The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., June 12, 2000.
Present:
Mayor Michael Coleman;
Councillors Mike Caljouw, Sharon Jackson, Phil Kent, Martin Lukaitis, Geoff Maxwell and Ernie Moon.
Also Present:
Paul Douville, City Administrator.
His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Minutes
Movd. Councillor M. Lukaitis
Secd. Councillor S. Jackson
THAT the Minutes of the Regular Meeting of City Council held on May 23, 2000 be adopted.
Carried.
Delegations
Cowichan Thunder In The Valley Pow Wow
Representing the Cowichan Thunder In The Valley Pow Wow, Pierre Graham addressed Council requesting special consideration for use of the City's portable bleachers. Current Council Policy dictates that use of our bleachers away from McAdam Park be limited to:
* Duncan-Cowichan Summer Festival
* Christmas Pageant - Church of Latter Day Saints
* Cowichan Rugby Club.
Mr. Graham said that the Pow Wow will likely attract between 5,000 and 10,000 people, including performers and spectators.
Movd. Councillor P. Kent
Secd. Councillor M. Caljouw
THAT the Council of the City of Duncan ratify Mayor Coleman's decision to permit the Khowutzun's Thunder in the Valley Pow Wow Committee to use our three (3) sets of portable bleachers for their second annual Pow Wow being staged in Duncan on June 16, 17 & 18, 2000, as verbally requested by Committee Member Pierre Graham, subject to:
1. Provision of an irrevocable letter of credit or certified cheque for $1,000.00 to be used should damage occur to the bleachers (would revert to the Pow Wow Committee if the bleachers are returned undamaged).
2. The Public Works Superintendent being in charge of the pick-up and return of the bleachers.
3. Written agreement of Khowutzun's Thunder in the Valley Pow Wow Committee of these terms and conditions.
Carried.
Mr. Graham thanked Council for this special consideration and invited the Mayor and all Councillors to the opening Ceremony scheduled for 7:00 p.m., June 16, 2000.
Silver Bridge Inn - Signage
Representing the Silver Bridge Inn and Pacific Sign and Design Ltd., Dale Wlasichuk addressed Council regarding proposed improved Silver Bridge Inn signage. They have submitted a Development Variance Permit Application since some of the signs do not meet the regulations in the Sign Bylaw.
The variances requested are as follows:
* Three (3) freestanding signs are proposed, whereas our Sign Bylaw permits a maximum of two (2) for this frontage.
* The existing freestanding sign is approximately 6.68 m² (72. ft²) in sign area. Our Sign Bylaw permits a maximum size of 5.99 m² (64.5 ft²).
* One of the freestanding signs proposed is 11.97 m² (128.94 ft²). Our Sign Bylaw permits a maximum sign area of 5.99 m² (64.5 ft²). Excluding the boarders and frame, this "Travelodge" sign is proposed to be 6.44 m² (69.33 ft²). The balance of the total area is for a 1.2 m (4') x 2.4 m (8') readograph display.
* The proposal indicates 7 facia signs on the highway side of the building. Our Sign Bylaw permits a maximum of one (1) facia sign per building face. (The one (1) permitted facia sign could stretch the full length of the building frontage.) Note that three (3) of these facia signs are located on the tower. The combined total area of the seven (7) facia signs is less than what is permitted in the Sign Bylaw.
* The three (3) facia signs located on the building tower are above the signage area limits prescribed in our Sign Bylaw.
When these requests were considered by the Planning Committee on June 7, the only concern was the large new freestanding sign.
Mr. Wlasichuk stressed that the "Travelodge" portion of this sign will only be 6.44 m² (69.33 ft²). Mr. Wlasichuk was asked to provide a computer generated photograph of the proposed large sign in relation to the building and the other signs. He agreed to do so.
Alice Hung, representing the owners of the Silver Bridge Inn, then addressed Council. She said they have been taxpayers of the City of Duncan for 12 years now and have recently embarked on extensive renovations to all segments of their business. She said they are joining the "Travelodge" chain in order to make their business prosper and remain strong in the City economy.
Movd. Councillor P. Kent
Secd. Councillor E. Moon
THAT the Administrator be authorized to forward the required Development Variance Permit Application Notices;
AND THAT the Application be referred back to the Planning Committee for further consideration.
Carried.
Communications
National Aboriginal Day
Movd. Councillor M. Lukaitis
Secd. Councillor S. Jackson
THAT June 21, 2000 be proclaimed "National Aboriginal Day" in the City of Duncan as requested in the April 26, 2000 memorandum from the Federation of Canadian Municipalities.
Carried.
Cowichan Folk Festival - Annual Request
For consideration was a letter dated May 10, 2000 from the Cowichan Folk Guild.
Movd. Councillor G. Maxwell
Secd. Councillor S. Jackson
THAT the Council of the City of Duncan authorize the "Islands Folk Festival Banner" to be displayed from the banner poles south of the Cowichan River on the east-side of the Trans Canada Highway from July 17 to 28, 2000.
Carried.
Movd. Councillor G. Maxwell
Secd. Councillor S. Jackson
THAT the requests from the Cowichan Folk Guild for use of the City's water tank truck and shade tents be referred to the Committee of the Whole.
Carried.
Spina Bifida and Hydrocephalus Month
Movd. Councillor M. Caljouw
Secd. Councillor G. Maxwell
THAT the balance of June 2000 be proclaimed as "SPINA BIFIDA and HYDROCEPHALUS MONTH" in the City of Duncan as requested in the May 17, 2000 letter from the Spina Bifida & Hydrocephalus Association of British Columbia.
Carried.
Dogs on Leashes
For consideration was a letter dated May 25, 2000 from Robert and Wendy Liptak of 734 Castle Street.
Movd. Councillor S. Jackson
Secd. Councillor P. Kent
THAT the letter dated May 25, 2000 from Mr. & Mrs. R. Liptak and the following recommendation from the Administration be referred to the Parks and Recreation Committee:
"THAT in response to their May 25, 2000 letter regarding the need for dogs to be on leashes, Mr. & Mrs. R. Liptak be advised that "The Dog Regulation, Licensing and Impounding Bylaw" does not contain a "Leash Law", but stipulates that a dog must be under the immediate charge and control of a responsible and competent person when the dog is elsewhere than on the premises of a person owning or having the custody, care or control of the dog."
Carried.
Summer Festival Beer Garden
Movd. Councillor P. Kent
Secd. Councillor G. Maxwell
THAT the following items of correspondence regarding the Summer Festival Beer Garden be TABLED:
* Letter dated May 31, 2000 from the Duncan Elks
* Letter dated June 9, 2000 Sean Napier, Owner, Gossips Restaurant.
Carried.
Councillor Moon dissenting.
City of Vancouver - Cigarette Smoking
Movd. Councillor M. Lukaitis
Secd. Councillor S. Jackson
THAT the June 1, 2000 letter from the City of Vancouver, regarding Senator Colin Kenny's Bill that would establish an independent Canadian Tobacco Youth Protection Foundation, be received, the contents noted and filed.
Carried.
Proposed Taxi Rate Increases
For consideration was a notice advising that Duncan Taxi Ltd. and Country Cabs Ltd. have applied for rate increases to the Provincial Motor Carrier Commission. Part of the application is as follows:
Travel Rates: New Present
* for the first one-tenth (1/10) $2.50 $2.15
loaded kilometer or fraction
thereof
* for each additional one-tenth
(1/10) loaded kilometer or
fraction thereof $0.15 $0.13
* Minimum charge $2.50 $2.15.
Movd. Councillor S. Jackson
Secd. Councillor E. Moon
THAT the Council of the City of Duncan advise the Motor Carrier Commission they have no objection to the application made by Duncan Taxi Ltd. and Country Cabs Duncan Ltd. for rate increases to help cover the increased operational costs of maintenance and fuel.
Carried.
Rebels Flag Football Club -Beer Garden
Movd. Councillor S. Jackson
Secd. Councillor M. Caljouw
THAT the Rebels Flag Football Club be authorized to host a Beer Garden at McAdam Park in conjunction with the Cowichan Women's Flag Football League Sun Bowl Tournament between 12:00 noon and 8:00 p.m. on June 24(Saturday) and June 25(Sunday), 2000 as requested in their June 9, 2000 letter subject to payment of $100.00 per day in addition to rental rates and subject to compliance with the Beer Gardens' Policy;
AND THAT in light of the complaints received about music volume levels during a previous Tournament, the event organizers (i.e. John Elzinga) be requested to ensure us in writing by June 20, 2000 of compliance with the following items:
1. Music volume must be kept at a reasonable level.
2. Music volume will be reduced if a request is received from residents in the vicinity of McAdam Park or City Officials.
3. The music system speakers must face towards the Cowichan River.
4. Provision of a $300.00 deposit which will be returned to the Rebels Flag Football Club if the park and facilities are left in a clean and undamaged condition.
Carried.
Reports of Standing Committees
Finance Committee
Warrant No.
05-00
Movd. Councillor E. Moon
Secd. Councillor G. Maxwell
THAT Warrant No. 05-00 covering General Account cheque numbers 101307 - 101454 in the total amount of . . . . . $469,509.07
Payroll Account
- Payroll #10 covering cheque
numbers 0193 - 0203 in the total
amount of . . . . . . . 26,755.18
- Payroll #11 covering cheque
numbers 0204 - 0228 33,362.74
GRAND TOTAL . . . . . . $529,626.99.
be ratified.
Carried.
Planning Committee
For consideration were the notes of the June 7, 2000 meeting.
Signage - Home Occupation Businesses
Movd. Councillor S. Jackson
Secd. Councillor P. Kent
THAT there be no change to the signage provision for home occupation businesses (i.e. currently maximum of .3 m² (3.23 ft²) facia sign on the primary building);
AND THAT Zoya's Music Collection at 126 Queens Road be directed to remove the non-compliant sandwich board sign.
Carried.
Councillors Jackson and Lukaitis dissenting.
Reports of Special Committees
Building Statistics Report - May 2000
Movd. Councillor G. Maxwell
Secd. Councillor M. Caljouw
THAT the Building Statistics Report for April 2000, as prepared by Dave Sanders, Building Inspector/LAFC, be received, the contents noted and filed.
Carried.
Miscellaneous
Councillor Caljouw reported on the following items:
* He brought greetings to approximately 265 ladies at the recent Fraternal Order of Eagles Convention.
* He participated in the Air Cadets Annual Inspection on June 11. He said they have a great Drill Team and Band. He noted that Ms. A. Bob received their Leadership, Warrant Officer and Lord Strathcona Awards.
* He participated in the official opening of the Fetal Alcohol Syndrome office on Jubilee Street with MP Reed Elley.
Councillor Moon reported on the June 10 and 11 VI Regional Library Board meeting. He said they started on the 2001 budget process and were provided with updates on the 10-year plan for facilities.
Mayor Coleman reported on the following items:
* On May 27, he attended the Mexico/Canada Soccer Games.
* He expressed appreciation to Deputy Mayor Caljouw for representing himself and Council at several events this year including the official opening of the new Amphitheater in Ladysmith Transfer Beach.
* On May 29, he addressed the Eastern Star Provincial Convention Members.
* On June 1 - 6, he participated in the Federation of Canadian Municipalities Annual Convention. He referenced the new $125 million "Green Infrastructure Fund".
* On June 8, he addressed the Fraternal Order of Eagles Convention Men's segment.
* On June 9, he attended the opening of the new offices of Big Brothers and Big Sisters.
* He encouraged all viewers to participate in the Cowichan Thunder In The Valley Pow Wow being staged June 16, 17 and 18.
* He encouraged the Shaw Cable viewers to also participate in the Duncan Business Improvement Area Society Father's Day activities at the Moose Lodge. A baseball game will be staged between City representatives and DBIAS representatives.
Unfinished Business
Fetal Alcohol Syndrome
Movd. Councillor S. Jackson
Secd. Councillor P. Kent
THAT the letter dated May 17, 2000 from the Union of BC Municipalities, regarding responses from the Provincial Government on the Fetal Alcohol Syndrome resolution introduced by City Council, be received, the contents noted and filed;
AND THAT a copy of this correspondence be forwarded to the local Fetal Alcohol Syndrome Society.
Carried.
Proposed New Library Facility
Movd. Councillor M. Lukaitis
Secd. Councillor G. Maxwell
THAT the following items of correspondence be referred to the Vancouver Island Regional Library Board:
* Letter dated May 25, 2000 from Jean MacLeod
* Letter dated June 8, 2000 from N. H. Gourlay.
Carried.
Public Works Van 2000
For consideration was a memorandum dated May 26, 2000 from the Public Works Superintendent.
Movd. Councillor M. Caljouw
Secd. Councillor G. Maxwell
WHEREAS the low bidder, Bow-Mel Chrysler, has advised us that they are now unable to supply anymore year 2000 vans;
THEREFORE BE IT RESOLVED THAT Council accept the second lowest bid of $20,341.00 (plus tax) from Ken Evans Ford Sales Ltd. for a new Public Works Van.
Carried.
Trunk Road Corridor Safety & Traffic Operations Review
For consideration was a letter dated May 26, 2000 from Delcan Corporation to ICBC.
Movd. Councillor S. Jackson
Secd. Councillor M. Caljouw
THAT the Council of the City of Duncan advise the Insurance Corporation of BC (ICBC) and Delcan Corporation that we are in agreement with the proposed methodology, study schedule and fees as described in the May 26, 2000 letter of proposal from the Delcan Corporation regarding the Trunk Road Corridor (between TCH and Lakes Road) Safety & Traffic Operations Review (Note: There is no cost to the City for this study, but cost-sharing with ICBC for agreed improvements is required (e.g. City paid 42% of $124,500 Government Street improvements).
Carried.
RCMP Crime Prevention Program - 2000 Grant
For consideration was a memorandum dated May 15, 2000 with enclosures from RCMP Constable Tracy Rook regarding the RCMP Crime Prevention Program. The following resolution was adopted at the April 17, 2000 Budget Review Committee Meeting:
"THAT Council provide a $1,000.00 grant for the year 2000 for the RCMP Crime Prevention Program subject to provision of a Financial Statement."
Movd. Councillor P. Kent
Secd. Councillor G. Maxwell
THAT Council authorize the release of the $1,000.00 grant for the year 2000 for the RCMP Crime Prevention Program noting the financial information contained in the May 15, 2000 memorandum from Constable Tracy Rook.
Carried.
Gypsy Moth Control
Movd. Councillor S. Jackson
Secd. Councillor G. Maxwell
THAT the letter dated May 30, 2000 from Michael Abel of Victoria, BC regarding a Bylaw banning the aerial pesticide spraying of BTK for Gypsy Moth control, be TABLED awaiting the related report from the Union of BC Municipalities;
AND THAT the Administrator be requested to obtain a copy of the District of Metchosin Bylaw.
Carried.
2003 BC Seniors' Games
Movd. Councillor M. Caljouw
Secd. Councillor P. Kent
THAT the May 31, 2000 letter from the CVRD advising that they have resolved to jointly co-host the 2003 or 2004 BC Seniors' Games with the City of Duncan and the District of North Cowichan, be received, the contents noted and filed with pleasure.
Carried.
Dry Grad 2000
Movd. Councillor P. Kent
Secd. Councillor S. Jackson
THAT the letter dated May 31, 2000 from the Dry Grad 2000 Committee be received, the contents noted and filed.
Carried.
CatScan -
Cowichan District Hospital
Movd. Councillor S. Jackson
Secd. Councillor M. Caljouw
THAT the letter dated March 15, 2000 to the Minister of Health and the reply dated June 2, 2000 from the Minister of Finance, regarding the proposed CatScan, be referred to the Cowichan District Hospital CatScan Committee for comment.
Carried.
Proposed
7-Eleven Convenience Store/Gas Bar
For consideration was a memorandum dated June 6, 2000 from the City Administrator.
Movd. Councillor S. Jackson
Secd. Councillor G. Maxwell
THAT the Council of the City of Duncan rescind the following Development Variance Permit Resolution adopted at the May 23, 2000 Regular Meeting of City Council:
"THAT for the new proposed 7-Eleven Convenience Store/Gas Bar at 1006 Government Street, Council approve of the following variances:
* The exterior side-yard setback along College Street be reduced from 4.5 m (14.76 ft) to .5 m (1.64 ft) to accommodate the existing gas bar canopy overhang.
* The rear-yard setback be reduced from 4.5 m (14.76 ft) to 3.97 m (13 ft);
AND THAT the following provisions also apply:
* One of the parking spaces shown on their plan to be enlarged and designated as a loading zone (3m x 9m)
* A minimum 1.5 metre high decorative fence to be provided on property lines adjoining the residential zoned properties (west and north property lines; there is an existing fence on the west property line)
* A 6.1 metre (20 feet) wide strip of property adjoining and running parallel with Government Street be designated by a covenant as a no-build area to allow for future road widening.";
AND THAT the Development Variance Permit Application for this 7-Eleven Convenience Store/Gas Bar be referred to the Planning Committee for further recommendation.
Carried.
Movd. Councillor S. Jackson
Secd. Councillor G. Maxwell
THAT the June 12, 2000 letter from Orchard & Company, Solicitors for John and Andrea Wince, and the 11 form letters objecting to a 24-Hour Convenience Store at this location, be referred to the Planning Committee.
Carried.
Proposed Youbou Mill Sale
Movd. Councillor S. Jackson
Secd. Councillor G. Maxwell
THAT the letter dated June 6, 2000 from the Honourable Jim Doyle, Minister of Forests, regarding the TimberWest/J.S. Jones - Proposed Youbou Mill sale, be referred to IWA Local 1-80, C.L.C. and MLA Jan Pullinger.
Carried.
Polio Rehabilitation Clinic
Movd. Councillor S. Jackson
Secd. Councillor P. Kent
THAT the letters dated April 28 and May 29, 2000 to and from the Ministry of Health, regarding a Polio Rehabilitation Clinic, be received, the contents noted and filed.
Carried.
New Business
Audited Financial Statements and Council Remuneration
Movd. Councillor P. Kent
Secd. Councillor G. Maxwell
THAT the report dated June 7, 2000 from the City Treasurer, regarding the Audited Financial Statements and Council Remuneration, be received, the contents noted and filed.
Carried.
Special Meeting
Movd. Councillor S. Jackson
Secd. Councillor M. Caljouw
THAT the Council of the City of Duncan resolve into Committee of the Whole (i.e. Special Meeting) to discuss legal and personnel issues;
AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 - Municipal Act).
Carried.
At 8:32 p.m., City Council resolved into Special Meeting.
At 9:38 p.m., the following Motion was PUT:
Movd. Councillor G. Maxwell
Secd. Councillor M. Lukaitis
THAT the Special Meeting rise and report to City Council.
Carried.
TV/VCR Combination
Movd. Councillor G. Maxwell
Secd. Councillor S. Jackson
THAT Council authorize the purchase of a combination TV/VCR unit for use in City Hall for a maximum of $550.00 plus tax.
Carried.
Adjournment
Movd. Councillor M. Lukaitis
Secd. Councillor G. Maxwell
THAT this meeting of City Council do now adjourn.
Carried.
At 9:40 p.m., the meeting adjourned.
Michael Coleman
Mayor
Paul Douville
City Administrator
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