Regular Council Minutes

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1 The Corporation of e District of Nor Cowichan Regular Council Minutes of e meeting held at e Municipal Hall May 19, 1999 at 1:30 p.m. Present Mayor M. A. Murray, and Councillors G. Ridgway, B. Payne, S. McIvor, C. Cocks, and T. Walker Absent Also Present Councillor S. Seymour M. O. Ruttan, Clerk; J. S. Dias, Administrator; C. Hall, Planner; J. P. MacKay, P.Eng., Engineer 1. Agenda Approval Moved by Councillor Walker, seconded by Councillor Payne at Council approve e agenda, as amended, to include: 4.13 City of Duncan - permission to use portions of municipal streets 4.14 Orchard & Company - results of Bridies Restaurant referendum 4.15 Ministry of Forests - gypsy mo spraying Firefighter transportation Minutes of e May 13, 1999 Cowichan Community Centre Commission 10.1 Public Hearing date 10.2 Millennium grant - Chesterfield Sports Society 10.3 Millennium grant - Waterwheel Park 10.4 Donnay Drive and to delete: 4.8 Special Occasion Licence (Beer Garden) - Vancouver Island Minor Fast Pitch 2. Minutes Moved by Councillor Cocks, seconded by Councillor McIvor at Council adopt e minutes of e Regular Council meeting held May 5, at Council adopt e minutes of e Special Council meeting held May 7, Moved by Councillor Walker, seconded by Councillor Payne at Council adopt e minutes of e Special Council meeting held May 10, Page 1

2 May 19, 1999 Nor Cowichan Regular Council Minutes 3. Presentations &Delegation: Delegations Don Skerik, of e Cowichan Valley Stop Overhead Spraying (SOS) Citizens Group, 3261 Moorfield Road, argued against aerial spraying of Bacillus uringiensis toxin (Btk) to eradicate gypsy mos, as not necessary or effective, and a heal risk. He asked Council to pass a motion urging e Province to ban aerial spraying of Btk and declare Nor Cowichan to be a no-spraying zone. 4. Communications & Petitions Care-a-Van Services at Council support Care-a-Van Services application to e Motor Carrier Commission. (File: ) Chemainus Hospital Moved by Councillor Cocks, seconded by Councillor McIvor at Council send a letter of congratulations to e Chemainus Hospital Auxiliary on e occasion of its 100 anniversary, and ank e Auxiliary for e excellent work it does. (File: CHE) Petition: Moved by Councillor Walker, seconded by Councillor Payne Westridge Road Entrance at Council refer e petition from residents of Pinnacle and Westridge Roads regarding restricted vision at e entrance of Westridge Road, to e Public Works Committee for its consideration. (File: WES) Beer Garden Application Moved by Councillor Payne, seconded by Councillor Ridgway at Council approve Duncan Dinosaurs Slo-pitch Softball Club s application for a Special Occasion Licence (Beer Garden) on June 19 and 20, 1999, between e hours of 11:00 a.m. and 6:00 p.m., at e Crofton Ballfield, subject to Council policy. (File: ) Beer Garden Application Moved by Councillor Ridgway, seconded by Councillor Cocks at Council approve Moose Lodge s application for a Special Occasion Licence (Beer Garden) on June 12, 1999, between e hours of 12:00 noon and 6:00 p.m., during e Wake Board Competition on Quamichan Lake, subject to Council policy. (File: ) Page 2

3 Nor Cowichan Regular Council Minutes May 19, 1999 Beer Garden Application at Council approve Cowichan Therapeutic Riding Association s application for a Special Occasion Licence (Beer Garden) on June 19, 1999, between e hours of 7:30 p.m. and 12:00 midnight, at e Providence Farm Equestrian Centre, subject to Council policy. (File: ) Beer Garden Application at Council approve Cowichan Rugby Club s application for a Special Occasion Licence (Beer Garden) on July 24, 1999, between e hours of 1:00 p.m. and 8:00 p.m., during e Canadian Super League Rugby Final, being held at e Cowichan Rugby Club, subject to Council policy. (File: ) Walk-a-Thon Moved by Councillor Cocks, seconded by Councillor Payne 5. Committee Reports at Council permit e Friends of e Cowichan Theatre to use portions of municipal roads (James, Alderlea, Garden, Duncan, Canada) to hold a walka-on on May 30, 1999, from 10:30 a.m. to 12:30 p.m., to raise money for e Cowichan Theatre, subject to notification of e Sou End Fire Department, e RCMP, and ambulance service, and e provision of adequate traffic control during is event. (File: ) at Council receive and file correspondence not dealt wi by resolution. Accounts List No at Council approve payment of accounts on list No. 8 in e amount of $758, (File: ) Smoking Ban at Council advise Cowichan Valley School District No. 79 at it has no comments regarding e Board s request at local governments regulate e use of tobacco products in public places. (File: ) Page 3

4 May 19, 1999 Nor Cowichan Regular Council Minutes Canada Day Celebration Moved by Councillor Ridgway, seconded by Councillor Payne at Council support e Chesterfield Sports Society s application for funding from Canadian Heritage to organize a Canada Day Celebration at e Chesterfield Sports Complex. (File: ) Third Party Signage at Council advise e Friends of e Cowichan Theatre Society it has no objections to e placement of a temporary 4'x8' self-supporting Walk for Awareness sign on e Pioneer Park grounds facing e Trans Canada Highway. (File: ) Surplus Fire Equipment Moved by Councillor Payne, seconded by Councillor Ridgway at Council auorize an expenditure, not to exceed $1,000.00, to remove usable parts from e Sou End Hall s truck No. 13; AND FURTHER, at e remainder of e vehicle be disposed of for scrap value. (File: VEH) Log Sales Moved by Councillor Walker, seconded by Councillor Ridgway at Council accept Doman Forest Products tender, to purchase an estimated 3900 cubic metres of conifer pulp and saw logs at a weighted average price of $63.50 per cubic metre, effective May 19, 1999 to August 31, (File: ) Chemainus Daze Parade Moved by Councillor Ridgway, seconded by Councillor Cocks at Council auorize e Chemainus Rotary Club to use e Waterwheel Park parking lot and close various municipal streets for e Chemainus Daze Parade and events on Saturday, July 3, 1999, subject to coordination wi e RCMP, Fire Department and Ambulance Service. (File: ) Latecomer Agreement at Council auorize e Mayor and Clerk to execute excess or extended service agreements providing latecomer protection to e Cowichan Valley Regional District for e following projects: 1) Culvert replacements - Bings Creek $ 55, ) Drinkwater Road reconstruction $260, Page 4

5 Nor Cowichan Regular Council Minutes May 19, 1999 (File: ) Sherman Road Moved by Councillor Ridgway, seconded by Councillor Payne Crosswalk at Council auorize e installation of a crosswalk on Sherman Road, as shown on e plan prepared by e Engineering Department, dated May 12, (File: SHER) Fish Signs Moved by Councillor Ridgway, seconded by Councillor Payne at Council auorize e installation of Cowichan Valley Naturalists supplied signs stating Fish Bearing Stream at e following locations, all as shown on e plan prepared by e Engineering Department dated May 12, 1999: 1) Wesolme Road at Solly s Creek; 2) Wesolme Road at Bonsall Creek; and 3) Hidden Hills Road at Bonsall Creek tributary; AND FURTHER, at Council provide funding for e sign posts and bases for two of ese signs, estimated to cost $ (File: ) Watermain Extension at Council direct e Clerk to draft a local improvement bylaw and petition to extend e municipal watermain on Cowichan Lake Road, from e east boundary of Lot 1, Section 1, Range 3, Somenos District, and Section 20, Range 3, Quamichan District, bo of Plan 11309, 550 metres to e west boundary of Lot 9, Plan 4395 (3574 Cowichan Lake Road); AND FURTHER, at if a sufficient petition is received, Council include e benefitting properties in e Sou End water areas subject to each owner signing a specified area inclusion agreement. (File: COW) Duncan-Cowichan Moved by Councillor Ridgway, seconded by Councillor Payne Festival Parade at Council auorize e Duncan-Cowichan Festival Society to close portions of James Street on July 17, 1999, to hold e Summer Festival Parade, subject to coordination wi e RCMP, Fire Department, and Ambulance Service. (File: ) Development Moved by Councillor McIvor, seconded by Councillor Walker Variance Permit at Council issue a development variance permit to Lelyn Holdings Ltd. to reduce e side yard setback on interior lot lines from 3 metres to 2 metres, subject to a rezoning of e property from Commercial Recreational (C4) to Page 5

6 May 19, 1999 Nor Cowichan Regular Council Minutes Residential Rural (R1), at 6280 and 6305 Genoa Bay Road (Lot 1, Section 3, Range 5, Comiaken District, Plan Folio No ). (File: ) Development Moved by Councillor McIvor, seconded by Councillor Payne Variance Permit at Council issue a development variance permit to e Chemainus Quay and Marine Complex, to reduce e required number of parking spaces from 204 to 81, (portions of foreshore in Section 18, Ranges 5 and 6, Cowichan District - Folio No. - for a five-year period, following which Council will review e necessity for e developer to provide additional parking. (File: ) Rezoning Development Permit Trans Canada Trail at Council forward to public hearing Shirley Eva s application to rezone 8031 Vye Road (Lot 11, Section 20, Range 4, Comiaken District, Plan Folio No ) from Residential Rural zone (R1) to Residential One and Two-Family zone (R3). (File: ) Moved by Councillor McIvor, seconded by Councillor Ridgway at Council issue a development permit to Lefco Developments Ltd. on behalf of Sieglinde James, to construct a 300 square metre mixed use building at 9738 Victoria Street (Lot 24, Sections 16 and 17, Range 5, Chemainus District, Plan 213 [Except at Part in Plan 4666] - Folio No ), in accordance wi Drawings Nos. 1-3 (landscape plan, site plan, and building elevations), prepared by J. W. Lefebure, and upon receipt of a landscape bond in e amount of $1, (File: ) Moved by Councillor McIvor, seconded by Councillor Ridgway at Council endorse e proposed interim route for e Trans Canada Trail, and at e Cowichan Valley Regional District and e Provincial Land Use Coordination Office be so advised; AND FURTHER, at efforts continue to identify a permanent route less dependant upon local roads. (File: ) OCP and Rezoning Moved by Councillor Ridgway, seconded by Councillor Payne at Council forward to public hearing, MacBain Developments Ltd. s application to amend e Official Community Plan designation from Urban Page 6

7 Nor Cowichan Regular Council Minutes May 19, 1999 to Commercial, and rezone Oak Street (Lot A, Section 18, Range 5, Chemainus District, Plan VIP Folio No ) from Residential Multi-Family zone (R7) to Commercial General zone (C2). (File: ) NOT Subdivision at Council endorse CP Rail s proposal for its proposed subdivision on Lane Road (CP Rail). (File: ) Development Moved by Councillor McIvor, seconded by Councillor Payne Variance Permit at Council deny Alex DeMello s application for a development variance permit application at Eagle Ridge Terrace (Lot 26, Section 20, Range 2, Cowichan District, Plan VIP Folio No ), and refund e applicant s application fees. (File: ) Firefighter Moved by Councillor Walker, seconded by Councillor Payne Transportation at Council acknowledge at its volunteer fire chiefs on e Fire Prevention Committee fully support Council s request to e Worker s Compensation Branch (as set out in e Administrator s February 24, 1999 letter), for permission to continue to tailboard on fire trucks when necessary. (File: ) 6. Oer Reports 7. Publications Received 1. BC Senior Award The Salvation Army - We Believe 8. Bylaws Bylaw No Moved by Councillor McIvor, seconded by Councillor Ridgway at Council give leave to Councillor Cocks to introduce a bylaw to amend Zoning Bylaw 1997, No. 2950, and at Council give first reading to Zoning Amendment (No. 3- Eva) Bylaw 1999", No (File: ) Bylaw No Moved by Councillor McIvor, seconded by Councillor Payne at Council adopt Official Community Plan Amendment (No. 1 - Lelyn Holdings Ltd.) Bylaw 1999", No (File: ) Page 7

8 May 19, 1999 Nor Cowichan Regular Council Minutes Bylaw No Moved by Councillor Walker, seconded by Councillor Payne at Council adopt Zoning Amendment (No. 1 - Lelyn Holdings Ltd.) Bylaw 1999", No (File: ) 9. Unfinished Business 10. New Business Public Hearing at Council schedule a Public Hearing for Thursday, June 17, 1999, at 7:30 p.m. to consider amendments to Zoning Bylaw 1997", No. 2950, and Official Community Plan Bylaw 1987", No Millennium Grant Moved by Councillor McIvor, seconded by Councillor Payne at Council endorse e Chesterfield Sports Society s millennium grant application to complete e surfacing of its running track. (File: ) Millennium Grant Moved by Councillor Cocks, seconded by Councillor Payne at Council endorse e Arts and Business Council of Chemainus millennium funding application for projects at Waterwheel Park at are consistent wi e Municipality s concept plan for Waterwheel Park; subject to e Municipality approving final design details prior to any onsite work being undertaken, and evaluating e impact of e proposed playground equipment on e park; AND FURTHER, at Council advise e Arts and Business Council of Chemainus at Nor Cowichan is unable to provide financial assistance at is time. (File: ) Donnay Drive Dedication at Council dedicate part of Lot A, Plan 30198, Section 2, Range 3, Comiaken District, as road in order to extend Donnay Drive rough to Kingsview Road. (File: DON) Highway Landscaping at furer to Council resolution pf May 5, 1999, regarding e landscape plan after widening e Trans Canada Highway at Lot 3, Plan 12657, Chemainus District, Council approve e proposed plan subject to: 1) incorporation of a mix of trees 2.0 to 2.5 meters in height (20%); Page 8

9 Nor Cowichan Regular Council Minutes May 19, ) raising of base elevation as much as possible; 3) installing a green chain link fence, a minimum of four feet in height, along e rear of e property; and 4) e Ministry replacing plants at do not survive e first 24 mons. (File: MTH) 11. Notices of Motion Council gave notice at it intends to pass a motion to issue a development variance permit to Sandra Sudmant to relax Section 56(6)(b) of Zoning Bylaw No to permit a one metre side yard setback from e sou property line in order to construct a pool building at 6615 Chisholm Trail (Lot 12, Section 6, Range 5, Comiaken District, Plan Folio No ); AND FURTHER, at Council hold a public meeting on June 16, 1999 at 1:15 p.m. to receive public input on e proposed variance. (File No ) 12. Question Period 13. Adjournment There being no furer business, e meeting adjourned at 4:00 p.m. Certified Correct: M. O. Ruttan, Municipal Clerk M. A. Murray, Mayor Page 9

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