MINUTES OF THE REGULAR MEETING OF COUNCIL HELD
TUESDAY, OCTOBER 11, 2005 AT 7:00 PM IN THE CITY HALL
COUNCIL CHAMBERS
PRESENT: Mayor McRae, Councillors Chopra, Lord, Mealey, Patterson, Price and Solda
A. APPROVAL OF AGENDA (including introduction of late items)
Mealey/Lord
That the agenda be adopted as circulated with the changes as follows:
·
C.2 and C.4 - Delegations, cancelled.
·
Scott Loudon delegation representing Port Alberni Toy Run.
·
H.2 - Bylaws, correspondence from Neil Smith, Manager, DOB City Bingo.
·
I.9 - Reports, correspondence objecting to the Development Variance Permit.
Carried
B. ADOPTION OF MINUTES
Mealey/Patterson
That the minutes of the Regular Meeting held September 12, 2005 at 7:00 pm and the Special Meeting held September 19, 2005 at noon be adopted as circulated.
Carried
C. DELEGATIONS
1. Eleanor Coffey, Gramma's Trunk
Eleanor Coffey was in attendance to discuss vandalism on Argyle Street, which corresponds with "buck
a beer" nights at local licenced establishments. They request that the City regulate minimum prices for
drinks.
Solda/Lord
That Council for the City of Port Alberni direct staff to investigate drink price regulations
of other municipalities and report to the CAPES (Committee for the Approval of Public
Events) for a recommendation to be presented to Council.
Carried
2. Scott Loudon, Port Alberni Toy Run
Mr. Loudon presented a report for the 2005 Toy Run. This year 750 bikes
participated and $53,000 was raised for the kids. He requested that the City
appoint a Councillor and staff member to work with the Toy Run to develop a
plan to stage next year's event and allocate funds for worthy projects for the
kids in the community.
3. Dewayne Parfitt
Dewayne Parfitt was in attendance in his role as President of the Port Alberni
2004 Winter Games. He presented a cheque in the amount of $6,600 from the
Legacy Fund to be allocated by the City for purposes that satisfy the goals of the
Legacy Fund.
4. Donald Gillis
Donald Gillis presented an information update concerning properties at 5350
Argyle Street and 3050 Kingsway Avenue. He outlined results of a petition still
circulating within the community, to preserve the land as park.
D. PROCLAMATIONS
1. Port Alberni Association for Community Living
Solda/Lord
That the letter dated September 14, 2005 requesting that the week of
October 10 to 15, 2005 be proclaimed as "Community Living Days" in Port
Alberni, and further advising that:
▪ October has been designated as Community Living Days for British
Columbia,
▪ an Open House and other community information events will be conducted the week of October 10th,
▪ the Mayor and Council are invited to attend their Open House on Thursday, October 13, 2005 from 11 am to 2 pm.
be received and the week be proclaimed as requested.
Carried
2. The BC Council for International Cooperation
Chopra/Mealey
That the letter received October 3, 2005 requesting that October 17, 2005 be proclaimed as "Make Poverty History" day in Port Alberni, and suggesting symbolizing the day with the use of a white band, be received and the day be proclaimed as requested.
Carried
E. CORRESPONDENCE FOR ACTION
1. Dr. James Lunney, MP (Nanaimo-Alberni)
Solda/Mealey
That the letter dated September 23, 2005 requesting information regarding any federal government support requested or received concerning emergency preparedness, be received and referred to the Alberni-Clayoquot Regional District Emergency Operations Centre.
Carried
2. Alberni-Clayoquot Regional District
Chopra/Mealey
That the letter dated September 20, 2005 advising of a resolution passed at a meeting held September 14, 2005 requesting the City of Port Alberni consider sharing 50% of the cost to send a delegate to the "Ocean Industries BC - Waves of Opportunities" Conference, October 19 to 21, 2005 in Vancouver, be received and Council concur with the request.
Carried
3. Howard Dorn
Price/Mealey
That the letter dated September 20, 2005 requesting a road closure of the
2600 block of 1st Avenue, from Stirling to Melrose Streets, from 4 pm to
11 pm on Monday, October 31st to enable the public exhibition of their final
Halloween display, "Howie's Haunted House", be received and that
Council concur with the request and provide acknowledgement to Mr.
Dorn for this annual exhibit.
Carried
4. Alberni-Clayoquot Regional District
Solda/Chopra
That the letter dated October 4, 2005 requesting a waiver of the rental fee
for the Cedar Room at Echo Centre for a "Seniors In Communities
Dialogue Session" that took place on Wednesday, October 5, 2005 from
11:30 am to 3:30 pm, be received and Council concur with the request.
Carried
F. INFORMATIONAL CORRESPONDENCE
1. British Columbia Achievement Foundation, Gordon Campbell, Premier
Letter dated September 13, 2005 inviting nominations for a deserving individual who raises
the quality and character of Port Alberni to receive the Community Achievement Award.
2. City of Parksville
Letter dated September 9, 2005 replying to a letter from the E & N Railway Company (1998) Ltd. regarding a Pest Management Plan, and advising of their resolution passed at a Council Meeting held September 7, 2005 opposing any use of chemicals to control vegetation along the E & N Railroad within the boundaries of the City of Parksville.
3. BC Buildings Corporation
Letter dated August 26, 2005 providing information regarding BC Buildings Corporation consolidating with the Ministry of Labour and Citizens' Services.
4. British Columbia Safety Authority
Letter dated August 31, 2005 asking if the City of Port Alberni would be willing to assist the British Columbia Safety Authority in promoting the first annual Lieutenant Governor's Award for Public Safety, which is intended to recognize outstanding achievement by an individual and/or an organization in promoting public safety.
5. District of North Vancouver
Providing copies of letters dated September 13, 2005 to CN Rail and the Transportation Safety Board of Canada regarding a resolution passed at their Council meeting held September 12, 2005.
6. Local Government Program Services
Letter dated August 30, 2005 advising that the City of Port Alberni's application for funding through the 2005 Emergency Planning granting program has been approved in the amount of $4,800, which represents 75% of the total program cost.
7. Director of Finance
Memo dated September 21, 2005 from the Director of Finance attaching detailed reports from BC Transit regarding City Bus Ridership and Cost Analysis.
8. Canada/British Columbia Infrastructure Program
Letter dated September 13, 2005 advising that the City of Port Alberni has been awarded funding for one project from the Canada/British Columbia Infrastructure Program in the amount of $1,626,200 for the Port Alberni-North Port Sewer Overflow Abatement, Stage 1 Project. Program funding is now fully committed.
9. Director of Parks and Recreation
Copy of a letter dated August 31, 2005 from the Director of Parks and Recreation to the Vancouver Island Regional Library, Central Services (Nanaimo) regarding the Port Alberni Library (renovations) - Floor Plan Signoff.
10. Ministry of Forests and Range and Ministry Responsible for Housing
Letter received September 29, 2005 advising that the South Island Forest District is providing overview training for First Nations and other Communities who have or may have a direct award timber tenure under the Forestry Revitalization Initiative. The session will take place on Thursday, October 20th from 1 pm to 4:30 pm at the South Island Forest District office in Port Alberni.
11. Ministry of Attorney General
Ministry of Community Services
News Release dated September 27, 2005 advising that the new Municipal Bylaw Dispute System is expanding to six communities in BC, which means residents will be able to resolve parking ticket disputes and other minor bylaw offences at the local level rather than going to Court.
12. Outlook 20/20 Council
Options for the Future of Port Alberni
News Release dated September, 2005 advising of an Open Meeting on the future of the Port Alberni Waterfront on Thursday, October 13, 2005 at 7 pm in the Cedar Room and Echo Centre, and that information sheets are available at City Hall, Echo Centre, Women's Center and Port Boat House.
13. British Columbia Utilities Commission
Letter dated September 28, 2005 replying to a letter from the Mayor regarding the acquisition of Terasen Gas Inc. to Kinder Morgan Inc.
14. Spencer Evans and Tim Davies (Greig Seafood BC Ltd.)
E-mails dated October 2, 2005 and October 3, 2005 concerning the defeat of the Hazleton resolution at the UBCM (Union of British Columbia Municipal Municipalities) Convention to place a moratorium on new net pen salmon farms.
15. City of Coquitlam
Copy of a letter dated September 26, 2005 to the City of Port Moody advising that they adopted a resolution at their September 19, 2005 Regular Council meeting supporting the City of Port Moody's request that the Province redirect the revenue collected from the Insurance Premium Tax back to municipalities to offset the local expense of providing Fire Protection Services.
16. Government of British Columbia
Fax dated October 3, 2005 advising that the Government of British Columbia has announced that Land and Water BC's programs will move to a new service delivery model.
17. Premier
Letter dated September 22, 2005 replying to a letter from the Mayors of the City of Port Alberni, City of Campbell River, District of North Cowichan and the District of Powell River concerning major industrial taxation.
Mealey/Patterson
That Informational Correspondence items numbered 1 through 17 be
received and filed.
Carried
G. UNFINISHED BUSINESS Nil
H. BYLAWS
1. City Clerk - "Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608"
Chopra/Mealey
That "Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608" be now introduced and read a first time.
Carried
Chopra/Mealey
That "Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608" be read a second time.
Carried
Chopra/Mealey
That "Council Remuneration and Expenses Bylaw, Amendment No. 2, Bylaw No. 4608" be read a third time.
Carried
2. Alberni Valley Bingo Association
Lord/Chopra
That the e-mail dated October 7, 2005 from Neil Smith of DOB City Bingo requesting that third reading of Bylaw No.(s) 4595, 4596 and 4597 be delayed until the October 24, 2005 Regular Council Meeting, be received and Council concur with the request.
Carried
3. City Clerk - Permissive Tax Exemption Bylaw, 2005 First Amendment,
Bylaw No. 4609
Mealey/Patterson
That the report dated September 22, 2005 from the City Clerk attaching
a table which summarizes the 2006 Property Tax Exemptions as
recommended by the Property Tax Exemption Committee, minutes from
its meeting held September 23, 2005 and Permissive Tax Exemption
Bylaw, 2005 First Amendment, Bylaw No. 4609 for Council's consideration
of introduction and first three readings, be received.
Carried
Mealey/Solda
That "Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw
No. 4609" be now introduced and read a first time.
Carried
Mealey/Chopra
That "Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw
No. 4609" be read a second time.
Carried
Mealey/Lord
That "Permissive Tax Exemption Bylaw, 2005 First Amendment, Bylaw
No. 4609" be read a third time.
Carried
4. City Clerk - Verbal Report from the Public Hearing held at 6:30 pm regarding Bylaw No. 4604
Lord/Mealey
That the verbal report of the Public Hearing held October 11, 2005 at 6:30 pm be received.
Carried
"Zoning Amendment No. 36 (3750 Dundalk Avenue South - Samborski),
Bylaw No. 4604"
Lord/Patterson
That "Official Community Plan Amendment No. 33 (3750 Dundalk Avenue
South - Samborski), Bylaw No. 4603" be read a third time.
Carried
Lord/Patterson
That "Zoning Amendment No. 36 (3750 Dundalk Avenue South -
Samborski), Bylaw No. 4604" be read a third time.
Carried
5. City Planner - Advisory Planning Commission
Lord/Price
That the report of the Advisory Planning Commission Meeting held on September 15, 2005 providing recommendations to Council be received.
Carried
A. Development Application - Proposed Zoning Bylaw Amendment
Lot 23, District Lots 45 and 46, Alberni District, Plan 19898
(3798 Meares Drive) - Applicants: L. and P. Van Vliet
Lord/Price
That Council for the City of Port Alberni endorse the Advisory Planning
Commission's recommendation that the City proceed with an amendment
to the Zoning Bylaw Map to rezone Lot 23, District Lots and 46, Alberni
District, Plan 19898 from P1 Institutional District to R1 – Single Family
Residential District, and as part of the development process, the applicant
be required to receive preliminary layout approval for the proposed
subdivision from the City of Port Alberni’s Approving Officer.
Carried
B. Development Application - Proposed Official Community Plan and Zoning Bylaw Amendments - Lot B, District Lot 1, Alberni District, Plan VIP72368 (NW corner 12th Ave. and Bute St.)
Applicant: A. Singh Hayre dba A.V. and B.D. Electric
Lord/Chopra
That Council for the City of Port Alberni endorse the Advisory Planning
Commission's recommendation that the City proceed with an amendment
to the Official Community Plan Future Land Use map to designate Lot B,
District Lot 1, Alberni District, Plan VIP72368 (Northwest corner of 12th
Avenue and Bute St.) as Residential, and the City proceed with an
amendment to the Zoning Bylaw Map to rezone a portion of Lot B, District
Lot 1, Alberni District, Plan VIP72368 (Northwest corner of 12th Avenue
and Bute St.) as R3 - Small Lot Single Family Residential District and the
remaining portion as RM2 - Medium Density Multiple Family Residential
District, and further that,
As part of the development process the applicant be required to complete the following
before the final adoption of the bylaws.
a.
Receive preliminary layout approval for the proposed subdivision from the City of Port Alberni Approving Officer.
b.
Submit a screening plan for the entire site that meets the requirements of the Zoning Bylaw.
c.
Provide a Letter of Credit for screening based on the required plan and cost estimate.
Carried
Councillor Lord declared a conflict of interest with respect to item H.5.C as she is the Chair of the Alberni-Clayoquot Continuing Care Society, the applicant. She excused herself from the meeting at approximately 8:12 pm.
C. Development Application – Development Variance Permits
Lot 1, District Lot 1, Alberni District, Plan 21224 Except Plan 28593
(4200 – 10th Avenue) Applicant: B. Stevenson dba
Alberni Clayoquot Continuing Care Society
The City Clerk reported that the City does not have the authority to require
screening as a condition of a Development Variance Permit as proposed
by the Advisory Planning Commission.
Mealey/Chopra
That Council for the City of Port Alberni endorse the Advisory Planning
Commission's recommendation that:
a.
the City proceed with the necessary Development Variance Permit to
vary Section 6.32.3 of Zoning Bylaw #4395 Bulk and Site Regulations for the west side Rear Yard Setback from 9 m to 0 metres, a variance of 9 m on Lot 1, District Lot 1, Alberni District, Plan 21224 Except Plan 28593 (4200 10th Avenue).
b. Council give notice of intent to consider the issuance of a Development
Variance Permit on Lot 1, District Lot 1, Alberni District, Plan 21224
Except Plan 28593 (4200 10th Avenue).
c. Subject to approval of the proposed variance on Lot 1, District Lot 1,
Alberni District, Plan 21224 Except Plan 28593 (4200 10th Avenue), the
City work with the applicant to proceed with an additional Development
Variance Permit to vary Zoning Bylaw #4395 as follows:
i. Vary Section 6.32.3 of Zoning Bylaw #4395 Bulk and Site Regulations Rear Yard Setback from 9 m to 5 m, a variance of 4 m on a the strata lot of the proposed assisted living facility.
ii. Vary Section 6.32.3 of Zoning Bylaw #4395 Bulk and Site Regulations Side Yard Setback from 1.5 m to 0 m, a variance of 1.5 m on the strata lot of the proposed assisted living facility.
Carried
Councillor Lord returned to the meeting at approximately 8:17 pm.
6. "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw No. 4605"
Lord/Price
That "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw
No. 4605" be now introduced and read a first time.
Carried
Lord/Patterson
That "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw
No. 4605" be read a second time.
Carried
7. "Official Community Plan Amendment No. 34 (Northwest Corner of
12th and Bute - Hayre), Bylaw No. 4606"
Lord/Chopra
That "Official Community Plan Amendment No. 34 (Northwest Corner of
12th and Bute - Hayre), Bylaw No. 4606" be now introduced and read a
first time.
Carried
Lord/Chopra
That "Official Community Plan Amendment No. 34 (Northwest Corner of
12th and Bute - Hayre), Bylaw No. 4606" be read a second time.
Carried
8. "Zoning Amendment No. 38 (Northwest Corner of 12th and Bute -
Hayre), Bylaw No. 4607"
Lord/Solda
That "Zoning Amendment No. 38 (Northwest Corner of 12th and Bute -
Hayre), Bylaw No. 4607" be now introduced and read a first time.
Carried
Lord/Chopra
That "Zoning Amendment No. 38 (Northwest Corner of
12th and Bute - Hayre), Bylaw No. 4607" be read a second time.
Carried
9. Setting Public Hearing for Bylaw No.'s 4605, 4606 and 4607
Lord/Chopra
That the following Bylaws be advanced to a Public Hearing on Monday,
October 24, 2005 in the Council Chambers at City Hall at 6:00 pm:
A. "Zoning Amendment No. 37 (3798 Meares Drive - Van Vliet), Bylaw
No. 4605"
B. "Official Community Plan Amendment No. 34 (Northwest Corner of
12th and Bute - Hayre), Bylaw No. 4606"
C. "Zoning Amendment No. 38 (Northwest Corner of 12th and Bute -
Hayre), Bylaw No. 4607" .
Carried
I. REPORTS
1. Accounts
Chopra/Price
That the certification of the Director of Finance dated October 11, 2005 be received and the cheques numbered 86910 to 87292 inclusive, in payment of accounts totalling $1,372,009.64 be approved.
Carried
2. RCMP
Solda/Mealey
That the monthly report from the OIC, Port Alberni Detachment providing information about departmental operations for the month of August be received.
Carried
3. Planning
Lord/Patterson
That the monthly report from the City Planner providing information about departmental operations for the month of September be received.
Carried
4. Museum
Patterson/Mealey
That the minutes from the Alberni Valley Museum and Heritage Commission meeting of Wednesday, September 7, 2005 be received.
Carried
5. Engineering and Public Works
Lord/Chopra
That the monthly report from the Engineering and Public Works Department providing information about departmental operations for the month of September be received.
Carried
6. Fire Department
Solda/Mealey
That the monthly report from the Fire Department providing information about departmental operations for the month of September be received.
Carried
7. Show Cause Hearing - Property Maintenance - 4135 Hollywood Street
(Lot 11, Alberni District, Plan 197)
Chopra/Mealey
That the report dated September 23, 2005 from the Bylaw Enforcement Officer/Business Licence Inspector recommending that 4135 Hollywood Street (Lot 11, Alberni District, Plan 197) be the subject of a "Show Cause" Hearing regarding the alleged infractions at the Regular Council Meeting, October 11, 2005 be received and the matter be considered at a subsequent Regular Meeting of Council following additional attempts by staff to notify the property owner.
Carried
8. Director of Finance – Audit Committee Minutes
Chopra/Mealey
That the minutes of the September 12, 2005 Audit Committee Meeting and the August, 2005 financial statements, be received.
Carried
9. City Planner - Development Variance Permit - 2919 Kingsway Avenue
Lord/Patterson
That the report dated October 5, 2005 from the City Planner regarding proposed Development Variance Permit No. 51, along with two letters of objection from: Matt Wiebe of 2929 Kingsway Avenue and Francis Davis of 2929 Kingsway Avenue, be received and Council proceed with consideration of the Development Variance Permit.
Carried
The Mayor provided an opportunity for public input regarding Development Variance Permit No. 51. There was none.
Lord/Price
That Development Variance Permit No. 51 to vary Section 6.8.3 of Port Alberni Zoning Bylaw No. 4395 as follows:
Vary Section 6.8.3 of Zoning Bylaw No. 4395 - Bulk and Site Regulations - Side Yard Setback - Vary the Side Setback from
5 meters (16.4 ft) to 1.5 meters (4.9 ft) a variance of 3.5 meters (11.5 ft).
for the land legally described as Lot 15, Block 102, District Lot 1, Alberni District, Plan 197, be authorized by Council for the City of Port Alberni on October 11, 2005.
Carried
10. City Engineer - Watermain Extension - 2300 Block 8th Avenue Development
Lord/Chopra
That the report dated September 27, 2005 from the City Engineer, along with the report dated September 9, 2005 from the Utilities Superintendent, recommending that staff appropriate $35,000 from the Water Revenue Fund to eliminate the dead end watermains at 8th and 9th Avenues in conjunction with the subdivision service work in the 2300 Block of 8th Avenue, be received.
Carried
11. City Clerk - Lease Renewal of Bus Stop Media Services (Rodney Wade)
Chopra/Mealey
That the letter dated September 19, 2005 from the Rodney Wade of Bus Stop Media Services requesting the City's renewal of the lease with Bus Stop Media Services, be received and that Council for the City of Port Alberni authorize the renewal beginning in January, 2006.
Carried
12. Director of Parks and Recreation - Health Unit and Glenwood Roof Tender
Price/Solda
That the report dated September 21, 2005 from the Director of Parks and Recreation advising that the Government Agent's building roof is in need of immediate replacement be received and staff be directed to provide a report on the costs and benefits of the recommendation to this roof replacement and in consideration of options for the future of the building and property.
Carried
13. Mayor's Report
The Mayor reported on recent activities and matters of current interest.
Mealey/Chopra
That the Mayor's report be received.
Carried
14. Councillors' Reports
The Councillors reported on recent activities related to their various portfolios.
Mealey/Lord
That the Councillors' reports be received.
Carried
J. QUESTION PERIOD
The public and the press were provided the opportunity to ask questions of the Mayor and Council.
K. OTHER COMPETENT BUSINESS
1. Provincial Court
Lord/Chopra
That Council for the City of Port Alberni write a letter to the Provincial Court expressing concern for the conduct of Criminal Court on Fridays, which results in an increase in prisoners held at the local RCMP Detachment cells at the expense of the City and requesting that the regular day for Criminal Court be changed to a day other than Friday.
Carried
L. ADJOURNMENT
Mealey/Lord
That the meeting adjourn at 9:30 pm.
Carried