COMMITTEE of the WHOLE MEETING Monday, November 4, 2019 at 6:00 PM Council Chambers 3300 Wishart Road, Colwood, BC
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CITY OF COLWOOD NOTICE OF COMMITTEE OF THE WHOLE MEETING Monday, November 4, 2019 at 6:00 PM Council Chambers 3300 Wishart Road, Colwood, BC Colwood City Council is a safe place where every person is to be treated with respect. Verbal abuse, bullying, or threats of any kind will result in removal from City Hall. Approved By: Director of Corporate Services A G E N D A as Amended "We acknowledge we are meeting on the shared traditional lands of the Coast Salish People" Page 1. CALL TO ORDER 2. APPROVAL OF THE AGENDA 2.1. Committee-of-the-Whole Agenda - November 4, 2019 3. ADOPTION OF THE MINUTES 3.1. Committee-of-the-Whole - October 21, 2019 5 - 7 4. PUBLIC PARTICIPATION Comments pertaining to a matter that has been the subject of a Public Hearing are prohibited where the bylaws have not been presented for adoption. The Public will also be provided an opportunity to speak to each item of business on the Agenda as it is introduced. 5. NEW BUSINESS 5.1. Deanna Eden, Intermediate Engineering Technologist 9 - 21 3159 Antrobus Crescent - License of Occupation Agreement RECOMMENDATION THAT the report titled "3159 Antrobus Crescent - License of Occupation Agreement" be received; Page 1 of 38 Monday, November 4, 2019 - Committee of the Whole - Agenda Page THAT it be recommended to Council: THAT a "License of Occupation" Agreement be approved for the owners of 3159 Antrobus Crescent for landscape improvements within the City boulevard. 5.2. Richard Buchan, Planning Technician 23 - 38 Business License Bylaw RECOMMENDATION THAT it be recommended to Council: THAT staff prepare a new business license bylaw to replace the existing Colwood Business Licence Bylaw No. 1617 to; • Include wording in the draft business license bylaw to exempt "Taxis" and "Ride Hailing Services" from requiring a municipal business license on the basis that these services are already licensed and heavily regulated by the Passenger Transportation Board. • Include fees in the Business License Bylaw for License Transfers and License Updates; and, • Include licensing options for business enabled under a temporary use permit. AND THAT staff prepare an inter-community business license bylaw to provide a licensing option for Colwood residents to qualify for and Inter-Community (Vancouver Island Wide) mobile business license; AND FURTHER THAT staff draft a policy to promote transparency and ensure greater consistency with the B.C. Community Charter with respect to license refusals, suspensions, and cancellations. Council may also wish to consider the following directions: THAT all or some of the license fees be updated to improve cost recovery. 6. FINAL PUBLIC PARTICIPATION Comments pertaining to a matter that has been the subject of a Public Page 2 of 38 Monday, November 4, 2019 - Committee of the Whole - Agenda Page Hearing are prohibited where the bylaws have not been presented for adoption. 7. NEXT MEETING 7.1. The next meeting of the Committee-of-the-Whole is scheduled to be held Monday, November 18, 2019. 8. ADJOURNMENT This Notice is posted in accordance with "Council/Committee Procedure Bylaw No. 754, 2004" and the Community Charter. Page 3 of 38 Page 4 of 38 CITY OF COLWOOD MINUTES OF COMMITTEE OF THE WHOLE MEETING Monday, October 21, 2019 at 6:00 PM Council Chambers 3300 Wishart Road, Colwood, BC Colwood City Council is a safe place where every person is to be treated with respect. Verbal abuse, bullying, or threats of any kind will result in removal from City Hall. PRESENT Chair Acting Mayor Dean Jantzen Councillors Cynthia Day Gordie Logan Michael Baxter Stewart Parkinson REGRETS Mayor Rob Martin Councillor Doug Kobayashi ATTENDING Director of Corporate Services Selina Williams Director of Finance Christopher Paine Recording Secretary Amanda Irving CALL TO ORDER Acting Mayor Jantzen called the meeting to order at 6:01 pm and acknowledged that we are meeting on the shared traditional lands of the Coast Salish People. APPROVAL OF THE AGENDA Committee-of-the-Whole Agenda - October 21, 2019 MOVED BY: COUNCILLOR LOGAN THAT the Agenda of the October 21, 2019 Committee-of-the-Whole be adopted as presented. CARRIED 3.1. Page 5 of 38 Minutes of Committee of the Whole Meeting - Monday, October 21, 2019 Page 2 of 3 ADOPTION OF THE MINUTES Committee-of-the-Whole - September 16, 2019 MOVED BY: COUNCILLOR DAY THAT the minutes of the Committee-of-the-Whole meeting held September 16, 2019 be adopted. CARRIED PUBLIC PARTICIPATION No members of the public came forward to speak. NEW BUSINESS Third Quarter Budget Report 2019 Christopher Paine, Director of Finance, provided an overview of the Third Quarter Budget Report 2019 regarding year-to-date financial information and full year financial forecasts. MOVED BY: COUNCILLOR DAY That the Third Quarter Budget Report 2019 dated October 21, 2019 be received. CARRIED MOVED BY: COUNCILLOR LOGAN THAT it be recommended to Council: THAT an additional $35,000 be allocated to the Bus Stop Improvement Capital Project and be funded from the Gas Tax Reserve. CARRIED Committee asked that staff bring forward a briefing to Council regarding Bus Stop Improvement Project cost overruns. 3.1. Page 6 of 38 Minutes of Committee of the Whole Meeting - Monday, October 21, 2019 Page 3 of 3 2020 Budget Approach Christopher Paine, Director of Finance, provided an overview of the 2020 Budget Approach report regarding details of a recommended approach to financial planning for the City and new spending requests that were not anticipated in the 2019 financial plan. MOVED BY: COUNCILLOR LOGAN THAT the Committee recommend to Council: THAT the 2020 budget approach be endorsed. CARRIED FINAL PUBLIC PARTICIPATION No members of the public came forward to speak. NEXT MEETING The next meeting of the Committee-of-the-Whole is scheduled to be held Monday, November 4, 2019. ADJOURNMENT MOVED BY: COUNCILLOR LOGAN THAT the meeting be adjourned at 7:10 PM. CARRIED APPROVED and CONFIRMED CERTIFIED CORRECT 3.1. Page 7 of 38 Page 8 of 38 STAFF REPORT To: Committee-of-the-Whole Date: November 4, 2019 From: Intermediate Engineering Technologist RE: 3159 Antrobus Crescent-License of Occupation Agreement File: 4560-20 RECOMMENDATION THAT the report titled "3159 Antrobus Crescent-License of Occupation Agreement" be received; THAT it be recommended to Council : THAT a " License of Occupation" Agreement be approved for the owners of 3159 Antrobus Crescent for landscape improvements within the City boulevard. SUMMARY AND PURPOSE In June 2019 the City approved and issued a right of way permit to residents at 3159 Antrobus Crescent for landscape improvements within City boulevard fronting their property. Direction to staff and the residents was that a License of Occupation Agreement would need to be prepared and approved for these improvements as they encroach onto the City right of way and will require the owner to continue to maintain and be responsible for the encroachment over time. The purpose of this report is to seek Councils approval for a License of Occupation Agreement. BACKGROUND On June 13, 2019 staff were made aware that residents at 3159 Antrobus Crescent were working within the City boulevard without approval by the City. Residents were notified that they require approval via right of way permit to work within and alter the City boulevard. Residents complied immediately and made application and paid the fees for a right of way permit to complete their proposed works which included landscape blocks to retain the existing garden from several years ago, some new plants and river rock within the remainder of the boulevard between the concrete curb and landscape blocks. Photos attached as Appendix 1. On June 17, 2019 the City approved and issued a right of way permit for these works on the basis that a License of Occupation Agreement would be prepared and considered by Council which includes clauses regarding maintenance responsibility and liability protection against all claims to the City. Copy of the License of Occupation Agreement is attached for information as Appendix 2. OPTIONS 1. Council could deny the approval of a License of Occupation Agreement and direct staff to contact the residents to remove all works within the City boulevard and reinstate with soil/seed at the owner's expense. 2. Council could approve the License of Occupation Agreement. COMMUNICATIONS The owner of 3159 Antrobus Crescent will be notified of the Committee and Council meeting dates and times and will be informed of the final decision by Council via email. 5.1. City of Colwood 3300 W ishart Road Victoria, BC V9C lRl P: 250 478 5999 F: 250 478 7516 Web: www.co lwoodPage.ca 9 of 38 3159 Antrobus Crescent-License of Occupation Agreement Page 2of2 FINANCIAL CONSIDERATION There are no immediate costs to the City of Colwood as all costs would have been or would be borne by the property owners of 3159 Antrobus Crescent. If/when the City is required to install infrastructure at this location then all costs to remove would be at the City's expense which would be approximately $800.00. On October 21, 2019 all Managers and Directors of the City were provided an opportunity to review and provide feedback. Intermediate Engineering Technologist ADMINISTRATORS COMMENTS: I have read the report and endorse the recommendation // RobertbL(_ I/ Chief Admir:i1strative Officer Attachments: APPENDIX 1: photos APPENDIX 2: License of Occupation Agreement 5.1. Page 10 of 38 Page 2 of2 Complete boulevard improvements at 3159 Antrobus Crescent DSCF9736.JPG 5.1. Page 11 of 38 DSCF9737.JPG Complete boulevard improvements at 3159 Antrobus Crescent DSCF9739.JPG 5.1. Page 12 of 38 DSCF9738.JPG LICENCE OF OCCUPATION THIS AGREEMENT made the day of 2019. BETWEEN: THE CITY OF COLWOOD 3300 Wishart Road Colwood, BC V9C 1R1 (the "City") OF THE FIRST PART AND: Lawrence Charles Surges Hilary Anne Michelle Mackey 3159 Antrobus Crescent Colwood, BC V9B 5M6 (the "Owner") OF THE SECOND PART WHEREAS: A.