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June 15, 2009 Council Meeting Minutes


Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, June 15, 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
R. Wiwchar, Director of Community Services
T. Manthey, Director of Financial Services
P. Crawford, Director of Planning Services
D. Bardonnex, Fire Chief
                                                                                                                                   
The meeting was called to order at 4:00 p.m. 
1.00 MINUTES
 
.01
 
 
           Moved by Presley and seconded by McRae that the minutes of the Regular Council meeting held June 1, 2009 be adopted.
Carried 
3.00  DELEGATIONS
 
1.         Brandon Guile, Fluid Bar and Grill
 
Brandon Guile reviewed the application by Fluid Bar and Grill for a permanent change to its liquor licence to remain open to 2:00 a.m. daily. He stated that his establishment wishes to compliment its food service with liquor service until 2:00 a.m.
 
2.         Jonathan Cross, Best Western Westerly Hotel
 
Jonathan Cross expressed his opposition to the application by Fluid Bar and Grill for a permanent change to its liquor licence. He suggested that Council write to the Liquor Control and Licencing Branch requesting input on future lounge endorsements as well as establish midnight as the end-time for liquor sales in food primary establishments.
 
 
4.00  COMMITTEE/STAFF REPORTS
 
Use of City Bleachers Therapeutic Riding Society

            Moved by Presley and seconded by Ambler that the City loan any available bleachers to the Therapeutic Riding Society for use at the RCMP Musical Ridge on August 14, 2009; and
 
That no rental be charged, but the expense of transporting the bleachers, relative insurance and any costs for damage be the responsibility of the Therapeutic Riding Society.
Carried

Fire Report

             Moved by McRae and seconded by Presley that the Fire Report for May 2009 be received for information.
Carried 
 
Fluid Bar & Grill Liquor Licence Amendment

            Moved by McRae and seconded by Ambler that
 
1.  Be it resolved that the Council of the City of Courtenay does not  recommend the amendment of the Fluid Bar and Grill liquor licence for the following reason:
 
     (a)    The amendment of hours of the Fluid Bar and Grill would have a negative impact on the community based on the submissions  received from the public and the Comox Valley R.C.M.P. regarding  the application.
 
2.  Council’s comments on the prescribed considerations are as follows:
 
     (a)    If the Fluid Bar and Grill application were approved, it could result in an increase of noise in the area past midnight;
     (b)   If the application were approved, it could have a negative impact on the community based on the number of submissions received from the public;
     (c)    The amendment could potentially result in the establishment being operating in a manner that is contrary to its primary purpose; and
     (d)   In order to gather the views of residents, the City of Courtenay mailed notices to property owners and businesses within a 100 metres radius of the applicant outlining the Fluid Bar and Grill      application and accepting written submissions concerning the application up to June 11, 2009.  38 submissions in opposition were received and one submission in favour was received.
Carried
 
Extension of Conditional Approval Mission Ventures

            Moved by McRae and seconded by Theos that Council authorize staff to provide the applicant the letter attached as Schedule No. 3 which provides the applicant until May 26, 2010 to fulfill the outstanding conditions of the conditional Development Permit approval as established by Council resolution on May 26, 2008;
 
That the Mayor and Manager of Corporate Administration be authorized to execute the Licence of Occupation attached as Schedule No. 4 to allow for the subject lands to be used as a public trail for recreational purposes.
Carried
            
Holiday Inn Express Sign Variance

            Moved by McRae and seconded by Leonard that Development Permit with Variances No. 0902 to allow an internally illuminated sign of 9.6 m2 in area and 4.27m in height as requested in a letter dated June 10, 2009 from the applicant for the property legally described as Lot 1, Section 66, Comox District, Plan VIP83758 (2200 Cliffe Avenue) be denied.
 
            Moved by Leonard and seconded by McRae that the resolution be amended to also deny the original application for Development Permit with Variances No. 0902, to allow construction of a 4.72 m high internally illuminated sign 7.06 m2 in area per side on the property legally described as Lot 1, Section 66, Comox District, Plan VIP83758 (2200 Cliffe Avenue).
Carried
The main motion was carried as amended
 
’08 Statement of Financial Information

            Moved by McRae and seconded by Ambler that Council approve the 2008 Statement of Financial Information.
Carried
 
5.00  REPORTS AND CORRESPONDENCE FOR INFORMATION
 
Police Report
 
            Moved by Leonard and seconded by Presley that the Police Report for May 2009 be received for information.
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. 0911, and there were none.
 
Development Permit No. 0911 390-2nd St

       Moved by Leonard and seconded by Jangula that Development Variance Permit No. 0911, to reduce the minimum Side Yard Setback provisions of the Residential Two B Zone (R-2B) of the City of Courtenay Zoning Bylaw No. 2500, 2007, from 1.5 metres to 0.914 metres for the property legally described as Lot 2, Section 61, Comox District, Plan 8552, be issued to Dennis Larson subject to the following conditions:
 
a) Development is in accordance with the plans contained in Attachment         No. 2;
b) Exterior wall construction is in accordance with Option No. 2:  Hardi-          Plank/Cedar Building Paper, contained in Attachment No. 2, (page 6 of       7);
c) That the height of the structure does not exceed 6 metres as measured           from the front of the building to the mean height level between the eaves      and the gable roof.  The height of the foundation is to be confirmed by a      surveyor and the surveyed foundation height is submitted to the City of       Courtenay.
d) Confirmation that no archaeological artifacts exist on site prior to issuing      a building permit.
 Carried
 
 
9.00  NEW BUSINESS
 
Backyard Aviaries
            Moved by McRae and seconded by Theos that staff provide a report to Council regarding back yard aviaries.
Carried
 
Traffic Circle Headquarters Rd/Highway 19A
 
            Moved by Jangula and seconded by McRae that staff provide a report to Council regarding the viability of a traffic circle/roundabout at the intersection of Headquarters Road and Highway 19A, including accident statistics for the intersection.
Carried

CVAC Letter
  
            Moved by Leonard and seconded by Presley that the letter from the Comox Valley Airport Commission in response to Council’s inquiry regarding taxpayer funding be received for information.
Carried
 
10.00  BYLAWS
 
Bbylaw No. 2577 OCP Amendment
            Moved by Presley and seconded by McRae that “Official Community Plan Amendment Bylaw No. 2577, 2009” be finally passed and adopted.
Carried
 
Bylaw No. 2578 Zoning Amendment
            Moved by McRae and seconded by Presley that “Zoning Amendment Bylaw No. 2578, 2009” be finally passed and adopted.
Carried 
 
Bylaw No. 2579 OCP Amendment
            Moved by Jangula and seconded by Presley that “Official Community Plan Amendment Bylaw No. 2579, 2009” be finally passed and adopted.
Carried 
 
Bylaw No. 2582 Delegation of Authority
            Moved by Theos and seconded by Presley that “Delegation of Authority Bylaw No. 2582, 2009” be finally passed and adopted.
Carried 
  
11.00  COUNCIL MEMBER ROUNDTABLE
 
Councillor Leonard outlined her attendance at the following events:
Ø      G.P. Vanier Secondary School for alternative energy presentation
Ø      Comox Valley Water Forum at the Filberg Centre
Ø      Regional Growth Strategy Forum
Ø      FCM Conference in Whistler
  
Councillor Ambler outlined his attendance at the following events:
Ø      FCM Conference in Whistler
Ø      Public Safety Building Committee meeting
Ø      Boomer’s Legacy Dinner and Fundraiser
 
Councillor Theos outlined his attendance at the following events:
Ø      Change of Command at 19 Wing Comox
Ø      FCM Conference in Whistler
 
Councillor Jangula outlined his attendance at the following events:
Ø      FCM Conference in Whistler
Ø      Bursary presentations at G.P. Vanier Secondary School
Ø      Annual Fastball Tournament at Lewis Park
 
Councillor Presley outlined his attendance at the following events:
Ø      FCM Conference in Whistler
Ø      CV Economic Development Society Executive Meeting
 
Councillor McRae outlined his attendance at the following events:
Ø      FCM Conference in Whistler
Ø      Comox Valley Water Forum at the Filberg Centre
Ø      Boomers Legacy Bike Riders Welcome
Ø      Opening of Brambles Market
 
Mayor Phelps reviewed his attendance at the following events:
Ø      Boomers Legacy Bike Riders Welcome
Ø      FCM Conference in Whistler
 
 
12.00   ADJOURNMENT
 
            Moved by Jangula and seconded by Presley that the meeting now adjourn at 6:00 p.m.
Carried       
CERTIFIED CORRECT 
                                                           
Manager of Corporate Administration
 
 
Adopted this 6th day of July,  2009
 
 
                                                                       
Mayor
 
 
 

Last Update : Tuesday, September 07, 2010,10:10 AM

 
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