Council Minutes

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 24, 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

Municipal Treasurer, P. A. Walker

Municipal Engineer, S. G. Pitt

Mayor Causton called the meeting to order at 7:30 p.m.

MINUTES OF MEETING:

Public Hearing – April 10, 2006

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Public Hearing held on Monday, April 10, 2006, be adopted.

CARRIED

Council – April 10, 2006

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Council meeting held on Monday, April 10, 2006, be adopted.

CARRIED

Estimates Committee – April 12, 2006

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Estimates Committee meeting held on Wednesday, April 12, 2006, and the recommendations contained therein, be adopted.

CARRIED

Committee of the Whole – April 18, 2006

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Tuesday, April 18, 2006, and the recommendations contained therein, be adopted.

CARRIED

Estimates Committee – April 19, 2006

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the minutes of the Estimates Committee meeting held on Wednesday, April 19, 2006, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

2006-129

JOHN PIRQUET, April 11, 2006

Re Underground Power Lines - Beach Drive @ McNeill Bay

Mayor Causton declared a conflict in as much as his house is located within the area envisaged for installing underground wiring as contained in the letter from Mr. Pirquet, indicating that he would be unable to participate in discussion or vote on the matter. Mayor Causton left the meeting at 7:36 p.m.

Acting Mayor Carson continued on as Chairman.

John Pirquet, 560 Beach Drive, indicated that he polled the 44 property owners in the area proposed for underground wiring, indicating to those owners that a rough estimate of the cost would be from $10,000 to $20,000 for each property owner.

Of those property owners canvassed regarding the proposed project, said Mr. Pirquet, 31 indicated their support, two were opposed, and nine were either unreachable or the house was rented out.

Mr. Pirquet said that he felt the results of his poll indicate that a good majority of the property owners would support an underground wiring initiative.

The Municipal Administrator responded to questions from Council, noting that the first step in the process would be to refer to the proposal to the Engineering Department for a rough cost estimate. The financing for the project, if approved, he said, would be through a local area service paid for by the participating properties. He further noted that it would be a lengthy approval process, whether initiated by the property owners through a petition or by Council initiative which would require a counter-petition process to be undertaken whereby petitions against the project totaling at least 50% of the assessed value and 50% of the number of benefiting parcels would defeat the initiative.

Given that the proposed service area is archaeologically sensitive, said Mr. Cochrane, the cost estimate for the project could be very high, noting that once the authorization for the borrowing has been approved, it would be difficult to go back and collect further funds from the owners if extensive archaeological work proved to be necessary, or there were other unforeseen circumstances.

It was suggested that staff investigate possible ways to protect the Municipality should costs escalate following approval for the project, should it be granted.

The Municipal Engineer pointed out that in addition to the costs for the work on public property, each property owner would also be responsible for the costs for private hookup of services to his or her home.

With respect to Council’s question to Mr. Pirquet regarding whether or not the owners he canvassed were aware of the additional private “hook up” costs, he noted that he and the other owners were not aware of this additional cost.

It was further noted that should archeological work be required on private land with respect to the hook up of services, each owner would be responsible for all costs for this work.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That item 2006-129 be referred to the Engineering Department for a cost estimate of the proposed underground wiring project, including costs for work on private property, and further that staff be requested to research potential ways to protect the Municipality from cost overruns should the project be undertaken.

CARRIED

Mayor Causton returned to the meeting at 7:53 p.m.

2006-130

ROYAL CANADIAN LEGION, [undated]

Re War Service Recognition Book

MOVED by Councillor Jensen

Seconded by Councillor Carson, That item 2006-130 be referred to Estimates Committee.

CARRIED

2006-131

BIKE TO WORK VICTORIA, April 13, 2006

Re Request for Grant

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That a grant of $750 be provided to Bike to Work Victoria for 2006.

CARRIED

2006-132

MUNICIPAL ENGINEER, April 20, 2006

Re Centennial Clock Location

Mayor Causton outlined the two potential locations for the Centennial Clock, noting that the location in front of Pharmasave (2188 Oak Bay Avenue), as described in the memorandum from the Engineer, was being proposed for approval.

Mayor Causton noted that an alternate location that could be considered is at the north east corner of the Oak Bay Avenue and Wilmot Place intersection, adjacent to the Nicholas Randall shop. The Pharmasave location, noted Mayor Causton, was more central to the Avenue, but would require additional road work to accommodate it and would require the reduction of one parking space. The location on Oak Bay Avenue at Wilmot, he said, has more space available around it but would require the removal of an existing tree, and the clock would be located where that tree now exists.

Both proposals were discussed and the advantages and disadvantages of each were noted, including traffic safety aspects, available space, visibility, and impact on pedestrians. It was also suggested that the clock be located in front of the Municipal Hall, however, this location had been rejected by the Centennial Committee as it would give the impression that the clock was provided by the Municipality rather than through the joint sponsorship of many, including the Oak Bay Business Improvement Association (BIA).

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the Centennial Clock be located on the north east corner of the intersection of Oak Bay Avenue and Wilmot Place, adjacent to the Nicholas Randall shop.

It was noted that the Oak Bay BIA has contributed much of the funding for the clock, and Council inquired as to what the Association’s preference was with respect to its location.

Geoff Beattie, President, Oak Bay Business Improvement Association, noted that the location discussed by the Oak Bay BIA was outside of the Pharmasave, however, he understood that there could be issues with that location having now seen the cones placed there by staff for viewing. Primarily, said Mr. Beattie, the BIA would want to see the clock be visible along the Avenue.

There was further discussion regarding the two proposed locations and it was the majority view of Council that the location outside the Pharmasave was more appropriate for a variety of reasons.

The question was then called.

DEFEATED

(Councillors Braithwaite, Carson, Cassidy and Herbert opposed)

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That the Centennial Clock be located on the north side of Oak Bay Avenue adjacent to the Pharmasave (2188 Oak Bay Avenue), as indicated in the sketch attached to Item 2006-132.

CARRIED

2006-133

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION,

April 21, 2006

Re Oak Bay Business Improvement Area 2006 Budget

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Council approve the budget submitted by the Oak Bay Business Improvement Association for the 2006 calendar year as outlined in Item 2006-133, with the budget incorporating on the revenue side a grant from the Municipality in the amount of $69,000 to be recovered by means of a local service tax in that amount.

CARRIED

2006-134

N. PARKER-JERVIS, April 18, 2006

Re Development Variance Permit – University of Victoria

MOVED by Councillor Herbert

Seconded by Councillor Copley, That correspondence Item 2006-134 be received.

CARRIED

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Councillor Jensen indicated that the commercial garbage bins that are hauled out along Oak Bay Avenue in the early hours of the morning to await pickup are a traffic safety hazard, and queried whether or not the owners of the bins could be requested to at least provide reflectors on the bins to make them more visible in the dark.

There was agreement that the Municipal Engineer would look into the situation to address Councillor Jensen’s concerns.

TABLED:

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 8:19 p.m.

Responding to questions from Council, the Municipal Administrator confirmed that staff have had discussions with the District of Saanich and the University regarding the University’s obligations with respect to additional downstream sewer capacity needed in relation to the proposed new building, under an agreement with the District of Oak Bay, noting that the District of Saanich has indicated it will not issue a building permit until the issue has been resolved.

Mr. Cochrane outlined the three options available to the University to address the increased sewer flows, which are to pay for new sewer capacity to be built, to connect to the Saanich sewer system, or to reverse the Gordon Head pumping station flows.

With respect to the requested variances, Mr. Cochrane advised that he was unaware of any opposition the District of Saanich might have in this regard.

MOVED by Councillor Herbert

Seconded by Councillor Carson, That the following motion be lifted from the table:

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.

CARRIED

Noel Parker-Jervis, representing the North Henderson Residents’ Association, spoke to his letter as contained in the agenda, questioning the information put forward by the University of Victoria with respect to the number of single occupancy vehicles on campus and the University’s actual enrollment numbers.

The question on the main motion was then called.

CARRIED

Councillor Jensen returned to the meeting at 8:32 p.m.

RESOLUTIONS:

DEVELOPMENT VARIANCE PERMIT – 3030 DEVON ROAD

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot 4, Block 45, Section 31, Victoria District, Plan 8777 (3030 Devon Road) that will vary the following sections of the Zoning Bylaw, 1986, as amended, to permit renovations to the single family dwelling in accordance with the plans considered by Committee of the Whole on April 18, 2006:

*Bylaw Section*	*Required*	*Requested*	*Variance*
6.2.4.(2)(c) & Schedule “C” Minimum Interior Side Lot Line Setback	4.57 metres	3.07 metres	1.5 metres
6.2.4 (2)(e) & Schedule “C” Minimum Total Side Lot Line Setback	12.19 metres	9.77 metres	2.42 metres

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the resolution in respect to 3030 Devon Road be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

DEVELOPMENT VARIANCE PERMIT – 1621 PROSPECT PLACE

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot A, Section 69, Victoria District, Plan VIP73276 (1621 Prospect Place) that will vary the following section of the Zoning Bylaw, 1986, as amended, to permit renovations to the single family dwelling in accordance with the plans considered by Committee of the Whole on April 18, 2006:

*Bylaw Section*	*Required*	*Requested*	*Variance*
6.5.4.(2).(a) Minimum Front Lot Line Setback	7.62 metres	3.0 metres	4.62 metres

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the resolution in respect to the Development Variance Permit for 1621 Prospect Place be tabled to enable notice to be given in accordance with the Local Government Act.

CARRIED

EXECUTION OF SECTION 219 COVENANTS – NUMBER OF DRIVEWAYS SERVING 1230 AND 1234 TRANSIT ROAD

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the Mayor and Municipal Clerk be authorized to do all acts and things necessary to execute two Section 219 Covenants between Joan Lavinia Popham and The Corporation of the District of Oak Bay and between Jeffrey John and Jennifer Lynn Popham and The Corporation of the District of Oak Bay in respect to the number of driveways serving 1234 and 1230 Transit Road, as substantially set out in the form attached to the printed resolution considered by Council on April 24, 2006.

CARRIED

BYLAWS:

FOR FINAL ADOPTION

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4305, Sixty-Eighth Zoning Bylaw Amendment Bylaw, 2006, be finally adopted.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4306, Parking Facilities Bylaw Amendment Bylaw No. 1, 2006, be finally adopted.

CARRIED

Councillor Cassidy noted that he had meant to declare a conflict because he is a third party consultant to School District No. 61. This was an inadvertent error, he said, having missed the opportunity to make such a declaration before the motions were made and called.

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4308, 1538 Beach Drive Heritage Designation Bylaw, 2006, be finally adopted.

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 8:36 p.m.

Certified Correct

Municipal Clerk

Mayor