June 16, 2008 Council Meeting Minutes
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, June 16, 2008 at 4:00 p.m.
Attending:
Mayor: S. L. Winchester
Councillors:
L. V. Jangula
R-R. Leonard
D. S. McRae
G.T. Phelps
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 Services
P. Crawford, Director of Planning Services
N. Henderson, Planner
D. Bardonnex, Fire Chief
N. Lamb, Deputy Fire Chief
The meeting was called to order at 4:00 p.m.
1.00 MINUTES
Moved by Presley and seconded by Phelps that the minutes of the Regular Council meeting held June 9, 2008 be adopted.
Carried
3.00 DELEGATIONS
1. Ray Johnson, Ray’s Swords
Ray Johnson reviewed his actions regarding the recovery of prohibited items sold from his business, including a newspaper ad and a sign on the door at his place of business. He advised that 8 items have been returned to date.
2. Representatives from the Alberni-Clayoquot Regional District re: Proposed Highway Connector
Hira Chopra, Chair, and Bob Harper, CAO of the Alberni-Clayoquot Regional District requested the support of Council regarding the proposed new highway to Port Alberni.
Moved by Jangula and seconded by Phelps that Council support Alberni-Clayoquot Regional District’s efforts for a new highway route to Port Alberni.
Carried
3. Suzanne Monette re: Development Variance Permit No. 0810
Suzanne Monette reviewed the application for DVP 0810 to allow the construction of a duplex on property located at 1880 1st Street.
4. Ian Whitehead, P. Eng. McElhanney Consulting re: 3rd Bridge Crossing
Ian Whitehead made a presentation regarding the draft report from McElhanney Consulting on the third bridge crossing of the Courtenay River.
4.00 COMMITTEE/STAFF REPORTS
C.V. Water Supply Commission Staff Apmnts
Moved by Presley and seconded by McRae that Kevin Lagan, Director of Operational Services be appointed to the Comox Valley Water Supply Advisory Body with Derek Richmond, Manager of Engineering as alternate.
Carried
Election Bylaw
Moved by McRae and seconded by Presley that Council approve “Election Procedures and Automated Voting Bylaw No. 2545, 2008”
Carried
Parkland Exchange Bylaw No. 2533
Moved by Theos and seconded by Leonard that “Parkland Exchange Bylaw No. 2533, 2008” proceed to 1st, 2nd and 3rd reading;
That Council seek the approval of the electors for Bylaw No. 2533 through the “Alternative Approval Process”;
That Council establish elector response forms as attached to this report;
That Council determine that 16,800 is the total number of electors to which the approval process applies;
That Council establish the deadline for receiving responses for this alternative approval process as Friday, July 25, 2008 at 4:30 p.m.
Carried
Reschedule June 30 Meeting
Moved by Leonard and seconded by Phelps that the June 30, 2008 Council Committee of the Whole meeting be rescheduled to Wednesday, July 2, 2008 at 4:00 p.m.
Carried
Backyard Burning
Moved by Jangula and seconded by Phelps that Council approve an amendment to Fire Bylaw No. 2290 to prohibit all backyard burning.
Carried
Fire Report
Moved by Phelps and seconded by McRae that the “Fire Report for May 2008 be received for information.
Carried
Community Heritage Register
Moved by Presley and seconded by Leonard that Council authorize staff to establish a Community Heritage Register (CHR) which identifies property that is considered by the City of Courtenay’s Heritage Commission to be of heritage value or character and authorize staff to apply to the Ministry of Tourism, Sports and the Arts for a Heritage Grant to fund the development of the Community Heritage Register.
Carried
DP No. 0802 Best Western Westerly Hotel
Moved by McRae and seconded by Presley that Development Permit Amendment No. 0802 be issued to Courtenay Lodge Ltd., BC0745663 to allow the construction of a new 36 unit hotel and spa building at 1590 Cliffe Avenue (Lot 1, Section 41, Comox District, Plan VIP68799), as shown on Schedule Nos. 1-4; and
That Schedule Nos. 1-5 of Development Permit No. 0704 be deleted and replaced with Schedules Nos. 1-4, as attached to the June 16, 2007 report on Application for Development Permit Amendment 0802.
Carried with Councillor Jangula opposed
OCP & Zoning Amend Kowalsky
Moved by Presley and seconded by McRae that Council receive the application by Larry and Leslie Kowalsky to amend Official Community Plan Bylaw No. 2387, 2005 for the property legally described as Lot B, District Lot 134, Comox District, Plan VIP53698 (the subject property shown on Schedule No. 1), and Zoning Bylaw No. 2500, 2007 for that portion of the property legally described as Lot B, District Lot 134, Comox District, Plan VIP53698 shown in bold outline on Schedule No. 2;
That Bylaw No. 2543, (OCP Amendment Bylaw No. 2543, 2008), to amend the designation of the property legally described as Lot B, District Lot 134, Comox District 134, Comox District, Plan VIP53698 from Suburban Residential to Urban Residential be given first and second reading;
That, in accordance with Section 882 of the Local Government Act, Council has considered Bylaw No. 2543 in conjunction with the current Financial Plan of the City and the Solid Waste Management Plan of the Regional District;
That Bylaw No. 2544, (Zoning Amendment Bylaw No. 2544, 2008), to rezone from Residential One A Zone (R-1A) to Rural Residential One Zone (RR-1) that portion of the property legally described as Lot B, District Lot 134, Comox District, Plan VIP53698 shown in bold outlined on Schedule No. 2 be given first and second reading;
That Council direct staff to schedule and advertise a statutory public hearing with respect to Official Community Plan Amendment Bylaw No. 2543, 2008 and Zoning Amendment Bylaw No. 2544, 2008 on July 7, 2008 at 5:00 p.m. in City Hall Council Chambers;
That prior to consideration of adoption of Zoning Amendment Bylaw No. 2544, 2008, a Section 219 Covenant be executed by the applicant and the City, the terms of which would include: no removal of, or damage to evergreen trees with DBH of more than 20cm on “Proposed Lot 1;” notwithstanding the no removal clause, removal may be permitted where an owner provides the City with a satisfactory Certified Arborist’s report determining that a tree is hazardous; and where a tree is removed or otherwise dies, the tree must be replaced with a tree of the size, species and characteristics determined by the City;
That Council authorize the signatories of the City to execute the Section 219 Development Covenant.
Carried
Old Orchard LAP Draft
Moved by McRae and seconded by Phelps that the Draft Old Orchard and Area Local Area Plan from the Director of Planning Services be received for information.
Carried
DVP No. 0810 Monette
Moved by Presley and seconded by Theos that notice be given to the adjacent property owners of proposed Development Variance Permit No. 0810, to relax the following provisions of the Residential Two Zone (R-2) of the City of Courtenay Zoning Bylaw No. 2500, 2007: minimum width of a building envelope for a duplex from 14.0m to 12.25m and the minimum rear yard setback for a principal building from 9.0m to 7.11m for the property legally described as Lot 1, Section 79, Comox District, Plan 29442, be issued to Suzanne Monette, subject to the following:
Conditions of Development Variance Permit No. 0810 as follows:
(a) Development in accordance with the plans and elevations contained in Schedule No. 2;
(b) That in advance of the issuance of a building permit, that the applicant and City sign a restrictive covenant restricting removal of, or damage to, existing mature trees in excess of 0.2m DBH on the property; notwithstanding the no removal clause, removal may be permitted where an owner provides the City with a satisfactory report prepared by a certified arborist determining that a tree is hazardous; and where a tree is removed or otherwise dies, the tree must be replaced with a tree of the size, species and characteristics determined by the City.
That Council authorize the signatories of the City to execute the covenant.
Subsidiary Motion
Moved by Presley and seconded by McRae that the recommendation be referred to the next regular meeting of Council and staff approach the applicant to obtain additional road allowance.
Carried
’07 Stmnt of Financial Info
Moved by Leonard and seconded by Phelps that Council approve the 2007 Statement of Financial Information.
Carried
Works & Services Agreement-Lyttle
Moved by Leonard and seconded by Theos that Council approve the Works and Services Agreement for the development at 1360 Lake Trail Road;
That the required security be provided to the City prior to the issuance of the building permit; and
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this development.
Carried
Building Permit Report
Moved by Theos and seconded by Phelps that the Building Permit Activity Report for May 2008 be received for information and that quarterly and annual reports are presented to Council commencing June 2008.
Carried
Third Bridge Crossing
Moved by McRae and seconded by Phelps that the final draft report from McElhanney Consulting Services on the Courtenay River Third Bridge Crossing be received; and
That the recommended location of the Third Crossing of the Courtenay River be 11th Street.
Subsidiary Motion
Moved by Leonard and seconded by Jangula that the City host a meeting with Comox Valley Political Representatives as soon as possible to review the proposed third bridge crossing.
Carried
Moved by Phelps and seconded by Leonard that the main motion be postponed until after the meeting with Comox Valley Representatives.
Carried
5.00 REPORTS AND CORRESPONDENCE FOR INFORMATION
Police Report
Moved by Phelps and seconded by McRae that the Police Report for May 2008 be received for information.
Carried
6.00 RESOLUTIONS OF COUNCIL
Incamera Mtg
Moved by Leonard and seconded by Presley that under the provisions of Section 90(1)(c)(e) of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held June 16, 2008 at the conclusion of the Regular Council Meeting.
Carried
7.00 UNFINISHED BUSINESS
Limiting the use of Churches
Moved by Phelps and seconded by Presley that Council receive the petition from the Puntledge Park area regarding the Riverside Community Church.
Carried
Mayor Winchester requested an analysis by staff of any commercial activities conducted on church properties in the City.
10.00 BYLAWS
Bylaw No. 2543
Moved by Presley and seconded by Theos that “Official Community Plan Amendment Bylaw No. 2543, 2008” pass first and second reading.
Carried
Bylaw No. 2544
Moved by Presley and seconded by McRae that “Zoning Amendment Bylaw No. 2544, 2008” pass first and second reading.
Carried
Bylaw No. 2533
Moved by McRae and seconded by Presley that “Parkland Exchange Bylaw No. 2533, 2008” pass first, second and third reading.
Carried
Bylaw No. 2545
Moved by Jangula and seconded by Phelps that “Election Procedures and Automated Voting Bylaw No. 2545, 2008” pass first, second and third reading.
Carried
Councillor Presley declared a potential conflict of interest regarding Bylaws 2534 and 2535 due to a client relationship, and vacated Council Chambers at 6:38 p.m.
Bylaw No. 2534
Moved by McRae and seconded by Theos that “Official Community Plan Bylaw No. 2534, 2008” be finally passed and adopted.
Carried
Bylaw No. 2535
Moved by McRae and seconded by Jangula that “Zoning Amendment Bylaw No. 2535, 2008” be finally passed and adopted.
Carried
Councillor Presley returned to Council Chambers and took his seat at 6:39 p.m.
12.00 ADJOURNMENT
Moved by Phelps and seconded by Jangula that the meeting now adjourn at 6:40 p.m.
Carried
CERTIFIED CORRECT
Manager of Corporate Administration
Adopted this 7th day of July, 2008
Mayor
Last Update :
Tuesday, September 07, 2010,10:10 AM
City of Courtenay, 830 Cliffe Avenue, Courtenay, B.C. V9N 2J7 Tel.(250) 334-4441 Fax. (250) 334-4241