May 26, 2008 Special Council Meeting Minutes
Minutes of a Special Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, May 26, 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:
R. Wiwchar, Acting Administrator
S. Karvalics, Executive Assistant
T. Manthey, Director of Financial Services
P. Crawford, Director of Planning Services
D. Slobodan, Director of Regulatory and Property Services
N. Henderson, Planner
The meeting was called to order at 4:02 p.m.
1.00 MINUTES
Moved by Phelps and seconded by Presley that the minutes of the regular Council meeting held May 20, 2008 be adopted.
Carried
2.00 LATE ITEMS
Mayor Winchester approved the addition of two late items to the agenda.
3.00 DELEGATIONS
North Island College Faculty Association
Shirley Ackland and Christine Hodges were present to ask for Council’s support by passing a resolution asking the Minister of Advanced Education to reconsider proposed cuts to operating grants for post-secondary institutions.
Comox Valley RCMP re: Ray’s Swords & Fashions
S/Stg. Derald Lewis, Comox Valley RCMP made a presentation regarding the recent seizure of prohibited weapons from Ray’s Swords and Fashions at 137-5th Street. Samples of the weapons seized were passed around the Council table. S/Sgt. Lewis urged Council, because of the circumstances relating to the recent search, to cancel the business licence for Ray’s Swords and Fashions.
Representative from Ray’s Swords & Fashions
Chris Sinclare of Muir Sinclare Bush & Co Law Firm representing Ray Johnson doing business as Ray’s Swords and Fashions provided documentation supporting that the weapons seized from Mr. Johnson’s store were not brought into Canada illegally. Mr. Sinclare stated that he is a good business tenant and he did not intentionally break the law and that he has been open and transparent with the RCMP. Mr. Sinclare passed around catalogues whereby these replicas can be purchased via the United States and even on EBay. He advised that Mr. Johnson is no longer selling these weapons and there is no need to cancel the business licence.
4.00 COMMITTEE/STAFF REPORTS
Limiting the use of Churches
Moved by Jangula and seconded by Presley that Council receive the petition from the Puntledge Park Area and that no further action be taken with respect to amending the Public Use and Assembly One Zone (PA-1) at this time.
Moved by Theos and seconded McRae that the original motion be postponed in order to the give the residents that submitted a petition an opportunity to address Council on June 9, 2008.
Carried
DP No. 0803, DVP No. 0805 C & M Ventures
Moved by McRae and seconded by Phelps that notice be given to the adjacent property owners of the proposed Development Permit with Variances outlined below, and that the application be returned to Council on June 9, 2008;
That Development Permit No. 0803, to allow construction of two industrial buildings at 4464 Madrona Place (Lot 1, District Lot 236, Comox District, Plan VIP83959), as shown on Schedule Nos. 2-4, be received; and
That subject to public input, Development Variance Permit No. 0805, to vary the minimum rear yard setback for the I-2 Zone from 10 metres to 7.5 metres, to vary the minimum landscape area at the north side of the property from 3.0 metres to 0.0 metres, and to vary the minimum landscape area along the subject property’s Madrona Place frontage from 6.0 metres to 2.1 metres be issued to allow construction of two industrial buildings at 4464 Madrona Place (Lot 1, District Lot 236, Comox District, Plan VIP83959), as shown on Schedule Nos. 2-4.
That prior to issuance of Development Permit No. 0803 and Development Variance Permit No. 0805, the following items be submitted to the satisfactory of the City:
- submission of plans showing parking space 12 as a “small car” stall 2.5m x 4.6m;
- submission of landscape plans and a revised landscape cost estimate to the satisfaction of the City showing addition of landscaping between the building and the south property boundary, addition of at least 2.1 metres of landscaping in front of parking space 12, as well as a screening enclosure for the garbage/recycling area;
That conditions of Development Permit No. 0803 and Development Variance Permit No. 0805 be as follows:
- installation of raised concrete curbing along the landscaped area adjacent to the angle parking, and concrete car wheel stops to protect the landscaping from vehicle traffic;
That if the permit holder has not substantially commenced construction within twelve (12) months of the date of issue, the permit lapses.
Carried
Cancel Business Licence Ray’s Swords
Moved by Jangula and seconded by Presley that Council cancel the business licence for Ray’s Swords & Fashions located at 137-5th Street, Courtenay, BC, under S.60(2) of the Community Charter.
Motion Defeated with Councillor Jangula and Mayor Winchester in favour
Moved by McRae and seconded by Leonard that Council allow Ray Johnson to retain the business licence for Ray’s Swords and Fashions located at 137-5th Street subject to the applicant appearing before Council with a serviceable plan to help remove the weapons from the general public and further that, if the applicant is found guilty of this weapons related offence, the matter of this business licence be brought back before Council.
Carried
5.00 REPORTS AND CORRESPONDENCE FOR INFORMATION
Heritage Commission Minutes
Moved by Phelps and seconded by Jangula that the Heritage Advisory Commission minutes of April 23, 2008 be received for information.
Carried
6.00 RESOLUTIONS OF COUNCIL
InCamera Meeting
Moved by Presley and seconded by Phelps that under the provisions of Section 90(1)(c) of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held May 26, 2008 at the conclusion of the Special Council Meeting.
Carried
7.00 UNFINISHED BUSINESS
DP No. 0712 Mission Ventures
Mayor Winchesters inquired if anyone from the public wished to make a submission regarding Development Permit No. 0712 and there were none.
Moved by Presley and seconded by Theos that Council vary Zoning Bylaw No. 2500, 2007 Section 8.14.6 to increase the maximum building height from 10.0 metres to 13.71 metres from the elevation of Riverside Lane for the proposed four-storey apartment building illustrated in Schedule No.3;
That Development Permit No. 0712 be issued to allow the construction of a 71 unit apartment building with one level of underground parking on the lands currently comprised of 110-19th Street and 1940 Cliffe Avenue as illustrated in Schedule Nos. 2-7, subject to the following conditions being completed subject to the satisfaction of the Director of Planning Services:
1. Provisions of a letter of credit, or other approved security, in the amount of 125 percent of the landscape costs for the proposed improvements, as estimated by a professional landscape architect, as security for landscape materials, riparian restoration vegetation, irrigation and installation, as illustrated in Schedule Nos. 4 and 6;
2. Provision of letter of credit, or other approved security, in the amount of 125 percent of the environmental protection and compensation works, as estimated by a Professional Engineer and/or Registered Professional Biologist, as outlined in Schedule No. 4 and 6;
3. Subdivision and consolidation of the subject lands into a single parcel;
4. Registration of a Section 219 Covenant in favour of the City to secure the conditions of development including off-site servicing;
That the Mayor and Manager of Corporate Administration be authorized to execute a Section 219 Covenant in favour of the City to secure the conditions of development including off-site servicing;
That subsequent to notice pursuant to Section 26 of the Community Charter, Council approve the exchange of City land described as Part of Section 68, Plan 235R/W, Comox District being approximately 388 square metres in area to Riverfront Developments Ltd. in exchange for lands approximately 2174 square metres donated by Riverfront Developments and Newco Holdings Ltd. as illustrated in the Land Exchange Plan attached as Schedule No. 8; and
That if the permit holder has not substantially commenced any construction to which the permit was issued within (12) months after the date it was issued, the permit lapses.
Carried
9.00 NEW BUSINESS
C.V. Water Supply Ccommission
Moved by Jangula and seconded by McRae that Councillors Leonard, Phelps, Presley and Theos be appointed as City of Courtenay alternates to the Comox Valley Water Supply Commission.
Carried
Promoting Bio-Diversity
Moved by Leonard and seconded by Phelps that the City’s Green Team seriously investigate green infrastructure (bio diversity) in servicing standards within the City of Courtenay.
Carried
One Way Streets
Moved by Jangula and seconded by Phelps that the letter from DCBIA asking the City to consider making 5th and 6th Streets one way be referred to staff for a report to Council.
Carried
Four Storey Wooden Structures
Councillor Phelps recently read an article that the province is reworking the standards on four storey wooden structures and asked that staff look into this positive move.
North Island College Faculty Assoc.
Moved by Phelps and seconded by McRae that a letter be written to the Minister of Advanced Education asking for clarification on whether the Ministry is considering cuts to operating grants for post-secondary institutions and further that the reply back be brought forward to Council along with the proposed motion from the North Island College Faculty Association for Council’s consideration.
Carried
Mayor Winchester on behalf of Council acknowledged that this is Dave Slobodan’s last Council meeting. She thanked Dave for his 20 years of service to the City and wished him all the best.
11.00 COUNCIL MEMBER ROUNDTABLE
Councillor Leonard reviewed her attendance at the following event:
Community Futures presentation on video conferencing
Councillor McRae reviewed his attendance at the following event:
C.V. Water Supply Commission Inaugural Meeting
Mayor Winchester reviewed her attendance at the following events:
Elks Darts Championships Opening and Dinner
Community Futures Presentation
C.V. Water Supply Commission Inaugural Meeting
Toyota Dealership Grand Opening
Air Cadet Ceremonial Review
Old Church Theatre Coval Choristers 50th
12.00 ADJOURNMENT
Moved by Phelps and seconded by Presley that the meeting now adjourn at 5:42 p.m.
Carried
CERTIFIED CORRECT
Manager of Corporate Administration
Adopted this 9th day of June, 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