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									             THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER
                         REGULAR COUNCIL MINUTES
                      MUNICIPAL HALL COUNCIL CHAMBER
                            MONDAY, JULY 25, 2005



COUNCIL:
Mayor R.K. Wood, Councillors J.E. Clark, C.R. Day, V.G. Durman, E.J. Ferguson,
P. Goldsmith-Jones, and W.S. Soprovich.

STAFF:
D.C. Stuart, Chief Administrative Officer; S. Scholes, Municipal Clerk; E. Barth, Director
of Engineering and Transportation; R.A. Beauchamp, Director of Administrative
Services; R. Laing, Director of Finance; S. Nicholls, Director of Planning, Lands and
Permits; J. Chuback, Manager, Community Services; and L. Floyd, Deputy Municipal
Clerk.


1.        CALL TO ORDER
          The meeting was called to order at 7:05 pm.


2.        APPROVAL OF AGENDA
          MOVED by Soprovich, seconded by Goldsmith-Jones:
          THAT the agenda for July 25, 2005 be approved as circulated.
                                                                                 CARRIED


3.        ADOPTION OF MINUTES
3.1       Council Meeting Minutes, July 11, 2005
          MOVED by Clark, seconded by Ferguson
          THAT the Minutes of the Council Meeting held July 11, 2005 be corrected on
          page 10, in the second bullet after the word “created” to read “Health Region
          Addictions Steering Committee”;
          AND THAT the Minutes of the Council Meeting held July 11, 2005 be adopted as
          corrected.
                                                                             CARRIED

          Councillors Soprovich and Goldsmith-Jones declared a potential conflict of
          interest pertaining to Items 3.2, 4.1.1 and 4.1.2.

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7:07 pm
      Councillors Soprovich and Goldsmith-Jones left the meeting.


3.2       Reconvened Public Hearing, July 18, 2005
          MOVED by Day, seconded by Ferguson:
          THAT the Minutes of the Reconvened Public Hearing held July 18, 2005 be
          adopted.
                                                                              CARRIED
                            Councillors Soprovich and Goldsmith-Jones absent at the vote.


4.        REPORTS
4.1       Evelyn Drive Proposed Bylaws (File: 1010-20-04-004)
4.1.1 Official Community Plan Bylaw No. 4360, 2004 Amendment Bylaw No. 4439,
      2005 dealing with the Evelyn Drive Planning Area
      (File: 1610-20-4439 / 1010-20-04-004)
          MOVED by Ferguson, seconded by Durman:
          THAT Official Community Plan Bylaw No. 4360, 2004, Amendment Bylaw No.
          4439, 2005 be revised as shown on the “marked up version” and based upon the
          July 8, 2005 staff report.
                                                                                   CARRIED
                                                      Councillor Clark voted in the negative.
                              Councillors Soprovich and Goldsmith-Jones absent at the vote.

          MOVED by Ferguson, seconded by Durman:
          THAT Official Community Plan Bylaw No. 4360, 2004, Amendment Bylaw No.
          4439, 2005 as amended be read a second time.

          Members of Council commented relative to the subject bylaw including:
             the process for considering the Evelyn Drive redevelopment proposal;
             Council’s role in considering the project;
             discussions with the developer which resulted in reductions in height and
              buildable area;
             the Ministry of Transportation’s distant timelines for planning and
              consultation pertaining to improvements to the Taylor Way and Marine
              Drive intersection;
             consideration of the best solution for the Evelyn Drive area;
             community benefits;
             the consistency of the proposal with the framework and policies contained
              in the Official Community Plan (OCP) adopted in 2004, which supports
              multi-family and a density of up to 1 FAR for the Evelyn Drive area;
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               concerns that the community will be short changed if redevelopment of the
                Evelyn Drive area is not supported;
               Millennium’s agreement to work with the community to meet the needs
                and provide alternative forms of housing;
               staff efforts to prepare options for OCP amendments which would provide
                greater clarity for future development of the Evelyn Drive area;
               density and height restrictions;
               concerns expressed regarding view loss;
               concerns that although the “Spaxman Report” addressed some issues for
                planning the Evelyn Drive area, the study of Evelyn Drive, referenced in
                the 2004 OCP still needs to be done to fulfill what is suggested in the
                OCP;
               the lack of early neighbourhood involvement and input in the Millennium
                development proposal resulted in considerable time being wasted;
               the need to further refine the public involvement process to get
                neighbourhoods involved sooner;
               the need to take opposition to the development seriously and consider
                more creative ways of hillside development;
               the desire that Millennium will resubmit a proposal to Council following
                greater community and neighbourhood consultation;
               concerns that individual lots will be sold and redeveloped on a piecemeal
                basis in the Evelyn Drive area, to the maximum provided in the zoning
                bylaw, eliminating the opportunity to consider the area in a comprehensive
                planning manner; obtain community benefits and create an aesthetic
                gateway into the West Vancouver community.

          The question was then called on the motion.
                                                                             DEFEATED
                                         Councillors Clark and Day voted in the negative.
                           Councillors Soprovich and Goldsmith-Jones absent at the vote.


4.1.2 Zoning Bylaw No. 2200, 1968, Amendment Bylaw No. 4440, 2005 for certain
      lots in Evelyn Drive Planning Area (File: 1610-20-4440 / 1010-20-04-004)
          Item 4.1.2 was not considered.

7:59 pm
      Councillors Goldsmith-Jones and Soprovich returned to the meeting.




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4.2       DEVELOPMENT PERMIT APPLICATION NO. 05-003 (2138 / 2140 AND 2148
          ARGYLE AVENUE) – RECONVENED PUBLIC MEETING
          (File: 1010-20-05-003)


           Applicant:       Keith Hemphill, Rositch Hemphill and Associates Architects
           Affected
           Lands:           2138 / 2140 and 2148 Argyle Avenue
           Purpose:         The owners have applied for a 10 storey, 9 unit, multi-family
                            residential building with 29 parking spaces that complies with
                            Multiple Dwelling Zone RM1.
           Draft            To regulate and impose conditions respecting the form and
           Development      character of the development, including the siting, maximum
           Permit:          height, dimensions and general design.

          The Municipal Clerk noted that:
              on June 6, 2006 Council set the date for this Public Meeting, which
               commenced on July 4, 2005 and was adjourned to July 25;
              635 notices were mailed to owners and occupiers within 100 metres of the
               subject site on June 16, 2005;
              the Notice of Public Meeting was published in the North Shore News on
               June 26 and 29, 2005;
              29 written submissions have been received regarding the public meeting;
              a list of all submissions including any received this evening during the
               meeting will be listed in the record of the meeting;
              copies of the reports have been made available for viewing in the public
               information binder on the foyer table, in the Municipal Clerk’s Office, at the
               Memorial Library and on the municipal website; and
              during the meeting a timekeeper will note the 5 minute mark for speakers.

          The Director of Planning, Lands & Permits spoke relative to:
               issues raised at the July 4 Public Meeting, which are addressed in the July
                14, 2005 staff report; and
               design modifications made by the Architect to move the building four (4)
                feet to the north by rearrangement of the underground parking structure.

          The Municipal Clerk described the procedure for the reconvened meeting as
          follows:
          “The Reconvened Public Meeting is reconvened pursuant to the Development
          Procedures Bylaw to hear further submissions regarding Development Permit
          Application 05-003.
          All persons present who believe that their interest in property is affected by the
          proposed development will be given a reasonable opportunity to be heard and
          make representations, or to present written submissions respecting the
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          development permit application. Please sign the Speakers’ List if you wish to
          address Council.
          Members of Council may ask questions of you following your representation.
          The function of members during the meeting is to listen to the views of the public.
          It is not the function of Council at this time to debate the merits of the proposed
          development permit. Your only opportunity to comment on the permit will be
          during the public meeting as members of Council are not permitted to receive
          further submissions after the meeting has closed.
          Everyone will be given a reasonable opportunity to be heard at this meeting. No
          one will be discouraged or prevented from making his or her views heard.
          The District has received documents, which may be considered by Council and
          these are available for review and discussion from the Clerk during the Meeting.
          Written submissions received during the course of these proceedings will be
          added to the list so that everyone may examine them.
          The following rules of procedure have been established for the Reconvened
          Public Meeting:
          1.    A Speakers’ List has been established. Please ensure that you place your
                name is on the Speakers’ List if you wish to address Council. You may
                add your name to the list at any time. If you are speaking from prepared
                remarks, please leave a copy with the Municipal Clerk.
          2.    Please commence your remarks by stating your name and address. If you
                are speaking on behalf of some other person or organization, please
                identify the name of that person or organization you are representing.
                Each speaker is requested to limit their remarks to no more than 5
                minutes each time, subject to adding your name to the Speakers’ List
                again.
          3.    You must limit your comments to the matters contained in the
                Development Permit Application and not obstruct the Meeting. Council
                requests that all speakers be civil and respectful of others and ensure your
                comments address the specific issue being considered.
          4.    After everyone on the Speakers’ List has spoken once, speakers will be
                allowed supplementary presentations, if they have added their name to the
                list. You may not present a submission that you have already made.
          If you have any concerns with the manner in which the Public Meeting is
          conducted, please direct your comments to the Chairperson.”




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           Written submissions received for the July 04, 2005 Public Meeting and July 25,
          2005 Reconvened Public Meeting:

            Correspondence and Reports to Council Received to Date
                                                 CORRESPONDENCE       COUNCIL
                      NAME                                                            #
                                                        DATE        MEETING DATE
E. Van Epp                                      April 11, 2005      May 09, 2005     001
J. Cairns                                       April 29, 2005      May 30, 2005     002
“The Owners” Strata Plan VR93 – The Crescent
                                                April 25, 2005      May 09, 2005     003
Apartments 2135 Argyle Avenue
H. Addison                                      April 11, 2005      April 18, 2005   004
B. Bagley                                       March 23, 2005      April 11, 2005   005
S. Toporowski                                   June 21, 2005       July 04, 2005    006
S. Toporowski                                   June 21, 2005       July 04, 2005    007
J. Eccles                                       June 21, 2005       July 04, 2005    008
L. Doane                                        June 21, 2005       July 04, 2005    009
J. Renne                                        June 21, 2005       July 04, 2005    010
D. Hughes                                       June 21, 2005       July 04, 2005    011
M. Senkler                                      June 21, 2005       July 04, 2005    012
A. Evans                                        June 21, 2005       July 04, 2005    013
A. Carson                                       June 21, 2005       July 04, 2005    014
P. Botz                                         June 17, 2005       July 04, 2005    015
I. Hannahson                                    June 28, 2005       July 04, 2005    016
I. F. Haworth                                   June 29, 2005       July 04, 2005    017
E. Van Epp                                      June 28, 2005       July 04, 2005    018
D. McGauran                                     June 30, 2005       July 04, 2005    019
S. S. Murphy                                    June 28, 2005       July 04, 2005    020
R. Kennedy                                      June 30, 2005       July 04, 2005    021
C. Stenson                                      June 29, 2005       July 04, 2005    022
P. Saxvik                                       July 18, 2005       July 25, 2005    023
J. Marsh                                        July 18, 2005       July 25, 2005    024
M. Matzhold                                     July 15, 2005       July 25, 2005    025
P. Oeuvray                                      July 10, 2005       July 25, 2005    026
J. Smith                                        July 7, 2005        July 25, 2005    027
D. McAlister                                    July 7, 2005        July 25, 2005    028
Owners/residents of 2120 Argyle Avenue and
                                                July 8, 2005        July 25, 2005    029
2150-56 Argyle Avenue (10 signatures)
M. Alavi                                        Undated             July 25, 2005    030
P. Oeuvray                                      July 25, 2005       July 25, 2005    031
J. Smith                                        July 25, 2005       July 25, 2005    032
L. Doane                                        Undated             July 25, 2005    033

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                                                                     REPORTS TO COUNCIL
                                                          REPORT    COUNCIL MEETING
                         NAME                                                                #
                                                           DATE         DATE
                                                                                       001
Development Permit No. 05-003 (2138/2140 and 2148       April 27,
                                                                    May 09, 2005
Argyle Avenue)                                          2005                           Plans
                                                                                       Only
                                                                                       002
Development Permit Application for 2138/2140 and 2148   May 26,
                                                                    June 6, 2005
Argyle Avenue                                           2005                           Schedule
                                                                                       A Only
Further Report – 2138/40/48 Argyle Avenue –             July 14,
                                                                    July 25, 2005      003
Development Permit 05-003                               2005

          K. Hemphill (Rositch Hemphill and Associates Architects) described changes to
          address issues raised at the previous public meeting pertaining to:
               design and profile of the building;
               view blockage and provided illustrations showing shadowing on adjacent
                buildings and aerial views;
               roof design and roofing materials proposed which are not reflective to
                cause glare;
               siting of the building, its location relative to the property lines and adjacent
                buildings and setback increases;
               visitor parking which is dictated by the number of units in the development;
               objections to the water feature clarifying that it is a collection system for
                roof water; noting the height has been reduced and a specialist consulted
                to confirm its operation will be quiet;
               proximity of the project to the CN Rail line, noting CN Rail has no
                concerns pertaining to project siting; and
               displayed an aerial view of the building, illustrating design and property
                setbacks in comparison to adjacent buildings.

8:23 pm
      Councillor Day left the meeting.

          Discussion ensued relative to:
               the building setbacks which can be varied by the development permit; and
               the rationale for reducing the water feature height to reduce spray and
                noise.

8:28 pm
      Councillor Day returned to the meeting.

          R. Quigg (Quigg Group) spoke relative to the building location, the height of the
          proposed water feature and the site slope.

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          Discussion ensued relative to:
               designated handicap parking which is provided; and
               view analysis and view corridors.
          Mayor Wood then called for public input.

          P. Botz (2156 Argyle) spoke relative to:
                the incompatibility of tall buildings with the Seawall; and
                the building protrusion toward the Seawall which has no regard for
                 neighbour’s light or view.
          J. Smith (2120 Argyle) spoke relative to:
                 the purpose for the Public Meeting;
                 concerns the proposal does not meet the Ambleside Apartment
                  Guidelines, particularly with respect to minimizing view obstructions,
                  noting view obstructions which will be from her apartment; and
                 changes which should be done to provide an alternate design which would
                  meet the guidelines.
          A written submission was provided.
          P. Oeuvray (2120 Argyle) spoke relative to:
                 concerns that the proposal does not meet the Ambleside Apartment
                  Guidelines;
                 the need to minimize the proposed building’s obstruction of adjacent
                  buildings’ views;
                 excel spreadsheets which provide data calculations and analysis
                  pertaining to view angles, noting that the average view from the applicant’s
                  building is 203 degrees, while the two flanking buildings are less;
                 increasing setbacks for the proposed building further, to equalize the view
                  angles with the 2 flanking buildings; and
                 the need for the proposed building to have equal side yards to conform to
                  the zoning bylaw.
          A written submission was provided.
          J. Kincaid-Smith (5130 Pitcairn Place) spoke relative to:
                support for the proposed project;
                quality work of the Quigg group; and
                the need to provide housing alternatives in West Vancouver.
          L. Doane (2138 Argyle and on behalf of her mother at 2140 Argyle) spoke relative
          to:
               her intent to purchase units within the proposed building;
               OCP provisions for the subject area, with which the building would comply;
               the purpose of the OCP to provide guidelines for the benefit of the
                community;
               photos showing the impacts of 2120 Argyle on her views; and
               appreciation to Council for their efforts in considering recent
                developments.

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          A photograph submission was provided.
          P. Toporowski (2083 High Country Blvd., Kamloops and on behalf of
          S. Toporowski) spoke relative to:
                glare and shading of adjacent properties;
                compatability of the proposal with the Ambleside Apartment guidelines;
                 and
                encouraged Council to approve the development.
          R. Howard (2444 Bellevue) spoke relative to:
               support of the proposal;
               high quality of Quigg development projects; and
               commendations for the architect’s design and encouraged Council support
                the project.
          K. Hemphill responding to queries of Council provided clarification regarding:
               shadowing of the building to the east, taken from the common living areas,
                specifically within the living room space; and
               modifications to the building design to mitigate concerns expressed
                pertaining to view impacts.
          Mayor Wood then asked three times if there was anyone further wishing to
          address Council on the subject application. There was no response.

          MOVED by Durman, seconded by Clark:
          THAT all written and verbal submissions up to and including the Reconvened
          Public Meeting held on July 25, 2005 regarding Development Permit Application
          05-003 (2138 / 2140 and 2148 Argyle Avenue) be received.
                                                                               CARRIED

          MOVED by Durman, seconded by Goldsmith-Jones:
          THAT Development Permit Application No. 05-003 (2138 / 2140 and 2148 Argyle
          Avenue) Public Meeting input be closed.
                                                                            CARRIED

9:13 pm
      Councillor Clark left the meeting.




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4.3       Westport Road Beautification (File: 1785-03)
9:14 pm
      Councillor Clark returned to the meeting.

          R. Nieuwenburg (5359 Westhaven Wynd, Westport Residents Association) spoke
          relative to the subject report noting
                 appreciation to staff and Council for considering the Association’s
                  concerns;
                 support for the 2 options pertaining to 8.0m shared roadway from Marine
                  Drive to Northwood Drive in the amounts of $825,000 and $948,00
                  respectively;
                 queries pertaining to:
                        the style of curve proposed for the area adjacent to the school;
                        timing for paving of following completion of utility works underway.
          G. Andrishak (5630 Westport Road) spoke relative to:
               appreciation to Council for considering the concerns raised by the
                Residents’ Association;
               support for the option pertaining to 8.0m shared roadway from Marine
                Drive to Northwood Drive; and
               the possibility of phasing the project over the next couple of years,
                requesting that the asphalt sidewalk be implemented in 2005.
          W. Dowler (5666 Westport Road) spoke relative to:
              concerns pertaining to the quantity and speed of vehicles travelling along
               Westport Road;
              the section from Marine Drive to Westport Place;
              the road width to facilitate the addition of a bicycle lane; and
              advocating speed bumps to slow traffic.
          MOVED by Soprovich, seconded by Ferguson:
          THAT
          1.     Council receive the July 11, 2005 report from the Manager of Roads and
                 Transportation titled “Westport Road Beautification”.
          2.     Council direct staff to proceed with the planned 2005 capital program for
                 Westport Road including asphalt sidewalks and that further improvements
                 to Westport Road be considered as part of the 2006 – 2008 budgets.

          Discussion ensued relative to:
               clarification that cost savings from other projects would enable upgrading
                to asphalt sidewalks in the recommended option of $395,000 for an 8.0 m
                shared roadway with gravel sidewalks, Marine Drive to Westport Road;
               staff intentions to continue working with the Westport Road Resident
                Association in considering improvements for 2006-2008 budgets;
               staff providing cost estimates for the remainder of Westport Road, with
                possible priority for 2006.
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          The question was then called on the motion.
                                                                                 CARRIED


4.4       Residents Concerns: 4895-5295 Keith Road (Update) (File: 1050-20-03-012)
          MOVED by Day, seconded by Goldsmith-Jones:
          THAT the July 25, 2005 report of the Land Development Engineer Re: “Residents
          Concerns: 4895-5295 Keith Road (Update)” be received.
                                                                              CARRIED


4.5       Request for Playground Funding at Ecole Cedardale (School)
          (File: 2135-06)
          D. Leavers (Parks Manager) spoke relative to the subject report noting the 2005
          playground capital funds were expended.
          Discussion ensued relative to:
               the 33% cap set out in Council’s Municipal Capital Funding of School
                Playgrounds policy;
               possibility of funding the equipment from reserves in 2005.
          MOVED by Clark, seconded by Goldsmith-Jones:
          THAT Council direct that the Parks Department fund playground improvements at
          Ecole Cedardale in the amount of $17,373 from reserves in 2005.
                                                                              CARRIED


4.6       Youth Competition & Recognition Fund
          Applications from Mikyla Kay and Maya Yuki Yamaguchi (File: 0920-03)
          MOVED by Day, seconded by Soprovich:
          THAT Mikyla Kay and Maya Yuki Yamaguchi, soccer players for the British
          Columbia Soccer Association U14 Girls Provincial Soccer team each be granted
          $150.00 toward the travel cost of their national and international competitions.
                                                                                 CARRIED


4.7       Community Wildfire Protection Plans – Group Application for Funding
          (File: 1520-20-WUIF1)
          D. Trussler (Fire Chief) spoke relative to the subject report.




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          MOVED by Ferguson, seconded by Day:
          THAT Council authorize Fire & Rescue staff in conjunction with the Community
          Forester to proceed with a Wildfire Risk Assessment and Community Protection
          Plan for the District of West Vancouver, conditional on the approval of funding
          from the Union of British Columbia Municipalities (UBCM).
                                                                                   CARRIED

At 9:56 pm in noting the hour, it was:

          MOVED by Clark, seconded by Soprovich:
          THAT the meeting be extended to close of business.
                                                                CARRIED UNANIMOUSLY


4.8       Confirmation of New Drawings - 3390 Radcliffe Avenue
          (File: 1010-20-04-002)
          MOVED by Soprovich, seconded by Goldsmith-Jones:
          THAT
          1.     Development Variance Permit 04-002 be amended to require the issuance
                 of a Building Permit by November 30, 2005.
          2.     Development Variance Permit 04-002 be amended to substitute the
                 drawings attached as Appendix B to the report titled “Confirmation of new
                 drawings - 3390 Radcliffe Avenue,” dated July 15, 2005 from the Assistant
                 Planner, for the existing Development Variance Permit drawings.
          Discussion ensued relative to clarification that the adjacent homeowners were
          advised of the proposed changes in the roofline.
          S. Negus (3390 Radcliffe Avenue, owner) responding to Council queries
          confirmed that adjacent homeowners were aware of and supported the changes
          proposed for property setbacks and roofline.
          The question was then called on the motion.
                                                                                 CARRIED


4.9       Development Variance Permit No. 05-006 (Clovelly Walk)
          (File: 1010-20-05-006)
          MOVED by Goldsmith-Jones, seconded by Clark:
          THAT the Municipal Clerk give notice that Development Variance Permit
          Application No. 05-006 (4640 Clovelly Walk), which would provide for a future
          subdivision of one lot into three, with variances to Lots 1 and 3 to allow for
          panhandle configurations, will be considered at the meeting of Council on
          Monday, September 19, 2005.

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          Staff was requested to confirm that the walkabout of Clovelly neighbourhood had
          been completed.

          The question was then called on the motion.
                                                                                 CARRIED

10:07 pm
      Councillor Day left the meeting.


4.10      West Vancouver Community Centre Funding and Timeline (File: 3002-04)
          MOVED by Durman, seconded by Ferguson:
          THAT
          1.     Architectural design and scope for the Civic Site Community Centre, as
                 described in the May 2, 2005 report to Council from the Sports and
                 Recreation Facilities Planning Committee titled re Civic Site Community
                 Centre – Project Authorization, be approved for construction.
          2.     The transition plan for existing recreation programs, as presented at the
                 June 20, 2005 meeting of Council, be approved for inclusion in the project.
          3.     The project budgets are approved as follows:
                 Community Centre components with design costs to date             $ 22.9 M
                 Health Authority leased space                                     $ 7.8 M
                 Other lease spaces - youth band,
                  rehabilitation services and café                                 $ 2.7 M
                 Public Water Fountain Feature                                     $  .7 M
                 Contingency Allowances                                            $ 5.6 M

          4.     Funding of the Community Centre portion be provided from a combination
                 of sources as described in the July 20, 2005 report from the Chair, Sport
                 and Recreation Facilities Planning Committee, titled “Civic Site
                 Community Centre – Funding and Timeline”
          5.     Funding of the lease spaces be provided through long term debt and
                 payback.
          6.     Staff be instructed to bring forward the Amended 5 Year Financial Plan
                 Bylaw, incorporating the project costs and funding sources as described
                 herein, for consideration by Council at its September 12, 2005 Regular
                 Meeting.

10:14 pm
      Councillor Day returned to the meeting.




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          Discussion ensued relative to:
               work underway to provide alternate venues for recreation programs during
                the interim construction period;
               timing for construction commencement in the Fall of 2005 and completion
                in 2007; and
               rationale for the sequential tendering proposed for the project.

          B. Davis (Project Manager) provided comparisons of the fixed tendering and the
          sequential tendering processes, noting benefits and risks of each.

          The question was then called on the motion.
                                                                                    CARRIED


4.11      Traffic and Parking Bylaw 4370, 2004 Amendment Bylaw 4445, 2005
          (File: 1610-20-4445)
          MOVED by Goldsmith-Jones, seconded by Ferguson:
          THAT “Traffic and Parking Bylaw 4370, 2004 Amendment Bylaw 4445, 2005” be
          introduced and read a first, second and third time.
                                                                                    CARRIED


4.12      Fire Protection and Emergency Response Bylaw No. 4366, 2004,
          Amendment Bylaw No. 4446, 2005 (Fireworks) (File: 1610-20-4446)
          M. Ernst (Captain, Fire Prevention Officer) provided a summary of the
          amendments proposed in the subject bylaw.
          Discussion ensued relative to:
               prohibiting fireworks purchases on the internet in the proposed bylaw;
               consistent approaches by the three North Shore municipalities to regulate
                fireworks; and
               ticketing provisions for bylaw offences in the proposed bylaw.

10:33 pm
      Councillor Day left the meeting.

          J. Rielly (1495 Esquimalt Avenue, B.E.M. Fireworks) spoke relative to:
                 attendance at the Fire Chiefs’ convention in Vernon and subsequent
                  discussions regarding:
                        inappropriate handling of fireworks and resulting personal injuries;
                        retailer responsibility to complete forms with the fireworks
                         purchaser;
                 the preference that all lower mainland municipalities adopt identical
                  “fireworks” bylaws so that there is regulatory consistency; and
                 encouraged Council support the proposed bylaw.
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          MOVED by Clark, seconded by Soprovich:
          THAT “Fire Protection and Emergency Response Bylaw No. 4366, 2004,
          Amendment Bylaw No. 4446, 2005” be introduced and read a first, second and
          third time.
                                                                              CARRIED
                                                     Councillor Day absent at the vote.


4.13      General Local Elections Regulation Bylaw No. 4447, 2005
          (File: 1610-20-4447)
          MOVED by Ferguson, seconded by Durman:
          THAT
          1.     S. Scholes, Municipal Clerk, be appointed Chief Election Officer, and
                 S. Hayhurst, Election Coordinator, be appointed Deputy Chief Election
                 Officer, in accordance with s. 41(1) of the Local Government Act; and
          2.     The Chief Election Officer be authorized to enter into service agreements
                 as may be necessary in respect of the 2005 local government elections,
                 with School District 45, Bowen Island Municipality, Village of Lions Bay
                 and the Greater Vancouver Regional District.
                                                                                    CARRIED
                                                          Councillor Day absent at the vote.

          MOVED by Ferguson, seconded by Soprovich:
          THAT “General Local Elections Regulation Bylaw No. 4447, 2005” be introduced
          and read a first, second and third time.
                                                                              CARRIED
                                                       Councillor Day absent at the vote.


4.14      Zoning Bylaw No. 2200, 1968, Amendment Bylaw No. 4408, 2004 and
          Development Permit No. 04-015 for property at 6390 Bay Street
          (File: 1010-20-04-015/1610-20-4408)
          Staff was requested to clarify if use of the ground floor for residential purposes
          would be permitted in the proposed development.

          MOVED by Durman, seconded by Clark:
          THAT consideration of Zoning Bylaw No. 2200, 1968, Amendment Bylaw No.
          4408, 2004 and Development Permit No. 04-015 for property at 6390 Bay Street
          be deferred to July 28, 2005.
                                                                                   CARRIED
                                                  Councillor Soprovich voted in the negative.
                                                           Councillor Day absent at the vote.
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5.        BYLAWS
5.1       2004 Annual Budget Amendment Bylaw No. 4442, 2005 (File: 1610-20-4442)
          MOVED by Durman, seconded by Ferguson:
          THAT “2004 Annual Budget Amendment Bylaw No. 4442, 2005” be adopted.
                                                                               CARRIED
                                                        Councillor Day absent at the vote.


5.2       Endowment Fund Expenditure Bylaw No. 4443, 2005 (File: 1610-20-4443)
          MOVED by Soprovich, seconded by Goldsmith-Jones:
          THAT “Endowment Fund Expenditure Bylaw No. 4443, 2005” be adopted.
                                                                               CARRIED
                                                        Councillor Day absent at the vote.



5.3       Youth Activity Reserve Fund Expenditure Bylaw No. 4444, 2005
          (File: 1610-20-4444)
          MOVED by Clark, seconded by Soprovich:
          THAT “Youth Activity Reserve Fund Expenditure Bylaw No. 4444, 2005” be
          adopted.
                                                                              CARRIED
                                                       Councillor Day absent at the vote.


6.        REPORTS FROM MAYOR AND COUNCILLORS
          Councillor Soprovich reported on his attendance at the opening ceremonies for
          the Gleneagles Adventure Park and Public Safety Building.
          Councillor Clark reported on his attendance at the Canada Day Committee
          wrap-up meeting and commended staff for the repaving and landscaping work on
          15th Street.
          MOVED by Durman, seconded by Ferguson:
          THAT the verbal reports from Councillors Soprovich and Clark be received.
                                                                               CARRIED
                                                        Councillor Day absent at the vote.




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7.        OTHER ITEMS
7.1       Correspondence
          MOVED by Ferguson, seconded by Soprovich:
          THAT
          1.      Correspondence items 7.1.1(a) to 7.1.14 be received for information; and
          2.      Correspondence items 7.1.15 to 7.1.17 be approved for action as
                  indicated.

          No Action Required (receipt only)
          7.1.1      Committee and Board Meeting Minutes
                     (a)       Finance Advisory Committee, April 20, 2005
                               (File: 0115-20-FACO2-01)
                     (b)       West Vancouver Police Board, May 26, 2005,
                               (File: 2905-03)
                     (c)       North Shore Family Court and Youth Justice Committee,
                               February 17, 2005 (File: 0115-20-NSFC1-01)
                     (d)       North Shore Family Court and Youth Justice Committee,
                               January 20, 2005 (File: 0115-20-NSFC1-01)
                     (e)       North Shore Family Court and Youth Justice Committee,
                               April 21, 2005 (File: 0115-20-NSFC1-01)
                     (f)       Design Advisory Committee Minutes, May 12, 2005
                               (File: 0115-20-DACO1)
                     (g)       Design Advisory Committee Minutes, May 26, 2005
                               (File: 0115-20-DACO1)
          7.1.2      F. Isaac, Councillor, Lower Mainland Municipal Association (LMMA),
                     July 05, 2005, regarding LMMA Name Change (File: 0055-20-LMMA1)
          7.1.3      N. Hastie, President and CEO, Encorp Pacific (Canada), June 23,
                     2005, regarding annual report for 2004 (File: 1776-01)
          7.1.4      M. Johnston and Light Rail Committee, July 11, 2005, regarding “Metro
                     Madness the RAV Big Dig Begins!” (File: 3200-01/0185-39-06)
          7.1.5      E. Black, Health Information Officer, Office of the Medical Health
                     Officer, North Shore/Coast Garibaldi Health Services, Vancouver
                     Coastal Health, June 20, 2005, regarding North Shore Community
                     Health Profile 2005 Errata (File: 0180-15)
          7.1.6      M. Donas, July 08, 2005, regarding Park Royal Shopping Centre –
                     New Development Area (File: 0200-20-PRSC1/1610-01)
          7.1.7      C. Lee, Corporate Secretary, Translink, July 08, 2005, regarding
                     Transit Capacity Study (File: 0185-39-06)

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          7.1.8     W. D. Thorneloe, Vice President Development, British Pacific
                    Properties Limited, July 11, 2005, regarding Rodgers Creek Area
                    Development Plan (File: 1010-20-04-17)
          7.1.9     B. Penner, Minister, Ministry of Environment, July 12, 2005, regarding
                    Streamside Protection Regulation (File: 1015-05/0175-01)
          7.1.10    J. Rielly, B.E.M. Fireworks, July 12, 2005, regarding Fireworks Bylaw
                    (File: 2795-07)
          7.1.11    J. Cuthbert, July 14, 2005, regarding July 14 Red-legged Frog/Bald
                    Eagle Vancouver Sun article (File: 0175-20-TRAN3-03)
          7.1.12    E. G. Wiens, July 05, 2005, regarding safe ways to deal with people
                    (File: 2910-01)
          7.1.13    E. Pearce, President West Vancouver Police Association, July 14,
                    2005, regarding West Vancouver Police Association Annual Golf
                    Tournament (File: 0050-06)
          7.1.14    Airline Industry Monitoring (AIM) Consortium of British Columbia, July
                    14, 2005, regarding British Columbia update (File: 0055-01)
          Action Required
          7.1.15    P. Hunter, Secretary, North Shore Veterans’ Council, Undated,
                    regarding Victory over Japan Day (File: 0100-01)
                    Referred to Director of Parks and Community Services for
                    consideration and response.
          7.1.16    G. Foster, July 12, 2005, regarding 2005 Halloween Fireworks
                    (File: 2795-07)
                    Referred to Director of Parks and Community Services for
                    consideration and response.
          7.1.17    L. & C. Esplen, July 13, 2005, regarding Board of Variance Hearing
                    Agenda – July 20, 2005 Application #05-032 (6437 Nelson Avenue)
                    (File: 2310-20-05-032)
                    Referred to Municipal Clerk for consideration and response.
          Discussion ensued relative to Items 7.1.8 and 7.1.9.

          Staff was requested to provide a report regarding the changes in zoning and the
          impacts on the community benefits policy, as part of the Rogers Creek report.

          The question was then called on the motion.
                                                                                CARRIED
                                                         Councillor Day absent at the vote.




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9.        PUBLIC QUESTIONS AND COMMENTS

          C. Reynolds extended an invitation to Council to attend the 6th Annual
          RoyalTea-by-the-Sea on July 30th in Dundarave Park.

          B. McArthur (6345 Nelson Avenue) queried:
               the disposition, process and timeline for the sale of Firehall #2 in
                Horseshoe Bay; and
               community benefits.


10.       ADJOURNMENT
          MOVED by Durman, seconded by Clark:
          THAT the Meeting of Council of July 25, 2005 be adjourned. (11:01 pm)
                                                                                  CARRIED
                                                           Councillor Day absent at the vote.


Certified Correct:



MAYOR



MUNICIPAL CLERK




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