COMMUNITY STANDARDS AND

LICENCE APPEAL  COMMITTEE

 

MINUTES


December 3, 2009   –  COUNCIL CHAMBER

 

 

PRESENT

A. Sohi, B. Anderson, J. Batty

ABSENT

None

ALSO IN ATTENDANCE

J. Wright, Office of the City Clerk

J. Johnson, Corporate Services Department (Law)

L. Long, Office of the City Clerk

 

TABLE OF CONTENTS

ITEM

                                                                                                         PAGE

DECISION

          CALL TO ORDER AND RELATED BUSINESS                                1

          Call to Order                                                                                             1

1.2        Adoption of Minutes                                                                           2

1.3        Requests to Speak                                                                              2

2.          EXPLANATION OF APPEAL HEARING PROCESS                     2

3.          COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE

               MATTERS                                                                                             2

3.1        1251497 Alberta Inc., and T. Nyquvest - Appeal of

             Order pursuant to Section 546(1)(c) of the

             Municipal Government Act.                                                               2

4.          WRITTEN DECISION WITH REASONS                                           4

5.          ADJOURNMENT                                                                                  4

 

 

 

DECISION SUMMARY

ITEM

 

DECISION

 

CALL TO ORDER AND RELATED BUSINESS

 

 

Call to Order

 

 

 

 

 

Councillor A. Sohi called the meeting to order at 9.34 a.m.

 

 

 

 

 

1.2

Adoption of Minutes

 

 

Moved J. Batty:

 

 

 

That the October 27, 2009, Community Standards and Licence Appeal Committee meeting minutes be adopted.

 

 

For the Motion:

Carried

 

 

A. Sohi, J. Batty, B. Anderson

 

1.3

Requests to Speak

 

2.

EXPLANATION OF APPEAL HEARING PROCESS

 

 

Councillor A. Sohi, explained the appeal hearing process and asked if anyone objected to any Member of the Community Standards and Licence Appeal Committee hearing the appeal.  No one objected.

 

 

 

 

 

3.

COMMUNITY STANDARDS AND LICENCE APPEAL COMMITTEE MATTERS

3.1

1251497 Alberta Inc., and T. Nyquvest - Appeal of Order pursuant to Section 546(1)(c) of the Municipal Government Act.

 

 

 

Councillor A. Sohi, asked if there were any interested parties wishing to speak to the postponement request.

 

J. Wright, Office of the City Clerk, advised that Cst. C. Hoople, Edmonton Police Services, would like to speak to the postponement request.

 

J. Pawlyk, Bishop & McKenzie LLP, Legal Council for the Appellant, made a presentation and answered the Committee's questions.

 

 

 

 

 

 

 

J. Wilson, Respondent, made a presentation and answered the Committee's questions.

 

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

 

 

 

 

 

 

 

Cst. C. Hoople, Edmonton Police Services, Interested Party, made a presentation and answered the Committee's questions.

 

 

 

 

 

 

Moved J. Batty:

 

 

 

That Appeal of the Order issued to 1251497 Alberta Inc., and T. Nyquvest, under Section 546 of the Municipal Government Act, be postponed to March 12, 2010, from 9:30 a.m. to 5:30 p.m., River Valley Room.

Planning & Dev.

 

Due Date: Mar. 12, 2010

 

 

For the Motion:

Carried

 

 

A. Sohi, J. Batty, B. Anderson

 

 

Moved J. Batty:

 

 

 

I understand that due to the complexity of this Order that both the Appellant and Respondent have agreed to disclose evidence in advance of the March 12, 2010, hearing.  Therefore, I would like to propose the following motion:

 

1)         That the City of Edmonton Community Standards Branch provide six copies of the file to the Office of the City Clerk no later than February 12, 2010.

2)         That the Office of the City Clerk distribute the file to the Appellant and Respondent and must make a copy of the record available for viewing by interested parties.

3)         That all parties, including interested parties, wishing to speak or introduce evidence submit six copies of argument, evidence, and substance of testimony to be given at the hearing, to the Office of the City Clerk no later than February 25, 2010.

4)         That all parties, including interested parties, wishing to respond to evidence, submit six copies of argument, evidence and substance of testimony to be given in rebuttal at the hearing no later than March 5, 2010.

Planning and Dev.

 

 

 

For the Motion:

Carried

 

 

A. Sohi, J. Batty, B. Anderson

 

 

 

J. Johnson, Corporate Services Department (Law), made a presentation.  J. Wright, Office of the City Clerk, answered the Committee's questions.

 

 

 

 

 

4.

WRITTEN DECISION WITH REASONS

5.

ADJOURNMENT

 

 

The meeting adjourned at 10:09 a.m.

 

 

 

 

 

 

 

 

______________________                                   ______________________

Chair                                                                           City Clerk