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February 1, 2010 Council Meeting Minutes

 
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, February 1, 2010 at 4:00 p.m.
 
Attending:
Mayor:                G. T. Phelps
Councillors:        J. K. Ambler
                             D. A. Hillian
                             R-R. Leonard
                             J. M. Presley
                             M. Theos
                                     
 Staff:                  S.T. Gray, Administrator
J. Ward, Manager of Corporate Administration
K. Lagan, Director of Operational Services
R. Wiwchar, Director of Community Service
P. Crawford, Director of Planning Services
T. Manthey, Director of Financial Services
G. MacKay, Manager of Planning
G. Usher, Bylaw Enforcement Officer
                                                                                                                                   
The meeting was called to order at 4:00 p.m. 
1.00 MINUTES 

           Moved by Presley and seconded by Hillian that the minutes of the Regular Council meeting held January 18, 2010 be adopted.
Carried 
2.00  INTRODUCTION OF LATE ITEMS
 
Mayor Phelps approved the addition of one late item to the agenda.
 
3.00  DELEGATIONS
 
1.         John Tapics, Pres. & CEO Compliance Coal Corporation re:  Underground coal mine project
           
John Tapics, President and CEO of Compliance Coal Corporation made a presentation regarding the proposed Raven Underground Coal Project located south of the City of Courtenay.
 
2.         Gregg Hart re:  Development Variance Permit No. 0915-1585 Valley Crescent
 
Gregg Hart, representing the applicant, reviewed the application for Development Variance Permit No. 0915 to permit the construction of a duplex located at 1585 Valley Crescent.

 
4.00  COMMITTEE/STAFF REPORTS
 
Graffiti Community Initiatives

            Moved by Leonard and seconded by Hillian that the report from the Director of Community Services and the Manager of Corporate Administration regarding Community Graffiti Initiatives be received for information.
Carried
  
The meeting recessed at 6:01 p.m.
 
The meeting reconvened at 6:10 p.m.
   
4.00  COMMITTEE/STAFF REPORTS (CONTINUED)
 
Emergency Shelter & Supportive Housing

            Moved by Hillian and seconded by Leonard that the City of Courtenay support the adoption of Bylaw No. 78 being “Comox Valley Regional Housing Initiative Service Establishment Bylaw No. 52, 2009, Amendment No.1”; and
 
That the CVRD be advised of this resolution.
Defeated with Councillors Hillian and Leonard in favour
 
Native Sons Hall Renovation Update

            Moved by Presley and seconded by Ambler that the report from the Director of Community Services regarding the Native Sons Hall Renovation Project be received for information.
Carried
 
Olympic Celebrations

            Moved by Presley and seconded by Ambler that the report from the Director of Community regarding the Comox Valley Community Spirit Committee-Olympic Celebrations be received for information.
Carried 
 
Earth Hour

            Moved by Leonard and seconded by Theos that the City of Courtenay support Earth Hour on Saturday, March 27, 2010 and encourage residents to turn off their lights between the hours of 8:30 to 9:30 p.m. to raise awareness and take action to fight climate change.
Carried
 
Development Variance Permit No. 0812 1941 Tull Ave

            Moved by Presley and seconded by Theos that notice be given to the adjacent property owners of the proposed extension to the validity of Development Variance Permit No. 0812 as outlined below, and that the application be returned to Council on February 15, 2010; and
 
That subject to public input, an extension of Development Variance Permit No. 0812 to vary Section 8.1.39 of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum lot frontage for the Residential One D Zone (R-1D) from 16.0m to 12.6m for the property legally described as Lot G, District Lot 104, Comox District, Plan 21616 for a period of 12 months, be granted to Bruce and Janet Langlands.
Carried
 
Development Variance Permit No. 0915 1595 Valley Cres
 
            Moved by Ambler and seconded by Theos that notice be given to the adjacent property owners of the proposed Development Variance Permit No. 0915 as outlined below, and that the application be returned to Council on February 15, 2010; and
 
That subject to public input, Development Variance Permit No. 0915, to vary Section 8.2.7 of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum rear yard setback for the R-2 Zone from 9.0 m to 4.5 m for the property legally described as Lot 46, Section 16, Comox District Plan 12788 Except Part in Plan 2720 RW (1585 Valley Crescent), be issued to Donald Grant subject to the following conditions:
 
 
1.      The variances are to accommodate development of a duplex;
2.      Development must be in conformance with the plans and elevations contained in Attachment No. 2; and
3.      The development must be in conformance with the sustainability statement contained in Attachment No. 2.
Carried with Councillor Leonard opposed
 
Regional Solid Waste Mgmnt Plan Advisory Committee

            Moved by Presley and seconded by Theos that Council approve the Director of Operational Services as the City representative on the Regional Solid Waste Management Plan Advisory Committee with the Manager of Engineering as the alternate.
Carried
 
7.00  UNFINISHED BUSINESS
 
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding

Development Variance Permit No. 0910.
 
Jennifer Glabush, the applicant, indicated that the concerns expressed by her neighbour regarding privacy issues, have been resolved.
 
Development Variance Permit No. 0910 4722 Oakridge Dr

            Moved by Leonard and seconded by Presley that Development Variance Permit No. 0910, to vary the minimum setback for the Rural Residential Two S Zone as contained in the City of Courtenay Zoning Bylaw No. 2500, 2007 from 3.5m to 2.2m for the property legally described as Lot 8, Section 18, Comox District, Plan 18219 (4722 Oakridge Drive), be issued to Jennifer Glabush and Marc Sicard, subject to the following conditions:
 
1. The variance is to accommodate an addition to an existing single  residential home;
 
2. Development must be in accordance with the plans and elevations contained in Attachment No. 2, including replacement of vinyl and     brick siding with stone veneer and hardi plank, articulation of the     garage by setting it back from the main façade of the building by        0.3m, inclusion of windows in the garage doors, and no windows on    the upper level of the rear 3.65m of the new addition;
 
3. Planting of an evergreen tree at least 2.5m in height in the location  shown on the plan contained in Attachment No. 2;
 
4. Retention of the existing large maple tree (approximate location is  shown on the plan contained in Attachment No. 2).  In advance of any           development, including site grading or vegetation removal, installation      of snow fencing at the dripline of the trees to be preserved; no         construction material or waste or temporary soil deposits may be           placed, deposited or stored within the dripline of the maple tree.            
 
    Removal of the tree may be permitted where an owner provides the        City with a satisfactory report prepared by a certified arborist     determining that the tree is hazardous; and where a tree is removed or     otherwise dies, the tree must be replaced by a tree of the size, species    and characteristics determined by the City; and
 
5. Submission of a plan and specification for a permeable driveway to        the satisfaction of the City, and installation of this driveway in advance of a final building inspection.
Carried
 
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0913 and there were none.
 
Development Variance Permit No. 0913 1044 Hornby Place

            Moved by Presley and seconded by Theos that Development Variance Permit No. 0913, to vary Section 8.1.6(2) of the City of Courtenay Zoning Bylaw No. 2500, 2007 the minimum rear yard setback of the Residential One Zone from 9.0m to 4.8m be issued to Dale and Joyce Iskiw, subject to the following conditions:
 
a.  The variance is to accommodate construction of an addition to a single   residential dwelling;
 
b.  Development must be in conformance with the plans, landscaping and   elevations contained in Attachment No. 2.
Carried
 
 
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0916 and there were none.
 
Development Variance Permit No. 0916 563 Stephens Pl

            Moved by Theos and seconded by Presley that Development Variance Permit No. 0916 to vary Section 8.1.6(1) of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum front yard setback of the Residential One Zone from 7.5m to 6.0m be issued to Mathot Homes Ltd. Inc. No. BC0654135 subject to the following conditions:
 
a.  The variance is to accommodate construction of a single residential        dwelling;
 
b.  Development must be in conformance with the plans and elevations       contained in Attachment No. 2;
 
c.  Planting of two trees (if evergreen, at least 2.5m in height, if       deciduous 5cm dbh) in the front yard of the property, in the             approximate located shown on the plan contained in Attachment No. 2
Carried
 
9.00  NEW BUSINESS
 
Councillor Ambler Pedestrian Safety Lerwick at Mission
 
            Moved by Ambler and seconded by Presley that
 
WHEREAS driver and pedestrian safety has been raised by many citizens in the area of Mission and Lerwick, with safety concerns heightened due to the school changing from Middle to Primary and the anticipated increase in traffic due to potential commercial development in the newly rezoned area.  As a result, many citizens have asked that full traffic lights be installed there as soon as possible;
 
THEREFORE BE IT RESOLVED that staff initiate a traffic study at the intersection of Lerwick and Mission Roads to determine whether full signalization is warranted.
Carried 
 
10.00  BYLAWS 
 
Bbylaw No. 2593 Zoning Amendment
            Moved by Presley and seconded by Theos that “Zoning Amendment Bylaw No. 2593, 2010” be finally passed and adopted.
Carried
 
11.00  COUNCIL MEMBER ROUNDTABLE
 
Councillor Leonard reviewed her attendance at the following events:
Ø  AVICC meeting
Ø  Vancouver Island Regional Library Board meetings

Councillor Hillian reviewed his attendance at the following events:
Ø  CV Drug Strategy Committee meeting
Ø  Community Justice Centre Volunteer Appreciation Dinner
Ø  Raise a Reader Day Breakfast of Champions
Ø  Puntledge River Restoration Society meeting
 
Councillor Ambler outlined his attendance at the VIHA Board reception in Campbell River
 
Councillor Presley reviewed his attendance at the following events:
Ø  VIHA Board reception in Campbell River
Ø  Meeting with the farming community and Minister of Agriculture
Ø  BC Truck Loggers Association Convention
Ø  Comox Valley Chamber of Commerce awards dinner
 
Mayor Phelps reviewed his attendance at the following events:
Ø  Comox Valley Chamber of Commerce awards dinner
Ø  Dinner with the Chinese Cross Country Ski and Biathlon Teams
Ø  CV Regional District meetings
Ø  Raise a Reader Day Breakfast of Champions
Ø  Regional District funding announcement with MP John Duncan
Ø  Comox Valley Economic Development Society meeting regarding the Discovery Centre
Ø  VIHA Board reception in Campbell River
 
6.00  RESOLUTIONS OF COUNCIL
 
In Camera Meeting
            Moved by Presley and seconded by Ambler that under the provisions of Section 90(1)(a)(k) of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held February 1, 2010 at the conclusion of the Regular Council Meeting.
Carried
 
 12.00   ADJOURNMENT
 
            Moved by Presley and seconded by Hillian that the meeting now adjourn at 7:55 p.m.
Carried       
 
CERTIFIED CORRECT 
                                                           
Manager of Corporate Administration
 
 
Adopted this 8th day of February,  2010
 
 
                                                                       
Mayor
 
 
 

Last Update : Friday, February 05, 2010,10:29 AM

 
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