Victoria City Council - 10 Dec 2015 - Agenda - Html

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UPDATED AMENDED AGENDA - VICTORIA CITY COUNCIL

MEETING OF DECEMBER 10, 2015, AT 7:00 P.M.

Council Chambers, City Hall, 1 Centennial Square

 

 

A.

APPROVAL OF AGENDA

 

B.

POETRY READING

 

1.

Poet Laureate, Yvonne Blomer and Youth Poet Laureate, Zoe Duhaime

 

 

C.

MINUTES

 

1.

Minutes from the Regular Meeting held November 26, 2015

Late Item:  Minutes

 

 

D.

PROCLAMATIONS

 

1.

"National Homeless Persons' Memorial Day" - December 21, 2015

National Homeless Persons' Memorial Day

 

 

2.

"National Day of Remembrance and Action on Violence Against Women" - December 6, 2015

National Day of Remembrance

 

 

3.

"Dry January Month January 2016" - January 2016

Dry Jan Month January 2016

 

 

E.

COMBINED DEVELOPMENT APPLICATIONS

 

1.

1745 Rockland Avenue

 

Council is considering a Rezoning Application to permit four new single family dwellings and retain the existing Heritage Designated house. 

 

1.

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Public Hearing

A.  Zoning Regulation Bylaw, Amendment Bylaw (No. 1053) No. 15-082

To rezone the land known as 1745 Rockland Avenue from the R1-A Zone, Rockland Single Family  Dwelling District, and R1-B Zone, Single Family Dwelling District, to the R1-A-18 Zone, Rockland Ashton District, to permit four new single family dwellings in behind the existing Heritage Designated house, which is to remain a single family dwelling.

 

Late Item:  Correspondence

 

1_REZ 00444_1745 Rockland_Report

2_REZ 00444_1745 Rockland_December_2014_Application

3_REZ 00444_1745_Rockland_September_2014_Application

4_REZ 00444_1745 Rockland_Correspondence

5_LATE_Rez 00444_1745 Rockland CORRESPONDENCE

6_LATE_Rez 00444_1745 Rockland Applicant PRESENTATION

7_LATE LATE Rez 00444_1745 Rockland CORRESPONDENCE

 

 

2.

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B.  Development Permit Application

The Council of the City of Victoria will also consider issuing a Development Permit for the land known as 1745 Rockland Avenue, the rear portion of which is proposed to be subdivided and included in Development Permit Area 15B, Intensive Residential Panhandle Lot, for the purposes of approving the subdivision and the exterior design, finishes and landscaping of four new single family dwellings.

 

Late ItemApplicant Letter

 

1_DP 000357_1745 Rockland_Report

2_DP 000357_1745 Rockland_Plans

3_DP 000357_1745 Rockland December_2014 Application

4_DP 000357_1745 Rockland September _2014 Application

5_Late Item_Applicant Letter

 

 

3.

Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order:

Zoning Regulation Bylaw, Amendment Bylaw (No. 1053) No. 15-082

15-082_1745 Rockland_Zoning

 

 

4.

Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaw is in order:

Zoning Regulation Bylaw, Amendment Bylaw (No. 1053) No. 15-082

 

 

 

5.

Development Permit Approval: To approve the development permit with variances, the following motion is in order:

“That Council authorize the issuance of Development Permit Application No. 000357 for 1745 Rockland, in accordance with:

  1. Plans date stamped June 25, 2015.
  2. Development meeting all Zoning Regulation bylaw requirements.
  3. The Development Permit lapsing two years from the date of this resolution.
  4. That Council authorize the Mayor and Corporate Administrator to execute the documents, in the form satisfactory to the City Solicitor, necessary to remove the Right-of-Way from the title of the property located at 1745 Rockland Avenue, prior to the issuance of a Building Permit.”

 

 

2.

1040 Moss Street

 

Council is considering a rezoning application to expand a cultural facility (Art Gallery of Greater Victoria) through the replacement of a one storey addition with a three storey addition (four storeys total) and to remove an existing land use contract.

 

1.

Public Hearing

A.  Zoning Regulation Bylaw, Amendment Bylaw (No. 1056) No. 15-086

The purpose of this bylaw is to rezone the land known as 1040 Moss Street from the PB Zone, Public Buildings District, to the AGGV Zone, Art Gallery of Greater Victoria District, to allow a cultural facility, commercial exhibits, artists studios, public building, and to allow retail sales and restaurant in association with the cultural facility, with regulations specific to the property. 

 

Late Item:  Correspondence

1_Rezoning 00476 1040 Moss Street_Reports dated Nov 12 and Nov 24

2_Rezoning 00476 1040 Moss Street_Revised Plans

3_Rezoning_00476_1040 Moss_Street_June_Report

4_Rezoning_00476_1040 Moss_Street_June_Report

5_Rezoning_00476_1040 Moss_Street_June_Report

6_Rezoning_00476_1040 Moss_Street_June_Report

7_Rezoning_00476_1040 Moss Street_Correspondence

8_LATE_Rezoning 00476_1040 Moss_CORRESPONDENCE

9_LATE LATE Rezoning 00476 _1040 Moss Street_CORRESONDENCE

 

 

2.

B.  Land Use Contract Discharge (1040 Moss Street) Bylaw No. 15-092

The purpose of this bylaw is to discharge the land use contract as it applies to the land known as 1040 Moss Street.

 

The land use regulations contained within the land use contract will be superseded by the land use regulations enacted by Zoning Regulation Bylaw, Amendment Bylaw (No.1056) – NO. 15-086.

 

 

3.

Development Permit Application No. 000446

The City of Victoria will be considering the issuance of a Development Permit for the land known as 1040 Moss Street, in accordance with:

  1. Revised drawings date stamped November 6, 2015.
  2. Development meeting all Zoning Regulation Bylaw requirements.
  3. Final plans to be substantially in accordance with the plans identified above as to the satisfaction of staff.
  4. The phasing of the development to the satisfaction of City Staff.
  5. The Development Permit lapsing three years from the date of this resolution.

 

 

4.

Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order:

Zoning Regulation Bylaw, Amendment Bylaw No. 1056) No. 15-086

Land Use Contract Discharge (1040 Moss Street) Bylaw No. 15-092

1_15-086 Zoning Bylaw_1040 Moss Street

2_15-092_Land Use Contract Discharge_1040 Moss Street

 

 

5.

Bylaw Approval: To consider final approval of the application, a motion to Adopt the bylaw is in order:

Zoning Regulation Bylaw, Amendment Bylaw No. 1056) No. 15-086

Land Use Contract Discharge (1040 Moss Street) Bylaw No. 15-092

 

 

6.

Development Permit Approval:  To approve the development permit application, the following motion is in order:

"That Council authorize the issuance of Development Permit Application No. 000446 for 1040 Moss Street, in accordance with:

  1. Revised drawings date stamped November 6, 2015.
  2. Development meeting all Zoning Regulation Bylaw requirements.
  3. Final plans to be substantially in accordance with the plans identified above as to the satisfaction of staff.
  4. The phasing of the development to the satisfaction of City Staff.
  5. The Development Permit lapsing three years from the date of this resolution."

 

 

 

F.

DEVELOPMENT VARIANCE PERMIT APPLICATION

 

1.

740 Hillside Avenue

 

Council is considering a Development Variance Permit application to reduce the overall parking required for an office building by nine stalls.

 

1.

Hearing - Development Variance Permit No. 00157

The City of Victoria will be considering the issuance of a Development Variance Permit for the land known as 740 Hillside Avenue for the purpose of permitting a medical office occupancy and varying the following requirement of the Zoning Regulation Bylaw namely:  

 

         Reducing the parking requirement for 980m2 of medical offices from 1 stall per 37.5m2 to 1 stall per 68m2.

DVP 00157 for 740 Hillside Avenue

 

 

2.

Development Variance Permit Approval: To approve the development variance permit, the following motion is in order:

 “That Council authorize the issuance of Development Variance Permit Application No. 00157 for 740 Hillside Avenue, in accordance with:

  1. Plans date stamped September 4, 2015.
  2. Development meeting all Zoning Regulation bylaw requirements, except for the following variances:
    1. Schedule C, Section 16.C 5 – reduce parking requirement for 980m² of medical offices from 1 stall per 37.5m² to 1 stall per 68m².
  3. The Development Variance Permit lapsing two years from the date of this resolution.”

 

 

 

G.

DEVELOPMENT PERMIT APPLICATION WITH VARIANCES

 

1.

2560 Quadra Street  

 

Council is considering a Development Permit with Variances application to permit the construction of a four-storey building with 15 residential units and ground floor commercial.

 

1.

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Hearing - Development Permit with Variances Application No. 000382

The City of Victoria will be considering the issuance of a Development Permit with Variances for the land known as 2560 Quadra Street.  The intent of this application is to permit the construction of a four-storey building with 15 residential units and ground floor commercial.

The land is subject to the objectives and guidelines for Development Permit Area 5, Large Urban Village – Quadra Village, as set out in the City’s Official Community Plan.

 

The Development Permit will also vary certain requirements of the Zoning Regulation Bylaw, C1-QV Zone, Quadra Village District, and Schedule C, Off-Street Parking Requirements, namely:

         The required building setback on the Quadra Street frontage for third floor reduced from 6.0m to 3.2m.

         The required building setback from the south property line reduced from 3.55m to 1.83m for the building and nil for the stairs.

         The total number of parking stalls reduced from 21 stalls to 9 stalls.The commercial parking reduced from 1 stall to nil.

 

Late Item:  Presentation

1_DPwV Application No. 000382 for 2560 Quadra Street

2_LATE_DPwV 000382_2560 Quadra PRESENTATION

 

 

2.

Development Permit Approval: To approve the development permit with variances, the following motion is in order:

”That Council authorize the issuance of Development Permit Application with Variances No.         000382 for 2560 Quadra Street, in accordance with:

  1. Plans date stamped November 6, 2015
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. Schedule C, total number of parking stalls reduced from 21 to 9 stalls and the commercial parking stalls reduced from 1 to nil;
    2. Setback from Quadra Street reduced from 6.0m to 3.2m for the third floor (C1-QV Zone, Section 4.52);
    3. Setback from the south side yard reduced from 3.55m to nil (C1-QV Zone, Section 4.52).
  3. That the Council authorize City of Victoria staff to execute an Encroachment Agreement for a fee of $750 plus $25 per m2 of exposed shored face during construction, in a form satisfactory to City staff.
  4. Final plans to be generally in accordance with the plans identified above to the satisfaction of City staff.
  5. The Development Permit lapsing two years from the date of this resolution.”

 

 

H.

TEMPORARY USE PERMIT APPLICATION

 

1.

474 and 478 Burnside Road and 3111 and 3117 Delta Avenue

 

Council is considering a Temporary Use application for the storage of new vehicles on a vacant site comprised of four lots, for a period of two years.

 

 

2.

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Hearing - Temporary Use Permit Application No. 00481

The Council of the City of Victoria will consider issuing a Temporary Use Permit for the land known as 474 and 478 Burnside Road and 3111 and 3117 Delta Avenue for the purposes of approving the storage of new vehicles on a vacant site comprised of four lots for a period of two years.

 

The Temporary Use Permit will vary the following requirement of the Zoning Regulation Bylaw:

         Permit gravel instead of asphalt, concrete or permeable surfaces.

 

Late Item:  Presentation

 

1_Temporary Use Permit 00481 for 474 and 478 Burnside and 3111 and 3117 Delta

2_Burnside and Delta Applicant PRESENTATION

 

 

3.

Temporary Use Permit Approval:

"That Council authorize the issuance of Temporary Use Permit Application No. 00481 for 474 and 478 Burnside Road and 3111 and 3117 Delta Avenue in accordance with:

  1. Plans date stamped August 21, 2015 with revisions to the landscape screening to the satisfaction of staff.
  2. Development meeting all Zoning Regulation Bylaw requirements, except for the following variance:
    1. Schedule C, Section 7.2 (d) - permit gravel instead of asphalt, concrete or permeable surface.
  3. Delivery of vehicles to and from the site meeting Motor Vehicle Act Regulations and City bylaw requirements.
  4. The Temporary Use Permit lapsing two years from the date of this resolution."

 

 

I.

ROAD CLOSURE HEARING

 

1.

Intention to Remove Highway Dedication - Portion of Clawthorpe Avenue. 

 

Council is considering a bylaw to close a portion of Clawthorpe Avenue to formally incorporate it into Clawthorpe Park.

 

 

2.

Hearing - Road Closure (Unconstructed Portion of Clawthorpe Avenue)

The Corporation of the City of Victoria proposes to adopt Road Closure (Unconstructed Portion of Clawthorpe Avenue) Bylaw No. 15-085 to remove the dedication as highway of a portion of Clawthorpe Avenue.

1_Clawthorpe Avenue Road Closure Bylaw Report dated November 19

2_Closing City Right of Way - Clawthorpe Park Report August dated August 5

 

 

3.

Bylaw Approval: To consider approval of the application, a motion for Third Reading of the bylaw is in order:

Road Closure (Unconstructed Portion of Clawthorpe Avenue) Bylaw No. 15-085

15-085 Clawthorpe Road Closure Bylaw

 

 

J.

LIQUOR LICENCE APPLICATION

 

1.

Liquor Primary Licence Application for Yuk Yuk's Victoria at 665 Douglas Street

 

Council is to consider and provide comment on a new liquor primary licence for Yuk Yuk's Victoria

 

 

2.

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Hearing - Yuk Yuk's Victoria - 665 Douglas Street

The purpose of this notice is to inform the public of the application to establish a new Liquor Primary Licence at the venue Yuk Yuk’s Victoria, 665 Douglas Street. 

         The proposed licensed person capacity (occupant load), which includes staff and patrons, is 211 persons.

         The requested hours are: 0900h (9:00am) - 2400h (12:00am), Sunday to Thursday and 0900h (9:00am) - 0100h (1:00am), Friday and Saturday.

         Yuk Yuk’s Comedy Club provides entertainment in the form of 90 minute stand-up comedy shows.

         The applicant has indicated their willingness to have Terms and Conditions placed on the licence stating that the Liquor Licence, if approved, cannot be transferred to another party without City of Victoria and Liquor Control & Licencing Branch approval, and that the use of the licence is for a comedy club and any change in use would require City of Victoria approval.

 

Late Item:  Correspondence & Presentation  **Email from Applicant - Changes to the proposed Terms & Conditions**

1_Liquor Primary Licence Application Yuk Yuks Report

2_Liquor Primary Licence Application Yuk Yuks Correspondence

3_LATE_Yuk Yuks PRESENTATION

4_LATE_Liquor Application_Yuk Yuk_CORRESPONDENCE

5_LATE LATE Yuk Yuks CORRESPONDENCE

6_REVISED TERMS & CONDITIONS_Yuk Yuks_ Email from Applicant

 

 

K.

HEARINGS - REQUESTS TO ADDRESS COUNCIL

 

1.

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Amanda Evans, re: Volunteer Engagement in Victoria's Parks

Late Item:  Presentation and Document

1_Amanda Evans

2_LATE_Evans_Victoria Parks Volunteer Engagement_PRESENTATION

3_LATE Evans_GVGT Benefits

 

 

2.

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Jan Rabson, re:  New Concept in Tourism - Withdrawn

Jan Rabson

 

 

3.

Lorne Daniel, re:  Report on Cook Street, Re-Make Pop-up Project

1_Lorne Daniel

2_Cook Street ReMake Report

3_Cook Street Rroject Report PRESENTATION

 

 

4.

J. C. Scott, re: Beacon Hill Park - Lookout - Checkers Pavilion "Repatriating a Lekwungen Sacred Site"

JC Scott

 

 

5.

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Alison Acker, re:  Beacon Hill - First Nations Proposal  Withdrawn

Alison Acker

 

 

6.

Tristan Ray-Wilks, re: Plastic Pollution

Tristan Ray-Wilks

 

 

7.

Capt. Mouck, re: Illuminate the Way IEIU Campaign, Municipal Movement, Section 1, Phase 1

Capt. Mouck

 

 

8.

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Late Item:

Kristina Leach, re: Return to the Esquimalt and Songhees People a portion of their traditional territories

Kristina Leach

 

 

9.

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Late Item:

Sheri Andersen, re: Animal Control

Sheri Andersen

 

 

10.

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Late Item:

Derek Sanderson, re: Longhouse - Beacon Hill

Derek Sanderson

 

 

11.

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Late Item:

Trudy Norman, re: Beacon Hill Longhouse

Trudy Norman

 

 

12.

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Late Item:

Susan Abells, re: Support for Repatriating a Lekwungen Sacred Site

Susan Abells

 

 

13.

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Late Item:

Solomon Lindsay, re: First Nation Repatriation of Beacon Hill

Solomon Lindsay

 

 

14.

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Late Item:

Ruth Annis, re: Downtown Bus Terminal Proposal - 700 Block Douglas Street

Ruth Annis

 

 

15.

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Late Item:

Irene Ives, re: Repatriating the Checkers Pavilion Site to the Lekwungen People

Irene Ives

 

 

16.

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Late Item:

Chief Ron Sam, re: Repatriating a Lekwungen Sacred Site

 

 

L.

UNFINISHED BUSINESS

 

1.

Correspondence for Information

 

For consideration of a motion to receive.

 

A.  Capital Region Music Awards Society - Western Canada Music Awards and BreakOut West Industry Conference.

B.  Ministry of Jobs, Tourism and Skills Training and Minister Responsible for Labour - Municipal and Regional District Tax Program.

C.  Ministry of Education - Funding for Adult Basic Education programs.

 

A_Western Canada Music Awards

B_Tourism Victoria MRDT

C_Adult Basic Education

 

 

2.

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Late Item:

Truth and Reconciliation Commission's Calls to Action

 

Truth and Reconciliation Commission's Calls to Action Report

Appendix A Motion_Truth and Reconciliation (2)

Appendix B TRC Principles of Reconciliation

Appendix C Statement from FCM's Big City Mayors Caucus

Appendix D Calgary TRC Motion

Appendix E Calgary Aboriginal Urban Affairs Committee

Appendix F Vancouver TRC Motion

Appendix G Yellowknife TRC Motion

 

 

3.

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Late Item:

Preliminary Resource Assessment - Analysis of a Proposed Ban of Single-Use Plastic Bags

Proposed Ban of Single-Use Plastic Bags Report

 

 

M.

REPORTS OF THE COMMITTEE

 

1.

Governance and Priorities Committee

 

1.

Report from the Special Governance & Priorities Committee meeting held November 20, 2015 (additional motions)

2015_11_20_Special GPC_Report (Additional)

 

 

2.

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Late Item:

Report from the Regular Meeting held December 3, 2015

2015_12_3_GPC_Reports

 

 

2.

Planning and Land Use Committee

 

1.

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Late Item:

Report from the Regular Meeting held December 10, 2015

12-10-2015_PLUC_Report

 

 

N.

MOTIONS

 

1.

To Set Public Hearings for the Council Meeting of January 14, 2016

1.  Rezoning Application No. 00468, Heritage Alteration Permit Application No. 00195 and Development Permit Application for 1070 Joan Crescent.

2.  Rezoning Application No. 00495 and Development Permit with Variances No. 00495 for 863 & 865 Villance Street

3.  Development Permit with Variance Application No. 00165 for 941 - 943 Fort Street

4.  Zoning Regulation Bylaw, Amendment Bylaw (No. 1055)

 

 

O.

BYLAWS

 

1.

First Reading

 

1.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1057) - 15-090

  1. Update on Rezoning Application No. 00468, Heritage Alteration Permit No. 00195 and Development Permit No. 000448 for Joan Crescent - Bylaw ready to proceed to Public Hearing.
  2. A Bylaw to rezone land known as 1070 Joan Crescent from the R1-A Zone, to the CCVC Zone, Craigdarroch Castle Visitor Centre District.

 

1_Update on Rezoning, Heritage Alteration, and Development Permit Application for 1070 Joan Crescent

2_15-090_1070 Joan Crescent

 

 

2.

Zoning Regulation Bylaw, Amendment Bylaw (No.1058) - 15-094 for 863 and 865 Villance Street

1.  A report recommending first and second reading of the bylaw for Rezoning Application No. 00495 for 863 / 865 Villance Street.

2.  A bylaw amending the Zoning Regulation Bylaw to amend the Zoning Regulation Bylaw by rezoning the land known as 863 and 865 Villance Street from the R1-B Zone, to the R-2 Zone.

 

1_Rezoning for Villance Street Report

2_15-094 Villance Street Rezoning

 

 

3.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1055) - 15-084

1.  A report providing information on Zoning Regulation Bylaw, Amendment Bylaw, related to specific sites in the Rockland Single Family Dwelling District. 

2.  A bylaw amending the Zoning Regulation Bylaw to better define regulations related to the site area required for lots with attached and semi-attached dwelling units and the site area for house conversions upon subdivision.

 

1_R1-A Zone Bylaw Report

2_15-084 R1-A

 

 

4.

Housing Agreement Amendment (1035 Oliphant Avenue) Bylaw - 15-095

1.  A report providing information on the amendment to the Housing Agreement for rental housing for the lands known as 1035 Oliphant Avenue.

2.  A Bylaw authorizing an amendment to an agreement for rental housing for 1035 Oliphant Avenue as previously authorized under the terms of Bylaw No. 14-010, Housing Agreement (1035 Oliphant Avenue) Bylaw.

1_Housing Agreement Bylaw Report

2_15-095 Housing Agreement Amendment (1035 Oliphant) Bylaw

 

 

2.

Second Reading

 

1.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1057) - 15-090

 

 

2.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1058)  - 15-094

 

 

3.

Zoning Regulation Bylaw, Amendment Bylaw (No. 1055) - 15-084

 

 

4.

Housing Agreement Amendment (1035 Oliphant Avenue) Bylaw - 15-095

 

 

3.

Third Reading

 

1.

Housing Agreement Amendment (1035 Oliphant Avenue) Bylaw - 15-095

 

 

4.

Adoption

 

1.

Waterworks Bylaw, Amendment Bylaw (No. 10) - 15-087

15-087_Waterworks Bylaw

 

 

2.

Solid Waste Bylaw, Amendment Bylaw (No. 4) - 15-088

15-088_Solid Waste Bylaw

 

 

3.

Sanitary Sewer and Stormwater Utilities Bylaw, Amendment Bylaw (No. 2) - 15-089

15-089_Sanitary Swere and Stormwater Utilities Bylaw

 

 

4.

Sanitary Sewer and Stormwater Utilities Bylaw, Amendment Bylaw (No. 3) - 15-093

15-093_Sanitary Sewer and Stormwater Utilities Bylaw

 

 

P.

QUESTION PERIOD

 

Q.

NEW BUSINESS

 

1.

Appointment of Auditor

 

A report recommending that Council appoint BDO Canada LLP as the City's auditor.

Appointment of Auditor

 

 

R.

CLOSED MEETING

That Council convene a closed meeting that excludes the public under Section 12(6) of the Council Bylaw for the reason that the following agenda items deals with matters specified in Sections 12(3) and/or (4) of the Council Bylaw; namely:

Section 12(3)(a) Personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the City or another person appointed by the City.

Section 12(3)(e) The acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the City.

Section 12(3)(i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.

Section 12(3)(m)  a matter that, under another enactment, is such that the public may be excluded from the meeting.

Section 12(4)(b) The consideration of information received and held in confidence relating to negotiations between the City and a Provincial government or the Federal government or both, or between a Provincial government or the Federal government or both and a third party.

 

 

 

1.

MINUTES

 

1.

Minutes from the Regular Closed Meeting held November 26, 2015

Late Item:  Minutes

 

 

2.

Minutes from the Special Closed Meeting held December 3, 2015

Late Item:  Minutes

 

 

2.

REPORTS OF THE COMMITTEE

 

1.

Report from the Governance and Priorities Committee Meeting held December 3, 2015

Late Item:  Report

 

 

3.

CONSIDERATION TO RISE & REPORT

 

1.

Late Item:

Consideration to Rise and Report on Closed Meeting Minutes from 2012

 

 

4.

NEW BUSINESS

 

1.

Late Item:  Land / Intergovernmental Relations

 

 

S.

ADJOURNMENT

 

No Item Selected