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Regular Council Meeting June 23, 2008

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1) Development Variance Permits Approved
After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permits (DVP) #191 and #194.

DVP #191 varies the maximum parcel coverage, the minimum side yard setback and maximum eave projection requirements to facilitate the construction of an addition to the existing single detached dwelling which is proposed to include a studio and attached garage at 152 – 4A Avenue.

DVP #194 varies the requirement for the minimum side yard and rear yard setbacks to facilitate the construction of an addition including covered stairs to the existing single detached dwelling at 891- 8th Avenue.

2) Contribution Pledged for Amphitheatre
Mr. Frank Lento provided Council with an overview of the outdoor activity/playground project which will be built on the Isabella Dicken Elementary School property at the corner of 13th Street and 2nd Avenue. He explained that there is now an excellent opportunity to incorporate a 2800 square foot outdoor amphitheatre to the plan for an additional $58,500. He informed Council that $30,000 has already been committed by the School District and the Strengthening the Connection Program and asked Council to pledge a maximum of $28,000 toward the project so that it could proceed.

Mr. Lento stated that he would continue his fundraising efforts for the $28,000 and any funds received would offset the City’s contribution. Council agreed to a financial commitment not to exceed $28,000 to be paid from the 2009 Operating Budget and that this commitment will be referred to the 2009 budget deliberations to determine a funding source, if necessary. The amphitheater could be completed as early as July 15th.

3) Annual Municipal Report Approved
The City of Fernie 2008 Annual Report was approved by Council following opportunity for comment on the report from the public. The Community Charter requires Council to prepare an annual report, make it available for public inspection, include financial statements, provide tax exemption information, report on the previous year’s municipal services and operations, provide a progress report on municipal objectives and measures for the previous year, provide a statement of objectives and the measures used to determine progress for the next year and to provide any other information Council considers advisable.

Public accountability and decision-making are enhanced by way of providing public access to the Annual Municipal Report. The City’s strategic objectives, targets and measures for 2008 are included in the report which can be viewed in its entirety on the City’s website at www.fernie.ca under the “quick links” heading.

4) Canada Day Beer Garden Approved
The Elk Valley/South Country Health Care Coalition requested Council’s support for their Special Occasion Liquor Licence application and for permission to use the Prentice Park Lions Pavillion with the intention of serving beer, coolers and ciders from 11:00 a.m. to 10:00 p.m. on Tuesday, July 1, 2008 – Canada Day. The plan is to host a beer garden for the public with all funds raised being donated toward the restoration of the heritage section of St. Margaret’s Cemetery. Council provided its support as requested.

5) Revenue Borrowing Bylaw Adopted
In order to provide funds to continue the regular operations of the municipality such as payroll, contracts and accounts payable for goods and services, Council may, by Bylaw, borrow the necessary funds to meet these expenditures prior to receiving tax revenues which are due by July 2, 2008. Any amount borrowed is repaid when taxes of the current year, or unpaid from the previous years, are collected.

Borrowing for this purpose is limited to the value of the taxes in the current year, which is deemed to be 75% of all taxes levied for all purposes in the preceding year. The maximum amount that could be borrowed as established in the Bylaw is $2.5 million - well within the established limit which remains at the same amount as preceding years. The Bylaw is passed annually to ensure funds would be available if required, however is rarely used. The Bylaw received first three readings on June 9th and was adopted at the June 23rd Council meeting.

6) Lift Station Pump Contract Awarded
Council awarded the Main Lift Station Pump Upgrade Contract to Labey Mechanical at the price of $194,237 for one of the components to the City’s Waste Water Treatment Plant Expansion project which is an upgrade to two of the pumps at the Main Lift Station. In 2007, the budget for the pumps was set at $168,000.

Two quotes on the project were received – one from TDH Fluid Systems Inc. and one from Labey Mechanical – and both were higher than the budgeted amount. As a result, the style of the pump was changed which resulted in a price reduction of $33,000, bringing the revised price of the pump upgrades to $194,237. Although this price is still over budget, the additional costs will be covered either through current borrowing or through sewer reserves, if needed.

7) Land Use Bylaw Applications Proceeding
In the first of several approvals needed to adopt the proposed amending Bylaws, Council approved Belay Enterprises Ltd.’s application to amend the City of Fernie Official Community Plan (OCP) Bylaw and Zoning Bylaw which applies to a 49 hectare parcel located south of Mt. Fernie Park Road and Anderson Road and east of Mt. Fernie Provincial Park. The subject parcel was recently annexed into the City of Fernie and for regulatory land use purposes has interim Regional District of East Kootenay (RDEK) zoning of RR-60 – Rural Resource which permits “single family dwelling”, “two family dwelling” and “agricultural use” among other uses.

The OCP Bylaw is proposed to be amended by designating the area of the subject parcel that is planned for residential development as “Residential Mixed Density” and the area that is to be retained as open space or conservation area as “Natural Open Space”. The area proposed to be designated as “Natural Open Space” represents a minimum of 50% of the gross site area.

Zoning Bylaw No. 1750 is proposed to be amended by inserting a “Comprehensive Development Four Zone,” the purpose of which is to provide for the development of the residential units that include one or more land use designations and dedication of a significant natural open space or conservation area based on a comprehensive development plan. The proposed housing diversity is consistent with a “Housing” objective in the OCP which encourages a spectrum of residential dwelling types, locations and densities. If the Bylaws are eventually adopted, a total of 265 residential units could be built on the site.

City staff have now been authorized to prepare the OCP and Zoning amendment Bylaws and to initiate a referral process in order to provide the opportunity for numerous agencies and adjacent property owners to comment on the proposed Bylaw amendments, prior to the required statutory public hearing on the matter.

8) Community Eco Garden Expanding
Ms. Dawn Deydey with the Community Eco Garden provided Council with an overview of the garden project since its conception in 2003. She further described the proposed expansion plans and provided a summary of several proposed gardening-related workshops.

Ms. Deydey noted that Federal Government grants have been received in the amount of $25,000 and that a website is being created to provide additional information (www.ecogarden.ca). She said that the Eco Garden is seeking continued city support with issues such as signage, electricity, expanded water system, fruit trees, improved fencing, a green house and additional garden beds. Council directed staff to work with Ms. Deydey regarding the Eco Garden’s requests. Ms. Deydey

Regular Council Meeting June 9, 2008

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1) Development Variance Permits Approved
After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permits (DVP) #182, #183, #186 and #192.

DVP #182 varies the requirement for the addition of 5 new parking spaces to 0 parking spaces for an interior maximum capacity increase of 13 patrons for the Fernie Hotel located at 182 – 691 1st Avenue. The number of existing parking spaces will remain the same.

DVP #183 varies the requirement for the addition of 12 new parking spaces to 0 parking spaces for the addition of a 36-seat outdoor patio for the Fernie Hotel located at 691 1st Avenue. The number of existing parking spaces will remain the same.

DVP #186 for the Brickhouse located at 401-2nd Avenue, varies the requirement for the addition of 5 new parking spaces to 0 parking spaces for the addition of a 13-seat sidewalk patio. The number of existing parking spaces will remain the same.

DVP #192 varies the minimum rear yard setback requirement for a secondary detached dwelling unit including a detached garage for the property located at 962- 8th Avenue.

2) Fernie Hotel Liquor Licence Approved
After receiving written comments from residents and providing an opportunity for oral comments on the Fernie Hotel’s Liquor Licence amendment application, Council approved support for the application with one important modification. The applicant requested support for a 13 person capacity increase for the interior of the hotel as well as the addition of a 36-seat outdoor patio on the north end of the building. Council supports both requests but supports liquor service being available on the patio only until 10:00 p.m. rather than 2:00 a.m. as the applicant requested. The final decision on the Licence amendment rests with the Liquor Control and Licensing Branch.

3) Arts Station Painting Contract Awarded
After advertising for “Request for Quotations” and receiving three submissions, Council awarded the Arts Station painting contract to Natural Surroundings Construction and Design for the tendered price of $62,365 exclusive of GST as well as refinishing the 2nd storey shingles and window sills for $15,997, inclusive of GST. Funds for the work are allocated in the 2008 budget. Work should commence soon, depending on weather, and should be completed over the summer.

4) Brickhouse Outdoor Patio Approved
After receiving written and oral submissions from the public at a meeting held June 2nd, Council has recommended issuance of a Liquor Primary Licence amendment for the Brickhouse located at 401 2nd Avenue which will allow for the addition of a 13-seat outdoor seasonal patio with opening hours of 11:30 am to 10:00 pm. The final decision on the Licence amendment rests with the Liquor Control and Licensing Branch.

5) Local Election Officers Appointed
After advertising for “Request for Quotations” to manage the November 15, 2008 local election on behalf of the City of Fernie, one submission was received. The submission is within the $12,000 budget allotted for this purpose. Consequently, Council appointed Ms. Leanne Jensen as Chief Election Officer and Ms. Gail Vallance as Deputy Chief Election Officer for the 2008 local election.

6) Fire Protection Bylaw Adopted
Council adopted Fernie Rural Fire Protection Services Authorization Bylaw No. 2075, 2008 which authorizes the City to provide rural fire protection services to specified rural areas in the Fernie area as detailed in the Fernie Rural Fire Protection Agreement between the City of Fernie and the Regional District of East Kootenay. The services to be provided include fire suppression, rescue services and medical first responder services.

7) CBT Funding Recommendations
At the Columbia Basin Trust (CBT) Community Input meeting held May 28th, approximately 20 short verbal presentations from various community-based organizations were made to Council members present, in support of their respective requests for Columbia Basin Trust funds for 2008. A total of $58,768.49 - almost three times the amount awarded last year - was recommended to be awarded to the organizations. Council endorsed the recommendations which will be forwarded to the Regional District of East Kootenay for further endorsement. Groups that are awarded funds can expect to receive the money by August.

8) Public Invited to June 24th Open House
An open house to elicit public feedback on the Integrated Community Sustainability Scoping Planning Assessment report prepared by Urban Systems will be held on June 24, 2008 at the Senior’s Drop-In Centre across from City Hall beginning at 7:00 pm.

The intent of the community assessment is to identify areas of sustainability successes in Fernie, to determine areas where the City should enhance their policies and to identify possible integration opportunities. The main recommendation of the assessment is that the City should initiate an update to Fernie’s Official Community Plan from a sustainability perspective. The other primary recommendation is that the City should initiate a Community Energy Plan in order to address the commitment made by the City to be carbon neutral by 2012 (Climate Action Charter). Everyone is welcome and encouraged to attend.