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 Tuesday, October 10, 2006.

 

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor P. Copley

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Director of Building and Planning, N. Beattie

Director of Engineering Services, D. Marshall

 

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

 

 

MINUTES OF MEETING:

 

Special Council – September 12, 2006

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Special Council meeting held on Tuesday, September 12, 2006, be adopted.

 

CARRIED

 

Council – September 25, 2006

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday September 25, 2006, be adopted.

 

CARRIED

 

Special Council – October 2, 2006

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Special Council meeting held on Monday, October 2, 2006, be adopted.

 

CARRIED

 

Committee of the Whole – October 2, 2006

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That the minutes of the Committee of the Whole meeting held on Monday, October 2, 2006, and the recommendations contained therein, be adopted.

 

CARRIED

 

REPORT OF PUBLIC HEARING:

 

Public Hearing – September 12 & 13, 2006

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the report of the Public Hearing held on Tuesday, September 12, 2006 and Wednesday, September 13, 2006, be adopted.

 

CARRIED

 

 

COMMUNICATIONS:

 

1.

2006-347

CAPITAL REGIONAL DISTRICT, September 19, 2006

Re Capital Regional District Strategic Plan

 

It was noted that the Capital Regional District was requesting comment from Council with respect to the draft Capital Regional District Strategic Plan.

 

Various questions and concerns were raised regarding the draft Plan.  While the majority of Council members noted their support for the creation of a Strategic Plan, some felt that the draft Plan presented was not easily understandable and could be revised in areas to be clearer, especially as the strategic priorities would presumably dictate the various regional programs and be reflected in the CRD’s budget.  Concerns regarding the usefulness of the plan over time through changes in Board membership were also noted, as were concerns about how the various strategic priorities would be ranked.

 

In response to comments and concerns raised by Council, Mayor Causton pointed out that the Chief Administrative Officer for the Capital Regional District was prepared to visit member Municipalities to make a presentation on the draft Plan, suggesting that Oak Bay invite Mr. Kelly Daniels for that purpose.

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Capital Regional District staff be invited to attend the next Council meeting to make a presentation on the CRD’s Draft Strategic Plan.

 

            CARRIED

 

2.

2006-348

VICTORIA REMEMBRANCE DAY COMMITTEE POPPY FUND,

October 7, 2006

Re Request for Tag Days

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, 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 25 to November 10, 2006.

 

            CARRIED

 

 

3.

2006-349

GIRL GUIDES OF CANADA, September 26, 2006

Re Request for Tag Day

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That permission be granted to the Girl Guides of Canada (Emily Carr Division) to conduct cookie sales on Oak Bay Avenue on October 14, 2006, from 10:00 a.m. to 3:00 p.m.

 

CARRIED

 

4.

2006-350

KIWANIS CLUB OF OAK BAY, October 3, 2006

Re Request for Grant for Halloween Community Event

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That a grant to the Kiwanis Club of Oak Bay in the amount of $500 to assist with the cost of the 2006 community Halloween event be approved.

 

CARRIED

 

5.

2006-351

2006-351-1

VICTORIA GOLF CLUB, September 28, 2006

DIRECTOR OF ENGINEERING SERVICES [Undated]

Re Request to Remove Parking Bay and Relocate Sidewalk on a Portion of Beach Drive

 

Mayor Causton indicated that he could not participate in the discussion of the letter from the Victoria Golf Club because he is a member of the Club.  He left the meeting at 7:59 p.m.

 

Acting Mayor Copley assumed the Chair, and provided an overview of the request from the Golf Club, noting that it was requesting that the parking bay adjacent to the golf course hole number three be removed, and the crosswalk relocated to the west side of Beach Drive in the vicinity of that hole to minimize risk to pedestrians and cars along that portion of Beach Drive from errant golf balls.

 

It was noted that Engineering Department staff had provided an estimate of the cost to remove the parking bay and relocate the sidewalk in line with the roadway on the east side of Beach Drive, however, the costs of relocating the sidewalk to the west side of Beach Drive and the installation of the associated crosswalks had not been looked into.

 

There was further discussion regarding the Golf Club’s request, and it was pointed out that the primary responsibility for addressing the issues raised by the Club lie with the Club as property owner, however, it was acknowledged that an estimate of the costs of all the proposed work, prepared by the Engineering Department, would be helpful.

 

MOVED by Councillor Carson

Seconded by Councillor  Braithwaite, That Engineering staff be requested to prepare an estimate for the removal of the parking bay along hole number three of the Victoria Golf Club, reinstatement of the boulevard, relocation of the sidewalk to the west side of Beach Drive and installation of the associated crosswalks.

 

It was agreed that the portion of the estimate to relocate the sidewalk to the west side should assume construction of a sidewalk wider than the existing one to make it easier for pedestrians to share the sidewalk.  It was also noted that staff would be in contact with the Golf Club to determine where along Beach Drive would be the most appropriate place to consider installing crosswalks and moving the sidewalk to the west side and where to move it back to the east side, to assist with preparing the estimate.

 

A member of Council drew attention to the signs erected by the Club along the Beach Drive portion of the golf course that caution people against errant golf balls, and that parking along Beach Drive is at your own risk.  The signs, he said, trouble him as they are unattractive and contain what he feels is false information.

 

The question was then called.

 

CARRIED

 

Mayor Causton returned to the meeting at 8:16 p.m.

 

 

6.

2006-352

OAK BAY HERITAGE STEERING COMMITTEE, September 14, 2006

Re Minutes of Meeting

 

Mayor Causton drew attention to the great success of the recent Home & Garden Tour.

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That the minutes of the Oak Bay Heritage Steering Committee meeting held on September 14, 2006 be received.

 

Councillor Herbert clarified that the October heritage lecture featuring Dr. Nancy Turner was to be held at the Oak Bay Recreation Centre.

 

With respect to the Oak Bay United Church revisiting its option to restore the church building,  as noted in the minutes, Councillor Copley indicated her desire to see such a project receive the support of Council.

 

The question was then called.

 

CARRIED

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

Attention was drawn to the upcoming fundraiser to be to be undertaken by the Penny Farthing Pub on November 25th, and it was noted that the focus of the event would be to raise funds for new furnishing for the Windsor Park Pavilion.

 

TABLED:

 

Development Variance Permit – 2544 Nottingham Road

 

MOVED by Councillor Braithwaite

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 that part of Lot 10, Block 19, Section 31, Victoria District, Plan 1216A lying to the south west of a straight boundary joining the points of bisection of the north westerly and south easterly boundaries of said lot (2544 Nottingham Road) that will vary the following sections of the Zoning Bylaw, 1986, as amended, to permit the construction of a new dwelling on the property in accordance with the plans considered by Committee of the Whole on September 18, 2006:

 

Bylaw Section

Required

Requested

Variance

6.2.4.(10). Front Lot Line Setback

Between

17.9 m and 20.9 m

35.7 m

14.8 m

4.6.5.(2). Maximum Projection into Interior Side Setback (Eaves)

450 mm

1200 mm

759 mm

 

CARRIED

 

The Director of Building and Planning responded to questions from Council, noting that the request includes a variance for the projection of the eaves of the house into the interior side lot line setback, as well as a variance for the front lot line setback.

 

Mr. Beattie also noted that the house is now proposed to be two feet higher than previously requested, although no variance is required for the increased height.

 

The question on the main motion was then called.

 

CARRIED

 

RESOLUTIONS:

 

Development Variance Permit – Lot Line Adjustment Between 2171 and 2173 Granite Street

 

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That the Director of Building and Planning be authorized to issue a development variance permit with respect to the proposed boundary adjustment subdivision of:

 

·         Parcel A (DD43305-I) of Lot 21, Section 23, Victoria District, Plan 673A (2173 Granite Street); and

·         Lot 1, Section 23, Victoria District, Plan 16302 (2171 Granite Street),

 

which would vary the requirements of Section 3.6.1 and Schedule A of Bylaw No. 3531, Zoning Bylaw, 1986, and Section 5 of  Bylaw No. 3578, Subdivision and Development Bylaw, 1987 to allow the proposed Lot B to be created with a minimum width of 6.1 metres, substantially as shown on the sketch plan of the proposed subdivision prepared by Powell & Associates, B.C. Land Surveyors, dated July 19, 2006, attached to Committee of the Whole agenda item #2006-345, being a memorandum from the Approving Officer dated July 28, 2006, when and if the Approving Officer grants preliminary approval to the proposed subdivision, and upon the applicant satisfying all conditions of preliminary approval set out by the Approving Officer.

 

Responding to questions from Council, the Approving Officer noted that the augmented lot B (2173 Granite Street) would nominally meet the minimum lot size requirements for subdivision, however, it would not meet some other requirements for subdivision.

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the resolution with respect to the development variance permit for 2171 and 2173 Granite Street be tabled to enable notice to be given in accordance with the Local Government Act.

 

CARRIED

 

BYLAWS:

 

For Adoption

 

Bylaw No. 4331

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4331, Fire Regulation Bylaw Amendment Bylaw No. 2, 2006 be adopted.

CARRIED

 

For First, Second and Third Reading

 

Bylaw No. 4328

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4328, Maquinna Street Stopping Up, Closing and Removing of Highway Dedication Bylaw, 2006, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4328, Maquinna Street Stopping Up, Closing and Removing of Highway Dedication Bylaw, 2006, be read a second time.

 

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4328, Maquinna Street Stopping Up, Closing and Removing of Highway Dedication Bylaw, 2006, be read a third time.

 

CARRIED

 

Bylaw No. 4329

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4329, Esplanade Local Service Area Establishment and Loan Authorization Bylaw, 2006, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4329, Esplanade Local Service Area Establishment and Loan Authorization Bylaw, 2006, be read a second time.

 

Concerns were noted by members of Council regarding the estimate for the cost of the underground wiring for a portion of the Esplanade because high costs for archaeological work were expected, querying whether or not the estimate was high enough.  The Municipal Administrator answered questions from Council noting that staff has, as is the usual practice, built in a contingency amount in the estimate, and that staff was satisfied with the estimate as given.  He further noted that the amount of the estimate does not take into account the grant from BC Hydro for one-third of its costs, in the event that the project is not completed in time to qualify for receiving the grant.

 

Mr. Cochrane confirmed that should the costs be higher than the amount noted in the Bylaw, it would not be possible to go back to the property owners for more funds.

 

The question was then called.

 

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Carson, That Bylaw No. 4329, Esplanade Local Service Area Establishment and Loan Authorization Bylaw, 2006, be read a third time.

 

CARRIED

 

Bylaw No. 4330

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4330, Property Tax Exemption Bylaw, 2006, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4330, Property Tax Exemption Bylaw, 2006, be read a second time.

 

CARRIED

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That Bylaw No. 4330, Property Tax Exemption Bylaw, 2006, be read a third time.

 

CARRIED

 

 

 

 

 

ADJOURNMENT:

 

MOVED by Councillor Jensen

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

 

CARRIED

 

The meeting adjourned at 8:42 p.m.

 

 

Certified Correct:

 

 

 

_______________________________

Municipal Clerk

 

 

_______________________________

Mayor