June 27, 2016 - Minutes

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Ken Johnston
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Corporate Officer – David Weber

Call to Order:

Mayor Brodie called the meeting to order at 7:00 p.m.

RES NO.

ITEM

MINUTES

R16/12-1

1.

It was moved and seconded

That:

(1)

the minutes of the Regular Council meeting held on June 13, 2016, be adopted as circulated; and

(2)

the minutes of the Regular Council meeting for Public Hearings held on June 20, 2016, be adopted as circulated.

CARRIED

AGENDA ADDITIONS & DELETIONS

R16/12-2

It was moved and seconded

That Item No. 15.A – “Walkway Closing and Removal of Walkway Dedication Bylaw 9543 (Walkway Adjacent To 3731 & 3751 Bargen Drive) and Disposition of The Closed Walkway Area to Adjacent Property Owners” be added to the Consent Agenda.

CARRIED

COMMITTEE OF THE WHOLE

R16/12-3

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:01 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items.

Item No. 16 – Non-Farm Use Fill Application By Sixwest Holdings Ltd. No. Bc1025692 For Property Located At 14791 Westminster Highway

Doug Kavanagh, 14791 Westminster Highway, Sixwest Holdings Ltd., and Ron Wilson, Hexel, gave a brief overview of their intentions with regard to the application by Sixwest Holdings Ltd. It was noted that the land would be raised in order to enable adequate access to the water table and that the proper execution of this plan would allow the successful and efficient farming of trees.  Consultation with local landscape architects would ensure that demands for trees would be met in future.

In reply to questions, Mr. Kavanagh assured Richmond City Council that proper inspections of the soil fill will be conducted frequently in order to ensure that no concrete, hard-pan, nor asphalt would be deposited onto the land.  

R16/12-4

4.

It was moved and seconded

That Committee rise and report (7:13 p.m.).

CARRIED

CONSENT AGENDA

R16/12-5

5.

It was moved and seconded

That Items No. 6 through No. 15.A be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

That the minutes of:

(1)

the Community Safety Committee meeting held on June 14, 2016;

(2)

the General Purposes Committee meeting held on June 20, 2016;

(3)

the Planning Committee meeting held on June 21, 2016; and

(4)

the Public Works and Transportation Committee meeting held on June 22, 2016;

be received for information.

ADOPTED ON CONSENT

7.

2015 Annual Report and 2015 Annual Report Highlights
 (File Ref. No. 01-0375-01) (REDMS No. 5001498; 5031206; 5031207)

That the reports titled, “City of Richmond 2015 Annual Report” and the “2015 Annual Report – Highlights” be approved.

ADOPTED ON CONSENT

8.

Mental Health Advocacy Letter
(File Ref. No. 01-0151-01)

That a letter be sent to Vancouver Coastal Health advocating for an increase in resources dedicated for mental health in the city.

ADOPTED ON CONSENT

9.

2015 CORPORATE ENERGY MANAGEMENT PROGRAM UPDATE
(File Ref. No. 10-6125-05-01) (REDMS No. 5024239 v. 12; 5030683; 5026001)

That Council endorse a target of reducing greenhouse gas (GHG) emissions from corporate buildings by 65% from 2007 levels by 2020 to help the City meet the community greenhouse gas emissions reduction target of 33% reduction from 2007 levels by 2020.

ADOPTED ON CONSENT

10.

APPLICATION BY NAVEED RAZA FOR REZONING AT 10340/10360 BIRD ROAD FROM SINGLE DETACHED (RS1/E) TO SINGLE DETACHED (RS2/B)
(File Ref. No. 12-8060-20-009567; RZ 15-704996) (REDMS No. 5006238; 1621383; 5006256)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9567, for the rezoning of 10340/10360 Bird Road from “Single Detached (RS1/E)” to “Single Detached (RS2/B)”, be introduced and given first reading.

ADOPTED ON CONSENT

11.

APPLICATION BY MONARCHY HOLDING GROUP INC. FOR REZONING AT 4971/4991 WINTERGREEN AVENUE FROM SINGLE DETACHED (RS1/E) TO SINGLE DETACHED (RS2/B)
(File Ref. No. 12-8060-20-009569; RZ 16-724552) (REDMS No. 5006184 v. 4; 1616420; 5016007)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9569, for the rezoning of 4971/4991 Wintergreen Avenue from the “Single Detached (RS1/E)” zone to the “Single Detached (RS2/B)” zone, be introduced and given first reading.

ADOPTED ON CONSENT

12.

APPLICATION BY SU PING YANG TO DISCHARGE LAND USE CONTRACT AT 9508 PALMER ROAD
(File Ref. No. 12-8060-20-009572; LU 16-727303) (REDMS No. 5023845; 5024135)

That Richmond Land Use Contract Discharge Bylaw No. 9572, to discharge the Land Use Contract from the title of 9508 Palmer Road, be introduced and given first reading.

ADOPTED ON CONSENT

13.

APPLICATION BY 0908206 BC LTD. FOR REZONING AT 9560, 9580 AND 9584 GRANVILLE AVENUE FROM SINGLE DETACHED (RS1/F) TO MEDIUM DENSITY TOWNHOUSES (RTM2)
(File Ref. No. 12-8060-20-9573; RZ 14-677733) (REDMS No. 5004985; 3218459; 5027242)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9573, for the rezoning of 9560, 9580 and 9584 Granville Avenue from “Single Detached (RS1/F)” to “Medium Density Townhouses (RTM2)”, be introduced and given first reading.

ADOPTED ON CONSENT

14.

AMENDMENT TO WATERWORKS AND WATER RATES BYLAW NO 5637
(File Ref. No. 12-8060-20-009570) (REDMS No. 5013055 v. 2; 5016027)

That Waterworks and Water Rates Bylaw No. 5637, Amendment Bylaw No. 9570, be introduced and given first, second and third readings.

ADOPTED ON CONSENT

15.

2016 FLOOD PROTECTION PROGRAM FUNDING
(File Ref. No. 10-6045-11-01; 03-1000-18-005; 10-6340-20-P.04301) (REDMS No. 5022444 v. 6)

(1)

That the Horseshoe Slough and No. 7 Road South Drainage Pump Station Upgrade capital projects be consolidated into a new 2016 Capital Project with the remainder of projects included in the provincial Flood Protection Program Contribution Agreement, as per the staff report titled “2016 Flood Protection Program Funding,” from the Director, Engineering, dated May 25, 2016;

(2)

That $2,710,249 of Drainage Development Cost Charges and a $16,633,332 contribution from the Province of British Columbia be added to the 2016 Capital Budget; and

(3)

That the 5 Year Consolidated Financial Plan (2016-2020) Bylaw be amended to reflect the above recommendations.

ADOPTED ON CONSENT

15.A

WALKWAY CLOSING AND REMOVAL OF WALKWAY DEDICATION BYLAW 9543 (WALKWAY ADJACENT TO 3731 & 3751 BARGEN DRIVE) AND DISPOSITION OF THE CLOSED WALKWAY AREA TO ADJACENT PROPERTY OWNERS
(File Ref. No. 06-2290-20-156; 12-8060-20-009543) (REDMS No. 5014768 v. 2)

(a)

That the Walkway Closing and Removal of Walkway Dedication Bylaw 9543 (Walkway adjacent to 3731 & 3751 Bargen Drive) be introduced and given first, second, and third readings;

(b)

That staff be authorized to file a certifying statement, executed by the Corporate Officer at the Land Title Office cancelling the right of resumption in the closed walkway pursuant to the Resumption of Highway Regulation;

(c)

That the required notice of road closure and disposition of the closed road be advertised, and operators of affected utilities within the portion of the road to be closed be notified, as required by the Community Charter, prior to final adoption;

(d)

That staff be authorized to take all necessary steps to raise title to the walkway closure area of 126.3 sq. m. and transfer 69.0 sq. m. to Topi and Aurea Heikkila (owners of 3751 Bargen Drive) for $48,725 plus applicable taxes and 53.7 sq. m. to Farhad and Ruby Malbari (owners of 3731 Bargen Drive) for $40,463 plus applicable taxes;

(e)

That prior to transferring the closed walkway area that the City of Richmond grant a statutory right of way measuring ±9.4 sq. m. in favour of itself for the purposes of public utilities over Lot B as per Plan  EPP60914; and

(f)

That staff be authorized to take all necessary steps to complete all matters detailed herein including authorizing the Chief Administrative Officer and the General Manager, Finance and Corporate Services to negotiate and execute all documentation required to effect the transaction, detailed in the staff report dated May 18, 2016, including executing all required Land Title Office documentation.

ADOPTED ON CONSENT

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

NON-CONSENT AGENDA ITEMS

GENERAL PURPOSES COMMITTEE

Mayor Malcolm D. Brodie, Chair

16.

NON-FARM USE FILL APPLICATION BY SIXWEST HOLDINGS LTD. NO. BC1025692 FOR PROPERTY LOCATED AT 14791 WESTMINSTER HIGHWAY
(File Ref. No. 12-8350-05-2015690592) (REDMS No. 5014725 v. 2; 2302409; 5015049; 5015050; 5056581)

R16/12-6

It was moved and seconded

(1)

That  the non-farm use application submitted by Sixwest Holding Ltd. to deposit fill on the property located at 14791 Westminster Highway to an agricultural standard suitable for the purpose of nursery tree farming be endorsed; and

(2)

That the endorsed application be forwarded to the Agricultural Land Commission (ALC) with the recommendation that the ALC incorporate the following as a condition of the permit:

(a)

the applicant ensures that there is no drainage impact on neighbouring properties;

(b)

the applicant commits to using only non-contaminated soil supported by a Phase 1 Environmental Site Assessment report and not to bring in construction materials and/or non-excavated soil;

(c)

no soil sub-contractor, other than the designated soil provider, to be approved by Council, be used to ensure the soil quality;

(d)

a performance bond to be provided; and

(e)

the property must be left to a condition that it can still be viable for agriculture once the tree nursery operation ceases.

The question on Resolution No. R16/12-6 was not called as comments were made regarding the determination of the costs of the performance bonds and the use of the farmland. Ben Dias, Manager, Community Bylaws, and Phyllis Carlyle, General Manager, Law and Community Safety, noted that the bonds were determined in accordance with Council’s bylaws. The Agricultural Land Commission (ALC) would also require a security bond of a substantial amount.

Discussion ensued on (i) the necessity of keeping agricultural land in a condition which would allow the future growth of crops, (ii) alternatives to filling the land (attached to and forming part of these minutes as Schedule 1), (iii) requirements for reoccurring inspections, (iv) the possibility of imposing tipping fees, and (v) the amount of regulations City Council should be imposing on farming practises.

The question on Resolution No. R16/12-6 was not called as an amendment to the motion was presented.

It was moved and seconded

That a requirement for quarterly inspections and monitoring and reporting by a professional agrologist as well as the submission of quarterly reports to the Agricultural Land Commission with a copy to the City of Richmond.

The question on the amendment motion was then called and it was CARRIED with Cllr. Loo opposed.

Bruce McTavish, McTavish Resource and Management Consultants, in reply to questions from City Council, confirmed that in order to measure the soil capabilities, should the tree farming area need to be returned back to its original conditions, one would need to look at the texture and the amount of organic matter within the soil.  Mr. McTavish also noted that other options for farming trees, such as burlap sacks, were possible but were not applied for by the applicant.

The question on the main motion (Resolution No. R16/12-6) as amended, which reads as follows:

(1)

That  the non-farm use application submitted by Sixwest Holding Ltd. to deposit fill on the property located at 14791 Westminster Highway to an agricultural standard suitable for the purpose of nursery tree farming be endorsed; and

(2)

That the endorsed application be forwarded to the Agricultural Land Commission (ALC) with the recommendation that the ALC incorporate the following as a condition of the permit:

(a)

the applicant ensures that there is no drainage impact on neighbouring properties;

(b)

the applicant commits to using only non-contaminated soil supported by a Phase 1 Environmental Site Assessment report and not to bring in construction materials and/or non-excavated soil;

(c)

no soil sub-contractor, other than the designated soil provider, to be approved by Council, be used to ensure the soil quality;

(d)

a performance bond to be provided;

(e)

the property must be left to a condition that it can still be viable for agriculture once the tree nursery operation ceases; and

(f)

a requirement for quarterly inspections and monitoring and reporting by a professional agrologist as well as the submission of quarterly reports to the Agricultural Land Commission with a copy to the City of Richmond.

was then called and it was CARRIED with Cllrs. Day and Steves opposed.

CONSIDERATION OF BYLAWS FOR 2^ND READING

17.

rEFERRAL FROM JUNE 20, 2016 pUBLIC hEARING - rICHMOND OFFICIAL cOMMUNITY pLAN aMENDMENT bYLAW 9489
(File Ref. No. 12-8060-20-009489) (REDMS No. 5049930; 5050298; 4499282; 5050306)

R16/12-7

It was moved and seconded

(1)

That Richmond Official Community Plan Bylaw 7100 and Richmond Official Community Plan Bylaw 9000, Amendment Bylaw 9489 be amended to delete references to properties located at No. 5 Road and Cambie Road, specifically, that sections 1(6), 1(7), 2, and Schedule F be deleted and that the proposed bylaw be re-numbered accordingly;

(2)

That Richmond Official Community Plan Bylaw 7100 and Richmond Official Community Plan Bylaw 9000, Amendment Bylaw 9489 be given second reading as amended on this day; and

(3)

That Richmond Official Community Plan Bylaw 7100 and Richmond Official Community Plan Bylaw 9000, Amendment Bylaw 9489 be referred to the regularly scheduled Public Hearing on July 18, 2016 at 7:00 p.m. in the Council Chambers at City Hall.

CARRIED

PLANNING AND DEVELOPMENT DIVISION

Introduced by Councillor Linda McPhail, Chair, Planning Committee

18.

Application by Raman Kooner to Discharge Land Use Contract at 9440 Palmer Road
(File Ref. No. 12-8060-20-009581; LU 16-734637) (REDMS No. 5043722; 5044616)

R16/12-8

It was moved and seconded

That Richmond Land Use Contract Discharge Bylaw No. 9581, to discharge the Land Use Contract from the Title of 9440 Palmer Road, be introduced and given first reading.

CARRIED

Cllr. Au left the meeting (8:11 p.m.) and returned (8:13 p.m.).

PUBLIC ANNOUNCEMENTS AND EVENTS

Councillor Bill McNulty has been appointed to the Board of the Emergency Communication for Southwest British Columbia (E-COMM), until the Annual General Meeting of E-COMM in 2017.

Wayne Duzita has been appointed as the City of Richmond’s representative on the Board of the 2010 Games Operating Trust Society Board for a one-year term ending at the conclusion of the 2017 Annual General meeting of the Society.

BYLAWS FOR ADOPTION

R16/12-9

It was moved and seconded

That the following bylaws be adopted:

Road Stopping Up and Closing Bylaw No. 9294

Richmond Official Community Plan Bylaw 7100 and 9000, Amendment Bylaw No. 9252

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9253

CARRIED

R16/12-10

It was moved and seconded

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9179

CARRIED

Opposed: Cllr. Day

DEVELOPMENT PERMIT PANEL

R16/12-11

19.

It was moved and seconded

(1)

That the minutes of the Development Permit Panel meeting held on June 15, 2016 and the Chair’s report for the Development Permit Panel meetings held on March 30, 2016 and April 13, 2016, be received for information; and

(2)

That the recommendations of the Panel to authorize the issuance of:

(a)

a Development Permit (DP 15-713779) for the property at 3868, 3880 and 3900 Steveston Highway; and

(b)

a Development Permit (DP 14-671945) for the property at 9800, 9820, 9840 and 9860 Granville Avenue;

be endorsed, and the Permits so issued.

CARRIED

ADJOURNMENT

R16/12-12

It was moved and seconded

That the meeting adjourn (8:18 p.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Regular meeting of the Council of the City of Richmond held on Monday, June 27, 2016.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)