Agenda Item No.: E.1.f. Consultants’ Reports on the West Rossdale Area and Their Implementation (West Rossdale as a Special Study Area) Recommendations: 1. That the April 13, 2004, Planning and Development Department report 2004PDP047 be received for information. 2. That the Mayor send copies of the Rossdale Historic Land Use Study and the Rossdale Flats Aboriginal Oral Histories Project Report to the Minister of Community Development. 3. That the lands identified on Attachment 4 of the April 13, 2004, Planning and Development Department report 2004PDP047 be released for sale and development subject to conditions as set out in the April 13, 2004, Planning and Development Department report 2004PDP047. 4. That a service package be included in the draft 2005 Budget to undertake geophysical and possible archaeological investigations, if required, shown on lands depicted on Attachment 1 of the April 13, 2004, Planning and Development Department report 2004PDP047. 5. That amending bylaws for amendments to the North Saskatchewan River Valley and Ravine System Area Redevelopment Plan Bylaw, Rossdale Area Redevelopment Plan Bylaw, and rezoning for lands identified in Attachment 5 of the April 13, 2004, Planning and Development Department report 2004PDP047, and a road closure bylaw for lands identified in Attachment 6 of the April 13, 2004, Planning and Development Department report 2004PDP047, be brought to a City Council Public Hearing meeting. 6. That Administration make an application to the Minister of Government Services Routing: Delegation: Written By: April 13, 2004 File: 2004PDP047 to obtain an Order in Council from the Provincial Cabinet, pursuant to the Cemeteries Act, exempting the lands as identified on Attachment 5 of the April 13, 2004, Planning and Development Department report 2004PDP047, with conditions to accommodate the proposed re-interment ceremony and to recognize the site as a historical cemetery. 7. That the concept plan for the cemetery, as shown in Attachment 7 of the April 13, 2004, Planning and Development Department report 2004PDP047, be approved for implementation, and that Administration present a revised capital budget request to Council during the 2005 Capital Priorities Plan Budget deliberations. 8. That a service package be included in the draft 2005 Budget to undertake a phased city-wide archaelogical survey based on document research. Report Summary This report deals with the past, present and future of the West Rossdale area. It provides an overview of the activities undertaken to date concerning the construction of the traditional burial grounds/Fort Edmonton Cemetery. It identifies the processes, procedures and timetable for implementation. The report also seeks Council’s authorization to proceed with legal processes, which will support the construction of a memorial, reinterment of human remains and ongoing care of the site. Previous Council/Committee Action At the January 22, 2003, City Council meeting, the following motion was passed: Executive Committee, City Council L. Benowski/R. Millican/J. Tustian/W. D. Burn/D. Kloster D. Fraser Planning and Development Department (Page 1 of 5) Consultants’ Reports on the West Rossdale Area and Their Implementation (West Rossdale as a Special Study Area) That Administration report back to Executive Committee, after the Historical Land Use Study is completed, on the findings of the study, as well as keep the Committee apprised on the future steps to be taken on the development of this special study area. Report City and Provincial Processes Administration will undertake a process (see Attachment 8 which summarizes the 10 steps) to ensure that the correct timelines and procedures are followed in conformance with provincial legislation and city bylaws. These steps will ensure that actions of Administration will be carefully co-ordinated and implemented in accordance with the Historical Resources Act, the Cemeteries Act and the Municipal Government Act. Administration wishes to do it right the first time and take the time to do it correctly. Trolley System / Rossdale Road Realignment and Closure – City Council has to make a decision on the future of the trolley system. A report concerning this issue was considered at the March 16, 2004, Transportation and Public Works Committee meeting. A tentative date for a non-statutory public hearing concerning the future of the trolley system is scheduled for June 2004. The Committee also directed Transit to undertake consultation with the community. A small portion of Rossdale Road that exists over the cemetery must be closed and realigned. A budget adjustment to fund the proposed construction was approved by City Council on March 23, 2003. Transportation and Streets Department is proceeding with required permits and (Page 2 of 5) detailed investigation of proposed pole locations associated with the roadway realignment, and will report back to Transportation and Public Works Committee if any modifications to the proposed plan are required. Plan Amendments / Rezoning / Road Closure Bylaws – The North Saskatchewan River Valley and Ravine System Area Redevelopment Plan Bylaw requires amending since the City will be recognising a new use, a cemetery, in the river valley. The Rossdale Area Redevelopment Plan Bylaw requires amending since any future development in the West Rossdale area must be extremely sensitive to cultural and archaeological concerns. This direction is not currently included in the existing plan. A direct development control provision is required for the cemetery and memorial area to provide specific future direction as to how the area should be cared for. The closure of a small portion of Rossdale Road will be legally implemented through the road closure bylaw. Once all of the bylaw amendments are completed, an Order in Council will be requested from the Provincial Director of Cemeteries. Order in Council – An Order in Council is required to exempt the City from certain sections of the Cemeteries Act since the City will be creating a ‘historic cemetery’ versus an ‘operational’ one. Construction of Cemetery Memorial – The working drawings and specifications for the construction of the historic cemetery and memorial will be tendered at the appropriate time in the process. This will ensure that the memorial design as created by Manasc Isaac Consultants’ Reports on the West Rossdale Area and Their Implementation (West Rossdale as a Special Study Area) Architects and approved by the stakeholders will be constructed. Interment – The remains of seven individuals are currently located in the Department of Anthropology at the University of Alberta. Concurrent with all of the above activities will be the establishment of appropriate reinterment protocols to help ensure reburial of the existing and future remains, at the appropriate time, back into the historic cemetery. In addition, any future human remains found in the Rossdale Historic Land Use Area will be reintered in an appropriate location within the historic cemetery. Stakeholder Consultation – To date, the stakeholder consultation has taken place through the design of the memorial. The Rossdale Historical Land Use Study will be released and explained at a public meeting scheduled for 6 p.m. on Wednesday April 7, 2004, in the Old Timers’ Cabin. Further stakeholders views will be sought through the nonstatutory public hearing on this report by the Executive Committee scheduled for Wednesday April 21, 2004, at 1:30 p.m. Stakeholders will also have an opportunity to express their views on bylaws at a public hearing before Council. Stakeholders will be consulted on further investigations and their results. Planning and Development Department thanks the stakeholder groups and civic and provincial departments for their assistance, co-operation and patience on this project. Budget / Financial Implications In order to implement Recommendation 4, the City of Edmonton contribution will be $130,000. The Alberta Historical Resource Foundation will be approached for a matching grant of $130,000 in 2005. The Edmonton Public School Board will also be asked for their contribution of $15,000. The budget for construction of the memorial will be included in the 2005 Capital Priorities Plan submission by Corporate Services Department. There would also be fundraising activities for the project, including submitting applications for grants to the Provincial and Federal Governments. The appropriate source of financing for the implementation of Recommendation 8 concerning the future phased archaeological survey is the City and the Province. The cost of this survey is estimated at $50,000 and can be phased over two years. The Alberta Historical Resources Foundation will be approached for a matching grant of $25,000. Legal Implications The implementation process is in accordance with the Municipal Government Act, Historical Resources Act, the Cemeteries Act, the Safety Codes Act and the City’s bylaws, practices and procedures. The Province requires a resolution from Council regarding an Order in Council, which the provincial cabinet must approve. Justification of Recommendation 1. Rossdale Historic Land Use Study by Commonwealth Historic Resource Management Ltd., dated February 2004, (see Attachments 1 and 2 which contains a map and report summary with recommendations) and the Rossdale Flats Aboriginal Oral Histories Project dated February 2004 (see Attachment 3 which contains a report summary), were (Page 3 of 5) Consultants’ Reports on the West Rossdale Area and Their Implementation (West Rossdale as a Special Study Area) undertaken to address issues arising from the creation of the traditional burial grounds/Fort Edmonton Cemetery located in West Rossdale. 2. The Honourable Gene Zwozdesky, Minister of Community Development, sent a letter to the Mayor dated August 24, 2001 (see Attachment 9), encouraging the City to conduct research into the West Rossdale area due to its historical and archaeological significance. Both reports should be officially transmitted to the Minister to demonstrate to the province that action has been taken in this regard. 3. The City of Edmonton has put on hold the sale of city-owned lands in West Rossdale until the Rossdale Historic Land Use Study is completed. Land will be sold with conditions relating to urban design guidelines for West Rossdale and standard reporting procedures as required by Alberta Community Development. 4. Lands which Commonwealth Historic Resource Management Ltd. has identified as undisturbed will be subject to geophysical investigations first followed by possible archaeological investigations to clear as soon as possible any future uncertainties. Attachment 1 shows sites requiring additional investigation. Geophysical investigations may include terrain conductivity, metal detection and/or ground penetrating radar. The stakeholder groups will be kept informed of the investigations and their results. These activities will help to implement Recommendation 7 of the Rossdale Historical Land Use Study concerning the need for further geophysical investigations and possible archaeological digs. 5. These bylaw amendments are required for issuance of Development and Building Permits for the construction of the cemetery and memorial and to protect the existing park uses. 6. This recommendation is pursuant to Section 65 (2) of the Cemeteries Act of Alberta. 7. The concept plan for the traditional burial ground/Fort Edmonton cemetery, as shown on Attachment 7, has the concurrence of the stakeholders and should be approved for implementation. Additional funding is required and will be submitted for City Council’s approval in the 2005 budget. 8. A phased, city-wide archaeological survey should be undertaken which will involve document research only with no digging. Planning and Development Department should undertake this study as a prudent planning step to help identify potential and existing archaeological sites in Edmonton. Background Information Attached 1. A Map Showing Selected Recommendations from Commonwealth Historic Resource Management Ltd. Consultant’s Report, February 2004 2. Executive Summary with Report Recommendations Concerning the Rossdale Historic Land Use Study by Commonwealth Historic Resource Management Ltd 3. Executive Summary, Rossdale Flats Aboriginal Oral Histories Project 4. City of Edmonton Lands to be Released for Sale Subject to Development Conditions 5. Approximate Area to be Designated a Cemetery and Rezoned from PU (Public Utility Zone) and A (Metropolitan (Page 4 of 5) Consultants’ Reports on the West Rossdale Area and Their Implementation (West Rossdale as a Special Study Area) 6. 7. 8. 9. Recreation Zone) to DC2 (Site Specific Development Control) Provision and A (Metropolitan Recreation Zone) Approximate Area to be Closed through Road Closure Bylaw Concept Plan for the Traditional Burial Grounds / Old Fort Edmonton Cemetery Required Provincial and Municipal Planning Processes to Establish and Construct the Traditional Burial Ground/Fort Edmonton Cemetery and Reinterment - A Summary of 10 Steps Letter from the Minister of Community Development Mr. Gene Zwozdesky to Mayor Smith dated August 24, 2001 Background Information Available on Request 1. Rossdale Historic Land Use Study 2. Rossdale Flats Aboriginal Oral Histories Project Others Approving this Report R. Millican, General Manager, Transportation and Streets Department D. Kloster, General Manager, Community Services Department J. Tustian, General Manager, Corporate Services Department W. D. Burn, General Manager, Asset Management and Public Works Department (Page 5 of 5)