Winnipeg Airports Authority attempts to bypass city council on Polo Park development

A city council vote Wednesday was supposed todecide between two very substantial competing interests, but something happened on the way to the meeting.

Months ofsubmissions and previous votescould be rendered meaningless as the Winnipeg Airports Authority has asked for the Manitoba Municipal Board to review proposed changes to a city bylaw that would have allowed residential development around the Polo Park mall.

The skirmishes havepitted developers with big plans for residential projects around Polo Park against the WAA's defence of its 24-hour-a-day status as a cargo hub.

To make matters even more complicated,CBC News has learned the provincial Progressive Conservative government has approved funding to do a study into the noise generated by the airport and how it affects development in the areaa detail many councillors had no knowledge of before they prepared to vote Wednesday, or had when they voted at previous committee meetings.

Councillorswere set to make a decision Wednesdayon changing a planning framework known as the Airport Vicinity Protection Area, which restricts residential development around the airport.

• Councillors vote to allow residential housing in Polo Park area
• Developers push for residential component to Polo Park area
• Airport opposes residential development at Polo Park

Now Winnipeg's city council may set the vote aside as its legal departmentreviews whether the WAA's request, made in a letter on the eve of the vote, is indeed legal.

The letterfromthe WAAto the City of Winnipeg says the airports authority has the right to appeal to the municipal board "in the name of the Government of Canada."

Three separatecommittees at city hall Assiniboia community committee, property and planning and executive policyhave all heard submissions or debated the issues, with a final vote expected at council Wednesday.

On the one hand there is Cadillac Fairview, the owner of CF Polo Park, joined by Winnipeg'sShindico Realty andTowers Realty Group, who propose wide-scale residential developments in the area.

On the other is the WAA, which runs theJames Armstrong Richardson International Airport, and sees lifting the restrictions as a potential threat to its cargo business.

The WAAsays it supports some kind of development around its property, but only after a comprehensive study is completed.

"I don't believe for a second Cadillac Fairview will just walk away from this. I think they can wait until we have a proper plan and then they can have the confidence as well knowing that they're developing in a proper location," said Tyler MacAfee,vice-president for the Winnipeg Airports Authority.

Calls to Cadillac Fairview for comment were not returned.

Shindico Realty general counselJasonZarnowskitold CBC News "the WAA doesn't have the authority to submit this to the municipal board and by doing so is it just a another delaying tactic."

It mighthave beena close vote

CBC News had canvassed several councillors in advance of what was supposed to be the deciding vote on whether the city allow changes to theAVPA.

Nine councillors had either indicated to CBC News they would would vote to change the area plan or had voted that way atprevious meetings.

Transcona Coun. Shawn Nason(who'd planned to vote for the changes) saidthe 11th-hour manoeuvres by the WAAare "playing out like a pre-scripted drama."

Kevin Klein, representingCharleswood-Tuxedo-Westwood, also planned to votefor changing the plan.

Now he calls what's happening "astounding"and says the city has already lost millions in potential revenue from developments sitting in limbo and doesn't want the same for the Polo Park area.

"No matter how youchoose tospin it, investorsarewatching and asking ifWinnipegis aplace to invest," Klein said.

North Kildonan Coun. Jeff Browatytold CBC Newsthe airport has been in the same location for generations and anyone who chooses to live in the area has to be aware there are planes taking off and landing, day and night.

He looks at noise complaints near an airport in a similar fashion to anyone who buys a home near the Brady Road landfill.

"I won't be listening to complaints about the smell if they come," Browaty said.

MynarskiCoun. Ross Eadiesaid he would have also have voted to ditch the restrictions and isn't concerned about noise complaints.

"It's an infill.This isn't about a brand new development. I think it's great," Eadie told CBC News.

Councillors Scott Gillingham and Sherri Rollinsjoined Mayor Brian Bowman and voted in favour of thechangesatanexecutive policy committee meeting last week.

The rest of EPC councillorsMatt Allard, Cindy Gilroy, Brian Mayes and John Orlikow voted against alteringthe restrictions.

No details available on provincial government study money

None of the councillors CBC News spoke with knewthe provincial government had approved funding for a study on the noise created by the airport.

Mayor Brian Bowman was asked when he became aware of the provincial government's desire to pay for the work, andwhen the offer was made, but a spokesperson offered only a brief statement in response.

"The mayor and council can only make their decisions based on information presented as part of the hearing process. We are still in the hearing process and I have not seen that information entered into the public record," said the statement.

The provincial government similarlyprovided little explanation on its decision to fund the study, when it made the decision, what its scope was or how much money was being provided.

"It's our understanding this item is in front of Winnipeg city council and we do not want to interfere with this process before it occurs," wrote a spokesperson for municipal affairs minister Rochelle Squires.