January 19, 2009 Council Meeting Minutes
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, January 19, 2009 at 4:00 p.m.
Attending:
Mayor: G. T. Phelps
Councillors: J. K. Ambler
L. V. Jangula
R-R. Leonard
D. S. McRae
J. M. Presley
M. Theos
Staff: S. Gray, Administrator
J. Ward, Manager of Corporate Administration
K. Lagan, Director of Operational Services
T. Manthey, Director of Financial Services
R. Wiwchar, Director of Community Services
P. Crawford, Director of Planning Services
The meeting was called to order at 4:00 p.m.
1.00 MINUTES
Moved by Presley and seconded by McRae that the minutes of the regular Council meeting held January 12, 2009 be adopted.
Carried
3.00 DELEGATIONS
1. John Verrier, 4699 Muir Road Development
John Verrier provided an overview of the application for Development Permit No. 0805 for the construction of a 37 unit multi residential development located at 4699 Muir Road.
2. Susan Kelsey, 2010 Spirit of BC Committee Update
Susan Kelsey provided an update regarding the history and current activities of the 2010 Spirit of BC Committee.
4.00 COMMITTEE/STAFF REPORTS
Liquor Licence Change Avalanche Bar
Moved by Jangula and seconded by Ambler
1. “Be it resolved that the Council of the City of Courtenay does not recommend the amendment of the Avalanche Bar and Grill for the following reason:
(a) The amendment of hours of the Avalanche Bar and Grill would have a negative impact on the community based on the comments from the Comox Valley R.C.M.P.”
2. Council’s comments on the prescribed considerations are as follows:
(a) If the Avalanche Bar and Grill application were approved, it would not result in an increase of noise in the area;
(b) (b) If the application were approved, it would have a negative impact on the community based on the comments from the R.C.M.P. relating to police resources; and
(c) (c) In order to gather the views of residents, the City of Courtenay mailed notices to property owners and businesses within a 100 metre radius of the applicant outlining the Avalanche Bar and Grill application and accepting written submissions concerning the application up to January 16, 2009. No submissions were received.
Carried with Councillor Theos opposed
Cycling Infrastructure 2009-2010
Moved by Leonard and seconded by Theos that Council approve an application to the Ministry of Transportation pursuant to the Cycling Infrastructure Partnership Program 2009-2010 for funding assistance to construct a 3 metre wide asphalt bikeway along the Veterans Memorial Parkway at Wentworth Road running east to Valley Vista Estates being a distance of approximately 1.1 kilometres at an estimated cost of $99,750.00 with the City’s portion being $49,875.00.
Carried
DVP No. 0805 4699 Muir Rd
Moved by McRae and seconded by Presley that Development Permit Application No. 0805 to allow the construction of a 37 unit multi residential development on the property legally described as Lot A, Section 17, Comox District, Plan VIP83189, as shown on the map contained in Attachment No. 1 be received and approved subject to the following conditions:
a) Development in accordance with the plans and elevations contained in Attachment Nos. 2-4;
b) Submission of landscape bonding in the amount of (125% x $118,600.00) $148,250.00;
c) Landscaping for each phase must be completed within six months of the date of issuance of the occupancy permit for such building by the City;
d) Retention of three existing trees as identified in the August 23, 2008 Arborist Report prepared by Theme Gardens, as contained in Attachment No. 5, and compliance with the recommendations of this report;
e) All building lighting must be full cut off, flat lens in accordance with Policy #5240.00.01 (the City’s Road, Parking Lot & Exterior Building Lighting Policy). All proposed lighting must be approved by the City prior to installation;
f) Parking areas must be in accordance with the following conditions:
i) Any lighting used to illuminate any parking area shall be so arranged that all direct rays of light shall fall upon the parking area and not on any adjoining premises;
ii) Individual parking spaces must be marked by lines;
iii) Visitor parking spaces must be clearly marked as such by use of signs or markings on the pavement;
iv) Small car stalls must be clearly marked as such by use of signs or markings on the pavement;
v) Each space for a person with a disability must be marked with the International Symbol of Accessibility;
vi) All parking spaces shall have a maximum gradient and cross slope of 6%.
That DP No. 9702 and DVP No. 9436 be discharged from Lot A, Section 17, Comox District, Plan VIP83189.
Carried
Subdivision Servicing Agreement - Vanee
Moved by Theos and seconded by Presley that Council approve the Subdivision Servicing Agreement for the subdivision of Lot A, District Lot 158, Comox District, Plan 39579;
That the required security be provided to the City prior to subdivision approval; and
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this development.
Carried
26th & Kilpatrick Signals
Moved by Presley and seconded by McRae that the report from the Director of Operational Services regarding the 26th Street/Kilpatrick Ave. Traffic Signals be received for information.
Carried with Councillor Jangula opposed
Building Permit Report
Moved by Presley and seconded by McRae that the Building Permit Report for December 2008 be received.
Carried
5.00 REPORTS AND CORRESPONDENCE FOR INFORMATION
Solicitor General Home Property Inspectors
Moved by Presley and seconded by McRae that the letter from Solicitor General van Dongen regarding standards for home and property inspectors in BC be received for information.
Carried
6.00 RESOLUTIONS OF COUNCIL
Incamera Mtg
Moved by Presley and seconded by Theos that under the provisions of Section 90(1)(k)of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held January 19, 2009 at the conclusion of the Regular Council Meeting.
Carried
7.00 UNFINISHED BUSINESS
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding Development Permit No. 0808 and there were none.
DP no. 0808 Hornstein
Moved by Presley and seconded by Theos that Development Permit with Variances No. 0808, to relax the minimum setback from the natural boundary of a watercourse as described in Section 6.4.3 (ii) of the City of Courtenay Zoning Bylaw No. 2500, 2007, from 15.0m to 11.0m to allow construction of a carport, for the property legally described as Lot A, Section 15, Comox District, Plan VIP53700, be issued to Brad and Margo Hornstein, subject to the following conditions:
(a) Development in substantial compliance with the plan and elevations contained in Attachment No. 2;
(b) Preservation of the three trees shown on the site plan contained in Attachment No. 2 and shown on the site plan contained in Attachment No. 4, and installation of snow fencing around the drip lines of these trees during construction;
(c) Compliance with the recommendations contained in Riparian Assessment #191, as updated October 31, 2008, and as contained in Attachment No. 3, including site visits and submission of written confirmation by the QEP at completion that the report has been complied with;
(d) Driveway to carport must be pervious surface (crushed rock); submission of a drawing to the satisfaction of the City Engineering Department and construction of a swale from the carport to Glen Urquhart Creek;
(e) Compliance with the recommendations contained in the Floodplain Setback and Slope Assessment prepared by Lewkowich Geotechnical Engineering Ltd. (Darron Clark, P.Eng), dated December 3, 2008, as contained in Attachment No. 4.
That, subject to issuance of Development Permit with Variances No. 0808, a Floodplain Exemption, to allow the construction of an open sided carport 11.0 metres from the natural boundary of Glen Urquhart Creek on the property legally described as Lot A, Section 15, Comox District, Plan VIP53700, be issued to Brad and Margo Hornstein.
Carried
9.00 NEW BUSINESS
Somerset Lane Fixed Opaque Windows
Moved by Theos and seconded by Leonard that staff provide a report to Council regarding the fixed opaque windows in the Somerset Lane development.
Carried
Safer Communities & Neighbourhoods Resolution
Moved by Jangula and seconded by Presley that the following resolution be forwarded to the AVICC and UBCM Conventions with a copy to Stan Hagen, Comox Valley MLA:
WHEREAS municipalities lack the legislative tools to adequately deal with certain types of problem properties;
THEREFORE BE IT RESOLVED that the Government of British Columbia adopt “Safer Communities and Neighbourhoods” legislation, modeled after the Province of Alberta’s legislation, in order to address the public disorder and neighbourhood deterioration caused by illicit drug houses, problem addresses, and the issues associated with them.
Carried with Councillor Leonard opposed
10.00 BYLAWS
Bylaw No. 2560 Road Closure
Moved by Presley and seconded by Leonard that “Road Closure Bylaw No. 2560, 2009” be finally passed and adopted.
Carried
11.00 COUNCIL MEMBER ROUNDTABLE
Councillor McRae outlined his attendance at the following events:
Ø Regional District Strategies Elected Officials Forum
Ø Citizens Conservation Council meeting in Victoria
Mayor Phelps reviewed his attendance at a Dinner meeting with RCMP Commissioner, Native Leaders and Area Mayors
12.00 ADJOURNMENT
Moved by Theos and seconded by Presley that the meeting now adjourn at 5:19 p.m.
Carried
CERTIFIED CORRECT
Manager of Corporate Administration
Adopted this 2nd day of February, 2009
Mayor
Last Update :
Tuesday, September 07, 2010,10:10 AM
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