R EGULAR MEETING OF MUNICIPAL COUNCIL AGENDA TUESDAY, AUGUST 17, 2 0 1 0 , STARTING AT 5:30 PM In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4 APPROVAL OF AGENDA Approval of the Regular Council agenda of August 17, 2010. ADOPTION OF MINUTES Adoption of the Regular Council minutes of August 3, 2010. PUBLIC QUESTION AND ANSWER PERIOD PRESENTATIONS/DELEGATIONS Whistler Half Marathon A presentation by Dave Clark, Race Director, regarding the Whistler Half Marathon for June 2011. RBC GranFondo A presentation by Neil McKinnon, GranFondo Canada co-founder, regarding the RBC Gran Fondo for September 11, 2010. Pay Parking An update regarding pay parking by Bob MacPherson, General Manager of Community Life. BC Transit A presentation by Manuel Achadinha, CEO, Peter Rantucci, Director – Regional Transit Systems, and Johann van Schaik, Regional Transit Manager – South Coast, regarding Key Performance Indicators for BC Transit. MAYOR’S REPORT ADMINISTRATIVE REPORTS RBC GranFondo Whistler That Council endorses the Special Occasion License application of Fraser Boyer for the Special Occasion Liquor RBC GranFondo Whistler to be held on Saturday, September 11, 2010. License Report No. 10-081 File No. 7627.2 Regular Council Meeting Agenda August 17, 2010 Page 2 Whistler Aggregates That Council considers giving first reading to Official Community Plan Amendment Rezoning Bylaw (Material Extraction) No. 1931, 2009; Report No. 10-086 File No. RZ. 1025 That Council considers giving second reading to Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009; Whereas Council has examined Bylaw 1931, 2009 in accordance with section 879 of the Local Government Act: That Council advises that consultations with the Board of the Squamish-Lillooet Regional District, the Councils of the District of Squamish and the Village of Pemberton, and federal government and their agencies are not required; That Council advises that it has consulted with the provincial government and has received permission to proceed with the processing of the rezoning application; Whereas Council has examined Bylaw 1931, 2009 in accordance with section 882(3)(a) of the Local Government Act: That Council advises it has considered the proposed Official Community Plan amendment in conjunction with the Resort Municipality of Whistler’s Financial Plan and the Squamish-Lillooet Regional District Solid Waste Management Plan. That Council consider giving first and second readings to “Zoning Amendment Bylaw (Asphalt and Aggregate Processing) No. 1930, 2009”; That Council authorize the Corporate Officer to schedule a public hearing regarding “Zoning Amendment Bylaw (Asphalt and Aggregate Processing) No. 1930, 2009” and “Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009” and to advertise for same in a local newspaper; and That prior to the adoption of “Zoning Amendment Bylaw (Asphalt and Aggregate Processing) No. 1930, 2009” and “Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009” the following conditions are to be reported on to council: 1) Submission of a revegetation plan for the berm. 2) Submission of a letter of credit worth 135 percent of the cost of landscaping the berm as determined by a qualified landscape architect, registered professional forester or a registered professional biologist. 3) Submission of a plan for gates, fences, signage or other barriers at mine access points to ensure the mine site is secure against unauthorized and accidental entry by the public. 4) Submission of a water management plan for Crater Creek on the subject property. 5) Receipt of notification from the Province of British Columbia that the site profile has been accepted. 6) Submission of an “environmental management plan” for the site. 7) Removal of buffer areas from all licences of occupation on site. 8) Receipt of any securities to ensure the completion of above noted works. Regular Council Meeting Agenda August 17, 2010 Page 3 Air Quality Management That Council consider giving first, second, and third reading to Air Quality Management Bylaw No. 1946, 2010 Bylaw No. 1946, 2010. Report No. 10-079 File No. 806 Le Chamois Envelope That Council approve Blackcomb Permit Application No. 0008 for improvements to Repair And Enhancement the ground level exterior of the Le Chamois Hotel per the Architectural Plans prepared Report No. 10-085 by IBI/HB Architects, dated June 2010, subject to: File No. BBP 0008 1. Finalization of the plans to address the items specified in the letter attached as Appendix D to the satisfaction of the General Manager of Resort Experience; 2. Payment of any outstanding Blackcomb Permit application fees; 3. Modification of covenant GC116878 to reflect the improvements; and further That Council authorize the Mayor and Corporate Officer to execute the covenant modification. Business Enhancement That Council direct staff to amend the Five-Year Financial Plan 2010-2014 Bylaw No. Committee – Village 1934, 2010 to provide for additional Village Animation Programming in the amount of Animation $50,000, funded by 2% Hotel Tax. Report No. 10-080 File No. 8353 Fitzsimmons Creek That Council endorse the proposed Fitzsimmons Creek Compensation Plan within Compensation Project this report and as per the attached diagram. Report No. 10-082 File No. 517.9 Fitzsimmons Fan That Council support the proposed process within this report for public involvement Biodiversity Project in assessing options for the dedication of Fitzsimmons Fan that would protect the Report No. 10-083 shore bird and migratory birds that utilize this area. File No. 831.1 Forest & Wildland That Council approve the requested changes to the Forest & Wildland Advisory Advisory Committee Committee Terms of Reference as described in this report and the attached Terms of Terms of Reference Reference. Report No. 10-084 File No. 832 Amendment To Five- That Council amends the Five-Year Financial Plan 2010-2014 Bylaw No. 1934, 2009 Year Financial Plan For to provide for a transfer of unexpended 2009 Capital Funds, in the amount of Transfer Of Capital $33,000, into the 2010 budget. Funds Report No. 10-087 File No. 4815 Amendment To Five-Year That Council amends the Five-Year Financial Plan 2010-2014 Bylaw No. 1934, 2009 Financial Plan For to provide for an expenditure in the amount of $500,000, to be completely funded by Funding From UBCM the Union of British Columbia Municipalities. Report No. 10-088 File No. 4815 Regular Council Meeting Agenda August 17, 2010 Page 4 BYLAWS FOR FIRST READING Official Community Plan Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009 Amendment Bylaw (Material Extraction) No. The purpose of Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009 1931, 2009 is to amend the OCP to designate lands for material extraction. BYLAWS FOR SECOND READING Official Community Plan Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009 Amendment Bylaw (Material Extraction) No. The purpose of Official Community Plan Amendment Bylaw (Material Extraction) No. 1931, 2009 1931, 2009 is to amend the OCP to designate lands for material extraction. BYLAWS FOR FIRST AND SECOND READING Zoning Amendment Zoning Amendment Bylaw (Asphalt and Aggregate Processing) No. 1930, 2009 Bylaw (Asphalt and Aggregate Processing) The purpose of Zoning Amendment Bylaw (Asphalt and Aggregate Processing) No. No. 1930, 2009 1930, 2009 is to rezone land from RR1 to IP1 and to rezone land from IP1 to LCB1, and amend the IP1 zone to allow for asphalt processing. BYLAWS FOR FIRST, SECOND AND THIRD READINGS Air Quality Management Air Quality Management Bylaw No. 1946, 2010 Bylaw No. 1946, 2010 The purpose of Air Quality Management Bylaw No. 1946, 2010 is to regulate emissions from industrial operations. OTHER BUSINESS Clerks Note: 3371 Lakeside Road This property is owned by the Resort Municipality of Whistler. For several years the property Folio 006513.000 was rented and eligible for property taxes. In 2007 the building was deconstructed and the land used as parkland. As such it should have been exempt for the past 3 years but was taxed in error. In order to remove the taxes outstanding and for the province to reimburse the school tax we require a Provincial Order. BC Assessment will issue a Supplemental to remove the taxes for 2010. The outstanding amount for 2008 and 2009 totals $20,780.04 of which $13,763.37 is made up of Municipal taxes, fees, penalties and interest. Therefore That Council approves the write off of the outstanding taxes from 2008, and 2009 in the amount of $20,780.04 from folio 006513.000. CORRESPONDENCE Recognition for Jim Correspondence from Barrett Fisher, President and CEO of Tourism Whistler, Godfrey regarding recognition of Jim Godfrey’s contributions and achievements in his roles as File No. 3009 Chief Administrator and Executive Director of the 2010 Whistler Games Office for the Resort Municipality of Whistler Regular Council Meeting Agenda August 17, 2010 Page 5 Amendment to the Correspondence from Sylvie Raymond regarding an amendment to the disclosure Disclosure Statement – statement for a bike wash at The Falls at Cheakamus Crossing. Falls at Cheakamus Crossing File No. 3009 Asphalt Plant Rezoning Correspondence from Tina Symko regarding opposition to Official Community Plan and Air Quality Bylaws Amendment Bylaw (Material Extraction) No. 1931, 2009, Zoning Amendment Bylaw File No. RZ. 1025, 806 (Asphalt and Aggregate Processing)