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CITY COUNCIL
MINUTES
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PRESENT |
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S. Mandel, A.
Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons, K. Diotte, |
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ABSENT |
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J. Batty |
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ALSO IN ATTENDANCE |
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R. Boutilier, Acting City Manager A. Sinclair, City Clerk L. Long, Office of the City Clerk |
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DECISION SUMMARY |
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ITEM |
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DECISION |
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1. |
CALL TO ORDER AND RELATED BUSINESS |
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1.1 |
Call to Order |
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Mayor S. Mandel called the meeting to order at 9:33 a.m. The Choralaires Choir, under the direction of Sandi Ollenberger, led the assembly with inspirational singing. |
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1.2 |
Adoption of Agenda |
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Moved D. Iveson - T. Caterina: |
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That the June 1, 2011, City Council meeting agenda be adopted with the following changes: Additions: *6.8 Change to Council Calendar - June 22, 2011 *6.9 Telus World of Science Master Plan - Phase 1 *6.10 Southeast and West LRT Line - Preliminary Engineering Work *6.11 Downtown LRT Concept Plan - Southeast to West LRT Connection *6.12 2010 - 2013 Public Transit Council Initiatives - Terms of Reference *9.2 Civic Agency Appointment Recommendations from Community Services Committee - Private Replacement Report: *7.2 Bylaw 15796 - A Bylaw to Amend the Procedures and Committees Bylaw 12300
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, K. Diotte,
K. Krushell, K. Leibovici, L. Sloan, |
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Absent: |
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E. Gibbons, J. Batty |
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1.3 |
Adoption of Minutes |
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Moved K. Leibovici - K. Krushell: |
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That the following meeting minutes be adopted:
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, K. Diotte,
K. Krushell, K. Leibovici, L. Sloan, |
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Absent: |
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E. Gibbons, J. Batty |
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1.4 |
Protocol Items |
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Councillor L. Sloan, on behalf of City Council, congratulated the organizers of the fourth annual Creative Age Festival, which runs from June 7, to June 13, 2011. The Creative Age Festival encourages seniors to become more involved in arts programs and celebrates the artistic talents of over 300 seniors in our community. |
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Mayor S. Mandel, on behalf of City Council, welcomed members of the IBM Smarter Cities Challenge Team, who will be working together over the next three weeks engaging municipal leaders to participate in the challenge by sharing their knowledge with the Smarter Cities Project Team. The exact scope of the project will be determined during the first few days of the initiative; however the focus will be on the smarter utilization of transportation data. |
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International Conference on Urban Traffic Safety (S. Mandel) |
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Mayor S. Mandel, on behalf of City Council, recognized the organizers of the successful Third Annual International Conference on Urban Traffic Safety, held in Edmonton. Over 230 delegates from all over the world with various educational and professional backgrounds attended the event, sharing innovative ideas and approaches to address the needs and challenges of urban traffic safety in our communities. |
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Mayor S. Mandel, on behalf of City Council, welcomed students from St. Mary's Catholic School, and their teacher Ms. S. Frost. |
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2. |
ITEMS FOR DISCUSSION AND RELATED BUSINESS |
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2.1 |
Select Items for Debate |
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The following items were selected for debate: 6.1, 6.2, 6.7, 6.8 and 6.11. |
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2.2 |
Requests to Speak |
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There were no requests to speak. |
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2.3 |
Requests for Specific Time on Agenda |
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The requests for time specifics were not approved. |
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2.4 |
Vote on Bylaws not Selected for Debate |
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There were no bylaws selected for debate. |
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3. |
COUNCILLOR INQUIRIES |
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There were no Councillor Inquiries. |
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4. |
REPORTS TO BE DEALT WITH AT A FUTURE MEETING |
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There were no reports released early as part of this agenda. |
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5. |
STATUS REPORT |
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5.1 |
Partnership Building with Non-Government Organizations |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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5.2 |
Telus World of Science |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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5.3 |
Updated Cornerstones Housing Plan and Terms of Reference |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6. |
REPORTS |
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6.1 |
Waste Management Utility Fiscal Policy |
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L. Rosen, Chief Financial Officer
and Treasurer, and |
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Moved D. Iveson - E. Gibbons: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Krushell, K. Leibovici, L. Sloan, |
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Absent: |
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J. Batty, K. Diotte |
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6.2 |
Updated Utility Fiscal Policy for Sanitary Drainage and Land Drainage |
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L. Rosen, Chief Financial Officer
and Treasurer, and Moved B. Henderson - L. Sloan: That Policy C304C Drainage Services Utility Fiscal Policy - Sanitary and Land (Stormwater) Utilities, as revised and outlined in Attachment 1 of the May 6, 2011, Utility Committee Report 2, be approved with part 3, of the Policy Statement being amended to read as follows: 3. The Utility is exempt from Dividend payment to the City of Edmonton. |
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Amendment moved B. Anderson - L. Sloan: |
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That part 2 of the Policy Statement be deleted:
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In Favour: |
Lost |
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B. Anderson, K. Diotte, L. Sloan |
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Opposed: |
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S.
Mandel, A. Sohi, B. Henderson, D. Iveson, D. Loken, |
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Absent: |
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J. Batty |
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Motion on Item 6.2, put: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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L. Rosen, Chief Financial Officer and Treasurer, answered Council's questions. |
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Moved S. Mandel - L. Sloan: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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L. Rosen, Chief Financial Officer and Treasurer, answered Council's questions. |
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6.3 |
Edmonton Arts Council - Community Investment Program - Festival Seed Grant Recommendations |
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Moved D. Iveson - T. Caterina: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.4 |
Edmonton Arts Council - Community Investment Program Celebrations Grants - One-Day Events and Major Parades Recommendations |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.5 |
Edmonton Arts Council - Community Investment Program - Arts Operating Grant Recommendations |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.6 |
2011 Ward Boundary Review - Post 2010 General Municipal Election |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.7 |
River City Roundup Business Plan |
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L. Cochrane, General Manager, Community Services, answered Council's questions. |
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Moved S. Mandel - B. Anderson: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.8 |
Change to Council Calendar - June 22, 2011 |
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Moved K. Leibovici - E. Gibbons: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.9 |
Telus World of Science Master Plan - Phase 1 |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.10 |
Southeast and West LRT Line - Preliminary Engineering Work |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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6.11 |
Downtown LRT Concept Plan - Southeast to West LRT Connection |
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B. Latte and A. Laughlin, Transportation Services, answered Council's questions. |
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Moved A. Sohi – K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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Moved S. Mandel - T. Caterina: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, D. Iveson, D. Loken, |
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Opposed: |
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B. Henderson |
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Absent: |
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J. Batty |
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6.12 |
2010 - 2013 Public Transit Council Initiatives - Terms of Reference |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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7. |
BYLAWS |
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7.1 |
Bylaw 15705, A Bylaw to authorize the City of Edmonton to undertake, construct and finance Waste Management Project, North East Eco Station and Upgrades to various other Eco Station Facilities |
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Moved B. Anderson - T. Caterina: |
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That Bylaw 15705 be read a second time.
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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Moved B. Anderson - T. Caterina: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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7.2 |
Bylaw 15796 - A Bylaw to Amend the Procedures and Committees Bylaw 12300 |
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Moved B. Anderson - T. Caterina: |
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That Bylaw 15796 be read a first time.
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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Moved B. Anderson - T. Caterina: |
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That Bylaw 15796 be read a second time.
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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Moved B. Anderson - T. Caterina: |
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That Bylaw 15796 be considered for third reading.
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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Moved B. Anderson - T. Caterina: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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8. |
MOTIONS PENDING |
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8.1 |
Creative Age Festival (L. Sloan) |
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Councillor L. Sloan withdrew her Notice of Motion. |
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9. |
PRIVATE REPORTS |
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9.1 |
Naming Rights Agreement |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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9.2 |
Civic Agency Appointment Recommendations from Community Services Committee |
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Moved D. Iveson - K. Leibovici: |
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In Favour: |
Carried |
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S.
Mandel, A. Sohi, B. Anderson, B. Henderson, D. Iveson, D. Loken, E. Gibbons,
K. Diotte, K. Krushell, K. Leibovici, |
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Absent: |
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J. Batty |
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10. |
NOTICES OF MOTION |
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10.1 |
Katz Group Master Agreement (E. Gibbons) |
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Councillor E. Gibbons stated that at the next regular meeting of City Council, he will move:
On May 18, 2011 City Council passed a motion direction, among other things, the administration to finalize a master agreement with the Katz Group based in the financial framework and that the content and form be subject to City Manager approval.
Accordingly, I would ask that the administration prepare a report answer the following questions.
1. I note that the motion of May 18, 2011 simply indicates that the verbal presentation of the City Manager remain in private pursuant to the Freedom of Information and Protection of Privacy Act. However, there was no motion directing the administration to keep the power point presentation in private. When will the power point presentation be made public?
2. I would ask that the administration provide its analysis it used to indicate that the presentation of the City Manager remain in private pursuant to sections 16,21,23,24,25and 27 of the Freedom of Information and Protection of Privacy Act.
3. On April 6, 2011, City Council set out 17 terms and conditions in which the administration was to negotiate a financial framework with the Katz Group. I note that some of the conditions approved b City Council have changed; therefore, I would ask that the administration to provide a report on the following questions relating to the 17 conditions
a. The user fee of $125M to fund capital costs was always intended to be controlled by the City of Edmonton. Now it appears to be controlled by the Katz Group. What authority did the administration have to change if direction of Council on this condition?
b. Under what basis did the $20M CRL contribution increase to $45M? Has the subject area been increased in order to accommodate the increase in CRL contribution? If the CRL contribution of $45M cannot be collected because of reasons beyond control of the City of Edmonton, are the taxpayers of Edmonton responsible for any shortfall? How long will it take to collect $45M if CRL contributions?
c. The April 6, 2011 motion indicated that the City of Edmonton’s contribution would not exceed $125M. What options are available to the City of Edmonton to cover the remaining $80M, assuming that the CRL contribution is now 45M?
d. Is the City of Edmonton’s purchase of the Katz Group’s lands considered part of the City $125M contribution or is it an amount over and above the cap of 125M?
e. What assurances does the City have to ensure that the Katz Group conducts regular maintenance of the building?
f. What is the status/discussions for the balance of funds being secured by other orders of government?
g. What is Northland’s position with respect to City Council’s decision of May 18, 2011?
h. I note that on of the condition was that the City was to negotiate a potential revenue sharing arrangement with the Katz Group. This condition has not been satisfied. Please provide and explanation as to why this condition has been changed and what are the implications for the City of Edmonton.
i. Who will own the naming rights to the building?
j. One of the conditions from April 6, 2011 was that a final negotiated agreement be brought back to Council. However, I note that the motion was passed on May 18, 2011, indicated that the administration is to finalize the master agreement and that the content and form be subject to City Manager approval. Does this mean that City Council will no longer see the final agreement? Does this also mean that City Council will no longer be dealing with any of the issues relating to the arena?
4. It was indicated at the May 18, 2011 presentation and reported in the medial that the maximum building costs for the arena will be $450M. Could you provide Council with the estimated square footage of this building and sire and the average square footage of this building and site and the average square footage cost of construction of a similar building? Furthermore, who is responsible for any budget overrun, in other words, who is responsible for additional costs in the event that the construction of this building exceeds $450M?
5. Please provide an explanation on the funding sources to cover the debt on an annual allocation and explain how the founding sources can in fact be diverted to the arena project?
6. Who is responsible for the costs related to the LRT connectivity, transportation requirements and any additional infrastructure around the arena? If it is the City of Edmonton, are these costs over and above the $125M commitment of the City of Edmonton?
7. Based on the negotiated deal with the Katz Group, it would appear that the City of Edmonton is required to purchase the land for the arena. Will the purchase price be based on the same price that the Katz Group purchased for the land or will it be based on the value of the date of purchase?
8. Please provide the estimated costs for the additional infrastructure in and around the arena, specifically the LRT connection, the purchase of the land, the pedway across 104 Avenue and any other infrastructure around the arena.
9. What commitment has the Katz group provided with respect to its promise to provide $100M in associated development regarding the Edmonton arena district lands? Specifically, does the Katz Group have the ability to not proceed with any type of development in the arena district of the market conditions are not favorable?
10. The Katz Group has committed to contribute $100M to the arena building project. Please explain how these funds will be paid to the City of Edmonton. Will the Katz Group simply provide the sum of $100M to the City of Edmonton or will there be conditions on that sum?
11. The Facility Improvement Fee amount will not be generated until after the arena is fully constructed and being used. Therefore, the project is short $125M. Which party (City of Edmonton or the Katz Group) is responsible for this shortfall now? If the City of Edmonton is responsible for this shortfall now, is it the arrangement with the Katz Group to have the Katz Group pay the City back, interest free and over time, from funds derived from the Facility Improvement Fee? Could you kindly explain the concept of this interest free loan to cover $125M.
12. What is the expected amount in property and business taxes that would be generated by the arena itself and be the responsibility of the Katz Group?
13. What type of operating model the Katz Group is envisioning?
14. Is the community rink the responsibility of the City of Edmonton, specifically the development and construction of the community rink? Is the City of Edmonton responsible for paying for the construction of the community rink? If the answer is yes to these questions, then why is the Katz Group receiving all of the revenues from such an arena?
15. During the four-week period in which the City of Edmonton has the use of the arena for the CFR and Capital Ex and other community events, does the City of Edmonton get the arena at no cost?
16. A new term that came out of the discussions with the Katz Group is the non-compete clause with respect to Northlands. Who has the authority to accept a non-compete clause for Northlands? Is it the City of Edmonton or does Northlands have the final say on this issue? If in fact the non-compete clause is agreed to by the relevant parties, what does the future hold for Rexall Place? Is the only option demolition? What the implication for Northlands with respect to a non- compete clause from a business perspective? Was Northlands consulted with respect to this new condition?
17. At the conclusion of the debate on May 18, 2011 City Council was left with the impression that all of the 17 conditions were satisfied and that there was no additional liability for the City. However, please advise which of the 17 conditions remain outstanding and unsatisfied.
18. When will the new CRL boundary come forward to Council for review and debate?
19. What are the timelines under which the City of Edmonton and the Katz Group are working under in order to meet the 2014 hockey season for the Edmonton Oilers? Is there a drop-dead date in which all things must be concluded in order to ensure the construction and completion of the arena by 2014? Given the urgency of this matter, I would ask that this report be prepare and placed on the next Council agenda immediately following the approval of the motion. As well, administration is directed that the report be made public.
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ADJOURNMENT |
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Council adjourned at 11:54 a.m. |
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______________________ ______________________
Chair City Clerk