A G E N D A

REGULAR MEETING OF COUNCIL

MONDAY, JANUARY 9, 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

Special Council Meeting held December 22, 2005. 

C.        DELEGATIONS

1.           Bernadette Whyton, Air Quality Council (CM)

Bernadette Whyton of Air Quality Council and Warren McCormick, Ministry of Environment - Air Quality Meteorologist, presenting the "You Burn It, You Breathe It" brochure and a paper entitled "Fine Particulate Sampling Project in Port Alberni".

2.           United Native Nations Local 560 - Alberni Valley (KW)

Wesley Guiboche to request a contribution from the City to help fund Aboriginal Day on June 21, 2006.  (Please Note: The UNN applied for a Grant In Aid and the Committee recommends denial (Item I.6.))

D.        PROCLAMATIONS      

1.           The Kidney Foundation of Canada (CS)

Letter dated December 14, 2005 requesting that March be proclaimed as "Kidney Month" in the City of Port Alberni.

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

2.           Heart and Stroke Foundation of BC & Yukon (CS)

Letter dated December 21, 2005 requesting that February be proclaimed as "Heart Month" in the City of Port Alberni.

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

E.        CORRESPONDENCE FOR ACTION

1.           Northern Energy & Mining Inc. (HC)

Letter dated December 15, 2005 providing information on the potential change in ownership of the coal handling facility, Ridley Terminal Inc. (near Prince Rupert), and the risks associated with a change of ownership, and requesting support from the City for its suggested options of the ownership being transferred to the federal government, the Port Authority, the coal shippers co-operative or a regulated operator.

2.           Jane Martin and Terry McEvoy (JM)

Faxed letter received December 22, 2005 requesting improvements to the street and sidewalk in the 2800 block of 1st Avenue.

3.           Village of Cumberland (HC)

Letter dated December 28, 2005 inviting Council to attend its Lunar New Year event on January 28, 2006

4.           Association of Vancouver Island and Coastal Communities (HC)

Memorandum dated December 8, 2005 providing information on the submission requirements for resolutions for the 2006 annual general meeting.

F.        INFORMATIONAL CORRESPONDENCE

1.           Norm Macdonald, MLA, Critic for Municipal Affairs

 Letter dated December 9, 2005 inviting Council to contact him regarding any issues that he may be able to assist with in his capacity as Critic for Municipal Affairs.

2.           Union of British Columbia Municipalities (UBCM)

Memorandum dated December 2, 2005 welcoming newly elected officials, and enclosing the 2004-2005 UBCM Accomplishments in Brief.

 3.           Union of British Columbia Municipalities (UBCM)

Memorandum dated December 16, 2005 providing information on delivering the federal "New Deal" gas tax funding for communities in BC. 

 4.           Union of British Columbia Municipalities (UBCM 

Memorandum dated December 19, 2005 providing information on UBCM administered provincial programs and a summary of programs that the City has participated in.

 5.           Union of British Columbia Municipalities (UBCM)

Memorandum dated December 14, 2005 providing an update/overview of the Supreme Court of Canada case regarding municipal employees servicing RCMP detachments.

6.           Bear Aware

Letter dated December 15, 2005 inviting Council and staff to attend the Bear Smart Workshop in Richmond on February 9 and 10, 2006 

7.           Association of Vancouver Island and Coastal Communities (AVICC)

Memorandum dated December 16, 2005 providing information on the new late resolution policy and Gold Star Resolutions criteria 

8.           Ministry Responsible for Housing

Providing copies of "Local Government Guide for Improving Market Housing Affordability" and "Secondary Suites: A Guide for Local Governments", which provide examples of how local governments are striving to increase the supply and affordability of housing.  (Complete documents in Reading File.)

9.           BC Land Title and Survey Authority of British Columbia

Letter dated December 5, 2005 expressing appreciation for City staff members Linda Scobbie and Dave Cappus for being instrumental in producing an updated electronic official plan for Integrated Survey Area No. 37 for the City of Port Alberni.  The official plan shows location of geodetic survey control monuments that have accurate elevations and coordinates

10.         Canadian Heritage

Providing a 2006 Funding Application form for the "Celebrate Canada" program and a "Canada Day Youth Award" nomination package. (Complete Documents in Reading File. 

11.         Canada Post

Letter dated December 20, 2005 providing an update on the future of the postal service employee/employment situation in Quebec 

12.         Public Safety and Emergency Preparedness Canada

Providing information on the on-line Chemical, Biological, Radiological and Nuclear Training Courses.  These online courses are part of the Government's comprehensive CBRN First Responder Training Program developed in partnership with the RCMP, the Public Health Agency of Canada, Defence Research and Development Canada, and the Canadian Nuclear Safety commission.   

13.         North Island College

Providing a copy of the Minutes of the Regular Meeting of the North Island College Board of Governors held September 28, 2005 

14.         BC Progress Boar 

Letter dated December 15, 2005 providing a copy of the Fifth Annual BC Progress Board Benchmarking Report "Comparing BC's Performance - Reaching Our Potential".  (Complete Document in Reading File.)

15.         BC Assessment

Letter dated December 28, 2005 advising that the total taxable value of the 2006 Assessment Roll has increased approximately 15% from 2005, and that property owners will receive Property Assessment Notices in early January

 That Informational Correspondence items numbered 1 through 15, be received and filed.

1.           City Clerk - Lease of Train Station to Western Vancouver Island Industrial Heritage Society (HC 

That Council for the City of Port Alberni lease City owned land legally described as Lot A, District Lot 1, Alberni District, Plan 49411 to the Western Vancouver Island Industrial Heritage Society for the Port Alberni Train Station, under the terms and conditions of the agreement as circulated, for a three year term from January 1, 2006 to December 31, 2008 for $1.00 per year.

2.           City Clerk - Lease of 4711 Elizabeth Street to British Columbia Building Corporation  (HC)

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.           City Clerk - Liquor License Application for the AV Multiplex (HC)

Report from the City Clerk dated January 3, 2006 regarding the response to the advertised "Notice for Public Comment" for the Liquor Licence Application from the Parks and Recreation Department for the Alberni Valley Multiplex - Norske Canada Lounge change in capacity from 310 to 448 persons, and recommending that the Liquor Licence Application be forwarded to the Liquor Control and Licencing Branch (LCLB) with the following resolution.  (Please Note: The resolution has been drafted to address the issues required by the LCLB.  Any public input received by noon on January 9, 2006 will be circulated to Council and should be reflected in the resolution adopted.)

 That Council for the City of Port Alberni recommends the issuance of the liquor licence for the Alberni Valley Multiplex – Norske Canada Lounge with a person capacity of 448 and that this be communicated to the Liquor Control and Licensing Branch along with the following response to their criteria:

The subject facility is surrounded by City owned property developed for sports and recreation facilities the facility is removed from residences and is suitable for the types of entertainment proposed.

The proximity to other public buildings is appropriate.  The types of buildings are not incompatible with the application.

The maximum person capacity is suitable with the use of the facility and will be well accommodated with the proposed improvements.  The hours of operation are based on events within the facility and do not extend beyond existing licensed establishments within the community.

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.  The facility will not be operated daily, operation will coincide with Multiplex events.

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.

This facility and existing establishments will not be affected by population projections.

Service of alcohol within the facility is to demonstrate exemplary serving it right principles.

As demonstrated over time, with the use of Special Occasion licences, the serving of alcohol within the multiplex adds to the positive social contributions of this facility and the events that it hosts.  This licence will help to support tourism and provide stability for an important social venue within the community.

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, December 16 and 21, 2005.  Notice was posted at the facility, in all public facilities within a 75 metre radius and at City Hall.  Notice was also distributed to all owners and occupants of property within 75 metres.

There has been no public input to comment on.

H.        BYLAWS                           

1.           City Clerk - January 9, 2006 Verbal Public Hearing Report (CM)

That the verbal report of the Public Hearing held January 9, 2006 at 6:00 pm be received.

2.           "Zoning Amendment No. 41 (2151 - 11th Avenue - Vandermolen), Bylaw No. 4615" (CM)

 That "Zoning Amendment No. 41 (2151 - 11th Avenue - Vandermolen), Bylaw No. 4615", be read a third time.

3.         "Greenwood Cemetery Bylaw, Amendment No. 1, Bylaw No. 4621" (JM)

That "Greenwood Cemetery Bylaw, Amendment No. 1, Bylaw No. 4621" be now introduced and read a first time.

That "Greenwood Cemetery Bylaw, Amendment No. 1, Bylaw No. 4621" be read a second time.

That "Greenwood Cemetery Bylaw, Amendment No. 1, Bylaw No. 4621" be read a third time.

4.           Land Use Contract - Alberni Mall (CM)

Report from the City Clerk dated December 29, 2005 describing the process to  rescind the Land Use Contract No. 4 that prescribes the land use regulations for the Alberni Mall property and presents the bylaws and agreement associated with the process.

That "Land Use Contract No. 4, Discharge Bylaw No. 4619", be now introduced and read a first time.

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

That "Zoning Amendment No. 43 (3500 Johnston Road - Alberni Mall), Bylaw No. 4620", be now introduced and read a first time.

That "Zoning Amendment No. 43 (3500 Johnston Road - Alberni Mall), Bylaw No. 4620" be read a second time.

That the following bylaws be advanced to a Public Hearing on Monday, January 30, 2006 in the Council Chambers at City Hall at 6:00 pm:

1.           "Land Use Contract No. 4, Discharge Bylaw No. 4619"; and

2.           "Zoning Amendment No. 43 (3500 Johnston Road - Alberni Mall), Bylaw No. 4620".

I.          REPORTS

1.           Accounts (HC)

That the certification of the Director of Finance dated January 9, 2006 be received and the cheques numbered             to           inclusive, in payment of accounts totalling             be approved.

 2.           Engineering and Public Works             

Monthly report from the Engineering and Public Works Department providing information about departmental operations in December 2005.

3.           Planning (CM)            

Monthly report from the City Planner providing information about departmental operations in December 2005 

4.           Fire Department (CS 

Monthly report from the Fire Department providing information about departmental operations in December 2005.

5.           City Engineer - Refit of Container Garbage Truck (HC)

Report dated December 19, 2005 advising that Container Garbage Truck #426 purchased in September 2004 has insufficient horsepower, outlining the steps undertaken to increase the horsepower, and requesting approval of $14,250. ($12,500 plus PST $875 and GST $875) from the Equipment Replacement Reserve Fund to pay for the City's portion of the refit. 

That Council for the City of Port Alberni approve an expenditure of $14,250. ($12,500 plus PST $875 and GST $875) from the Equipment Replacement Reserve Fund to pay for the City's portion of the refit of the Container Garbage Truck #426.

6.           Councillor Whiteman, Chair, Grants In Aid Committee (KW)

Report dated December 20, 2005 attaching a summary of recommendations for Council for the 2006 Grants In Aid.

That the recommendations of the Grants In Aid Committee for 2006 Grants In Aid as specified in the December 20, 2005 report be endorsed by City Council.

7.           Director of Finance - Revenues from Stirling Field Lease (HC)

Report dated December 16, 2005 requesting confirmation from Council that the revenue collected from the Stirling Field lease to Dave Preedy for the Marina View Mini Golf be directed into the Parks and Recreation Capital Reserve fund for future facility and park development.

That the revenue collected from the Stirling Field lease to Dave Preedy for the Marina View Mini Golf be directed into the Parks and Recreation Capital Reserve fund for future facility and park development.

8.           Director of Finance - Annual Operating Agreement with BC Transit &     Western Bus Lines (JM)       

Report dated December 13, 2005 requesting Council's approval to amend the 2005/06 Annual Operating Agreement with BC Transit and Western Bus Lines due to higher fuel prices.

That the report dated December 13, 2005 requesting Council's approval to amend the 2005/06 Annual Operating Agreement with BC Transit and Western Bus Lines due to higher fuel prices be received and Council for the City of Port Alberni authorize the Mayor and the Clerk to sign the amending agreement.

9.           Director of Finance - Banking Services Contract Extension (HC)

Report dated December 27, 2005 requesting Council's approval for a 2 year extension of the banking service contract with the Bank of Montreal.

That the report dated December 27, 2005 requesting Council's approval for a 2 year extension of the banking service contract with the Bank of Montreal be received and Council for the City of Port Alberni authorize the Mayor and the Director of Finance to sign the extension contract.

10.         City Clerk - Alberni Valley Bingo Association Liquor Licence Application

Report dated December 27, 2005 providing information on the liquor licence application from the Alberni Valley Bingo Association for a liquor licence for the proposed establishment (Rim Rock Gaming Centre) at 4890 Cherry Creek Road, describing the requirement that the process requires public input and consideration by City Council and requesting Council's direction.

That Council for the City of Port Alberni endorse the City Clerk's report of December 27, 2005 regarding the liquor licence application from the Alberni Valley Bingo Association for a liquor licence for the proposed establishment (Rim Rock Gaming Centre) at 4890 Cherry Creek Road and direct staff to solicit public input with the notice as circulated. 

 11.         City Clerk - Noise Complaints - Car Stereos (IP)

Report dated January 4, 2006 in response to Councillor Patterson's notice of motion from the December 22, 2005 meeting of Council providing information regarding complaints about loud car stereos and outlining current regulations and a proposed Municipal Ticket Information (MTI) bylaw.

12.         Director of Parks and Recreation - BC Hydro Right of Way Agreements (HC)

Report dated December 30, 2005 providing a copy of the agreements submitted by BC Hydro for the right of way adjustment required for the development of the new library, which will allow BC Hydro to install additional transmission towers along the north side of Russell Park in future years, if required.

That the report dated December 30, 2005 providing a copy of the agreements submitted by BC Hydro for the right of way adjustment required for the development of the new library, which will allow BC Hydro to install additional transmission towers along the north side of Russell Park in future years, if required, be received.

1.           That Council for the City of Port Alberni, under the Authority of Section 8 of the Community Charter, enter into an agreement with British Columbia Hydro and Power Authority to grant a right of way over those portions of Block C and D, District Lot 1, Alberni District, Plan 6407 except part in Plan 28919, as outlined on the sketch attached to and forming part of the right of way agreement.

2.           That Council for the City of Port Alberni, under the Authority of Section 8 of the Community Charter, enter into an agreement with British Columbia Hydro and Power Authority to grant a right of way over those portions of Parcel Identifier 001-510-380, legally described as District Lot 1, Alberni District, Plan 5330 except those parts in plans 6163, 6407, 6552, 6553, 6564, 6752, 7078, 7775, 9060, 9748, 10801, 10994, 11410, 11734, 11865, 13639, 13685, 15784, 16432, 18042, 19169, 21224, 21463, 25942, 28919, 50602, VP54601 and VIP56962, as outlined on the sketch attached to and forming part of the right of way agreement.

3.           That Council for the City of Port Alberni, under the Authority of Section 8 of the Community Charter, enter into an agreement with British Columbia Hydro and Power Authority to grant a right of way over those portions of road right of way at Wallace Street, Tenth Avenue, Anderson Avenue and unnamed road in Russell Park, as outlined on the sketch attached to and forming part of the right of way agreement.

4.           That Council for the City of Port Alberni, under the Authority of Section 8 of the Community Charter, agree to the release of SRW No. 204946G only as to part on Plan 858RW.

13.         City Clerk - Staff Reports Following Public Hearings (HC)

Report dated January 3, 2006 providing a client bulletin from Staples, McDannold, Stewart regarding Public Hearings, and that staff reports can address submissions made at a public hearing but not present "new information".

That the report dated January 3, 2006 providing a client bulletin from Staples, McDannold, Stewart regarding staff reporting of Public Hearings, be received.

14.         City Clerk - MacMillan Provincial Park - Parking (KW 

Report dated January 4, 2006 advising that Mayor McRae has recently met with the Minister of Environment regarding the "Safety Enhancement Project" (the proposed new parking lot) at MacMillan Provincial Park, and that Council confirm their position regarding the parking improvements at MacMillan Park (Cathedral Grove).

15.         City Manager - Sri Lanka Mission Update (HC)

Report dated January 4, 2006 describing the recent trip to Sri Lanka to participate in the Federation of Canadian Municipalities' (FCM) sponsored relief mission and providing details of the missions goals and objectives 

That the report dated January 4, 2006 describing the recent trip to Sri Lanka to participate in the Federation of Canadian Municipalities' (FCM) sponsored relief mission and providing details of the missions goals and objectives, be received.

16.         Mayor's Report  

 17.        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.