A G E N D A

REGULAR MEETING OF COUNCIL

MONDAY, JANUARY 30, 2006 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 January 30, 2006 at 7:00 pm.

C.        DELEGATIONS

1.           Recognition of Champions  (KW)

Sharon Macauley and Dave Sherlock to introduce Champions from Track and Field. 

2.           Scott Fraser, MLA (Alberni-Qualicum)  (HC)

              Wishing to meet the new Council and provide an update on the Fall sitting of the Legislature.

3.           Alberni Valley Enhancement Association  (CM)

              Representatives from the Alberni Valley Enhancement Association and the School District 70 (Alberni) Streamkeepers to present an information package on the education project.

4.           Leslie Dickout, CUPE BC  (JM)

To give a presentation on the CUPE Island Water Watch campaign, which seeks to protect public water and wastewater systems and services on Vancouver Island.  Requesting adoption of a resolution protecting Port Alberni's water from privatization.

5.           Outlook 20/20  (CM)

              Ann Graboski at the invitation of the Mayor representing Outlook 20/20 to summarize the recent waterfront meeting, invite Council to the next series of meetings and to discuss the World Urban Forum.

6.           Dewayne Parfitt, Alberni Valley Chamber of Commerce  (CS)

              Presenting the 2005 report to Council of Chamber activities and initiatives.

7.           New RCMP Members  (CS)

              Acting OIC/Inspector (RCMP) Lee Omilusik to introduce three new members.

D.        PROCLAMATIONS     

1.           The Diocese of British Columbia (The Anglican Church of Canada)  (CS)

              Letter dated January 11, 2006 requesting that January 29 to February 5, 2006  be proclaimed as "Homeless Awareness Week" in the City of Port Alberni.

                            That the letter be received and the week be proclaimed as requested.

2.           2010 Legacies Now  (KW)

              Letter dated January 14, 2006 requesting that February 3 to 10, 2006 be proclaimed as "Spirit of BC Week" in the City of Port Alberni, advising that the theme is "Celebrating our Communities" and of their goal to increase physical activity levels 20% in British Columbia by the year of the Olympics in 2010.

That the letter be received and the week be proclaimed as requested.

3.           Amyotrophic Lateral Sclerosis Society of British Columbia  (HC)

              Letter dated January 19, 2006 requesting that May 27 to June 3, 2006 be proclaimed as "ALS Awareness Week" and June 3, 2006 as "ALS Flower Day" in the City of Port Alberni.

That the letter be received and the week and day be proclaimed as requested.

E.        CORRESPONDENCE FOR ACTION

1.           Tri-Cities Alliance of Manufactured Home Owners  (HC)

Letter dated January 5, 2006 concerned about the sales and redevelopment of Manufactured Home Parks in British Columbia and requesting that municipalities address the situation at the Union of British Columbia Municipalities (UBCM) Conference as well as offer support in adopting bylaws to protect citizens that are being forced to move.

2.           Bill Phillips  (KW)

Letter dated January 9, 2006 requesting that the track at the Bob Dailey Stadium be replaced.

3.           Nanaimo's Working Group on Homelessness Issues  (CS)

Letter dated January 13, 2006 extending an invitation to attend a working forum entitled "Affordable Housing for All:  Strategies That Work" on February 10, 2006 in Nanaimo (Coast Bastion Inn) from 10:00 am to 2:00 pm.

4.           Corporation of the Village of Cumberland  (IP)

Letter dated January 10, 2006 inviting Council to attend its "Taiwanese Lantern Festival" Opening on February 17, 2006.  The ribbon cutting begins at 5:00 pm followed by a wine and cheese reception and viewing of the lanterns at the Cumberland Recreation Hall.  A torch light parade starts at 7:00 pm.

5.           Heather Mallory, Hummingburde Child Care Center

Fax dated January 23, 2006 requesting a letter of support in their application bid for the proposed new daycare centre for 3 to 5 year olds, called "Mockingbird Centre".

6.           Community to Community Forum

Memo from the Administrative Assistant dated January 26, 2006 attaching information and a registration form for the fourth province-wide Community to Community Forum, designed to build effective relationships between local governments and First Nations through dialogue. 

7.           United Native Nations Local 560 - Alberni Valley

Letter dated January 18, 2006 from Wesley Guiboche, Executive Director, requesting a waiver of rental fees for the use of Gyro Centre in order to provide life skills training, dinner and recreation purposes for its BladeRunners program.   (Note:  Total cost of rental is $215.07.  The City's policy is to waive 50% of fees, and there are funds currently available in the Grants-in-Aid).

F.        INFORMATIONAL CORRESPONDENCE

1.           Ministry of Public Safety and Solicitor General (Liquor Control and Licensing Branch)

              Copy of a letter dated January 10, 2006 to Dean Johnson of the Greenport Hotel at 4850 Beaver Creek Road, advising he may now proceed with the development phase of his application to relocate the Greenport Liquor Beer and Wine Store.

2.           Ministry of Community Services

Letter dated January 5, 2006 thanking the City of Port Alberni for applying to the British Columbia Community Water Improvement Program, and advising that Program funding of $1,166,667 was awarded to our community for the China Creek Water Main Replacements - Phases One A and One B.  However, the Argyle Street Sewer Pumphouse Upgrade Project funding was not successful.

3.           The Golden Gavel Speech Competition

Letter received January 4, 2006 inviting Council to their speech competition in Victoria in February or to set up a Golden Gavel Preliminary Competition locally.

4.           Royal Canadian Mounted Police - Musical Ride Branch

Letter dated January 5, 2006 replying to the Mayor's letter requesting if Port Alberni could host the "RCMP Musical Ride" in 2006 and advising their 2006 initial tour planning is complete and they will not be able to perform in our community this year, however, encourage a request to perform in Port Alberni in 2009 during their full BC tour.

5.           Kiya Counselling & Consulting Services

Letter dated January, 2006 advising that approximately 5% or 1,000 adults in our community currently have a gambling problem, enclosing a folder which provides information to increase awareness about problem gambling and advising that Kiya services is available to make a presentation to our staff, group or organization.  (Note:  Folder in "Reading File").  

6.           Minister of Energy, Mines and Petroleum Resources

Letter dated January 11, 2006 responding to the City Clerk's letter advising that Council for the City of Port Alberni had adopted a resolution urging the Province to ensure that adequate power is provided to the entire province.  (Note:  City Clerk's letter dated November 30, 2005 attached).

7.           Vancouver Island Regional Library (VIRL)

Letter dated January 13, 2006 enclosing copy of the Vancouver Island Regional Library (VIRL) 2006 Approved Budget.  (Note:  Budget is in "Reading File").

8.           Federation of Canadian Municipalities (FCM)

Letter dated January 18, 2006 advising that the Green Municipal Fund has a new energy sector funding opportunity to offer municipal governments and municipal energy utilities.

9.           Alberni Valley Citizen Advocacy Society

Letter dated January 16, 2006 thanking Council for their grant-in-aid of $500 to help fund their programs.

10.         Heritage Society of British Columbia

Letter dated January 16, 2006 advising that the third week of February is "Heritage Week", Monday, February 20, 2006 is national "Heritage Day" and enclosing a poster featuring the Maritime Museum of British Columbia in Victoria.

(Note:  Poster is in "Reading File")

11.         School District 70 Alberni

Letter dated January 12, 2006 confirming the appointment of Trustee Kelly Hepp to the City of Port Alberni Advisory Traffic Committee.

12.         City of Coquitlam

Copy of a letter dated January 10, 2006 to the Prime Minister advising of its resolution passed concerning RCMP funding agreements and urging BC municipalities to lobby the Federal and Provincial Government to renegotiate the Provincial/Federal cost-sharing agreements to establish the 1990 rates of which the Federal share was 30% to enable municipalities to further increase their crime fighting and prevention resources.

13.         British Columbia & Yukon Hotels' Association

Letter dated January 9, 2006 advising of challenges facing the BC hotel industry and enclosing a study on the state of the hotel industry in our province.  (Note:  Study is in "Reading File")

14.         Vancouver Island North Film Commission (INfilm)

Press Release dated January 20, 2006 advising that the financial problems of the Victoria Film Commission will not affect the Alberni-Clayoquot Region, and the Vancouver Island North Film Commission (INfilm) has announced the creation of a satellite office in partnership with Community Futures Development Corporation of Alberni-Clayoquot (CFDC).

15.         City of Burnaby

              Letter dated January 17, 2006 regarding a report on the Global Peak in Oil Production:  The Municipal Context.

16.         CUPE BC

              Letter dated January 19, 2006 congratulating Mayor McRae on the election and including a recent Ipso Reid public opinion survey that found 78% of Vancouver Island residents are opposed to privatization of water services and 92% agree that water is a basic public service that should remain in public hands.

That Informational Correspondence items numbered 1 through 16 be received and filed.

G.        UNFINISHED BUSINESS   

1.           City Clerk - Liquor License Application for the Alberni Valley Bingo Association  (HC)

Report from the City Clerk dated January 26, 2006 regarding the Liquor Licence Application from the Alberni Valley Bingo Association for their planned Rim Rock Community Gaming Centre at 4890 Cherry Creek Road.  (Please Note: The resolution has been drafted to address the issues required by the LCLB.  Any public input received by noon on January 30, 2006 will be circulated to Council and should be reflected in the resolution adopted.)  

That Council for the City of Port Alberni support the issuance of the liquor licence for the Alberni Valley Bingo Association’s Rimrock Community Gaming Centre at 4890 Cherry Creek Road with a person capacity of 352, restricted to the lounge, dining area, patio and banquet room and that this be communicated to the Liquor Control and Licensing Branch along with the following response to their criteria:

        a)      Location  The proposed facility is surrounded by a variety of land uses including commercial,   office and light industrial.  The nearest residents are more than 75 metres from the property.  

b)    Proximity to public uses  The proposed facility is proximate to a shopping mall and office space but is distant from public buildings. 

c)     Person Capacity and Hours  The maximum person capacity applied for (650) exceeds the daily use as proposed by the applicant. The applicant indicates the 650 capacity is required only five times per year.  Full capacity can be accommodated by temporary licensing.  The applicant indicates that the lounge (37), dining area (92), patio (50) and banquet room (110) will be serving alcohol on a regular basis for a maximum capacity of 352, based on current plans.

d)    Market Focus  The establishment targets a specialized market.  There are no other facilities in the community with a similar focus.  The facility is well separated from existing licensed establishments, with the exception of the Westwind Pub, which is within 75 metres.

e)    Traffic, Noise, Parking and Zoning   Ample parking is available.  The facility is well constructed and fully enclosed, together with the distance of the facility from residential neighbourhoods will eliminate any potential noise problems.  The site is readily accessible to traffic and no congestion is expected.  Zoning is compatible with the proposed use.

f)     Population Trends This facility and existing establishments will not be affected by population projections.

g)    Socio economic   Service of alcohol within a gaming facility was a concern raised at the public hearing for the rezoning and gaming licence of this establishment.  Notice has provided the opportunity for the public to comment further on the specifics of this application.

h)    Community Impact   The applicant proposes that the facility will help to support tourism and provide financial benefits for the charities that are members of the Alberni Valley Bingo Association.

i)      Views of the residents   Copies of all input received is copied and provided to the Liquor Control and Licencing Branch.  Public input was solicited with two display advertisements placed in the Alberni Valley Times, January 13 and 20, 2006 and in the Pennyworth January 19, 2006.  Notice was posted at City Hall.  Notice was also distributed to all owners and occupants of property within 75 metres.

j)      Comments with respect to the community input received        There has been no public input to comment on in response to the above notice.*  Concern was raised at the public hearing regarding the mix of alcohol and gaming.

*Note:  As of the date of this report.  However, Council will be provided all correspondence received and can provide comment accordingly.                                            

2.           City Clerk - Lease Agreement for Government Agent's Building 4711 Elizabeth Street  (HC) 

This resolution was tabled at the January 9, 2006 Regular Meeting by Council at the request of Ann Graboski, Port Alberni Women's Resources. 

That Council for the City of Port Alberni lift from the table the resolution regarding the lease of 4711 Elizabeth Street to British Columbia Building Corporation (BCBC) for a two year term. 

That Council for the City of Port Alberni lease a portion of the land and improvements comprising of a built area of 4,012 square feet at 4711 Elizabeth Street, for a two year term until September 30, 2007 for $95,967.12 over the term to the British Columbia Building Corporation to accommodate the Government Agent's Office.

3.           Echo Sunshine Club Lawn Bowling Lighting 

A report from the Director of Parks and Recreation dated January 24, 2006 regarding the Lawn Bowling Security Lighting, it is recommended that the Sunshine Lawn Bowling Club proceed with the installation of the remaining lights and appropriate controls at their cost and Council consider funding the installation of the Penny Lane walkway lights, as part of the 2006-2010 Financial Plan discussions.  

That the report from the Director of Parks and Recreation dated January 24, 2006 recommending that the Sunshine Lawn Bowling Club proceed with the installation of the remaining lights and appropriate controls at their cost, be received and Council fund the installation of the Penny Lane walkway lights as part of the 2006-2006 Financial Plan discussions.

H.        BYLAWS     

1.           City Clerk - Verbal Report from the Public Hearing held at 6:00 pm regarding Bylaw No.(s) 4619 and 4620  (CM) 

That the verbal report of the Public Hearing held January 30, 2006 at 6:00 pm be received. 

"Land Use Contract No. 4, Discharge Bylaw No. 4619"  (CM)  

That "Land Use Contract No. 4, Discharge Bylaw No. 4619" be read a third time.

That "Land Use Contract No. 4, Discharge Bylaw No. 4619" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4619. 

"Zoning Amendment No. 43 (3500 Johnston Road), Bylaw No. 4620"  (CM)

That "Zoning Amendment No. 43 (3500 Johnston Road), Bylaw No. 4620" be read a third time.

That "Zoning Amendment No.43 (3500 Johnston Road), Bylaw No. 4620" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4620.

2.           City Planner - Advisory Planning Commission  (CM)

(Note:  Advisory Planning Commission report and City Planner’s reports attached, all colour photos/maps provided in the Reading File). 

That the summary report of the January 19, 2006 meeting of the Advisory Planning Commission including the following six recommendations be received:

1)    That the City proceed with an amendment to the Zoning Bylaw Map to rezone Lots 30 and 31, Block K, District Lot 1, Alberni District, Plan 1558 (4770 Elizabeth St.) from R2 - One and Two Family Residential District to RM2 – Medium Density Multiple Family Residential District subject to the following conditions being met before final adoption:

Consolidate the properties into one legal parcel.

Submit an adequate screening/landscaping plan for the site including a cost estimate for the works and provide security for the screening based on the plan and cost estimate.

Submit a parking layout plan for the entire site that meets the requirements of the Zoning Bylaw and provide security for the parking.

2)    That the City proceed with an amendment to the Zoning Bylaw Map to rezone Lots 26, 27, 28, Block 46, District Lot 1, Alberni District, Plan 197B (4866 Bute Street) from C3 – Service Commercial District to P1 – Institutional District subject to the following conditions being met and before final adoption:

Consolidate the properties into one legal parcel.

b)     Submission of an acceptable site plan that meets the requirements of the Zoning Bylaw.        c)     Submission of a lighting plan that is consistent with C.P.T.E.D. principles.d) Confirmation from the Province that they would be prepared to  approve the facility if the Zoning is approved. 
3)    That the City deny the applicants request to Vary Section 6.2.3 of Zoning Bylaw #4395 Bulk and Site Regulations Side Yard Setback from 1.5 metres to 0.3 metres on the south side of Lot 8, Block 15, District Lot 46, Alberni District, Plan 1094A. 
4)    That the City proceed with the necessary Development Variance Permit to vary Zoning Bylaw #4395 as follows:

a) Vary Section 6.2.3 of Zoning Bylaw #4395 Bulk and Site Regulations Side Yard Setback from 1.5 metres to 0.8 metres on the north side of Lot 8, Block 15, District Lot 46, Alberni District, Plan 1094A,  

and that Council give notice of intent to consider the issuance of a Development Variance Permit for 3645 14th Avenue - (Lot 8, Block 15, District Lot 46, Alberni District, Plan 1094A).

 5)    That the City deny the applicants request to vary section 6.6.4.1 of Zoning Bylaw #4395 Side Yards from 3.5 metres to 1.4 metres on the south side of Lot F, (DD EX30400), Block 30, District Lot 139, Alberni District, Plan 1562. 
6)    That the City proceed with the necessary Development Variance Permit to vary Zoning Bylaw #4395 as follows:

a)     Vary Section 6.6.3 of Zoning Bylaw #4395 Bulk and Site Regulations Side Yard Setback from 3.0 metres to 2.4 metres on the north side of Lot F, (DD EX30400), Block 30, District Lot 139, Alberni District, Plan 1562.  

b)     Vary Section 6.6.4.1 of Zoning Bylaw #4395 Bulk and Site Regulations Side Yard Setback on a corner lot, from 3.5 metres to 3.14 metres on the south side of Lot F, (DD EX30400), Block 30, District Lot 139, Alberni District, Plan 1562. 

and that Council give notice of intent to consider the issuance of a Development Variance Permit for 3510 Gagne Road - (Lot F, (DD EX30400), Block 30, District Lot 139, Alberni District, Plan 1562).

3.           “Zoning Amendment No. 44 (4770 Elizabeth Street – C. Lessard), Bylaw No 4622”  (CM)

That “Zoning Amendment No. 44 (4770 Elizabeth Street – C. Lessard), Bylaw No. 4622”, be now introduced and read a first time.

That “Zoning Amendment No. 44 (4770 Elizabeth Street – C. Lessard), Bylaw No. 4622”, be read a second time.

4.           “Zoning Amendment No. 45 (4866 Bute Street – R. Currie) Bylaw No. 4623”  (CM)

That “Zoning Amendment No. 45 (4866 Bute Street – R. Currie) Bylaw No. 4623”, be now introduced and read a first time.

That “Zoning Amendment No. 45 (4866 Bute Street – R. Currie) Bylaw No. 4623”, be read a second time. 

5.           Setting Public Hearing for Bylaw No. 4622 and 4623  (CM)

That the following Bylaws be advanced to Public Hearing on February 20, 2006 at 5:00 pm in the City Hall Council Chambers: 

“Zoning Amendment No. 44 (4770 Elizabeth Street – C. Lessard), Bylaw No 4622”.   

“Zoning Amendment No. 45 (4866 Bute Street – R. Currie) Bylaw No. 4623”. 

6.           "Greenwood Cemetery Bylaw, Amendment No. 1, Bylaw 4621"  (CM) 

That "Greenwood Cemetery Bylaw, Amendment No. 1, Bylaw No. 4621" be finally adopted, signed by the Mayor and Clerk, sealed with the Corporate Seal and numbered 4621.

7.           "Official Community Plan Amendment No. 34 (Northwest Corner of 12th and Bute - Hayre), Bylaw No. 4606"  (CM)

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.

8.           "Zoning Amendment No. 38 (Northwest Corner of 12th And Bute - Hayre), Bylaw No. 4607"  (CM)

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.

I.          REPORTS

1.           Accounts  (HC)

That the certification of the Director of Finance dated January 30, 2006 be received and the cheques numbered             to           inclusive, in payment of accounts totalling             be approved. 

2.           RCMP  (CS)             

Monthly report from the Acting OIC, Port Alberni providing information about current departmental operations.     

3.           Director of Parks and Recreation - Lawrence (Laurie) Wallace  (KW) 

A memo dated January 20, 2006 expressing condolences on the passing of long time friend and parks and recreation advocate, Mr. Lawrence (Laurie) Wallace, and including copies of newspaper articles taken from the scrapbook located in the Laurie Wallace Lounge at Echo '67 Centre.  (Note:  articles in "Reading File).  

That the report dated January 20, 2006 from the Director of Parks and Recreation advising of the passing of Mr. Lawrence (Laurie) Wallace, who was instrumental in the opening of Echo '67 Centre, be received. 

4.           RCMP 2005 Annual Policing Report – Port Alberni Detachment  (CS)  

That the 2005 Annual Policing Report for Port Alberni Detachment providing year end and clearance rate statistics, as well as a detailed overview of policing operations within the Port Alberni Detachment area in 2005, be received.   (Note:  Report in "Reading File") 

5.           Alberni Valley Museum and Heritage Commission  (IP)  

Minutes from the Alberni Valley Museum and Heritage Commission meeting of January 11, 2006. 

6.           Director of Finance – Audit Committee Minutes  (HC) 

That the minutes of the January 9, 2006 Audit Committee Meeting, the memo dated January 18, 2006 from the Deputy Director of Finance responding to questions arising from the January 9, 2006 Audit Committee Meeting and the December financial statements, be received.  

7.           City Clerk - Tag Days  (KW)  

A memo including a chart of proposed tag day allocations for 2006 to be approved by resolution of City Council. 

That Council for the City of Port Alberni approve the 2006 tag day allocations outlined in the report from the City Clerk dated January 25, 2006. 

8.           City Clerk - Court of Revision for 2006  (HC)  

The City is required to establish a Court of Revision for the purpose of the parcel tax roll for the authentication of the assessment roll for the Arena Parcel Tax.  The following resolution is proposed with three Councillors to be appointed: 

That Council for the City of Port Alberni establish that the 2006 Court of Revision, to deal with complaints respecting the assessment roll and authentication of the assessment roll for the Arena Parcel Tax, meet at 10:00 am, April 3, 2006 in the Council Chambers at 4850 Argyle Street.  

That Council for the City of Port Alberni appoint Councillors ________________ and _____________________ , with Councillor ________________ as alternate to the 2006 Court of Revision, Chaired by Raymond Kwok. 

9.           City Clerk - Lease of City Owned Land (Cascadia - First Avenue)  (HC) 

A memo from the City Clerk dated January 18, 2006 advising that the City has leased a portion of First Avenue to Cascadia Forest Products (formerly Weyerhaeuser), and they have expressed an interest to renew their lease under the same general terms as conditions as previous. 

That Council for the City of Port Alberni lease City owned land described as that closed up portion of First Avenue, in the City of Port Alberni as shown outlined in bold on the plan attached to and forming part of the agreement designated as Schedule ‘A’ to Cascadia Forest Products Ltd., for a three year term from April 1, 2006 to March 31, 2009 for $3,522.00 for the term.   

10.         City Clerk -  January 9, 2006 Public Hearing Report  (AL) 

That the report of the Public Hearing held January 9, 2006 be received and filed.

 11.         New Sign Bylaw No. 4578

 Report dated January 23, 2006 from the City Planner regarding the New Sign Bylaw No. 4578 and proposed amendments.  (Note:  Sign Bylaw No. 4578 in Reading File)

 That staff amend the proposed City of Port Alberni Sign Bylaw No. 4578 to add the C8 District, to permit Message Centre Signs and advertisement signs on City buses as outlined in the City Planner's report dated January 23, 2006 and forward the amended bylaw to a future Council meeting for 2nd and 3rd reading.

 14.         Mayor's Report

 15.         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.