw by creating a Whyte Avenue Commercial Overlay and regulations. 

PURPOSE

To create an Overlay that prohibits new Bars and Neighbourhood Pubs, and prohibits the expansion of existing Bars and Neighbourhood Pubs, and Nightclubs. The Whyte Avenue Commercial Overlay (the Overlay) implements an associated ARP policy by describing development regulations and an area of application. The area of application is located in an area identified in the Strathcona ARP as the Whyte Avenue Commercial Area.

G. McGowan, Strathcona Community League; A. de Villars, Garneau Community League Planning Committee; W. Moen, Old Strathcona Foundation; N. German; and A. Wells (in favour); and R. Ferguson, Westcorp; G. Blazek; J. McLeod; and R. Gosche (in opposition) were in attendance to speak to the passing of Bylaws 13436 and 13437.

S. Fekner, Planning and Development Department, made a presentation.

Councillors A. Bolstad and D. Thiele entered the meeting.

G. McGowan, Strathcona Community League, made a presentation and answered Council's questions.

A. de Villars, Garneau Community League Planning Committee; and W. Moen, Old Strathcona Foundation, made presentations. N. German; A. Wells; R. Ferguson, Westcorp; G. Blazek; J. McLeod; and R. Gosche made presentations and answered Council's questions.

MOVED T. Cavanagh – B. Smith:

That City Council reconvene on Monday, July 14, 2003, at 2 p.m. in Council Chamber, to complete the Public Hearing agenda. CARRIED FOR THE MOTION: B. Smith; B. Anderson, A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, L. Langley, K. Leibovici, S. Mandel, M. Phair, D. Thiele. OPPOSED: J. Batty, J. Melnychuk. Orders of the Day were called.

Council adjourned at 9:26 p.m.

Council reconvened on Monday, July 14, 2003, at 2:01 p.m.

______City Council Public Hearing Meeting Minutes 18 July 10/14, 2003, ak Deputy Mayor J. Melnychuk presided.

Mayor B. Smith and Councillors B. Anderson, A. Bolstad, E. Gibbons and K. Leibovici were absent.

MOVED M. Phair – J. Batty: That Bylaws 13436 and 13437 be referred back to Administration to return to the September 15, 2003, City Council Public Hearing meeting at 3:45 p.m. with the following: 1. Revisions so that the bar closed by the recent fire on Whyte Avenue and 104 Street (Stolli’s) could be reopened in the replaced building if so desired. 2. Revisions so that the effective date of the Bylaws would be September 15, 2003. 3. Possible amendment(s) that would allow for new dining facilities with an attached minor and ancillary use lounge in the Overlay Area.

Councillor B. Anderson entered the meeting. S. Fekner, Planning and Development Department, answered Council's questions. Copies of a fact sheet were distributed to Members of Council and a copy was filed with the Office of the City Clerk. Councillor E. Gibbons entered the meeting.

AMENDMENT MOVED R. Hayter – T. Cavanagh: That a part 4 be added as follows: 4. A report prepared by the Fire Branch of the Emergency Response Department, in consultation with the Alberta Gaming and Liquor Control Commission, outlining the steps taken to control occupancy limits of bars and nightclubs in the Whyte Avenue area, and indicating the number of establishments that have been warned or penalized for exceeding their occupancy limits in the past two years.

S. Phipps, Corporate Services Department (Law); S. Fekner, Planning and Development Department; and R. Toohey, Transportation and Streets Department, answered Council's questions.

Councillor K. Leibovici entered the meeting. CARRIED FOR THE AMENDMENT: B. Anderson, J. Batty, T. Cavanagh, R. Hayter, L. Langley, S. Mandel, J. Melnychuk, M. Phair. OPPOSED: E. Gibbons, K. Leibovici, D. Thiele. ABSENT: B. Smith; A. Bolstad.

______City Council Public Hearing Meeting Minutes 19 July 10/14, 2003, ak MOTION, AS AMENDED, put:

That Bylaws 13436 and 13437 be referred back to Administration to return Planning & Dev. to the September 15, 2003, City Council Public Hearing meeting at 3:45 p.m. with the following: Emergency Response 1. Revisions so that the bar closed by the recent fire on Whyte Avenue and 104 Street (Stolli’s) could be reopened in the Due: Sep. 15, 2003 replaced building if so desired. @ 3:45 p.m. 2. Revisions so that the effective date of the bylaws would be September 15, 2003. 3. Possible amendment(s) that would allow for new dining facilities with an attached minor and ancillary use lounge in the Overlay Area. 4. A report prepared by the Fire Branch of the Emergency Response Department, in consultation with the Alberta Gaming and Liquor Control Commission, outlining the steps taken to control occupancy limits of bars and nightclubs in the Whyte Avenue area, and indicating the number of establishments that have been warned or penalized for exceeding their occupancy limits in the past two years.

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

Bylaws 13436 and 13437:

Mayor B. Smith and Councillors B. Anderson, A. Bolstad, T. Cavanagh, E. Gibbons, R. Hayter, K. Leibovici, S. Mandel, M. Phair and D. Thiele were absent from part of the discussion with respect to the public hearing on these Bylaws. Councillors J. Batty, L. Langley and J. Melnychuk attended all of the discussion with respect to the public hearings on these Bylaws.

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS

G.1.b. Use of High Illumination Street Lighting.

______City Council Public Hearing Meeting Minutes 20 July 10/14, 2003, ak MOVED R. Hayter – M. Phair:

That Administration prepare a report on the potential of using high Transportation & Streets illumination street lighting as a means of dispersing patrons at the closing Police Commission time of bars and nightclubs. City Council Due: Sep. 8, 2003

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

B.1. URGENT MATTERS - PROTOCOL ITEMS

B.1.b. Welcome to Lutheran World Federation Meeting Delegation (E. Gibbons).

Councillor E. Gibbons, on behalf of City Council, welcomed the Lutheran World Federation delegation, led by Rev. M. Garber-Conrad and Rev. Brian Patterson. The delegation is on its way to the Lutheran World Federation meeting in Winnipeg.

Other delegations currently in Canada are from Indonesia, Sierra Leone, Austria, Germany and Colombia.

N. NOTICES OF MOTION

Deputy Mayor J. Melnychuk asked whether there were any Notices of Motion. There were none.

(Sec. 91. B.L. 12300)

O. ADJOURNMENT

The meeting adjourned at 2:30 p.m.

______City Council Public Hearing Meeting Minutes 21 July 10/14, 2003, ak ______

MAYOR CITY CLERK

______City Council Public Hearing Meeting Minutes 22 July 10/14, 2003, ak INDEX CITY COUNCIL PUBLIC HEARING MINUTES JULY 10/14, 2003

A. CALL TO ORDER AND RELATED BUSINESS...... 1 A.1. CALL TO ORDER...... 1 A.2. ADOPTION OF AGENDA...... 1 A.4. EXPLANATION OF THE PUBLIC HEARING PROCESS...... 2/10/13/18 A.5. CALL FOR PERSONS TO SPEAK...... 2/10/13/18

B.1. URGENT MATTERS - PROTOCOL ITEMS...... 2/22 B.1.a. Welcome to Members of the Winnipeg Federation of Canadian Municipalities (FCM) Conference Organizing Committee (K. Leibovici)...... 2 B.1.b. Welcome to Lutheran World Federation Meeting Delegation (E. Gibbons)...... 22

E. REPORTS RELATED TO EXECUTIVE COMMITTEE MATTERS...... 4/7 E.1.a. Adoption of an Amendment to the South Industrial Area Outline Plan. ...... 4/6/7

G. REPORTS RELATED TO TRANSPORTATION AND PUBLIC WORKS COMMITTEE MATTERS. 17/21 G.1.a. Clareview Campus Site...... 17 G.1.b. Use of High Illumination Street Lighting...... 22

L. BYLAWS...... 2/5/8/10/13/18 L.1.a. Bylaw 13427 - To close a portion of 170 Street south of Wanyandi Road, Oleskiw. ...... 2/5

L.1.b. Bylaw 13419 – To amend the Zoning from (IM) Medium Industrial Zone and (IB) Industrial Business Zone to (IB) Industrial Business Zone and (IM) Medium Industrial Zone, located south of 114 Avenue and east of 184 Street, Edmiston Industrial. ...... 3/5

L.1.c. Bylaw 13433 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone and (IB) Business Industrial Zone to (IM) Medium Industrial Zone and (IB) Business Industrial Zone, located north of 111 Avenue and west of 189 Street, White Industrial. ...... 3/5

L.1.d. Bylaw 13434 – To close a portion of road right-of-way located north of 111 Avenue and west of 189 Street, White Industrial. ...... 3/5

L.1.e. Bylaw 13435 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (RMH) Mobile Home Zone, located west of Winterburn Road and south of 112 Avenue, Winterburn Industrial. ...... 4/6

L.1.f. Bylaw 13439 – To close a portion of 127 Street and 118 Avenue, Sherbrooke. ...... 4/8

L.1.g. Bylaw 13438 – To amend the Zoning Bylaw from (AGU) Urban Reserve Zone to (RSL) Residential Small Lot Zone and (RF4) Semi-detached Residential Zone, located north of 23 Avenue and west of Rabbit Hill Road, Leger. ...... 4/6

______City Council Public Hearing Meeting Minutes July 10/14, 2003, ak L.1.h. Bylaw 13420 – To amend the Zoning Bylaw from (IM) Medium Industrial Zone to (US) Urban Services Zone, located south of 43 Avenue and east of 93 Street, Strathcona Industrial Park. . 5

L.1.i. Bylaw 13432 – To amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (RF3) Low Density Development Zone, located at 12304 – 129 Street, Sherbrooke. ...... 5/9

L.1.j. Bylaw 13429 - To amend Bylaw 10704, as amended, being the Boyle Street/McCauley Area Redevelopment Plan. ...... 10/11

L.1.k. Bylaw 13440 – To amend the Zoning Bylaw from (RF1) Single Detached Residential Zone to (DC2) Site Specific Development Control Provision, located at 4725 – 106 Avenue, Gold Bar. ...... 11

L.1.l. Bylaw 13318 - To amend Bylaw 6075, as amended, being the Clareview Town Centre Neighbourhood Area Structure Plan (NASP). ...... 14

L.1.m. Bylaw 13331 – To amend the text of the Bylaw 12800, as amended, being the Edmonton Zoning Bylaw. ...... 14

L.1.n. Bylaw 13319 – To amend the Zoning Bylaw and Appendix I to Section 950 – Special Area Clareview Campus from (RF1) Single Detached Residential Zone and (DC2) Site Specific Development Control Provision to (CCHD) Clareview Campus High Density Zone, (CCMD) lareview Campus Medium Density Zone, (CCLD) Clareview Campus Low Density Zone, CCSF) Clareview Campus Single Family Residential Zone and (CCNC) Clareview Campus eighbourhood Commercial Zone, Clareview Campus. ...... 14

L.1.o. Bylaw 13436 – To amend Bylaw 11890, as amended, being the Strathcona Area Redevelopment lan, Whyte Avenue commercial area, Strathcona, Ritchie, Queen Alexandra and Garneau. ...18

L.1.p. Bylaw 13437 - To amend the Zoning Bylaw by creating a Whyte Avenue Commercial Overlay nd regulations. ...... 19

N. NOTICES OF MOTION...... 22 O. ADJOURNMENT...... 23

______City Council Public Hearing Meeting Minutes July 10/14, 2003, ak