The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 8:00 p.m., January 12, 2004.

 

Present:     Mayor Michael Coleman;

Councillors Mike Caljouw, Jenny Farkas, Sharon Jackson, Phil Kent, Geoff Maxwell and Ken Newcomb.

 

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. Caljouw

Secd. Councillor P. Kent

      THAT the minutes of the December 8, 2003 Regular Council meeting be adopted.

 

Carried.

 

 

Communications

 

Civil Liability Review

Movd. Councillor J. Farkas

Secd. Councillor S. Jackson

      THAT the items listed on the agenda and the recommendation regarding Civil Liability Review be referred to the General Purposes Committee.

Carried.

 

Councillors Caljouw, Newcomb and Maxwell dissenting.

 

Town Crier - 2003 Annual Report

Movd. Councillor G. Maxwell

Secd. Councillor K. Newcomb

 THAT the December 9, 2003 year-end report from Mr. Robert Alexander, Duncan's Official Town Crier, be received with much appreciation for a job-well-done;

     AND THAT his appointment as Town Crier for the City of Duncan be confirmed;

     AND THAT his expense claim of $218.13 be paid forthwith.

Carried.

 

BC Hydro - Rate Proposal and

Bill 85

Movd. Councillor P. Kent

Secd. Councillor K. Newcomb

      THAT the letter dated December 15, 2003 from BC Hydro, regarding a rate proposal, and the letter dated December 15, 2003 from the BC Citizens for Public Power, requesting a resolution opposing Bill 85, be received, the contents noted and filed.

Carried.

Councillor Jackson dissenting.

 

Somenos Basin Roundtable Forum

Movd. Councillor K. Newcomb

Secd. Councillor G. Maxwell

     THAT the letter dated December 18, 2003 from the Somenos Basin Committee, regarding a Roundtable Forum scheduled for 1:00 p.m., January 28, 2004, be received, the contents noted and filed.

Carried.

Councillor Maxwell advised that he is unavailable to attend this January 28 meeting and encouraged other members of Council to attend.

 

BC Transit - New Community Partnerships Initiative

Movd. Councillor P. Kent

Secd. Councillor M. Caljouw

     THAT the letter dated December 22, 2003 from BC Transit, regarding new Community Partnerships Initiative, be received, the contents noted and filed.

Carried.

 

Immigration in Smaller Communities

Movd. Councillor P. Kent

Secd. Councillor M. Caljouw

     THAT the letter dated December 22, 2003 from the Minister of Community, Aboriginal and Women's Services, regarding immigration as a tool to support development in smaller communities, be received, the contents noted and filed.

Carried.

 

 

The Administrator was asked to obtain comments from the Cowichan Valley Intercultural & Immigrant Aid Society on the Minister's letter and attachment.

 

It was also suggested that Councillor Jackson apprise the Race Relations Committee of this initiative.

 

EnerGuide for Houses

Movd. Councillor P. Kent

Secd. Councillor G. Maxwell

      THAT the letter dated December 12, 2003 from Natural Resources Canada, regarding a new grant initiative entitled "EnerGuide for Houses", be received, the contents noted and filed.

Carried.

 

The Administrator was asked to obtain the comments of the Cowichan Green Community regarding this program.

 

It was also suggested that this information be forwarded to the Duncan Manor Board of Directors and that the program be mentioned in the next City newsletter.

 

Film Cowichan Executive Committee

Movd. Councillor M. Caljouw

Secd. Councillor K. Newcomb

     THAT the Council of the City of Duncan appoint Councillor Geoff Maxwell to the Film Cowichan Executive Committee as requested in the January 7, 2004 e-mail from the Cowichan Economic Development Commission.

 

Carried.

 

 

 

Reports of Standing Committees

 

 

 Public Works Committee

 

 

For consideration were the notes of the December 15, 2003 meeting.

 

Valley Seniors Organization – Exit onto Government Street

Movd. Councillor G. Maxwell

Secd. Councillor M. Caljouw

      THAT Council advise the Valley Seniors Organization (VSO) that the raised sidewalk at the east-side of the exit from the VSO complex roadway was installed to protect pedestrians wishing to cross Government Street in the cross-walk at this location (reference November 14, 2003 letter from the VSO);

      AND THAT the VSO be further advised that centerline painting at the egress/ingress of the VSO roadway in the Spring of 2004 should assist drivers in positioning their vehicles correctly to make the right-turn onto Government Street safely when exiting the VSO roadway.

Carried.

 

 

 Planning & Priorities Committee

 

Strategic Planning Process

Councillor Kent reminded all members of Council regarding the 7:30 p.m., January 29, 2004 meeting of the Planning & Priorities Committee to discuss the strategic planning process.

 

 

 

 Parks & Recreation Committee

 

 

For consideration were the notes of the December 15 meeting.

 

715 Watson Road– Cottonwood Tree

Movd. Councillor M. Caljouw

Secd. Councillor G. Maxwell

     THAT as recommended by the Public Works Superintendent and Libra Tree Service, the black cottonwood tree on public property on the west-side of 715 Watson Road be removed and replaced with a more suitable species of tree.

Carried.

 

128 Campbell Place – Cottonwood Tree

Movd. Councillor M. Caljouw

Secd. Councillor S. Jackson

     THAT as recommended by the Public Works Superintendent and Libra Tree Service Ltd., the remaining live cottonwood tree, which leans toward 128 Campbell Place and is within striking distance of this property, be removed at a cost of $210.00 plus GST.

Carried.

 

 

 General Purposes Committee

 

 

For consideration were the notes of the January 5, 2004 meeting.

 

City Solicitor Services

Movd. Councillor G. Maxwell

Secd. Councillor M. Caljouw

      THAT Council confirm the appointment of R. Brian McDaniel of McDaniel & Tillie as City Solicitor for 2004, 2005 and 2006.

Carried.

 

 

Reports of Special Committees

 

Building Statistics Report – December 2003

Movd. Councillor G. Maxwell

Secd. Councillor K. Newcomb

     THAT the Building Statistics Report for December 2003, as prepared by the Building Inspector, be received, the contents noted and filed.

Carried.

 

Andy Bigg Celebration of Life

Councillor Jackson reported that Mayor Coleman, herself and Mr. Douville attended the January 10, 2004 Celebration of Life following the recent passing of Any Bigg. She said it was a very moving event with many great stories being told.

 

Mayor Coleman indicated that the family was very pleased with the representation from City Council.

 

 

Unfinished Business

 

Duncan Court House Parking Lot

Movd. Councillor G. Maxwell

Secd. Councillor S. Jackson

      THAT the letter dated December 15, 2003 from Devon Properties Ltd., regarding Duncan Court House parking lot, be received, the contents noted and filed.

Carried.

 

TimberWest Sale of Land to Cowichan Tribes

Movd. Councillor G. Maxwell

Secd. Councillor P. Kent

     THAT the Joint Press Release received December 16, 2003 from the Cowichan Tribes and TimberWest, regarding the sale of land to Cowichan Tribes (previously proposed for an Outdoor Rec Park) be received, the contents noted and filed.

Carried.

 

Green Streets Canada Application Form

Movd. Councillor J. Farkas

Secd. Councillor S. Jackson

      WHEREAS the Tree Canada Foundation's Green Streets Canada program provides financial assistance to municipalities for tree programs in urban areas;

      AND WHEREAS Green Streets Canada requires municipal Council to commit to an urban forestry program that will enhance the Corporation's existing program, foster community involvement and enhance public awareness of the benefits of trees;

      AND WHEREAS the City has detailed an enhanced urban forestry program that, with funding assistance from Green Streets Canada, will see urban forestry activities in the City of Duncan increase;

      AND WHEREAS the application for Green Streets Canada requires written consent from the Mayor and Council endorsement;

      THEREFORE BE IN RESOLVED THAT Council affirms commitment to Green Streets Canada, thereby confirming that municipal funding will be available, if our application to Green Streets Canada is successful, as outlined in our application.

Carried.

 

Significant Projects Act – Legal Action

Movd. Councillor G. Maxwell

Secd. Councillor K. Newcomb

      THAT the letter dated December 18, 2003 from the Mayor of the City of Burnaby, regarding possible legal action opposing Bill 75 – Significant Projects Streamlining Act, be received, the contents noted and filed.

 

Carried.

 

Smart Zoning – Smart Development Project Application

For consideration were the following items:

 

  • E-mail dated January 7, 2004 from Chris Hall, District of North Cowichan Planner
  • Proposed "Smart Zoning – Smart Development Project Application" re: "Working Towards Uniform Zoning Bylaws" (City of Duncan, District of North Cowichan, Town of Ladysmith and Town of Lake Cowichan)

 

Movd. Councillor S. Jackson

Secd. Councillor K. Newcomb

     THAT the Council of the City of Duncan agree to participate in the "Smart Zoning – Smart Development Project Application" to the Ministry of Community, Aboriginal & Women's Services (Smart Development Partnership);

     AND THAT Council provide a $1,000.00 contribution in addition to staff "in-kind" contributions for this project.

Carried.

 

131 McKinstry Road

- Development Variance Permit

Movd. Councillor G. Maxwell

Secd. Councillor P. Kent

      THAT the following five (5) resolutions be adopted:

·                 THAT for the proposed development at 131 McKinstry Road, the front yard setback (from Al Wilson Road) be reduced from 7.5 metres (24.6 ft.) to 3.15 metres (10.3 ft.);

    AND THAT the fence on this boundary be 1.8 metres (6 ft.) in height (i.e. 1.2 metres (4 ft.) of solid fence plus .6 metres (2 ft.) of lattice);

    AND THAT this fence be setback 1.5 metres (5 ft.) from the south edge of the storm sewer easement (note: McKinstry Holdings Ltd. owns the property on which the easement is defined);

    AND THAT the proposed trees be on the public side of this fence;

    AND THAT ongoing maintenance of the landscaping outside of this fence be the responsibility of the property owner.

 

·             THAT for the proposed development at 131 McKinstry Road, the side exterior setback from McKinstry Road be reduced from 4.5 metres (14.7 ft.) to 3.05 metres (10 ft.);

     AND THAT the proposed fence between the dwelling units fronting McKinstry Road and the short section at the north-end of this frontage be a maximum of 1.2 metres (4 ft.) in height.

 

  •      THAT for the proposed development at 131 McKinstry Road, the rear yard setback from the north property line be reduced from 7.5 metres (24.6 ft.) to 4.88 metres (16 ft.);

     AND THAT the proposed fence along this boundary be 1.8 metres (6 ft.) in height (i.e. 1.2 metres (4 ft.) of solid fence plus .6 metres (2 ft.) of lattice).

 

  •      THAT for the proposed development at 131 McKinstry Road, 5 of the 36 parking spaces be permitted to be 4.57 metres (15 ft.) in length rather than the required length of 5.8 metres (19 ft.).

 

  •      THAT all of the proposed variances for the proposed development at 131 McKinstry Road be subject to:

 

-         A fire hydrant being placed on the inside of the fence as required by the Fire Chief.

-         The developer being responsible for sidewalks, curbs and gutters, including any landscaping around the road frontages of the development.

-         Complete and detailed landscaping and fencing plans being submitted for approval at the Building Permit stage.

 

Carried.

 

 
New Business

 

Community Policing Volunteer Coordinator

Councillor Kent noted that there is a shortfall of approximately $35,000 to continue the function of the Community Policing Volunteer Coordinator from June through December 2004. He said they now have 76 new trained volunteers providing the services of the Community Policing office and are in the process of training many more. Funding will be needed by March of 2004.

 

 

Movd. Councillor P. Kent

Secd. Councillor K. Newcomb

     THAT the Council of the City of Duncan request the CVRD Board of Directors to have the designated Committee meet at an early date to consider a request for funding for the Community Policing Volunteer Coordinator;

     AND THAT Council advise the District of North Cowichan of their willingness to participate financially in this function.

 

Carried.

 

 

Movd. Councillor P. Kent

Secd. Councillor G. Maxwell

     THAT the subject of financing for the Community Policing Volunteer Coordinator be referred to the Finance Committee.

Carried.

 

Special Council Meeting

Movd. Councillor G. Maxwell

Secd. Councillor K. Newcomb

      THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss negotiation and personnel issues;

      AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 – Local Government Act).

Carried.

 

 

At 8:40 p.m., City Council resolved into Special Meeting.

 

At 9:40 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 of City Council do now adjourn.

Carried.

 

 

 

                                                                                      

 

Michael Coleman

Mayor

 

                                          

Paul Douville

City Administrator