MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chambers, Oak Bay Municipal Hall, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, April 10, 2006.

 

PRESENT:

Mayor C. M. Causton

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor P. Copley

Councillor J. D. Herbert

Councillor N.B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Confidential Secretary, K. Green

Director of Building and Planning, N. Beattie

Municipal Treasurer, P. A. Walker

Municipal Engineer, S. G. Pitt

 

Mayor Causton called the meeting to order at 7:36 p.m. 

 

MINUTES OF MEETING:

 

Council - March 27, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Monday, March 27, 2006, be adopted.

 

CARRIED

Committee of the Whole – April 3, 2006

 

MOVED by Councillor Cassidy

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Monday, April 3, 2006, and the recommendations contained therein, be adopted.

 

CARRIED

 

COMMUNICATIONS:

 

1.

2006-115

GONZALES COOPERATIVE PRESCHOOL, April 6, 2006

Re Request to Occupy Portion of Public Sidewalk (April 14 and 15, 2006)

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That permission be granted to the Gonzales Cooperative Preschool to occupy a portion of the public sidewalk adjacent to 2590 Cadboro Bay Road, on Friday, April 14 and Saturday, April 15, 2006, from 8 o’clock a.m. to 3 o’clock p.m. for the purpose of staging a fundraising event, subject to the Gonzales Cooperative Preschool indemnifying the Municipality from any liability arising from the occupancy and providing evidence of insurability in this regard.

 

CARRIED

 

2.

2006-116

GREATER VICTORIA PUBLIC LIBRARY, March 30, 2006

Re  Library 5-Year Financial Plan and Budget Guideline

 

Attention was drawn to the Greater Victoria Public Library’s Five Year Financial Plan and the Budget Guideline, and concerns were raised by a member of Council with respect to the guideline that the core budget be increased annually for any approved new facilities and programs in the library system, and for funds or reserves to provide for major renovations or re-structuring within any of the library branches.

 

The point was made that if new facilities are added, a new branch would likely draw library patrons currently utilizing existing branches, as opposed to attracting all new users, which in turn would reduce the use at those existing library branches, potentially lower their operating costs.  In this regard, it was noted, there should be some attention to reviewing the finances of existing facilities in conjunction with planning new facilities. 

 

There was further discussion regarding guideline 4 as contained in the materials from the Library Board, and questions arose regarding increasing the reserves to provide for major renovations or re-structuring within any of the library branches.  It was pointed out that when the Oak Bay Branch Library was renovated, the District of Oak Bay paid the costs. 

 

Councillor Jensen acknowledged that the reserves would be used for certain costs of new facilities that are the responsibility of the Board rather than the individual member municipalities, however, it was suggested that further clarification on what the aforementioned reserves would actually be used for in connection with major renovations of library branches would be desirable.

 

It was agreed that Councillor Copley would relay Council’s comments regarding budget guideline 4 and obtain some clarification in that regard, and report back to Council.

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Item No. 2006-116 be received.

 

CARRIED

 

3.

2006-117

MUNICIPAL ENGINEER, April 6, 2006

Re Tender Award Recommendation—Monterey Centre Skylight Infill

 

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That the Tender for the Monterey Centre skylight infill be awarded to Garth Korberg, Contractor, at a cost of $32,746.00.

 

CARRIED

 

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

Association of Vancouver Island and Coastal Communities Conference (AVICC)

 

The AVICC Convention, said Mayor Causton, was an enormous success and was very well received by all who attended.  Mayor Causton commended those involved in the organization and planning of the event from decorating, to flowerbeds, to parking, saying it was a job well done.  Members of Council also indicated their appreciation for the event and the efforts of staff and Council members involved in organizing the Conference.

 

2006 Centennial Committee

 

Councillor Herbert provided an update on the 2006 Centennial Committee’s ongoing projects, noting that a meeting will soon be held to formulate a traffic plan to accommodate the Snow Birds air show and the Oak Bay Tea Party.

 

Oak Bay Beach Hotel – Consultant Services

 

Councillor Jensen drew attention to his comments at the April 3, 2006 Committee of the Whole meeting, noting his recommendation that Council consider retaining an independent consultant to assist in guiding Council through the complex issues associated with the Oak Bay Beach Hotel redevelopment proposal, which Council does not get exposed to on a regular basis. 

 

There was discussion regarding Councillor Jensen’s recommendation to hire a consultant, and although some support was noted in that regard, it was the majority view of Council that at this point in the application process, it would not be desirable to engage a consultant, possibly resulting in an unwarranted delay.  The view was also expressed that it is the role of Council to evaluate development applications, and the applicants and their team of professionals have kept Council well informed to date.

 

Discussion then ensued regarding the main issues to be dealt with by Council, such as whether the proposal is suited to the property, and the size, siting and design of the proposed new hotel.

 

In response to being asked for his comments regarding the suggestion to hire a consultant, the Municipal Administrator noted that although such a course of action might have been useful in the beginning of the review process, it would be difficult to engage a consultant at this point in terms of timing and potential delays.  Additionally, Mr. Cochrane drew attention to the subjective nature of land use proposals, indicating that consultants may have pre-existing ideas in this regard.

 

Mr. Cochrane suggested that Council focus on the use and density aspects of the application and determine if there are any issues with these more fundamental points, prior to focusing on details of the proposal.

 

A member of Council noted that the Advisory Design Panel is a valuable resource for Council for evaluating certain aspects of the proposal, and urged that it be used as early in the process as possible.  There was discussion regarding the Advisory Design Panel’s role in this regard, and it was noted that the Panel should be used to help clarify specific questions with respect to design and siting of the hotel at the appropriate time, however, it is not the Panel’s mandate to review applications with respect to its land use aspects.

 

The discussion returned to the use of outside resources to assist Council in its review of the redevelopment proposal and it was noted that staff has a variety of resources available to it should Council request specific information.

 

 

 

Oak Bay Child and Youth Committee  -  Monterey Elementary School Traffic Update

 

Councillor Cassidy declared a conflict noting that he is a third party consultant to School District No. 61, and would be unable to participate in discussion on the matter.  He left the meeting at 8:30 p.m.

 

Councillor Braithwaite noted that at a recent Oak Bay Child and Youth Committee meeting, there was discussion regarding what traffic calming measures would be taken in relation to the reconfiguration of Monterey School to a middle school in the future.  Councillor Braithwaite noted that the Principal of Monterey School expressed her desire to keep communications open between the District and the School in this regard.

 

It was pointed out that to date plans have not been received from the School District with respect to traffic around Monterey School, however, once a plan is received, discussions on the subject can occur. 

 

It was agreed that the Municipal Engineer would contact the School District to ascertain when a plan might be submitted in this regard.

 

Councillor Cassidy returned to the meeting at 8:35 p.m.

 

Traffic and Pedestrian Safety

 

Councillor Copley reported that she met with Ms. Lesley Ewing with respect to her concerns regarding pedestrian, cycling and traffic safety along Henderson Road.   Members of Council noted that an exhaustive public consultation process and a staff report was done in 2003 on this topic, however, it was noted that should Ms. Ewing   bring forward her concerns and suggestions in writing to Committee of the Whole, they would be considered at a future meeting.  

 

RESOLUTIONS:

 

OAK BAY PARKS AND RECREATION PROPOSED FEES AND CHARGES

 

It was noted that the fees and charges proposed for the Windsor Pavilion were approved unanimously by the Parks and Recreation Commission at its April 5, 2006 meeting.  The remainder of the proposed fees and charges, it was noted, were contained in the budget information reviewed by Council and the Commission on March 28th.

 

MOVED by Councillor Jensen

Seconded by Councillor Carson, That the Parks and Recreation fees and charges, as attached to the resolution printed for the purposes of the April 10, 2006 regular Council meeting agenda, be approved.

CARRIED

 

OAK BAY PARKS AND RECREATION – EARLY SPENDING APPROVAL

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the Parks and Recreation request for early spending approval for the purchase of a solar heat exchanger and pressure reducing valve for the Oak Bay Recreation Centre, at a cost of $13,000, be approved.

 

CARRIED

 

 

DEVELOPMENT VARIANCE PERMIT – UNIVERSITY OF VICTORIA

 

Councillor Jensen indicated that he had a conflict with respect to this item inasmuch as he occasionally teaches at the University of Victoria.  He left the meeting at 8:52 p.m.

 

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot 1, Victoria District, Plan VIP57957, Section 31,44,45, 71 & 72 (University of Victoria) which will vary the provisions of Section A.6 of Schedule “A” to the Parking Facilities Bylaw, 1986, as amended, to permit the reduction of 20 parking spaces in connection with the construction of a new Social Sciences and Mathematics building,  as shown in the plan considered by Committee of the Whole on April 3, 2006, subject to, and without limiting any other remedy available to the District, the applicant first satisfying all of its obligations with regard to additional or expanded downstream sewer capacity pursuant to the Gordon Head Sewage Pumping Station Agreement between The Corporation of the District of Oak Bay and the University of Victoria dated August 19, 1997, in respect of the building for which the variance has been applied.

 

MOVED by Councillor Cassidy

Seconded by Councillor Carson, That the resolution in respect to the Development Variance Permit for the University of Victoria be tabled to enable notice to be given in accordance with the Local Government Act.

 

Responding to questions from Council, the Municipal Administrator provided an overview of the University of Victoria’s obligations under an agreement with Oak Bay to develop downstream sewer capacity in relation to the proposed new construction.  In this regard, said Mr. Cochrane, the University is working with the District of Saanich to try and redirect current flows to the Penryhn pumping station located in Saanich to reduce flows in Oak Bay.  If that is unsuccessful, he said, the University will have to pay to develop increased capacity in Oak Bay, as there is no capacity left to accommodate the new building.

 

The question was then called.

 

CARRIED

                       

Councillor Jensen returned to the meeting at 8:56 p.m.

 

TRAFFIC CONTROL ORDER NO. 2006-06 – PARKING RESTRICTIONS ON FOUL BAY ROAD AT OAK BAY AVENUE

 

MOVED by Councillor Herbert

Seconded by Councillor  Copley, That a sign be erected on the curb on the east side of Foul Bay Road adjacent to 2000 Oak Bay Avenue, as shown on the sketch attached hereto, to indicate that parking in the area so marked is limited to a two hour duration between 9:00 a.m. and 5:00 p.m., Monday to Saturday.

 

CARRIED

 

 

BYLAWS:

 

FOR THIRD READING

 

Councillor Cassidy declared a conflict noting that he is a third party consultant to School District No. 61, and would be unable to discuss or vote on Bylaw 4305 and 4306.  He left the meeting at 9:02 p.m.

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4305, Sixty-Eighth Zoning Bylaw Amendment Bylaw, 2006, be read a third time.

 

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4306, Parking Facilities Bylaw Amendment Bylaw No. 1, 2006, be read a third time.

 

CARRIED

 

Councillor Cassidy returned to the meeting at 9:03p.m.

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4308, 1538 Beach Drive Heritage Designation Bylaw, 2006, be read a third time.

 

CARRIED

 

ADJOURNMENT:

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the open portion of the meeting of Council be adjourned and that a closed session be convened to discuss personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the Municipality or another position appointed by the Municipality.

 

CARRIED

 

 

The meeting adjourned at 9:03  p.m.

 

 

 

Certified Correct

 

 

 

Municipal Clerk

 

 

 

 

Mayor