File 0540-30-0003
CITY OF POWELL RIVER
COMMITTEE OF THE WHOLE MEETING
TUESDAY, APRIL 17, 2018 (3:30 PM)
COUNCIL CHAMBERS, CITY HALL
AGENDA
1. ADOPTION OF AGENDA
2. ADOPTION OF MINUTES
2.1 Minutes of the Regular Committee of the Whole meeting 4 - 11 held April 3, 2018
3. DELEGATIONS
3.1 Andrew Bryant regarding A Possible Resolution of Agricultural Land Reserve Woes
4. CORRESPONDENCE
4.1 Letter dated March 21, 2018 from Powell River Chamber 12 of Commerce regarding Lack of Support for Local Business
4.2 Letter dated April 9, 2018 from The Royal Canadian 13 Legion Powell River Branch No. 164 regarding Candle Light Tribute on May 5, 2018 and request City of Powell River provide Bus Transportation
5. REPORTS
5.1 Report dated April 17, 2018 from the Director of 14 - 17 Infrastructure Services regarding Selection of Conveyance Route from Westview to the new Consolidated Wastewater Treatment Plant
5.2 Report dated April 17, 2018 from the Manager of 18 - 31 Economic Development regarding Lease of Beach Hut Premises Staff recommend report be referred to Council April 19, 2018
5.3 Report dated April 17, 2018 from the Director of Parks, 32 - 37 Recreation and Culture regarding Dog Park Shelter
5.4 Report dated April 17, 2018 from the Senior Planner 38 - 46 regarding Zoning Amendment 86 - 7345 Warner Street
5.5 Report dated April 17, 2018 from the Director of 47 - 69 Planning Services regarding Development Permit 215 – Proposal to Construct a 34 Unit Affordable Rental Housing Facility for Seniors 55 Plus (Powell River Sunset Homes Society)
5.6 Report dated April 17, 2018 from the City Clerk 70 - 84 regarding Property Maintenance and Standards Bylaw Review; Addition of Nuisance Vegetation Bylaw Provisions
5.7 Verbal Report from the City Clerk regarding Former Inn at Westview - Remedial Action Requirement
5.8 Community Engagement Reports - Councillors
5.9 Youth Council Report - Councillor Leishman • Bus Pass Lottery • Gender Neutral Washrooms
5.10 Action List 85 - 95
6. UNFINISHED BUSINESS
7. NEW BUSINESS
8. MOTION TO GO IN CAMERA
Recommendation: That following adjournment of this meeting, Council move in camera to discuss matters covered by the Community Charter under
Page 2 of 95 Sections: • 90(1)(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; • 90(1) (c) labour relations or other employee relations; • 90(1) (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; • 90(1) (n) the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2).
9. QUESTIONS
10. ADJOURNMENT
Page 3 of 95 DRAFT APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
CITY OF POWELL RIVER
Minutes of the Committee of the Whole Meeting held in the Council Chambers, City Hall on Tuesday, April 3, 2018 at 3:30 PM.
PRESENT: Councillor K.G. Skadsheim, Chair Mayor D.J. Formosa Councillor R.G.W. Brewer Councillor M.J. Hathaway Councillor C.A. Leishman (arrived via teleconference at 3:34 pm) Councillor J.G. Palm Councillor R.R.D. Southcott
ALSO PRESENT: Mac Fraser, Chief Administrative Officer Chris Jackson, City Clerk/Recording Secretary Tor Birtig, Director of Infrastructure Services Jason Gow, Senior Planner Ray Boogaards, Director of Parks, Recreation and Culture Neil Pukesh, Manager of Recreation Thomas Knight, Director of Planning Services Members of the Public Media Representatives
1. ADOPTION OF AGENDA Moved and seconded that the agenda for the April 3, 2018 Committee of the Whole meeting be adopted. CARRIED
2. ADOPTION OF MINUTES 2.1 Minutes of Regular Committee of the Whole meeting held March 13, 2018 Moved and seconded that the minutes of the Regular Committee of the Whole meeting held March 13, 2018 be adopted. CARRIED
3. DELEGATIONS 3.1 Pat Clark regarding Three Vehicle Accidents as a Result of Hazardous Road Conditions on Harvie Street
Pat Clark appeared before Council to provide a presentation regarding three vehicle accidents as a result of hazardous road conditions on Harvie Avenue.
Page 4 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
By unanimous consent, staff was directed to investigate options for reducing speeds along Harvie Street, near Quality Foods, including speedbumps and roundabouts, and report back to Council at a future meeting.
3.2 Jill Ehgoetz, Rotary Club of Powell River regarding Art Installation at the Powell River Public Library
Jill Ehgoetz, Rotary Club of Powell River appeared before Council to provide a presentation regarding the Art Installation at the Powell River Public Library.
By unanimous consent, installation of the Rotary Club's proposed tree frog art installation outside the Powell River Public Library be referred to the April 19, 2018 Council meeting.
3.3 Fraser Field, Powell River Pro-life Society regarding Flag Display at Willingdon Beach on June 16, 2018
Fraser Field, Powell River Pro-life Society appeared before Council regarding set up of a flag display at the Loggers sports area of Willingdon Beach Park. Mr. Field was encouraged to work with staff on use of the public facilities and rentals.
3.4 Lesley Armstrong regarding "Scope Change" defined by the BC Ministry of the Environment
Lesley Armstrong appeared before Council and read a prepared statement regarding "Scope Change" as defined by the Ministry of the Environment. Ms. Armstrong submitted the letter.
3.5 Stephen Miller regarding Public Consultation and Why It Is Important for Residents to Have a Voice
Stephen Miller appeared before Council and read a prepared statement and provided a presentation regarding Public Consultation and Why It Is Important for Residents to Have a Voice. A copy of the presentation was submitted at the meeting.
3.6 Will Van Delft, Townsite Ratepayers Association regarding Streetscaping in the Historic Townsite Village Centre
Will Van Delft, Townsite Ratepayers Association appeared before Council to provide a presentation in support of correspondence included on the Agenda regarding Streetscaping in the Historic Townsite Village Centre.
Page 5 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
By unanimous consent: Direction for staff to send a letter of support to assist Townsite Ratepayers Association with grant proposals; and that staff review the proposal and provide a report on options to assist with implementation.
4. CORRESPONDENCE 4.1 Correspondence dated March 9, 2018 from Townsite Ratepayers Association regarding Review of Public Consultation Process - Wastewater Treatment Plant
By unanimous consent: staff was directed to respond to Townsite Ratepayers Association thanking them for a copy of the letter dated January 28, 2018 addressed to Minister Heyman regarding public consultation for Stage 3 Liquid Waste Management Plan and advise that the City will also wait for Minister Heyman's response; and staff was directed to review the letter regarding Section 21 Incorporation Act. 4.2 Letter dated February 27, 2018 from Donovan Edwards, Director of Sante Veritas Therapeutics Inc. regarding Recommendations to Regulate Marijuana Dispensaries
By unanimous consent: the letter dated February 27, 2018 from Donovan Edwards, Director of Sante Veritas Therapeutics Inc. regarding Recommendations to Regulate Marijuana Dispensaries was received; and Mayor Formosa will respond to Mr. Edwards. 4.3 Letter dated March 9, 2018 from BC Honours and Awards regarding Order of British Columbia - 2018 Call for Nominations
By unanimous consent, staff was directed to prepare a media release to post on social media and to the City website to promote the opportunity for nominations for the BC Honours and Awards - Order of British Columbia.
5. REPORTS 5.1 Report dated April 3, 2018 from the Director of Infrastructure Services regarding Addition of Phase IV Cycling Infrastructure to Contract 2320- 20-2148
By unanimous consent, the report dated April 3, 2018 from the Director of Infrastructure Services regarding Addition of Phase IV Cycling Infrastructure to Contract 2320-20-2148 was referred to April 19, 2018 Council meeting.
5.2 Report dated April 3, 2018 from the Manager of Recreation regarding
Page 6 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
Liquor License Expansion - Hap Parker Arena
Mayor Formosa declared a conflict of interest in this matter as he has a liquor license at the Shingle Mill and left the meeting at 4:59 pm. Councillor Skadsheim declared a conflict of interest in this matter as she is involved with liquor licensing at the Red Lion Pub and left the meeting at 4:59 pm.
Councillor Southcott assumed the Chair.
By unanimous consent, the report dated April 3, 2018 from the Manager of Recreation regarding Liquor License Expansion - Hap Parker Arena was referred to the April 19, 2018 Council meeting.
Councillor Skadsheim and Mayor Formosa returned to the meeting at 5:13 pm and Councillor Skadsheim re-assumed the Chair.
5.3 Report dated April 3, 2018 from the Manager of Recreation regarding Jumpstart Accessibility Grant
By unanimous consent, the report dated April 3, 2018 from the Manager of Recreation regarding Jumpstart Accessibility Grant was referred to the April 19, 2018 Council meeting.
5.4 Report dated April 3, 2018 from the Director of Planning Services regarding Proposed Strata Conversion of an Existing Two-Storey Commercial Building
Councillor Leishman declared a conflict of interest in this matter as she works for the company proposing the development and left the meeting at 5:30 pm.
By unanimous consent, the report dated April 3, 2018 from the Director of Planning Services regarding Proposed Strata Conversion of an Existing Two- Storey Commercial Building was referred to the April 19, 2018 Council meeting.
Councillor Leishman returned to the meeting at 5:39 pm.
5.5 Report dated April 3, 2018 from the Senior Planner regarding Zoning Amendment 84 – Westview at Joyce Avenue
By unanimous consent: the report dated April 3, 2018 from the Senior Planner regarding Zoning Amendment 84 – Westview at Joyce Avenue was referred to the April 19, 2018 Council meeting; and staff was directed to undertake a traffic study along the Joyce Avenue
Page 7 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
corridor from Lytton to Duncan streets within the context of known and potential future development. 5.6 Report dated April 3, 2018 from the Senior Planner regarding Zoning Amendment 83 – 4313 Alberta Avenue
Councillor Leishman declared a conflict of interest in this matter as she works for the proponent and left the meeting at 6:03 pm.
By unanimous consent the report dated April 3, 2018 from the Senior Planner regarding Zoning Amendment 83 – 4313 Alberta Avenue was referred to the April 19, 2018 Council meeting.
The meeting recessed at 6:20 pm and reconvened at 6:31 pm.
The Senior Planner commented on rental intent advising he will follow up with the applicant.
Councillor Leishman returned to the meeting at 6:35 pm.
5.7 Report dated April 3, 2018 from the Director of Planning Services regarding Zoning and Official Community Plan Amendment 82 - 4090 Westview Avenue
By unanimous consent the report dated April 3, 2018 from the Director of Planning Services regarding Zoning and Official Community Plan Amendment 82 - 4090 Westview Avenue was referred to the April 19, 2018 Council meeting.
5.8 Report dated April 3, 2018 from the Senior Planner regarding Development Variance Permit 210 – Vacant Bowness Avenue
Councillor Leishman declared a conflict of interest for the next two matters: Item 5.8 - her employer is the proponent; Item 5.9 - she worked on the project and left the meeting at 7:08 pm.
Moved and seconded that staff be directed to give notice in accordance with Section 499 of the Local Government Act of Council’s intention to consider at the Council meeting to be held on April 19, 2018, issuance of Development Variance Permit 210 to vary City of Powell River Zoning Bylaw 2100, 2006,by relaxing the minimum rear setback requirements of the RM1 Zone from 7.5m to 5.5m and waiving the stipulated driveway length provisions under clause 6.1.6 for a vacant property located along Bowness Avenue legally described as Lot 2 District Lot 5103 NWD GP1 Plan EPP72045 (PID 026-294-931). CARRIED 5.9 Memorandum dated April 3, 2018 from the Director of Planning Services regarding Receipt of Agricultural Land Commission Decision
Page 8 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
Mayor Formosa declared a conflict of interest in this matter as he is one of the owners of the subject subdivision and left the meeting at 7:14 pm.
By unanimous consent staff was directed to work with Agricultural Land Commission Compliance and Enforcement Office and provide a report with ideas and options that demonstrate good faith and proactively address ALC non-compliance, including but not limited to: offering other lands for inclusion; community gardens within the loop, and limiting access to the loop for emergency vehicles.
Mayor Formosa and Councillor Leishman returned to the meeting at 7:35 pm.
5.10 Report dated April 3, 2018 from the City Clerk regarding Property Maintenance and Standards Bylaw Review
By unanimous consent the report dated April 3, 2018 from the City Clerk regarding Property Maintenance and Standards Bylaw Review was referred to the April 19, 2018 Council meeting, with direction to provide a report with draft bylaw revised to include nuisance vegetation regulations to the next Committee of the Whole meeting.
5.11 Verbal Report from the City Clerk regarding Former Inn at Westview - Remedial Action Requirement
Councillor Leishman declared a conflict of interest in this matter as her brother's company maintains a service agreement with Seaboard Hotels and left the meeting at 7:56 pm.
The City Clerk gave a verbal report regarding the building known as the Former Inn at Westview and provided an update of the Remedial Action Requirement.
Councillor Leishman returned to the meeting at 8:00 pm.
5.12 Community Engagement Reports - Councillors
Councillor Hathaway reported on: PREP meeting on poverty reduction - March 20; Overdose Awareness group meeting.
By unanimous consent staff was directed to prepare a news release regarding the dangers of inhaling compressed or ‘canned’ air with name brands such as ‘Dust-Off’; and, to send letters to local stores who may sell these products requesting that they do not sell to children and consider moving the products to secure areas in the store.
Page 9 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
Councillor Brewer reported on: Community Futures meeting - March 20; Challenge from Mayor of Prince George to our Mayor regarding a hockey competition.
Councillor Southcott reported on: new ambulance and community paramedic position. 5.13 Action List
The Action List dated March 29, 2018 was reviewed. By unanimous consent, the following comments/direction was given to staff: Item 10 - Report - Local Government Regulation of Cannabis: The Chief Administrative Officer noted that the first meeting will happen in April; Item 28 - Regional Social Advisory Committee: Tla'amin Nation input forthcoming. C3 meeting was cancelled; Items 35 and 36: Consolidate Item 39 - Deleted as done; Item 59 - Manager of Economic Development working on a report for the May Committee of the Whole meeting.
6. UNFINISHED BUSINESS
7. NEW BUSINESS
8. MOTION TO GO IN CAMERA Moved and seconded that following adjournment of this regular meeting, Council move in camera to discuss a land matter, and solicitor advice and that the meeting be closed to the public on the grounds that the subject matters to be considered relate to matters covered by the Community Charter under Sections:
90(1) (e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality; 90(1) (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 90(1) (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; 90(1) (n) the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2).
CARRIED
Page 10 of 95 APRIL 3, 2018 Committee of the Whole Meeting Minutes File 0540-30-0005
9. QUESTIONS 9.1 Prior to adjournment the Chair received questions from the media and public regarding the following agenda items: Consultation regarding the Wastewater Treatment Plant.
10. ADJOURNMENT Moved and seconded that the meeting adjourn at 8:39 pm. CARRIED CERTIFIED CORRECT: Chris Jackson City Clerk
The next regular Committee of the Whole meeting will be held at 3:30 pm on April 17, 2018.
Page 11 of 95 Mayor, Council, CAO, CC, DCC,Dir. Infr., File No: 0230-20-0004 Man. Ec.Dev. To be included on April 17 COTW Agenda
6807 Wharf Street, Cory Carr, President Powell River, B.C. V8A 1T9 Kim Miller, Manager Phone: 604-485-4051 [email protected] www.powellriverchamber.com
City of Powell River March 21, 2018
Dear Mayor Formosa and Council:
It is with genuine concern for the well-being of our community that this letter is forthcoming from the Powell River Chamber of Commerce.
Recently, a company located in Alberta requested business contact information from our Chamber office for any road engineers and road builders in the area; this information was to assist them in a possible job they would be undertaking in the Powell River area.
Our Chamber Manager first approached the City for a list of applicable businesses that provide these types of services, with the intent of giving the Alberta company as many contacts as possible. City staff responded to the request by sending names and contact information for three (3) contractors located on Vancouver Island.
Fortunately, our manager did more research and found there were at least six (6) LOCAL contractors as well as two (2) based on Texada Island. She then provided this info to the Alberta company.
The Chamber Board of Directors is unanimous in condemning this lack of support for local business by City staff since, more than anything, we need to experience the backing and endorsement of our community leaders, resources and personnel.
We expect that his matter will be taken seriously since future ramifications for this kind of non- local support are far reaching.
Cory Carr Linda Wegner President Communications
Page 12 of 95 ,?&,; ^ ^/o.^ .&<= ^ \ ' o-lX.o- ol &C<2 ./A.
//^ex. u.6 E'w'c or- <-^ /t 1^ ^ .. ^ ^X /A . /^/^ THE ROYAL CANADIAN LEGION
Powell River Branch No. 164 6811 Alexander Street, Powell River, B.C. V8A 2A9 Phone: (604)485-4870 Fax: (604)485-5484
April 9, 2018
Mayor and Council The City ofPowell River 69 lODuncan Street Powell River, B.C. V8A 1V4
Dear Mayor and Council,
The Powell River, Branch #164, of The Royal Canadian Legion will be holding a Candle Light Tribute on May 5, 2018 to honour our veterans who are interred in the Cranberry Cemetery. We are in the process of organizing this event and we will be involving the Cadet Corps and the Veterans in this area.
We are writing to ask if the City could provide a bus to transport some of the veterans from Branch 164 to the Cemetery for the lighting of the candles and the traditional ceremony. We will transport these Veterans back to the Legion for a dinner and some entertainment.
If available, the Mayor and councilors will also be invited to attend this very moving ceremony at our local Cemetery.
Although we will not be holding a ceremony at Holy Cross Cemetery (Kelly Creek), there will be candles placed out there as well.
Please feel free to contact me at (604) 485-5176 if you require any further information.
Yours respectfully,
V7^^.ol^ ^f".., fn
Karen Crashley, Secretary, Branch 164
ec. Chris Jackson, City Clerk
OF
Page 13 of 95 CITY OF POWELL RIVER REPORT
File No. 4820-20-0090 2320-20-2136
DATE: April 17, 2018
TO: Mayor and Council
FROM: Tor Birtig, Director of Infrastructure Services
SUBJECT: Selection of Conveyance Route from Westview to the new Consolidated Wastewater Treatment Plant
RECOMMENDATION: That Council selects the Willingdon Beach Trail as the route for conveyance infrastructure from Westview to the new Consolidated Wastewater Treatment Plant (CWWTP).
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation Mac Fraser, CAO MF/eb
ORIGIN/PURPOSE: To proceed to the detailed design phase of conveyance infrastructure through selection of the preferred route from Westview to the new Consolidated WWTP.
BACKGROUND: At its February 2, 2017 meeting Council approved the purchase of two ten-acre lots for siting of the new CWWTP:
Res 17-22 Moved and seconded that the Land Transfer Agreement between the Powell River Waterfront Development Corporation, PRSC Limited Partnership, by its General Partner PRSC Land Developments Ltd., and the City of Powell River acquiring two 10-acre parcels of land for the purpose of the new Waste Water Treatment Plant be received for information; and
that the funds to acquire both parcels, totaling up to $575,000, be funded from the Sewer Infrastructure Reserve; and
that the 2017 Financial Plan reflect the purchase of these lands being sourced from the Sewer Infrastructure Reserve.
The land transfer to the City was completed on June 16, 2017.
Page 14 of 95 Route Selection for Conveyance to Wastewater Treatment Plant 2 of 4 April 17, 2018 ______At its February 15, 2018 meeting, Council confirmed the location for the CWWTP and made a selection from the three treatment technology options for the detailed design of the project:
Res 18-17 Moved and seconded that Council confirms the location of the new Consolidated Treatment Plant on Lot A, near the existing Townsite Treatment Plant.
Res 18-19 Moved and seconded that Council select Option 2 – High Efficiency Biological Treatment Process as the approved treatment process for the detailed design of the new Consolidated Waste Water Treatment Plant.
Now that the location and process have been confirmed by Council, the next step is the design of conveyance infrastructure to the CWWTP. The delivery route from the Wildwood Lagoon was established along Highway 101 to the intersection of Cedar Street in the Townsite where the new system will tie into the existing Townsite system.
Consulting engineers have determined that there are two route options for transmission from Westview to the Townsite location. A selection by Council of the preferred route is required for design finalization.
STRATEGIC PRIORITY: Strategic Community Priority: Sustainability – the City will be a leader in increasing community environmental, social/cultural and economic sustainability
Strategic Corporate Priority: Asset Management – the City will follow best practices in asset management and seek to maximize capital utilization and stewardship
EXISTING POLICY: Liquid Waste Management Plan Stage 1 - 2001 Liquid Waste Management Plan Stage 2 - 2005 Liquid Waste Management Plan Stage 3 – conditionally approved 2016
ANALYSIS AND IMPACT: The City has identified two alignments from the Westview WWTP to the new Consolidated WWTP: the Willingdon Beach Trail and the Marine Avenue alignment. Both alignments share the following:
• North Harbour Pump Station located at the west end of Courtenay Street. • Alexander Pump Station located at the west end of Alexander Street. • A 400 mm HDPE forcemain on Courtenay Street, and Willingdon Ave from Courtenay Street to Alexander Street. • A 450 mm HDPE forcemain on Willingdon Avenue from Alexander Street to Marine Avenue. • A 450 mm HDPE forcemain on Marine Avenue from Willingdon Avenue to Campsite 13 • A 450 mm HDPE forcemain from the Haul Road North to the new Townsite WWTP via old railway grade and established trails.
The Willingdon Beach Trail alignment would require:
• A 450 mm HDPE DR 26 main through the Willingdon Beach Campsite from Campsite 13 to Campsite 18.
Page 15 of 95 Route Selection for Conveyance to Wastewater Treatment Plant 3 of 4 April 17, 2018 ______• A 450 mm HDPE DR 26 main directionally drilled from Campsite 18 to the Willingdon Beach Trail. • A 450 mm HDPE DR 26 main on the Willingdon Beach Trail including a 600 mm dia by 12mm thick steel pipe bridge adjacent to the existing pedestrian trestle bridge.
The Marine Avenue alignment would require:
• A 450 mm HDPE DR 17 main on Marine Avenue from Campsite 13 to the Haul Road. • A 450 mm HDPE DR 17 main on the Haul Road from Marine Avenue to the old railway grade heading north of the Haul road.
Willingdon Beach Trail Conveyance:
An Environmental Impact study has been completed which indicates that the installation of the force main along the Willingdon Beach Trail alignment can be accomplished with very little impact to the environment and without causing any material change to the trail. An archeological review has also been completed with no issues identified. The Archeologist has uncovered many interesting archeological finds in the project area and will be presenting them in a report later this year.
Residents have raised concerns about protecting the Willingdon Beach Trail, making sure the trail is not destroyed and that the trees, and in particular the tree roots, along the trial are protected and preserved. This has been taken into consideration by the project team.
The Willingdon Beach Trail was constructed many years ago as a rail system to move logs to the mill site. This swath of land is essentially free of trees and relatively free of roots. Since it is not an active roadway, it is possible to install the 450 mm (18 inch) diameter pipeline in a relatively shallow trench (+/- 0.5 m of cover), with minimal disturbance to trees and root systems.
A professional arborist is working closely with the city and engineers to develop construction methods that would strictly limit disturbance to the tree roots. The arborist has identified 15 trees along the route that may have some portion of their root systems extending into the trail. A ground penetrating radar unit has been used to provide 3D images of these root systems. Trenchless technologies for pipeline installation such as directional drilling as well as manual excavation are being considered for these sections of the trail.
The intention for the trail is to leave it in as good or better condition than when the project started. Staff are reviewing different ways of enhancing the trail with pubic amenities such as a better walking surface, benches, viewing platforms, different forms of lighting, as well as First Nations and Pulp Mill educational viewing areas.
Marine Avenue Conveyance:
The Marine Avenue conveyance route would begin at the McGuffie Creek crossing and continue along the highway road dedication to the haul road, then adjacent to the haul road to the Willingdon Beach Trail intersection, then northward to the CWWTP. Public amenities are not appropriate along this route.
FINANCIAL IMPACT:
Page 16 of 95 Route Selection for Conveyance to Wastewater Treatment Plant 4 of 4 April 17, 2018 ______A class C cost estimate for capital costs was prepared, including a 30% general contingency, as well as a review of the operations and maintenance (O&M) costs of each alignment for a period of one year and fifteen years. Present day electrical rates are used for costing, future rates are unknown and would affect the 15 years estimates.
Estimated Capital and Electrical Costs Comparison Conveyance Alignment Capital Cost Electrical Cost - 1 Electrical Cost Estimate year + Pump Replacement (based on 2040 15 years flows) Willingdon Beach Trail $6.20 million $32,100 $712,000 Marine Avenue $6.21 million $122,100 $2.28 million
The capital costs for the installation of the Marine Avenue routing option is only slightly more than the Willingdon Beach option, but with respect to O&M costs, the Marine Avenue conveyance routing will require much larger pumps and additional hydro electrical costs. The Willingdon Beach option would require two 34 Horsepower pumps for the Alexander pump station and three 60 Hp pumps for the North Harbour pump station, while the Marine Avenue option would be serviced by 105 Hp and 250 Hp pumps respectively. These costs would be borne solely by City taxpayers as O&M costs are not eligible for grant funding.
STAFF TIME/INPUT: Staff spent an estimated five hours preparing this report.
PUBLIC CONSULTATION: The project team and city staff will coordinate ongoing public engagement relating to this project.
OPTIONS: 1. That Council select the Willingdon Beach Trail as the route for conveyance infrastructure from Westview to the new Consolidated Wastewater Treatment Plant. 2. Other
Respectfully submitted,
Tor Birtig, A.Sc.T., Director of Infrastructure
TB/nm
Page 17 of 95 CITY OF POWELL RIVER REPORT
File No. 2380-20-1132
DATE: April 17, 2018
TO: Mayor and Council
FROM: Scott Randolph, Manager of Economic Development
SUBJECT: Lease of Beach Hut Premises
RECOMMENDATION: That Council approve the new lease for the Beach Hut premises with Rodees Trucking Ltd. for the term of January 1, 2018 through to December 31, 2020.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation. Mac Fraser, CAO
ORIGIN/PURPOSE: A number of minor changes were made to the terms of the lease with Rodees Trucking Ltd (original lease agreement renewed for a 5 year term in April 2017), as a result the amended lease has been brought back to Mayor and Council for approval. BACKGROUND: In April 2017 the City authorized a 5 year extension for the Beach Hut Lease with the rates to be reviewed after one year. Also at the time of the extension requests for permission to seek a license to sell alcohol and build a deck on the back of the building were denied.
The City conducted a market analysis of lease rates in the municipality and found that the current rate for the Beach Hut of $600 per month was in line with what would be charged for similar properties.
While in discussion with the Tenants there was a request to amend language pertaining to hours of operation, and the length of the operating season.
STRATEGIC PRIORITY: Economic Revitalization: The City will facilitate promote and develop community economic resiliency and vibrancy.
EXISTING POLICY: Agreement to Renew Lease Agreement: The Powell River Beach Hut (April 10, 2017) Lease Agreement between Skator Holdings Ltd. and Rodees Trucking Ltd. and City of Powell River (July 14, 2016)
Page 18 of 95 Lease of Beach Hut 2 of 2 April 17, 2018 ______ANALYSIS AND IMPACT: Rodees Trucking Ltd had requested to change a few items in the Lease agreement pertaining to hours of operation, days of operation, and the lease payment period (operating season): Remove references to the number of days per week that the business must operate Remove references to the number of hours per day that the business must operate Change the Rent payment terms to be $600 per from May 1st to August 31st and pro- rated on a daily basis from September 1st onward.
Staff felt that the requested changes were reasonable as it was not necessary for the City to dictate when the business should be open nor put it in a position where it might experience a loss in revenues.
It was also decided to draft a new and clean lease agreement with Rodees Trucking Ltd. rather than amend the Renewal Agreement of 2017 and original Lease Agreement of 2016.
FINANCIAL IMPACT: The City will receive $600 per month during the operating period for the use of the premises. The City will not be responsible for leasehold improvements or utility costs.
STAFF TIME/INPUT: Staff has spent approximately 5+ hours working on this file.
PUBLIC CONSULTATION: None at this time. A notice of disposition will have to be advertised if Council approves the new lease agreement.
OPTIONS: 1. That Council approve the new lease agreement for the Beach Hut premises with Rodees Trucking Ltd for the term of January 1, 2018 to December 31, 2020. 2. That Council not approve the Lease Agreement 3. That Council give Staff other direction on this matter.
Respectfully submitted,
Scott Randolph Manager of Economic Development
Initials SR/
Attachment: Lease Agreement with Rodees Trucking Ltd for Beach Hut
Page 19 of 95 Rodees Trucking Ltd. Building Lease 01 January 2018 to 31 December 2021 Page 1 of 12
LEASE
THIS LEASE dated for reference the 01 day of January, 2018 is
BETWEEN
CITY OF POWELL RIVER, a municipal corporation incorporated under the Local Government Act (British Columbia) and having an address of 6910 Duncan Street, Powell River, BC V8A 1V4
(“Landlord”)
AND
RODEES TRUCKING LTD. Commented [1]: Check spelling and / or whether or not they a British Columbia company having a place of business at are duly registered in the Province of British Columbia. 4835 Marine Avenue, Powell River, BC V8A 5T3 What is their business address? This is the address to the Beach Hut. Should be different for notification purposes. ("Tenant")
GIVEN THAT:
a) The Landlord is the registered owner in fee simple of the land in the City of Powell River, British Columbia, legally described as:
Lot A, District Lot 450, Block 43, New Westminster, Group 1, Plan 8096 ("Land")
and the Landlord owns the building located on the Land at 4835 Marine Avenue ("Building").
b) The Tenant wishes to lease the Building only and the Landlord wishes to grant a lease of the Building to the Tenant, on the terms and conditions set out in this agreement.
THIS AGREEMENT is evidence that in consideration of the mutual promises contained in this agreement and other good and valuable consideration paid by each of the parties to the other (the receipt and sufficiency of which each party acknowledges), the parties covenant and agree as follows:
1. Lease - The Landlord leases to the Tenant the Building, shown as the shaded area on Schedule "A" ("Lease Area") for the Term, on the terms and conditions of this Lease and for the purposes set out in this Lease.
2. Term - The term of this Lease is for a period of three (3) years, beginning on 01 January 2018 and expiring on 31 December 2020 subject to earlier termination pursuant to the terms of this Lease ("Term").
3. Rent - The Tenant must pay the Landlord rent in the amount of SIX HUNDRED DOLLARS ($600.00) per month plus GST monthly in advance on the first day of the month pursuant to the payment schedule described at Schedule “B” (“Rent”) and as described below:
{00459426; 1 }
Page 20 of 95 Rodees Trucking Ltd. Building Lease 01 January 2018 to 31 December 2021 Page 2 of 12
a. For greater clarity, the Tenant is responsible for paying the Landlord Rent for the duration of the Lease only during the Tenant’s period of operations, which extends between May 1st and the end of the Labour Day long weekend in September (“Period of Operations”).
b. Outside of the Period of Operations, the Tenant must pay the Landlord Rent of $600 plus GST pro-rated to the number of days the Tenant occupies or uses the Lease Area.
4. Renewal - This Lease shall be renewed for one (1) additional three (3) year term, such renewal effective on the date the Term would otherwise end, if all of the following conditions have been fulfilled;
a. In the event the Tenant wishes to renew, and PROVIDED it is not in default hereunder, the Tenant shall give notice to the Landlord not less than sixty (60) days prior to the expiration of the Term of its intent to renew and upon the giving of such notice, the Lease shall be automatically renewed for a further period of three (3) years upon the same terms and conditions as this Lease, save and except as to rent, which rent shall be at fair market value. Failing agreement by the Landlord and the Tenant within thirty (30) DAYS of date for renewal as to such rent, rent shall be set by arbitration by a single arbitrator under the provisions of the commercial Arbitration Act. Until such rent is established, rent shall continue at the Rent in effect immediately prior to expiry of the prior Term. b. This Lease has not been terminated under section 28. c. If this Agreement is renewed under this section, the Term shall be extended by three (3) years, the word "Rent" shall, for the period of renewal, be deemed to mean the rent set by the Landlord under this section and all other provisions of the Lease shall continue to apply unchanged.
5. Purpose - The Tenant must only use and occupy the Lease Area for the purpose of operating a food concession business during the Period of Operation.
6. Tenant's Covenants - The Tenant covenants and agrees:
a. not to permit any alcoholic liquor to be consumed on or sold from the premises b. to promptly pay the Rent when due; c. to provide all equipment, furnishings and supplies that may be required to use the Building for the purposes of this Lease; d. not to do, suffer or permit anything that may be or become a nuisance or annoyance in, on or from the Building or on or from the Land to the owners, occupiers or users of adjoining lands or to the public, including the accumulation of rubbish or unused personal property of any kind; e. not to do, suffer or permit any act or neglect that may in any manner directly or indirectly cause injury to the Building or to any fixtures or appurtenances thereon; f. to pay all costs and expenses of any kind whatsoever associated with the Lease Area, including without limitation, permit and license fees, repair and maintenance costs, administration and service fees, telephone, electrical, cable, oil, gas, taxes, water, sewage disposal, and garbage disposal;
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g. to pay to the Landlord all good and services taxes which may be payable in respect of this Lease; h. to repair and maintain the interior of the Building and Land and all fixtures and appurtenances thereon in a safe, clean and sanitary condition and to take all reasonable precautions to ensure the safety of all persons using the Lease Area; i. to keep the areas immediately adjacent to the Lease Area free of any rubbish and debris originating from the Lease Area; j. to carry on and conduct its activities on the Land and in, on and from the Lease Area in compliance with any and all laws, statutes, enactments, bylaws, regulations and orders from time to time in force and to obtain all required approvals and permits thereunder and not to do or omit to do anything in, on or from the Lease Area or on or from the Land in contravention thereof; k. not to erect any sign on the exterior of, or visible from outside, the Building or on the Land, without the prior written consent of the Landlord; l. to promptly discharge any builders' lien which may be filed against the title to the Land relating to any improvements, work or construction that the Tenant undertakes on the Land and to comply at all times with the Builders Lien Act (British Columbia) in respect of any improvements, work or construction undertaken on the Land; m. to provide the Landlord with at least one (1) months’ notice in writing of the closing of their operations for the year; n. upon closing of operations for the year, the Tenant will arrange to hand over the keys of the Lease Area to the Landlord until the following year’s Period of Operations;
7. Net Lease - Without limiting any other provisions in this Lease, the Tenant agrees that this Lease is absolutely net to the Landlord and the Tenant must promptly pay when due on its own account and without any variation, set-off, or deduction all amounts, charges, costs, duties, expenses, fees, levies, rates, sums and taxes and increases in any way relating to the Land and that to the extent any such amounts remain unpaid after they come due, such amounts shall be deemed as Rent and may be collected by the Landlord as Rent.
8. Lease Not In Registerable Form - The Tenant acknowledges and agrees that the Landlord is under no obligation to at any time deliver this Lease or any instrument creating this Lease to the Tenant in a form registerable under the Land Title Act (British Columbia).
a. In the event that the Tenant shall require this Lease to be registered in the Land Title Office, the Tenant shall bear all costs of registration including, without limiting the generality of the foregoing, all solicitor's fees and disbursements to put this Lease into registerable form, Land Title Office registration fees and plan or survey fees. b. The Landlord will upon request by the Tenant co-operate and sign any documentation reasonably required to enable registration.
9. Tenant's Representations and Warranties - The Tenant represents and warrants that the Tenant:
a. has the power and capacity to enter into and carry out the obligations under this Lease; and
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b. has completed all necessary resolutions and other preconditions to the validity of this Lease. c. There are no representations, warranties, guarantees, promises or agreements made in respect of the Premises other than those set out in this Lease. Without restricting the foregoing the Tenant alone is responsible for any environmental or other studies to be made or undertaken or required by the Tenant or his lender or any other party in respect of use of or lease of the Premises and the Landlord makes no warranties, guarantees, promises or agreements in respect of same.
10. Routine Repair and Maintenance - The Tenant must keep the Lease Area, and all fixtures and appurtenances thereon, in good repair consistent with standards of repair generally accepted in British Columbia with respect to comparable premises and, the Tenant is responsible for and must do all routine maintenance and repairs with respect to the Lease Area necessary for the Tenant's use, occupation and operation of the Lease Area and upon written notice from the Landlord, the Tenant must make such repairs as are required by the Landlord in the notice. At the end of the Term, the Tenant must surrender the Lease Area to the Landlord in good repair, excepting reasonable wear and tear.
11. Tenant Alterations - The Tenant must not make any improvements, extensions, installations, alterations, additions or renovations to the Lease Area, or alter the existing state of the Lease Area In any way, without the prior written consent of the Landlord. If the Landlord gives such consent, the Tenant must obtain the Landlord's prior approval of drawings and specifications for such work, must do such work strictly in accordance with the approved drawings and specifications and must comply with any conditions the Landlord imposes with that approval.
12. Minimum Work Standards - The Tenant must ensure that any repairs or work with respect to the Lease Area done by or on behalf of the Tenant pursuant to sections 10 or 11:
a. do not affect any structural or foundation elements of the Building; b. meet or exceed the standards of materials and construction employed in the original construction of the Building; and c. comply with at applicable laws, statutes, enactments, regulations, bylaws and orders from time to time in force, including the applicable building code and bylaws of the City of Powell River.
13. Insurance Requirements - the Tenant must, at its sole expense, obtain and maintain during the Term:
a. Comprehensive general liability insurance providing coverage for death, bodily injury, property loss and damage, and all other losses, arising out of or in connection with the operations, use and occupation of the Lease Area, Building and the Land in an amount of not less than two million dollars ($2,000,000) per occurrence; b. "all risks" insurance, for replacement cost, on the Lease Area and all of the Tenant's fixtures and personal property relative the Lease Area; and c. any other form or forms of insurance that the Landlord may reasonably require from time to time in amounts and for perils against which a prudent tenant acting reasonably would protect itself in similar circumstances,
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14. Insurance Policies - All policies of insurance required to be taken out by the Tenant must be with companies satisfactory to the Landlord and must:
a. name the Landlord as an additional named insured; b. be in an amount not less than $2,000,000 per occurrence; c. include that the Landlord is protected notwithstanding any act, neglect or misrepresentation by the Tenant which might otherwise result in the avoidance of a claim and that such policies are not affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the insureds; d. be issued by an insurance company entitled to carry on the business of insurance under the laws of British Columbia; e. be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord is in excess coverage; f. not be cancelled without the insurer providing the Landlord with thirty (30) clear days written notice stating when such cancellation is to be effective; g. be maintained for a period of twelve (12) months per occurrence; h. not include a deductible greater than two thousand ($2,000) per occurrence; i. be on other terms acceptable to the Landlord, acting reasonably.
15. Insurance Certificates - The Tenant must obtain all required insurance at its sole expense and must provide the Landlord with certificates of insurance confirming the placement and maintenance of the insurance, promptly after a request to do so by the Landlord.
16. Landlord May Insure - If the Tenant fails to insure as required, the Landlord may, after thirty (30) days’ notice to the Tenant, effect the insurance in the name and at the expense of the Tenant and the Tenant must promptly repay the Landlord all costs reasonably incurred by the Landlord in doing so, and such costs shall be deemed Rent and may be collected by the Landlord as Rent. For clarity, the Landlord has no obligation to insure the Building during the Term or any obligation to repair any improvements thereon.
17. Fire Insurance - The Landlord shall maintain fire insurance on the Lease Area.
18. Quite Possession - The Landlord covenants and agrees with the Tenant to permit the Tenant, so long as the Tenant is not in default of the Tenant's obligations under this Lease, to peaceably possess and enjoy the Lease Area for the Term, without interference or disturbance from the Landlord or those claiming by, from or under the Landlord except for the Landlord's rights of inspection under section 22 of this Lease.
19. Additional Rights of the Landlord - The Landlord reserves the right to, from time to time, grant licenses, rights of way, easements and other rights and privileges to third parties on, over, under, through, above or across the Land, including with respect to the Lease Area, provided that such privileges do not substantially impair the Tenant's rights under this Lease, and the Tenant agrees to execute such further instruments as may be necessary to give such privileges priority over this Lease.
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20. Indemnity - The Tenant indemnifies and saves harmless the Landlord and its elected and appointed officials, officers, employees, agents, successors and assigns, from any and all liabilities, actions, damages claims, losses, costs and expenses whatsoever (including without limitation, the full amount of all legal fees, costs, charges and expenses whatsoever) in any way directly or indirectly arising from the occupation, activities or action of the Tenant on or from the Land or in, on or from the Lease Area or anything done or not done or maintained by the Tenant.
21. Survival of Indemnities - The obligations of the Tenant under section 20 survive the expiry or termination of this Lease.
22. Permission to Enter - The Landlord or its authorized representative may enter the Lease Area at all reasonable times for the purposes of inspection of the Lease Area.
23. Improvements - The kitchen exhaust from the ceiling to the roof is the property of the Landlord.
24. Ownership of Improvements at Termination - At the expiration of the Term or earlier termination of this Lease, any improvements, extension, installations, alterations, renovations or additions to the Lease Area, whether done by or on behalf of the Tenant or not, are forfeited to and become the permanent property of the Landlord.
25. Equipment - All equipment used and stored for the operation of the food concession on the premises is the property of the Tenant and the Tenant is at liberty to remove said equipment upon the termination of this lease.
26. Sate of Improvements at Termination - If the Tenant fails to leave the Lease Area in a condition required by this Lease, the Landlord may remedy the condition on behalf of the Tenant and the Tenant must promptly, on demand, compensate the Landlord for all costs incurred by the Landlord.
27. Assignment or Sublease - The Tenant must not assign the Tenant's interest in this Lease or sublet the Lease Area or any part of the Lease Area without the prior written consent of the Landlord, nor may the Tenant charge, mortgage or encumber or purport to charge, mortgage or encumber the Tenant's interest in the Lease Area or this Lease without the prior written consent of the Landlord, such consent by the Landlord shall not be unreasonably withheld. If the Landlord consents to a sublease of the Lease Area or any part of the Lease Area, the Landlord may grant such approval on condition that the Tenant and the proposed sublease execute a sublease agreement in a form satisfactory to the Landlord.
28. Termination –
a. The Lease may be terminated by the Tenant for any reason or without cause upon six (6) months’ written notice; or b. The Lease terminates upon the expiration of the Term, subject to the exercise of a right of renewal.
29. Termination Due to Default - If and whenever :
a. The Term or any of the goods or chattels in the Leased Area are at any time seized or taken in execution or attachment by any creditor of the Tenant or under bill of sale of chattel mortgage;
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b. A writ of execution issues against the goods and chattels of the Tenant; c. The Tenant makes any assignment for the benefit of creditors or becomes insolvent or bankrupt; d. Proceedings are begun to wind up the Tenant; e. The Tenant is in default in the payment of Rent or any other amount payable under this Lease and the default continues for thirty (30) days after written notice by the Landlord to the Tenant; f. The Leased Area, or any part of it, is destroyed or damaged by any cause so that in the opinion of the Landlord the Leased Area is no longer reasonably fit for use by the Tenant for the purposes set out in this Lease for any period of time in excess of sixty (60) days; g. the Tenant does not fully observe, perform and keep each and every term, covenant, agreement, stipulation, obligation, condition and provision of this Lease to be observed, performed and kept by the Tenant, and persists in such default for thirty (30) days after written notice by the Landlord; or h. the Tenant vacates or abandons the Lease Area or uses or permits or suffers the use of the Lease Area for any purpose other than the purposes permitted by this Lease, and such default persists for five (5) days after written notice by the Landlord.
then the Landlord may, at its option, terminate this Lease and the Term then becomes immediately forfeited and void and the Tenant must immediately cease all use and occupation of the Lease Area and must vacate and deliver up possession of the Lease Area and the Landlord may without notice or any form of legal process and without any adherence to public law duties or procedural fairness or the principles of natural justice, forthwith re-enter the Lease Area and repossess and enjoy the same.
30. Holding Over - If the Tenant continues to occupy the Lease Area with the written consent of the Landlord after the expiration of the Term or earlier termination of this Lease, then, without any further written agreement, the Tenant shall be a monthly lessee paying monthly rent in an amount determined by the Landlord and subject always to the other provisions in this Lease insofar as the same are applicable to a month to month tenancy and a tenancy from year to year shall not be created by implication of law, and nothing shall preclude the Landlord from taking action for recovery of possession of the Lease Area.
31. Distress - If and whenever the Tenant is in default of the payment of any money, including Rent, whether expressly reserved by this Lease or deemed as Rent, the Landlord may with notice or any form of legal process whatsoever, enter the Lease Area and seize, remove and sell the Tenant's goods, chattels and equipment at any place to which the Tenant or any other person may have removed them in same manner as if they had remained and been distrained in the Lease Area, notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress.
32. Remedies Cumulative - No reference to or exercise of any specific right or remedy by the Landlord prejudices or precludes the Landlord from any other remedy, whether allowed at law or in equity or expressly provided for in this Lease. No such remedy is exclusive or dependent upon any other such remedy, but the Landlord may from time to time exercise any one or more of such remedies independently or in combination, without limiting the generality of the foregoing, the
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Landlord is entitled to commence and maintain an action against the Tenant to collect any Rent not paid when due, without exercising the option to terminate this Lease.
33. No Joint Venture - Nothing contained in this Lease creates the relationship of principal and agent or of partnership, joint venture or business enterprise or entity between the parties or gives the Tenant any power or authority to bind the Landlord in any way.
34. Interpretation - In this Lease:
a. a reference to the singular includes a reference to the plural and vice versa, unless the context requires otherwise; b. a particular numbered section or lettered Schedule is a reference to the correspondingly numbered section or lettered Schedule of this Lease; c. an "enactment" Is a reference to an enactment as that term is defined in the Interpretation Act (British Columbia) of the day this Lease is made; d. any enactment is a reference to that enactment as amended, revised, consolidated or replaced; e. section headings are inserted for ease of reference and are not to be used in interpreting this Lease; f. a party is a reference to a party to this Lease; g. time is of the essence; h. where the word "including" is followed by a list, the contents of the list shall not circumscribe the generality of the expression immediately preceding the word "including"; and i. a reference to a party is deemed to include the heirs, executors, administrators, successors, assigns, servants, employees, agents, contractors, elected and appointed officials, officers, directors, licensees and invitees of such party where the context so requires and allows.
35. Notices - Where any notices, request, direction or other communication (any of which is a "Notice") must be given or made by a party under the Lease, it must be in writing and is effective if delivered in person, or sent by registered mail addressed to the party for whom it is intended at the address set forth above in the Lease as the case may be, provided that any Notice to the Landlord must be to the attention of the City Clerk. Any Notice is deemed to have been given if delivered in person, when delivered; if by registered mail, when the postal receipt is acknowledged by the other party. The address of a party may be changed by notice in the manner set out in this provision.
36. No Effect on Laws or Powers - Nothing contained or implied herein prejudices or affects the Landlord's rights and powers in the exercise of its functions pursuant to the Local Government Act (British Columbia) or its rights and powers under any enactment to the extent the same are applicable to the Land or the Lease Area, all of which may be fully and effectively exercised in relation to the Land or the Lease Area as if this Lease had not been fully executed and delivered.
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37. Landlord Discretion - Wherever in this Lease the approval or consent of the Landlord is required, some act or thing is to be done to the Landlord's satisfaction, the Landlord is entitled to form an opinion, or the Landlord is given the sole discretion;
a. the relevant provision is not deemed to have been fulfilled or waived unless the approval, consent, opinion or expression of satisfaction is in writing signed by the Landlord or its authorized representative; b. the approval, consent, opinion or satisfaction is in the discretion of the Landlord, acting reasonably; c. any discretion of the Landlord is not subject to public law duties and the principles of procedural fairness and the rules of natural justice have no application; and d. the sole discretion of the Landlord is deemed to be the sole, absolute and unfettered discretion of the Landlord.
38. Severance - If any portion of this Lease is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid will not affect the validity of the remainder of the Lease.
39. No Public Law Duty - whenever in this Lease the Landlord is required or entitled at its discretion to consider granting any consent or approval, or is entitled to exercise any option to determine any matter, or to take any action or remedy including, without limiting the generality of the foregoing, the termination of this Lease and the reentering of the Lease Area, the Landlord may do so in accordance with the contractual provision of this Lease and no public law duty of procedural fairness or principle of natural justice shall have any application.
40. Building on Successors - This Lease is to the benefit of and is binding upon the parties and their respective successors and assigns, notwithstanding any rule of law or equity to the contrary.
41. Law of British Columbia - This Lease must be construed according to the laws of the Province of British Columbia.
42. Whole Agreement - the provisions in this Lease constitute the whole of the agreement between the parties and supersede all previous communications, representations, warranties, covenants and agreements, whether verbal or written, between the parties with respect to the subject matter of the Lease.
43. Waiver or Non-Action - Waiver by the Landlord of any breach of any term, covenant or condition of this Lease by the Tenant must not be deemed to be a waiver of any subsequent default by the Tenant. Failure by the Landlord to take any action in respect of any breach of any term, covenant or condition of this Lease by the Tenant must not be deemed to be a waiver of such term, covenant or condition.
44. Time of the Essence - Time is of the essence of this Lease.
As evidence of their agreement to be bound by the above terms, the Landlord and the Tenant each have executed this Lease on the respective dates written below:
------SIGNATURES ON NEXT PAGE------
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CITY OF POWELL RIVER by its authorized signatories:
Name, Position Date
Name, Position Date
RODEES TRUCKING LTD. by its authorized signatories:
Name, Position Date
Name, Position Date
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Schedule “A”
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Schedule “B”
The following payment schedule describes the Rent to be paid during each year of the Term of the Lease.
Year 1 (2018)
May 1st $600
June 1st $600
July 1st $600
August 1st $600
September 1st $600 plus GST pro-rated to the number of days used that month
Year 2 (2019)
May 1st $600
June 1st $600
July 1st $600
August 1st $600
September 1st $600 plus GST pro-rated to the number of days used that month
Year 3 (2020)
May 1st $600
June 1st $600
July 1st $600
August 1st $600
September 1st $600 plus GST pro-rated to the number of days used that month
{00459426; 1 } Page 31 of 95 CITY OF POWELL RIVER REPORT
File No. 0360-01
DATE: April 17, 2018
TO: Mayor and Council
FROM: Ray Boogaards, Director of Parks, Recreation and Culture
SUBJECT: Dog Park Shelter
RECOMMENDATION: That Council accept with thanks the donated material and construction of the dog park shelter by the Rotary Clubs of Powell River. And further that the required concrete floor for this project be installed by the City of Powell River and that funding be made available through the parks division 2018 operating budget for up to $1,600.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
Chris Jackson, Deputy CAO CJ:eb ORIGIN/PURPOSE: In Councils Action list #38 staff where directed to work with Ms. McCausland and return to the Committee of the Whole with a report for the construction of a shelter at the dog park funded through the Rotary Clubs of Powell River.
BACKGROUND: At the February 13, 2018 Committee of the Whole meeting Stacey McCausland in conjunction with the Rotary Clubs of Powell River made a presentation to the Committee of the Whole requesting Council approval for the Rotary Clubs to purchase materials and construct a shelter in the existing dog park.
STRATEGIC PRIORITY: The following of Councils Strategic Community and Corporate Priorities are impacted because of this report dealing with the installation of a Shelter at the Dog Park.
Strategic Community Priorities Social Planning and Action - The City will work collaboratively will all parties to enhance community social objectives and needs; and Community Engagement - The City will facilitate the community being informed and involved in local matters and initiatives.
Page 32 of 95 Dog Park Shelter 2 of 3 April 17, 2018 ______Strategic Corporate Priorities Financial Resiliency - The City will strive towards long-term financial sustainability and best practices in internal processes; Asset Management - The City will follow best practices in asset management and seek to maximize capital utilization and stewardship; and Regional Recreation - The City will facilitate, encourage and provide enhanced recreational services in the region;
EXISTING POLICY: The following policies are impacted through the request by the Rotary Clubs of Powell River to purchase and install a shelter at the dog park. These include Policy #209 Volunteer Policy which includes a process for the approval and management of volunteer projects in the community. The following sections of the volunteer policy apply to this project: 1. An individual or group approaches the municipality and offers to undertake a task, without remuneration which results in a benefit to the community at large. 2. Municipal resources may be used as part of a volunteer project at the Department Head’s discretion. 3. Projects may involve work that municipal crews would not normally undertake.
The other city policy effected by this project is Policy #201 that deals with Donations and Gifts of money to the City with a value of $5,000 or more are only to be accepted with the explicit approval of Mayor and Council.
ANALYSIS AND IMPACT: The existing dog park was constructed in 2016 with basic amenities. Since that time staff have received several comments from parks users about how they liked the park as well at times made suggestion on what they would like to see the city include in the park. One such recommendation was through the Powell River Rotary Club for the installation of a shelter at the dog park. This request came forward as an observation from Ms. McCausland working with the Powell River Rotary Club concerning the large number of seniors using the dog park and having to stand in the inclement weather while their pets participated at the site.
In researching the city polices effected by this project staff wish to bring two City policies that must be considered before approval is granted. These policies include policy # 209 addressing volunteers and policy #201 dealing with donations.
Policy #209, managers are to work with the CUPE Union 798 to ensure that City staff are not impacted by volunteers completing work traditionally completed by City staff. The Union requested the Director meet with the Supervisor of the Civic Properties to determine if Rotary volunteers completing the installation of the shelter will impact the work traditionally completed by them. Because of the timing of this project it was determined that the City had insufficient staffing at that time of year to complete the shelter construction but would be interested in completing the required concrete work. For that reason, it was agreed that, should this project be approved by Council, the City will complete the required concrete work for this project and fund it through the Parks Division 2018 operating budget while the Powell River Rotary Club would purchase the material and construct the shelter. The President of CUPE Local 798 has agreed with proceeding with this project based on these terms.
In Policy #201 dealing with Donation all donations of material or cash over $5,000 must be approved by Council.
Page 33 of 95 Dog Park Shelter 3 of 3 April 17, 2018 ______FINANCIAL IMPACT: The total cost of the material required to construct the shelter is over $5,000. Once constructed like all other City assets there will be on-going maintenance required. These costs will be minimal in the first ten years. The City’s cost to construct the concrete floor will be up to $1,600.00. This funding will be paid for through the 2018 parks operational budget.
STAFF TIME/INPUT: 3 hours
PUBLIC CONSULTATION: A presentation to the Committee of the Whole was held on February 13, 2018.
OPTIONS:
1. That Council accept with thanks the donated material and construction of the dog park shelter by the Powell River Rotary Clubs. And further that the required concrete floor for this project be installed by the City of Powell River and that funding be made available through the parks division 2018 operating budget for up to $1,600. 2. That Council not approve the construction of the dog park shelter by the Powell River Rotary Club. 3. That Council provide an alternate recommendation for staff.
Respectfully submitted,
Ray Boogaards Director of Parks, Recreation and Culture
RB:nr Attachment(s): Policy # 201 Donations of Gifts and Money Policy Policy # 209 Volunteer Policy
Page 34 of 95 Attachment 1
CITY OF POWELL RIVER
COUNCIL POLICY 201
FINANCIAL SERVICES DONATIONS
1. Donations or gifts of money to the City with a value of up to $5,000 are only to be accepted with the explicit approval of the Chief Administrative Officer and the applicable Department Head or designate.
2. Donations or gifts of money to the City with a value of $5,000 or more are only to be accepted with the explicit approval of Mayor and Council.
3. Donations or gifts of land are only to be accepted with the explicit approval of Mayor and Council.
4. Donations or gifts of money to the City are not to be accepted where conditions are attached to the donation which would create an unacceptable obligation for the City.
Adopted: June 8, 2004 Amended: January 30, 2007 Amended: July 16, 2015
Page 35 of 95 Attachment 2
DISTRICT OF POWELL RIVER
COUNCIL POLICY #209
ADMINISTRATION
VOLUNTEER POLICY
Purpose: To provide a process for the approval and management of volunteer projects in the community.
Volunteer Project Definition: An individual or group approaches the municipality and offers to undertake a task, without remuneration, which results in a benefit to the community at large. Projects considered under this policy will involve a labour component. Provision of materials, equipment, finished products, etc., to the municipality will be considered under Council Policy #201 - Donations. Municipal resources may be used as part of a volunteer project at the Department Head’s discretion. Projects may involve work that municipal crews would not normally undertake. Smaller projects through which the municipality solicits volunteers, or educational projects, do not need to follow the procedure outlined in this policy. These projects may be approved by the Department Head with the Union’s endorsement. Smaller projects (less than $1,000 in labour) do not need to follow the procedure outlined in this policy, and may be approved by the Department Head with the Union’s endorsement.
Procedure: 1. A written proposal for any volunteer project must be forwarded to the respective Department Head. The proposal will include the full scope of the project, the individual(s) performing the volunteer service, previous volunteer projects (if applicable) and the benefit to the municipality.
2. The Department Head will conduct research in preparation for a report to Council. The report will include any immediate and ongoing financial considerations, environmental impacts, safety and/or liability concerns, and any potential legal issues. The Department Head will also solicit Union endorsement and commentary (in writing) for inclusion in the report.
3. A report is forwarded to Council. Council either approves or denies the proposed volunteer project.
Page 36 of 95 Council Policy #209 Page 2 of 2
4. If Council denies the proposal, the volunteer(s) will be advised in writing, and the process is complete.
5. If Council approves the project, the Department Head will then arrange a meeting with the volunteer(s) and all appropriate municipal staff. No work on the project will commence until a written project schedule has been agreed to by both parties. The agreement will include all safety and applicable code issues, and will designate lead representatives for both the municipality and the volunteer(s). The Union will be provided a copy of the project schedule and advised of the designated lead representatives.
6. Volunteer(s) must agree to be forthcoming with all information required to assist the municipality with any ongoing maintenance upon completion of the project.
7. The volunteer(s) will advise the Department Head once the project is complete. The Department Head will advise Council and the Union that the project has been completed.
Adopted 28 June 2005
Page 37 of 95 CITY OF POWELL RIVER REPORT
File Nos. 3360-20-0086 3900-20-2505
DATE: April 17, 2018
TO: Mayor and Council
FROM: Jason Gow, Senior Planner
SUBJECT: Zoning Amendment 86 – 7345 Warner Street
RECOMMENDATION:
That City of Powell River Zoning Bylaw 2100, 2006, Amendment Bylaw 2505, 2018, be read a first and second time;
That City of Powell River Zoning Bylaw 2100, 2006, Amendment Bylaw 2505, 2018, proceed to Public Hearing and that staff be directed to schedule the Public Hearing and give notice in accordance with Section 466 of the Local Government Act; and,
That the applicant be requested to make a voluntary community amenity contribution to the affordable housing reserve fund.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
Mac Fraser, CAO MF:eb
ORIGIN/PURPOSE: To consider an application to rezone the property located at 7345 Warner Street in the neighbourhood of Cranberry to facilitate a 2-lot subdivision.
BACKGROUND: The City has received an application to amend City of Powell River Zoning Bylaw 2100, 2006 (Zoning Bylaw) as it relates to the property located at 7345 Warner Street. The owner has requested to rezone their property from A1 (Small Lot Rural Residential) to R2 (Single and Two Family Residential). The purpose of the application is to facilitate a 2-lot subdivision of the property. The subject property is legally described as Lot 9 District Lot 5732 Plan 6302 (PID 010-962-522). Attached to this report as Appendices A and B are a
Page 38 of 95 ZA 86 – 7345 Warner Street 2 of 4 April 17, 2018 locator map and orthographic image that illustrate the property and surrounding neighbourhood.
STRATEGIC PRIORITY: Consideration to amend the zoning of this property aligns with the City's 2016 - 2018 Corporate Plan: Strategic Corporate Priority #5, Community Planning.
EXISTING POLICY: In City of Powell River Sustainable Official Community Plan Bylaw No. 2370, 2014, (SOCP) the subject property has a land use designation of Suburban Residential. The intent of the designation is to accommodate residential uses, predominantly in the form of single family residential dwellings primarily on large rural lots.
In the City’s Zoning Bylaw, the subject property is zoned as A1 (Small Lot Rural Residential). The A1 Zone is intended for single family residential dwellings with large minimum lot sizes of 4000m2 to secure a rural lifestyle. The subject property measures 4537m2 and cannot be subdivided without rezoning the property to a higher density zone.
ANALYSIS AND IMPACT: The subject property is located on the far side of the lake in the neighbourhood of Cranberry. While this area is predominantly made up of larger residential lots that measure one acre (4000m2) or more, there are at least a dozen that measure less than 2000m2 in the vicinity. These smaller lots would have been created prior to the current minimum lot size of 4000m2 being adopted for this zone. Additionally, there is a handful of R2 (Single and Two Family Residential) zoned properties in this neighbourhood including three isolated parcels on the east side of Gilbert Street. Theses were rezoned from A1 to R2 in 1993. For reference, these can be seen on Schedule 1 of attached draft Amendment Bylaw 2505.
The applicant wishes to subdivide their property into to two parcels. However, due to the minimum lot size of the A1 Zone the Approving Officer is unable to consider their request. In turn they have applied to have their property rezoned to R2 which has a minimum parcel size of 730m2. Attached to this report as Appendix C is the applicant’s statement of intent. It describes the rational for their rezoning request. While staff are sympathetic to the applicant’s circumstance, recommendations from staff must be based on pragmatic reasons and not as a remedy to an unfortunate situation. As such, a review of land use bylaws as they pertain to this application follows.
Key to this application are policies from the SOCP that relate to whether parcels in the Suburban Residential land use designation should be permitted to be rezoned to a higher density residential zone. As stated earlier, the intent of the Suburban Residential land use designation is to accommodate single family residential uses predominantly on large rural lots. Based on the Zoning Bylaw, only A1 and A2 zoned properties would qualify as rural. However, this is not consistent when compared to other areas of the community.
For example, the neighbourhood of Wildwood (which is also designated as Suburban Residential in the SOCP) contains many parcels smaller than those defined as ‘rural’. Most of these properties are zoned as RA1 (Residential Agricultural) which has a minimum parcel size of 730m2. Furthermore, Council recently approved a rezoning of lands along Atlin Street from A2 to RA1. Again these lands fall within the Suburban Residential land
Page 39 of 95 ZA 86 – 7345 Warner Street 3 of 4 April 17, 2018 use designation. It could be argued from the perspective of the SOCP, there is no difference between this application and the Atlin Avenue rezoning. Therefore, staff recommend that all language in the SOCP that relates to the Suburban Residential land use designation which references ‘rural’ lots be interpreted to also include lots within the R1, R2 and RA1 zones.
Another pragmatic consideration is City infrastructure; not only as it relates to the subject property, but as it relates to the entire neighbourhood surrounding these lands. If Council accepts that the Suburban Residential land use designation should also include higher density residential zones (as identified above), there is potential for increased residential density and greater demand on the City’s existing infrastructure. Please consider that as one property is permitted to rezone and subdivide, there will inevitably be more property owners wishing to do the same. To this effect, the City’s Manager of Engineering Services states that the area on the far side of Cranberry Lake is reasonably served by existing infrastructure and that a modest increase of residential density could be accommodated without difficulty.
In the last several paragraphs, staff has built a case for why rezoning the subject property could be supported. Staff have addressed both the SOCP and related infrastructure considerations. However, a big unknown is whether the public, specifically the surrounding property owners, will also be supportive. The public will have an opportunity to express their views and concerns as part of the formal public hearing process. There is potential that area residents value the ‘rural’ atmosphere of their neighbourhood and believe granting permission to rezone the subject property will erode this value. Upon conclusion of the public hearing, Council will be in a better position to address whether this is a concern.
Attached to this report as Appendix D is draft Amendment Bylaw 2505 for review. Staff recommend that the bylaw be read a first and second time and that staff be directed to arrange a public hearing.
Finally, in keeping with all rezoning applications, staff also recommend that the applicant be requested to make a voluntary community amenity contribution to the Affordable Housing Reserve Fund.
STAFF TIME/INPUT: Approximately 12 hours has been spent by Planning Services staff to meet with the applicant and review various components of this rezoning application.
PUBLIC CONSULTATION: All amendments to the Zoning Bylaw must undertake a public information process as prescribed by the Local Government Act. This includes concurrent advertisements in a local paper, placement of a Development Proposal sign on the subject property and a statutory Public Hearing.
Page 40 of 95 ZA 86 – 7345 Warner Street 4 of 4 April 17, 2018
OPTIONS:
1. That City of Powell River Zoning Bylaw 2100, 2006, Amendment Bylaw 2499, 2018, be read a first and second time;
That City of Powell River Zoning Bylaw 2100, 2006, Amendment Bylaw 2499, 2018, proceed to Public Hearing and that staff be directed to schedule the Public Hearing and give notice in accordance with Section 466 of the Local Government Act; and,
That the applicant be requested to make a voluntary community amenity contribution to the affordable housing reserve fund; or,
2. That Council provides an alternative direction to staff; or 3. That Council not endorse this application.
Respectfully submitted,
Jason Gow Senior Planner
JWG Attachment(s) Appendix A (locator map) Appendix B (orthographic Image) Appendix C (Applicant’s Statement of Intent) Appendix D (draft Amendment Bylaw 2505)
Page 41 of 95 APPENDIX A
SUBJECT PROPERTY Page 42 of 95 APPENDIX B
SUBJECT PROPERTY Page 43 of 95 APPENDIX C
Page 44 of 95 APPENDIX D CITY OF POWELL RIVER BYLAW 2505, 2018
A Bylaw to amend City of Powell River Zoning Bylaw 2100, 2006
The Council of the City of Powell River, in an open meeting assembled, enacts as follows:
1. This bylaw may be cited as “City of Powell River Zoning Bylaw 2100, 2006, Amendment Bylaw 2505, 2018”.
2. “City of Powell River Zoning Bylaw 2100, 2006" is hereby amended by amending Schedule A to Zoning Bylaw 2100, 2006, being the Official Zoning Map, by rezoning the parcel legally described as Lot 9 District Lot 5732 Plan 6302 (PID 010-962-522) shown in bold on ‘Schedule 1’ attached hereto and forming a part of this bylaw, from A1 Small Lot Rural Residential to R2 Single and Two Family Residential.
3. This bylaw shall come into full force and effect upon its adoption.
READ A FIRST TIME the day of 2018. READ A SECOND TIME the day of 2018. PUBLIC NOTICE given the and days of 2018. PUBLIC HEARING held the day of 2018. READ A THIRD TIME the day of 2018. ADOPTED on the day of 2018.
David J. Formosa, Mayor Chris Jackson, Corporate Officer
Page 45 of 95 Schedule 2 Bylaw 2505, 2018
Page 46 of 95 CITY OF POWELL RIVER REPORT
File No. 3060-20-0215
DATE: April 17, 2018
TO: Mayor and Council
FROM: Thomas Knight, Director of Planning Services
SUBJECT: Development Permit 215 – Proposal to Construct a 34 Unit Affordable Rental Housing Facility for Seniors 55 Plus (Powell River Sunset Homes Society)
RECOMMENDATION:
That Development Permit 215 to facilitate construction of a 34-unit Affordable Rental Housing facility, legally described as Lot 2 District Lot 5121 Group 1 New Westminster District Plan EPP38557 be issued subject to the following conditions:
a) Submission of an engineering site plan to confirm location of proposed sidewalk and cycling lane on Field Street and link to existing infrastructure on Joyce Avenue to the satisfaction of the Manager of Engineering Services; b) Submission of storm water management plan to the satisfaction of the Manager of Engineering Services; c) Submission of a detailed landscape plan to the satisfaction of the Director of Planning Services; and, d) Receipt of a security deposit to ensure that the approved landscape works are completed.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation. Mac Fraser Chief Administrative Officer
ORIGIN/PURPOSE: To obtain Council approval for a development permit to facilitate construction of a 34-unit affordable rental housing facility for seniors 55 plus on Joyce Avenue.
BACKGROUND: The City has received an application to consider development of a multiple-family project located fronting Joyce Avenue just south of Duncan Street. Overall, the property measures 0.95
Page 47 of 95 Development Permit Application 215 Sunset Homes Society – 4360 Joyce Avenue 2 of 6 April 17, 2018 hectares (2.35 acres) and is legally described as Lot 2 District Lot 5121 Group 1 New Westminster District Plan EPP38557 (PID 029-385-725).
The subject property was part of the former Max Cameron High School site. The property was purchased by Powell River Sunset Homes Society from proceeds received from the sale of the former complex care facility building known as “Olive Devaud”. As a registered charitable not- for-profit society, Sunset Homes intention is to finance the construction of a 34-unit affordable rental apartment building for seniors. Attached to this report as Appendices A and B are a locator map and orthographic image that illustrate the property under this development permit application.
STRATEGIC PRIORITY: Consideration to issue a development permit for a multiple residential building that focuses on affordable rental housing for seniors aligns with the City's 2016 - 2018 Corporate Plan: Strategic Community Priority #2, Economic Revitalization; Priority #3 Social Planning and Action and, Strategic Corporate Priority #5, Community Planning.
EXISTING POLICY: The City’s Integrated Community Sustainability Plan (ICSP) is broken into five Strategy Areas: Our Land, Neighbourhoods and Homes; Our Environment; Our Community Life; Our Transportation and Infrastructure; and, Our Economy. It identifies a number of goals and actions that the City should strive to achieve in terms of new development. Examples of these include building walkable neighbourhoods located in close proximity to commercial amenities; promoting infill development rather than rural sprawl; and, ensuring a diversification of housing type to better accommodate individual and family needs through all life stages.
The subject property is currently designated: Uptown Mixed Use Area (Central Westview) and applies to the commercial lands along Joyce Avenue from Westview Avenue north to Abbotsford Street. As identified in the City of Powell River Sustainable Official Community Plan Bylaw No. 2370, 2014, (SOCP), the intent of this designation is to accommodate predominately commercial (both general and service commercial) uses and to allow for multi-family residential uses. As Powell River still contains an oversupply of commercially zoned land and vacant buildings, development of multiple residential can assist in fostering activity and diversity in existing commercial business areas. The proposed 34 unit affordable rental facility for seniors therefore meets with the intent of this designation.
Within the City of Powell River Zoning Bylaw 2100, 2006 (the Zoning Bylaw), the subject property is zoned RM3 Medium Density Multiple Family Residential. The RM3 Zone is intended for apartments, townhouses and cluster housing. The proposed 34 unit multiple residential building therefore meets with the intent of this zone.
As the proposed project is multiple residential, the property is subject to the guidelines of Development Permit Area (DPA) #2: Uptown Mixed Use. The intent of this DPA is to provide guidelines for the form and character of commercial and multi-family residential developments where applicable. As the guidelines within this DPA #2 are more focused towards commercial design and layout, Planning Services staff prefer to assess multi-family proposals under the guidelines outlined in DPA #1:
The objectives of DPA #1 are to:
Page 48 of 95 Development Permit Application 215 Sunset Homes Society – 4360 Joyce Avenue 3 of 6 April 17, 2018
(a) Achieve good quality, aesthetically pleasing multi-family residential development that is appropriate to the character of Powell River’s neighbourhoods;
(b) Support development of a variety of housing types, tenures and densities to meet the diverse needs and income levels of individuals and families at all stages of life;
(c) Minimize the loss of views and other negative impacts on adjacent areas;
(d) To reduce the environmental impacts of larger residential developments; and,
(e) Improve and maintain pedestrian infrastructure and conditions, including access, safety and aesthetics.
ANALYSIS AND IMPACT: Project Overview The proposed 34-unit affordable rental housing facility on Joyce Avenues is the first phase of what is intended to be a three phased development. The proposal represents yet another multiple-family development to those recently presented at the April 3, 2018 Committee of the Whole meeting (three fourplexes on Joyce Avenue, a 21-unit rental apartment on Alberta Avenue and 112 unit rental apartment where Nootka, Manson and Westview Avenue converge). Unlike the previous applications - which were all rezoning applications that focused on land use, this application is a Development Permit where the need to assess the project in relation to the applicable DPA guidelines is required. Accordingly, greater scrutiny is required to assess the overall attributes of the project from a design perspective. Does the building design provide an aesthetically pleasing street facade to Joyce Avenue? Does the building layout take advantage and enhance the existing site? And does the layout provide pedestrian and non- vehicle connectivity both on-site and to adjacent properties? To facilitate this review, a draft Development Permit 215 is attached to this report as Appendix E. Included are the schedules that contain the perspectives and elevations that illustrate the applicant’s intent with respect to development of the exterior façades of the building, site and landscaping. Based on these drawings, staff have provided the following evaluation of the project in terms of how it adheres to the guidelines of DPA 2.
Siting and Orientation of Building A key requirement of all multiple residential developments is to be street-oriented in order to enhance to the overall streetscape. The shape of the subject property is conducive to having this building – and future phases, oriented to Joyce Avenue. This orientation is preferred and is departure from the past where major buildings have been oriented to the rear of a property (e.g. the City’s two major shopping malls). The proposed orientation also provides that all access and parking is located to the rear of the property. This is particularly relevant for a facility that will house seniors as opposed to a development that is oriented to other demographics. This provides an enhanced safety provision as there is no direct access to the facility from Joyce Avenue. Although a pedestrian access is provided at the front of the building, all pickups, drop- offs and parking are provided at the rear of the building.
View Impact The proposed development poses no view impact to adjacent properties. In fact, the orientation towards Joyce Avenue will assist in mitigating any negative view impact to those residents who live further up the escarpment in Westview. Phase 2 and 3 are proposed to be similarly oriented to Joyce Avenue.
Page 49 of 95 Development Permit Application 215 Sunset Homes Society – 4360 Joyce Avenue 4 of 6 April 17, 2018
Façades and Roof Lines While the building provides a standard rectangular massing, the roofline is proposed to be an inverted V-shape that provides a modern articulation to the overall building. It is assumed that this configuration as opposed to the typical flat roof, has been designed in consideration of the higher amount of rainfall received on the West Coast. The extension of the roof line over the balconies and windows, should also provide enhanced rain screening and greater protection to the elements.
Exterior Materials The main exterior cladding material will be multi-coloured fiber cement board that are considered reliable and long lasting to withstand West Coast elements. The use of these materials along with brick veneer and aluminum picket railings will assist in setting design parametres for an area – that apart from Phoenix Plaza at the corner of Joyce Avenue and Duncan Street, is surrounded by buildings with limited to no aesthetic design consideration whatsoever.
Sustainability Initiatives With implementation of the ICSP, Planning Services staff have been more vigilant with development applications to ensure that each proposal incorporate sustainability initiatives. Several recent developments that include Creekside Commons (located behind the new Public Library) provide examples on the various types of sustainability initiatives that may be implemented. For Pacific Point, the applicant provided a detailed Statement of Intent to outline the sustainability initiatives proposed for their development.
For this proposal, the applicant has provided an expanded brief that categories all of the sustainability initiatives proposed. Of particular note is that the building will incorporate green building practices and an energy efficient design to Built Green standards. To avoid repetition to that already provided by the applicant, members are requested to review the applicant’s detailed sustainability brief attached (Schedule D).
Landscaping The draft landscape plan provides a design that for the most part, limits landscaping to the periphery of the site where parking is to be provided. As staff have only received a letter sized drawing to review, it is difficult to determine the quantity, size and type of deciduous, conifers and shrubs to be planted. It is suggested that prior final execution of Development Permit 215, that the applicant provide a larger sized drawing similar to the building schedules received to date in order to properly assess the proposed planting plan.
One concern staff have with the proposed landscape plan is that there is no "sense of arrival" from Joyce Avenue. There is no issue with the “sense of arrival” from Field Street as this is seen as the main service entry. However, from the public access from Joyce Avenue, it is recommended that some additional consideration be made to highlight this entrance through landscaping as this will provide the main corridor to both Phase 1 and 2 buildings. As noted in a previous staff report for Coastal Wind’s 75-unit care facility, a comparison to other seniors facility such as Berwick in Campbell River, provide for an exceptionally designed landscape/sign
Page 50 of 95 Development Permit Application 215 Sunset Homes Society – 4360 Joyce Avenue 5 of 6 April 17, 2018 feature at their entrance. Members of the Committee may wish to go on-line to access these landscape design features for the Campbell River project.
Additionally, some consideration should be made towards an amenity where tenants may be able to have room to gather and socialize outside. As designed, the landscape plan essentially anchors an outdoor area that is predominantly made up of access corridors and parking. For a project of this magnitude, the plan is similar to what would be designed for any commercial strip mall development - uniformed plantings limited to the perimetres of the property with limited understanding of who the end user group is. Accordingly, it is suggested that an improved landscape plan be provided to address some of the concerns noted above.
Provision of Housing Agreement The proposal to construct a 34-unit affordable rental housing facility for seniors raises the question whether a Housing Agreement is required. At the April 3, 2018 Committee of the Whole meeting, members gave approval to two multiple family projects with the requirement that the applicants enter into a Housing Agreement. As explained in the respective staff reports, the intent was to ensure that approval of the new RM4 and RM5 zones would be received provided that the proposed rental units be achieved. The concern provided in the report was that without such an Agreement, there was little to stop the building owners from advertising for a different type of tenancy such as condominiums once zoning had been put in place.
In respect to this application, the fact that Sunset Homes is a charitable not-for-profit society and has recognized the need for affordable rental apartments is a definite plus and greatly appreciated. However, the fact that the appropriate RM3 zoning is in place, the applicant has the right to proceed with a multiple family project regardless of the type of tenancy proposed. Therefore, the City does not have the right to request a Housing Agreement in this instance.
FINANCIAL IMPACT: The overall financial impact of the Sunset Homes Society project will be moderate. Unlike the recently proposed fourplex development on Joyce, or the Pacific Point and Coastal Winds projects in 2017, it is doubtful that there will be the same anticipated resale of existing homes for those seeking to downsize to this 34 unit affordable rental seniors facility. Taxation revenue to the City are however, expected to increase once the proposed development and subsequent phases are completed. In addition, the practice to allow for higher density developments within existing core areas of the City increases efficiencies in the provision of municipal services over conventional single lot subdivisions or lower density developments.
STAFF TIME/INPUT: Approximately 19 hours has been spent by Planning Services staff to review various components of this Development Permit including all schedules and plans pertaining to the proposed development and on-going consultation with the applicant.
PUBLIC CONSULTATION: The staff report attached to the Committee of the Whole agenda will be available to the public and posted on the City’s website. There is no legal requirement for a formal public notification process as no variances are required in regards to this application.
Page 51 of 95 Development Permit Application 215 Sunset Homes Society – 4360 Joyce Avenue 6 of 6 April 17, 2018
OPTIONS:
1. That Development Permit 215 to facilitate construction of a 34-unit Affordable Rental Housing facility, legally described as Lot 2 District Lot 5121 Group 1 New Westminster District Plan EPP38557 be issued subject to the following conditions:
a) Submission of an engineering site plan to confirm location of proposed sidewalk and cycling lane on Field Street and link to existing infrastructure on Joyce Avenue to the satisfaction of the Manager of Engineering Services; b) Submission of storm water management plan to the satisfaction of the Manager of Engineering Services; c) Submission of a detailed landscape plan to the satisfaction of the Director of Planning Services; and, d) Receipt of a security deposit to ensure that the approved landscape works are completed.
2. That Council provides an alternative direction to staff; or
2. That Council not endorse this application.
Respectfully submitted,
Thomas Knight MCIP, RPP Director of Planning Services
TK/kh
Attachment(s) Appendix A (locator map) Appendix B (orthographic Image) Appendix C (proposed drawings Appendix D (statement of intent & sustainability considerations) Appendix E (draft Development Permit 215
Page 52 of 95 APPENDIX A
SUBJECT PROPERTY Page 53 of 95 APPENDIX B
SUBJECT PROPERTY Page 54 of 95 APPENDIX C Page 55 of 95 Page 56 of 95 APPENDIX D
Page 57 of 95 Protection/Creation of Eco‐Systems – there will be the creation of new eco‐systems within the newly landscaped spaces by incorporating trees like coniferous Spruce, Fir and Red Cedar trees with hardy, evergreen understory shrubs as well as deciduous leafy varieties like Maple, Sweet Gum, Crab Apple and Flowering Cherry to not only enhance the site esthetically but also create more habitat for different species of birds, insects, and pollinators. The addition of these trees will create shade where currently the site is an open field.
Energy Efficiency – construction of the building will be standard wood‐frame construction but taking extra care to ensure a tightly sealed and rain‐screened building envelope with the addition of filtered heat recovery ventilation systems making the units extremely healthy interior spaces with heat pump heating/cooling systems to heat and cool the units creating a very comfortable home and keeping energy costs down.
Healthy Materials – use of low‐VOC paints, finishes & cabinets will improve indoor air quality.
Durable Materials – Fiber‐cement siding products & torch‐on roofing are reliable and long‐lasting exterior products. They will resist the damaging effects of UV rays and will not rot or encourage insects. Fiber‐cement siding is more than 30% post‐industrial recycled material.
Waste Management – there will be in‐house recycling built‐in for residents and residents will be encouraged to separate their food waste from the waste stream heading to landfill so that all food waste can be picked up and sent to a composting facility to be turned into fertilizer.
No Light Pollution – care will be taken in the design of the lighting for the building and parking lot to minimize unnecessary glare towards Joyce Avenue or upwards towards residents on the uphill side.
The parking lot will have electric car charging stations for the eventuality of some residents or guests having electric cars.
Accessibility
Accessibility is one of the key considerations in the design of this building. Although this building is not a care facility of any kind, as seniors age in place mobility concerns can plague anyone so being prepared for the possibility of reduced mobility has been carefully considered with this development.
The parking lot has 6 accessible parking spaces, 4 of them located closest to the building and 2 more adjacent to a future development to the south. There will be gentle letdowns in the main pedestrian and mobility scooter pathways, so mobility‐challenged people will not have to contend with stepping over curbs.
The building will have an elevator allowing residents to avoid any stairs if they have mobility issues.
All units are designed with 36” doors into all rooms; most units can be completely converted to full wheelchair accessibility if required.
All units have plenty of room to maneuver walkers, wheelchairs and have all flush thresholds to walk with other mobility devices.
All door handles, and sink/shower faucets will be lever handles for ease of use.
Page 58 of 95 All flooring will be sturdy, non‐slip surfaces.
All showers will have room to transfer to a seat if required.
All toilets will be right‐height seats.
All bathrooms will have grab bars installed for residents who may have mobility challenges.
Active Living
The building will have a Community Room on the ground level near the front entrance. Building community and getting to know the neighbors is important in any housing development. The Community Room will be available for all residents to visit with other residents or family and friends, to have communal dinners and social get‐togethers or to participate in fitness or yoga classes. Staying active is important for everyone so having some fitness classes and yoga classes in the building will keep everyone active and provide a social outlet.
With easily accessible and esthetically pleasing outdoor garden spaces with benches, the residents will have lots of opportunity for gathering outdoors in more pleasant weather to socialize and get fresh air.
Residents will be encouraged to have small pets. With the adjacent dog park, pet owners can walk a short distance over to the dog park to let their furry friends run around and socialize with other dogs.
All types of active transportation will be encouraged within the building. Bicycle storage will be accommodated within the ground floor of the building in the Scooter/Bicycle Room. There will be one or two communal bikes for use by the building residents who may not own their own bicycle encouraging residents to stay active.
Page 59 of 95 APPENDIX E
CITY OF POWELL RIVER DRAFT DEVELOPMENT PERMIT 215
TO: POWELL RIVER SUNSET HOMES SOCIETY P.O. BOX 146 POWELL RIVER, B.C. V8A 4Z5 (PERMITTEE)
1. This Development is issued subject to compliance with all the bylaws of the City applicable thereto, except as specifically varied or supplemented by this Development Permit.
2. This Development Permit applies to and only to those lands within the City described below and all buildings, structures and other development thereon;
Lot 2 District Lot 5121 Group 1 New Westminster District Plan EPP38557 PID: 029-385-725 (LAND)
3. The Land has been designated as a Development Permit Area in City of Powell River Sustainable Official Community Plan Bylaw 2370, 2014, as amended.
4. The character of the proposed development including the siting, form, exterior design and finish of buildings, structures and site shall be in accordance with the drawings numbered DP 215 (A) through (G) (DRAWINGS) which are attached hereto and form part of this Development Permit.
5. The Permittee is required to install landscaping upon the Land, in conformance with DP 215 (F) through (H) attached hereto and forming a part of this Development Permit.
6. Minor changes to the drawings that do not affect the general form and character of the siting, form, exterior design and finish of buildings, structures and site, may be permitted subject to the approval of the City.
7. The terms of this Development Permit or any amendment to it, are binding on all persons who acquire an interest in the Land.
8. The Land described herein shall be developed strictly in accordance with the terms, conditions and provisions of this Permit and by the remaining stipulations of the Zoning Bylaw.
9. This Development Permit shall lapse if construction is not substantially started within two (2) years of Council’s resolution regarding issuance of the Development Permit. Lapsed
Page 60 of 95 Permits cannot be renewed; therefore application for a new Development Permit must be made and approved by Council in order to proceed.
10. This is neither a Sign Permit nor a Building Permit.
AUTHORIZING RESOLUTION PASSED BY COUNCIL THE ____ DAY OF 2018
ISSUED THIS ___ DAY OF 2018.
______City Clerk
In consideration of Council’s approval of this Development Permit and other good and valuable consideration, I/We, the undersigned, hereby agree to the terms and conditions of Development Permit 215 and acknowledge that we have read and understood it.
______Authorized Signatory
______Print Name and Title
______Date
Page 61 of 95 DP 215 (A) Page 62 of 95 DP 215 (A)(B) Page 63 of 95 DP 215 (C) Page 64 of 95 DP 215 (D) Page 65 of 95 DP 215 (E) Page 66 of 95 DP 215 (F) Page 67 of 95 DP 215 (G) Page 68 of 95 DP 215 (H) COST ESTIMATE FOR LANDSCAPING SUNSET HOMES, POWELL RIVER, BC (for bonding only) April 03, 2018
1. Supply and install all landscaping and bark mulch as specified on the landscape plans. Landscaping includes all soil for planting beds and planters, reseeding lawn areas, trees, shrubs, bark mulch, boulders, gravel and all machinery and labour costs for installation. Plant Material costs: $22,665.50
COST ESTIMATE: $36,000
2. Supply and install 5-7 zone irrigation system using Rainbird components/timer. Includes all labour, machinery and components with 1 ½” or 1” Sched. 40 mainlines as required and 1 ½” or 1” Class 200 zone lines as required.
COST ESTIMATE: $18,000
3. Supply and install two concrete block planters and eight benches. Includes all materials and labor.
COST ESTIMATE: $8,000
TOTAL COST ESTIMATE: $62,000 plus tax
m a r i e l s w a n n l a n d s c a p e d e s i g n #204 2202 – Lambert Drive, Courtenay, BC Cell: 604 483-1529 Office: 250 871-7110 [email protected] Page 69 of 95 CITY OF POWELL RIVER REPORT
File No. 3900-20-2500
DATE: April 17, 2018
TO: Mayor and Council
FROM: Chris Jackson, City Clerk
SUBJECT: Property Maintenance and Standards Bylaw Review; Addition of Nuisance Vegetation Bylaw Provisions
RECOMMENDATION:
That Council: repeal Property Maintenance Bylaw 2274, 2011 and replace it with Property Maintenance and Standards Bylaw 2500, 2018; and amend Municipal Ticketing Information Bylaw 2358, 2013.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation. Mac Fraser, CAO
ORIGIN/PURPOSE: To obtain Council direction regarding a new Property Maintenance and Standards Bylaw.
BACKGROUND: At the April 3, 2018 Committee of the Whole (COTW) meeting, a Draft Property Maintenance and Standards Bylaw was presented and discussed. Staff was directed to prepare text to address situations where there is nuisance vegetation.
This report includes recommended wording that could address those concerns raised at the COTW meeting. Please refer to the April 3, 2018 staff report for additional background information related to the Draft Property Maintenance and Standards Bylaw review.
Attached to this report is the: Attachment 1: Draft Property Maintenance and Standards Bylaw (2500), including nuisance vegetation provisions; Attachment 2: Draft Amendments to the Municipal Ticketing Bylaw (2358/2504), and Attachment 3: Draft Property Maintenance and Standards Bylaw Procedure (Revised Version)
EXISTING POLICY:
Page 70 of 95 Property Maintenance and Standards Bylaw Review Addition of Nuisance Vegetation Bylaw Provisions 2 of 3 April 17, 2018 ______ Property Maintenance Bylaw 2274, 2011 Municipal Ticket Information Bylaw 2358, 2013 Community Charter: sets the authority for a municipality to regulate, prohibit and impose requirements relating to the protection and enhancement of the well-being of the community in relation to nuisances, disturbances and other objectionable situations.
ANALYSIS AND IMPACT: Please refer to the April 3, 2018 staff report on this subject for a detailed description of the draft bylaw. The following comments are related to COTW direction to include nuisance vegetation regulations.
In accordance with the Community Charter, Council may impose requirements that protects and enhances the well-being of the community in relation to “nuisances, disturbances and other objectionable situations”. The authority of Council may be exercised in relation to “trees, weeds or other growths that council considers should be removed, cut down or trimmed.”
Section 2, Definitions: Including the following definition of ‘vegetation’ is intended to provide clarity on the scope of the term used in the bylaw. “Vegetation” means all grass, non-noxious weeds, vines, nettles, shrubs, bushes, trees, and other plant materials whether growing, diseased, or dead.
Section 4, Property Maintenance Standards: The following attempts to establish regulatory boundaries on what is acceptable and what is objectionable in relation to vegetation on private property within the City. Vegetation visible from roads, public areas, parks, trails, neighbours and adjacent lands must be maintained in a neat and orderly manner, and healthy condition, including being adequately pruned, trimmed, watered and cultivated appropriate to the species, and maintained free of disease and parasites. Overgrown, unkempt, or uncultivated vegetation must be removed, cut down as close to the ground as possible, or cared for in accordance with the first bullet under section 4, above. Accumulation of vegetation waste, including but not limited to, grass clippings, cut brush, cut trees and branches, fallen leaves and cut weeds, is permitted provided it is kept in a contained area not to exceed two (2) m3 (71 ft3), and in a manner that the vegetation waste can not be readily scattered, or blown about by wind. Despite the above, the following is permitted: o Vegetation providing erosion control, storm-water management, habitat protection, or within riparian setbacks or designated environmentally sensitive areas; o Neatly stacked firewood; o Landscape screening in accordance with Zoning Bylaw and with the first bullet under section 4, above; and o Forest trees and its naturally occurring undergrowth.
Draft Municipal Ticketing Information Bylaw 2358, 2013, Amendment Bylaw 2504, 2018 The attached municipal ticketing bylaw amendment includes revisions necessary to enforce nuisance vegetation. (Attachment 2)
Page 71 of 95 Property Maintenance and Standards Bylaw Review Addition of Nuisance Vegetation Bylaw Provisions 3 of 3 April 17, 2018 ______
Draft Property Maintenance and Standards Bylaw Procedure The attached procedure continues to be a work in progress. Please note that this is an internal procedure and not a Council policy. (attachment 3) It is intended to provide clarity and consistency regarding enforcement of Council’s bylaw. The attached procedure is the most up to date version and provided for information.
FINANCIAL IMPACT: No supplemental comments, please refer to April 3, 2018 staff report for addition information.
STAFF TIME/INPUT: Research, consideration and preparing the new text and draft bylaws approximately 7 hours.
PUBLIC CONSULTATION: The report and draft bylaw are presented and considered in open meetings and are posted on the City’s website.
OPTIONS; That Council: 1. As recommended: repeal Property Maintenance Bylaw 2274, 2011 and replace it with Property Maintenance and Standards Bylaw 2500, 2018; and amend Municipal Ticketing Information Bylaw 2358, 2013, 2018; 2. Provide alternate direction to staff regarding proceeding with the Property Maintenance Bylaw review; or 3. Direct staff to not proceed further with the Property Maintenance Bylaw review.
Respectfully submitted,
Chris Jackson, RPP, MCIP
Attachment(s): Attachment 1: Draft Property Maintenance and Standards Bylaw (2500), including nuisance vegetation provisions; Attachment 2: Draft Amendments to the Municipal Ticketing Bylaw (2358/2504), and Attachment 3: Draft Property Maintenance and Standards Bylaw Procedure (Revised Version)
Page 72 of 95 CITY OF POWELL RIVER BYLAW 2500, 2018 A BYLAW TO REGULATE PROPERTY MAINTENANCE AND STANDARDS
WHEREAS the intent of the Property Maintenance and Standards Bylaw is to protect and enhance the well-being of the community from nuisances, graffiti and unsightly conditions, and to prescribe standards for the maintenance of private property; AND WHEREAS pursuant to Sections 8(3)(h) and 64 of the Community Charter, the City is authorized to regulate, prohibit and impose requirements in relation to nuisances, refuse, garbage, or other material that is noxious, offensive or unwholesome, unsanitary conditions, graffiti, unsightly conditions, weeds or other growths that Council considers should be removed, cut down or trimmed on a property; The Council of the City of Powell River, in open meeting assembled, hereby enacts as follows: TITLE 1. This Bylaw may be cited as “Property Maintenance and Standards Bylaw 2500, 2018”.
DEFINITIONS 2. In this Bylaw: a) “Bylaw Enforcement Officer” means a person or persons appointed by Council as a Bylaw Enforcement Officer; b) “City” means the City of Powell River; c) “City Clerk” means the person holding the position of Corporate Officer for the City, or their Deputy; d) “Council” means the City’s municipal council; e) “Graffiti” means drawing, printing or writing scratched, sprayed, painted, scribbled or placed on a wall, fence, or other surface which is visible from a highway, sidewalk, park or other public place, but does not include a sign for which a permit has been issued by the City; f) “Noxious Weeds” means those weeds designated by the regulations under the Weed Control Act, (British Columbia) that are listed in Schedule “A” of this Bylaw; g) “Order” means an order under Sections 7 and 8 of this Bylaw; h) “Owner” means the registered Owner of Real Property, or an authorized agent of the Owner; i) “Person” means an individual, Owner, occupier, association, corporation, firm, political body, co-partnership or similar organization and their heirs, executors, successors and assignees, or other legal representative, whether action alone or by servant, agent or employee; j) “Real Property” means any land and any structures and improvement thereon in the City;
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k) “Rubbish” means decaying, non-decaying, solid, semi-solid or liquid wastes, including but not limited to any of the following: i. glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled; ii. paper, trash, refuse, cardboard, waste material, cans; iii. scrap iron, tin or other metal, scrap paving material; iv. discarded appliances or furniture; v. discarded or disused materials, substances or objects; vi. garbage, filth; vii. construction or demolition waste, materials or equipment, where no apparent or actual construction activity for which those items are required has been initiated, is imminent or is in progress; viii. unused machinery, equipment or mechanical parts; and ix. derelict vehicles, recreational vehicles, campers, utility trailers, boat trailers, transport trailers, boats, machinery, tires, and equipment and machinery parts; and l) “Vegetation” means all grass, non-noxious weeds, vines, nettles, shrubs, bushes, trees, and other plant materials whether growing, diseased, or dead.
PROPERTY MAINTENANCE STANDARDS 3. An owner or occupier of Real Property, must not cause, permit, suffer or allow any of the following to occur, accumulate or remain on the property: a) Rubbish, or other material that is noxious, offensive or unwholesome; b) unsanitary conditions, including water, other than in accordance with a Bylaw of the City or Regional District; or an enactment of British Columbia or Canada; c) Graffiti and unsightly conditions; and d) Noxious Weeds. 4. An owner or occupier of Real Property must comply with the following: a) ensure that lawn grass is trimmed so that its height does not exceed 20 centimetres; b) remove diseased or hazardous trees that have been identified in an Order made under this Bylaw as a substantial risk to City owned property and infrastructure in the vicinity; c) Vegetation visible from roads, public areas, parks, trails, neighbours and adjacent lands must be maintained in a neat and orderly manner, and healthy condition, including being adequately pruned, trimmed, watered and cultivated appropriate to the species, and maintained free of disease and parasites; d) overgrown, unkempt, or uncultivated vegetation must be removed, cut down as close to the ground as possible, or cared for in accordance with the section 4 a) and c); e) accumulation of vegetation waste, including but not limited to, grass clippings, cut brush, cut trees and branches, fallen leaves and cut weeds, is permitted provided it is kept in a contained area not to exceed two (2) m3 (71 ft3), and in a manner that the vegetation waste can not be readily scattered, or blown about by wind. f) despite the above, the following is permitted:
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i. Vegetation providing erosion control, storm-water management, habitat protection, or within riparian setbacks or designated environmentally sensitive areas; ii. neatly stacked firewood; iii. landscape screening in accordance with Zoning Bylaw and with the first bullet under section 4, above; and iv. forest trees and its naturally occurring undergrowth.
ENTRY 5. The City Clerk, Bylaw Enforcement Officers, other municipal officers or employees, and authorized agents or contractors may, in accordance with Section 16 and 17 of the Community Charter, enter on any property to inspect and determine whether regulations, prohibitions and requirements are being met, and fulfill the requirements of an Order made under this Bylaw, including remediation. 6. No person shall interfere, hinder or obstruct anyone designated in Section 5 in the performance of their duties.
ORDERS 7. When a Person has failed to comply with obligations under this Bylaw, the City Clerk or Bylaw Enforcement Officer may issue a written Order to that Person that requires that Person to remove the contravention or rectify the breach of this Bylaw: a) within 21 days; or b) immediately, if the contravention relates to a health, safety or environmental matter of immediate concern; and c) the Order under this Section will specify steps that must be taken and a time frame, and may address any conditions or circumstances to the property and the Person to whom the Order is directed. 8. An Order made under this Bylaw is sufficiently delivered when a copy is: (a) mailed to the Owner of the property by ordinary or express mail; (b) personally delivered to the Owner of the Real Property or to an occupant who is an adult; (c) in the case of a corporate Owner or occupier, by delivering it by registered mail to its registered office or business premises, or by personally delivering it to a director, manager, secretary or another executive officer; or (d) posted on the Real Property that is the subject of the notice by a Bylaw Enforcement Officer if the Owner or occupier cannot be found or appears to refuse delivery.
APPEALS 9. A Person in receipt of an Order under this Bylaw may contest the Order by informing the City Clerk in writing within 7 days of receipt, that the Person wishes to appear before the Council to appeal the Order.
Page 75 of 95 Property Maintenance and Standards Bylaw 2500, 2018 Page 4 of 6
10. Upon receipt of an appeal, the Order will be suspended until heard by Council and a decision given. 11. Upon hearing a Person in receipt of an Order, staff and any other affected persons, Council may affirm, vary or revoke the Order.
REMEDIATION 12. Where a Person fails to comply with an Order and has not contested the Order, the City or its agents or contractors may enter upon the Real Property to fulfill the requirements of the Order at the expense of that Person and may recover the costs incurred by the City as a debt. 13. If the costs incurred by the City for work done or services provided to Real Property are not paid in full on or before December 31 of the year in which the work was done or services provided, the amount owing may be collected as a debt due and recoverable in a court of competent jurisdiction, or in the same manner as for property taxes, plus an administration fee of fifty ($50) dollars in accordance with Sections 231 and 258 of the Community Charter.
ENFORCEMENT, OFFENCE AND PENALTY 14. This Bylaw may be enforced by the City Clerk or by a Bylaw Enforcement Officer, who may be assisted by other employees, officers, authorized agents or contractors of the City, or a peace officer, and may include RCMP as considered necessary in the circumstances. 15. A Person who: a) contravenes, violates or fails to comply with any provision of, or Order issued under, this Bylaw; b) suffers or allows any act or thing to be done in contravention of this Bylaw or any Order issued under this Bylaw; or c) fails or neglects to do anything required to be done under this Bylaw or any Order issued under this Bylaw; commits an offence against this Bylaw which may be enforced by any means permitted by the Community Charter, including by ticket in the form prescribed by Regulation to same. 16. For certainty, a Person who commits an offence against this Bylaw is liable to pay a fine of not less than $150.00 and not more than Ten Thousand ($10,000.00) Dollars, and the cost of prosecution. 17. A Person who interferes, hinders, or obstructs anyone designated in Sections 5 and 14 in the performance of their duties under this Bylaw is liable to pay a fine of $500.00. 18. Where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence.
SEVERABILITY 19. If any section or phrase of this Bylaw is for any reason held to be invalid by a decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this Bylaw.
Page 76 of 95 Property Maintenance and Standards Bylaw 2500, 2018 Page 5 of 6
REPEAL 20. The “City of Powell River Property Maintenance Bylaw 2274, 2011” and amendments are repealed.
READ a first time on the day of 2018
READ a second time on the day 2018
READ a third time on the day of 2018
ADOPTED the day of 2018
David J. Formosa, Mayor Chris Jackson, City Clerk
Page 77 of 95 Property Maintenance and Standards Bylaw 2500, 2018 Page 6 of 6
SCHEDULE “A’ NOXIOUS WEEDS: Giant Hogweed (Herculean Mantegazzianum) Japanese Knotweed (Fallopia Japonica) Bohemian Knotweed (Fsachalinense) Giant Knotweed (Fsachalinense) Himalayan Knotweed (Poligonum) Butterfly Bush (Buddliea Davidii)
Page 78 of 95 CITY OF POWELL RIVER
BYLAW 2504, 2018
A Bylaw to Amend the Municipal Ticketing Information Bylaw 2358, 2013
NOW THEREFORE, the Council of the City of Powell River, in an open meeting assembled, enacts as follows:
1. This Bylaw may be cited as “Municipal Ticketing Information Bylaw 2358, 2013, Amendment Bylaw 2504, 2018”.
2. Municipal Ticketing Information Bylaw 2358, 2013 is amended as follows:
a) Change sections 2 and 3 such that the references to “Schedule A” are removed and replaced with “Schedule 1”; b) Change sections 4 and 5 such that the number “11” is removed and replaced with the number “12”; c) Insert the following new row to Schedule 1, immediately after the “Noise Control Bylaw” row: “Property Maintenance and Standards Bylaw 2500, 2018 Bylaw Enforcement Officer Corporate Officer RCMP Officer”
d) Renumber Schedules 8, 9, 10 and 11 to 9, 10, 11 and 12; e) Insert new Schedule 8 as follows: “SCHEDULE 8 Property Maintenance and Standards Bylaw 2500, 2018 Column 2 Column 3 Allowing rubbish, or other material that is noxious, offensive or 3(a) $150.00 unwholesome to occur, accumulate or remain on property Allowing the occurrence of unsanitary conditions, including water, to 3(b) $150.00 occur, accumulate or remain on property Allowing graffiti and unsightly conditions to occur, accumulate or remain 3(c) $150.00 on property Allowing noxious weeds to occur and remain on property 3(d) $150.00 Allowing lawn grass to exceed 20 centimeters in height 4(a) $150.00 Failure to remove diseased or hazardous trees as per an Order 4(b) $150.00 Failure to maintain vegetation visible from roads, public areas, parks, 4(c) $150.00 trails, neighbours and adjacent lands in a neat and orderly manner, and healthy condition, including being adequately pruned, trimmed, watered and cultivated appropriate to the species, and maintained free of disease and parasites. Failure to remove, cut down as close to the ground as possible, or care 4(d) $150.00 for vegetation such that it becomes overgrown and unkempt. Failure to limit the accumulation of vegetation waste within a two (2) m3 4(e) $150.00 contained area, and/or in a manner that allows the vegetation waste to be readily scattered, or blown about by wind. Interfering, hindering or obstructing a Bylaw Enforcement Officer, City 6 $500.00” Clerk and other authorized persons in the fulfillment of their duties.
Page 79 of 95 Municipal Ticketing Information Bylaw 2358, 2013, Amendment Bylaw 2504, 2018 Page 2
Interfering, hindering or obstructing a Bylaw Enforcement Officer, City 14 $500.00” Clerk and other authorized persons in the fulfillment of their duties.
Read a first time the day of ,2018.
Read a second time the day of ,2018.
Read a third time the day of ,2018.
Adopted the day of ,2018.
David J. Formosa, Mayor Chris Jackson, City Clerk
Page 80 of 95 DRAFT FOR COMMENT
Subject: Property Maintenance & Standards Bylaw Procedure Area: Bylaw Enforcement & Animal Control Department: Administration
Receipt of Complaint
1. Administration Office Clerk opens a Tempest System Call for Service file (CFS), create new file number, and assigns to a Bylaw Enforcement Officer.
Investigation and First Inspection
2. Officer investigates the complaint, which may include:
Contacting the complainant;
Contacting the owner/occupier; and
Conducting site visit of the property and taking photographs and field notes of the contraventions and observations, as required.
No Infraction Found
3. If investigation finds no infraction, owner/occupier and complainant are verbally notified and file closed. All notes, photographs and updates are recorded into the CFS file and archived into the Records Management system.
Compliant is Found Valid
Initial Communication
4. The Officer will make attempts to directly communicate with the owner/ occupier:
If meeting in person or speaking on phone, the Officer will provide the owner/ occupier with contact information (i.e. a business card if in person), copy of the bylaw and verbal report on action(s) required to meet compliance; or
If the Officer has not been able to meet or speak with the owner/ occupier after two attempts over a one-week period, the Officer will leave a business card and note in a location near a building entrance requesting that the Officer be contacted for follow- up.
5. The Officer updates the CFS file with field notes, including date/time and details of conversations/ site visits; who was in attendance; who was or was not spoken with; outcomes/ commitments; photographs, etc.
6. If the infraction relates to a health, safety or environmental matter of immediate concern, the Officer may: issue a ticket in accordance with Municipal Ticket Information Bylaw 2358
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(MTI); and contact other City departments or government agencies, including Vancouver Coastal Health, Natural Resource Service, Conservation Officer Service and so on.
Letter to Comply (21 days)
7. The Officer directs to the Administration Office Clerk to prepare a Letter to Comply, with the following considerations:
Sent to the registered property owner(s) and occupier(s) (if relevant);
Identification of infractions and actions required for compliance, including specific details related to what constitutes ‘rubbish’, unsightly conditions, etc.;
Attaching photographs and other documents in support of the enforcement action;
Direction on bringing the property into compliance;
Inclusion of possible outcomes if compliance is not met; the letter may include reference to: ticketing and fine penalties, remediation through direct cleanup action by the City and expensed to the owner, and prosecution; and
That twenty-one calendar (21) days will be given until the next compliance inspection occurs, unless the infraction relates to a health, safety or environmental matter in which case compliance must occur immediately.
8. The Senior Officer will proof read the Letter to Comply prior to it being sent by the Administration Office Clerk. The Clerk will file the letter into the CFS system and note when the letter was sent and to whom.
9. The Officer will provide a verbal update to the complainant and record in the CFS file.
Second Inspection
10. After twenty-one calendar (21) days, as indicated in the Letter to Comply, the Officer will conduct an inspection, with photographs and detailed field notes prepared and included in the CFS file.
11. If voluntary compliance has been met within the agreed upon time frame, the owner/occupier will be sent a letter that compliance has been met, complainant verbally notified, and file closed. All notes, photographs and updates are recorded into the CFS file and archived into the Records Management system. If a ticket was issued, it may be cancelled by the City Clerk.
Possible Extension or Written Order
12. Extension, Second Letter to Comply:
a) If it appears that attempts are being made, and will continue to be made, to meet compliance, an extension of no more than twenty-one (21) calendar days may be
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granted, at the discretion of the Officer. If an extension is granted, a Second Letter to Comply will be sent, in accordance with the procedures noted above. The Officer may issue a ticket at this time.
b) If compliance has not been met, and little or no effort has been shown to seek voluntary compliance, the Officer will issue a ticket and make a recommendation to the City Clerk regarding issuance of a written Order.
13. Written Order:
a) The Officer and Administrative Office Clerk will prepare a recommendation to the City Clerk.
b) Upon review of the file, the City Clerk may issue a written Order in accordance with Property Maintenance and Standards Bylaw 2500, 2018, which requires the owner/ occupier to remove the contravention or rectify the breach of the Bylaw within twenty- one calendar (21) days, unless the infraction relates to a health, safety or environmental matter in which case compliance must occur immediately; due to the formality of the Order, a 4 day posting period is added to the 21 days, resulting the response time of the written Order at 25 days.
Appeal
14. Within 7 days of receipt, an owner/ occupier may request to appear before Council to appeal a written Order; should an appeal be received the Order is suspended until Council decides whether it should be affirmed, varied or revoked.
15. If an Order is revoked, it is deemed that there has not been a valid bylaw infraction; the owner/occupier will be sent a letter that the matter will not proceed further, complainant verbally notified, and file closed. All notes, photographs and updates are recorded into the CFS file and archived into the Records Management system. If a ticket was issued, it will be cancelled by the City Clerk.
Third Inspection
16. After twenty-five (25) days from the date of the letter signed by the City Clerk (which includes 21 days for the notice and 4 days for delivery), the Bylaw Enforcement Officer will conduct an inspection, with photographs and detailed field notes prepared and included in the CFS file. If an appeal was submitted and the Order affirmed, the time between receipt of the appeal and Council’s decision does not count as part of the 25-day requirement.
17. If compliance has been met, refer to section 11.
18. If it appears that attempts are being made, and will continue to be made, refer to section 12.
19. If a Second Letter to Comply was sent with an extension, then a ticket is issued, and the procedure moves to a written Order as per section 13.
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20. If compliance has not been met, and little or no effort has been shown to seek voluntary compliance, the Officer will issue a ticket, advise the City Clerk and remedial action will be considered.
Additional Inspections
21. The Officer will inspect the property on a weekly basis, with photographs and detailed field notes prepared and included in the CFS file.
Remediation
22. The Officer will contact a contractor for quotes to undertake the work.
23. The Officer and contractor will attend the site to identify the scope of work and estimate costs. At this visit, the Officer will photograph all chattels/ infractions and take precise field notes which will then be entered into the CFS file upon returning to the office.
24. The contractor shall provide an estimate for the work. The Officer shall discuss with the Clerk for signoff.
25. Upon approval of the work, a date will be confirmed with the contractor. The owner/ occupier is notified of the estimated remediation costs and the date/time when the work will be completed, by registered mail and/or hand delivered. The RCMP Staff Sergeant will be advised of the date for the remediation, with possible on site RCMP presence requested.
26. On the day of remediation, the Officer and contractor crew commences the work required. The Officer will be present on site throughout the work. Photos will be taken during and after the work is completed. The Officer will update the CFS file accordingly.
27. If the owner/ occupier denies access, the RCMP will be asked to assist. If RCMP are unable to assist, an injunction order may be required prior to another remediation attempt. Any interference of any officer in the performance of their duty could result in a $500 fine.
28. When the invoice from the contractor is received by the Administration Office Clerk, the Bylaw Enforcement Officer will review it for accuracy. It will then be sent to the City Clerk for sign off, and Accounts payable for processing. A copy is scanned and added to the CFS.
REMAINING PROCEDURES TO BE DEVELOPED
Noxious weeds;
Nuisance vegetation.
4
Page 84 of 95 Follow Up Action List: Updated April 4, 2018 Page 1 of 11 NEW ITEMS from April 4 COTW Item Direction Department Status 1. Letter regarding Vehicle Accidents on Direction to provide an options report to reduce vehicle speeds along Infrastructure Pending Harvie Street near Quality Foods Harvie St, near Quality Foods, including consideration of roundabouts, speed bumps and alternate traffic flow. 2. Letter from Townsite Ratepayers Direction that a letter of support be provided to assist the TRA with Infrastructure and Pending Association regarding Streetscaping grant proposals, and that staff review the proposal and provide an Administration options report to assist with implementation. 3. Letter from Townsite Ratepayers Direction that a letter be sent to the TRA advising that the City is Infrastructure and Active Association regarding Wastewater waiting for Minister’s response to TRA letter; the City letter shall Planning Treatment Plant Consultation include previous Ministerial approval letter; and include comments in response to section 21 enquiries. 4. Traffic Study, portion of Joyce Ave Direction to undertake a traffic study along Joyce Ave corridor between Infrastructure and Pending Lytton St and Duncan St, taking into account impacts from current, Planning proposed and potential future developments. 5. Report regarding DVP 210 – Bowness Ave Direction to Issue Notice Planning Active 6. Report regarding ALC Decision of a Direction that staff work with the ALC compliance & enforcement Planning Active portion of Hemlock officer, and provide a report to the April 19 Council meeting with ideas and options that demonstrate good faith and proactively addresses ALC non-compliance concerns, including but not limited to: offering other land for ALR inclusion, establishing community garden within the ‘loop’, limiting access along the loop to emergency vehicles only; 7. Letter from BC Honours and Awards Direction that staff prepare a news release and post to the City website, Communication Active regarding Order of BC Nominations as well as send out information out through City’s social media. 8. Dangers of Inhaling Compressed Air, aka Direction that staff prepare a news release regarding the dangers of Communication Active “Canned Air” inhaling compressed or ‘canned’ air with name brands such as ‘Dust- Off’; staff to send letters to local stores who may sell these products requesting that they do not sell to children and consider moving the products to secure areas in the store. 9. Report regarding Property Maintenance Direction to prepare options that address nuisance vegetation and Administration Active and Standards Bylaw overgrowth for April 17 COTW, with intent to forward draft bylaws to April 19 Council, if appropriate 10. Items forwarded to April 19 Council Referred to April 19 Council meeting: Administration Active
Page 85 of 95 Meeting Letter regarding Powell River Rotary Club request for Art Installation at Library; approval of proposal; Report regarding Addition of Phase IV Cycling Infrastructure contract; Report regarding Liquor License Expansion – Hap Parker Arena; Follow Up Action List: Updated April 4, 2018 Page 2 of 11 Report regarding Jumpstart Accessibility Grant; Report regarding Proposed Strata Conversion; Report regarding Zoning Amendment 84 – Westview at Joyce; Report regarding Zoning Amendment 83 – 4313 Alberta; Report regarding OCP and Zoning Amendments 82 – 4090 Westview; Report regarding Property Maintenance and Standards Bylaw, with additions related to nuisance vegetation Page 86 of 95 Follow Up Action List: Updated April 4, 2018 Page 3 of 11 ITEMS from March 13 COTW Item Direction Department Status 11. Letter regarding Powell River Parks and Direction to provide buses to support the Marathon Shuffle event on Infrastructure Active Wilderness Society Requesting the City April 29, 2018 Provide Transit for Participants of Marathon Event 12. Report regarding Municipal Response to Direction to investigate options for presentation of the blanket exercise CAO Moved to Truth and Reconciliation Commission and report back to Council at a future meeting. Dept List Report Page 87 of 95 Follow Up Action List: Updated April 4, 2018 Page 4 of 11 Administrative Services Department Item Direction Most Recent Activity Status 13. North Harbour Observation Jan 30, 2018 COTW: Direction to prepare report and draft Feb 23: project initiated. Active Camera Access video surveillance policy Feb 27: Dir of Infra noted that the camera has been ordered and that additional cameras may be needed 14. Wildland Urban Interface Fire Direction to request the Minister of Forests, Lands and Feb 23: Manager of ES to provide Active Risk Mitigation Project Natural Resource Operations (FLNRO) to increase provincial draft for signature. support for mitigating fire risk in wildland urban interface March 29: draft letter received for areas. Mayor signature 15. Inn at Westview Remedial Action Requirement Issued. Feb 13: Owner representatives Active reported on recent and ongoing March 13 COTW: further direction, that staff was directed to efforts to address remedial action obtain quotations for the building removal and produce a requirement. backgrounder on this matter for release to the media. April 4: meeting with Mr. Barr
16. Letter from Graham Cocksedge Direction that staff to respond to this letter and others related March 29: workload/ resource Active re: Lot 450 Land and Timber to the same topic by Feb 17. (Feb 14 COTW) continues delay in response. 17. BearSmart Community Prepare Options Report on becoming a Bear Smart Dec 5: Youth Council met, the Active Community, in cooperation with WildsafeBC Coordinator. Coordinator will return to an (Sep. 13, 2016) upcoming meeting. Supplemental direction to include amendment to the Garbage Bylaw re: not putting garbage out before 7 a.m. (Aug 15, 2017 COTW)
Chief Administrative Officer Item Direction Most Recent Activity Status 18. Report - Local Government Direction to convene a workshop with City Council, followed March 13: workshop planned to be Active Regulation of Cannabis by public engagement meetings. (Feb 13 COTW) held late April. 19. Vacant Building Bylaw Prepare Preliminary Report (Oct. 18, 2016) March 29: report coming to Apr 17 Active Staff to reference Kelowna bylaw as part of review (Feb 28 COTW COTW) Supplemental direction to make a priority project, and Page 88 of 95 increase scope to include vacant lots, unsightly premise and inclusion of ticketing authority for violations. (Aug 15, 2017 COTW) Note: project moved from Planning Services to CAO Follow Up Action List: Updated April 4, 2018 Page 5 of 11 20. Delegation from Mr. Troy Feb 13: staff to review submission and address concerns March 8: CAO working with Mr. Active Marshall raised. Marshall 21. Tla’amin Nation Canoe Families Council agreement to support the Tla'amin Nation's offer to Jan 30: A staff report will be Active Bid for Tribal Journey Destination host the 2020 Tribal Canoe Journey in Powell River. (Nov 16 submitted after event committee 2020 Council) meets; Hɛhɛwšɩn canoe gift to be displayed in City Hall foyer March 8: waiting for event committee to meet. 22. Wood Stove Exchange Program Investigate feasibility, including costs to municipality, intake March 8: PRRD CAO is researching Active dates and experiences in other communities. (Nov 17, 2015) as a regional project. 23. Transit and Alternative Options Request that Councillor Brewer and CAO followup regarding Active for Transportation Web- the offer from a lower mainland transit and alternative Conference options group who would host a webconference for City staff and council members; the focus appears to more effective use of existing infrastructure. (Oct 31 COTW) 24. Zero Waste Corporate Policy Staff directed to work with the “Let’s Talk Trash Team” to Oct 3: Let’s Talk Trash Team Active develop strategies that promote and implement zero waste working with Recreation Complex efforts at City events and at all civic facilities, including the Staff; additional meetings with CAO Recreation Centre. (Feb 14 COTW) and other staff will occur in 2018, Direction to also consider a policy on zero waste projects preferably earlier. (such as building renovations). Bring to a future Committee of Feb 23: Councillor’s Leishman and the Whole meeting. (Mar 14 COTW) Skadsheim working with the team on Feb 28. March 13: Let's Talk Trash Team is gathering data on zero waste efforts at civic facilities and events and will present their findings soon. 25. Residential Energy Efficiency Prepare a report on the feasibility of implementing a program Feb 23: submitted as 2018 AVICC Active Upgrades through Local to help residents pay for energy efficiency upgrades to homes resolution Improvement Charges using Local Improvement Charges. 26. Regional Social Advisory Draft Terms of Reference (Aug. 18, 2016) Oct 24: Social Planning Program Active Committee New direction; Draft Terms of Reference for a region-wide final report received 16 October approach in cooperation with TN and PRRD (Nov 1, 2016 and under review by three CAOs
Page 89 of 95 COTW) 27. Municipal Response to Truth and Develop actions for approval by Council to implement the calls March 8: report coming forward to Active Reconciliation Report to action from the Truth and Reconciliation Committee Final March 13 COTW Report that explicitly recognize the role of municipal government. Note: Item #47 in the report requires a greater Follow Up Action List: Updated April 4, 2018 Page 6 of 11 level of detail (Jul 7, 2016 Council)
Direction to investigate options for presentation of the blanket exercise and report back to Council at a future meeting. (March 13, 2018 Council)
Financial Services Department Item Direction Most Recent Activity Status 28. City Lease Rates Review existing rates and prepare options report. (Apr 28, Oct 4: Project being contracted out. Active 2016 FC) 29. Social Procurement Policy Prepare report & draft policy (Feb 4, 2016) Oct 4: Staff are reviewing the Pending Prepare draft social procurement policy request confirmed activities and progress of the (Nov 1, 2016) “Vancouver Island Social Prepare a report to address social procurement (July 18 Procurement Committee” COTW) addressing this matter.
Infrastructure Services (includes Engineering, Operational Services, Transit and Wharf) Item Direction Most Recent Activity Status 30. City Buildings Energy Efficiency Direction to prepare a report to Council for funding of City Pending Recommendations buildings’ energy audits and engineering studies. (Feb 22, 2017 FC) 31. Garburators Direction that staff bring a report forward on proposed Pending amendments to the existing sewer bylaw that would ban garburators from being installed in new construction, and would prohibit the use of garburators in commercial spaces subject to a potential phasing-in period. 32. Christmas Lighting along Marine Direction that staff investigate the Christmas Lighting along Pending Ave Marine Ave with the Marine Avenue Business Association and Ministry of Transportation and Infrastructure. 33. Excessive Speed Limits on Roads Direction to: Feb 23: included as part of Traffic Active near the Westview Ferry review the speed limits of the roads in the area with Bylaw Review Terminal consideration of reducing the speed limit to 30 km/hr; Apr 4: moved to Traffic Bylaw item consider other ways to reduce traffic speeds, and Page 90 of 95 consider enforcement options related to parking and blocking of driveways and streets; (Oct 3 COTW) 34. Traffic Bylaw 2412, 2016 Prepare report and amendments to Traffic Bylaw 2412, Oct 12: Departmental inputs Active Follow Up Action List: Updated April 4, 2018 Page 7 of 11 2016 as proposed in January 19 report, along with occurring, fines and enforceability inclusion of truck route map. (Jan 19, 2016) of regulations under review. Direction to include a default speed limit of 40 km/hr in Dec 14: review continues, areas where no other limit is posted. (Jan 31 COTW) anticipation report with draft bylaw Staff requested to include parking options in relation to in spring 2018 Larch Ave matter raised at Feb 19, 2015 Council meeting (Feb 28)
Supplemental direction related to Excessive Speed Limits on Roads near the Westview Ferry Terminal: review the speed limits of the roads in the area with consideration of reducing the speed limit to 30 km/hr; consider other ways to reduce traffic speeds, and consider enforcement options related to parking and blocking of driveways and streets. (Oct 3 COTW) 35. Dynamic Modelling Prepare report on dynamic modelling and how it will impact Nov 9: Flow monitoring underway Active inflow and infiltration mitigation. (Dec 3, 2015 COTW) to be completed in mid 2017. Dec 14: monitoring complete, report under review 36. Solar Energy Production Prepare report assessing solar energy production feasibility at Active Feasibility Recreation Complex, Willingdon Beach Pavilion and Library (Aug 30, 2016 COTW)
Parks, Recreation and Culture Department Item Direction Most Recent Activity Status 37. Grief Point Park Fencing Issue Direction to re-purpose the fencing to another city park and Active work with neighbours to address the matter of safety at this park. (Feb 13 COTW) 38. Stacey McCausland, Rotary Club Feb 13: consent, staff were directed to work with Ms. Feb 23: staff has initiated Active of Powell River, regarding McCausland and return to Committee of the Whole with a discussions and taken early steps to Building a Shelter at the City of report for the construction of a shelter at the dog park - review proposal; report to come Powell River Dog Park funded through the Rotary Club of Powell River. forward in May. Page 91 of 95 March 26: Report Expected April 17, 2018 39. Letter dated January 10, 2018 By unanimous consent the letter dated January 10, 2018 from Feb 23: staff reviewing letter for Active from Powell River Diversity Powell River Diversity Initiative regarding Celebration of implementation. Follow Up Action List: Updated April 4, 2018 Page 8 of 11 Initiative regarding Celebration of Cultural Diversity Event was received and that staff implement March 26: Jan 10 email sent to the Cultural Diversity Event the ideas contained therein. PRDI Society & CCD Committee. Info the disabled access to stage added to rental information. 40. Wild Ocean Whale Society Staff to followup with Ms. McKay regarding: installation of Feb 23: meeting held with Ms. Active Support marine mammal interpretive signage at the viewpoint, MacKay; staff looking into pricing, Willingdon Beach and seawalk parking area; installation of costs and agreements for permanent public use binoculars at the viewpoint. implementation. March 26: Pricing provided by the City to Ms. Mackay. Report expected for May 1 COTW. 41. Possible Seniors’ Council, or Request that the idea of a seniors’ advocacy group, or seniors Feb 23: grant received; report to Active Seniors’ advocacy working group; ‘council, be included on the December 12 C3 meeting agenda. come forward early summer. and Community Leaders’ (Oct 31 COTW) Dialogue on Aging in Powell River Prepare a report on implementation of items identified in the document that can be readily achieved. 42. Dog Parks Report Direction to (Sept 5 COTW): Feb 23: public meeting anticipated Active prepare draft amendments to the Animal Control Bylaw to in early March; report to come address issues related to not cleaning up after animals, forward early summer. dogs digging holes on sports fields, aggressive animals, March 26: Public meeting will be community outreach, communication, enforcement held in April 2018 options and so on; prepare a report regarding additional off leash dog parks, beaches and trail systems, including commenting on shelters, shading, potable water, parking and washroom facilities. 43. Recreation Complex Fee Direction to include amendment to the bylaw in November Feb 23: On hold pending fees and Active Schedule - Family Passes 2017 such that the disparity with family pass rates between charges bylaw discussions. two parents with one child, and the cost for a single parent March 26: Report anticipated for with one child is corrected. (Aug 15, 2017 COTW) April 26 Finance Committee.
Planning Services (includes Building Inspection and Business Licensing) Page 92 of 95 Item Direction Most Recent Activity Status 44. Letter regarding Short-term Direction to refer letter to Housing Committee for Active Housing Rental Issues & Airbnb consideration and file in the Airbnb file. (Feb 13 COTW) Policy Follow Up Action List: Updated April 4, 2018 Page 9 of 11 45. BC Energy Step Code Direction to prepare report on implementation of the BC Pending Energy Step Code 46. Development Permit Guidelines Direction for staff to prepare amendment bylaw to DPA Pending Amendment guidelines to prohibit the use of vinyl siding. (Dec 21 Council) 47. Development Permit Issuance Direction for staff to review the City's Delegation Bylaw with Pending Delegation Review regard to threshold amounts in which staff are delegated the authority for issuing development permits for facade improvements. (Dec 19 COTW) 48. Solar Ready Homes Direction to prepare a report on amending City of Powell River Pending Building Bylaw 2141, 2007 to require all new construction in the City to be solar-ready. (Aug 17 COTW) 49. Electric Vehicle (EV) Ready New Direction to prepare a report implementing EV-ready Pending Construction infrastructure requirements into the Zoning Bylaw, the report shall include information on new construction cost estimates; for clarity the proposed charging stations are for overnight charging, not the fast charging units. (Nov 2 Council) 50. Business Façade Improvement Direction for staff to bring a report to Council regarding Pending Program establishment of a Business Façade Improvement Program, and that the Finance Committee allocate $25,000 to the Planning Department Special Project budget. 51. Tree Protection Bylaw Review Tree Protection Bylaw Review with scope to include: Pending maximum height of trees and protection of viewscapes; addressing concerns raised by delegate Trish Barnsley at the Jun 13 COTW meeting; and that amendments to the bylaw be more equitable, flexible and in keeping with other jurisdictions that regulate tree cutting. (Oct 18, COTW; Note this item was on previous Action Lists) 52. Rezoning Penticton Trails Area to Prepare draft amendments to the SOCP and Zoning bylaws Apr 18: revised direction Pending Parks Use such that the city-owned land bound by Penticton Street, May 11: task to be completed in Mackenzie Avenue and Teakerne Street, up to the proposed collaboration with PRC Dept. Manson Avenue extension be changed to park use. (Apr 18, July 18 COTW: Direction to staff to COTW) consider this item more urgent Nov 9: No update provided at time of agenda publication. Page 93 of 95 53. Affordable Housing Options Identify key City-owned properties that could potentially be Jun 30: meetings being arranged Active provided to not-for-profit housing providers to construct new with stakeholders and ratepayers. affordable housing buildings. (Dec 13 COTW) Nov 9: No update provided at time of agenda publication. Follow Up Action List: Updated April 4, 2018 Page 10 of 11 54. Airbnbs and B&Bs Direction to prepare a report that may regulate short-term Jan 17: Open House held Active rentals, including Airbnbs; report shall include public engagement process options. (Aug 15, 2017 COTW) Direction to raise this as a higher priority item; many other communities are engaged in this work and staff could consider retaining consultants to assist with the project. (Oct 3 COTW) 55. Townsite Heritage Conservation Prepare options report recommending ways implement SOCP Nov 9: Action to be initiated when Active guiding principles for Townsite. (May 3, 2016 COTW) higher priority items or time Direction to raise this as a higher priority item. (Oct 3 COTW) sensitive development applications Direction to staff to consider retaining a consultant who completed or when additional specializes in heritage preservation and that a committee be staffing is available considered. (Dec 19 COTW) 56. Steep Slope Bylaw Dec 1, 2015 COTW: Logging/Water Management Above Nov 9: Action to be initiated when Pending Timberland: Council discussed the potential impacts of logging higher priority items or time on land with a slope greater than 30% and the impending sensitive development applications logging on property near Timberlane. completed or when additional By unanimous consent staff was directed to prepare a staffing is available report with policy recommendations, such as a development permit area, to address areas with a slope greater than 30%. By unanimous consent staff was directed to request a copy of any geotech or hydrologist reports from Catalyst and Island Timberlands regarding the area in the vicinity of the Timberlane barracks. 57. ALC Inclusion Proposal Prepare options report for an ALC inclusion application for 30 Apr 18: further work pending Active acres of Airport Land Reserve. (Sep 29, 2015) completion of soil capacity analysis Direction to raise this as a higher priority item. (Oct 3 COTW) July 18 COTW: Direction to staff to consider this item more urgent Direction to spend up to $10,000 to conduct an Agricultural Nov 9: report scheduled for Nov 16 Capability Study of the non ALR portions of the City’s Airport COTW meeting. Surplus Lands, funded from prior years surplus. Page 94 of 95 Topics and Information Items for Future Reference Item Description Follow Up 58. AVICC/UBCM Resolutions Topics identified for possible AVICC/UBCM resolutions: Follow Up Action List: Updated April 4, 2018 Page 11 of 11 December 2018 59. Future Agenda Items The following are referred to future meetings dates: Placeholder Suggestion to invite Paul Cummings, Townsite Jazz Festival, to return to April 5, 2018 Council April Council meeting for brief jazz concert presentation. (Dec 5 COTW); March 29: Councillor Leishman invited Mr. Cummings to April 5 Council Meeting 60. Future Strategic Planning Items for consideration: Session Renovations to Dwight Hall (Jan 12, FC) 2018 Renovations to City Hall (Jan 12, FC) Zero Waste (Mar 14, COTW) Options to enhance public transportation and transit (Apr 4, COTW) Strategic Planning session scheduled for June 2018 61. 2018 Financial Plan Process The following were identified throughout the year for consideration in the 5 Year Financial Plan 2018 Budget process: Process Wood Stove Exchange Program (Jul 19, 2015; topic with the Sustainability Committee); New Fire Hall (design in 2017; possible 2018 budget requirements); North and South Extensions to Seawalk (pre-design in 2017; possible 2018 budget requirements); Use of ‘Citizen Budget’ as part of consultation process; 62. 2019 and Beyond Items Identified as Possible, Future Projects and Tasks: Email dated Jan 7, 2017 from Paul Gravette, Animal Control Bylaw regarding Support for the Proposed Heritage Tax City Wellness Program Credit Smoking Regulation Bylaw 2232, 2009 Planning Committee Free Parking at PR Hospital Proposed Timberlane Estates Zoning Amendment Affordable Housing Reserve Fund on Hemlock Street Improve Pedestrian Access from Putters Mini- Grief Point/ Westview Neighbourhood Golf to Marine Avenue Development Permit Area Review of Infrastructure Design and Construction Bylaw Amendments to Regulate Marijuana Bylaw Dispensaries Crosswalk near Tofino Street and Joyce Avenue Community Amenity Contribution Bylaw Curbside Solid Waste Implementation Plan Development and Subdivision Fees and Charges Single-use Plastic Bags Lieutenant-Governor Request to Amend Section 21 Boundaries Page 95 of Council Policy 230 - Civic Facilities Naming 4315 Marine Ave