Council members covered a lot of themes over the course of a near two hour session on Monday night, from a Public Hearing on the proposed housing for Ninth Avenue West, to a surprise decision to grant approval for the Port City Spirits liquor referral for the night.
A number of other reports and some variance work and a few other themes on Bylaws rounded out the first meeting of Council for June.
A night most notable for the scale of public participation and at times very clear frustration for those that sat in the gallery for the session.
The Agenda for the Monday session can be reviewed here.
Further information from our overview and placement in the video archives can be found below; with the permanent record of the Council minutes added as they are posted to the city website.
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In attendance: Monday, June 12, 2023
Mayor Herb Pond -- Present (participated remotely)
Councillor Nick Adey -- Present (served as Chair)
Councillor Barry Cunningham -- Present
Councillor Teri Forster -- Present
Councillor Reid Skelton-Morven -- Present
Councillor Wade Niesh -- Present
Councillor Gurvinder Randhawa -- Present
Video Archive for Monday, June 12, 2023
REGULAR SESSION OF CITY COUNCIL
( 00:00 -- 2:30 ) Approval of Agenda -- With Mayor Pond, along with senior civic staffers City Manager Rob Buchan and Operations Manager Richard Pucci all in Ottawa to seek further funding on infrastructure, the duties of Chair for the night fell to Councillor Nick Adey.
Prior to getting down to work, the Councillor provided a note of celebration for the night.
Advising that Bylaw Officer Jeff Easingwood had been named the Officer of the Year for 2023, that from the Bylaw Association of BC. The Councillor noting that his award was in recognition of outstanding contribution to the Bylaw profession in the last year. Adey observing how the job is not one that is always welcomed and that it can be a tough job and how it was
From that note, Mr. Adey introduced the Agenda, including two additional items from the Corporate Administrator for consideration.
The First a request for support an application to the UBCM Complete Communities Fund. As well Council was asked to reconsider a variance permit for a property on Sherbrooke Avenue.
Ms. Miller also advised that the number of letters in support of the Port City Spirits Licence referral included as part of the Consent Agenda, now numbered over 50.
The Agenda and Amendments were adopted.
( 2:30 -- 11:30 ) Presentation from the Manager of Communications, Engagement and Social Development -- Ms. Veronika Stewart provided a short overview of the City's Annual Report, noting of the plans for a public comment opportunity to come in two weeks, that to be set for June 26th in Council Chambers.
The Annual report can be reviewed online, or from hard copies at the Library and Civic Centre.
( 11:30 -- 40:30 ) Public Comments regarding Agenda items -- There was another Strong turnout for the opportunity to speak to Council, with a range of topics discussed and concerns raised.
The opening remarks on the evening came from one of the proponents of the Port City Spirts Liquor Referral.
John Farrell spoke to the volume of support that the facility has received, those letters making for part of the night's Consent Agenda review. He reviewed the timeline from the start of the Request for the Endorsement to this point, as well as the range of the outreach that the proponents conducted.
He also outlined the focus for the facility to create locally sourced spirits and their sensitivity to the area that they located in, He also highlighted a recent downtown parking strategy session that the proponents had attended with the City to address parking concerns.
Later in the public comment period, Terry Sawka would return to the Port City Spirits topic with a review of some of his concerns relayed through previous Council sessions towards the proposed lounge. He noted that the current home for the Wheelhouse Brewery would soon be available, suggesting the proponents might want to consider that location for their venture.
As well another supporter from the community came to the table to speak in favour of the Licence Referral, expressing his enthusiasm for the repurposing of the area for entertainment and social activity.
Business owner Tom Cheng also offered his support for the Port City Spirits proposal, observing of its focus on tourism as a bonus for the community and something to enhance entertainment in the city.
Councillor Niesh entered the discussion following Mr. Cheng's contribution, noting that the Licence Referral was not on the Agenda for the night.
He then asked for clarification as to when it would be added to the Agenda observing that he believed it was to be discussed on June 26th, After further guidance from the Corporate Administrator, the Councillor then shifted what had been his original focus, instead recommending that it be moved to the current session on the night.
A motion that was approved by the remainder of council.
Among other themes addressed were concerns from Lloyd and Dawn Quast of the 10th and 11th Avenue East area, a topic that Councillor Adey had to steer towards a question of process and the use of statutory notification, that as the location in question was not on the agenda for the night.
The tone of concerns then shifted towards what residents believe was a lack of information made available and opportunity to speak to the impact of the development of the housing planned for the corner of Frederick Street and Hays Cove area.
Councillor Adey called on City Manager Buchan to weigh in on the nature of the communication to the community, Mr. Buchan observed that since some residents may have not received those notices, that staff would send them out once again to ensure that everyone receives a copy of the variance application.
He further noted that as the property was already zoned for housing, that the issue related to the development is now on the variance request, with the public to be able to see more information once that notification period has come to a close.
That brought a question as to when the residents of the immediate area would have an opportunity to have their say as to their concerns related to the development.
Mr. Buchan advised that residents can always express their views to Council about any existing zoned property; as well when the Variance application is reviewed again in the weeks ahead, residents will have another opportunity to speak to the topic at that time.
Mr. Sawka also spoke to the topic of the 9th Avenue Housing proposal adjacent to the city's Middle School, he expressed some of the similar concerns that were provided as part of the Public Hearing earlier in the evening.
City Manager Rob Buchan interrupted the presentation to remind Council that once a Public Hearing has taken place, that the topic is closed until Council has made a decision on the Bylaw.
Councillor Adey advised Mr. Sawka that what he wanted to say to the topic, should have been presented during the Public Hearing period.
The City Manager then advised the Mr. Sawka now could only address his comments to city staff after the meeting. The city resident countered with concerns over the relay of information related to the Public Hearing, expressing his concerns over the spirit of transparency.
( 40:30 -- 48:30 ) Consent Agenda
Councillor Adey outlined the scope of the Consent Agenda and items up for review.
Reports
2023 Annual Report (see pages 8-67 of Agenda)
Development Activity Report for April 2023 (see pages 69-70 of Agenda)
Memorandum re: 640 Sherbrooke Avenue Road Allowance Review (see page 71 of Agenda)
Major Projects update (see pages 72-73 of Agenda)
KAPS request (see pages 74-76 of Agenda)
Correspondences
UBCM Child Care Resolution (see pages 77-78 of Agenda)
Letters of Support Re: Port City Spirits (45) (see pages 79-123 of Agenda)
North Coast Regional District Press Release (see pages 124-127 of Agenda)
North Coast Regional District April 2023 Board Highlights (see pages 128 of Agenda)
Email from Transport Canada Rail Safety (see pages 129-130 of Agenda)
Email and resource Document from Northern Health (see pages 131-184 of Agenda)
Councillor Forster had four questions related to the consent agenda, her first was directed towards the Annual Report seeking guidance on the Hotel Tax Transfer element of the financial data.
Her Second question was focused on the request for water service for the KAPS garden, the Operations Director observed on the cost of providing the service and a estimate to put in a water service to the property.
That generated a further discussion on other options for delivering water to KAPS which is located in the McKay Street area. Councillor Cunningham suggesting that the service may be something the Fire Department could provide through the fire hydrants in the area.
Ms. Forster asked for some information on what the upgrades to the Recycling Centre would involve, that was a topic that Mr. Pucci could offer no guidance on.
Her final thought was on the topic of the Port City Spirits licence referral, with a request asking if the City had received any letters in opposition to the proposal from parents with children in the daycare, she was advised that there had been no letters forwarded to the city in opposition.
On Port City Spirits, Mr. Cunningham observed that the Friendship House, which runs the day-care, had submitted a letter in support towards the proposed licence referral.
Councillor Cunningham also raised a topic related to a zoning issue on McKay coming up for a review. He observed that the renovations were completed and that he was curious as to what was going on, the City Manager advised that staff would be asked to go and investigate it further.
Recommendation
Council was then asked that all items of the Consent Agreement be accepted and filed
Staff Reports
( 48:30 -- 49:30 ) Report from the Director of Development Services: Re DVP 23-11 -- Council received a variance report for a property on 8th Avenue East. It was approved to statutory notification with no discussion. (see pages 185-192 of Agenda)
( 49:30 -- 50:00 ) Report from the Director of Development Services: Re DVP 23-13 -- Council received a variance report for a property on 7th Avenue East. It was approved to statutory notification with no discussion. (see pages 193-197 of Agenda)
( 50:00 -- 50:30 ) Report from the Director of Development Services: Re DVP 23-06 -- Council received a variance report for a property on 9th Avenue Avenue. It was approved with no discussion. (see pages 198-203 of Agenda)
( 50:30 -- 51:00 ) Report from the Director of Development Services: Re DVP 23-09 -- Council received a variance report for a property on 11th Avenue East. It was approved with no discussion. (see pages 204-208 of Agenda)
( 51:00 -- 51:30 ) Report from the Director of Development Services: Re DVP 23-10 -- Council received a variance report for a property on Hays Cove. It was approved with no discussion. (see pages 209-214 of Agenda)
( 51:30 -- 59:00 ) Report from the Director of Operations and Intergovernmental Relations -- Council received a report related to rehabilitation of the 4th Avenue Pathway. With a staff recommendation of using the Odd Eidsvik Park Budget first for the purposes of investigation.
Mr. Pucci expanded on the situation related to the Pathway and the current condition that it is in, observing of the need for a further investigation, noting of how the Budget related to the Odd Eidsvik Park on Atlin would be used for that purpose. Which would postpone drainage work at the west side park location until 2024.
He outlined the various options that could be used, from the paving budget, to the parks budget but noting that would come with reductions in those works.
Councillor Niesh spoke to the option of using the money from the Eidsvik Park budget over the other options.
Councillor Adey observed over the recent presentation from residents of the 4th Avenue area residents and their concern to having the pathway return to use, he then asked if the decision would have an adverse impact with that portion of the Eidsvik Park budget.
Mr. Pucci observed that there would be a cause and effect and that would be that the city would not have any matching funds for the Eidsivk Park this year and it would have to be postponed to next year.
Councillor Cunningham noted of past discussions on accessing transportation funding for the Pathway project, Doctor Buchan noted that that city had applied for Transportation grants but could not divert money from its original use and not for capital projects.
Mr. Pucci noted that applying for grants takes time and there is no guarantee of success.
From all of that, Council approved the use of the Odd Eidsivk Park funding to be put towards the study on the pathway. (see pages 215-217 of Agenda)
( 59:00 -- 1:00:00 ) Agenda addition for property Sherbrooke Avenue -- Council reviewed the development variance request and moved the process to public notification with no discussion
( 1:00:00 -- 1:11:00 ) Addition to the Agenda of Consideration of Support for the Port City Spirits Liquor Licence Referral -- Council having decided to make their decision on the night, had a short discussion to the topic.
All of the Council members provided support for the referral, noting of the strong support from the public towards the request.
Councillor Niesh led off the commentary in strong support of the venture, noting of some in opposition at previous council sessions. From that he noted that while there had been concerns over the Day Care at the Friendship House, the Friendship House itself was in support. He also observed how he was supportive of businesses looking to make improvements to the downtown area and provide for good experiences for residents and visitors.
Councillor Cunningham observed on the broad support for the proposal, as well as from his own research on Fraser Street who had no concerns over the plans and how he believes the town supports it and that Council needs to support it as well. He highlighted how the project would rejuvenate the area.
Councillor Forster also noted of the concerns related to the Daycare centre from the previous sessions and how even with the additional time for comment to the topic, no negative opinions were received from those who use the Friendship centre. From that, she determined that the City should note the support in the community and to provide their support for the referral.
Councillor Adey also spoke to the topic, observing of the strong support for the project, noting as well of the concerns raised related to alcohol and addictions and how it's not hard to find those around the city. He acknowledged the concern related to alcohol is valid and that there are other agencies and institutions concerned as well and how those efforts continue.
To the licence referral, he noted of the strong support that the initiative had received.
Councillor Randhawa also spoke in favour of the referral noting of the additional time offered and the support it delivered to the proposal.
Councillor Skelton-Morven spoke to themes of addiction and trauma and the collective spiritual wound it brings, along with the failure of society and social programs. He noted of the need to balance the need to advocate to address that need and not shut down future opportunity,
From that Council then approved the motion to offer support for the Liquor Licence Referral.
Bylaws
( 1:1100 -- 1:32:00 ) 2023 Zoning Amendment Bylaw Number 3507, 2023 -- Council was asked to provide third reading to the City of Prince Rupert Zoning Amendment Bylaw 3507, related to development of a multifamily story building with 40 units in the 9th Avenue West area of town.
With the topic the subject of a Public Hearing previous in the evening Council took to a conversation on the request for third reading for the amendment bylaw.
Councillor Niesh led off the discussion on the proposed housing adjacent to the Middle school, noting of the community call for all forms of housing, observing how its the same thing every time where people in the immediate area struggle with the prospect of change.
Mr. Niesh noted that some of their concerns would be addressed during the development permit phase, he observed on the higher density nature of the proposal and how that's to be expected owing to the building cost and conditions in the community such as muskeg in Prince Rupert.
He also pointed to the statement from the School District, not as that of opposition but one of notice that the proposed development would be build adjacent to the new Middle school whenever it is built, and with that would come noise for the residents.
He offered his full support towards moving forward to the next reading.
Councillor Cunningham noted that all that Council was doing at the moment was to rezone the property with the public able to have a conversation when the variance elements come along. He noted that the community needs the housing, acknowledged the concerns over traffic and how that would be considered as part of the overview ahead.
Councillor Adey observed of the concerns from the Public Hearing related to traffic and how congested that area of town can get and how the proposed development could add to that element.
He also noted of the concerns over the proximity to the school, from that he posed a question to the City Manager related to when Council would be participating in a decision based on peoples' views based on the development itself.
In reply, Mr. Buchan observed that Council has delegated all development permits to staff, and from that he asked for guidance from the Director of planing on what variances may be ahead towards the proposal.
Dr Buchan also commented on the nature of the lots in question, observing that on each parcel of land you could have eight units each, which would come to thirty two and would be just be slightly lower than what the current proposal is seeking.
He also observed that if approved it would be the first significant housing development in the community in a very long time and how it fits into the Official Community Plan.
Towards the variance theme, Director Pope noted that to her knowledge the developer had no plans to seek any variances and that the next stage would be the development permit phase which as Doctor Buchan noted has been delegated to staff.
As a follow up, Councillor Adey then observed that this was the time for Council to consider the points of opposition to the project. Asking if there was a way to deliver more information to residents towards what they want to know about.
The City Manager urged caution related to the call for more reports and such since the Public Hearing process had concluded. He noted that council has developed guidelines, which is why it has been delegated to staff.
Towards that, Mr. Adey observed that he believes a traffic study is required for the proposal.
Councillor Forster suggested that Council address the current issue and then review its current approach to process and whether they wish to continue to delegate the process to staff. Noting that it would seem likely that the current scenario is going to come up again and again.
Councillor Niesh observed how the project likely requires a traffic study, he also noted that whenever the School District and Province get to the building of the new school, the new facility could review how it could best address the traffic issues. He also opined towards how the frequency of the traffic issue is only in a specific period of time.
Mayor Pond offered up a correction for Councillor Forster, noting that the actual work for council on the night is that of a rezoning bylaw issue and how the proposal comes with a height level lower than is actually allowed by new zoning. Mr. Pond noting that that technically if approved on the night and no new variances are requested it could be the approval that allows the developer to go ahead with the project.
He added that while he appreciated the concern of the neighbourhood, that his experience has been that every project in every neighbourhood has concerns and that staff working with the developer can overcome the concerns.
He observed that the community desperately needs housing and that he would be supporting the rezoning bylaw.
Councillor Cunningham asked for a clarification on the height element.
Councillor Skelton-Morven noted of the need for more housing in Prince Rupert and how has Council faces these challenges in every neighbourhood that housing has been proposed for and how there will always be concerns,.
He called on council to put the concerns into perspective with the need for housing and there are only a number of locations in Prince Rupert suitable for housing, he noted of the challenges faced by Lax Kw'alaams for their housing plans on 11th Avenue.
Councillor Randhawa noted that the property in question has been in its current vacant state, for decades and he was supportive of the motion.
Council then voted to provide the third reading to the amendment bylaw. (see page 221 of Agenda)
( 1:32:00 -- 1:34:00 ) 2023 Zoning Amendment Bylaw Number 3506, 2023 -- Having one out of order on the Agenda Councillor Adey returns to the item that had been missed, which saw Council repeal the previous bylaw and give first and second reading to the City of Prince Rupert Zoning Amendment Bylaw 3506, to permit child care facilities in all public zones. The Corporate Administrator advised why there was a need to repeal the document. Council took care of the issue with no further discussion. (see pages 218-220 of Agenda)
Business Arising
( 1:34:00 -- 1:48:00 ) Council Round Table and Public Question Period --
Councillor Adey spoke of the success of Seafest over the weekend, noting of the strong attendance, high spirit of community and the impressive nature of the parade participants and the effort they put into the event. Towards the event he paid tribute to the Special Events Society and their work to bring it all together.
He also shared thoughts on a canoe blessing hosted at Prince Rupert Middle school last week, noting of the volume of participation and cooperation from many that went into the project.
Councillor Cunningham also took note of the weekend's events and offered his thanks to all the volunteers that assisted special events, noting of some of the youth that participated, He also highlighted the many sports events that took place. He observed how the weekend brought everyone together.
Councillor Forster echoed the salute to the volunteers of Seafest, she also called attention to Indigenous History month and how residents could review the 94 calls to action from the Truth and Reconciliation Report.
Ms. Forster also observed that it was Filipino Heritage Month, as well as PRIDE month observing of the upcoming event at the Wheelhouuse. She also reminded council of Lock in For love at the SPCA and the upcoming Dry Grad.
The Councillor also shared with Council that she would be attending a Harm Reduction session in Vancouver a project funded locally, but not through City Council.
Councillor Randhawa also paid tribute to the organizers of Seafest and noted that he had heard often a wish for the parade to be longer and use 2nd Avenue West.
Councillor Niesh observed of his attendance at a thank you event for those involved with making the new Wheelhouse project go ahead at the CN Heritage building, he noted of how he was impressed with seeing the building come to life again. Noting how it is an asset that is owned by the taxpayers and it is his hope that the community supports the business, so it will thrive in that location for many years
Mayor Pond spoke to the topic of the downtown area look with much in the way of plywood and observed that some of the challenges was that there are challenges in getting glaziers to get the glass in, he also had a question for staff related to a permit towards demolition of the Belmont Hotel.
Towards that, the Corporate Administrator advised that ink would be on the approval for a demolition order for the property in the moring.
Councillor Skelton-Morven observed of Indigenous History Month and the desire to build bridges, as well as towards some of the push back at times on housing for the Indigenous population in the community, he also made note of Pride Month.
The Councillor also shared word of his plans to seek the post of Chief Councillor for the Metlakatla First Nation in their upcoming election process, which if successful would mean that he would be relinquishing is post on council, requiring a by-election for City Council.
Councillor Cunningham wished him well in his campaign.
Prior to adjournment there was some kind of request from the gallery for a Point of Information, the City Manager advised that there was not a procedure for that as it was not on the Agenda.
A response that did not seem to be received well from the gallery.
Councillor Adey than advised those in the gallery to take their concerns to the Corporate Administrator following the Council Session.
Adjournment -- Councillor Adey then brought the session to a close with a call to adjourn with the Council members then moving into a Closed Session, under the Community Charter sections:
90.1 (c) labour relations or other employee relations
90.1 (e) - the acquisition, disposition or expropriation of land or improvements if the council considers the disclosures could reasonably be expected to harm the interests of the municipality.
You can access our Council Archive for June 12th here, from that page a number of items regarding the Council Session, including links to any local media coverage can be found.
As always, our Council Timeline is only a reflection of our observations from the Council session of the night. Be sure to consult with the official minutes from the City, when posted to their website for further review.
Council next meets in a Regularly scheduled session on Monday, June 26th, 2023
That session starts at 7PM.
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