CITY OF KIMBERLEY. G. Stratton, Chief Corp. Admin. Officer. 1. Moved by Councillor Hoglund, seconded by Councillor Hickey:

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1 CITY OF KIMBERLEY MINUTES OF THE REGULAR MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBER, CITY HALL, 340 SPOKANE STREET, ON MONDAY, MARCH 22, 2010 AT 7:00 P.M. Present: Mayor Ogilvie Councillor Bush Councillor Hickey Councillor Hoglund Councillor Weston Councillor West-Sells H. Ronnquist, Acting CAO, Chief Financial Officer G. Stratton, Chief Corp. Admin. Officer T. Pollock, Manager, Planning Services The Meeting was Called to Order at 7:00 p.m. ADOPTION OF MINUTES 1. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That the Minutes of the Regular Meeting of Council held March 8, 2010, be adopted." PETITIONS AND DELEGATIONS 2. Schaun Goodeve, President, Kimberley and District Chamber of Commerce addressed Council regarding the Kimberley Economic Development Committee. 3. Tony Austin made a presentation to Council regarding the Sullivan Mine Commemorative Public Sculpture requesting approval of the concept and proposed location in the Platzl, and a letter of support for his application for funding to the Columbia Kootenay Cultural Alliance. Moved by Councillor Hoglund, seconded by Councillor Bush: "That the letter be received and a letter of support be provided to Mr. Austin for the proposed Sullivan Mine Commemorative Public Sculpture."

2 SPECIAL REPORTS: - Nil COMMUNICATIONS 4. A letter dated March 10, 2010 from Carol Fergus, Fund-raising Chair Building Expansion Project, Kimberley Arts Council - Centre 64 thanking Council for the support given by the City of Kimberley. Moved by Councillor Bush, seconded by Councillor Hickey: "That the letter be received." UNFINISHED BUSINESS 5. A letter dated March 4, 2010 from Barry Penner, Minister of Environment regarding urban deer in Kimberley. Moved by Councillor Weston, seconded by Councillor Hickey: "That the letter be received and a Committee be established upon receipt of the Urban Ungulate Conflict Analysis for BC report commissioned by the Ministry of Environment's Conservation Officer Service and the additional summary report. 6. An communication dated March 9, 2010 from Arlene Parkinson, Secretary Treasurer, AKBLG regarding 2009 AKBLG Resolutions and Provincial Responses. Moved by Councillor Hoglund, seconded by Councillor West-Sells: "That the letter be received." 7. A memo dated March 12, 2010 from G. Stratton regarding Poll Vote - NRCAN Grant Funding Increase.

3 Moved by Councillor Hoglund, seconded by Councillor Bush: "That the poll vote conducted on March 9, 2010 for approval of City Signatories signing a contract with NRCAN for an additional contribution of $16, to Project ML#2.43 Mitigating the Effects of Mountain Pine Beetle on Wildfire Hazard within the Nature Park, be ratified." 8. A memo dated March 19, 2010 from H. Harper, Deputy Chief Corporate Administration Officer regarding Poll Vote - Letter - Accessibility & Inclusivity Committee - Request for Olympic/Paralympic Podium. Moved by Councillor Hickey, seconded by Councillor West-Sells: "That the poll vote conducted on March 19, 2010 approving of a request from the Kimberley Accessibility & Inclusivity Committee to forward a letter to the Minister of State for the Olympics and ActNow BC to obtain an Olympic / Paralympic Podium for use at the Kimberley Conference and Athlete Training Centre, be ratified." Moved by Councillor Hoglund, seconded by Councillor Weston: "That staff contact the Canadian Skiers Association, the Disabled Skiers Association, Ktunaxa/Kinbasket, Jerry Johnston, the MLA and anyone else deemed to be able to assist with the request to obtain a Podium." NEW BUSINESS 9. A letter received March 5, 2010 from Bert Banks, Kimberley Seniors Housing Society requesting the fees for Centennial Hall be waived for an Open House to be held on March 31, 2010 for the affordable housing proposal on Church Avenue. Moved by Councillor Hoglund, seconded by Councillor Bush: "That the letter be received, their requests be granted, and the Open House to be held March 31, 2010 at Centennial Hall be deemed a City sponsored event."

4 10. A letter dated March 17, 2010 from Wayne McLaren, Vice-Chair, Kimberley Community Transportation regarding extension of boundaries of operation. Moved by Councillor Hoglund, seconded by Councillor West-Sells: "That the letter be received and no action be taken." 11. A report dated March 22, 2010 from T. Pollock, regarding the 2010/2011 Kimberley Transit System Annual Operating Agreement. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That City signatories be authorized to execute the 2010/2011 Annual Operating Agreement for the Kimberley Transit System." COMMITTEE RECOMMENDATIONS: COMMITTEE OF THE WHOLE: - Nil ADMINISTRATION COMMITTEES: Finance Councillor Hoglund: 12. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That City of Kimberley Cheque Run #6 in the amount of $1,427,286.11, be approved for payment." 13. Committee Report - Distribution of Winter Games Legacy Grants Moved by Councillor Hoglund, seconded by Councillor Weston: "That the Winter Games Legacy Fund Grants be distributed as recommended by the Kimberley and District Community Foundation in their letter of March 5, 2010, as follows:

5 Kimberley Seahorse Swim Club $ Kimberley North Star Racers $ Kimberley Minor Soccer $1, Kimberley Gymnastics Club $2, Kimberley Minor Hockey Association $1, Total: $5,000.00" Administration Committee Councillor Bush: 14. Committee Report - Appointments to Affordable Housing Committee Moved by Councillor Bush, seconded by Councillor Weston: "That the resignation of Tami Hodges be accepted and a letter of thanks be sent to her for her work on the Committee." Moved by Councillor Bush, seconded by Councillor Hoglund: "That Kevin David Brown and Dale Lavonne Zinovich be appointed to the Affordable Housing Committee." Planning & Development Councillor Hickey: 15. Committee Report Solar Communities Project - SolarBC Moved by Councillor Hickey, seconded by Councillor Hoglund: " That the application to become a Solar Community and receive $5, grant under the SolarBC Program be supported."

6 16. Committee Report - Proposed Bylaw Amendments for Accessory Dwellings Moved by Councillor Hickey, seconded by Councillor Bush: "That staff be directed to prepare the amending bylaws for Council's consideration of first reading at a future Council meeting." 17. Committee Report - Proposed Rezoning Black Bear Crescent Moved by Councillor Hickey, seconded by Councillor Hoglund: "That staff be directed to draft an amending bylaw for consideration of first reading at a future Council meeting." 18. Committee Report - Proposed Encroachment Spokane Street Moved by Councillor Hickey, seconded by Councillor Bush: "That a 0.6 m (2 foot) aerial encroachment over a public lane subject to the property owner entering into an encroachment agreement in accordance with the City's Land Encroachment Policy, be approved." 19. Committee Report - Development Variance Permit DVP Distance to Mark Creek - Flowers Galore Moved by Councillor Hickey, seconded by Councillor Weston: "'That the Chief Corporate Administration Officer be instructed to give Notice, as required under Section 922 of the Local Government Act, pertaining to Development Variance Permit Application DVP affecting Lots 19 and 20, Block 20, Plan 1462, District Lot 1358, Kootenay Land District, civically located at 405 Wallinger Avenue."

7 20. Committee Report - Liquor License Application - Kimberley Conference and Athlete Training Centre Moved by Councillor West-Sells, seconded by Councillor Weston: "That the recommendation contained in the memo dated March 16, 2010 from Heather Hornoi be considered as one motion." Moved by Councillor Hickey, seconded by Councillor Hoglund: "That Council direct staff to make application in the name of the City of Kimberley to the Ministry of Housing and Social Development, BC Liquor Control Board for a Food Primary Liquor License for the Kimberley Conference and Athlete Training Centre; That Council support the City of Kimberley apply to add Resorts of the Canadian Rockies as the Licensee's Third Party Operator; That Council name Holly Ronnquist, Acting CAO and George Stratton, CCAO as signatories for the Liquor License Application for the Kimberley Conference and Athlete Training Centre; as well as for all signatory requirements that may result in the application process, or in making changes to the License; That Council name Heather Hornoi, Economic Development Officer and Janyce Bampton, Manager Kimberley Community Development Society as Resident Managers of the facilities, providing both with the authority to make changes and receive information regarding the License; That Council support the City of Kimberley's application for a Liquor License for the Kimberley Conference and Athlete Training Centre which requests late hours - Sunday through Saturday 11:00 a.m. until 1:00 a.m.; That Council support the City of Kimberley's application for a Liquor License for the Kimberley Conference and Athlete Training Centre which requests Patron Participation Entertainment; That in complying with section 53 of the Liquor Control and Licensing Regulation, Council resolves that the application is supported by Council and that the following have been considered:

8 a) The potential for noise if the application is approved is minimal and would be non-disturbing in nature as the facility is located in a commercial area of a ski resort next to the existing hillside bar and grill. This is a conference centre and athlete training centre and the nature of the events that will be held at the facility will not be a source of street noise at closing time; b) The impact on the community if the application is approved is economically substantial. This facility has been developed by and supported by the community. The facility is located in the village core of the Kimberley Alpine Resort, Resorts of the Canadian Rockies (RCR). RCR fully supports this application and are named as the Licensee's Third Party Operator; c) The application has requested extended hours and patron participation; as a Conference Centre it is imperative that the facility be able to accommodate various events with diverse needs in order to remain an economically sustainability facility for the community; That in order to satisfy the remaining requirement of section 53 of the Liquor Control and Licensing Regulation, that staff be directed to consult nearby residents of the Kimberley Conference and Athlete Training Centre, and obtain their views on the City of Kimberley's request for a Liquor License requesting extended hours and patron participation." OPERATIONS COMMITTEES: Parks & Recreation: - Nil Public Works & Utilities Councillor West-Sells: 21. Committee Report Nanrich Water Management Consultants & Aqua- Tex Scientific Consulting Agreements Moved by Councillor West-Sells, seconded by Councillor Hoglund: "That the City enter into an agreement with Nanrich Water Management Consultants Ltd. for the purpose of maintenance and operation of the Mark Creek Hydrometric Station for the term April 1, 2010 to March 31, 2011 and that the fees reflect an increase of 5% as set out in the

9 received Monday, March 15, 2010 from Richard Lopaschuk, Owner and dated March 18, 2010 from Nanrich Water Management Consultants Ltd. regarding contract cost of $8,700.00; and That the City enter into an agreement with Aqua-Tex Scientific Consulting Ltd. for the purpose of Operation of the Continuous Water Quality Station on Mark Creek for the term April 1, 2010 to March 31, 2011 as set out in the received Thursday, March 11, 2010 from Cori Barraclough, Owner regarding Cost will be $34, plus tax." Health & Protection Councillor Weston: - Nil BYLAWS 22. Moved by Councillor Hoglund, seconded by Councillor Bush: "That Bylaw No. 2383, City of Kimberley Zoning Bylaw No. 1850, 1994, Amendment No. 101, 2010", be read a second time by title." 23. Moved by Councillor West-Sells, seconded by Councillor Hickey: "That Bylaw No. 2383, City of Kimberley Zoning Bylaw No. 1850, 1994, Amendment No. 101, 2010", be read a third time by title." 24. Moved by Councillor Hoglund, seconded by Councillor Bush: "That Bylaw No. 2383, City of Kimberley Zoning Bylaw No. 1850, 1994, Amendment No. 101, 2010", be adopted."

10 ENQUIRIES & SUNDRY MATTERS 25. Moved by Councillor Hoglund, seconded by Councillor Weston: "That a letter of congratulations be sent to the Tom Buchy rink for winning the BC Mixed Curling Championship and wishing them luck representing the Province in the Canadian Championship." 26. Mayor Ogilvie reported on his attendance last week in Kamloops at the Southern Interior Beetle Action Committee meeting. COMING EVENTS 27. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That pursuant to Section 90.(1) of the Community Charter, this meeting is closed to the public on the basis that the subject matter of all agenda items to be considered relates to matters listed under Sections 90.(1) and/or (2) of the Community Charter, and specifically matters listed under Sections 90.(1) (e)." The Regular Meeting of Council was closed to the public at 8:40 p.m. The Regular Meeting of Council was re-opened to the public at 9:45 p.m. 28. Licence of Occupation - Kimberley Trails Society Moved by Councillor Hoglund, seconded by Councillor Hickey: "That a letter be provided to the Ministry of Tourism, Culture and the Arts, in response to their letter dated February 16, 2010, confirming that the use of the City Lands for trail use and access to the adjacent Lois Creek trail system is permitted and that the City supports the formal establishment and maintenance of the recreational trail system in the Lois Creek area; and That City signatories be authorized to enter into a License of Use and Occupation agreement with the Kimberley Trails Society, subject to confirmation of insurance, to allow for the development, maintenance and use of the trails on the following City lands:

11 a) Part of Block 16, District Lot 7348, Kootenay District, Plan 2359, PID # ; b) District Lot 7349, Kootenay District, Excluding part in Plans 2359 and 4368, PID # ; and c) District Lot 9875, Kootenay District, Excluding part in Plans 2359 and 4368, PID # " 29. Sale of City owned Land rd Avenue Moved by Councillor Hoglund, seconded by Councillor West-Sells: "That Administration be authorized to offer for sale the City owned land legally described as Lot 12, Block 4, Plan 1679, PID # , civically located at 3-103rd Avenue to the owner of the immediately adjacent property located at 7-103rd Avenue, Lot 11, Block 4, Plan 1679, PID # ) subject to the following: a) The property shall be sold for the appraised market value $4,000.00; b) The land must be consolidated on title with Lot 11, Block 4, Plan 1679, PID # , the purchaser's adjacent property; c) All costs to transfer ownership, including cost of appraisal ($367.50), title consolidation, registration and any survey costs, are to be borne by the purchaser; d) The purchaser is to pay all applicable taxes including municipal taxes." 30. Sale of City owned Land st Street Moved by Councillor Hickey, seconded by Councillor Bush: "That Administration be authorized to offer for sale the City owned land legally described as Lot 1, Block 34, Plan 733A, PID # , civically located at st Street to the owner of the immediately adjacent property located at st Street, Lot 2, Block 34, Plan 733A, PID # , subject to the following: a) The property shall be sold for the appraised market value $11,000.00; b) The land must be consolidated on title with Lot 2, Block 34, Plan 773A, PID # , the purchaser's adjacent property;

12 c) All costs to transfer ownership, including cost of appraisal ($367.50), title consolidation, registration and any survey costs, are to be borne by the purchaser; d) The purchaser is to pay all applicable taxes including municipal taxes." ADJOURNMENT 31. Moved by Councillor Hoglund, seconded by Councillor Hickey: "That the Meeting do now adjourn." The Meeting adjourned at 9:46 p.m. MAYOR Certified Correct: CHIEF CORPORATE ADMINISTRATION OFFICER /hh