Minutes for Executive Committee April 28, 1998 meeting.webdocs.edmonton.ca/Meetings/arch_standing/executive… · Web viewThat the current public process for wireless communication

EXECUTIVE COMMITTEE MEETING NO. 15

Tuesday, April 28, 1998

MEMBERS: PRESENT:B. Smith, Chair B. SmithB. Mason, Vice-Chair B. MasonA. Bolstad A. BolstadM. Phair M. Phair

ALSO IN ATTENDANCE:

B.E. Thom, Q.C., City Manager.D.H. Edey, City Clerk.E.L. Britton, Office of the City Clerk.

A. CALL TO ORDER AND RELATED BUSINESS

A.1. CALL TO ORDER

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

A.2. ADOPTION OF AGENDA

MOVED M. Phair:

That the Executive Committee Agenda (No. 15) for the April 28, 1998 meeting be adopted with the following changes:

That items D.3.a (Status of Reports) and E.2.a. C (Video Lottery Terminals (VLTs) Petition) be added to the agenda; and

Executive CommitteeMeeting No. 15 Minutes Page 163 April 28, 1998

E.5.b. Cosmopolitan Music Society.___________________________________________________________

That the March 17, 1998 Asset Management and Public Works Department report be postponed to the May 13, 1998 Executive Committee meeting at 10:00 a.m.

Asset Mgmt. & Public WorksDue: May 13, 1998 10:00 a.m.

CARRIEDFOR THE MOTION: B. Smith; A. Bolstad, B. Mason, M. Phair.

A.3. ADOPTION OF MINUTES

MOVED M. Phair:

That the Minutes of the April 15, 1998 Executive Committee Meeting (No. 14) be adopted with the following correction:

On page 162, item M.1.a., be amended by inserting the words “and the Heritage Room” after the word “Room” and the words “the sound” be changed to “their sound”.


B.2. EXEMPTIONS AND VOTE ON ALL OTHER ITEMS

MOVED M. Phair:

That items D.2.a., D.3.a., E.1.a. C., E.2.c., E.2.d. C., E.2.e., E.4.a., E.4.b and E.5.a. be exempted for debate; and

E.2. CORPORATE SERVICES DEPARTMENT

E.2.a. C Video Lottery Terminals (VLTs) Petition.

That the Executive Committee recommend to City Council:

That the following motion be passed:

Executive CommitteeMeeting No. 15 Minutes 163April 28, 1998

(MOVED M. Phair – R. Noce - Made at April 21, 1998 City Council meeting):

1. That the Mayor write a letter to the Premier of the Province of Alberta requesting that the Province review and resolve the issue of Video Lottery Terminals (VLTs) within the Province.

2. That City Council allocate, from Council Contingency, $150,000 to the Corporate Services Department, Office of the City Clerk, for the purpose of processing a petition with respect to VLTs to ensure compliance with the Municipal Government Act, and that the Office of the City Clerk be authorized to spend up to $50,000 in preparation for receipt of a petition and the balance to be spent only if a petition is actually received.

3. That the Corporate Services Department, as an exception to the City Policy C445C, “Appointment of Consultants”, be authorized to negotiate and enter into an Agreement with a supplier for the purpose of processing a petition without going to public tender.

E.2.b. Contract/Consultant Report for March 1998.

That the April 7, 1998 Corporate Services Department report be received for information.

Corporate Svcs.


MOVED M. Phair:

That Orders of the Day be suspended so that item E.4.b. (Freestanding Communications Tower, Clareview) can be dealt with as the first item on the agenda.


D. ADMINISTRATIVE INQUIRIES AND RESPONSES

D.1. ADMINISTRATIVE INQUIRIES


D.1.a. Economic Development Edmonton – Maple Leaf Plant/Edmonton Oilers (B. Mason).

“This inquiry is directed to Economic Development Edmonton. EDE’s analysis indicates a much greater economic impact of the Maple Leaf Plant versus the Edmonton Oilers Hockey Club. I would like a report on the amount of time, resources and effort allocated to the attempt to keep the Edmonton Oilers here as opposed to the attempts to attract a new Maple Leaf Plant to Edmonton. The report should include an account of the money spent, an estimate of the time spent by the organization on the two projects; and, any other significant commitment of resources by EDE. I would like this report at the June 17, 1998 Executive Committee meeting.”

EDE

Due: June 17, 1998

E.4. PLANNING AND DEVELOPMENT DEPARTMENT

E.4.b. Freestanding Communications Tower, Clareview.

MOVED M. Phair:

1. That an ad hoc committee be set up for the purpose of establishing a public consultation protocol regarding the placement of residential cellular phones that meets the needs of the City, referencing the City of Calgary Model.

2. That the ad hoc committee be comprised of:

a. Members of City Council.

b. Representatives of the four licensed wireless carriers.

c. Members of the City Administration.

d. Representatives from Industry Canada.

3. That the ad hoc committee work to develop a final report for the July 2, 1998 Executive Committee meeting.

4. That the ad hoc committee provide an interim report with a recommended process no later than mid-June to the Executive Committee.


5. That the current public process for wireless communication towers approved by Council in July of 1997 continue in the interim.

6. That the Administration require any application by a wireless carrier for a residential tower during this interim period include results of a consultation with the other carriers on the proposed location and possibilities for co-location; and

7. That the April 8, 1998 Planning and Development report on “Freestanding Communications Tower, Clareview” be postponed to be dealt with the final report of the ad hoc committee in July.

MOVED A. Bolstad:

That this item be postponed until representatives of the Administration are present.


(cont’d. on page 169)

D.2. REPORTS ON ADMINISTRATIVE INQUIRIES

D.2.a. Television and Film Industry in Edmonton (M. Phair).

MOVED M. Phair:

That this item be postponed until the May 13, 1998 Executive Committee meeting to allow representatives of Economic Development Edmonton to be present.

EDE

Due: May 13, 1998


Mayor B. Smith vacated the Chair and Vice-Chair B. Mason presided.

Mayor B. Smith left the meeting.


E.1. OFFICE OF THE CITY MANAGER

E.1.a. C Resolutions for the 1998 Alberta Urban Municipalities Association (AUMA) Annual Convention.

D.H. Edey, City Clerk, answered the Committee’s questions.

Mayor B. Smith re-entered the meeting.

Vice-Chair B. Mason vacated the Chair and Mayor B. Smith presided.

MOVED M. Phair:


That the following six resolutions be approved for submission to the 1998 AUMA Annual Convention:

1. Length of Council Term of Office.

2. Election for Regional Health Authority Members.

3. Senatorial Selection Elections with the following wording:

THAT BE IT RESOLVED that the Alberta Urban Municipalities Association urge the Provincial Government that, if the Provincial Government holds senatorial elections, that they not be held in conjunction with municipal elections.

4. Community Lottery Boards.

5. Redesign of Services for Children and Families.

6. Low-Income Housing Demand.

Members of the Committee requested that the motion be split for voting purposes.

MOTION ON RESOLUTION 1 put:


That Resolution 1 on the Length of Council Term of Office be approved for submission to the 1998 AUMA Annual Convention.


LOSTFOR THE MOTION; B. Smith, A. Bolstad.OPPOSED: B. Mason, M. Phair.

MOTION ON RESOLUTIONS 2, revised 3, 4, 5 and 6 put:


That Resolutions 2, revised 3, 4, 5 and 6 be approved for submission to the 1998 AUMA Annual Convention and be renumbered accordingly:

2. Election for Regional Health Authority Members.

3. Senatorial Selection Elections (as revised).

4. Community Lottery Boards.

5. Redesign of Services for Children and Families.

6. Low-Income Housing Demand.



(Cont’d. from page 167)

E.4.b. Freestanding Communications Tower, Clareview.

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

AMENDMENT MOVED A. Bolstad:

That in Part 4 of the motion that the words “an interim report with a recommended process no later than mid-June to the Executive Committee” be replaced with the words “a progress report to the June 17, 1998 Executive Committee meeting”.

CARRIEDFOR THE AMENDMENT: B. Smith; A. Bolstad, M. Phair.OPPOSED: B. Mason.

MOTION ON PART 4 AS AMENDED put:


4. That the ad hoc committee provide a progress report to the June 17, 1998 Executive Committee meeting.

LOSTFOR THE MOTION AS AMENDED: B. Smith, M. Phair.OPPOSED: A. Bolstad, B. Mason.

MOTION ON ITEM E.4.b. AS AMENDED put:

1. That an ad hoc committee be set up for the purpose of establishing a public consultation protocol regarding the placement of residential cellular phones that meets the needs of the City, referencing the City of Calgary Model.

2. That the ad hoc committee be comprised of:

a. Members of City Council.

b. Representatives of the four licensed wireless carriers.

c. Members of the City Administration.

d. Representatives from Industry Canada.

3. That the ad hoc committee work to develop a final report for the July 2, 1998 Executive Committee meeting.

4. That the current public process for wireless communication towers approved by Council in July of 1997 continue in the interim.

5. That the Administration require any application by a wireless carrier for a residential tower during this interim period include results of a consultation with the other carriers on the proposed location and possibilities for co-location; and

6. That the April 8, 1998 Planning and Development Department report on “Freestanding Communications Tower, Clareview” be postponed to be dealt with the final report of the ad hoc committee in July.

Planning & Dev.

Due: July 2, 1998


CARRIEDFOR THE MOTIONAS AMENDED: B. Smith; A. Bolstad, B. Mason, M. Phair.

D.3. STATUS OF REPORTS

D.3.a. City Regulation Governing the Number of Portable Signs.

M. Garrett, Planning and Development Department, answered the Committee’s questions.

MOVED A. Bolstad:

That the revised due date of June 17, 1998 be approved. Planning & Dev.Due: June 17, 1998


E. CORPORATE SERVICES DEPARTMENT

E.2.c. Open Tenders Greater than $500,000 and Request to Hire Consultants where Estimates Exceed $100,000 as at April 7, 1998.________________________________________________________________

R. Caldwell and K. Singh, Planning and Development Department, answered the Committee's questions.

MOVED M. Phair:


Corporate Svcs.

CARRIED FOR THE MOTION: B. Smith; A. Bolstad, B. Mason, M. Phair.

E.2.d. C City ’97 – Preparing for the Future – Stream “Z” – Option 3 – Raise All Fines on Specified Bylaws.__________________________________________________________________


D. Aitken, Edmonton Police Service; W. Mandryk and L. McCormick, Transportation and Streets Department; Staff Sergeant R. Wall, Edmonton Police Service; and A. Massing, Corporate Services Department (Law), answered the Committee's questions.

MOVED B. Mason:



AMENDMENT MOVED B. Smith:

That Schedule IV of Bylaw No. 11698, a Bylaw to Amend Bylaw No. 5590, The Traffic Bylaw, be amended to increase the fines from $100.00 to $150.00 for the following categories:

· Prohibited Parking – Emergency Exit Door

· Prohibited Parking – Entrance to Fire Hall or Hospital

· Prohibited Parking – Emergency Access

CARRIED

FOR THE AMENDMENT: B. Smith, A. Bolstad, B. Mason. OPPOSED: M. Phair.

MOVED A. Bolstad:

That Bylaw No. 11704, A Bylaw to Amend Bylaw No. 8353, The Transit Bylaw, (Attachment 3 of the April 7, 1998 Corporate Services Department report) be referred to the Transit System Advisory Board.

W. Mandryk, Transportation and Streets Department, answered the Committee's questions.

LOST

FOR THE AMENDMENT: A. Bolstad, B. Mason. OPPOSED: B. Smith, M. Phair.

AMENDMENT MOVED B. Mason:

That the fine of $35.00 rather than the proposed $50.00 fine be retained in Schedule IV, Sec. 901(1)(b) of Bylaw No. 11698, A Bylaw to Amend Bylaw No.


5590, The Traffic Bylaw, for the offense “Be a Member of an Unauthorized Parade”.

MOTION ON THE PROPOSED $50.00 FINE put:

LOST

(Sec. 74, B.L. 9999, as amended)

FOR THE MOTION: No one.OPPOSED: B. Smith; A. Bolstad, B. Mason, M. Phair.

MOTION ON RETAINING THE $35.00 FINE put:

CARRIED

FOR THE AMENDMENT: B. Smith, A. Bolstad, B. Mason, M. Phair.

Mayor B. Smith vacated the Chair and Vice-Chair B. Mason presided.

Mayor B. Smith left the meeting.

B.E. Thom, Q.C., City Manager, answered the Committee's questions.

MOVED A. Bolstad:

That the April 7, 1998 Corporate Services Department report be postponed to the May 13, 1998 Executive Committee meeting at 11:00 a.m. and that all members of Council be invited to attend.

Corporate Services Due: May 13, 1998 11:00 a.m.

CARRIEDFOR THE MOTION: A. Bolstad, B. Mason.OPPOSED: M. Phair.ABSENT: B. Smith.

E.5. OTHER REPORTS

E.5.a. Edmonton Downtown Development Corporation Quarterly Report – April 1998.

J. Webster, Edmonton Downtown Development Corporation, made a presentation.


S. Wissink, Edmonton Downtown Development Corporation; and B.E. Thom, Q.C., City Manager, answered the Committee's questions.

MOVED M. Phair:

That the April 14, 1998 Edmonton Downtown Development Corporation report be received for information.

DDC

CARRIEDFOR THE MOTION: A. Bolstad, B. Mason, M. Phair.ABSENT: B. Smith.

MOVED A. Bolstad:

That the Committee recess now and reconvene at 1:30 p.m.

CARRIEDFOR THE MOTION: A. Bolstad, B. Mason, M. Phair.ABSENT: B. Smith.

The Committee recessed at 11:55 a.m.

The Committee reconvened at 1:30 p.m.

Councillor B. Mason was absent.

E.2.e. Status of Litigation Concerning Former Tenants at the City Centre Airport.

A. Lefever, Reynolds, Mirth, Richards & Farmer, answered the Committee's questions.

Councillor B. Mason entered the meeting.

MOVED M. Phair:




MOVED A. Bolstad:

That the Administration prepare an update for the June 17, 1998 Executive Committee meeting on the status of the lawsuits, specifically Hamilton Aviation, Mantilla Industries Limited and A.M.E. Aeroworks Services; and that any strategies that the City is undertaking to conclude these matters be included in the report.

A. Massing, City Solicitor, answered the Committee’s questions.

CARRIEDFOR THE MOTION: A. Bolstad, B. Mason, M. Phair.OPPOSED: B. Smith.

SUMMARY OF THE EXECUTIVE COMMITTEE DECISION ON ITEM E.5.a.

1. That the April 8, 1998 Corporate Services Department report be received for information.

2. That the Administration prepare an update for the June 17, 1998 Executive Committee meeting on the status of the lawsuits, specifically Hamilton Aviation, Mantilla Industries Limited and A.M.E. Aeroworks Services; and that any strategies that the City is undertaking to conclude these matters be included in the report.

Corporate Svcs.

Due: June 17, 1998


E.4.a. Effectiveness of Fines and Penalties in Bylaw No. 11624, a Bylaw to Amend Bylaw No. 8664, as amended, The Edmonton Building Permit Bylaw.

MOVED B. Mason:

That the April 20, 1998 Planning and Development Department report be received for information.

Planning & Dev.



MOVED M. Phair:

That the Committee meet in private.


The Committee met in private at 1:50 p.m.

MOVED M. Phair:

That the Committee meet in public.


The Committee met in public at 2:10 p.m.

E.2. CORPORATE SERVICES DEPARTMENT

MOVED M. Phair:

E.2.f. Proposed Settlement of Claim by Ken Bowman Against the City of Edmonton.

1. That the April 3, 1998 Corporate Services Department report remain private because it is privileged as relating to without prejudice settlement discussions.

2. That the City Solicitor be authorized to settle this claim with the Plaintiff’s lawyer, Patrick Dolphin.

Corporate Svcs.

E.2.g. Proposed Settlement of Claim by Archie and Jacqueline Gladue Against the City of Edmonton.


1. That the April 7, 1998 Corporate Services Department report remain solicitor/client privileged.

2. That the City Solicitor be authorized to settle this claim with the Plaintiff’s lawyer, Arthur Wilson.

Corporate Svcs.

E.3. HUMAN RESOURCES DEPARTMENT

E.3.a. Ratification of Memorandum of Agreement with the Amalgamated Transit Union Local 569.

1. That the April 14, 1998 Human Resources Department report remain private.

2. That the proposed settlement between the City of Edmonton and the Amalgamated Transit Union Local 569 be ratified.

3. That the News Release be approved for release following ratification by the City and the Amalgamated Transit Union Local 569.

Human Resources

E.3.a. cont’d.

Human Resources

E.3.b. Ratification of Collective Agreement Extension with the International Brotherhood of Electrical Workers Local Union 1007.

1. That the April 14, 1998 Human Resources Department report remain private.

4. That the proposed contract extension between the City of Edmonton and the I.B.E.W. Local Union 1007 be ratified.

5. That the News Release be approved for release following ratification by the City.

Human Resources



N. NOTICES OF MOTION

Mayor Smith asked whether there were any Notices of Motion. There were none.

(Sec. 100. B.L. 9999, as amended)

O. ADJOURNMENT

The meeting adjourned at 2:12 p.m.

______________________________ ______________________________

CHAIR CITY CLERK


Documents

Minutes for Executive Committee April 28, 1998 meeting.webdocs.edmonton.ca/Meetings/arch_standing/executive… · Web viewThat the current public process for wireless communication