MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chamb

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, August 20, 2007 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton

Councillor H. Braithwaite

Councillor A. R. Cassidy

Councillor S. F. B. Carson

Councillor P. Copley

Councillor J. D. Hebert

Councillor N. B. Jensen

STAFF:

Municipal Clerk, L. Hilton

Recording Secretary, D. Beesley

Municipal Treasurer, P. A. Walker

Design Engineer, R. Ding

Deputy Fire Chief, D. Cockle

Deputy Chief Constable, K. Thom

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

MINUTES OF MEETINGS:

Council – July 23, 2007

Mayor Causton noted that, based on corrected information staff received from the City of Victoria on this subject, the discussion and motion regarding correspondence item no. 2007-209 should be amended to endorse the sale of 4.85% of the central library to the Town of View Royal versus the 4.83% contained in the minutes.

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the minutes of the Council meeting held on Monday, July 23, 2007, be amended on page 8 to replace “4.83%” with “4.85%” in the two places it appears, and that the minutes as amended, be adopted.

CARRIED

Committee of the Whole – August 13, 2007

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That the minutes of the Committee of the Whole meeting held on Monday, August 13, 2007, and the recommendations contained therein, be adopted.

Mayor Causton said that a late correspondence item had been received on item no. 2007-215, which was before Council in the amended agenda with regards to the request to place information signs for the water park on public property.

The writers, noted Councillor Jensen, are, among other things, suggesting adding additional wording to the two signs in order to direct vehicles to use the Henderson Road parking area while using the water park.

The Municipal Clerk clarified that the placement of one of the signs will be directly adjacent to the parking area for the park, and the other sign would be at the intersection of Foul Bay Road and Townley Street, directing park users to the parking area.

Responding to questions about the concerns expressed in the letter with respect to driveways being blocked, Ms. Hilton advised that should residents find their driveways blocked, the Police Department could be called upon to assist.

With respect to the writers’ request that Engineering staff be requested to erect additional “no parking” signage at the dead end portion of Allenby Street adjacent to the water park, Ms. Hilton advised that the request is already under review by the Director of Engineering Services, who has the delegated authority to designate no parking areas.

The question was then called.

CARRIED

There was consensus to vary the order of the agenda to consider the correspondence in relation to the signs at the water park at this time.

2007-230

SHELLEY ROSS, GREG WILLIAMS, DOUG AND JANE TAYLOR LEE, August 18, 2007

Re Information Signs for Water Park to be Placed on Public Property

MOVED by Councillor Herbert,

Seconded by Councillor Copley that correspondence item no. 2007-230 be received.

CARRIED

Mayor Causton noted that with staff holidays, some new staff members were in attendance at the Council meeting, along with a new reporter for the Oak Bay News. Mayor Causton went on to introduce those in attendance.

COMMUNICATIONS:

2007-221

TIMES COLONIST CYCLING FESTIVAL, JUNE 25, 2007

Re Request for Road Closure for Cops for Cancer Criterium – September 15, 2007

Sharon White, Race Director, Times Colonist Cycling Festival, said that a cycling ‘test’ event was held on July 29^th on the streets surrounding Windsor Park which, in her view, went very well. Ms. White noted the tremendous effort of the Oak Bay Police Department in helping to organize the cycling event and she said that she had heard no complaints arising from the event.

Responding to a question of Council, Ms. White confirmed the event organizers for the cycling criterium would make efforts to re-open the streets to vehicles as soon as possible after the conclusion of the race and fundraising activities. Ms. White also stated that the Oak Bay United soccer team has rescheduled their regular use of the field to later in the afternoon to accommodate the cycling event on that day.

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That approval be given for the closure of the roads bordering Windsor Park between the hours of 7:30 a.m. and 12:00 noon, September 15, 2007, in connection with the Times Colonist Cycling Festival Cops for Cancer Oak Bay Criterium fundraising event, subject to the event organizer:

§ indemnifying the Municipality from any liability arising from the event and providing evidence of insurability in this regard; and

§ paying for any extraordinary costs incurred by the Municipality in connection with the event; and

§ obtaining approval from the Oak Bay Police Department for a traffic management plan for the event.

CARRIED

2007-222

JANET KNIGHT, August 1, 2007

Re Request for Road Closure for Block Party on Wilmot Place – September 1, 2007

MOVED by Councillor Braithwaite,

Seconded by Councillor Jensen , That permission be given for the closure of Wilmot Place on Saturday, September 1, 2007, from 4:30 p.m. to 10:30 p.m., for the purpose of a neighbourhood block party.

CARRIED

2007-223

DEIRDRE VINCENT et al, August 6, 2007

Re Request for Road Closure for Block Party on Dover/Devon Road – September 9, 2007

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That permission be given for the closure of the cul-de-sac at the intersection of Dover and Devon Roads from 4:30 p.m. to 7:30 p.m. on Sunday, September 9, 2007, for the purpose of a neighbourhood block party.

CARRIED

2007-224

SCOUTS CANADA, GREATER VICTORIA AREA, August 3, 2007

Re Request for Tag Day – September 29, 2007

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That permission be granted for the Greater Victoria Area branch of Scouts Canada to hold a Scouts Apple Day fund raising event on public streets in Oak Bay from 9:00 a.m. to 3:00 p.m. on Saturday, September 29, 2007.

CARRIED

2007-225

VICTORIA REMEMBRANCE DAY COMMITTEE POPPY FUND,

July 10, 2007

Re Request for Tag Days

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That permission be granted to the Victoria Remembrance Day Committee Poppy Fund to conduct the sale of poppies in public places in Oak Bay from October 26, 2007 to November 10, 2007.

CARRIED

2007-226

MUNICIPAL TREASURER, August 10, 2007

Re Municipal Insurance Association Voting Delegate

Mayor Causton, who is currently Oak Bay’s voting delegate, indicated he would be attending the Municipal Insurance Association’s annual general meeting on September 25, 2007, however, alternate delegates are required. Councillor Herbert, the current alternate voting delegate, said he would not be available to attend the meeting. Other members of Council noted their unavailability as well, and it was acknowledged there would be no alternate voting delegates to Mayor Causton at the upcoming MIA Annual General Meeting.

2007-227

MUNICIPAL ADMINISTRATOR, July 24, 2007

Re University of Victoria Sewer Diversion

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That pursuant to Section 13 of the Community Charter, consent be granted for the District of Saanich to provide water supply and sewer collection system services on the portion of the University of Victoria campus described as Lot 1, Sections 31, 44, 45, 71 and 72, Victoria District, Plan VIP57957, located within the District of Oak Bay.

Referring to the memorandum from the Municipal Administrator, a member of Council noted that the agreement would see sewer from the University of Victoria (UVic), which flows through the Gordon Head pump station, diverted to the District of Saanich and the pump station taken over by the University. The question was raised that as the Gordon Head pump station is currently taking the flows from the houses on Cedar Hill X Road along with UVic’s, maybe the flows from those houses could continue through the Gordon Head pump station and be diverted to Saanich as well, eliminating the need to construct a lift station.

The Municipal Clerk noted that inasmuch as she was not involved in the discussions leading to the currently proposed agreement, she could not provide any information in that regard, however, the proposed agreement does lay out Oak Bay’s responsibility for constructing a lift station in relation to the sewer diversion, an estimate for which would be prepared by the Engineering Department. The Design Engineer confirmed that no estimate was available at this time.

A member of Council indicated that he would feel more comfortable if information on the cost of the proposed lift station was available prior to moving forward.

It was acknowledged that time is of the essence in executing the proposed agreement as far as the University is concerned, and Mayor Causton suggested that Council could move forward with first three readings of the authorization bylaw, which appears later on the agenda, and that the questions raised by Council could be answered by staff prior to considering adoption of the Bylaw at the next Council meeting.

Ms. Hilton said that while undoubtedly the Director of Engineering Services and the Municipal Administrator could provide further information on the options discussed prior to settling on the proposed agreement, she was unable to say if a cost estimate for the lift station would be available by that time.

The question was then called.

CARRIED

2007-228

DIRECTOR OF BUILDING AND PLANNING, August 3, 2007

Re Advisory Design Panel Report – 2861 Eastdowne Road

Attention was drawn to the recommendation from the Advisory Design Panel to reject to proposed plans for the construction of a garage at 2861 Eastdowne Road.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the Advisory Design Panel report with respect to 2861 Eastdowne Road be received.

CARRIED

10.

2007-229

2007-229-1

2007-229-2

2007-229-3

2007-229-4

BISON PROPERTIES LTD., August 16, 2007

SUE ILES, August 13, 2007

ANTHONY AND CAROL ANN SHELTON, August 12, 2007

MR. AND MRS. PEARCE, August 16, 2007

MR. AND MRS. PEARCE, August 20, 2007

Re Development Permit Amendment – 1175 Beach Drive

(Oak Bay Beach Hotel)

Rod Pendlebury, Construction Manager, Durwest Construction Management Ltd., responding to questions regarding trees on the Oak Bay Beach Hotel property, noted that a Douglas Fir tree and a Silver Birch tree located in the northwest corner of the property at 1175 Beach Drive were slated to be removed and replaced with two large growing deciduous trees. Mr. Pendlebury also noted that the proposed removal of these trees was depicted in the original plans from Brad Forth Landscape Design which had already been approved by Council.

Mr. Pendlebury confirmed that the only additional tree to be removed through the development permit amendment is a Willow tree.

Responding to a question regarding the planned removal of the Willow tree, Kevin Walker, Oak Bay Beach Hotel, said that the root system of the Willow tree was such that it would interfere with the drain tile for the proposed pool, and fallen leaves from the Willow plug the roof eaves of the Hotel, and possibly neighbouring buildings as well. Mr. Walker went on to say that he had discussed the possible tree removal with residents of Seaview Apartments (located to the north of the proposed Hotel) who said that they were satisfied with his plans to remove the tree.

MOVED by Councillor Carson

Seconded by Councillor Braithwaite, That correspondence items no. 2007-229 to 227-229-4 be received.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Mayor Causton noted the recent passing of Eleanor Smith, a valued member of the Oak Bay Community. Mayor Causton, on behalf of Council, extended his deepest sympathies to the Smith family.

BC Hydro Turn It Off Challenge

Councillor Copley gave an update on the ‘BC Hydro Turn It Off Challenge’ the District of Oak Bay has been involved with, noting that it has been a successful campaign in arising awareness of power usage, and advising that many plans are underway to continue raising awareness.

TABLED:

Development Variance Permit – 2861 Eastdowne Road

MOVED by Councillor Jensen

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

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 2861 Eastdowne Road (Lot 34, Section 28, Victoria District, Plan 8990), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the siting of a building:

Bylaw Section	Required	Requested	Variance

6.5.4(2)(a) Minimum Front Lot Line Setback	7.62 m	1.22 m	6.4 m

6.5.4(2)(c) Minimum Interior Side Lot Line Setback	1.52 m	0.60 m	0.92 m

6.5.4(2)(e) Minimum Total of Side Lot Line Setbacks	4.57 m	2.22 m	2.35 m

to accommodate the addition of a double garage to the front of the principal building, as shown on the sketches appended to Committee of the Whole agenda item #2007-193, being a memorandum from the Director of Building and Planning dated July 4, 2007.

Ted Pobran, 2861 Eastdowne Road, explained that he had worked with Oak Bay’s Advisory Design Panel on a revised design for a two car garage at the front of his home, and that he had accepted the Panel’s recommendation to reject his original plans. However, said Mr. Pobran, he would be concerned if he was asked to pay the $500 fee associated with applying for a subsequent development variance permit from Council. He questioned whether it was possible for Council to waive the fee if he were to apply for a development variance permit with a changed design for a garage on his property.

The question was then called.

DEFEATED

(Councillors Braithwaite, Cassidy, Carson, Copley, Herbert and Jensen opposed)

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the owner of 2861 Eastdowne Road be requested to submit revised plans in respect to his application for a development variance permit, and that the revisions not be treated as a new application for fee assessment purposes.

CARRIED

Development Variance Permit – 1852 Hampshire Road

MOVED by Councillor Herbert

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

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 1852 Hampshire Road (Lot 11, Section 61, Victoria District, Plan 1266), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the siting of a structure:

Bylaw Section	Required	Requested	Variance

6.5.4(2)(c) Minimum Interior Side Lot Line Setback	1.52 m	0.61 m	0.91 m

6.5.4(7) Minimum Clear Space Between Buildings and Structures	3.0 m	0.51 m	2.49 m

to accommodate the construction of a “rose arbor”, as shown on the sketches appended to Committee of the Whole agenda item #2007-192, being a memorandum from the Director of Building and Planning dated June 22, 2007.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 880 St. Patrick Street

MOVED by Councillor Herbert

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

That the Director of Building and Planning be authorized to issue a Development Variance Permit with respect to 880 St. Patrick Street (Lot 33, Block B, Section 22, Victoria District, Plan 1092), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended, with respect to the maximum floor area of a principal building:

Bylaw Section	Required	Requested	Variance

6.5.4(6)(a) Maximum Gross Floor Area, Principal Bldg.	360 m²	439 m²	79 m²

6.5.4(6)(a) Maximum Gross Floor Area Above Basement, Principal Bldg.	240 m²	439 m²	199 m²

to dispense with the requirement to eliminate pre-existing floor space that would otherwise be necessary to accommodate the development of new floor space in the attic area of the principal building on 880 St. Patrick Street, as more particularly described in Committee of the Whole agenda item #2007-194, being a memorandum from the Director of Building and Planning dated July 4, 2007.

CARRIED

The question on the main motion was then called.

CARRIED

Development Permit Amendment – 1175 Beach Drive

MOVED by Councillor Herbert

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

That the Director of Building and Planning be authorized to do all acts and things necessary to issue a Development Permit to Bison Properties Ltd. with respect to Lot A, Sections 23 and 73, Victoria District, Plan VIP82201 and the portion of abutting foreshore zoned CD-1 (hereinafter together the “Land”), substantially as set out in the document (hereinafter the “Amended Development Permit”) appended to the resolution with respect to the Land forming part of the regular meeting agenda package considered by Council on July 23, 2007, for the purpose of amending the Development Permit issued to Bison Properties Ltd. pursuant to a resolution of Council dated June 11, 2007 (hereinafter the “Original Development Permit”), to allow changes to the proposed development of the Land as depicted in the Original Development Permit and to add to and alter the variances granted in the Original Development Permit as set out in the Amended Development Permit.

CARRIED

The question on the main motion was then called.

CARRIED

BYLAWS:

For First, Second and Third Reading

Bylaw No. 4375

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4375, Fireworks Regulation Bylaw, 2007, be introduced and read a first time.

CARRIED

(Councillor Jensen opposed)

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That Bylaw No. 4375, Fireworks Regulation Bylaw, 2007, be read a second time.

There was discussion regarding what exactly a community event for the benefit of the community at large would be, as the use of fireworks for any such event would have to be approved by Council under the proposed Bylaw. Responding to questions, the Municipal Clerk referred to the section of the Bylaw that contains the requirements for approval of fireworks in connection with a community event by Council, noting that it would be up to Council to decide what type of an event would be considered a community event for the benefit of the community, however, she noted, it was not envisaged that a small event to be held on a resident’s private property would meet that criteria. There was further discussion and Ms. Hilton noted that a community event in connection with Canada Day, for instance, might be considered acceptable by Council in terms of being for the benefit of the community as a whole.

While there was some support for being less restrictive with respect to permitting fireworks displays, it was acknowledged that the direction from Council had been to draft a bylaw that would ban the sale of fireworks, and restrict the issuance of permits for discharging fireworks to those community events approved by Council, and the majority view of Council was that the Bylaw as written was supportable.

The question was then called.

CARRIED

(Councillors Braithwaite and Jensen opposed)

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That Bylaw No. 4375, Fireworks Regulation Bylaw, 2007, be read a third time.

CARRIED

(Councillors Braithwaite and Jensen opposed)

Bylaw No. 4376

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4376, Ticket Information Utilization Bylaw Amendment Bylaw No. 5, 2007, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4376, Ticket Information Utilization Bylaw Amendment Bylaw No. 5, 2007, be read a second time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Carson, That Bylaw No. 4376, Ticket Information Utilization Bylaw Amendment Bylaw No. 5, 2007, be read a third time.

CARRIED

Bylaw No. 4377

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4377, UVic Sewage Pumping Station Transfer Agreement Authorization Bylaw, 2007, be introduced and read a first time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4377, UVic Sewage Pumping Station Transfer Agreement Authorization Bylaw, 2007, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Bylaw No. 4377, UVic Sewage Pumping Station Transfer Agreement Authorization Bylaw, 2007, be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That the meeting of Council be adjourned.

CARRIED

The meeting adjourned at 8:26 p.m.

Certified Correct:

_______________________________

Municipal Clerk

_______________________________

Mayor