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May 22,2012 Regular Council

 
Committee of the Whole
 
Agenda                  Minutes
 
Report: Arts and Culture Committee dated May 14, 2012 File: 0360-20-43
 
Moved, seconded and CARRIED
THAT Council approve the Street Performers Program as presented;
AND THAT application/permit fees be returned to those performers who complete a feedback form at the end of the 2012 program year;
THAT the Arts and Culture Committee and staff report back at the end of 2013 on the successes and challenges of the Street Performers Program and provide additional recommendations at that time.
 
 
Public Hearing
 
Agenda               Minutes
 
 
File: 6700-20-101 / BL2923 / BL2922
“City of Port Moody Official Community Plan, 2010, No. 2849, Amendment Bylaw No. 5, 2012, No. 2922” a bylaw to amend the Official Community Plan to permit a terraced building height of 11 storeys.

“City of Port Moody Zoning Bylaw 1988, No. 1890, Amendment Bylaw No. 210, 2012, No. 2923” a bylaw to rezone Lots 17-20 in the 3000 block of Henry Street from Acreage Reserve (A1) to Comprehensive Development Zone 57 (CD 57) and Public Service (P1).

PUBLIC REPRESENTATIONS:
E-mail: David Spence, Port Moody, dated May 17, 2012
E-mail: C.E. Van Alstyne, Port Moody, dated May 17, 2012
E-mail: Kenn Lui, Port Moody, dated May 19, 2012
E-mail: C. E. Van Alstyne, Port Moody, dated May 20, 2012
E-mail: H. Mason, Port Moody, dated May 21, 2012
E-mail: Jagoda Kozikowska & Andreas Musil, Port Moody
E-mail: Anne MacKenzie, Port Moody, dated May 22, 2012
E-mail: Melissa Alapa-ap, Port Moody, dated May 22, 2012
E-mail: David and Aimee King, Coquitlam, dated May 22, 2012
E-mail: Ali Entezari, Applicant, North Van, dated May 22, 2012
 

Cliff Van Alstyne, 201-3001 Terra Vista Place, expressed concern regarding the process at the Land Use Committee, the process of first and second reading of the bylaws and with the location of the public hearing being far from the location of the proposed development, suggesting that these processes suggest that Council has already made up its mind about this application. He questioned the developer’s assumptions about traffic and the impact on the Middle School which abuts directly on this site. He expressed concern for the steep slope which will result in shedding of drainage northwards into the city and suggested that to sustain natural beauty and wildlife habitat, more geotechnical consideration needs to be given to this site. He noted that the benefits to traffic of the Evergreen Line and future Murray-Clarke Connector are not yet clear. He added that the financial benefits of this development to the city are lost in the type of cramped housing that is going to be provided. He concluded that he does not support increased densification, the project is too large to complement the neighbourhood and he does not believe the new residents will use the Evergreen Line because of the distance from the closest station.

Tim Ankenman, 1645 West 5th Avenue, Vancouver, representing the architects for the project noted he has other project professionals present to answer questions. He provided a PowerPoint presentation on the project. He outlined the location of the site relative to other housing in the area, noted there are creeks on both sides of the site which will not be disturbed, noted the consistency of this development with the previous OCP design charette held in the area a number of years ago, the history of preparation of this development proposal and the public consultation undertaken on this proposal. He pointed out architectural elements so the building will blend into the surrounding natural areas, amenities and streetscape elements and parkland dedication. He indicated the Smart Growth elements that have been included to create a complete community experience. He noted the commitment to LEED Silver equivalency and the features they are looking at to meet those LEED standards. He noted they are asking for a parking requirement relaxation based on studies that indicate adequate levels of parking. He indicated they would work with Moody Middle School which is proposed to be rebuilt and will do a joint construction management plan.
 
Neana Davidoff, 509- 3001 Terra Vista Place, expressed concerns with the proposed rooftop gardens as it is likely they will become neglected and weed infested, an untended eyesore and attract pests. She expressed the view that the Henry Street site is not the appropriate spot for this because of its proximity to the wildlife habitat.
 
Wendy Swalwell, 2129 Clarke Street, indicated she supports this development. She advised that some years ago the Moody Centre Community Association supported this development and suggested this is a preferred location for density rather than for example Clarke Street where there are heritage homes.
 
John Grasty, 311 Afton Lane, noted the change in demographics in Port Moody being a very young population compared to other areas in the province. Speaking as a realtor, he indicated that he hears from potential new purchasers who are young families and this is exactly the type of development they are looking for. He noted that there has been six years of consultation on this project and the development team has addressed safety, traffic, environmental and other concerns. If Port Moody does not address the need for density around rapid transit corridors, other governments may come in and require towers along St. Johns Street which would be very negative.
 
Jadoda Kozikowska, 3001 Terra Vista Place, indicated that she has been trying to sell her home for the past several months with zero interest. She indicated that she spends a lot of time in this forested area and appreciates the environmentally sensitive nature of this area which is very diverse and sustains animal and bird life. She suggested that this development does not belong in this area as it will create more wildlife and human conflict.
 
Denise Meiners, 213 -3033 Terra Vista Place, questioned some of the developers’ arguments in support of this application and expressed opposition to the project.
 
Daniel Martins, 5255 Hawthorn Drive, noted that those next door do not support this application however, from the city’s point of view this is a project that should go ahead. He noted that the building is very innovative.
 

Ann MacKenzie, 130- 3099 Terra Vista Place referred to a letter she submitted earlier and specifically the streamside protection area regarding both the streams and the wetland located on the north side of the property. She asked what the streamside protection will be noting that the wetland is connected to downstream fish habitat so questioned why there is no protection suggested for this area. She also expressed concern with the 15 m setback for the stream on the east side of the property.

G. Letz, Letz Environmental Consultant, on behalf of the proponent addressed the issue of the pond of water on the north side of the site noting that it does not meet the definition of wetland.

Moved, seconded and CARRIED
THAT Bylaw No. 2922 be forwarded to the June 12, 2012 Regular Council meeting for further consideration.
 
Moved, seconded and CARRIED
THAT Bylaw No. 2923 be forwarded to the June 12, 2012 Regular Council meeting for further consideration.
 
 
Regular Council
 
Agenda                   Minutes
 
 
1.2 Historical Highlight - Centennial
Verbal Report: Mayor Clay / File: 1914-85
 
The railroad has been a significant fact of life in Port Moody both historically and in today’s modern times.

When the World Exposition (or EXPO) took place in Vancouver in 1986, Port Moody hosted one of the off-site events. The Port Moody World Championship Handcar Races ran from June 28-30.

Historically, the handcar races have also been an interesting feature of our own Golden Spike Days festival.

The historic EXPO silver dollar is also significant to Port Moody. One side shows Engine 371 that pulled the first ocean to ocean passenger train into Port Moody in 1886; the other side celebrates the establishment of the City of Vancouver.

2. Public Input

Jenn Warner, Port Moody, spoke regarding the relocation of Centennial House to 126 Kyle Street noting it will be next door to her residence. She expressed concern that she had no prior information about this house relocation and questioned what the future of the building will be. She also expressed concern that this building will add to the parking problem in the area

Rebeka Breder, Port Moody, encouraged Council to pass the bylaw to ban shark fin products in the City of Port Moody.

David Ritcey, Port Moody, spoke with respect to the Centennial House relocation expressing disappointment with lack of information for the community. He suggested that the city go beyond the minimum communications standards on this as the community will want to be consulted as to future use.

Wendy Swalwell, Port Moody, indicated surprise regarding the Centennial House issue although she indicated she does think it is a good location for that building. She also spoke regarding parking issues on Clarke Street, noting that Evergreen Line construction workers are taking up all the parking in the area they were recently working in. She requested resident only parking along Clarke Street and that the city look at a cohesive resident only parking program across the city. She spoke in support of the food cart proposal for Rocky Point Park.

Robert Simons, Port Moody, spoke in support of Council cherishing Centennial House but questioned what the future plan is for that property, for example, will it be changed to commercial use or community use.

David Ritcey spoke again regarding parking congestion in the area of the Arts Centre and proposed location for Centennial House.

Peter Desniers, Port Moody, questioned why the city is moving the house suggesting the building could have been moved more forward on its current lot and still have room for the Evergreen Line alignment.

Jenn Warner spoke again indicating that the height of the Centennial House is a concern.

Delegation Application dated May 1, 2012 / File: 0230-01

Heather Stacey, Communication and Events Officer, and Philup, the Food Bank mascot, SHARE Family and Community Services, spoke to Council to promote the Tri-Cities food drive challenge taking place from June 1, 2012 to June 21, 2012, to raise food donations for the Share Food Bank, and to request that Council to consider hosting a food drive.

File: 4300-01

“City of Port Moody Business Licencing Bylaw, 1980, No. 1508, Amendment Bylaw No. 5, 2012, No. 2936” a bylaw to ban the trade, sale or distribution of shark fin products.

PUBLIC REPRESENTATIONS:

Ann Hulbert, Port Moody, asked why the fine amount was set at $500.00 and suggested that the amount should be higher.

Jeff Congram, Port Moody, thanked Council for their action on the shark fin ban that he suggested to Council in April.

Moved, seconded and CARRIED
THAT Bylaw No. 2936 be now adopted.

“City of Port Moody Municipal Ticket Information Utilization Bylaw, 2012, No. 2938” a bylaw to ban the trade, sale or distribution of shark fin products.

Moved, seconded and CARRIED
THAT a copy of Bylaw 2936 and related material be forwarded to all municipalities in British Columbia through the UBCM network.
 
Moved, seconded and CARRIED
THAT staff draft a UBCM resolution for Council consideration to request that the provincial government adopt provincial legislation on this topic.

Moved, seconded and CARRIED
THAT Bylaw No. 2938 be now adopted.

Report: Development Services, Planning Division dated May 22, 2012
E-mail: Judy Taylor-Atkinson dated May 15, 2012
E-mail: Jonathan Lowther and Kate Saunders dated May 15, 2012
File: 3060-20-88 / 3090-20-101
 
Moved, seconded and CARRIED
THAT staff be authorized to issue Development Permit No. 2012-88 subject to the required documentation and final plans having been submitted to the satisfaction of staff and that the Mayor and Clerk be authorized to execute the necessary legal documents in support of this application.

THAT the Development Variance Permit No. 2012-101be issued subject to the required documentation and final plans having been submitted to the satisfaction of staff and that the Mayor and Clerk be authorized to execute the necessary legal documents in support of this application.

Voting against: Councillors Dilworth, Glumac

Report: Development Services, Planning dated May 22, 2012 / File: 0360-20-03
 
Moved, seconded and
THAT the City of Port Moody enter into a pilot project in which food vendors are invited to provide food services in Rocky Point Park from July 8 to August 27 in accordance with alternative #1 outlined in the May 22, 2011 Development Services report, namely, inviting local vendors and the established network of Vancouver food vendors with local vendors being given priority.
Voting against: Councillor Nuttall
 
Moved, seconded and DEFEATED
THAT the foregoing motion be amended by adding:
“AND THAT vendors be required to use compostable cutlery and serveware.”
Voting against: Councillors Dilworth, Elliott, Nuttall
 
The question on the main motion was put and CARRIED
Voting against: Councillors Glumac, Royer
 
Moved, seconded and CARRIED
THAT staff report back on including a pilot project for waste stream provisions for compostables in Rocky Point Park during the summer concert series and the staff report address the involvement of the Youth Focus Committee as volunteers to assist with implementation.

4.5 Development Variance Permit Application 2012-102 for the Relocation of the Centennial House to 126 Kyle Street

Report: Development Services – Planning dated May 14, 2012
File: 3090-20-102
 
Moved, seconded and
THAT Development Variance Permit No. 2012-102 for the proposed relocation of the Centennial House to 126 Kyle Street as outlined in the Development Services report dated May 14, 2012 be issued subject to the submission of final plans to the satisfaction of staff;
AND THAT the Mayor and Clerk be authorized to execute the necessary legal documents required in support of this application;
AND THAT the fees and bonding associated with the building relocation be waived.
 
Moved, seconded and DEFEATED
THAT the foregoing motion be amended by adding the following to the first clause:
“Subject to the Development Variance Permit being amended to delete the variance that would reduce the exterior side yard setback from 3.0 metres (9.8 ft.) to 0 metres.”
Voting against: Councillors Dilworth, Glumac, Nuttall, Royer
I proposed this amendment so that the setbacks would conform to the character of the residential neighbourhood which requires these setbacks.
 
Question on the main motion was put and CARRIED
Voting against: Mayor Clay, Councillor Royer
I voted against this as I believe the proper location for this house is either on the Kyle Centre Property (125 Kyle) or Adjacent to the Arts Centre on St Johns.
 
Report: Development Services – Planning dated May 16, 2012 /File: 6700-20-102 / BL2929 / BL2928

“City of Port Moody Official Community Plan Bylaw 2010, No. 2849, Amendment Bylaw No. 7, 2012, No. 2929” a bylaw to facilitate the development of a mixed use project at 2713-2725 Clarke Street.

Moved, seconded and DEFEATED
THAT Bylaw No. 2929 be now read a first time.
Voting against: Mayor Clay, Councillors Glumac, Nuttall
 
Moved, seconded and CARRIED
THAT the meeting continue beyond 10 pm.

 

Report: Development Services – Planning dated May 16, 2012 / File: 6720-20-46

Councillor Dilworth left the meeting at 10:02 pm

Moved, seconded and CARRIED
THAT the Mayor and Clerk be authorized to execute the necessary legal documents required in support of this request and that staff be directed to register the modification agreement to Covenant BA362558 as outlined in the Development Services report dated May 16, 2012.

 

E-mail: Peter Dasnieres dated May 3, 2012 / File: 0550-10

Councillor Dilworth returned to the meeting at 10:03 pm

Moved, seconded and CARRIED
THAT resident only parking be established for residents of 2123 and 2125 Clarke Street and staff report back with details. 
 
Report: Community Services, Parks and Environmental Services dated May 14, 2012 / File: 5280-135-10
 
Moved, seconded and DEFEATED
THAT Council support the proposed Guidelines for Wildlife Resistant Containers for Garbage and Recycling;

AND THAT staff be directed to update the Official Community Plan Development Permit Guidelines as part of the Official Community Plan process to ensure that Wildlife Resistant Containers and Enclosures are required for all new Residential, Commercial, Industrial and Institutional Uses within the City;

AND THAT staff be directed to focus a public education outreach at existing commercial properties to provide information on bear resistant containers.

THAT staff be directed to prepare a Wildlife Attractant Bylaw for consideration by Council at a later date.

THAT a one-time budget of $3,000 for additional public education outreach and an additional annual budget request for $5,000 for bylaw resources to support inspections and bylaw enforcement for wildlife attractants be included in the 2013-2017 operating budget deliberations.
Voting against: Mayor Clay, Councillors Dilworth, Nuttall

Report: Community Services dated May 14, 2012 / File: 8160-01
 
Moved, seconded and CARRIED
THAT the Community Services report dated May 14, 2012, titled Electricity Generating Bicycles, be received for information.
 
E-mail: Public Works, dated March 26, 2012 / File: 0630-01
 
Moved, seconded and CARRIED
THAT May 25, 2012 be proclaimed Public Works Day.
 
Letter: SPARC BC, dated May 8, 2012 /File: 0630-01
 
Moved, seconded and CARRIED
THAT June 2, 2012 be proclaimed Access Awareness Day.
 
E-mail: Fraser Basin Council / File: 3360-01
 
Moved, seconded and CARRIED
THAT staff investigate the Fraser Basin Council grant opportunity for electric charging stations and report back to Council.
 
Moved, seconded and DEFEATED
THAT staff pursue the grants from Fraser Basin Council for 3 electric charging stations throughout the community.
Voting against: Mayor Clay, Councillors Dilworth, Nuttall
 
7.1 Committee of the Whole
 
Moved, seconded and CARRIED
THAT the resolutions of the Committee of the Whole meeting of May 22, 2012 be endorsed as above 

 

8.1 Council verbal reports

Council Verbal Reports

Staff was requested to investigate the comment at the public hearing related to a bobcat living in the Chines area.

Staff was requested to provide information with respect to the enforcement of motor homes on city streets as well as the number of complaints submitted to the city by the public with respect to the same.
 
9.2 Release of in camera information

The following resolution was released from the May 8, 2012  In-Camera Council meeting:

THAT the residents of the 10 to 15 houses on Alderside Road from 1248 Alderside Road and east be canvassed regarding the concept of applying the definition of “adjacent to” from the Street and Traffic Bylaw to the north side of Alderside Road.

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