A G E N D A
REGULAR MEETING OF COUNCIL
MONDAY, OCTOBER 24, 2005 AT 7:00 PM IN THE CITY HALL COUNCIL CHAMBERS
PRESENT:
A. APPROVAL OF AGENDA (including introduction of late items)
B. ADOPTION OF MINUTES
Regular Council Meeting held October 11, 2005 at 7:00 pm.
C. DELEGATIONS
1. Communities in Bloom
Jacob Colyn, Mary Sahn and Mike Carter from Port Alberni's "Communities in Bloom" to discuss the Community's rating this year and preparations for 2006.
2. Fire Chief
Presentation of a Fire Commissioner's Office commendation award to Mr.
Brent Wallin, who rescued his neighbour from a fire on July 14, 2005.
3. Alberni District Teachers' Union
Don Stephenson, President of the Alberni District Teachers' Union, wishing to discuss the current teachers' strike, and requesting that City Council consider passing a motion asking the provincial government to immediately rescind Bill 12 and for them to return to the bargaining table to negotiate a fair settlement to end the current crisis in public education.
D. PROCLAMATIONS
1. Alberni Mall (HC)
Letter dated October 11, 2005 requesting that November 28 to December 2, 2005 be proclaimed as "Alberni Mall Light Up the Night Week" in Port Alberni, and requesting that the Mayor officiate the annual "Light Up the Night" ceremony on Friday, December 2, 2005 at 7:00 pm.
That the letter be received and the week proclaimed as requested.
E. CORRESPONDENCE FOR ACTION
1. Alberni Valley Lions Club (CM)
Copy of a letter dated October 12, 2005 to the Director of Parks and Recreation concerned about not being informed of the demolition of the Jim Rezac Bridge in Roger Creek Park, and requesting to be involved in the re-building of this bridge.
2. Neil Wilkinson, Salvation Army (LP)
E-mail dated October 19, 2005 advising of a celebration service to mark the grand opening of their new church at 4841 Redford Street, and requesting permission from the City to hold an outdoor parade on Saturday, November 19, 2005 starting at 3:30 pm that will proceed from their current facilities on Argyle Street, accompanied by a Salvation Army brass band, north on 4th Avenue, crossing Redford Street and concluding at their new facilities at 4th Avenue and Redford Street. They are also requesting permission from the RCMP for police escort for safety reasons, as they will be using the northbound land of 4th Avenue to accommodate the band.
3. Association of Vancouver Island Coastal Communities (AVICC) (HC)
Memo dated October 12, 2005 advising that the District of Campbell River is requesting that the AVICC (Association of Vancouver Island Coastal Communities) Executive discuss the possibility of the Campbell River Indian Band becoming a member of AVICC. Council to indicate whether they support this request or not.
4 Port Alberni Lawn Bowling Club (LP)
Letter dated October 10, 2005 requesting the installation of street lights on the walkway along the west side of the green by the Lawn Bowling Club to make it safer for everyone who uses it, and attaching an update regarding vandalism at the Club.
F. INFORMATIONAL CORRESPONDENCE
1. Joint Family Court Committee
Letter dated October 11, 2005 providing the record of the 2005 Family Court-Youth Justice Conference held April 22 and 23, 2005 in Surrey.
2. City of Abashiri, Japan
Letter dated October 7, 2005 advising that two students from Abashiri will be joining host families in Port Alberni this year.
3. Ambassador of the Russian Federation
Fax dated October 12, 2005 wishing to extend gratitude for the warm reception of the Russian Crew of the Sail Training Ship "Pallada" when they were here for the Port Alberni Tall Ships Festival.
4. Municipal Finance Authority of British Columbia
Letter dated October 12, 2005 advising that the Municipal Finance Authority of BC (MFA) has solidified its borrowing costs at below those of the Province of Ontario with their Fall, 2005 debenture, and that every local government in British Columbia, regarding of size, now receives the lowest municipal borrowing rates in Canada.
5. Ministry of Children and Family Development
Letter dated October 6, 2005 advising that October, 2005 has been proclaimed as "Foster Family Month", "Community Living Month" and "Autism Awareness Month" in British Columbia, and suggesting that an invitation to attend a Council Meeting in October would support the public awareness and recognition these groups deserve.
6. Union of British Columbia Municipalities (UBCM)
Fax dated October 14, 2005 advising that funding provided by the Ministry of Forests and Range is available for Strategic Wildfire Protection Programs, a program that is to assist local governments in carrying out operational fuel treatment projects, including areas affected by Mountain Pine Beetle and lands that pose a threat to wildfire.
7. Union of British Columbia Municipalities (UBCM)
Fax dated October 7, 2005 of a Newsletter advising of Centennial Convention Announcements that were made during the UBCM Convention, particularly as they directly affect local governments, and also a Member Release giving a summary of the resolutions and position adopted at the recent 2005 UBCM Convention.
8. City of Coquitlam
Letter dated October 18, 2005 advising of a resolution passed at their Council Meeting held October 17, 2005 urging the provincial government to repeal Bill 12 and return to the negotiating table with the BC Teachers' Federation.
9. City of Campbell River
Copy of letter dated October 12, 2005 to Premier Gordon Campbell thanking him for the response to the City of Campbell River, District of North Cowichan, City of Port Alberni and District of Powell River's joint letter concerning the issue of action by the Province to limit the property taxation authority of municipalities in the major industrial category.
That Informational Correspondence items numbered 1 through 9 be received and filed.
G. UNFINISHED BUSINESS
(From July 25, 2005 Regular Council Meeting)
1. Museum Director - Cultural Capitals of Canada Awards (IP)
Report from the Museum Director at the request of Council regarding the Minister of Canadian Heritage and Minister Responsible for Status of Women invitation for the Cultural Capitals of Canada awards which recognize and support Canadian communities that have a record of harnessing the benefits of arts and culture in community life.
That the report from the Museum Director recommending that a Committee be formed and projects be developed to meet the criteria of the cultural capitals program, for the March 15, 2006 deadline (at the earliest) for the 2008 Award, be received and the recommendation endorsed.
(From October 11, 2005 Regular Council Meeting)
2. Director of Parks and Recreation - Government Agent's Building
(4711 Elizabeth Street) (CM)
Report dated October 20, 2005 from the Director of Parks and Recreation detailing the current state of the City owned building located at 4711 Elizabeth Street, currently partially occupied by the Government Agent.
That the report dated October 20, 2005 from the Director of Parks and Recreation providing costs and benefits of the Government Agent's building roof replacement in consideration of options for the future of the building and property, and recommending that:
a) We not proceed with the repairs to the roofs or other major
components;
b) We issue notice to sell the building and vacant lot; and
c) We advise British Columbia Building Corporation (BCBC) of our intentions to sell the building and offer them the first opportunity to purchase the building Property. (A statement will be included in the sales agreement that would offer the Government six months notice should the purchaser wish to cancel the lease agreement). be received and the recommendations endorsed.
H. BYLAWS
1. City Clerk - Verbal Report from the Public Hearing held at 6:00 pm
regarding Bylaw No.(s) 4605, 4606 and 4607
That the verbal report of the Public Hearing held October 24, 2005 at 6:00 pm be received.
"Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw No. 4605" (AL)
That "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw No. 4605" be read a third time.
That "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw No. 4605" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4605.
"Official Community Plan Amendment No. 34 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4606" (AL)
That "Official Community Plan Amendment No. 34 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4606" be read a third time.
That "Official Community Plan Amendment No. 34 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4606" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4606.
"Zoning Amendment No. 38 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4607" (AL)
That "Zoning Amendment No. 38 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4607" be read a third time.
That "Zoning Amendment No. 38 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4607" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4607.
2. Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw No. 4609 (CM)
That "Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw No. 4609" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4609.
3. City Clerk - Report of the September 7, 2005 Public Hearing in Consideration of the Alberni Valley Bingo Association (AL)
Report dated September 29, 2005 from the City Clerk presenting the Public
Hearing report of September 7, 2005 and recommending that Council give
consideration to the following:
A. “Official Community Plan Amendment No. 32 (4890 Cherry Creek Road -
Alberni Valley Bingo Association) Bylaw No. 4595”; and
B. “Zoning Text Amendment No. T21 (Gaming Centre) Bylaw No. 4596”; and
C. “Zoning Amendment No. 34 (4890 Cherry Creek Road – Alberni Valley
Bingo Association) Bylaw No. 4597”,
D. Relocation of Gaming within the community and expansion of Gaming
Operations in the community at 4890 Cherry Creek Road.
That the report dated September 29, 2005 from the City Clerk including
the report of the Public Hearing held September 7, 2005, be received.
Resolutions are provided for third reading and final adoption of the three bylaws, however, final adoption of the bylaws may only be considered following receipt of the security deposit for landscaping. This will be confirmed at the meeting.
A. “Official Community Plan Amendment No. 32 (4890 Cherry Creek Road - Alberni Valley Bingo Association) Bylaw No. 4595” (AL)
That "Official Community Plan Amendment No. 32 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4595" be read a third time.
That "Official Community Plan Amendment No. 32 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4595" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4595.
B. “Zoning Text Amendment No. T21 (Gaming Centre) Bylaw No. 4596” (AL)
That "Zoning Text Amendment No. T21 (Gaming Centre), Bylaw No. 4596" be read a third time.
That "Zoning Text Amendment No. T21 (Gaming Centre), Bylaw No. 4596" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4596.
C. “Zoning Amendment No. 34 (4890 Cherry Creek Road - Alberni Valley Bingo Association) Bylaw No. 4597” (AL)
That "Zoning Amendment No. 34 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4597" be read a third time.
That "Zoning Amendment No. 34 (4890 Cherry Creek Road - Alberni Valley Bingo Association), Bylaw No. 4597" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4597.
D. Relocation and Expansion of Gaming Facility Operations in the Community at 4890 Cherry Creek Road (AL)
This resolution may only be considered following adoption of the three previous bylaws, applicable to the subject property.
Whereas pursuant to the BC Gaming Control Act, the City of Port Alberni has consulted with First Nations and the Alberni-Clayoquot Regional District and has conducted a public hearing held September 7, 2005, to receive representations from the community, all in regard to the relocation of the Alberni Valley Bingo Association's Dob City Bingo facility from 3486 Third Avenue to 4890 Cherry Creek Road and to expand gaming opportunities within the community by providing 75 slot machines in a Community Gaming Facility; Therefore be it resolved that Council for the City of Port Alberni endorses the Alberni Valley Bingo Association's relocation of the Dob City Bingo to 4890 Cherry Creek Road and the establishment of a Community Gaming Facility at 4890 Cherry Creek Road containing up to 75 slot machines.
4. "Long Term Capital Borrowing Bylaw (North Port Sewer Overflow Abatement Stage Two), Bylaw No. 4601, 2005" (Loan Authorization Borrowing Bylaw) (HC)
The Ministry of Community Services approved the above mentioned bylaw on October 13, 2005. City Council may now consider adoption of the Bylaw.
That "Long Term Capital Borrowing Bylaw (North Port Sewer Overflow Abatement Stage Two), Bylaw No. 4601, 2005" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4601.
I. REPORTS
1. Accounts (HC)
That the certification of the Director of Finance dated October 24, 2005 be received and the cheques numbered to inclusive, in payment of accounts totalling be approved.
2. RCMP (CS)
Monthly report from the OIC, Port Alberni providing information about departmental operations in September 2005.
3. Museum (IP)
Monthly report from the Museum Director providing information about departmental operations.
4. City Planner - Development Variance Permits 4200 10th Avenue (LP)
Report dated October 19, 2005 from the City Planner for Council to consider the issuance of a Development Permit (No. 52) for 4200 10th Avenue (Lot 1, District Lot 1, Alberni District, Plan 21224 except Plan 28593), to vary the rear yard setback requirement from 9 metres (29.5 feet) to 0 metres (a variance of 9 meters) to facilitate the bare land strata subdivision and construction of a new Assisted Living facility behind and attached to the existing Echo Village nursing home. The Planning Department supports this Variance.
That the report from the City Planner dated October 19, 2005 regarding proposed Development Variance Permit No. 52, be received and Council proceed with consideration of the Development Variance Permit.
a) Introductory remarks by the Chair - Input received from the public and applicant and comments by staff and Council will form part of the record of input into the Development Variance Permit application.
b) Background information from City Planner (NOTE: Members of the Public and Council will have the opportunity to ask questions of City Staff later on in this meeting.)
c) Late correspondence regarding the matter (to be read by the Clerk).
d) Presentation by the Applicant.
e) Input from the Public (Members of the Public, in making their presentations, may also ask questions, through the Chair, of City Staff and/or Applicant.)
f) Questions from Council (Members of Council may ask questions, through the Chair, of City Staff, the Applicant or of the members of the public who may have spoken.)
g) Recommended resolution:
That Development Variance Permit No. 52 to vary Section 6.32.3 of Port Alberni Zoning Bylaw No. 4395 as follows:Vary Section 6.32.3 of Zoning Bylaw No. 4395 - Bulk and Site Regulations - Rear Yard Setback - Vary the Rear Setback from 9 meters (29.5 ft) to 0 meters (0 ft) a variance of 9 meters (29.5ft).for the land legally described as Lot 1, District Lot 1, Alberni District, Plan 21224 except Plan 28593, be authorized by resolution of the City Council on October 24, 2005.
5. City Clerk, October 11, 2005 Public Hearing Report (AL)
That the report of the Public Hearing held October 11, 2005 be received and filed.
6. Director of Finance – Audit Committee Minutes (HC)
That the minutes of the October 11, 2005 Audit Committee Meeting, September financial statements and the memo dated September 28, 2005 from the Director of Finance responding to questions arising from the September 12, 2005 Audit Committee Meeting, be received.
7. Director of Parks and Recreation - BC Hydro Library Agreement (IP)
That the report dated October 18, 2005 from the Director of Parks and Recreation attaching a Letter of Understanding received from BC Hydro with respect to the Right of Way changes required for the development of the new Library, be received.
That Council for the City of Port Alberni approve the recommendation to sign the Letter of Understanding dated October 5, 2005, with funds required to complete the necessary survey documents being allocated from the Land Reserve Account, be approved.
8. City Manager - Request to Host the Vancouver Island Local Government
Management Association (VILGMA) Fall 2006 Conference (HC)
That the report dated October 7, 2005 from the City Manager attaching a memo from the Deputy Director of Finance regarding a request to host the 2006 Fall Vancouver Island Local Government Management Association Conference in Port Alberni, and also requesting that Council waive any facility rental fees involved, be received and the recommendations approved.
9. City Planner - Land Use Contract on the Alberni Mall Property (AL)
That the report dated October 19, 2005 from the City Planner, along with the letter from Port Alberni Retail Development Ltd. (Alberni Mall), regarding discharge of their Land Use Contract be received and the following 2 recommendations from the Planner be endorsed:
a) The City proceed with discharging "Land Use Contract G61073
registered on July 24, 1978 as amended by EF 22686 registered
February 27, 1992" on the Alberni Mall with Port Alberni Retail
Development Limit.
b) That the City proceed with the necessary process to rescind Land
Use Contract Bylaw No. 4, 1978, Land Use Contract No. 4,
Amendment Bylaw, 1980 and Land Use Contract No. 4,
Amendment Bylaw No. 2.
10. City Manager - Port Alberni Train Station Roof (IP)
That the report dated October 20, 2005 from the City Manager attaching a letter dated October 17, 2005 from the Western Vancouver Island Industrial Heritage Society (WVIIHS) requesting that the City cost share 50% of the cost of the roof replacement for the Port Alberni Train Station, up to a maximum amount of $10,000, be received.
That the City of Port Alberni renew the lease with the Western Vancouver Island Industrial Heritage Society (WVIIHS) for the operation of the Port Alberni Train Station, with the addition of providing maintenance for the building.
11. Mayor's Report
12. Councillors' Reports
J. QUESTION PERIOD
An opportunity for the public and the press to ask questions of the Mayor and Council.
K. OTHER COMPETENT BUSINESS
(Including Motions and Notice of Motions)
L. ADJOURNMENT
That the meeting adjourn at pm.