MINUTES of a regular meeting of COMMITTEE OF THE WHOLE 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, May 5, 2008 at 7:30 p.m.

 

PRESENT:

Acting Mayor H. Braithwaite, Chairman

 Councillor A. R. Cassidy

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

Confidential Secretary, K. Green

Director of Building and Planning, N. Beattie

Director of Engineer Services, D. Marshall

 

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

 

At the request of Councillor Herbert, there was consensus to add an item under the Traffic Section of the agenda, which was to investigate incorporating part time bike lanes along Monterey Avenue between McNeill Avenue and Bowker Avenue.

 

TRAFFIC SECTION: (Chairman – Councillor Copley)

 

1.

2008-129

 - -

 

2008-129-1

DIRECTOR OF ENGINEERING SERVICES, April 25, 2008

EXCERPT FROM COMMITTEE OF THE WHOLE MEETING MINUTES, April 21, 2008

BARBARA PRENDERGAST, May 5, 2008

Re Tod Road Traffic

 

Councillor Copley provided an overview of previous discussions regarding Tod Road traffic, noting that the speed limit has been reduced and the no-parking signs have been updated, however, residents are still experiencing issues with speeding and parking violations which they feel are affecting safety.  Councillor Copley added that as decided at the last meeting, staff will be adding red borders to the speed limit signs to enhance visibility. She also noted that the Police Department has been requested to heighten speed limit and parking enforcement in the area.

 

Attention was drawn to the report provided by the Director of Engineering Services which was requested at the last meeting of Committee of the Whole regarding the potential installation of speed bumps on Tod Road.  Mr. Marshall noted that the relatively inexpensive removable speed bumps are recommended to be installed west of the cul-de-sac as indicated in his memorandum (correspondence item no. 2008-129).

 

Councillor Copley referred to correspondence item no. 2008-129-1, being a letter from Ms. Prendergast, requesting that the parking restrictions include both the north and south side of Tod Road and that the municipality consider installing a continuous sidewalk along the west side of Musgrave Street across Tod Road as a physical reminder to motorists of the pedestrians that cross there.

 

Members of the Committee agreed that the suggested continuous sidewalk at the west end of Tod Road could enhance safety and have a traffic calming effect on the area, supporting the proposal.

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That it be recommended to Council that approval be given to install speed bumps in the locations specified in correspondence item no. 2008-129, and further that, if funding permits, a sidewalk be constructed across Tod Road where it intersects with Musgrave Street, to link the existing sidewalks along the west side of Musgrave Street.

 

Phil Prendergast, 2423 Hamiota Street, said he would like to see the speed bumps placed along the east end of Tod Road as well to ensure vehicle speed is reduced all along Tod Road.  

 

Darlene Chase, 2433 Hamiota Street, said she liked the idea of the continuous sidewalk on Musgrave Street at the west end of Tod Road, noting it would help to slow traffic and improve safety for the children.

 

The Director of Engineering Services drew attention to the Fire Department’s previously stated view regarding speed bumps, which was that they should only be installed west of the cul-de-sac.   

 

Karen Jack, 2393 Tod Road, advised that she has been taking pictures of cars that have been parking on both sides of Tod Road, which illustrate the infractions that are causing safety concerns.

 

Michael Yakubowich, 2390 Musgrave Street, said he had spoken with the neighbours and they agreed with the idea of extending the sidewalk at the west end of Tod Road as well as prohibiting parking on the north side of Tod Road.  He felt that these solutions would alleviate the issues of concern and that the no parking signs could be placed on the existing utility poles, which would help reduce the cost to the municipality. 

 

Further discussion ensued with respect to the need to prohibit parking on both sides of Tod Road and the view was expressed that this may have the effect of increasing traffic speeds.

 

The question was then called.

 

CARRIED

 

PUBLIC WORKS SECTION: (Chairman – Councillor Herbert)

 

2.

2008-130

2008-130-1

DIRECTOR OF ENGINEERING SERVICES, April 25, 2008

JOHN AND SUSAN BODNAR, March 11, 2008  

Re Request for Boulevard Encroachment Application and Driveway Access Bylaw Amendment – 630 Island Road

 

Responding to questions from the Committee regarding the applicant’s request to amend the Driveway Access Bylaw to allow a driveway crossing consisting of screenings to be used rather than what is currently permitted (concrete, asphalt or pavers), the Municipal Administrator acknowledged that while screenings may be aesthetically and practically suitable for some areas, the Committee may not consider them desirable for all areas of Oak Bay.  In this regard, said Mr. Cochrane, staff could, if requested, draft an amendment that would see screenings permitted where, for instance, there were no curbs or sidewalks, or where native plantings exist on the boulevard, for the Committee’s review.  Mr. Cochrane noted that even with specific criteria written into the Bylaw as mentioned, circumstances may still arise where screenings are not deemed to be appropriate.

 

Responding to questions from the Committee, the Director of Engineering Services noted that through his research, he found that there did not seem to be many problems associated with the use of screenings and that with a good product being used and a 20 centimetre (8 inch) gravel base being installed, screenings could be suitable for driveway crossings in some areas. 

 

Michele Kirby, 2315 Dalhousie Street, commented that when resurfacing her driveway she was not permitted to use recycled bricks saying she felt that the bylaw should be amended to allow such recycled products to be used.

 

Susan Bodnar, 630 Island Road, noted that when she and her husband purchased their property the boulevard area was in a very poor state and was used for parking.  Responding to questions from the Committee, Ms. Bodnar noted that the asphalt parking pad off of Earn Street was already in place when they purchased the house.

 

With respect to the cedar split rail fence, Ms. Bodnar advised that the fence is not a permanent fixture and can easily be moved.

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That staff be directed to draft an amendment to the Driveway Access Bylaw, 1987, to permit screenings and other appropriate materials to be used for driveway crossings in appropriate locations.

 

CARRIED

 

The Committee turned its attention to the requested boulevard encroachment, which includes the pre-existing asphalt parking pad off Earn Street, the gravel parking pad off Island Road, a wild rose bush/hedge, native plantings, split-rail fence and an irrigation system.

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That it be recommended to Council that permission be given for a boulevard encroachment adjacent to 630 Island Road to permit an irrigation system subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality and obtaining a plumbing permit.

 

CARRIED

 

There was discussion regarding which other portions of the encroachment request were supportable, and Mr. Cochrane advised that if the Committee was to recommend against permitting an encroachment for the two parking pads, given that the asphalt pad off of Earn Street pre-exists the Bodnar’s ownership of the land, it would be unusual to require the owners to remove the pad at their expense as they did not install it.  However, he said, the Municipality would be in a position to remove it should that be desired.

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That it be recommended to Council that an encroachment for the existing parking pad on the Earn Street and Island Road boulevards adjacent to 630 Island Road be denied, and further, that the owners of 630 Island Road be required to remove the parking pad on Island Road and that they be advised that the District of Oak Bay reserves the right to remove the asphalt parking pad on Earn Street.

 

There was further discussion regarding the parking pads, and while some members of the Committee felt that the pads fit well with the area, others were concerned regarding the appearance of public property being taken over for private use noting that Council has been fairly consistent in its denial of such encroachments in the past.

 

Ms. Bodnar requested that the Committee give consideration to allowing an encroachment for the wild rose bush/hedge, noting that it was in keeping with other wild rose plantings in the area.

 

The question was then called.

 

DEFEATED

(Councillors Braithwaite, Carson and Cassidy opposed)

 

MOVED by Councillor Braithwaite,

Seconded by Councillor Cassidy, That it be recommended to Council that permission be given for an encroachment to retain the existing wild rose bush/hedge adjacent to 630 Island Road, subject to the owners entering into a boulevard encroachment agreement on terms set by the Municipality.

 

CARRIED

(Councillor Jensen opposed)

 

Noting that the full Committee was not in attendance, Councillor Carson indicated that he would like to bring back for reconsideration the original motion to recommend to Council that it deny permission for the two parking pads as he was willing to change his vote to enable further consideration of the recommendation when the minutes of the meeting are proposed to be adopted at the next meeting of Council, assuming that a positive motion to allow the encroachment of the parking pads would also result in a tie vote and therefore fail.

 

MOVED by Councillor Carson

Seconded by Councillor Cassidy, That the following motion be reconsidered:

 

“That it be recommended to Council that an encroachment for the existing parking pad on the Earn Street and Island Road boulevards adjacent to 630 Island Road be denied, and further, that the owners of 630 Island Road be required to remove the parking pad on Island Road and that they be advised that the District of Oak Bay reserves the right to remove the asphalt parking pad on Earn Street.”

 

CARRIED

 

The question on the motion to be reconsidered was then called.

 

CARRIED

 

LAND USE SECTION: (Chairman – Councillor Cassidy)

 

3.

2008-131

 

DIRECTOR OF BUILDING AND PLANNING, April 18, 2008

Re Development Variance Permit Application – 766 Oliver Street

 

Archie Willie, A. Willie Design, spoke on behalf of the homeowners, John and Bobbi Bartle-Clar, who wish to construct an addition on the main floor and a new second storey on their house, which requires variances to the gross floor area, occupiable height, building height, and setbacks as shown in the plans attached to correspondence item no. 2008-131.  Mr. Willie drew attention to the existing basement saying that it is under-height and cannot be developed as it is, and that in order to preserve the heritage character and current fit of the house with the streetscape, the homeowners would prefer not to raise it to gain more floor area.  

 

Mr. Willie noted that the existing porch and exterior stairs ‘gobble up’ a large amount of the allowable square footage of the home, leading to the requested floor area variance. 

 

Responding to various questions and comments from members of the Committee, Mr. Willie said that the applicants are requesting approximately 900 additional square feet (83.6 square metres) of living space, with no change to the existing footprint.

 

MOVED by Councillor Carson

Seconded by Councillor Copley, That a resolution authorizing the Director of Building and Planning to issue a development variance permit for 766 Oliver Street, in accordance with the plans attached to correspondence item no. 2008-131, be prepared and brought forward to Council for consideration.

 

CARRIED

 

COMMUNITY SERVICE SECTION:  (Chairman – Councillor Braithwaite)

 

4.

2008-112

OAK BAY CLIMATE CHANGE TASK FORCE, March 2008

Re Final Report – Recommendations to Reduce Greenhouse Gas Emissions in Oak BayOpportunity for Public Input

 

Councillor Braithwaite thanked the members of the Oak Bay Climate Change Task Force for their hard work and invited members of the public to come forward to share their views on the final report.

 

Rene de Vos, 2168 Guernsey Street, noting his association with the Oak Bay Green Committee, said he was very pleased to see the report completed, and in particular, he appreciated that many of the issues brought forward by the Oak Bay Green Committee were included in the report. 

 

Mr. de Vos said that since the formation of the Climate Change Task Force one year ago, new environmental issues have arisen and with that in mind he would encourage Council to move forward and take a leadership role, working on a regional basis with the Capital Regional District, while utilizing the environmentally-minded community groups willing to participate.

 

In terms of monitoring the actions being taken by the Municipality to reduce greenhouse gas emissions, Mr. de Vos felt that having a set point to assess its progress should be considered.

 

With respect to some of the recommendations contained in the report, the Municipal Administrator noted that staff are actively using them to guide their actions in day to day operations.  Mr. Cochrane said that it would be necessary to have dedicated resources in order for the municipality to carry out the recommendations as outlined in the final report and report back to Council in that regard, noting that there currently is no capacity to do that.  Mr. Cochrane also pointed out that the Province has introduced legislation that will require the Municipality to incorporate greenhouse gas reduction targets into its Official Community Plan, which will have an impact with respect to acquiring the capacity to establish baseline data in that regard.

 

Teresa Tallentire, 2032 Penzance Road, said it is a great report and she would like to see a climate change check list for residents to follow.  As well, Ms. Tallentire said she would like to see how the suggestions to harness geothermal and wind energy could be implemented.  Ms. Tallentire commented that with regard to power poles and recurring power outages, maintenance issues would be greatly reduced if the utility service wiring was buried underground.  

 

Michele Kirby, 2315 Dalhousie Street, said she would love to be permitted to house honey bees on her property, which is too small to allow it under the current regulations, noting that bees benefit food production and that urban agriculture should be encouraged as part of climate change.  Ms. Kirby suggested connecting younger residents with the physical ability, with older residents who may want share their gardening knowledge, to jointly produce vegetable gardens on land that may not be otherwise be utilized.  

 

Ms. Kirby felt that many of the current bylaws and the Official Community Plan should be reviewed and updated to be more in line with the climate change concerns and she would like to see more information on the website for residents to refer to.

 

Some members of the Committee reiterated that they would like to see what role the new Capital Regional District staff person will have in assisting Oak Bay with climate change initiatives, while other Members felt that the Municipality should lead the way in this regard.

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That correspondence item no. 2008-112 be received and that staff be guided by the principles of the report on their decisions with respect to the day to day operations of the Municipality.

 

CARRIED

 

Councillor Jensen drew attention to a motion he had proposed in the past for an anti-idling bylaw to be drafted, and requested that it be considered again at this time now that the Final Report of the Climate Change Task Force had been received, which contains a recommendation for such a bylaw.

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That staff be directed to draft an anti-idling bylaw, as recommended in the Climate Change Task Force Final Report, for consideration.

 

CARRIED

 

TRAFFIC SECTION (Continued):

 

5.

 

COUNCILLOR HERBERT

Re Proposed Bike Lanes Monterey Avenue between McNeill Avenue and Bowker Avenue

 

Councillor Herbert requested that in order to improve the safety of school routes, consideration should be given to including part time bike lanes along Monterey Avenue between Bowker Avenue and McNeill Avenue in response to the change in pedestrian, bicycle and vehicle traffic resulting from the reconfiguration of Monterey School to a middle school. 

 

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That staff be requested to bring forward a report with respect to the feasibility of adding part time bike lanes along Monterey Avenue between Bowker and McNeill Avenue.

CARRIED

 

ADJOURNMENT:

 

MOVED by Councillor Herbert

Seconded by Councillor Cassidy, That the meeting of Committee of the Whole be adjourned.

 

CARRIED

 

The meeting adjourned at 9:44 p.m.

 

 

Certified Correct:

 

 

 

 

Municipal Clerk

 

 

 

 

Chairman, Traffic Section

 

 

 

Chairman, Public Works Section

 

 

 

 

Chairman, Land Use Section

 

 

 

Chairman, Community Service Section