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HomeMy Public PortalAboutRegular Open Council - 11 Mar 2013 - PdfTOWN OF OLIVER REGULAR OPEN COUNCIL MONDAY, MARCH 11, 2013 AT 7:00 PM Council Chambers AGENDA Page A. CALL TO ORDER B. ADOPTION OF AGENDA 1. Adoption of Agenda C. ADOPTION OF PRIOR MINUTES 5 - 8 1. Minutes of the February 25, 2013 Regular meeting 9 - 11 2. Minutes of the February 25, 2013 Public Hearing D. BUSINESS ARISING OUT OF PRIOR MINUTES E. COMMITTEE REPORTS 13 - 16 1. Minutes of February 25, 2013 Committee of the Whole meeting 2. Verbal Report from the Chairperson of the March 11, 2013 Committee of the Whole meeting F. WATER MATTERS G. BYLAWS 17 - 23 1. Zoning Amendment Bylaw 1330.05 - Bylaw and Public Hearing report attached - For receipt of Public Hearing report and adoption of bylaw 25 - 31 2. 5 Year Financial Plan Bylaw 1337 - Chief Financial Officer's report attached H. BUSINESS 33 - 35 1. Lakeside Drive Improvements - Municipal Manager's report attached 37 2. Sidewalk Frontage of Lots 2 & 3 Plan 4128 Lakeside Drive - Recommendation of Award - Engineer's report attached Regular Open Council of March 11, 2013 39 3. Tuc-El-Nuit Area Manhole Rehabilitation - Recommendation of Award - Engineer's report attached 41 - 42 4. Appointments to the Board of Variance - Planner's report attached 43 - 46 5. Casa Rio Phased Strata Development - Election not to Proceed with Phase 4 - Municipal Manager's report attached I. CORRESPONDENCE 47 - 58 1. Correspondence Report - Deputy Corporate Officer's report attached. J. REPORTS 59 1. Building Permit Report for the month of February 2013 - report attached 61 2. Oliver Fire Department report for the month of February 2013 - report attached 3. Councillor Mattes 4. Councillor Bennest 5. Water Councillor Miller 6. Water Councillor Machial 7. Councillor Doerr 8. Mayor Hovanes K. UPCOMING MEETINGS 1. Monday March 25, 2013 - 4:00 pm - Committee of the Whole Meeting Monday March 25, 2013 - 7:00 pm - Regular Meeting Monday April 8, 2013 - 4:00 pm - Committee of the Whole Meeting Monday April 8, 2013 - 7:00 pm - Regular Meeting Monday April 22, 2013 - 4:00 pm - Committee of the Whole Meeting Monday April 22, 2013 - 7:00 pm - Regular Meeting L. PUBLIC QUESTION PERIOD This is an opportunity for the audience to ask questions regarding matters discussed during the current meeting. 1. Page 2 of 61 Regular Open Council of March 11, 2013 M. ADJOURNMENT 1. Adjournment Page 3 of 61 Page 4 of 61 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, FEBRUARY 25, 2013 IN THE COUNCIL CHAMBER Present: Mayor Hovanes Councillors Larson, Doerr, Bennest, and Mattes Water Councillors Miller and Machial Staff: T. Szalay, Municipal Manager C. Garrish, Planner L. Schultz, Deputy Corporate Officer A CALL TO ORDER Mayor Hovanes called the meeting to order at 7:10 pm B ADOPTION OF AGENDA B-1 Adoption R-50/13 It was MOVED and SECONDED Remove: Bylaw 1337 (I-2) That the agenda be adopted as amended. CARRIED C ADOPTION OF PRIOR MINUTES C-1 Minutes of the February 12, 2013 Regular Meeting R-51/13 It was MOVED and SECONDED That the minutes of the February 12, 2013 Regular meeting be adopted as circulated CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None ITEM C. - 1. Page 5 of 61 Regular Open Minutes of February 25, 2013 E COMMITTEE REPORTS E-1 Minutes of February 12, 2013 Committee of the Whole meeting R-52/13 It was MOVED and SECONDED That the minutes of the February 12, 2013 Committee of the Whole meeting be received as circulated. CARRIED E-2 Verbal report from the Chairperson of the February 25, 2013 Committee of the Whole meeting Councillor Larson provided a verbal report on the items discussed during the Committee of the Whole meeting earlier in the day. F WATER MATTERS F-1 Water Quality Summary Report for January 2013 R-53/13 It was MOVED and SECONDED That the Water Quality Summary report for the month of January 2013 be received. CARRIED G DELEGATIONS & PETITIONS Presentation by Lori Motluk, Interior Health's Acute Area Director and Community Liaison, South Okanagan H DEVELOPMENT PERMIT/VARIANCE HEARINGS None I BYLAWS I-1 Zoning Amendment Bylaw 1330.05 - for third reading R-54/13 It was MOVED and SECONDED That Zoning Amendment Bylaw 1330.05 be read a third time. CARRIED ITEM C. - 1. Page 6 of 61 Regular Open Minutes of February 25, 2013 I-3 Board of Variance Bylaw 1338 - for adoption R-56/13 It was MOVED and SECONDED That the Town of Oliver Board of Variance Bylaw 1338 be adopted. CARRIED J BUSINESS None K CORRESPONDENCE K-1 Correspondence Report R-57/13 It was MOVED and SECONDED That the correspondence in the Council Reading File be received. CARRIED L REPORTS L-1 Building Permit Report for January 2013 R-58/13 It was MOVED and SECONDED That the Building Permit report for the month of January be received. CARRIED L-2 Councillor Bennest • Wednesday met with SOCC and OTA L-3 Water Councillor Miller • Today’s meetings L-4 Water Councillor Machial • Today’s meetings L-5 Councillor Larson • Hospital Tower meeting in Penticton L-6 Councillor Doerr • Queens Diamond Jubilee Presentations ITEM C. - 1. Page 7 of 61 Regular Open Minutes of February 25, 2013 L-7 Councillor Mattes • Met with Royal Lepage staff L-8 Mayor Hovanes • February 13th – Met with Remax staff • Met with Mary Kiviste – Adult Literacy • Public Works – Long Service Recognition Awards • Police Walk About • Met with Chamber and OTA • RDOS • Queen’s Diamond Jubilee Reception • Legion Remembrance Day Awards • Okanagan Portuguese Dinner and Dance M UPCOMING MEETINGS Monday March 11, 2013 – 2:00 pm – Joint Council/AAC Meeting Monday March 11, 2013 - 4:00 pm - Committee of the Whole Meeting Monday March 11, 2013 - 7:00 pm - Regular Meeting Monday March 25, 2013 - 4:00 pm - Committee of the Whole Meeting Monday March 25, 2013 - 7:00 pm - Regular Meeting N PUBLIC QUESTION PERIOD An opportunity was provided for the audience to ask questions regarding matters discussed during the current meeting. O ADJOURNMENT R-59/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 7:55 pm CERTIFIED AS CORRECT Mayor Deputy Corporate Officer ITEM C. - 1. Page 8 of 61 MINUTES OF A PUBLIC HEARING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, FEBRUARY 25, 2013 IN THE COUNCIL CHAMBERS Present: Mayor Hovanes Councillors Larson, Doerr, Bennest and Mattes Water Councillors Machial and Miller Staff: T. Szalay, Municipal Manager C. Garrish, Planner L. Schultz, Deputy Corporate Officer A CALL TO ORDER Chair Hovanes called the Public Hearing to order at 7:00 pm B STATEMENT OF THE CHAIR Chair Hovanes read the following Statement of the Chair: This Public Hearing is being held pursuant to Section 890 of the Local Government Act in order to consider Zoning Amendment Bylaw 1330.05. The purpose of Zoning Amendment Bylaw 1330.05 is to address an issue that has arisen following the adoption of Zoning Bylaw 1330 on September 6, 2012. Specifically, the current use of the property for a “restaurant” (i.e. Firehall Bistro) and ancillary residential unit were rendered legally non-conforming (i.e. no longer permitted in the zone), while a number of other uses previously permitted under Zoning Bylaw 720 were removed. This amendment is also to initiate a textual amendment to the definition of “height” so that it is calculated from finished grade as opposed to natural grade, and an amendment to the definition of “base elevation”. Copies of reports and correspondence received related to Zoning Amendment Bylaw 1330.05 have been available for viewing at the Town office during the required posting period and are now available for viewing at the back table. All persons present at this hearing who believe that their interest in property is affected by the passage of Zoning Amendment Bylaw 1330.05 will be given an opportunity to be heard or to present submissions on the proposed Bylaw after an initial summary by the consultant and Municipal Manager. If you wish to speak or make a submission this evening concerning Zoning Amendment Bylaw 1330.05, at the appropriate time, please address Council by first CLEARLY stating your name and address for the record. Please limit your submission to 5 minutes and do not rise to speak a second time until all others have been provided an opportunity to be heard. After 5 minutes you will be asked to sit down to await your ITEM C. - 2. Page 9 of 61 Public Hearing Minutes of February 25, 2013 opportunity to speak a second time if you wish to continue your submission, and I expect – for the sake of providing others an equal opportunity to be heard – that you will comply with my request. Please restrict your comments to matters contained in the bylaws and refrain from applause or other expressions of emotion during this public hearing so we may ensure as impartial a hearing as possible. No person will be discouraged or prevented from making his or her views known. Council members may ask questions of you following your presentation; however, the main function of Council members is to listen to the views of the public. It is not the function of Council at this public hearing to debate the proposed bylaws with individual citizens. After this Public Hearing is adjourned, Council members will not speak to the public on these bylaws until after they have been dealt with at a public meeting. C BYLAWS Zoning Amendment Bylaw 1330.05 - Textual Amendments & Rezoning of 6077 Main Street (Firehall Bistro site) - Information contained in Public Hearing binders and in Regular Agenda package Chris Garrish, Planner summarized his report D ADJOURNMENT Adjournment It was MOVED and SECONDED That the Public Hearing be adjourned CARRIED The Public Hearing was adjourned at7:09pm CERTIFIED AS CORRECT Chair Deputy Corporate Officer ITEM C. - 2. Page 10 of 61 Public Hearing Minutes of February 25, 2013 ITEM C. - 2. Page 11 of 61 Page 12 of 61 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE COUNCIL OF THE TOWN OF OLIVER HELD ON MONDAY, FEBRUARY 25, 2013 IN THE COUNCIL CHAMBERS Present: Chairperson Larson Mayor Hovanes Councillors Doerr, Bennest, and Mattes Water Councillors Miller and Machial Staff: T. Szalay, Municipal Manager D. Svetlichny, Chief Financial Officer L. Schultz, Deputy Corporate Officer A CALL TO ORDER Councillor Larson called the meeting to order at 4:01pm B ADOPTION OF AGENDA CW-26/13 It was MOVED and SECONDED • Add: 911 Updates through RDOS (Business 3) That the agenda be adopted as amended. CARRIED C ADOPTION OF COMMITTEE MINUTES C-1 Minutes of February 12, 2013 Committee of the Whole meeting CW-27/13 It was MOVED and SECONDED That the minutes of the February 12, 2013 Committee of the Whole meeting be adopted as circulated. CARRIED D BUSINESS ARISING OUT OF PRIOR MINUTES None E WATER MATTERS None ITEM E. - 1. Page 13 of 61 Committee of the Whole meeting minutes of February 25, 2013 F BYLAWS F-1 Update of Zoning Bylaw 1330 The Municipal Manager gave a brief background and the Planner summarized his report. CW-28/13 It was MOVED and SECONDED That the contract planner work with staff to address the various issues related to Zoning Bylaw 1330, generally as outlined in this report; and That staff schedule one or more special meetings with Committee of the Whole to discuss specific changes before the bylaw is presented to council for first reading. CARRIED It was MOVED and SECONDED That the Manager writes Urban Systems regarding concerns expressed by council and work and costs contemplated to correct deficiencies found in Bylaw 1330. CARRIED G BUSINESS G-1 Capital Budget - Reallocation to Operations The Chief Financial Officer summarized his report. CW-29/13 It was MOVED and SECONDED It is recommended that council instruct staff to transfer both 2012 actual and 2012 budgeted amounts for each of the below noted projects into the corresponding proposed operating ledger accounts. Recom menda tion Current Current Account 2012 2012 Proposed New Account # Name Budget Actual Account # Sewer Fund 1. 3-2-0010-000 40 HP Suction Evaluation 10,000 1,486 4-2-1000-745 General Fund 2. 1-2-2010-000 Tree Inventory/Health Project 13,800 13,708 Labour to 2-2-3228-500 Materials to 2-2-3228-700 3. 1-2-2011-000 Tree Root Damage - Tucelnuit 13,000 16,090 Labour to 2-2-3228-500 Materials to 2-2-3228-700 4. 1-2-2020-000 Downtown Fixture Painting 15,000 11,456 Labour to 2-2-3222-500 Materials to 2-2-3222-700 ITEM E. - 1. Page 14 of 61 Committee of the Whole meeting minutes of February 25, 2013 5. 1-2-2083-000 Water Testing Upgrades @ PW 10,000 10,095 Labour to 2-2-3160-500 Materials to 2-2-3160-630 6. 1-2-2102-000 PW Onsite Parking/Landscaping 5,500 5,209 Labour to 2-2-3161-500 Materials to 2-2-3161-700 7. 1-2-2108-000 Street Name Signs 16,000 4,677 Labour to 2-2-3260-500 Materials to 2-2-3260-700 8. 1-2-3006-000 Fire Department Radios 2,000 1,745 2-2-2480-738 9. 1-2-3026-000 RIT Bag 5,000 4,455 2-2-2480-738 CARRIED G-2 Siting of Federally-Licensed Medical Marijuana Production Facilities The Planner summarized his report CW-30/13 It was MOVED and SECONDED To continue to consider the cultivation of medical marijuana as an agricultural use, restricted to AG zones or requiring a site-specific zoning application from any potential proponent. CARRIED It was MOVED and SECONDED That the Manager be directed to contact the people and let them know that we are in fact open for business and would welcome an application for consideration. CARRIED G-3 911 Updates through the Regional District Okanagan Similkameen Mayor Hovanes gave a brief update on a discussion held at the RDOS Board meeting regarding 911 updates. H PUBLIC QUESTION PERIOD H-1 This is an opportunity for the audience to ask questions regarding matters discussed during the current meeting. ITEM E. - 1. Page 15 of 61 Committee of the Whole meeting minutes of February 25, 2013 I ADJOURNMENT CW-31/13 It was MOVED and SECONDED That the meeting be adjourned. CARRIED The meeting was adjourned at 4:55 pm CERTIFIED AS CORRECT Chairperson Deputy Corporate Officer ITEM E. - 1. Page 16 of 61 ITEM G. - 1. Page 17 of 61 ITEM G. - 1. Page 18 of 61 ITEM G. - 1. Page 19 of 61 ITEM G. - 1. Page 20 of 61 ITEM G. - 1. Page 21 of 61 ITEM G. - 1. Page 22 of 61 ITEM G. - 1. 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