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HomeMy WebLinkAbout2009-09-08 Adopted Regular Council Meeting Minutes.pdfDistrict of Maple Ridge COUNCIL MEETING September 8, 2009 The Minutes of the Municipal Council Meeting held on September 8, 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 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 F. Quinn, General Manager Public Works and Development Services J. Pickering, Director of Planning R. Riach, Acting Corporate Officer A. Gaunt, Confidential Secretary 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 Duane Goerzen, Maple Ridge Community Church 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA The agenda was approved as circulated. Council Minutes September 8, 2009 Page 2 of 17 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of July 28, 2009 R/09-364 Minutes Regular Council July 28, 2009 501 It was moved and seconded That the minutes of the Regular Council Meeting of July 28, 2009 be adopted as circulated CARRIED 502 Minutes of the Public Hearing of August 25, 2009 R/09-365 502 Minutes Public Hearing August 25, 2009 It was moved and seconded That the minutes of the Public Hearing of August 25, 2009 be received. CARRIED 503 Minutes of the Development Agreements Committee Meetings of July 21, 31, August 6(3), 7, 12(2), 13, 17, 26(2), 2009. R/09-366 503 Minutes Development Agmt It was moved and seconded Committee That the minutes of the Development Agreements Committee Meetings of July 21, 31, August 6(3), 7, 12(2), 13, 17, 26(2), 2009 be received. CARRIED Council Minutes September 8, 2009 Page 3 of 17 504 Minutes of the Audit and Finance Committee Meeting of August 31, 2009 R/09-367 Minutes Audit and Finance August 31, 2009 504 It was moved and seconded That the minutes of the Audit and Finance Committee Meeting of August 31, 2009 be received. CARRIED 600 PRESENTATIONS AT THE REQUEST OF COUNCIL -Nil 700 DELEGATIONS -Nil 800 UNFINISHED BUSINESS 801 Northumberland Court Update The Director of Licences, Permits and Bylaws gave a PowerPoint presentation providing an update on the progress of the Council imposed remedial order requirements for strata lots at 11701, 11709, 11715 and 11723 Fraser Street and outlining actions to be taken by staff to pursue the remedial action requirements. He advised that the cost of work done by the District on units at Northumberland Court will be borne by the property owner. R/09-368 Northumberland Court -Remedial Order It was moved and seconded WHEREAS Council of the District of Maple Ridge imposed a remedial action requirement in open meeting on April 14, 2009 on Mr. Jagdev Athwal in respect of ten strata lots known as Units #5, #6, #7 and #8, 11723 Fraser Street; Unit #10, 11709 Fraser Street; Units #13, #14 and #16, 11701 Fraser Street; Units #17 and #18, 11715 Fraser Street, all within Maple Ridge, British Columbia (the "Strata Lots"); WHEREAS Mr. Jagdev Athwal has failed to complete any or all of the actions required by the remedial action requirement imposed by Council on April 14, 2009 by the date specified for Council Minutes September 8, 2009 Page 4 of 17 compliance in the remedial action requirement in respect of the Strata Lots; NOW THEREFORE, the Council of the District of Maple Ridge, in open meeting assembled, resolved as follows: 1. THAT District staff take action in accordance with section 17 of the Community Charter and undertake the following actions required by the remedial action requirement imposed by Council on April 14, 2009 in respect of the Strata Lots; (a) repair and rehabilitate the Strata Lots to, in the opinion of the Manager of Inspection Services, ensure their safety and habitability in compliance with the standards specified in the District of Maple Ridge Building Bylaw No. 6180-2003, the District of Maple Ridge Fire Prevention Bylaw No. 4111-1988, the B.C. Building Code 2006, the Canadian Electrical Code Part 1, 2006, the 8-149.1-05 Natural Gas and Propane Installation Code, and the 8.C. Fire Code 2006, as identified in the Manager of Inspection Services Report dated February 16, 2009 and the Fire Chief's Report dated March 9, 2009; at the expense of Mr. Jagdev Athwal. CARRIED 900 CORRESPONDENCE-Nil 1000 BY-LAWS Note: Items 1001.1 and 1001.2 are from the Public Hearing of August 25, 2009 Bylaws for Second and Third Readings 1001 RZ/107 /05, 117 44 236 Street 1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 6603-2008 To amend the conservation area. Second and third readings Council Minutes September 8, 2009 Page 5 of 17 R/09-369 RZ/107 /05 BL No. 6603-2008 It was moved and seconded Second and third That Bylaw No. 6603-2008 be given second and third readings. CARRIED 1001.2 Maple Ridge Zone Amending Bylaw No. 6604-2008 To rezone from RS-3 (One Family Rural Residential) to RS-id (One Family Urban [Half Acre] Residential) and R-3 (Special Amenity Residential District) to permit development of one RS-id lot and one R-3 lot to be further subdivided into 8 lots. R/09-370 RZ/107/05 BL No. 6604-2008 It was moved and seconded Second and third That Bylaw No. 6604-2008 be given second and third readings. CARRIED Bylaws for Final Reading 1002 RZ/104/07, 11224 236 Street Maple Ridge Zone Amending Bylaw No. 6599-2008 Staff report dated August 31, 2009 recommending final reading To rezone from RS-3 (One Family Rural Residential) to R-3 (Special Amenity Residential District) to permit a 29 lot subdivision Final reading R/09-371 RZ/104/07 BL No. 6599-2008 It was moved and seconded Final reading That Bylaw No. 6599-2008 be adopted. CARRIED Council Minutes September 8, 2009 Page 6 of 17 COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE Minutes -August 31, 2009 R/09-372 Minutes cow August 31, 2009 It was moved and seconded That the minutes of the Committee of the Whole Meeting of August 31, 2009 be received. CARRIED Public Works and Development Services 1101 RZ/094/08, 22313 124 Avenue, RS-1b to RT-1 Staff report dated July 31, 2009 recommending that Maple Ridge Zone Amending Bylaw No. 6678-2009 to permit the development of a duplex be given first reading and be forwarded to Public Hearing. R/09-373 RZ/094/08 BL No. 6678-2009 It was moved and seconded First reading 1. That Bylaw No. 6678-2009 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading: i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Removal of the existing building/s; iii. A Restrictive Covenant for the duplex design and landscaping must be registered at the Land Title Office; Council Minutes September 8, 2009 Page 7 of 17 iv. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations; v. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject land. CARRIED 1102 RZ/041/09, 12905 and 12930 246 Street, RS-3 to RS-2 Staff report dated August 18, 2009 recommending that Maple Ridge Zone Amending Bylaw No. 6683-2009 to permit the subdivision of four suburban residential single family lots be given first reading and be forwarded to Public Hearing. R/09-374 RZ/041/09 BL No. 6683-2009 It was moved and seconded First reading 1. That Bylaw No. 6683-2009 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading: i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development. CARRIED Councillor King, Councillor Speirs -OPPOSED Council Minutes September 8, 2009 Page 8 of 17 1103 RZ/04 7 /09, 22207 Brown Avenue, RT-1 and RS-1 to RM-2 Staff report dated August 13, 2009 recommending that Maple Ridge Zone Amending Bylaw No. 6681-2009 to permit construction of a supportive housing proposal with 46 units in a 4-storey wooden framed structure be given first reading and be forwarded to Public Hearing. The General Manager of Community Development, Parks and Recreation Services advised on the reason for the exclusion of balconies for the facility and on the area provided for those occupants who smoke. R/09-375 RZ/047/09 BL No. 6681-2009 It was moved and seconded First reading 1. That Bylaw No. 6681-2009 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation; ii . Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; iii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iv. A landscape plan prepared by a Landscape Architect must be submitted including the security to do the works; v. Registration of a Restrictive Covenant protecting the Visitor Parking; vi. Registration of a Restrictive Covenant restricting the land and structure for "Supportive Housing" use; vii. Registration of a statutory right-of-way agreement on the lands to the east (22225 Brown Avenue), Lot: 1, D.L.; 399, Plan: LMP27702; PID: 023-379-278, for access to the four at grade parking stalls. CARRIED Council Minutes September 8, 2009 Page 9 of 17 1104 RZ/096/06, 1177 4 and 11756 236 Street, First Extension Staff report dated August 6, 2009 recommending that a one year extension be granted for rezoning application RZ/096/06 to permit development of 11 single family lots and 1 duplex lot. R/09-376 RZ/096/06 One Year Extension It was moved and seconded That a one year extension be granted for rezoning application RZ/096/06 and that the following conditions be addressed prior to consideration of final reading: a. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement: b. Amendment to Schedule "B" and "C" of the Official Community Plan; c. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; d. Road dedication as required; e. Removal of the existing buildings; f. A Restrictive Covenant for the duplex design must be registered at the Land Title Office; g. Park dedication as required. CARRIED 1105 DVP/087 /07, 23940 118 Avenue Staff report dated August 13, 2009 recommending that the Corporate Officer be authorized to sign and seal DVP/087 /07 to vary the requirement to convert to underground wiring fronting the proposed R-1 zone and for retention of the Telus plant across the frontage of the property on 118 Avenue. The Acting Corporate Officer advised that no correspondence was received on this item. Council Minutes September 8, 2009 Page 10 of 17 R/09-377 DVP/087/07 Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal DVP/087 /07 respecting property located at 23940 118 Avenue. CARRIED 1106 DP/DVP/023/09, 11900 Haney Place Staff report dated August 19, 2009 provided for information and recommending that the Corporate Officer be authorized to sign and seal DVP/023/09 to reduce minimum required heights of a commercial building under the C-3 zone and further that the Corporate Officer be authorized to sign and seal DP/040/06 to permit construction of a 2 storey commercial building intended for use as a financial institution. The Acting Corporate Officer advised that no correspondence was received on this item. The Director of Planning reviewed a legal opinion pertaining to development permits and development variance permits. R/09-378 DP /DVP /023/09 Sign and seal It was moved and seconded That the staff report dated August 19, 2009 be received as information; That the Corporate Officer be authorized to sign and seal DVP/023/09 respecting property located at 11900 Haney Place; and further That the Corporate Officer be authorized to sign and seal DP/023/09. Council Minutes September 8, 2009 Page 11 of 17 R/09-379 DP /DVP /023/09 Amendment DEFEATED It was moved and seconded That as a condition of DVP/023/09, the Selkirk Street right of way be dedicated as road. AMENDMENT DEFEATED Mayor Daykin, Councillor Ashlie, Councillor Dueck, Councillor Hogarth, Councillor Morden -OPPOSED MOTION GARRED Councillor King, Councillor Speirs -OPPOSED 1107 DP/DVP/049/09, 11224 236 Street Staff report dated August 19, 2009 recommending that the Corporate Officer be authorized to sign and seal DVP/049/09 to reduce minimum required lot depth in the R-3 zone and further that the Corporate Officer be authorized to sign and seal DP/049/09 in support of a 29 lot subdivision. The Acting Corporate Officer advised that no correspondence was received on this item. R/09-380 DP /DVP /049/09 Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal DVP/049/09 respecting property located at 11224 236 Street; and further That the Corporate Officer be authorized to sign and seal DP/049/09. CARRIED Council Minutes September 8, 2009 Page 12 of 17 1108 Award of Contract, Management of Bus Benches 2009-2014 Staff report dated August 10, 2009 recommending that Contract E02-036- 008 -Management of Bus Benches 2009-2014, be awarded to Key-Bench Advertising Ltd. and that the Corporate Officer be authorized to sign and execute the contract. R/09-381 Award of Contract Management of Bus Benches Sign and execute It was moved and seconded That Contract No. E02-036-008 -Management of Bus Benches 2009-2014, be awarded to Key-Bench Advertising Ltd.; and That the Corporate Officer be authorized to sign and execute the contract. CARRIED 1109 Excess Capacity/Extended Services Agreement LC 136/09, 20252 Patterson Avenue Staff report dated August 21, 2009 recommending that Latecomer Charges be imposed and that the Corporate Officer be authorized to sign and seal Latecomer Agreement LC 136/09. R/09-382 Latecomer Agreement LC 136/09 It was moved and seconded That with respect to the development of lands located at 20252 Patterson Avenue, be it resolved: 1. That the cost to provide the excess or extended services is, in whole or in part, excessive to the municipality and that the cost to provide these services shall be paid by the owner of the land being developed, 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 August 21, 2009, and further Council Minutes September 8, 2009 Page 13 of 17 3. That the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer Agreement LC 136/09 with the developer of the said lands. CARRIED 1110 Terry Fox Run , Use of Streets Staff report dated August 7, 2009 recommending that the use of municipal streets be authorized for the Terry Fox Run on Sunday, September 13, 2009. R/09-383 Use of Streets Terry Fox Run It was moved and seconded That use of municipal streets be authorized for the Maple Ridge/Pitt Meadows Terry Fox Run on Sunday, September 13, 2009, provided the conditions outlined in Schedule 'A' attached to the staff report dated August 7, 2009 are met. CARRIED 1111 St. Patrick's School Walk-a-thon Staff report dated August 7, 2009 recommending that use of municipal streets be authorized for the St. Patrick's School Walk-a-thon on Friday, October 9, 2009. R/09-384 Use of Streets St. Patrick's School It was moved and seconded Walk-a-Thon That use of municipal streets be authorized for the St. Patrick's School Walk-a-thon on Friday, October 9, 2009, provided the conditions outlined in Schedule 'A' attached to the staff report dated August 7, 2009 are met. CARRIED Council Minutes September 8, 2009 Page 14 of 17 Financial and Corporate Services (including Fire and Police) 1131 Adjustments to 2009 Collector's Roll Staff report dated August 12, 2009 submitting information on changes to the 2009 Collector's Roll through the issuance of Supplementary/PMS Roll 05. For information only. No resolution required. 1132 Fee for Service Agreement -Tourism Maple Ridge-Pitt Meadows Staff report dated August 19, 2009 recommending that the 2009 Tourism Maple Ridge and Pitt Meadows Fee for Service Agreement be extended to the end of December 2009 and that the Corporate Officer to authorized to execute the agreement. R/09-385 Fee for Service Agreement 2009 Tourism It was moved and seconded That the 2009 Tourism Maple Ridge and Pitt Meadows Fee for Service Agreement in the amount of $8,750 for an annual total of $35,000 be extended to December 2009 and that the Corporate Officer be authorized to execute the agreement. CARRIED Community Development and Recreation Service -Nil Correspondence -Nil Other Committee Issues -Nil Council Minutes September 8, 2009 Page 15 of 17 1200 STAFF REPORTS 1201 Park Development at 2398 Street and 130A Avenue, Tender Award Staff report dated September 2, 2009 recommending that Clearwater Contracting Ltd. be awarded the tender for park construction at 2398 Street and 130A Avenue and that an increase to the budget for the project be approved. The General Manager of Community Development, Parks and Recreation Services advised on the latecomer charges for the site. R/09-386 Award of Tender Park Development It was moved and seconded 1. That staff be authorized to increase the existing budget by $73,250.00 with funds from Development Cost Charges; and 2. That staff be authorized to enter into an agreement with Clearwater Contracting Ltd. for the 239B-130A Avenue Park Development for $140,000.00. CARRIED 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL From the August 31, 2009 Closed Council Meeting Resolution No. R/09-C-070 -Remedial Orders Northumberland Court 1400 MAYOR'S REPORT Mayor Daykin attended meetings with various Provincial Ministers. He was a passenger on the last sailing of the Albion Ferry and on the RCMP Air One helicopter. He attended the portion of the World Police and Fire Games Triathlon at Whonnock Lake and the Royal Bank sponsored Maple Ridge Summer Reading Club medal awards. Council Minutes September 8, 2009 Page 16 of 17 1500 COUNCILLORS' REPORTS Councillor King Councillor King attended the Jazz and Blues Festival, the Farmers' Market and the last concert in the Music on the Wharf series. She also attended a Metro Vancouver Labour Relations Bureau meeting. She expressed appreciation over the response of residents in support of local libraries. Councillor Hogarth Councillor Hogarth reminded residents to be aware of safety as children are going back to school. Councillor Morden Councillor Morden attended the Honda Gold Wing Road Riders Association 2009 Region 'J' Rally. He reminded residents of the upcoming 12th Annual Art in the Park event. Councillor Dueck Councillor Dueck requested clarification on the elector approval process for the. cemetery and the 240th Street bridge. The General Manager, Corporate and Financial Services provided an explanation of the elector approval process. Councillor Speirs Councillor Speirs attended a Maple Ridge Community Heritage Committee meeting and assisted with tours of Municipal Hall for two visiting groups. He also attended 'BreastFest', an event to raise cancer awareness. Councillor Speirs encouraged residents to attend the 1st Annual Hoe Down for Hospice charity event and the upcoming Rotary Wine Festival. He acknowledged the passing of Mr. Aaron McBride, a teacher and patron of the community. Councillor Ashlie Councillor Ashlie attended the portion of the World Police and Fire Games Triathlon at Whonnock Lake and a Seniors' Networking meeting. She expressed concern over the impact of the strike at Extra Foods on local seniors. She also expressed the need for continued support for striking paramedics. Councillor Ashley encouraged residents to come out to the upcoming Terry Fox Run. She put forward her condolences to a District staff person in the loss of a family member. Council Minutes September 8, 2009 Page 17 of 17 Councillor Ashley advised that she had met with researchers from Simon Fraser University to discuss a research project being proposed seeking to build environmental education in Maple Ridge. The project developers will be looking for a letter of support from Council and Councillor Ashlie put forward a related motion. R/09-387 Letter of Support Research Program It was moved and seconded That the Mayor write a letter of support for the program of research outlined in the Environmental CURA proposal "Aligning Education and Sustainability in Maple Ridge, BC," submitted to SSH RC by researchers in the Faculty of Education, Simon Fraser University. CARRIED 1600 OTHER MATTERS DEEMED EXPEDIENT-Nil 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS -Nil 1800 QUESTIONS FROM THE PUBLIC -Nil 1900 ADJOURNMENT -8:35 p.m. Certified Correct R?'Riach, Acting Corporate Officer