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Regular Council Meeting November 10, 2008

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Central Hotel – 301 2nd Avenue
The operators of the Central Hotel submitted applications to the (LCLB) to request an extension to their hours of liquor service for their existing food-primary and liquor-primary licenses.

Council held a hearing after providing notice on November 10th to receive comments from residents regarding the applications from the Central Hotel.
The request put forward for both food-primary and liquor-primary was to amend the hours of liquor service from:

Monday – Saturday      Noon – 2:00 am
Sunday                       11:00 am – midnight

To:                    Monday – Sunday      9:00 am to 2:00 am

Council took into consideration the concerns of the residents voiced verbally and the regulatory criteria, submissions via email, and a written letter. A motion was adopted to recommend to the (LCLB) the following hours of liquor service operation for the Central Hotel to:
Food Primary License: 10:30 am –2:00 am      Monday – Saturday
10:30 am – midnight    Sunday

Liquor Primary License:10:30 am – 2:00 am    Monday –Saturday
10:30 am – midnight   Sunday
Council will forward detailed resolutions supporting the amended hours of service for the licenses to the LCLB.

Appointment of Municipal Auditor
Section 169 of the Community Charter states that Council must appoint an auditor for the municipality.  At the November 10 Regular Meeting, Council appointed GPI Chartered Accountants as the city’s municipal auditor for the years ending December 31, 2008 through to December 31, 2012.  GPI Chartered Accountants have significant municipal experience and were the successful bidder in the RFP for municipal audit services.

Fernie and District Arts Station – Request to sublet a Portion of the Arts Station

Council approved the request from the Fernie and District Arts Station to sublet the restaurant and kitchen area on the main floor and the restaurant storage area in the basement of the Arts Station to The Blue Toque Diner for the purpose of a restaurant/diner/caterer for a two year term from November 2, 2008 to and including October 31, 2010.

Community Health Promotion Fund

Council resolved to support the grant application to the Union of British Columbia Municipalities “Community Health Promotion Fund” for the development of an ‘Active Transportation Plan’ (Trails Master Plan).  This plan would put emphasis on standardizing trail maintenance and construction and provide information on how best to expand and connect our current trails

Aquatic Center – Evaluation for possible conversion from chlorine to salt water system

Mrs. Fern Marriott approached the City of Fernie and offered to pay for an Aquatic Facilities Assessment Report.

Council accepted Mrs. Marriott’s generous offer to donate $5,000 to put towards the initial consultation/evaluation report to be done by Mr. Roland Guy, VP and CEO of Service Plus Aquatics Inc and directed the Director of Leisure Services to accept the donation with thanks and have the Director of Leisure Services negotiate a contract with Service Plus Aquatics Inc. to do the aquatic centre assessment report.  The report will assess the pools mechanical and water treatment systems, operational maintenance and air handling systems.  The goal is to improve water and air quality and consider a change to a ‘salt water’ sanitation program to replace the current chlorine sanitation.

Bylaws

Bylaw No. 2025 Official Community Plan Bylaw No. 1923, Amendment Bylaw No. 9, 2005 for a Portion of Lot 1, District Lot 4589, Kootenay District Plan NEP64864 except Plans NEP65011 and NEP66454 and Portion of Lot A, 4589 Kootenay District Plan NEP62408.  Applicant: Bulova Resort Developments.  Location: lands adjacent to Whitetail and Slalom Drives.

Bylaw No. 2083 cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 87, 2008 for Lot A, District Lot 4589, Kootenay District Plan NEP62408 Portion of Lot 1, District Lot 4589, Kootenay District Plan NEP64864 except Plans NEP65011 and NEP66454.  Applicant: Abugov Kaspar, Bruce Abugov.  Location: lands adjacent to Whitetail and Slalom Drives.

Council withdrew the motions to adopt and grant third reading to Bylaw No. 2025 and the motion to grant third reading to Bylaw No. 2083 and directed staff to work with the applicant to address building height and density issues, and further to eliminate the tourist accommodation from the list of permitted uses and to reschedule another public hearing at no cost to the applicant for advertising, notices and other associated costs.

Regular Council Meeting October 27, 2008

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Development Variance Permits issued:

1)    Development Variance Permit for 1591 10th Avenue to vary the off-street parking spaces from 41 parking spaces to 19 spaces to facilitate the construction of eight dwelling units located above the first storey of the building.

2)    Development Variance Permit for 1562 12th Avenue to vary the maximum parcel coverage to facilitate the construction of a roof enclosure over the front entrance way and a roof enclosure over the rear patio area on the existing single detached dwelling.

3)    Development Variance Permit for 1241 3rd Avenue to vary the minimum rear and side yard setbacks as well as the minimum residential unit size to facilitate the conversion of the existing detached garage with an attached covered veranda into a secondary detached dwelling.
Royal Canadian Legion – Remembrance Day Ceremony

Council approved the following requests from the Royal Canadian Legion for the Remembrance Day Ceremony:
➢    To authorize The Royal Canadian Legion Branch No. 36 to hold a parade to the Cenotaph on November 11, 2008;

➢    To allow the Branch to hold a Poppy Campaign commencing on Friday, October 31, 2008 until November 11, 2008; and

➢    To observe ‘Veterans’ Week’, the week immediately preceding Remembrance Day and allow the Official Poppy Flag to be flown at City Hall for the duration of Veteran’s week.

Every year on November 11, Canadians pause for a moment of silence for the men and women who have served our country. Many have given their lives so that we may live in peace.  Take a moment on Tuesday, November 11 to remember and be thankful for what you have.
Elk Valley Regional Airport Service Establishment Bylaw

Council considered the request put forth by the Regional District of East Kootenay to consent to the adoption of Bylaw No. 2104 cited as “Regional District of East Kootenay – Elk Valley Regional Airport Service Establishment Bylaw No. 2104, 2008. The RDEK would like to convert the existing function, granted by issuance of supplementary letters patent, to a ‘service’ and need to adopt a bylaw to authorize that.
Council indicated their support for conversion of the Elk Valley Airport function to a service, but would not support a service establishment bylaw with a requisition maximum greater than $0.04 / $1000 of taxable assessment of land and improvements. The RDEK had proposed in the draft bylaw that the requisition maximum be set at $0.10/$1000 of taxable land and improvements.
Bylaw No. 2078, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 85, 2008 is a text amendment to Zoning Bylaw No 1750 by adding “in addition to the permitted uses herein on Lots 4 & 5, Block 128, District Lot 4588, Kootenay1561 10th Avenue only, eight dwelling units located above the first storey of the building.” This bylaw received Third Reading and has been forwarded to the Ministry of Transportation for approval prior to Council consideration of adoption.
Bylaw No. 2080 cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 86, 2008 will amend the Zoning Bylaw by adding the following to Section 4.2.11 CS-1 Service Commercial Zone, Subsection .2 Permitted Uses: “.21 in addition to the permitted uses herein at 17 Ktunaxa Road only, one dwelling unit.”
Having a dwelling unit on the property will hopefully make the area safer from vandalism due to the presence of residents living in the area.  This bylaw received Third Reading and has been forwarded to the Ministry of Transportation for approval prior to Council consideration of adoption.

Bylaw No. 2086, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 89, 2008 will amend the Zoning Bylaw 1750 by  rezoning a 667 square metre (0.07 hectare) single family lot from R1- Single Family Residential to R1B- Single Detached Plus Residential to facilitate the conversion of the existing detached garage with an attached covered veranda into a secondary detached dwelling.  This bylaw received Third Reading and has been forwarded to the Ministry of Transportation for approval prior to Council consideration of adoption.
Bylaw No. 2025 cited as Official Community Plan Bylaw No. 1923 Amendment Bylaw No. 9, 2005 to re-designate 0.36 hectares (0.88 acres) of land legally described as a portion of Lot 1, District Lot 4589, Kootenay District Plan NEP64864 except Plans NEP65011 and NEP66454 and a Portion of Lot A, District Lot 4589, Kootenay District Plan NEP62408 (the BC Hydro transmission line right of way adjacent to Whitetail Drive) from Transportation and Utility Corridor to Residential Mixed Density was adopted.
Bylaw No. 2083, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 87, 2008 to rezone 0.29 hectares of land legally described as a portion of Lot 1, District Lot 4589, Kootenay District Plan NEP64864 except Plans NEP65011 and NEP66454 from P-2 Parks and Open Spaces zone to CD-3 Comprehensive Development Zone and to rezone 1.74 hectares of land from R-4 High Density Residential to CD-3 Comprehensive Development
October 14 & 27, 2008 Regular Council Meetings

Three Zone (subject properties adjacent to Whitetail and Slalom Drives). The Bylaw, if adopted, would allow a comprehensive

Residential development consisting of condominium type units and townhouses subject to a housing agreement for those townhouse units (4).
A motion was made to grant third reading to the bylaw.

That motion was tabled pending receipt of legal advice regarding what impact, if any, Councillor Burke’s stated conversation with Senior’s at a tea regarding Bylaws No. 2025 and 2083 after the close of the Public Hearing on October 20, 2008.
School Trustee elected by acclamation

City Council received correspondence from the Chief Election Officer for the triennial general local government elections advising that Mr. Frank Lento of Fernie was declared elected by acclamation to the office of Trustee for School District No. 5 (Southeast Kootenay), Electoral Area 1 for a three year term commencing in December 2008.

Regular Council Meeting October 14, 2008

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Council adopted a new Snow Removal – Windrow Clearing Policy

The main objective behind this policy is to reduce the burden for residents who are 65 years and older or those residents who are physically disabled and unable to move the snow windrow for themselves.
Some of the Criteria that must be met in order to be eligible to qualify for this service include:

No person must reside in the property under the age of 65 who is able and physically capable of removing the windrow. Any resident of the home under 65 must complete Part C of the application form which must certified by their physician;
1)    Residents applying for assistance due to physical disability will be required to have their physician complete and endorse Part C of the form with their initial application only; and
2)    The residence must be the applicant’s principle residence.

Residents who are eligible to have the windrows cleared by the City can expect that at some point during the course of the day or evening the windrow will be moved or substantially reduced as operational requirements permit.

Clearing of windrows will only be done during normal operational hours; overtime will not be expended solely for the purpose of clearing the windrows.

In no case will the City clear the snow from the driveway or snow pushed from the driveway into the windrow.  Windrows clearing will not be carried out when only plow trucks are dispatched for street clearing.

This is a brief overview of the policy, for a complete copy of the Policy and Windrow Clearing Assistance Application form please visit our website at www.fernie.ca or stop by City Hall and pick up an application.

Ambulance Paramedics of British Columbia

The October 7, 2008 letter from the Ambulance Paramedics of British Columbia re: provision of acceptable level of service for proper wages was reviewed by Council.  An invitation to the local Ambulance attendants to attend an upcoming Committee of the Whole meeting has been extended on behalf of Council to discuss the concerns the paramedics have in supplying proper service in the Elk Valley and South Country.

Further to this, Council has extended an invitation to Mr. Larry Jackson; Executive Director for BC Ambulance to attend an upcoming Committee of the Whole Meeting to provide an overview of the BC Ambulance Service and the proposed plans and changes to ensure adequate care and service to the citizens of British Columbia.

Regular Council Meeting September 29, 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 the following Development Variance Permits:

➢    Development Variance No. 202 – 641 10th Avenue which legalizes the siting of the existing single detached dwelling, varies the minimum side and front yard setbacks for a proposed addition only and increases the maximum projection for an open porch and sundeck and facilitates the subdivision of Lot 2, and Amended Lot 3 (See 1677201) Block 68, District Lot 4588, Kootenay District Plan 734A.

➢    Development Variance No. 204 for 621 7th Avenue which varies the maximum projection into the required minimum front yard setback to enable the construction of a second storey sundeck covered by a mansard roof element.

2)    Greenhouse Gas Emission Reduction Plan

In the spring of 2007, the City of Fernie joined Partners for Climate Protection – a program facilitated by the Federation of Canadian Municipalities to guide municipalities through the development of a Greenhouse Gas emissions reduction plan.

Ms. Megan Walsh on behalf of Wildsight and the City of Fernie was in attendance and provided Council with an overview of a draft document that details the total greenhouse gas emissions created by City of Fernie operations. This draft document will form the basis from which an Implementation Report is compiled which will recommend a series of cost effective Greenhouse Gas reduction initiatives for the City to implement to reach their greenhouse gas reduction targets.
Council approved the inventory and authorized Ms. Walsh to forward the findings to the Federation of Canadian Municipalities.

3)    Central Hotel – Application to Extend Hours of Liquor Service for Existing Food-Primary and Liquor Primary Liquor Licenses

The Central Hotel has applied to the Liquor Control and Licensing Branch (LCLB) to extend the hours of liquor service for their Food-Primary Liquor License as well their Liquor-Primary License.
Currently the Food Primary and the Liquor Primary operate from:
Monday – Saturday     Noon – 2:00 am
Sunday                 11:00 am – midnight

Proposed new Hours for both the Food Primary and Liquor Primary would be:
Monday – Sunday     9:00 am – 2:00 am

Council authorized the process to move forward.
The City will deliver notices to occupants and mail a notice to registered owners within an area surrounding the Hotel determined by Council that provides details of the application.  The applicant will post a 2’ x 3’ professionally prepared sign at the main entrance of the premises for at least 30 days advising the public of the application. The City will place an ad in two consecutive editions of the Free Press inviting interested citizens to provide their views to Council prior to a Hearing to be held on Monday, November 3, 2008 at 7:00 p.m. At the Hearing, Council will consider the views of the residents and the potential for noise and impact on the community and provide a resolution to the Liquor Control and Licensing Branch that comments on the application.

4)       Bylaws

➢    Bylaw No. 2078 cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 85, 2008 a text amendment to add a permitted use to the list of permitted uses in the CS-1 Service Commercial Zone to allow eight dwelling units located above the first storey of the building at 1561 10th Avenue only received First and Second Reading and will be referred to a Public Hearing to be held on Monday, October 27, 2008 at 5:30 pm to receive input from the public with regards to the proposed zoning amendment.

➢    Bylaw No. 2080, cited as Zoning Bylaw No 1750, Amendment Bylaw No. 86, 2008 a text amendment for 17 Ktunaxa Road to add a permitted use to the list of permitted uses in the CS-1 Commercial Zone to allow one dwelling unit at 17 Ktunaxa Road only received First and Second Reading and will be referred to a Public Hearing to be held on Monday, October 27, 2008 at 5:30 pm to receive input from the    public with regards to the proposed zoning amendment.

➢    Bylaw No. 2086, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 89, 2008 to rezone 1241 3rd Avenue from R1 – Single Family Residential to R1B – Single Detached Plus Residential received First and Second Reading and will be referred to a Public Hearing to be held on Monday, October 27, 2008 at 5:30 pm to receive input form the public with regards to the proposed zoning amendment.

5)    Letter of Understanding - Between the City of Fernie, Fernie Chamber of Commerce, the Rocky Mountain Grizzly Centre and the Derrick Society

Council signed a Letter of Understanding with the Fernie Chamber of Commerce, the Rocky Mountain Grizzly Centre and The Derrick Society to support cooperation between the four parties in their common goal to produce a home, long term or short for the Rocky Mountain Grizzly Center as well as an upgraded Derrick display and a reinvigorated Visitor Information Center at the eastern entrance to the City.

Regular Council Meeting September 11, 2008

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1) Development Variance Permit Approved
After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permit (DVP) #203.

DVP #203 legalizes the siting of the existing principal building to facilitate the construction of a second storey balcony to the existing single detached dwelling located at 302 4th Avenue.

2) Idle Free Fernie One Step Closer
After receiving an informative presentation from Idle Free Ambassador Ms. Natasha Ewing, Council directed that staff work with Ms. Ewing to research the possibility of implementing an idle free policy for the City of Fernie. The Idle Free Ambassador Program is coordinated by the Ministry of Environment and is aimed at reducing air pollution generated from idling vehicles.

Ms. Ewing provided Council with information outlining the steps needed to create an “Idle Free Fernie” campaign
and provided some background data to demonstrate the need of such a program. The information was developed in partnership with Wildsight and the “Zero Waste Team” at Fernie Secondary School who have already created Idle Free Zones at the High School, City Hall and the Aquatic Centre.

3) Child Care Needs Assessment Survey Supported
Ms. Trish Luke, the Fernie Early Child Care Development Coordinator gave Council a presentation on the need for the Elk Valley Child Care Needs Assessment study and requested a $4000 grant toward the project. The project will gather data by way of a comprehensive Child Care Needs Assessment Survey which will help community groups better understand the amount and types of child care needed in the Elk Valley.

The paper, mail-in survey which is being managed by the Canadian Research firm Ipsos Reid, will begin circulating in mid-September and will be available at select locations throughout the Elk Valley. A report on Fernie’s Child Care needs is expected by December, 2008. The project is supported by the District of Elkford, District of Sparwood, the Elkford, Sparwood and Fernie Early Childhood Development Teams, Children First, Elk Valley Coal, Columbia Basin Trust and Regional District Electoral Area “A.”  City Council approved a contribution of $4000 as requested. For more information please call Trish Luke, Fernie ECD Coordinator at 423-4894 or by email at dtluke@telus.net

4)    New Leisure Services Bylaw Proceeding
City Council gave first, second and third reading to a new Leisure Services User Regulation and Fees Bylaw. The new Bylaw will replace the existing Bylaw and was written largely in response to rising wage, utility and insurance costs. The previous user fee adjustment occurred in 2004 and amounted to about 25 cents per person, per facility use.

A survey of recreation and facility user fees of other communities in the East Kootenay was conducted to identify admission rates and was previously provided to Council. It was felt that an average adjustment of 15% would help offset a portion of rising costs, assist with cost recovery and help meet the targeted operating deficit while keeping Fernie’s recreation admission and facility use rates competitive with other communities.

Other highlights of the new Bylaw include the inclusion of swimming lessons in Schedule A fees, the addition of the Curling Club to Schedule A and the addition of the Curling Club to Schedule C, the Facility Use Agreement. The Bylaw is expected to be presented to Council for consideration of adoption at the September 29th 7:00 p.m. Regular Council meeting.

5) Zoning Bylaw 2064 approved
After holding a Public Hearing on September 3rd during a Special Meeting in which the Bylaw received third reading (followed by approval from the Ministry of Transportation), Council adopted Zoning Amendment Bylaw No. 80, 2008. The Bylaw applies to a 49 hectare parcel of land annexed into the City of Fernie in 2007 which is located just off Highway No. 3 adjacent to Mount Fernie Park Road.

The Bylaw creates a new Comprehensive Development (CD-4) zone that will allow up to 265 single-family, duplex and multiple family residential units to be constructed. The Bylaw also provides for the dedication of a significant natural open space or “conservation area” based on a comprehensive development plan. Please contact City Hall at 250-423-6817 if you are interested in more information.

6) Mayor Announces Election Intentions
Mayor Randal Macnair announced his intention to run for the position of City Councillor during the November 15, 2008 General Local Election for the City of Fernie. He stated that he looks forward to having the opportunity to continue serving the people of Fernie as a member of City Council.

Regular Council Meeting August 25, 2008

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1) Development Variance Permit Approved
After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permit (DVP) #201.

DVP #201 legalizes the siting of the existing single detached dwelling and varies the maximum parcel coverage permitted to facilitate the construction of an addition and a sundeck including a side yard walkway only, to the existing single detached dwelling at 1271 – 2nd Avenue.

2) FAR Picnic in the Park Approved
Fernie Alpine Resort (FAR) was given Council approval to hold their annual company picnic in James White Park on Sunday, September 14, 2008. Though Council does not play a direct role in the Special Occasion Liquor Licence approval process for this private event, their permission to use a city park for such an event is required. Liquor service will be restricted to an enclosed 50’ x 50’ area.

3) Taste of Fernie Event Approved
City Council provided its support for the Taste of Fernie Organizing Committee’s two applications for Special Occasion Liquor Licences for Friday, September 12th from 6:30 to 9:30 p.m. and Saturday, September 13, 2008 from 12:00 noon until 10:00 p.m. and granted the Committee permission to use CP Station Square on both days for the purpose of operating an alcoholic beverage garden. Earlier in the meeting Mr. Kevin McIsaac of the Organizing Committee gave Council a brief overview of this year’s event and thanked Council for their support of this annual community event.

4) Proposed Golf Course Bylaw Amendment Applications Approved
City Council approved the applications to amend the City of Fernie Official Community Plan (OCP) and Zoning Bylaws submitted by Mr. Reto Barrington of Glen Park Management as part of the proposed Coal Creek Golf Resort Community development. The approval authorizes staff to prepare the OCP and Zoning amendment bylaws. The OCP is proposed to be amended by designating certain lands recently annexed into the City as Special Policy Area. Other land located east of Pine Avenue and to the north of Whitetail Drive is proposed to be redesignated from Natural Open Space to Special Policy Area, land designated Residential Mixed Density located to the east of Pine Avenue and to the south of Whitetail Drive as well as land located to the south of Castle Mountain Road is proposed to be redesignated to Special Policy Area. In addition, the BC Hydro Transmission line that is designated as Transportation and Utility Corridor is proposed to be relocated north of Coal Creek Road. The proposed OCP amendment also includes some text amendments and revision of some OCP Schedules.

Zoning Bylaw No. 1750 is proposed to be amended to clarify concepts and to define permitted uses of specific areas of the CD-1 – Comprehensive Development One Zone. No dates have yet been set but both proposed Bylaws will be subject to a public hearing prior to third reading. Please watch the City of Fernie page in the Free Press Newspaper and the City’s website for details.

5) Purchase of Max Turyk School Proceeding
Council gave first, second and third reading to Bylaws No. 2081 and No. 2082, both of which are financial bylaws necessary to move the City’s efforts to purchase the Max Turyk School site forward. The City has offered $800,000 to School District No. 5 for the property. The offer to purchase must now be approved by the School District’s Board of Trustees.

In anticipation of that happening, City of Fernie Bylaw No. 2081 amends the Five Year Financial Plan Bylaw to reflect the $800,000 expenditure while Bylaw No. 2082 allows $300,000 from the Land Development Reserve Fund to be withdrawn and put toward the $800,000 purchase. The other $500,000 will come from unallocated operating reserves. If the School District approves the purchase, the facility will be used for a wide variety of community purposes including a much needed childcare facility.

6) Development Cost Charge Bylaw Moves Forward
Council gave first, second and third reading to Development Cost Charge Bylaw No. 2079, 2008 which will replace the existing Development Cost Charge (DCC) Bylaw which was adopted in June, 2004. As a result of increased infrastructure construction costs, developer contributions to DCC reserves were found to be insufficient to fund the portion of planned infrastructure projects deemed by Council to be attributable to development.

DCCs are intended to provide a method to finance growth-related water, sanitary sewer, transportation, storm water and parks capital projects The new Bylaw reflects revised estimates for infrastructure projects based on current construction rates. The Bylaw must receive approval of the Inspector of Municipalities before Council can adopt it. For more information or a copy of the draft Bylaw, please contact Larry Randle, Director of Corporate Administration Services at 423-2231.

REgular Council Meeting August 11, 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) #195, #196, #198, #199 and #200.

DVP #195 legalizes the siting of the existing dwelling and varies the minimum front yard setback to facilitate the construction of a deck and stairs onto the single detached dwelling and varies the minimum side yard accessory building setbacks to facilitate the construction of a shed at 922 - 4th Avenue.

DVP #196 legalizes the siting of the existing backyard shed and varies the minimum side yard setback along the north property line to facilitate the construction of a proposed attached carport on the north side of the single family dwelling at 189 Ridgemont Lane.

DVP #198 legalizes the siting of the existing dwelling and varies the maximum permitted parcel coverage from 40% to 48% to facilitate the addition of two sundecks to the multiple family dwelling (fourplex) located at 1422- 9th Avenue.

DVP #199 legalizes the siting of the existing single detached dwelling located at 762 - 5th Avenue.

DVP #200 legalizes the siting of the existing single detached dwelling and the height of the existing front yard screening / fencing enclosure and varies the maximum parcel coverage, the minimum front, side and rear yard setbacks and the maximum eave and step projection to facilitate the construction of a front enclosed addition and a side open porch to the existing single detached dwelling at 602A - 4th Avenue.

2) City Hall Roof Replacement to Proceed
With the roof on City Hall in urgent need of replacement, the City of Fernie Advisory Planning Commission (APC) recommended to Council the replacement of the roof with the “Euro Shake” Rubber Roofing System. While maintaining the historical integrity of the building and integrating modern technologies, the preferred solution will provide great durability and be low maintenance.

Other repairs and enhancements to the roof as identified in an October, 2006 consultant’s inspection will also be incorporated into the project. Council agreed with the APC’s recommendation and approved the project. A Request for Quotations (RFQ) for the work will be made available shortly. The total budget for the project is $175,000.

3) Kodiak Lounge Liquor Licence Approved
After hearing the views of the public during a hearing on the matter held earlier in the evening, Council approved support for the Kodiak Lounge’s Liquor Licence Application for a 62-seat indoor lounge but turned down the applicant’s request for a 28-seat outdoor licensed patio. A copy of Council’s final resolution on the application will now be forwarded to the Liquor Control and Licensing Branch who have the authority to issue the license.

The City of Fernie Zoning Bylaw requires 21 new parking spaces for the 62-seat licensed indoor establishment. Before liquor service can commence at the Kodiak Lounge located in the Raging Elk Hostel at 892 6th Avenue, the parking issue will have to be resolved to Council’s satisfaction.

Regular Council Meeting July 28, 2008

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1) Development Variance Permit – Authorize Issuance

After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permit No. 197 – 1042-5th Avenue to legalize the siting of the existing principal building and the addition of a proposed porch and steps to the building.
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2) Sewer Treatment Plant Loan Authorization Bylaw
No. 2072, 2008
Council approved the elector response form to conduct an alternative approval process that will seek responses from citizens on the borrowing of an amount not to exceed $1,300,000 for improvement work to be done as part of the Fernie Sewage Treatment Plant Expansion. Council also set the deadline for receipt of elector responses as Monday, September 8, 2008 and established 3432 as the number of electors of the City of Fernie for the alternative approval process. Notice of the alternative approval process opportunity will be placed in the July 30 and August 6, 2008 editions of the Fernie Free Press.
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3) Northwest Water Reservoir Loan Authorization Bylaw
No. 2073, 2008
Council approved the elector response form to conduct an alternative approval process that will seek responses from citizens on the borrowing of an amount not to exceed $3,000,000 for the construction of the Northwest Water Reservoir. Council also set the deadline for receipt of elector responses as Monday, September 8, 2008 and established 3432 as the number of electors of the City of Fernie for the alternative approval process. Notice of the alternative approval process opportunity will be placed in the July 30 and August 6, 2008 editions of the Fernie Free Press.

Elector Response forms for both alternative approval processes are available at City Hall
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4) Special Occasion Liquor Licences were approved and issued to the following:
➢ Fernie Lions Club to hold their Annual Demolition Derby and Beer Garden at the Fernie Wranglers Rodeo Grounds as well, a request for use of bleachers and the City Water Truck for control of dust.
Demo-Derby will be held Sunday, August 31, 2008.

➢ TransRockies Challenge 2008
This is an international celebration of cycling to be held on Saturday, August 16, 2008. The event proposes to use City of Fernie property as part of the race and associated events as well as for the purpose of serving alcoholic beverages.
This was approved subject to the applicant providing proof of host liquor liability insurance to the City of Fernie

➢ Fernie Mixed Slo-Pitch League to operate a Beer Garden in the Lions Pavilion in Prentice Park on August 9th and 10th for the Annual Fernie Mixed Slo-Pitch Tournament.
This was approved subject to the applicant providing proof of host liquor liability insurance to the City of Fernie.
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5) Appointment of Alternate Municipal Director to the Boards of the RDEK, EK Regional Hospital District and KE Regional Hospital District for the months of July and August.
Council appointed Councillor McSkimming to act as the Alternate Municipal Director to attend the Board Meetings to be held Thursday, July 31 and Friday August 1, 2008.
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6) Kodiak Lounge Liquor Primary Licence Application
Council scheduled a Special Meeting to be held on Monday, August 11, 2008 at 6:00 pm to hold a hearing on the Kodiak Lounge Ltd. Liquor Primary License Application. Following the hearing Council will pass a detailed resolution with regards to the application for submission to the Liquor Control and Licensing Branch.
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7) Fernie Chamber of Commerce – Resort Revenue Sharing Fund / Evening Shuttle Funding
The Fernie Chamber of Commerce is planning in advance for the upcoming winter season with regards to the Evening Shuttle and is looking for written confirmation on the total amount of funding designated for the Shuttle Service from the Resort Revenue Sharing Fund.
Council directed staff to forward the July 18 letter to the next Council or Committee meeting where the Resort Municipality Tax Transfer Program and a resort development strategy for Fernie and area will be considered.
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8) SmartGrowth BC
Council authorized the expenditure of a $250 dollar donation to Smart GrowthBC to become a ‘2008 Municipal Friend’. SmartGrowth is an organization that works with local and regional
governments and groups to create livable communities across British Columbia. They are dedicated to promoting smart growth principles with land use, planning and development.
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9) Official Community Plan Implementation Committee
Recommendations to Council
Representatives from the OCPIC were in attendance to present recommendations from the Committee for Council to consider with regards to Economic Development, a Communication Strategy, Housing and an Official Community Plan Review.
Council received the document and gave direction that the recommendations be forwarded to staff for their review and further, to request that a report be brought back for Council’s consideration regarding these recommendations.
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10) Bylaw No. 2032, cited as the Election Procedure and Regulations Bylaw No. 2032 was adopted. The Bylaw establishes the procedures and regulations for the conduct of general local elections and other voting in the City of Fernie. For more information on local elections and other voting contact Mr. Larry Randle, Director of Corporate Administration Services at the City of Fernie.
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11) Canada Post Corporation Strategic Review
Council agreed to send a letter to the Canada Post Corporation insisting that the government hold public hearings and properly consult with the true owners of Canada Post – the public on the Strategic Review underway with regards to postal service. Copies of the letter will also be sent MP Jim Abbott, the Canadian Union of Postal Workers and Fernie Post Office.

Regular Council Meeting July 14, 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) #188, #189, #190 and #193.

DVP #188 varies the minimum rear yard setback for a secondary detached dwelling unit including a detached garage only, along a portion of the west property line from 6.0 metres to 1.5 metres at 441 9th Avenue.

DVP #189 varies the minimum side yard setback along the west property line to facilitate the construction of a proposed attached carport on the east side of the single family dwelling at 73 Ridgemont Drive.

DVP #190 varies the minimum rear yard setback from 6.0 metres to 1.83 metres along a portion of the east property line at the lane to enable the construction of a secondary detached dwelling unit including a detached garage with a second storey stairway and sundeck at 1042 11th Avenue.

DVP #193 legalizes the siting of the existing single family dwelling to facilitate the rezoning of the subject lot from R1 – Single Family Residential to R1B – Single Detached Plus Residential at 441 9th Avenue.

2) Zoning Bylaw Amendments Adopted
After holding public hearings on June 30th for Zoning Amendment Bylaws No. 2068 and No. 2074 and after receiving approval from the Ministry of Transportation, both bylaws were adopted by Council.

Bylaw No. 2068 rezones the property located at 1042 11th Avenue from R1-Single Family Residential to R1B-Single Detached Plus Residential. The Bylaw change will allow a secondary dwelling unit to be constructed on the property.

Bylaw No. 2074 rezones the property located at 441 9th Avenue from R1-Single Family Residential to R1B-Single Detached Plus Residential. The Bylaw change will allow a secondary dwelling unit to be constructed on the property.

3) Land Use Bylaws Proceeding
Official Community Plan (OCP) Bylaw No. 2063 and Zoning Amendment Bylaw No. 2064 both received first and second reading and will now be sent out to numerous agencies and adjacent property owners for comment on the proposed Bylaw amendments, prior to the required statutory public hearing on the matter.

The proposed Bylaws apply to a 49 hectare parcel located south of Mt. Fernie Park Road and Anderson Road and east of Mt. Fernie Provincial Park that was recently annexed into the City of Fernie. The parcel has interim Regional District of East Kootenay 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”.

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.

4) Pesticide Bylaw To Be Prepared
After seeing a presentation from Julia O’Shannassy from the Integrated Pest Management Task Force earlier in the day, Council also received a presentation from Ms. Patti Moore and Ms. Theresa Hermary from the Canadian Cancer Society on the use and effect of pesticides. The presentation explained what pesticides are, what health risks they pose to humans, animals and the environment, the role of government in regulating pesticide use and pesticide use in the City of Fernie.

Both groups offered their support and urged Council to adopt a Bylaw that would prohibit the use of cosmetic pesticides under most circumstances. Ms. Moore stated that public education and a Bylaw are more effective than education alone. City staff has been directed to prepare a Bylaw so that it can be implemented no later than January 1, 2009.

5) Regional Woodstove Exchange Program Approved
The Regional District of East Kootenay in partnership with Wildsight is applying to the Ministry of Environment for a regional level woodstove exchange program and asked for an indication of the City of Fernie’s interest in participating in the program. Council endorsed participation in the program which is proposed to run between September, 2008 and August, 2009.

If the program proceeds, a $100 cash incentive from the City of Fernie for each stove exchanged would be added to the Ministry’s $250 incentive. Council would also defray the $40 solid fuel burning appliance inspection fee for up to 20 stoves for a maximum commitment of $2800. By replacing old, uncertified stoves with alternate fuel heat sources or new, EPA certified wood burning appliances, appliances can be up to one-third more efficient and emissions can be reduced by up to 70%. The exchange of woodstoves is expected to improve air quality, human health and reduce the emission of greenhouse gases in Fernie.

6) New Bylaw Officer Appointed
Mr. Ryan Borjemsky was appointed by Council resolution as the City of Fernie Bylaw Enforcement Officer. In order to be able to enforce bylaws via municipal ticket informations and perform other bylaw enforcement activities, Council appointed Mr. Borjemsky pursuant to the Police Act which enables a Bylaw Enforcement Officer to enforce certain Provincial Statutes as well as local bylaws. He is experienced in providing Bylaw Services and is very excited to join the City of Fernie, effective July 16, 2008.

7) TransRockies Private Event Supported
The Fernie TransRockies Society (multi-day mountain bike race) has applied to the Liquor Control and Licensing Branch (LCLB) for a Private Special Occasion Licence to hold a post-race private event on August 16, 2008 on private land. LCLB regulations only permit alcohol to be served until 10:00 p.m. for a special occasion unless the applicant submits an Application for Special Occasion Licence Policy Exemption to extend the hours for the event. In this case, the applicant wishes to serve liquor until 1:00 a.m. on the evening of their planned event but in order to do so, it must have support from the local government. Council unanimously added its support for the event to that already provided by the Elk Valley RCMP.

8) New Election Bylaw Proceeding
Council gave first, second and third reading to a proposed new Election Procedures and Regulation Bylaw. The main changes in the new Bylaw are that it will allow all electors to participate in advance voting, it eliminates use of the provincial voter’s list by requiring voting day registration only, and it will provide the opportunity for snowbirds and other electors who will be absent or who may have difficulty getting to a voting place, the opportunity to vote by mail ballot.
Voting day registration only requires everyone who wishes to vote to produce two pieces of identification even if they are well known by election officials, whereas identification was not required when using the provincial voters list. The requirement to produce two pieces of identification and what type of identification will be accepted, will be well advertised in advance of the election.
Some of the changes to the Bylaw are being made as a result of recent changes made by the provincial government to the Local Government Act which broaden the opportunities for electors to vote in local government elections. Local government elections are held every three years. The next local government election will occur on Saturday, November 15, 2008.

9) New Windrow Assistance Policy
City staff has been directed to draft a policy for Council’s review regarding windrow clearing service provision criteria that would allow all seniors to receive the service in addition to people with disabilities who request and require the service. Councillors Giuliano, Burke and Young will work with the Director of Operations on developing this policy.

10) Purchase of BC Hydro Building Finalized
The conditions precedent to the City purchasing the downtown hydro building have been fulfilled or waived and the agreement is now final. The Heritage Hydro building on Victoria Avenue is slated to provide a permanent home for the museum and a downtown visitor information centre, to be operated by the Fernie and District Historical Society.

The second floor of the building is expected to be rented at market value to a commercial tenant, the proceeds from which would help with operating costs of the building. The City will take possession of the building on September 15th.

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