The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., July 12, 2004. Present: Mayor Michael Coleman; Councillors Mike Caljouw, Jenny Farkas, Sharon Jackson, Phil Kent, Geoff Maxwell and Ken Newcomb. Also Present: Paul Douville, City Administrator.
	His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Agenda	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the Agenda for the July 12, 2004 Council Meeting, with the movement of Delegations to immediately after Adoption of Minutes, be approved. Carried.
Adoption of Minutes	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the minutes of the June 28, 2004 Regular Council meeting be adopted. Carried.
	Delegations
Honourable Graham Bruce – FAS Award Presentation	Representing the Province of British Columbia, the Honourable Graham Bruce, MLA – Cowichan/Ladysmith, addressed Council and presented an award to the "Cowichan Valley Fetal Alcohol Syndrome Action Team Society". He said that this society is a coalition of parents, families and care providers. Their great work has resulted in the reduction in the numbers of Fetal Alcohol Syndrome Disorders (FASD) in infants in the Cowichan Valley. FASD is caused when women consume alcohol during their pregnancies. Mr. Bruce indicated that the work of the local society is a model for other communities throughout the province. The Honourable Graham Bruce then presented a $185,000 grant to the "Cowichan Valley Fetal Alcohol Syndrome Action Team Society" for their mentoring programs and all of their programs in an attempt to make our community FASD free. A representative of this society outlined all of the various programs under the auspices of their society and advised that they are developing a manual and a video for use by other societies throughout the province and perhaps throughout the country. She expressed sincere appreciation for the award and for the grant. She also reminded everyone to recognize "International FASD Day" on September 9, 2004. The delegates were thanked for their presentations and they left the meeting.
Pat Fafard – Peninsula Consumer Services CoOp	In recognition of their new business structures at 1007 Canada Avenue, Mayor Coleman presented a framed print of "Cowichan the First Arising" to Mr. Pat Fafard, the General Manager of Peninsula Consumer Services CoOp. Mr. Fafard thanked the Mayor & Council for this fine recognition and also thanked the Administrator and his staff for all of their assistance and professionalism during the construction process. Mr. Fafard also introduced their Local Manager, Mr. Dave Lessmeister. The delegates were thanked for their attendance and they left the meeting.
	Introduction of Late Items
Late Item	Mr. Douville asked that Council consider a letter from Mike Skene and Bob Isbister regarding a tennis camp in Centennial Park during August. Council agreed to do so.
	Public & Statutory Hearing
330 & 340 Festubert Street – C2 Density	His Worship Mayor Coleman advised the purpose of this Public Hearing was for Members of Council to hear all input regarding a proposed Zoning Bylaw Amendment and consider all facts presented. He asked the City Administrator whether all legal advertising and notifications were duly fulfilled for the subject matter before this Public Hearing and was advised that the requirements of the Local Government Act and Community Charter were fully met. For consideration was an amendment to the C-2 (Office Commercial) zone increasing the density from 70 units to 80 units per hectare for Lot 9, Block 9, Section 17, Range 6, Quamichan District, Plan 1063 & Lot B, Block 9, Section 17, Range 6, Quamichan District, Plan VIP54167 (330 & 340 Festubert Street). The applicant, Balbir Parhar, was present and did not make a presentation nor was he asked any questions. There were no letters or other presentations received.
Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 2, No. 1970, 2004	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT "Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 2, No. l970, 2004" be read for the third time. Carried.
	Report of Chief Administrative Officer
City Administrator's Report	Mr. Douville reported that preparations for the Summer Festival, which begins on Tuesday, July 13, are in full progress. He advised that the inflow and infiltration work, being noticed by the public on Trunk Road is proceeding well. Unfortunately, due to problems found with the sanitary sewer line on Trunk Road, some areas of the new pavement had to be removed in order that in-ground repairs could be made. He said that the road patching work would be done professionally.
	Unfinished Business
Gibbins Road Cellular Site	For consideration were letters dated May 13 & 18 and June 29, 2004 from and to Telus Mobility. Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Council agree to the following payment schedule for the "Third Renewal Term" (i.e. last renewal term before Right-of-Way will have to be renegotiated) of the Right-of-Way Agreement with BC Cellular Limited for their cellular antenna tower structure near the City water reservoir (i.e. 2.5% increase per annum): Present Rate October 1, 2003 – September 20, 2004 $672/month + GST 1. October 1, 2004 – Sept 30, 2005 $689/month + GST 2. October 1, 2005 – Sept 30, 2006 $706/month + GST 3. October 1, 2006 – Sept 30, 2007 $724/month + GST 4. October 1, 2007 – Sept 30, 2008 $742/month + GST 5. October 1, 2008 – Sept 30, 2009 $760/month + GST Carried.
	Correspondence
Just Jake's – Summer Festival Liquor License	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT as requested in the June 28, 2004 letter from Just Jake’s Restaurant, Council authorize the annual sidewalk café on Craig Street adjacent to Just Jake’s Restaurant (25 & 45 Craig Street), as outlined on the plan attached to the letter (60 seats), between 10:00 a.m. and 10:00 p.m. on July 16 and 17, 2004 subject to: The public area being used is covered by their public liability insurance policy (i.e. minimum of $2,000,000 per occurrence, with the City of Duncan being named as “an additional insured third party”); The City being saved harmless in writing from any and all possible liability claims; Provision of a $300.00 deposit that will be returned to Just Jake’s Restaurant if the site is left in a clean and undamaged condition. Carried.
Soccer Tournament – July 31 & August 1	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT as requested in their June 30, 2004 letter, Cornerstone Athletic Association be authorized to host a Soccer Tournament at the McAdam Park Sports Field from 10:00 a.m. to 6:00 p.m. on July 31 & August 1, 2004 and to use the concession and washrooms building subject to the following terms and conditions: 1. Payment of $300.00 damage deposit, which will be returned if the park and facilities are left in an undamaged and clean condition. 2. Payment of the rental fees for July 31 & August 1 (i.e. $135.00/day x 2 = $270.00). 3. Peter Wynne & Cornerstone Athletic Association holding harmless the City of Duncan from any and all possible liabilities claims in writing. 4. The provision of liability insurance coverage with a minimum amount of $2,000,000. per occurrence and the City of Duncan being named as an “Additional Insured” party. A copy of the policy is to be provided to the City Administrator. Carried.
AVICC – Council Appointment Re: Policing Concerns	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT in response to the June 30, 2004 letter from the Association of Vancouver Island and Coastal Communities, the Council of the City of Duncan appoint Councillor Ken Newcomb as the representative to deal with policing concerns. Carried.
Tennis Camp – Centennial Park	For consideration was a letter dated July 12, 2004 from Mike Skene and Bob Isbister. Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT Council authorize Mike Skene and Bob Isbister to use one of the tennis courts at Centennial Park on Thursday evenings in August 2004 from 6:30 p.m. to 8:00 p.m. for a Tennis Camp for inner city youth (8-10 year olds) subject to: · Provision of a liability insurance policy for a minimum of $2,000,000 per occurrence naming the City of Duncan as an "Additional Insured Party" (a copy of the insurance certificate to be provided to the Administrator). · Provision of a sign on site for the information of members of the public, who may wish to use the tennis court, advising of the youth camp, the usage time and the fact they have the permission of the City of Duncan. · Provision of a letter to us stating that the City of Duncan will be held harmless from any and all possible liability claims in relation to this camp. · Provision of a $300.00 damage deposit, which will be returned to the applicants if the used area is left in a clean and undamaged condition. Carried.
	Reports of Committees, COTW & Commissions
	Finance Committee
Warrant No. 6 – 2004	Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT Warrant No. 05-2004 covering General Account cheque numbers 108109 – 108283 in the total amount of $463,186.65 - Payroll Account – Payroll #09 covering cheque numbers 3211-3217; & Direct Deposits in the amount of 31,302.66 - Payroll #10 covering cheque numbers 3218–3241; & Direct Deposits in the amount of 41,060.60 GRAND TOTAL . . . . . . $535,549.91 be ratified. Carried.
	For consideration were the notes of the July 5, 2004 Finance Committee Meeting.
Tax Rate – Farm Classification	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the City of Duncan amend its 2004 Tax Rates bylaw to include a tax rate for Class 9 – Farm; AND THAT the tax rate have a multiple of 1. Carried.
	Mayor Coleman said that a meeting is being arranged with the Honourable Graham Bruce, MLA – Cowichan/Ladysmith, regarding this issue.
	Public Works Committee
	For consideration were the notes of the July 5, 2004 Public Works Committee Meeting.
Speed Humps	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT in response to the petition received, two speed humps be installed on First Street between Jubilee Street and Centennial Park. Carried.
	Parking Management Advisory Committee
	For consideration were the notes of the June 9, 2004 meeting.
Parking Management Issues	Councillor Farkas advised that the Parking Advisory Committee is committed to a comprehensive or multi-pronged approach to parking management. She said that in reality we have sufficient parking in the downtown core to meet our needs for some time to come, but we need to manage it better to make sure it is used to its full potential. She then explained the rationale for the three recommendations before Council for their consideration.
	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the following three recommendations from the Parking Management Advisory Committee be referred to the Planning and Priorities Committee: Resolution No. l THAT Council monitor the effects of upcoming traffic changes to determine the impact on parking and determine if more land is required for off-street parking. Resolution No. 2 THAT Council examine better utilization of residential streets for parking, with areas adjacent to downtown being long-term commercial parking during the day and residential parking at night. Resolution No. 3 THAT Council consider hiring a way-finding expert to make recommendations for design and placement of directional signage for off-street parking. Carried.
Building Inspection/LAFC Report	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT the Building Statistics Report for June 2004, as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
2004 Property Tax Collections	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT the following report from the City Treasurer, regarding the 2004 property tax collections be received, the contents noted and filed: Property Taxes Levied 2004 $5,363,008 Taxes Collected by Due Date $5,074,169 Collection Rate 2004 94.6% Collection Rate 2003 92.9% Penalty Applied Outstanding 2004 $ 28,884 Penalty Applied Outstanding 2003 $ 39,188 Carried.
Joint Utilities Board	For consideration was a letter dated July 8, 2004 from the Joint Utilities Board. Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT as recommended by the Duncan/North Cowichan Joint Utilities Board, Council accept the following recommendation from the Assistant Municipal Engineer Clay Reitsma, regarding the issue of possible ammonia regulations for the JUB Lagoons: 1. Wait until December 2004 to see what the final Federal Government regulations look like. 2. If the final regulations requires that a pollution prevention (P2) plan be prepared, retain a consultant to perform an effluent assimilative capacity study to determine how much ammonia the receiving environment can assimilate without resulting in damage to the environment. 3. If the conclusions of the assimilative capacity study indicate that no harm is caused, make an application for a waiver. If the conclusions are that harm is being caused, then begin preparing a P2 plan. Carried.
Miscellaneous	Councillor Kent reported on the July 8, 2004 meeting of the Steering and Working Committees for the Trans Canada Highway Corridor Study. He advised that the consultant, John Steiner of Urban Systems, outlined their work plan noting that the projected completed date is year-end 2004. The consultant sought input and clarification from the Committee Members and a very fruitful meeting occurred. He also advised that the Ministry of Transportation representatives say that the Regional Traffic Advisory Committee will consider the results of the study, and if deemed appropriate, they will advise the Minister of Transportation accordingly. As an aside, Councillor Kent noted that the paving upgrades to the Trans Canada Highway through Duncan are to occur in 2006 or 2007. Councillor Kent also advised that the downtown and TCH area Design Guidelines should be available by the end of July. Councillor Caljouw advised that Mike Harold of Harold Engineering Ltd. has not completed the concept for the proposed City Square stage roof. However, Mr. Harold is still enthusiastic and said he would provide his concept as soon as possible considering that he has just opened an additional office in the Victoria area.
	Councillor Maxwell advised that he represented Council at the BC Bantam Provincial Girls Softball Championships recently held in Duncan. He said there were approximately 18 teams participating and the event was well attended and appreciated by the participants and their families and others who accompanied them. Councillor Newcomb advised that the Cowichan Centre Commission would be dealing with the Aquannis Centre report prepared by Vic Davies at a special meeting scheduled for July 15, 2004. Councillor Kent reported that there will be a "Heritage Strategic Planning Process Workshop" held on July 21. Members of the Heritage Advisory Committee, the Advisory Planning Commission and City Council have been invited to attend. Alistair Kerr of the Provincial Heritage Branch and Rick Goodacre of the BC Heritage Society will conduct the workshop. He advised that we are most fortunate to be receiving this free and professional input from these two gentlemen.
	Mayor Coleman reported on the following items: · The Canada Day festivities at the Cowichan Sportsplex on July 1 were most successful and well attended. · On July 4, he participated in the Lavender Festival in Maple Bay and presented awards. · On July 7, he, Councillor Maxwell and Mr. Douville attended the retirement function for Volunteer Firefighters John Campbell and Alvin Wallace, both who served the department for 27 years. · On July 8, he, Mayor Jon Lefebure, Mayor Jack Peake and Mary Marcotte, Chair – CVRD Board of Directors and many others attended a meeting regarding the Cowichan River and the recent low flow problems. He said the matter has been referred to the CVRD Board for consideration of establishing a Water Management Committee and providing their recommendations to the Provincial Government. · On July 10, the Cowichan Sportsplex 12-Hour Relay took place and was successful in raising in excess of $85,000. Premier Gordon Campbell was present for the finale and he was most impressed with the event. Fireworks were provided by Hayes Forest Service and the Stu Pitts Weight Loss Challenge came to a finale where approximately $40,000 was raised for this endeavour.
	Bylaws
Water Regulation Bylaw No. 1167, amendment Bylaw 1972, 2004	Movd. Councillor M. Caljouw Secd. Councillor S. Jackson THAT "Water Regulation Bylaw No. 1167, Amendment Bylaw 1972, 2004" be reconsidered, finally passed and adopted. Carried.
Equipment Replacement Reserve Fund Expenditure Bylaw No. 1973, 2004	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1973, 2004" be reconsidered, finally passed and adopted. Carried.
Off-Street Parking and Loading Bylaw No. 1556, 1988 Amendment Bylaw No. 1971, 2004	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT "Off-Street Parking and Loading Bylaw No. 1556, 1988 Amendment Bylaw No. 1971, 2004" be reconsidered, finally passed and adopted. Carried.
Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT Council give leave to Councillor Newcomb to introduce "Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004". Carried. Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004" be read for the first time. Carried. Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004" be read for the second time. Carried. Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Tax Rates Bylaw No. 1974, Amendment Bylaw, 2004" be read for the third time. Carried.
	Question Period
Questions from Council	The following items were raised and discussed: · Recyclables no longer need to be separated and can be placed in one container. · Recycling bags are available at City Hall. · The City Square bricks need to be cleaned of vehicle oil and other liquids and this work will occur. · The sound system at the Train Station and in Charles Hoey Park is favourably catching hold.
Congratulations – New MP Jean Crowder	Movd. Councillor J. Farkas Secd. Councillor S. Jackson THAT the Council of the City of Duncan express congratulations to our recently newly elected Member of Parliament Jean Crowder. Carried.
	New Business
OCP Review	It was agreed that the possible Official Community Plan review and the related Advisory Planning Commission process be discussed at the July 15 Planning & Priorities Committee Meeting.
Youth Activities	Councillor Newcomb asked whether the area south of Centennial Park and below the Government Street hill could be added to Centennial Park making the area more open and visible by the public. He said this area could also be used for sporting activities by all age categories in the community. It was noted that this area is First Nations Reserve Land and owned by locatees. Mayor Coleman said he would discuss this matter with Chief Harvey Alphonse.
Summer Festival	Mayor Coleman noted that Summer Festival activities are occurring this whole week and will have full day activities on July 16 and 17.
Special Council Meeting	Movd. Councillor G. Maxwell Secd. Councillor Ken Newcomb THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss personnel items; AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 – Local Government Act). Carried.
	At 8:45 p.m., City Council resolved into Special Meeting. At 9:10 p.m., the following motion was put:
	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Special Meeting of City Council rise; AND THAT this meeting do now adjourn. Carried.
	Michael Coleman Mayor Paul Douville City Administrator