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HomeMy WebLinkAbout2009-03-10 Adopted Regular Council Meeting Minutes.pdfDistrict of Maple Ridge COUNCIL MEETING March 10, 2009 The Minutes of the Municipal Council Meeting held on March 10, 2009 at 7:00 p.m. in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Mayor E. Daykin Councillor C. Ashlie Councillor J. Dueck Councillor A. Hogarth Councillor L. King Councillor M. Morden Councillor C. Speirs GUEST A. Bradley, Young Anderson Appointed Staff J. Rule, Chief Administrative Officer M. Murray, General Manager of Community Development, Parks and Recreation Services P. Gill, General Manager Corporate and Financial Services J. Pickering, Acting General Manager Public Works and Development Services C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Other Staff as Required B. McDonald, Director of Licences, Permits and Bylaws S. Cote-Rolvink, Manager of Inspection Services D. Spence, Fire Chief/Director of Safety Note: These Minutes are also posted on the Municipal Web Site at www.mapleridge.ca The meeting was filmed by Shaw Communications Inc. 100 CALL TO ORDER 200 OPENING PRAYERS Pastor Don Schuiling -Maple Ridge Baptist Church 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA The agenda was approved as circulated. Council Minutes March 10, 2009 Page 2 of 13 500 BUILDING AND FIRE SAFETY INSPECTION RES UL TS FOR THE FIRE DAMAGED BUILDING LOCATED AT 11731 FRASER STREET 501 Presentation of staff report dated February 23, 2009 regarding the fire damaged building located at 11731 Fraser Street The Director of Licences, Permits and Bylaws gave a PowerPoint presentation outlining the background and history of the fire damaged building at 11731 Fraser Street and giving a visual perspective of the state of the building. The Manager of Inspection Services spoke to the portion of the PowerPoint presentation highlighting the results of the building inspection and the deficiencies of the fire damaged building. The Fire Chief addressed the portion of the PowerPoint presentation dealing with fire inspection results. He spoke to the number of fires at the building and the danger of persons living in the fire damaged building as well as the fire hazard created by the building due to its close proximity to other residential buildings. He advised that should another fire occur in the damaged building, firefighters will not enter due to safety concerns. The Director of Licences, Permits and Bylaws reviewed the enforcement options presented in the staff report. The Corporate Officer advised that an e-mail was sent to the Director of Licences, Permits and Bylaws by Mr. Steve Creighton, Court Appointed Administrator of the strata. Mr. Creighton asked the Director to forward it to Mayor and Council for this meeting. The Corporate Officer read the e-mail. 502 Presentations by affected property owners, occupants and charge holders (5 minutes each) Maryanne Jones Ms. Jones asked why the insurance company will not handle the dismantling of the fire damaged building. She advised that she has paid strata dues which should have covered the insurance and wondered who had collected on the insurance. The Chief Administrative Officer advised that this question should be answered by the insurance company. Council Minutes March 10, 2009 Page 3 of 13 Jack Athwal Mr. Athwal provided an explanation of the process he has followed in dealing with the fire damaged building. He expressed concern that the court appointed administrator is impeding the progression of an insurance settlement, that District staff have created a problem in recommending Mr. Creighton as the Court appointed administrator and that the municipality is interfering with a private organization. He advised that he is willing to put money into the fire damaged building and requested that the power to deal with the building be returned to the owners. Mayor Daykin clarified that the administrator for the strata was Court appointed. Michael Kwasnica Mr. Kwasnica expressed frustration with the time it was taking to make progress in dealing with the fire damaged building. He expressed that he felt that the court appointed administrator was working very slowly. He asked if the District brought in an engineer to evaluate the building. Mr. Kwasnica indicated that although any option chosen by the District will cost him money, as an owner, he preferred Option No. 2. 503 Presentations by the public (2 minutes each) John MacKenzie Mr. MacKenzie expressed his concern with the negative effects of the fire damaged building on the neighbourhood. He spoke to the efforts made by residents to clean up the neighbourhood and stated he would like to see the situation resolved as soon as possible. Tyler Ducharme Mr. Ducharme did not feel that the District wished to tear down the fire damaged building due to appearance. He stated that he supported Option 2 on the staff report which he felt will allow a precedent to be set for the District to refer back to should other similar situations come up in the future. Grover Telford Mr. Telford asked if Council will formulate a long term solution to the problems at Northumberland Court. He expressed his concern with the lack of cooperation shown by Mr. Athwal in resolving the issue of the fire damaged building and asked Council to commit to the clean up of the building for the safety of the community. Council Minutes March 10, 2009 Page 4 of 13 R/09-073 Fire Damaged Building 11731 Fraser St It was moved and seconded WHEREAS Division 12 of Part 3 of the Community Charter (the "Charter") authorizes Council to impose a remedial action requirement on the owner or owners of a building including a requirement to remove or demolish the building where: 1) Council considers that the building is in or creates and unsafe condition; 2) Council considers that the building contravenes the Provincial building regulations or a District bylaw under s. 8(3)(1) (buildings and other structures); and/or 3) Council declares the building is a nuisance; AND WHEREAS Jagdev Singh Athwal is the registered owner (the "Owner") of four strata lots in a building known as Units #1, #2, #3, and #4, 11731 Fraser Street, Maple Ridge, BC, and legally described as: o Strata Lot 1 District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1, o Strata Lot 2 District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1, o Strata Lot 3 District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1, o Strata Lot 4 District Lot 398 Group 1 New Westminster District Strata Plan NW8 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form 1; (the "Strata Lots"); AND WHEREAS the building containing the Strata Lots includes common property (the Strata Lots and the common property collectively being, the "Building") that is owned by Jagdev Singh Athwal, Sonia Athwal, Mary Ann Rose Jones, Michael John Kwasnica, Sean Douglas Myers and Regina Luise Council Minutes March 10, 2009 Page 5 of 13 Oemitzsch, as tenants in common in proportion to the unit entitlement of each of their strata lots as shown on form 1 filed with Strata Plan NW-8 ("The Owners, Strata Plan NW-8"); NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolves as follows: 1. THAT Council hereby considers that the Building located at 11731 Fraser Street, Maple Ridge BC, is in a hazardous condition, within the meaning of Section 73(2)(b) of the Charter, as a result of the Building contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988 and/or the BC Fire Code. 2. THAT Council hereby considers that the Building is in and creates an unsafe condition, within the meaning of Section 73(2)(a) of the Charter, as a result of the Building being insecure on numerous occasions over the past three years, the Building being damaged by fire and continuing to deteriorate and/or the Building contravening the District of Maple Ridge Building Bylaw No. 6180-2003, the BC Building Code, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, and/or the BC Fire Code. 3. THAT Council hereby declares that the Building is a nuisance, within the meaning of Section 7 4 (2) of the Charter, as Council considers the Building to be so dilapidated and unclean as to be offensive and pose a risk to the community. 4. THAT Council hereby requires pursuant to its remedial action powers under Part 3, Division 12 of the Charter that the Owner and The Owners, Strata Plan NW-8: a. demolish and remove the Building no later than sixty (60) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District to the Owner and The Owners, Strata Plan NW-8; b. erect a strongly constructed fence at least 1.5 meters tall around the area where the Building was formerly located immediately after the Building is demolished and removed and maintain the fence until the Council Minutes March 10, 2009 Page 6 of 13 requirement in s. 4(c) of this resolution has been complied with; and c. fill in and level any hole created by the removal of the Building no later than sixty (60) days after notice of this remedial action requirement under s. 77 of the Charter has been sent by the District to the Owner and The Owners, Strata Plan NW-8; (collectively, the "Remedial Action Requirement"). 5. THAT the District advise the Owner and The Owners, Strata Plan NW-8 that they may request that Council reconsider the Remedial Action Requirement by providing the District written notice within 14 days of the date on which notice under s. 77 of the Charter was sent and that if any or all of the actions required by the Remedial Action Requirement is not completed by the date specified for compliance, the District may take action in accordance with section 17 of the Charter and undertake any or all of the actions required by the Remedial Action Requirement without further notice to and at the expense of the Owner and The Owners, Strata Plan NW-8. CARRIED Councillor Hogarth -OPPOSED 600 ADOPTION AND RECEIPT OF MINUTES 601 Minutes of the Regular Council Meeting of February 24, 2009 R/09-074 Minutes Regular Council February 24, 2009 601 It was moved and seconded That the minutes of the Regular Council Meeting of February 24, 2009 be adopted as circulated. CARRIED Council Minutes March 10, 2009 Page 7 of 13 602 Minutes of the Development Agreements Committee Meetings of February 20, 23, 25(2), 27 and March 2, 2009. R/08-075 602 Minutes Development Agmt It was moved and seconded Committee That the minutes of the Development Agreements Committee Meetings of February 20, 23, 25(2), 27 and March 2, 2009 be received. CARRIED 700 PRESENTATIONS AT THE REQUEST OF COUNCIL -Nil 800 DELEGATIONS -Ni I 900 UNFINISHED BUSINESS -Nil 1000 CORRESPONDENCE -Nil 1100 BY-LAWS Bylaws for Final Reading 1101 RZ/006/08, 21102 Wicklund Avenue Maple Ridge Zone Amending Bylaw No. 6575-2008 Staff report dated February 27, 2009 recommending final reading To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family [medium density] Residential) to permit subdivision into 2 lots. Final reading R/09-076 RZ/006/08 BL No. 6575-2008 It was moved and seconded Final reading That Bylaw No. 6575-2008 be adopted. CARRIED Council Minutes March 10, 2009 Page 8 of 13 COMMITTEE REPORTS AND RECOMMENDATIONS 1200 COMMITTEE OF THE WHOLE Minutes -March 2, 2009 R/09-077 Minutes cow March 2, 2009 It was moved and seconded That the minutes of the Committee of the Whole Meeting of March 2, 2009 be received. CARRIED Public Works and Development Services 1201 Excess Capacity/Extended Services Agreement LC 133/09, 232 Street and Gilbert Drive Staff report dated February 11, 2009 recommending that Latecomer Charges be imposed and that the Corporate Officer be authorized to sign and seal Latecomer Agreement LC 133/09. R/09-078 Latecomer Agreement LC 133/09 It was moved and seconded That with respect to the subdivision of lands involved in subdivision SD 63/06 located at 232 Street and Gilbert Drive, be it resolved: 1. That the cost to provide the excess or extended services are, in whole or in part, excessive to the municipality and that the cost to provide these services shall be paid by the owners of the land being subdivided; and 2. That Latecomer charges be imposed for such excess or extended services on the parcels and in the amounts as set out in the staff report dated February 11, 2009; and further 3. That the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer Agreement LC 133/09 with the owner of the said lands. CARRIED Council Minutes March 10, 2009 Page 9 of 13 1202 Bylaw for Highway Closure & Dedication Removal for Portion of Undeveloped Road Dedicated on Plan BCP33856 (west of the 13800 Block of 232 Street) Staff report dated February 25, 2009 recommending that Maple Ridge Highway Closure and Dedication Removal Bylaw No. 6629-2008 to allow the closure of the highway and removal of the road dedication be repealed and that Maple Ridge Highway Closure and Dedication Removal Bylaw No. 6648-2009 be given first, second and third readings. R/09-079 BL No. 6629-2008 Repealed It was moved and seconded BL No. 6648-2009 Three readings That Bylaw No. 6629-2008 be repealed; and further That Bylaw No. 6648-2009 be given first, second and third readings. CARRIED Financial and Corporate Services (including Fire and Police) 1231 Disbursements for the Month Ended January 31, 2009 Staff report dated February 20, 2009 recommending that disbursements for January 2009 be approved. R/09-080 Disbursements January 2009 It was moved and seconded That the "disbursements as listed below for the month ended January 31, 2009 now be approved" General Payroll Purchase Card $ 8,642,112 $ 1,772,812 $ 135,434 $10.550,358 CARRIED Council Minutes March 10, 2009 Page 10 of 13 1232 Strategic Community Investment Funds Staff report dated February 26, 2009 recommending that the Corporate Officer execute the Strategic Community Investment Funds (SCI Funds) Agreement. R/09-081 Strategic Community Investment Funds It was moved and seconded That the Corporate Officer be authorized to execute the Strategic Community Investment Funds (SCI Funds) agreement. CARRIED Community Development and Recreation Service 1251 Reallocation of 2008 UBCM Grants Staff report dated February 24, 2009 recommending that staff be authorized to submit a request to the Union of British Columbia Municipalities (UBCM) to reallocate $55,000 of the 2008 UBCM Tourism Grant for projects outlined in the report. R/09-082 2008 UBCM Grants Reallocation It was moved and seconded That staff be authorized to submit a request to the Union of British Columbia Municipalities (UBCM) to reallocate $55,000 of the 2008 UBCM Tourism grant for projects outlined in the staff report dated February 24, 2009. CARRIED 1252 GEED Centre Lease Staff report dated February 25, 2009 recommending that the Corporate Officer be authorized to sign and seal the lease agreement with the GEED Centre Society. Council Minutes March 10, 2009 Page 11 of 13 R/09-083 CEED Centre Society Lease It was moved and seconded That the Corporate Officer be authorized to sign and execute the lease agreement with the CEED Centre Society for a period of 5 years, with an option to renew for one additional 5 year term for the nominal sum of $1.00 per year for the term of the lease agreement. CARRIED Correspondence -Nil Other Committee Issues -Nil 1300 STAFF REPORTS 1301 UBCM Built Environment & Active Transportation (BEAT) Community Planning Grant Staff report dated March 3, 2009 recommending that support and authorization be given for the submission of a BEAT Community Planning Grant application to be used for the development of an Active Transportation Plan. R/09-084 BEAT Community Planning Grant It was moved and seconded That support be given for a Built Environment & Active Transportation (BEAT) Community Planning Grant application for an Active Transportation Plan; and That staff be authorized to submit a BEAT Community Planning Grant application, valued at approximately $25,000 for an Active Transportation Plan; and further That if the grant is awarded, staff be directed to provide overall grant and financial management services for the project. CARRIED Council Minutes March 10, 2009 Page 12 of 13 1400 1500 1600 RELEASE OF ITEMS FROM CLOSED COUNCIL -Nil MAYOR'S REPORT Mayor Daykin attended a meeting of the Metro Vancouver Regional Planning Committee. He advised that the Committee was involved in the Livable Strategic Planning process and that sessions for public input will be scheduled toward the end of April or early May. He presented trophies at the 57th Fraser Valley Triple A Basketball Championships at Thomas Haney Secondary School. Mayor Daykin acknowledged Mr. Bob Thompson, who received the Maple Ridge Citizen of the Year Award from the Maple Ridge Community Foundation and thanked the RCMP Acting Officer in Charge for progress being made in the 224th area due to increased police enforcement. COUNCILLORS' REPORTS Councillor Hogarth Councillor Hogarth attended the Ridge Canoe and Kayak Club fundraising dinner and a Ridge Meadows Educational Foundation dinner. He reminded residents of the March 19 Chamber of Commerce Business Awards Dinner and encouraged all to look at the list of businesses nominated for an award. Councillor Dueck Councillor Dueck attended a training session for newly elected and returning councillors and mayors. She also attended the Ridge Meadows Educational Foundation dinner. Councillor Ashlie Councillor Ashlie attended the 3rd Annual Ridge Meadows Educational Foundation dinner and the Maple Ridge Community Foundation Citizen of the Years Awards dinner. She also attended meetings of the Youth Council , the Maple Ridge Social Planning Advisory Committee and the Maple Ridge Agricultural Advisory Committee. Councillor King Councillor King attended meetings of the Maple Ridge Agricultural Advisory Committee and the Maple Ridge Social Planning Advisory Committee. She participated in strategic planning meetings held by the Fraser Valley Regional Library Board. Council Minutes March 10, 2009 Page 13 of 13 1700 1800 1900 2000 Councillor Morden Councillor Morden attended the Maple Ridge Community Foundation Citizen of the Year Awards dinner. He attended meetings of the Ridge Meadows Seniors Society, the Ridge Meadows Recycling Society and the Downtown Maple Ridge Business Improvement Association. Councillor Speirs Councillor Speirs attended a meeting of the Maple Ridge Community Heritage Committee and meetings held by Municipal Insurance Association. He also attended the Maple Ridge Community Foundation Citizen of the Year awards dinner. He reminded all of the Rick Hansen Wheels in Motion dinner and dance at the Legion and encouraged residents to attend. OTHER MATTERS DEEMED EXPEDIENT-Nil NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS -Nil QUESTIONS FROM THE PUBLIC Tom MacKenzie Mr. MacKenzie commented on a newspaper article which indicated the District will consider raising the RCMP Inspector position to Superintendent and he felt this to be a wise decision. He expressed his appreciation for help given by Council with the issues at Northumberland Court. Michael Kwasnica Mr. Kwasnica requested clarification on Options 1 and 2 in regard to the clause referring to the 60 days to demolish. The Director of Licences, Permits and Bylaws indicated that the slide in the presentation mistakenly stated 30 days instead of 60 days. ADJOURNMENT -8:42 p.m. V Certified Correct C. Marlo, Corporate Officer