Mayor Michael Coleman;

Movd. Councillor M. Caljouw

Secd. Councillor G. Maxwell

THAT the Minutes of the Regular Meeting of City Council held on June 26, 2000 be adopted.

As Chair of the Cowichan Community Centre Commission, North Cowichan Councillor George Seymour addressed Council regarding the proposed new Vancouver Island Regional Library, Cowichan Branch proposal. Councillor Seymour referenced the June 1, 2000 report prepared by Mr. Ron Austen, General Manager of the Cowichan Community Centre, entitled "Cowichan Valley Local Governments and Vancouver Island Regional Library Board Discussions/Resolutions 1996 – 2000 re: VIRL Proposed New Cowichan Branch Library".

Councillor Seymour said that all parties had previously agreed to the proposed stand-alone library at the Cowichan Community Centre.

Mayor Coleman said that City Council initially supported the new improved Library within the Community Centre building. He said City Council did not support the stand-alone site.

On a question from Council, Councillor Seymour advised that the four alternatives examined were the following:

• Totally within the existing Cowichan Community Centre building.
• Within the Community Centre with an addition.
• A stand alone building on the north-end of the parking lot on the west-side of the Community Centre building.
• A stand alone building in the parking lot where the Exhibition Band Shell exists.

Councillor Seymour noted that in 1996, investigations occurred as to whether this project should be produced by the public sector or the private sector. The decision apparently at that time was to go to a site in or near the Community Centre. It was noted that Developers have approached the Commission regarding other alternatives.

On another question from Council, Councillor Seymour said that if the new Library is to be completed by 2002, tenders for Architects would need to be called in the Fall of 2000. He noted that at present, the Library lease produces $30,000. per annum for the Community Centre and the new building would produce between $50,000. and $60,000. per annum for the Community Centre Commission. If these funds were lost, requisitions to local governments would likely increase. As an aside, he also noted that the projected lost parking is 12 to 16 spaces out of a total of 541 spaces.

Mayor Coleman said that Council would give the matter further consideration and report back to the Cowichan Valley Regional District at the earliest opportunity.

For consideration was a letter dated June 26, 2000 from the Cowichan Fringe Festival Society.

Movd. Councillor P. Kent

Secd. Councillor S. Jackson

THAT Council authorize the Cowichan Fringe Festival Society to use the Kenneth Street Parking Lot (next to the Elks) for Venue #2 for the 2000 Fringe Festival from September 17^th (Sunday) to September 24^th (Sunday), 2000 inclusive subject to:

• The Society securing public liability insurance for a minimum of $1,000,000 per occurrence and naming the City of Duncan as an "Additional Insured" on this policy
• The Society holding harmless the City of Duncan from any and all possible liability claims;

AND THAT the Commissionaires provide copies of this resolution and the attached June 26^th, 2000 letter from the Society to all of the businesses abutting this parking lot to advise them of this temporary arrangement;

AND THAT the vehicle owners who park on their private property at the south-end of the parking lot be provided with on-street parking passes for this week.

Carried.

For consideration was a letter dated June 26, 2000 from the Cowichan Fringe Festival Society.

Movd. Councillor S. Jackson

Secd. Councillor P. Kent

THAT Council proclaim September 17^th – 24^th, 2000 "Cowichan Fringe Festival Week" in the City of Duncan as requested in the June 26^th, 2000 letter from the Cowichan Fringe Festival Society;

AND THAT Council authorize the staging of the Cowichan Fringe Festival Parade on September 19^th, 2000 between 12:00 noon and 12:15 p.m. on the following route:

AND THAT Station Street between Canada Avenue and Craig Street, Craig Street between Station and Kenneth Streets and Kenneth Street between Craig and Jubilee Streets be closed to vehicular traffic from 12:00 noon to 12:15 p.m. on September 19^th, for this portion of the parade;

AND THAT Mayor Mike Coleman or his representative officially open the 2000 Cowichan Fringe Festival, immediately following the parade, in front of the tent venue on Kenneth Street.

For consideration was a letter dated June 29, 2000 from Lorern Stubbs, President, Broken Spur Diner Ltd.

Movd. Councillor S. Jackson

Secd. Councillor M. Caljouw

THAT Lorern Stubbs, President of the Broken Spur Diner Ltd., be authorized to add 28 inches (.7 m) of safety glass along the top of the 46 inch (1.2 m) high patio fence located in the front yard of 460 Trans Canada Highway.

Movd. Councillor S. Jackson

Secd. Councillor G. Maxwell

THAT the letter dated July 4, 2000 from the Green Door Society, regarding public works easements on the 126 Ingram Street property, be received and filed.

Carried.

Movd. Councillor E. Moon

Secd. Councillor S. Jackson

THAT the letter dated July 4, 2000 from First Call BC Advocacy Coalition For Children and Youth, wherein they provide an update on the Child Poverty Wake-up Call project, be received, the contents noted and filed.

BC Forest Discovery Centre – City Water

For consideration was a letter dated July 3, 2000 from the BC Forest Discovery Centre.

Movd. Councillor P. Kent

Secd. Councillor S. Jackson

THAT Council authorize the BC Forest Discovery Centre to borrow the City water tank truck for August 12 and 13, 2000 for the 5^th Annual Celebration of Steam as requested in the July 3, 2000 letter from the Centre (i.e. to supply exhibitors with water for their equipment) subject to:

• The BC Forest Discovery Centre holding harmless the City of Duncan from any and all possible liability claims relating to the use of the water tank truck.
• The Centre having their insurers name the City of Duncan as an "Additional Insured" on their liability and fire insurance policies.
• The Centre submitting a $500 damage deposit, which will be returned if the truck and equipment are returned in a clean and undamaged condition.
• The Centre agreeing to be responsible for the repair of any damage caused to the water tank truck while it is in their possession (i.e. greater than $500).

Movd. Councillor S. Jackson

Secd. Councillor M. Caljouw

THAT the production of a Damage Deposit Policy for loaned City items be referred to the Finance Committee.

Movd. Councillor S. Jackson

Secd. Councillor P. Kent

THAT the letter dated July 4, 2000 from the Cowichan Valley Regional District, regarding new waste disposal bans for recyclables, be postponed to the August 14, 2000 meeting of City Council.

Movd. Councillor P. Kent

Secd. Councillor M. Caljouw

THAT Council authorize the Duncan Business Improvement Area Society to use the City parking lot behind City Hall for Saturday, July 15 from Noon until 5:00 p.m. for a Summer Festival attraction (i.e. Capitals Hockey Team) as requested in their July 10, 2000 letter.

Carried.

For consideration were the following items:

• Letters dated June 7 and 8 and July 10, 2000 to and from Miles Phillips of Balance Consulting.
• Letter dated July 1, 2000 from Simon Charlie.
• Letter dated July 7, 2000 from Cowichan Tribes Chief Lydia Hwitsum.
• Letter dated June 12, 2000 from the District of North Cowichan.
• Letter dated June 21, 2000 from the Town of Ladysmith.
• Letter dated July 4, 2000 from the Honourable Ian Waddell, Provincial Minister of Small Business, Tourism and Culture.

Other than North Cowichan, who are still considering the matter, the other correspondents indicated support for the proposed upgrading of Simon Charlie’s property.

Movd. Councillor S. Jackson

Secd. Councillor M. Caljouw

THAT the Council of the City of Duncan support "In Principle" the efforts to make Simon Charlie’s property a tourist attraction and to beautify his property which is immediately adjacent to the Trans Canada Highway and near the south entrance to the City of Duncan.

Movd. Councillor E. Moon

Secd. Councillor G. Maxwell

THAT Warrant No. 06-00 covering General Account cheque numbers 101455 – 101601 in the total amount of . . . . . $482,459.48

Payroll Account

- Payroll #12 covering cheque

numbers 0229 – 0276 in the total

amount of . . . . . . . 36,120.65

- Payroll #13 covering cheque

numbers 0277 – 0302 34,376.77

GRAND TOTAL . . . . . . $552,956.90.

be ratified.

Mayor Coleman reported that on Canada Day (July 1), he participated in the Chemainus Parade and the celebrations at the Chesterfield Sports Complex.

For consideration were the notes of the June 21, 2000 Minutes of the Planning Committee meeting.

It was noted that correspondence on this subject was previously considered by City Council prior to the required legal advertising regarding Development Variance Permits. These letters were in opposition to the proposed 24-hour operation.

Also for consideration was a letter dated July 10, 2000 from Swissreal Investments, the owners of the Oasis Apartment building. In their letter they request that the 7-Eleven developers replace the fence between the two properties.

It was noted that laws cannot be made retroactive, noting that at present Wince’s Service could be open 24-hours per day and that the 7-Eleven could not be prohibited from doing likewise. It was also noted that one party cannot be held responsible for third parties who chose to do illegal activities. It was further noted that the 7-Eleven operators have indicated that an independent person will be employed to pick-up litter within a 4-block radius of the convenience store/gas bar.

Movd. Councillor S. Jackson

Secd. Councillor G. Maxwell

THAT for the new proposed 7-Eleven Convenience Store/Gas Bar at 1006 Government Street, Council approve of the following variances:

• The exterior side-yard setback along College Street be reduced from 4.5 m (14.76 ft) to .5 m (1.64 ft) to accommodate the existing gas bar canopy overhang.
• The rear-yard setback be reduced from

AND THAT the following provisions also apply:

• One of the parking spaces shown on their plan to be enlarged and designated as a loading zone 3m (9.8 ft) x 9m (29.5 ft).
• A minimum 1.5 metre (5 ft) high decorative fence to be provided on property lines adjoining the residential zoned properties (west and north property lines; there is an existing fence on the west property line).
• A 6.1 metre (20 feet) wide strip of property adjoining and running parallel with Government Street be designated by a covenant as a no-build area to allow for future road widening.
• The convenience store building is to have a trussed roof to match the roof on the gas bar canopy and Council is to approve the final design of the building and the signage.

Movd. Councillor S. Jackson

Secd. Councillor M. Caljouw

THAT for the proposed office commercial/residential development at 440 Whistler Street, Council approve of the following Development Permit Variances:

1. The existing lot size of 545.44 m² (5,871 ft²) be accepted noting the minimum lot size required in a C-2 Zone is 560 m² (6,028 ft²) for a shortfall of 14.56 m² (157 ft²).
2. Reduce the rear yard setback from 7.5 m (24.6 ft) to 6 m (19.7 ft).
3. Reduce the parking stalls from nine to eight subject to payment in lieu for this one parking stall of $8,000 (Bylaw No. 1784) and waive the requirement for one loading zone.
4. Reduce the width of the proposed parking stalls from 2.8 m (9.2 ft) to 2.49 m (8.2 ft) noting that the length of the parking stalls is correct at 5.8 m (19 ft) and that if Council insists on the 2.8 m width, one more parking space would be deleted for an additional charge of $8,000.
5. Permit direct access from and to the street for the parking spaces contrary to 4.7(b) of the Parking Bylaw since this is a "dead-end" street.
6. Permit the parking stalls to be right adjacent to the street, contrary to Section 4.5(c) of the Parking Bylaw which requires the parking spaces to be a minimum of 1m (3.2 ft) from the street.
7. That the 1m (3.2 ft) wide landscaping strip required by Section 5.3(c) of Landscaping Bylaw 1580 not be between the street and the parking spaces but be between the parking spaces and the building;

Carried.

Ms. Denise MacDonald of 435 Bundock addressed Council. She expressed concern regarding the number of variances being granted in light of all of the Bylaw requirements. She noted that there are a number of B & E’s occurring in this area and requested a 6-foot high fence between the proposed development and her property. She also requested that the large Cherry tree be removed since it attracts many transients and youths to trespass not only at 440 Whistler Street but also onto her property.

Graham Painter, owner of 440 Bundock, agreed that the Cherry tree should be removed.

Movd. Councillor S. Jackson

Secd. Councillor G. Maxwell

THAT the June 26, 2000 letter from the Cowichan Folk Guild, regarding the July 2000 Island Folk Festival, be received, the contents noted and filed.

Movd. Councillor S. Jackson

Secd. Councillor P. Kent

Movd. Councillor S. Jackson

Secd. Councillor M. Caljouw

THAT Council agree to have the Public Works Crew perform the following work at no charge regarding the "Art in the Alleyway Project" (i.e. between the Elk’s Club and Emerald Palace Restaurant) as requested in the June 22, 2000 letter from the Duncan Business Improvement Area Society (DBIAS):

• Wash, prepare and paint the walls with paint provided by the DBIAS
• Mount the 26 framed pictures on both walls of the Elks’ and Joga Manj buildings with attachments paid for by the DBIAS (Notes: anchored bolts to be used; the frames are currently in storage at the City yard).

Movd. Councillor M. Caljouw

Secd. Councillor P. Kent

THAT Council authorize the City Engineers, Stantec Consulting Ltd., to proceed with a $5,125.00 study to analyze the following exterior items of Duncan City Hall as outlined in the July 5, 2000 letter from Stantec:

• gutters
• window and door frames
• all sandstone and other surfaces above the 1.8m (6’)height from street level;

AND THAT the City bucket truck and the Fire Department ladder truck (i.e. with permission of the Fire Chief) be utilized to assist Stantec in this work;

AND THAT the resultant report include a design and a firm cost estimate for the required restorative work.

For consideration were the following items:

• Letter dated July 5, 2000 from RCMP Inspector Linton Robinson with proposed Letter of Agreement – Re: Extra Policing Costs – Duncan-Cowichan Festival Society.
• Letter dated June 30, 2000 from the Duncan-Cowichan Festival Society agreeing to pay these costs.

Movd. Councillor S. Jackson

Secd. Councillor G. Maxwell

THAT Council authorize execution of the Letter of Agreement attached to the July 5, 2000 letter from RCMP Inspector Linton Robinson for extra policing for the July 14 and 15, 2000 Summer Festival as requested by the Duncan-Cowichan Festival Society noting the following items:

• The Duncan Cowichan Festival Society will pay the cost of this extra policing (i.e. $1,200.00)
• The RCMP requires that such agreements be entered into with the respective local governments.

Movd. Councillor M. Caljouw

Secd. Councillor P. Kent

THAT Council accept the bid from Barry Phillips for the sum of $2,000.00 for the 1986 Ford E350 Telelift Bucket Truck as recommended by the Public Works Superintendent in his memo dated June 26, 2000.

Movd. Councillor G. Maxwell

Secd. Councillor S. Jackson

THAT the tender from Altec Industries in the amount of $62,370.00 plus taxes ($6,237.00) for the new bucket truck be accepted;

AND THAT the purchase be financed as follows:

Altec Bucket Truck Tender $ 62,370.00

Taxes after GST Rebate 6,237.00

Sale of Old Bucket Truck -2,000.00

$ 66,607.00

2000 Budget for Bucket Truck $ 62,000.00

Appropriation from Snow Plow/

Sander Budget 4,607.00

$ 66,607.00

Movd. Councillor S. Jackson

Secd. Councillor P. Kent

THAT "Advisory Planning Commission Bylaw 2000, 1900" be reconsidered, finally passed and adopted.

Movd. Councillor P. Kent

Secd. Councillor G. Maxwell

THAT "Development Approvals Procedures Bylaw No. 1901, 2000" be reconsidered, finally passed and adopted.

Movd. Councillor M. Caljouw

Secd. Councillor E. Moon

THAT "Water Regulation Amendment Bylaw 1902, 2000" be reconsidered, finally passed and adopted.

Movd. Councillor P. Kent

Secd. Councillor G. Maxwell

THAT Council give leave to Councillor Ernie Moon to introduce "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1903, 2000".

Carried.

Movd. Councillor M. Caljouw

Secd. Councillor G. Maxwell

THAT the "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1903, 2000" be read for the first time.

Carried.

Movd. Councillor E. Moon

Secd. Councillor P. Kent

THAT the "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1903, 2000" be read for the second time.

Carried.

Movd. Councillor S. Jackson

Secd. Councillor M. Caljouw

THAT the "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1903, 2000" be read for the third time.

Movd. Councillor M. Caljouw

Secd. Councillor S. Jackson

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

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

At 8:30 p.m., City Council resolved in Special Meeting.

Movd. Councillor M. Caljouw

Secd. Councillor G. Maxwell

THAT the Special Meeting of City Council rise;

AND THAT this meeting of City Council do now adjourn.

Carried.

Michael Coleman

Paul Douville