The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., August 9, 2004. Present: Mayor Michael Coleman; Councillors Jenny Farkas, Sharon Jackson, Phil Kent, Geoff Maxwell and Ken Newcomb. Absent With Prior Notice: Councillor Mike Caljouw. Also Present: Mark Frame, Deputy Clerk and Lynn Ketch, Recording Secretary.
	His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Agenda	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the Agenda for August 9, 2004 Regular Council Meeting, with the following addition, be approved: 9.(k) Boundary Extension Study. Carried.
Adoption of Minutes	Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT the minutes of the July 12, 2004 Regular Council meeting be adopted. Carried.
	Delegations
Inspector Linton Robinson, OIC, North Cowichan/ Duncan Detachment RCMP – 2^nd Quarter Crime Report - 2004	For consideration was the Quarterly Report from RCMP Inspector Linton Robinson dated August 2004. He noted that BC’s overall crime rate increased by 6% in 2003 with the crime rate for the Province being 124 offences per 1,000 persons compared to 192 offences per 1,000 persons for the Duncan area. The first quarter crime report reflected an 18% increase in incidents between 1^st Quarter 2004 and 4^th Quarter 2003, and 17% between 1^st quarter 2004 and 1^st Quarter 2003. The second Quarter 2004 (April to June) shows a significant increase in Theft under $5,000 (i.e. shoplifting), however, there has been a decrease in Theft of Motor Vehicles from 33 (2^nd Quarter 2003) to 15 (2^nd Quarter 2004). This decrease has been attributed to the efforts of the Community Policing Program. There have also been noted increases in the following: · Abuse to Seniors · Violent and random sexual attacks · Suicides · Violent drug related incidents. Youth Crime Statistics remain constant with shoplifting increasing and vandalism down. Victim Services statistics identify a continuation of the significant increase that Victim Services has had in dealing with victims of crime in our community. Inspector Robinson then outlined the following statistics: 2^nd Quarter 2^nd Quarter 2004 2003 Assaults 97 80 Break & Enter 80 68 Thefts of Motor Vehicles 15 33 Thefts Under $5000 262 190 Other Criminal Code 392 319 Controlled Drugs & Substances 25 17 Community Policing are doing a remarkable job in Duncan with 103 businesses in the fan out program. This is very helpful for notifying the community of counterfeit money being circulated. Long-term financing for the Manager’s position is a major goal as well as recruiting more volunteers for Speed Watch. Cowichan Bay now has a Community Policing Office and it is proving to be a great assistance to the local RCMP. Inspector Robinson noted that there are no cadets available for this area until October leaving the detachment short several members. Mayor Coleman thanked Inspector Robinson for this report and the diligent work of his detachment and he left the meeting.
	Public & Statutory Hearing
330 & 340 Festubert Street – Development Variance Permit	His Worship Mayor Coleman advised the purpose of this Public Hearing was for Members of Council to hear all input regarding a proposed Development Variance Permit Application for 330 & 340 Festubert Street (Lot 9, Block 9, Section 17, Range 6, Quamichan District, Plan 1063 & Lot B, Block 9, Section 17, Range 6, Quamichan District, Plan VIP54167) and consider all facts presented. He asked the Deputy Clerk whether all legal advertising and notifications were duly fulfilled for the subject matter before this Public Hearing and was advised that the requirements of the Local Government Act and Community Charter were fully met. It was also noted there were no letters or other presentations received for this subject matter. Mayor Coleman noted the following: 1. The two subject lots being consolidated. 2. The developer being responsible for the costs of a new sidewalk, curb and gutter across the front of the new development. 3. The following Development Variances be allowed by Permit: a) Reduce the front-yard setback from 7.5 metres (24.6 feet) to 1.5 metres (4.9 feet). b) Reduce the side-yard setback for only 3.8 metres (12.5 feet) of the north side-yard from 1.5 metres (4.9 feet) to 0.0. metres. c) Provision of 23 rather than the required 26 parking stalls and the waiver of one loading zone subject to: · A covenant being registered on the title of 320 Festubert Street (also owned by Balbir Parhar) providing use of 2 parking stalls on this property for the development on 330 & 340 Festubert Street. · Payment by the developer of $24,000.00 for the shortfall of 3 parking stalls (i.e. 3 x $8,000). Mayor Coleman asked three times if anyone wished to speak to the subject matter. No one came forward.
Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 2, No. 1970, 2004 (80 Dwelling Units per Hectare of Land for 330 & 340 Festubert Street)	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT "Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 2, No. l970, 2004" be reconsidered, finally passed and adopted. Carried.
	Report of Deputy Chief Administrative Officer
Deputy Clerk's Report	The Deputy Clerk, Mark Frame, noted the following: · The traffic islands on Trunk Road are nearing completion. · The server and several computers were replaced last week at City Hall.
	Unfinished Business
Mining Our Parks	Movd. Councillor Geoff Maxwell Secd. Councillor Ken Newcomb THAT the letter dated July 27, 2004 from Premier Gordon Campbell in reply to our June 17, 2004 letter, regarding mining in our parks, be received, the contents noted and filed. Carried.
	Correspondence
5^th Annual Harvest Fair	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT Council authorize the Duncan United Church to stage a Harvest Fair on Ingram Street on September 18, 2004 (Saturday); AND THAT Ingram Street between Jubilee Street and the westerly boundary of 246 Ingram Street be closed to vehicular traffic from 6:00 a.m. to 4:00 p.m. on Saturday, September 18, 2004 for this purpose, subject to the following terms and conditions: Duncan United Church apprising the DBIA Society and all businesses in this block of the event. Duncan United Church holding harmless the City of Duncan from any and all possible public liability claims. Provision of insurance to a minimum of $2,000,000. per occurrence for this Harvest Fair with the City of Duncan being named "An Additional Insured Third Party"; Payment of a $300.00 deposit, which will be returned to the Church if the street and infrastructure are left in a clean and undamaged condition; AND THAT City barricades be provided to the organizers for this event. Carried.
Coast Salish “Welcome Figures”	For consideration was a letter dated July 13, 2004 from Simon Charlie. Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the letter dated July 13, 2004 from Simon Charlie requesting support for his Coast Salish “Welcome Figures” project be referred to the Totem Committee with a copy being forwarded to the Cowichan Valley Regional District Economic Development Commission. Carried.
BC Partnership for Responsible Gambling	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the letter dated July 13, 2004 from the Province of BC and the BC Lottery Corporation, wherein they advise that the Province of BC has formally adopted a responsible gambling strategy and commits $4 million annually to deliver problem gambling services and promote responsible gambling, be received, the contents noted and filed. Carried.
2010 Olympic Games and Paralympic Games – Sponsorship Dollars	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the letter dated July 14, 2004 from the Honourable John Les, Provincial Minister of Small Business and Economic Development, regarding the 2010 Olympic Games and Paralympic Games Sponsorship Dollars, be received, the contents noted and filed, noting that a copy of this letter has been faxed to the Cowichan Sportsplex and Cowichan Centre. Carried.
Fetal Alcohol Syndrome Awareness Day – September 9, 2004	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the Council of the City of Duncan proclaim September 9, 2004 as “Fetal Alcohol Syndrome Awareness Day” in the City of Duncan as requested in the July 19, 2004 letter from the Cowichan Valley FAS Society. Carried.
Smart Growth BC – BC Sprawl Report 2004	For consideration was a letter dated July 22, 2004 from Smart Growth BC. Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT Administration be directed to get more information on becoming a supporting Municipality of Smart Growth BC as requested in their letter dated July 22, 2004 and report back to Council. Carried.
Block Watch Program – Sign Requests	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT as requested in the July 27, 2004 letter from Cst. Jennifer Prunty, North Cowichan/Duncan RCMP - Crime Prevention – Community Policing Program, the Public Works Superintendent be instructed to install Block Watch signs on Holmesdale Street and First Street; AND THAT a copy of this letter be posted in the Foyer at City Hall; AND THAT a letter be sent to the Crime Prevention – Community Policing Division of the North Cowichan/Duncan RCMP confirming Council’ support of the Block Watch Program; AND THAT the July 27, 2004 letter from Cst. Prunty be referred to the Communications Committee. Carried.
First Chiropractic Clinic – Change in Street Parking Designations Request (439 St. Julian Street)	Movd. Councillor J. Farkas Secd. Councillor P. Kent THAT the letter dated July 28, 2004 from First Chiropractic clinic, 439 St. Julian Street, wherein they request a change in parking designations for St. Julian Street, be referred to the Planning & Priorities Committee. Carried.
Fabrications – Use of Kenneth Street and Liquor License Application – 20^th Anniversary Celebration	For consideration was a letter dated July 28, 2004 from Fabrications, 125 Kenneth Street. Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the letter dated July 28, 2004 from Fabrications, 125 Kenneth Street, wherein they request permission to erect a 10’ x 20’ marquis tent immediately off the sidewalk directly in front of 125 Kenneth Street from 3:00 p.m. to 9:30 p.m., September 16, 2004 to celebrate the 20^th anniversary of “Fabrications” and to apply for a liquor license for this event, be referred to the Public Works Committee with Power-to-Act. Carried.
Walk to Whistler Challenge – Fort St. John, BC	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the letter dated July 29, 2004 from Mayor Steve Thorlakson of Fort St. John, BC, regarding the “Walk to Whistler Challenge”, be received, the contents noted and filed; AND THAT a copy of this letter be forwarded to the Cowichan Sportsplex and the Cowichan Centre for their information. Carried.
Shriners of BC and Yukon 2005 Spring Ceremonial Parade	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the August 4, 2004 letter from the Cowichan Valley Shrine Club requesting permission to stage a parade on Saturday, May 14, 2005 on City Streets, be referred to the Downtown Business Improvement Area Society (DBIAS) and the Downtown Farmers’ Market Society for their comments prior to approval by City Council. Carried. Councillor Jackson dissenting.
	Reports of Committees, COTW & Commissions
	Finance Committee
Warrant No. 7 – 2004	Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT Warrant No. 07-2004 covering General Account cheque numbers 108432 – 108612 in the total amount of $1,485,211.68 - Payroll Account – Payroll #14 covering cheque numbers 3302 & Direct Deposits in the amount of 37,340.87 - Payroll #15 covering cheque numbers 3303 - 3316 & Direct Deposits in the amount of 44,117.26 GRAND TOTAL .. . . . $1,566,669.81 be ratified. Carried.
	Public Works Committee
	For consideration were the notes of the August 3, 2004 Public Works Committee Meeting.
Craig Street Revitalization	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT a maximum of $3,000. be expended for conceptual planning drawings for the revitalization of Craig Street; AND THAT a consultation process with adjacent property owners take place this Fall. Carried.
	Planning & Priorities Committee
	For consideration were the notes of the July 15, 2004 Planning & Priorities Committee meeting.
330 & 340 Festubert Street – Development Variance Permit	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT for the proposed development on Lot 9, Block 9, Section 17, Range 6, LD45, Plan VIP1063 (330 Festubert Street) and Lot B, Block 9, Section 17, Range 6, LD45, Plan VIP54167 (340 Festubert Street), Council agree as follows: 1. The two subject lots being consolidated. 2. The developer being responsible for the costs of a new sidewalk, curb and gutter across the front of the new development. 3. The following Development Variances be allowed by Permit: (a) Reduce the front-yard setback from 7.5 metres (24.6 feet) to 1.5 metres (4.9 feet). (b) Reduce the side-yard setback for only 3.8 metres (12.5 feet) of the north side-yard from 1.5 metres (4.9 feet) to 0.0. metres. (c) Provision of 23 rather than the required 26 parking stalls and the waiver of one loading zone subject to: · A covenant being registered on the title of 320 Festubert Street (also owned by Balbir Parhar) providing use of 2 parking stalls on this property for the development on 330 & 340 Festubert Street. · Payment by the developer of $24,000.00 for the shortfall of 3 parking stalls (3 x $8,000). Carried.
	For consideration were the notes of the August 3, 2004 Planning & Priorities Committee meeting.
Volunteer Cowichan – Renovations to City Hall Basement	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the renovations proposed by Volunteer Cowichan to the City Hall basement be approved to a maximum of $2,500. Carried.
Development Permit Application – 25 Craig Street	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT as recommended by the Planning and Priorities Committee, the Council of the City of Duncan authorize the issuance of a Development Permit for the proposed Craig Street Brew Pub at 25 Craig Street (Lot 1-2, Section 17, Range 6, Plan 2631, LD45). Carried.
Parking Advisory Committee	Movd. Councillor P. Kent Secd. Councillor S. Jackson WHEREAS Council monitors the effects of upcoming traffic changes to determine the impact on parking and determines if more land is required for off-street parking; THEREFORE City Council will examine better utilization of residential streets for parking, with areas adjacent to downtown being long-term commercial parking during the day and residential parking at night using a proper public input process. Carried. Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT Council consult with a way-finding expert to make recommendations for design and placement of directional signage for off-street parking. Carried.
	General Purposes Committee
	For consideration were the notes of the August 3, 2004 meeting.
Fresh Water Eco-Centre and Hatchery – Request for Decision	Movd. Councillor J. Farkas Secd. Councillor S. Jackson THAT a law firm specializing in municipal law be retained to research the statutory basis for the re-assessment of the Fresh Water Eco-Centre and Hatchery, and if justification is found, to appeal the 2004 supplementary assessment and the 2005 assessment in January 2005. Carried.
Building Statistics Report – July 2004	Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT the Building Statistics Report for July 2004, as presented, be received, the contents noted and filed. Carried.
	Boundary Study Committee
	For consideration were the notes of the July 26, 2004 Boundary Study Committee meeting. Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT the Council of the City of Duncan authorize a planning grant application to the Ministry of Community, Aboriginal and Women’s Services for a Boundary Extension Study. Carried Unanimously.
Miscellaneous	Councillor Kent reported on the following: · On July 21, 2004, he attended a Heritage Strategic Planning Process meeting with Facilitators Alastair Kerr and Rick Goodacre. It was very well attended and very informative. · He recently presented the Urban System Report to the DBIAS Board. The Board members were very pleased with the report and will get back to us in September after viewing the hard copy of this report. · He also recently presented this Report to the Rotary club of Duncan. It was very well received by the membership. · He recently attended the first meeting of the new Board of the BC Forest Discovery Centre. There are many new talented members dedicated to improving all aspects of the Centre.
	Councillor Farkas advised that she has attended several meetings recently with Norske Canada, Crofton Division, regarding their interest to burn alternative fuel sources. The $100,000 Peer Review Study results should be available in early October.
	On August 7, 2004, Councillor Maxwell attended a dinner at Just Jake’s Restaurant with members from the North American Indigenous Games Selection Committee and the Cowichan Tribes. The bidding competition is now between the City of Regina and Duncan (Cowichan). The Games will take place in 2008 over a 10-day period involving 10,000 people with venues from Nanaimo to Mill Bay.
	Mayor Coleman reported on the following items: · The Duncan-Cowichan Summer Festival recently staged in downtown Duncan was a huge success. · On July 22, he participated in a film clip promoting Duncan (Cowichan) for the North American Indigenous Games 2008 Bid Selection Committee. · On July 23, he attended the opening of the new United Way office at #300 - 394 Duncan Street. · On July 28, he attended the CVRD Board meeting and noted that the Community Policing Function should be in place before next year. Also, the CVRD will be monitoring the utilization of water from the Cowichan River as an Advisory Board to the Provincial and Federal Governments. · On July 31^st, he attended the Ladysmith Parade noting it was their 100^th Birthday. · On August 5, he and Councillor Kent attended a Boundary Structure informal meeting with CVRD Electoral Directors for the affected areas. · On August 7, he attended a lunch at Just Jake’s Restaurant with representatives from BC Hydro.
	Councillor Jackson reported that she attended the 2-day Cultural Expo on August 7 and was most impressed with the ethnic food and booths on display.
	Bylaws
Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004" be reconsidered, finally passed and adopted. Carried.
	Question Period
Questions from Council	On a question from Councillor Farkas, Mayor Coleman clarified that the Cowichan River Advisory Committee will be comprised of all members of the Cowichan Valley Regional District Board.
	New Business
476 Howard Avenue – Notice on Title	For consideration were the following: Letter dated July 16, 2004 to Iscor Development Ltd., owner of 476 Howard Avenue advising that a Notice of Title would be forthcoming unless the “No Building Permit” and “No Inspection” items were resolved. Memo dated July 16, 2004 from the Building Inspector. Inspection Report dated June 28, 2004 (Stop Work Order). Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT City Council authorize the placement of a “Notice on Title” for outstanding building permit and inspection issues for 476 Howard Avenue. Carried.
Special Council Meeting	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss personnel items; AND THAT persons other than Council Members and the Deputy Clerk be excluded from this meeting (Section 242.3 – Local Government Act). Carried.
	At 9:10 p.m., City Council resolved into Special Meeting. At 9:30 p.m., the following motion was put:
	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Special Meeting of City Council rise; AND THAT this meeting do now adjourn. Carried.
	Michael Coleman Mayor Mark Frame Deputy Clerk