Council Agenda. The following procedures apply to all delegations before Council:

Transcription

1 Council Agenda Monday, September 26, 2016 at 7:00 p.m. Welcome to the REGULAR MEETING OF COUNCIL Council Chamber, City Hall nd Street Yellowknife All presentations pertaining to items on the Agenda for the meeting shall be heard under the Delegations Pertaining to Items on the Agenda, portion of the Order of Business. All presentations pertaining to items not on the Agenda shall be heard under the Delegations Pertaining to Items Not on the Agenda portion of the Order of Business. The following procedures apply to all delegations before Council: a. all delegations shall address their remarks directly to the Presiding Officer and shall not pose questions to individual Members or Administration; b. each presenter shall be afforded five minutes to make their presentation; c. the time allowed to each presenter may be extended beyond five minutes by a resolution of Council; d. after a person has spoken, any Member may, through the Presiding Officer, ask that person or the City Administrator relevant questions; and e. no debate shall be permitted on any delegation to Council either between Members or with an individual making a presentation. Please refer to By-law No. 4250, the Council Procedures By-law, for the rules respecting the procedures of Council. Councillor Rebecca Alty Councillor Adrian Bell Councillor Linda Bussey Councillor Niels Konge COUNCIL: Mayor Mark Heyck Councillor Shauna Morgan Councillor Julian Morse Councillor Steve Payne Councillor Rommel Silverio All annexes to this agenda may be viewed on the City s website or by contacting the City Clerk s Office at

2 COUNCIL AGENDA September 26, 2016 Item No. Description OPENING PRAYER/MEDITATION 1. Councillor Konge will read the Opening Prayer/Meditation. We are grateful for our city, for our homes, for our neighbours, and for our freedom. We are grateful for the opportunity we have to meet here and to serve our fellow citizens. May we bring both the strength of our convictions, and the willingness to listen and learn, to our discussions. May we consider the needs and aspirations of all our fellow citizens in our decisions. And may we always represent our constituents with dignity, integrity, and honesty. AWARDS, CEREMONIES AND PRESENTATIONS 2. There were no awards, ceremonies or presentations for the agenda. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S) Previously Distributed 3. Minutes of Council for the regular meeting of Monday, September 12, 2016 are presented for adoption. 4. Councillor Konge moves, Councillor seconds, That Minutes of Council for the regular meeting of Monday, September 12, 2016 be presented for adoption. Unanimous In Favour Opposed Carried / Defeated DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 5. Does any Member have a pecuniary interest in any matter before Council tonight? CORRESPONDENCE & PETITIONS 6. There was no correspondence nor were there any petitions for the agenda. DM# Page 1

3 COUNCIL AGENDA September 26, 2016 Item No. Description STATUTORY PUBLIC HEARINGS 7. There were no Statutory Public Hearings for the agenda. DELEGATIONS PERTAINING TO ITEMS ON THE AGENDA 8. There were no delegations pertaining to items on the agenda. MEMBER STATEMENTS 9. A request to proclaim October 9 October 15, 2016 as Fire Prevention Week in the City of Yellowknife. 10. A request to proclaim October, 2016 as United Way Month in the City of Yellowknife. 11. Are there any Member statements from the floor? INTRODUCTION AND CONSIDERATION OF COMMITTEE REPORTS Councillor Konge will introduce the following reports: 12. Municipal Services Committee Report for September 12, Councillor Konge moves, Councillor seconds, That Council direct Administration to continue discussions with the Yellowknife Climbing Club for the installation and operation of a climbing wall in the Fieldhouse; further that the requested financial contribution of $185,050 be considered in the 2017 Capital Plan. Unanimous In Favour Opposed Carried / Defeated DM# Page 2

4 COUNCIL AGENDA September 26, 2016 Item No. Description 14. Councillor Konge moves, Councillor seconds, That Council direct Administration to proceed with Phase 2 of the Engle Business District development, including: a. Road and lot layout engineering design with development cost estimates; and b. Preparation of an Area Development Plan and amendments to the Zoning By-law, to allow for Engle Business District Phase 2 development. Unanimous In Favour Opposed Carried / Defeated 15. Municipal Services Committee Report for September 19, Councillor Konge moves, Councillor seconds, That Council direct Administration to request that the GNWT consider legislative amendments that would allow: i) municipalities to use Local Improvement Charges for energy retrofits; ii) the implementation of a levy on lodging; iii) municipalities to phase-in tax increases resulting from a General Assessment; iv) municipal governments to request payment in lieu of taxes if all reasonable attempts to collect the outstanding taxes have not been successful; v) changing the name of the Grants in Lieu of Properties Policy to Payment in Lieu of Properties Policy ; and vi) the service of a summons of a parking ticket by mail. Unanimous In Favour Opposed Carried / Defeated ENACTMENT OF BY-LAWS 17. There were no by-laws for the agenda. DM# Page 3

5 COUNCIL AGENDA September 26, 2016 Item No. Description DEFERRED BUSINESS AND TABLED ITEMS 18. There was no deferred business and there were no tabled items for the agenda. 19. Is there any deferred business or are there any tabled items from the floor? OLD BUSINESS 20. There was no old business for the agenda. 21. Is there any old business from the floor? NOTICES OF MOTION 22. There were no notices of motion for the agenda. 23. Are there any notices of motion from the floor? DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA 24. There were no delegations pertaining to items not on the agenda. NEW BUSINESS 25. A memorandum regarding whether to appoint Melanie Renaud as a Bylaw Officer for the City of Yellowknife. 26. Councillor Konge moves, Councillor seconds, That: 1. Pursuant to s. 137 of the Cities, Towns and Villages Act, S.N.W.T. 2003, c.22, Melanie Renaud be appointed as a By-law Officer I for the City of Yellowknife and assume the rank of Constable; and 2. That the term of appointment shall expire upon termination of employment with the City of Yellowknife as a By-law Officer. Unanimous In Favour Opposed Carried / Defeated DM# Page 4

6 COUNCIL AGENDA September 26, 2016 Item No. Description 27. Is there any new business from the floor? ADMINISTRATIVE ENQUIRIES 28. There were no administrative enquiries for the agenda. 29. Are there any administrative enquiries from the floor? ADJOURNMENT DM# Page 5

7 United Way Northwest Territories Change starts here August 25, 2016 Mayor Mark Heyck City of Yellowknife PO Box 580 Yellowknife NT X1A 2N4 To His Worship Mark Heyck, Every year, the City of Yellowknife is a great supporter of the United Way NWT. Thanks to payroll campaigns like yours, over $150,000 were raised for nonprofits of the NWT in In order to continue this momentum, we are hoping that you will proclaim the month of October as United Way Month. This proclamation will be profiled at the launch of our four-week campaign, which will run from September 24 th to October 22 nd This year, we've decided to host our public launch event alongside our 2015/2016 AGM. This will allow us to celebrate our past year, while also looking ahead! This event will be a free BBQ lunch starting at 12:00pm, with our AGM to follow at 1:30pm. NWT Breast Health/Breast Cancer Action Group, the organization having received our first ever multi-year funding grant will be presenting during the BBQ, and we would very much appreciate if you would be willing to speak at the BBQ as well. Over the last three years, the Community Investment Committee has invested almost $300,000 in charities in Yellowknife and across the NWT. The Community Investment Fund enables local non-profit charities to apply on these funds and receive monies to help sustain their programs or implement new ones. Last year, organizations like Food Rescue, the Yellowknife Food Bank, and the YWCA received grants of up to $7,500. We were also excited to present our first ever multi-year funding investment to NWT Breast Health/Breast Cancer Action Group office@nwt.unitedway.ca (867) facebook/unitedwaynwt Box 1145, Yellowknife, NT, X1A

8 United Way Northwest Territories Change starts here for $45,000 over three years. For a complete listing, please visit our website at Payroll deduction has been the primary means of collecting funds and community minded-individuals and businesses have responded generously. The money raised by United Way NWT through payroll deductions and other fundraisers stays in the North. This year, we look forward to working with the City to build on the momentum of City staff involved with our payroll campaign. We would also like to provide the opportunity for members of City Council to participate in our payroll deduction program and lend their support for our mission of community development. In closing, I want to thank you for your continued support and for making yourself available at our launch. Tracy St. Denis Chair office@nwt.unitedway.ca (867) facebook/unitedwaynwt Box 1145, Yellowknife, NT, X1A

9 Monday, September 12, 2016 at 12:05 p.m. Report of a meeting held on Monday, September 12, 2016 at 12:05 p.m. in the City Hall Council Chamber. The following Committee members were in attendance: Chairman: Mayor M. Heyck, Councillor A. Bell, Councillor L. Bussey, Councillor N. Konge, Councillor S. Morgan, Councillor J. Morse, and Councillor R. Silverio. The following members of Administration staff were in attendance: D. Kefalas, J. Dalley, C. Greencorn, J. Humble, D. Marchiori, N. Naidoo, K. Penney, G. White, and D. M. Gillard. Item Description (For Information Only) 1. There were no disclosures of pecuniary interest. (For Information Only) 2. Committee heard a presentation from Russell Neudorff, Deputy Minister of the Department of Transportation GNWT, regarding the Three Transportation Corridors and the Evolution of the Yellowknife Airport. Mr. Neudorff advised that proposed changes to the Yellowknife Airport include the establishment of a revolving fund to enable the Airport to become financially self-sustaining, an increase of aeronautical fees and the introduction of an

10 September 12, 2016 Airport Improvement Fee. In response to questions from Committee, Mr. Neudorff advised that they are not asking for an airport authority at this time, but that they are asking for the Airport to operate as one and become a self-sufficient operation. 3. Committee read a memorandum regarding regarding whether to include a budget request in the amount of $185,050 from the Yellowknife Climbing Club for the development of a climbing wall within the Fieldhouse. Committee noted that on May 24, 2016 Committee heard a presentation from Eric Binion, a representative of the Yellowknife Climbing Club (the Club) regarding a proposal for the development of a climbing wall within the Fieldhouse facility. City staff has met with members of the Club to discuss the possibility of partnering on the development of a climbing wall in a City facility. Tours have been made to the existing climbing facility as well as various other City facilities such as the Multiplex and Fieldhouse to determine what facility would best meet the needs of both the Club and the City. Following these tours the preferred location for a climbing wall is in the lobby of the Fieldhouse. Other locations have been discussed but based on supervision and safety, the Fieldhouse was determined to be the best location. Throughout the discussions, the Club was informed that a climbing wall must meet certain conditions of the City such as not interfering with traffic patterns, blocking any existing internal and external glazing, minimize any additional costs to the City, and most importantly that Council will decide if the project is to receive support through the budget process. Following the May 24th presentation, the Club has provided the City with an updated concept of a climbing facility in the lobby of the Fieldhouse. The concept has addressed much of the concerns relating to the issue such as traffic patterns and not interfering with internal and external glazing. There is still several costs associated with the project that the City would have to investigate further. Cost such as relocating the entrance to the indoor playground and associated power and IT connections, relocating the front desk and all associated power and IT connections and possibly relocating sprinkler heads. These costs have not been determined and will be followed up on if the project is supported by Council. The operation of the climbing wall has been discussed in broad terms only. Following the completion of the climbing wall the City would become the owner and operator. Access will be restricted to appropriate pass holders who have been properly trained to utilize the apparatus. The City would be in a position to contract/hire Club members to offer climbing programs and assist with any certification that will be required. Committee noted that Council s policies, resolutions or goals include: Council Goal #2 Stewards of our natural and built environments. Council Goal #4 Creating and sustaining meaningful relationships. Committee noted that applicable legislation, by-laws, studies or plans are not applicable. DM# Page 2

11 September 12, 2016 Committee noted that if the project is supported, the City will carry out research with other municipalities that have similar arrangements to determine best practices for operation of the climbing wall. The draft Community Services Capital Budget as prepared by Administration focuses on existing or previously identified projects. It does not include an allocation for the development of a climbing wall. The request of $185,050 is for the design and development of the climbing apparatus only, it does not contemplate the costs associated with relocating the access door to the indoor playground, the costs associated with relocation of the Booking Clerk station, nor the cost of moving sprinkler heads if required. If the project is supported, these additional costs will be further developed to be brought forward at the appropriate time for Council to consider. The installation of a climbing wall in the Fieldhouse will provide an additional revenue source for the City. It is anticipated that those currently utilizing the facility will remain users at the new location and it is also expected that many more users will be attracted. Through regular and ongoing discussions with Senior Management staff, all affected Departments have been consulted. Although there is an existing climbing wall operated by the Climbing Club, this development will provide higher visibility, allow for more programming through the Program Division and will provide additional users to the Fieldhouse facility on a year around basis. The Club membership currently ranges between 70 and 100 members and it is expected these users will continue and others added. Committee noted that the City has been in ongoing discussions over several years with the Yellowknife Climbing Club for the development of a climbing wall in a City facility. The current executive made a presentation to Committee on May 24, 2016 indicating their desire to develop a climbing wall in the Fieldhouse lobby. The Club has indicated the climbing wall to be $185,050; however there are City costs to be added to the project total as well. If the project is supported these additional costs will be identified and brought forward to meet the appropriate budget discussions. Currently the draft Capital Budget, as compiled by Administration, includes previously identified projects or those that have been identified as asset management projects. It does not include any allocation for the development of a climbing wall. The addition of a climbing wall to the Fieldhouse will enhance the number of users at this facility and provide for additional programming and drop-in users. DM# Page 3

12 September 12, 2016 Mr. Eric Binion, a representative of the Yellowknife Climbing Club, was in attendance and in response to questions from Committee advised that some of their equipment is transferrable to an alternate location and that they have set aside $30,000 that can be used toward the implementation of a climbing wall. The majority of Committee spoke in favour of bringing forward this proposal for consideration during the upcoming 2017 budget deliberations. Committee recommends that Council direct Administration to continue discussions with the Yellowknife Climbing Club for the installation and operation of a climbing wall in the Fieldhouse; further that the requested financial contribution of $185,050 be considered in the 2017 Capital Plan. MOVE APPROVAL 4. Committee read a memorandum regarding whether to proceed with Engle Business District Phase 2 development. Committee noted that the Engle Business District development started in Administration consulted with the public on the development of this area west of the airport with industrial uses through information sessions in February The 2007 Concept Plan (Figure 1) laid out the development of this area of land in three phases. On March 12, 2007, Council adopted the Airport West Industrial Development Scheme By-law No (for Phase 1 of the area) and By-law No to set up GI General Industrial and BI Business Industrial zones in Phase 1; on April 10, 2007, the Airport West Industrial l Development Area was named by Council as the Engle Business District. The industrial land sale in the City of Yellowknife has experienced significant growth in 2016 with sale of 11 lots in Engle Business District Phase 1 and 4 lots in Enterprise Drive over past seven months. With the Engle Business District Phase 1 sold out, Administration is still receiving inquiries on lots available for development of bulk fuel storage and heavy industrial land intensive uses. The Engle Business District is currently the only area in the City allowing bulk fuel storage as a permitted use. In response to the demand for heavy industrial lots in the City, Administration seeks Council approval to move forward with Phase 2 of the Engle Business District development. Committee noted that Council s policies, resolutions or goals include: Council Objective 1(a) Realize Opportunities to Encourage Economic Growth and Diversity. Council Objective 2(d) Promote a Range of Commercial, Residential and Institutional Development and Revitalization Opportunities. Council Objective 4(b) Advance the City s Interest in Responding to Social, Environmental and Economic Issues and their Impacts. Motion # That Council approve in principle a new Kennel Zone in Engle DM# Page 4

13 September 12, 2016 Motion # Business District Phase III and direct Administration to proceed with the development of a Kennel Zone, including rezoning, an Area Development Plan, engineering design and marketing plan. That Council direct Administration to terminate the lease with the Dog Trotters for Lot 1, Block 503 effective November of Committee noted that applicable legislation, by-laws, studies or plans include: 1. Cities, Towns and Villages Act; 2. Community Planning and Development Act; General Plan By-law No. 4656; 4. Zoning By-law No. 4404, as amended; and 5. Environmental Inventory for Engle Business District Phase 2-3 Study. The City of Yellowknife is granted the power to control land uses by way of a Zoning By-law under the Community Planning and Development Act. Adoption of an Area Development Plan and Zoning By-law amendments require formal Public Notice and a Public Hearing before Council in accordance with provisions of the Cities, Towns and Villages Act. In the 2011 General Plan the entire Engle Business District is designated Industrial and defined as a multi-phased project that accommodates a variety of general industrial and business industrial uses. It is the intended relocation area for existing heavy industrial uses in other parts of the City. Existing industrial uses in target areas including Old Town, Downtown, Old Airport Road, and Kam Lake are encouraged to relocate over time to the Engle Business District. Section 3.10 Policy 3 of the General Plan states that future phases of the Engle Business District will be opened for development as land supply in earlier phases diminish and when deemed appropriate by Council. Figure 1 shows the 2007 Concept Plan for the Engle Business District with the 2015 aerial image placed on top. The Deh Cho Boulevard extension and multi-use trail along the extension were installed in Actual road location offset slightly to the west between Phase 1 and Kam Lake. Recommended Phase 2 development area is outlined in red dashed line on Figure 1. The 2007 concept plan did not consider the existing road to Fiddlers Lake, which intersects Deh Cho Boulevard at the south end of Phase 2. An existing sewer force main runs along this road and Deh Cho Boulevard, connecting Lift Station No. 6 (at 17 Balsillie Court in the Hordal Bagon area) to the Fiddlers Lagoon. This existing road is not paved and the narrow roadway does not meet City standards. The portion within the subdivision needs to be upgraded and will be taken into consideration as part of Phase 2 s road network. The original concept includes the lands on the east side of Deh Cho Boulevard. These lands are not considered for Phase 2 development due to the close proximity to the airport runway and potential development restrictions. DM# Page 5

14 September 12, 2016 Deh Cho Boulevard Existing multi-use trail along Deh Cho Boulevard PHASE 1 Existing Road to Fiddlers Lake RECOMMENDED PHASE 2 DEVELOPMENT AREA Potential area for a new kennel zone Figure 1: Engle Business District Concept Plan with 2015 Site Aerial Image Overlay An additional area recommended to be part of Phase 2 is the potential kennel zone as identified on Figure 1. The Yellowknife Dog Trotter Association (DTA) has been leasing the City land (Figure 2) at 191 Curry Drive since The current lease is for a term of 10 years from December 1, 2007 to November 30, During the Kam Lake area improvement and rezoning consultations, concerns regarding noise, dog waste, odours, and general incompatibility of kennels with other uses were raised; it was suggested that the DTA s kennel be relocated from Kam Lake to the Engle Business District. At its prime waterfront location, Lot 1 Block 503 is no longer a suitable site for dog kennels. DM# Page 6

15 September 12, 2016 The Kam Lake zoning amendment By-law No adopted on March 9, 2015 restricts new kennel development in the Kam Lake industrial zone. On July 27, 2015, Council passed Motion # directing Administration to terminate the lease by the end of the term. These changes plus natural growth of the kennel business in town result in potential land demand for kennel development. The consideration of a new kennel zone in the Engle Business District will address the need for kennel lots. It is noted that the Dog Trotters Association has not confirmed their kennel relocation. Administration met with the DTA in 2014 requesting the kennel relocation by November 30, Administration also sent multiple and repeated requests to meet and confirm relocation details in 2015, before and after the Council Motion for the lease termination, but the Association remains unresponsive. Figure 2: Location of Lot 1 Block 503 In Phase 1, lots along Deh Cho Boulevard are zoned BI Business Industrial and the rest of the lots are zoned GI General Industrial. Other areas of the Engle Business District are currently zoned GM - Growth Management. If Phase 2 is to proceed then the GI and BI zoning classification would be used, and a new kennel zone would be introduced. Kennels are a conditionally permitted use in the GI zone, but caretakers units are not permitted. According to the initial discussions with the Dog Trotters Association in 2014, caretakers unit is a desired component for kennel development, which would be considered in the new kennel zone. In 2008 the City retained Golder Associates to conduct an environment study - Environmental Inventory for Engle Business District Phase 2-3. The report states that there appear to be no significant issues concerning vegetation, wildlife or hydrological resources DM# Page 7

16 September 12, 2016 associated with the proposed Engle Business District Phase 2-3 Concept Plan and recreational nature trail. Much of the area to be disturbed occurs on bedrock or in spruce forest with development parcels intentionally avoiding wetlands and other low lying areas. Relating to road and layout design, it is recommended that sufficient setbacks (minimum 15m) should be delineated between parcels and wetland complexes, development plans should utilize the existing gravel road to Fiddlers Lake, and trail routing should attempt to follow bedrock and other upland options when possible. Subject to approval of the above noted recommendation, Administration would proceed toward road and lot layout design, construction design and marketing of the subdivision as well as the preparation and adoption of an Area Development Plan (ADP) and Zoning By-law amendments. A request for proposal (RFP) will be issued for the road and layout design and engineering design. Administration will work with the selected consultant to confirm the design of road network and lot layout. The road network will include the existing road to Fiddlers Lake. The process for the Area Development Plan and Zoning By-law amendments will provide opportunities for public input before final approval of Council. A preliminary timeline is summarized below. If decided to proceed Sep-Oct 2016: RFP (preparation, issuance, and award) Oct-Dec 2016: Concept design of road network and lot layout Sep 16-Feb 17: ADP and ZBL amendments preparation, consultation and finalization; Public hearing and adoption of by-laws Jan-Apr 2017: Engineering design and tender for construction Apr-Jul 2017: Subdivision survey; Appraisal; Marketing Plan Jun-Oct 2017: Road Construction Committee noted that the City s current land inventory for industrial land cannot meet development demands and long range planning documents support the opening of further phases in the Engle Business District once Phase 1 is complete. Committee recommends that Council direct Administration to proceed with Phase 2 of the Engle Business District development, including: a. Road and lot layout engineering design with development cost estimates; and b. Preparation of an Area Development Plan and amendments to the Zoning By-law, to allow for Engle Business District Phase 2 development. MOVE APPROVAL (For Information Only) 5. Committee read a memorandum regarding whether to enter into a lease with Enerchem International Inc. for land in the Engle Business District Phase 2, with an obligation to purchase such land, upon marketing of the Engle Business District Phase 2 Subdivision. Committee noted that the Engle Business District development started in Administration consulted with the public on the development of this area west of the airport with industrial uses through information sessions in February The 2007 Concept Plan (Figure 1) laid out the development of this area of land in three phases. On March 12, 2007, Council adopted the Airport West Industrial Development Scheme By-law DM# Page 8

17 September 12, 2016 No In July of 2016 the City sold the last remaining lots in Engle Business District Phase 1. In a separate memo brought forward on September 12, 2016, Administration has recommended commencing the design and construction of Engle Business district Phase 2. The Engle Business District is currently the only area in the City allowing bulk fuel storage as a permitted use. Prior to the sale of the few remaining lots Enerchem International Inc. expressed interest in purchasing several acres for purposes of bulk fuel storage. They were looking to commence development in 2016, however Engle Business District is the only location in the City which would permit this use. Based on the circumstances, Administration is proposing a temporary lease for up to two acres of land for an interim period. Enerchem International Inc. has agreed to enter into an agreement that would obligate them to purchase the property at the appraised/market value established after the Engle Business District Phase 2 design is completed and the subdivision is ready for marketing. Committee noted that Council s policies, resolutions or goals include: Council Objective 1(a) Realize Opportunities to Encourage Economic Growth and Diversity. Council Objective 2(d) Promote a Range of Commercial, Residential and Institutional Development and Revitalization Opportunities. Council Objective 4(b) Advance the City s Interest in Responding to Social, Environmental and Economic Issues and their Impacts. Committee noted that applicable legislation, by-laws, studies or plans include: 1. Cities, Towns and Villages Act; 2. Community Planning and Development Act; General Plan By-law No. 4656; 4. Zoning By-law No. 4404, as amended; and 5. Land Administration By-aw No Committee noted that in the 2011 General Plan the entire Engle Business District is designated Industrial and defined as a multi-phased project that accommodates a variety of general industrial and business industrial uses. It is the intended relocation area for existing heavy industrial uses in other parts of the City. Existing industrial uses in target areas including Old Town, Downtown, Old Airport Road, and Kam Lake are encouraged to relocate over time to the Engle Business District. Section 3.10 Policy 3 of the General Plan states that future phases of the Engle Business District will be opened for development as land supply in earlier phases diminish and when deemed appropriate by Council. Pursuant to the Land Administration By-law No. 4596, land is leased at a rate in accordance with the City s Fees and Charges By-law. The lease fee charged for the interim period will not make up part of the purchase price of the lot. The latter will be determined when the subdivision design and marketing plan is completed pursuant to the appraisal for the DM# Page 9

18 September 12, 2016 subdivision. As part of the lease agreement Enerchem International Inc. will be required to provide an environmental deposit for the term of the lease, and a non-refundable estimated 15% deposit of the appraised price that will eventually go toward the final lot price. The eventual sale of the land will be subject to completion of the subdivision survey and adoption of the disposal by-law for the Engle Business District Phase 2 subdivision. Figure 1 shows the 2007 Concept Plan for the Engle Business District with the 2015 aerial image placed on top. The Deh Cho Boulevard extension and multi-use trail along the extension were installed in Actual road location offset slightly to the west between Phase 1 and Kam Lake. Recommended Phase 2 development area is outlined in red dashed line on Figure 1. The approximate area considered for lease and eventual sale is near the southwestern corner of Phase 1 and consists of approximately 2 acres. This location was chosen as it is the only parcel that can be simply delineated via survey sketch, is directly adjacent the roadway stub, and is compliant with the zoning. DM# Page 10

19 September 12, 2016 Deh Cho Boulevard Existing multi-use trail along Deh Cho Boulevard PHASE 1 Existing Road to Fiddlers Lake Recommended lease area for Enerchem (portion of Lot 44 Block 907) RECOMMENDED PHASE 2 DEVELOPMENT AREA Figure 1: Engle Business District Concept Plan with 2015 Site Aerial Image Overlay If Phase 2 is decided to proceed The timelines for the subdivision design are illustrated below. While the lease term may be drafted for up to two years, it is Administration s aim to have the property sold to Enerchem International Inc. by the middle of Sep-Oct 2016: RFP (preparation, issuance, and award) Oct-Dec 2016: Concept design of road network and lot layout Sep 16-Feb 17: ADP and ZBL amendments preparation, consultation and finalization; Public hearing and adoption of by-laws Jan-Apr 2017: Engineering design and tender for construction Apr-Jul 2017: Subdivision survey; Appraisal; Marketing Plan Jun-Oct 2017: Road Construction DM# Page 11

20 September 12, 2016 Committee noted that the lease arrangement will allow Enerchem International Inc. to commence operations in Yellowknife at the present time. With a 15% deposit and environmental security there is limited risk to the City and it will secure a sale of up to two acres which will provide additional revenue to the Land Development Fund while growing the tax base. The lease arrangement would occur concurrent to the design of the subdivision. Mr. Jamie Nielson and Darwin Wren of Enerchem International Inc. were in attendance to answer any questions. In response to questions from Committee Mr. Nielson advised that they intent to develop a storage facility for the storage of Furnace Fuel, Jet A1 and Jet B fuels. Committee recommended that Council approve a lease with Enerchem International Inc. for up to two years for a portion of Lot 44, Block 907 which includes the obligation to purchase at the appraised value upon marketing of the Engle Business District Phase 2 Subdivision. Committee noted that this matter will be considered at that evening s Council meeting. 6. The meeting adjourned at 1:30 p.m. DM# Page 12

21 Monday, September 19, 2016 at 12:05 p.m. Report of a meeting held on Monday, September 19, 2016 at 12:05 p.m. in the City Hall Council Chamber. The following Committee members were in attendance: Chairman: Mayor M. Heyck, Councillor R. Alty, Councillor A. Bell, Councillor L. Bussey, Councillor N. Konge, Councillor S. Morgan, Councillor S. Payne. The following members of Administration staff were in attendance: D. Kefalas, J. Dalley, J. Humble, C. Greencorn, D. Marchiori, N. Naidoo, K. Penney, G. White, W. Yu, and D. M. Gillard. Item Description (For Information Only) 1. Councillor Bussey declared a conflict of interest with regard to the in camera matter. (For Information Only) 2. Committee read a memorandum regarding whether to consult the neighbours, stakeholders, and the general public regarding options for a dock site licensing program to allow for individual float plane or boat owners to use an assigned dock site on public lands. Committee noted that Council passed a motion directing Administration to research and

22 September 19, 2016 bring forward information regarding licensing of docks on November 10, Administration conducted file research and started working on a dock inventory in the summer of The background research was focused on the Morrison Drive West waterfront where there are a number of existing private docks occupying the public waterfront with no sublease. The City of Yellowknife ( City ) holds two 30-year Head Leases in this area. In 1980s there were a number of 5-year subleases with adjacent property owners for recreational purposes (dock for one float plane mooring), the latest sublease expired in The City has since stopped issuing subleases in an effort to gradually open the waterfront public lands for public use, together with the preparation of an overall waterfront plan. The Waterfront Management Plan (2000) was adopted in 2001 and then was repealed and replaced by policy direction in the Yellowknife Harbour Plan. The Harbour Plan was adopted for information by Council on June 25, One of the 43 recommendations in the Harbour Plan is Restrict leases for private use of public waterfront land between Tin Can Hill and the ski club. Administration had proposed plans (e.g. developing a boardwalk along the Morrison Drive waterfront, and allowing public use of property off of Lessard Drive behind a portion of Morrison Drive residences for floatplane and boat docking) to open the public-owned waterfront for public use but encountered opposition from adjacent property owners. Along the entirety of Morrison Drive there are 38 residential properties on the west side of the road adjacent to the City leased area which has approximately 33 private waterfront docks. For continuous use of the water lot keeping the dock in use rather than removing the dock and structures upon termination of the sublease in 1993, 28 property owners still pay an annual property tax of $200 after the expiration of previous subleases. Docks installed after have no tax rolls set up and no property taxes have been collected for them. To address the need for public use of the waterfront and to properly manage the shoreline space with fair allocation of available dock sites and consistent property taxes applying to all docks, Administration has explored options for licensing of docks for discussion. Committee noted that Council s policies, resolutions or goals include: Objectives 1(d) Emphasize Fairness, Value and Transparency in Financial Decisions, Program Delivery and Land Administration. Objectives 2(a) Objectives 2(b) Maintain, Respect, Preserve and Enhance the Natural Environment, Natural Heritage and Green Space. Improve Transit, Roads, Sidewalks, Recreation Facilities and Trails with an Emphasis on Active and Healthy Living Choices. Motion # That Council direct Administration to research and bring forward information regarding licensing of docks between Lessard Drive and Otto Drive. DM# Page 2

23 September 19, 2016 Committee noted that applicable legislation, by-laws, studies or plans include: 1. Cities, Towns and Villages Act; 2. Community Planning and Development Act; 3. Property Assessment and Taxation Act; 4. Public Parks and Recreation By-law No. 4564; 5. Zoning By-law No. 4404, as amended; 6. Land Administration By-law No. 4596, and 7. Yellowknife Harbour Plan (2012). Committee noted that the City of Yellowknife is granted the power to control land uses by way of a Zoning By-law under the Community Planning and Development Act. The study area of the Harbour Plan covers the entire Yellowknife Bay shoreline to the southernmost boundary of the city. The Harbour Plan envisions that Yellowknife Harbour will have beautiful waterfront parks and open spaces that are well connected, clearly public and accessible to all. The Plan also calls for restriction on leases for private use of public waterfront land. The Plan recommends enhancing existing green spaces, developing new parks along the waterfront and connecting waterfront parks with three primary trails: Mine to Mine, Harbour Trail, and Yellowknife Bay Trail. The public lands adjacent to Morrison Drive are identified as a location for a public docking area for recreational float planes and boats, with public walkway and amenities recommended along the docking area. Currently the City owns and maintains seven public docks within the municipal boundary and will install a public dock in the Hank Koenen Park in the summer of In 2015, the City provided temporary floatplane docks on Lot 3 Block G south of Lessard Drive with the consent of the property owner; the docks were removed and not re-installed in Table 1: Existing Public Docks Existing Public Docks Use Listed in the Public Parks and Recreation Facilities By-law (Schedule A) Giant Mine Boat Dock on a portion of Boats #11, as a park Lease 17889T Otto Drive Park public dock Boats #28, part of the park Rotary Centennial Waterfront Park Non-motorized boats (no #30, part of the park public dock direct vehicle access) Watt Drive Park public dock Boats #33, part of the park Public dock at Yvonne Quick Heritage Boats #38, part of the park Wharf on Lot 10, Block A Plan 3801 Hank Koenen Park public dock on Lot Non-motorized boats #38.1, part of the park 5, Block D, Plan 70 Old Town Boat Launch adjacent to Boats #38.4, as a park Lot 1 Block 20 Back Bay public dock within Block 13, Plan 1750 directly north of Lois Lane Non-motorized boats (no direct vehicle access) #49, as a recreational facility DM# Page 3

24 September 19, 2016 In addition to the public docks in officially designated parks, there are many unauthorized private docks along public-owned waterfront that are utilized for non-motorized/motorized boats, and float planes. Table 2 below indicates site locations and lease information. The City has leases for most of the sites but, with the exception of the Great Slave Cruising Club (Giant Mine Town Site), does not currently sublease to other parties. Thus any private dock is technically considered an unauthorized use and pursuant to the Harbour Plan proper regulatory controls need to be established over time. Frame Lake waterfront is not included due to the water quality concerns and uncertainty on boating at this time. Along the School Draw East shoreline there are a number of private docks; the City does not have a shoreline lease therefore this area is excluded from the dock site review at this time. Table 2: Potential Areas for Dock Sites Map Location Existing Docks* Background/Discussion Old Town (Map B) Morrison Drive West - North Portion (B1) Morrison Drive West - South Portion (B2) Latham Island East Shore (B3, B4, B5) McMeekan Causeway (B6) Weaver Drive Waterfront (B7) Back Bay (B8) 24 private docks (float planes and boats) 10 private docks (float planes and boats) 5 private docks; 1 public dock (boats) 12 private docks on the east side (boats) 2 private docks (float planes) 1 public dock directly north of Lois Lane and 1 private dock on the west end of the shoreline (non-motorized boats) City leased lands, unsurveyed. Approximate shoreline length is 500m. Recommended area for the next phase of dock licensing program following B2. City leased lands (Lots 4 to 9, Block G) and unsurveryed Watt Drive parcel (in the process of land application). Approximate shoreline length is 200m. Recommended area to start the dock licensing program. City leased lands, unsurveyed. The NWT Floatplane Association at one point suggested 1 to 3 public docks for floatplanes along B5 Mitchell Drive shoreline. Recently the City received a verbal request for subleasing the waterfront land for a private dock from a Harriets Lane resident. Recently acquired, City leased lands, unsurveyed. The intent of the lease application is to stabilize the bank and manage the shoreline for public use. Space is limited, docks for boats would be a better fit than for floatplanes. City owned surveyed lot (Lot 11, Block E). Current access to the lot is through the adjacent private-owned property. There is room for direct access from Weaver Drive, the water lot has the potential to accommodate two public floatplane docks, enforcement against existing private docks is required. City leased lands, unsurveyed. Water level is probably low in this area, not recommended for new docks in the near future Giant Waterfront 1 public boat launch and City leased lands, unsurveyed. Two subtenants: the DM# Page 4

25 September 19, 2016 Map Location Existing Docks* Background/Discussion Mine (Map A) Con Shoreline (Map C) Kam Lake West (Map D) land parcel (A1) and water parcel (A2) Rotary Park (C1) Con Mine (C2) Kam Lake West Waterfront 1 boat dock for the Cruising Club along their leased waterfront I public dock (nonmotorized boats) A few private boat docks along the Con Mine town site shoreline 4 private docks (float planes and boats) Great Slave Cruising Club and the NWT Mining Heritage Society. The Yellowknife Harbour Plan provides a design concept for a potential boat marina at Giant Mine which could accommodate 180 boats at an average size of 14m. While Giant Mine waterfront has plenty of space for public docks, it is unlikely to be developed in the near future due to the on-going mine remediation. City leased lands, unsurveyed. Water level is likely too low in this area, not recommended for new docks in the near future. City has no lease Unsurveyed. The Yellowknife Harbour Plan provides a marina concept between the shore line and Mosher Island, including 200 slips for boats. Newmont Mining holds a lease with the Commissioner for the Con Mine lands until site remediation is complete and leases are surrendered. While an engineering feasibility study would be required for the marina at this location, Administration recommends deferral until mine lease has been relinquished. City leased land, unsurveyed. The NWT Floatplane Association previously expressed interest in building a floatplane marina at the Curry Drive waterfront (south of Lot 3, Block 503). Council adopted the rezoning by-law (to rezone the land from NP Nature Preservation to PR Parks and Recreation) and disposal by-law (to authorize the disposal of a leasehold interest) in March The Floatplane Association acquired development permit approval for stages 1 and 2 of the floatplane marina in April 2010 but did not sign the sublease agreement nor proceed with the construction. *The general dock information is based on field research and aerial photo examination. Details need to be verified before commencing the dock licensing program. In general, existing docks include a few City-owned boat docks, club-owned boat docks and a number of unauthorized individual float plane and boat docks, some are shared-use docks. The Great Slave Yacht Club has boat docks on their self-owned water lot and the Great Slave Cruising Club has a boat dock on their leased land. The NWT Floatplane Association had been seeking a site for an association owned and managed floatplane base through sublease, while in the past several years they were focused on seeking smallerscale city owned float plane docks for visiting pilots. The City is also urged by the Association and some owners of existing unauthorized docks to license their docks. Administration suggests balanced provision and management of floatplane and boat docks. DM# Page 5

26 September 19, 2016 Without solid data of how many docks would be required, Administration is looking at potential licensing of docks to achieve the best use of available existing and potential new dock sites responding to actual demand for floatplane and boat docks. To advise a Yellowknife dock licensing program, Administration researched the City of Whitehorse s dock policy and discussed with their staff. Whitehorse introduced an annual dock permit for commercial and individual users as a type of development permit in In March 2015 Whitehorse City Council adopted the Schwatka Lake Area Plan including a revised dock permitting process (Attachment 3). In March 2016 the Schwatka Lake Dock Policy was adopted to better regulate dock development. Whitehorse has 18 existing dock development permits on the west shore of Schwatka Lake, with a number of applicants on the waiting list. Dock owners are required to obtain a Dock Development Permit annually by March 31st. Some of the applicants on the waiting list currently share an existing dock as a Guest Dock User with the Primary Dock Owner (current dock development permit holder). Two out of the fourteen identified new dock sites are to be allocated in Administration presents a similar dock licencing program to Whitehorse to seek input from public engagement. The first phase of the program is considered for Morrison Drive West (B2) six surveyed water lots (Lots 4 to 9, Block G) with ten existing private docks. This area is chosen in response to the issue of unauthorized private docks and lack of public access. The area is a manageable scale in terms of providing public access and conducting enforcement where necessary. Other areas with potential to accommodate docks can be added to the program based on demand. Fairness, transparency, and public access to the waterfront are the key considerations. 1. Qualifications for Dock Licence There are ten existing privately owned docks used for float planes or boats or both along Lots 4 to 9, Block G s approximate 200m long shoreline. There is no room for additional dock sites on Lot 9, Block G (see Attachment 4). Ten dock licences could be issued in this area for the sites occupied by private docks. Two options on selection of qualified applicants are discussed below for consideration. a) Option 1 Ballot Draw Administration conducts a ballot draw open to all Yellowknife residents and each site may be shared by up to two users subject to the Licence Holder s choice. Both Primary User (Licence Holder) and Guest User must be registered with the City. Proof of float plane registration or vessel registration in the applicant s name is required. Docks can be used for floatplanes, motorized and non-motorized boats. Individuals without float plane or vessel registration cannot be a Licence Holder (Primary User), however they can be a Guest User. Given that there are six free of charge public docks nearby available for canoe/kayak use, and along DM# Page 6

27 September 19, 2016 the B1 shoreline there is room potentially for more public docks; non-motorized boat use only is not considered as a choice for the ten existing dock sites. The B2 area is adjacent to a residential neighbourhood unlike the Schwatka Lake in Whitehorse, Commercial users (companies) are not allowed due to the potentially increased level of activities and impact on the neighbourhood. The ballot draw would determine ten qualified applicants. A waiting list would be created if there are remaining interested applicants. The draw would continue for the remaining ballots and all remaining ballot owners would be registered on the waiting list in the order determined by the draw. If the selected ballot holder is not the owner of the existing dock, the existing dock owner would be given a certain time period not more than 60 days to remove the dock; or subject to an agreement between the licence holder and the dock owner, to register the dock under the licence holder s name. If the removal is requested but is not completed by the given deadline, enforcement action would be taken and associated costs would be charged back to the existing dock owner. b) Option 2 Offering Right of First Refusal to Existing Dock Owners Rather than conducting a ballot draw, Option 2 offers licences to existing dock owners. It is important to point out that this alternative may result in more unauthorized docks in other areas. If the existing dock owner does not have a float plane or a vessel, and uses the dock for non-motorized boats only, no float plane/vessel registration in their name would be required. However, each owner shall allow a float plane or boat operator to share use the dock as a Guest User. Guest User applicants are required to submit an application and provide proof of float plane/vessel registration. Guest Users would be determined through discussion with Primary Users (existing dock owners). If the number of Guest User applicants exceeds ten, remaining applicants would be put on the dock licence waiting list. 2. Dock Licence Application An application form will be prepared. Requirements for a licence application include: a) Completion of the application form; b) Licence shall be obtained through a licence review process and renewed yearly for the same dock site with an annual licence fee of $300; c) Licence Holders are allowed to renew their licence annually for a maximum of ten years based on annual review. After ten years an exiting Licence Holder may request to be added to the waiting list as a new applicant. d) A $1,500 deposit, which would be returned upon termination of the licence (up to ten years) with dock site condition confirmed to be satisfactory and dock removed from the site. Existing dock may remain in the case of a private sale works out between the new dock owner and the exiting dock owner. DM# Page 7