CITY OF REVELSTOKE

MINUTES OF THE REGULAR COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS OF CITY HALL MONDAY, JULY 26, 2004,
COMMENCING AT 3:30 P.M.


Present:
Council:
Mayor M. McKee

Councillors:
P. Frew, C. Johnston, B. MacFarlane, T. O’Hagan, N. Richardson, M. Singh

Staff:
D. DeGagne, Chief Administrative Officer/Director of Corporate Administration
G. Inglis, Director of Finance
E. Greenwood, Administration Secretary
B. Yeomans, Superintendent of Public Works
T. Knight, City Planner
T. Luini*, Building Inspector/Bylaw Enforcement Officer

Others:
S. Filipchuk, Revelstoke Cable TV
D. Rooney, Revelstoke Times Review
L. March, EZ Rock Radio

* Present for Portion of Meeting Only



CALL TO ORDER

Mayor McKee called the meeting to order at 3:35 p.m. and welcomed everyone in attendance.


ADOPTION OF THE AGENDA

Moved by Councillor Johnston, seconded by Councillor Richardson that the Agenda be adopted as presented.
CARRIED


ADOPTION OF THE MINUTES:

1. Regular Council Meeting – July 12, 2004

Moved by Councillor Frew, seconded by Councillor MacFarlane that the Minutes of the Regular Council Meeting held July 12, 2004 be adopted as presented.
CARRIED


BUSINESS ARISING FROM THE MINUTES:

1. Regular Council Meeting – July 12, 2004

Nil.


CORRESPONDENCE:

1. Vince Sessa Re: Lane Closure behind 801 & 807 Third Street West


COMMITTEE REPORTS:


COUNCILLOR FREW, Chair Public Works and Protection

1. Minutes of a Protection Committee Meeting – July 14, 2004

i. Animal Control Procedure Policy

Moved by Councillor Frew, seconded by Councillor Johnston that a Policy be written for Animal Control.
CARRIED

ii. Bikes on Sidewalks

Moved by Councillor Frew, seconded by Councillor Johnston that the RCMP do more foot patrols and enforcement in the downtown area.
CARRIED

iii. Update on Fire Underwriters Survey

Moved by Councillor Frew, seconded by Councillor Johnston that the request for an Underwriters Survey be included in the 2005 Protection Budget and that the Fire Chief meet with Alan Mason, Director of Community Economic Development and look into possible funding from the private/public sector for this survey.
CARRIED

iv. Fire-fighting Apparatus Replacement

Moved by Councillor Frew, seconded by Councillor Johnston that a replacement schedule be put in place and set realistic dates for replacements; and that the Fire Chief should research the cost of replacing our exiting Fire-fighting Apparatus.
CARRIED

2. City of Revelstoke Animal Control Bylaw No. 1758

Moved by Councillor Frew, seconded by Councillor MacFarlane that City of Revelstoke Animal Control Bylaw No. 1758 receive First, Second and Third Readings.
CARRIED

3. Arrow Heights Reservoir

Moved by Councillor Frew, seconded by Councillor MacFarlane that Council award “Contract No. 1.19.3.1, Construction of Arrow Heights Reservoir” to the low tender, Mutual Construction Ltd. in the amount of $766,120.00 (G.S.T. included).
CARRIED


COUNCILLOR JOHNSTON, Chair Planning and Land Development

1. Minutes of a Planning Committee Meeting – July 14, 2004

i. DVP-2004-30 – 704 Fifth Street East

Moved by Councillor Johnston, seconded by Councillor Singh that Staff be authorized to draft Development Variance Permit No. DVP-2004-30; and that a restriction be placed on the Permit stating that the front porch cannot be enclosed.
CARRIED

ii. DP-2004-32 – 307 Victoria Road

Moved by Councillor Johnston, seconded by Councillor Richardson that Development Permit No. DP-2004-33 be approved.
CARRIED

iii. DP-2004-33 – 717 Victoria Road West

Moved by Councillor Johnston, seconded by Councillor Richardson that Development Permit DP-2004-33 be approved.
CARRIED

iv. DP-2004-34 – 709 Victoria Road West

Moved by Councillor O’Hagan, seconded by Councillor Johnston that Development Permit No. DP-2004-34 be approved for the Wynn Street Signage Façade only and that further clarification be received for the sign layout fronting Victoria Road West.
CARRIED

2. City of Revelstoke Zoning Amendment Bylaw No. 1753 – 1669 & 1679 Arrow Drive

It was noted that the Public Hearing for City of Revelstoke Zoning Amendment Bylaw No. 1753 has been re-scheduled to Monday, August 9th, 2004 at 3:00 p.m.

3. City of Revelstoke Official Community Plan Amendment Bylaw No. 1755 and City of Revelstoke Zoning Amendment Bylaw No. 1756 – 340 & 378 Highway 23 North

It was noted that the Public Hearing for City of Revelstoke Official Community Plan Amendment Bylaw No. 1755 and City of Revelstoke Zoning Amendment Bylaw No. 1756 has been re-scheduled to Monday, August 9th, 2004 at 3:00 p.m.


COUNCILLOR MACFARLANE, Chair Economic Development

1. Minutes of an Economic Development Commission Meeting – July 8, 2004

i. Mt. Mackenzie

Moved by Councillor MacFarlane, seconded by Councillor Johnston that the City of Revelstoke contact MMRL to request that they establish an office in Revelstoke and a website for people to get first hand information on the progress of the Mt. Mackenzie development.
CARRIED

2. Minutes of an Economic Development Committee Meeting – July 19, 2004


COUNCILLOR O’HAGAN, Chair Finance

1. Wintergreen Haven Services Ltd. Re: Transit Route

Moved by Councillor O’Hagan, seconded by Councillor Richardson that the correspondence from Wintergreen Haven Services Ltd. be referred to the Transit Committee for review.
CARRIED


COUNCILLOR RICHARDSON, Chair Environmental, and Social Issues

1. Health Care in Revelstoke

Councillor Richardson gave a brief update on the meetings that Interior Health Authority had held in Revelstoke and that all was looking positive.

Mayor McKee also mentioned that the process undertaken by the Mayor’s Advisory Committee on Health Care to obtain public input had been well worth it and that congratulations should go out to Committee Members.

Moved by Councillor Richardson, seconded by Councillor O’Hagan that Council send a letter of thanks to members of the Mayor’s Advisory Committee on Health Care.
CARRIED

Councillor Johnston requested that an advertisement be placed in the local newspaper thanking all residents who attended the Public Information Gathering Sessions.


COUNCILLOR SINGH, Chair Parks and Recreation

1. Minutes of a Tourism Development Committee Meeting – July 20, 2004

i. Cultural Inventory

Councillor Singh requested that the City get a copy of the Cultural Inventory prepared by Wendy Lucas for distribution to Council and staff.

2. Construction Management Report – Revelstoke Aquatic Centre – May 31, 2004


MAYOR MCKEE, Chair Administration, Policy, Bylaws and Public Relations

1. Mt. Mackenzie Master Plan Review Process

Moved by Councillor MacFarlane, seconded by Councillor Johnston that Council accept the reports and recommendations prepared by Brent Harley and Associates and Dayton & Knight and that they be forwarded to Land and Water BC to form part of the City’s conditional support of the Mt. Mackenzie Master Plan.
CARRIED

Moved by Councillor MacFarlane, seconded by Councillor O’Hagan that Council recommends that the City not sign off on the Master Plan without an appropriate notation that our support cannot be final until we have a duly executed agreement with MMRL with respect to the City’s Lands, Licence of Occupation and CPS Crown Lease; and that authority be given to the Mayor and Chief Administrative Officer to sign off on the Master Plan once the deficiency has been addressed.
CARRIED

2. 215 & 217 Mackenzie Avenue

i. 215 Mackenzie Avenue

Moved by Councillor Frew, seconded by Councillor Richardson as follows:

WHEREAS Division 12 of Part 3 of the Community Charter authorizes Council to require the owner of a building, or other structure or erection of any kind, or similar matter or thing, or the owner of land that it is on, to remove, demolish, bring up to standard, or otherwise deal with it in accordance with directions of Council or a person authorized by Council, where the Council considers that the matter or thing is in or creates an unsafe condition, or is a nuisance, or is so dilapidated as to be offensive to the community;

AND WHEREAS Division 12 of Part 3 of the Community Charter authorizes Council to require the owner of a matter or thing that is in or about or attached to any matter or thing referred to above, to remove, demolish, bring up to standard, or otherwise deal with it in accordance with directions of Council or a person authorized by Council, where the Council considers that the matter or thing is a nuisance;

AND WHEREAS Boggild Enterprises Ltd are the registered owners (the “Owners”) of a burnt out building (the “Building”) on property located at 215 Mackenzie Avenue, Revelstoke, B.C., legally described as Parcel B (See 19892-I) Lot 11, Block 24, Plan 636 (the “Property”);

AND WHEREAS the Owners are also the lessee of structural wall bracing and fencing in or about the Building (the “Wall Braces”) that are located on or above a highway on City property;

NOW THEREFORE the Council of the City of Revelstoke, in open meeting assembled, resolves as follows:

1. Council considers that the Building located on the Property is in an unsafe condition and creates an unsafe condition, is a nuisance and is so dilapidated as to be offensive to the community;

2. Council considers that the Wall Braces are trespassing on City Property, create an unsafe condition, and are a nuisance;

3. Council requires the Owners to commence, to demolish and remove the Building and Wall Braces no later than 30 days after a copy of this resolution is sent to them.

4. In the event that the Owners have not demolished and removed the Building and Wall Braces 30 days after a copy of this resolution is sent to them, the City by its own forces or those of a contractor engaged by the City may enter on the Property and demolish and remove the Building and Wall Braces.

5. In the event that the City is required to take action under paragraph 4 of this resolution, the City may recover the expense from the Owners, together with costs and interest, in the same manner as municipal taxes in accordance with sections 17, 258 an 259 of the Community Charter.
CARRIED

ii. 217 Mackenzie Avenue

Moved by Councillor Richardson, seconded by Councillor MacFarlane as follows:

WHEREAS Division 12 of Part 3 of the Community Charter authorizes Council to require the owner of a building, or other structure or erection of any kind, or similar matter or thing, or the owner of land that it is on, to remove, demolish, bring up to standard, or otherwise deal with it in accordance with directions of Council or a person authorized by Council, where the Council considers that the matter or thing is in or creates an unsafe condition, or is a nuisance, or is so dilapidated as to be offensive to the community;

AND WHEREAS Division 12 of Part 3 of the Community Charter authorizes Council to require the owner of a matter or thing that is in or about or attached to any matter or thing referred to above, to remove, demolish, bring up to standard, or otherwise deal with it in accordance with directions of Council or a person authorized by Council, where the Council considers that the matter or thing is a nuisance;

AND WHEREAS Larry Horel / Kathleen Horel are the registered owners (the “Owners”) of a burnt out building (the “Building”) on property located at 217 Mackenzie Avenue, Revelstoke, B.C., legally described as Lot 10, Block 24, Plan 636 (the “Property”);

AND WHEREAS the Owners are also the lessee of structural wall bracing and fencing in or about the Building (the “Wall Braces”) that are located on or above a highway on City property;

NOW THEREFORE the Council of the City of Revelstoke, in open meeting assembled, resolves as follows:

1. Council considers that the Building located on the Property is in an unsafe condition and creates an unsafe condition, is a nuisance and is so dilapidated as to be offensive to the community;

2. Council considers that the Wall Braces are trespassing on City Property, create an unsafe condition, and are a nuisance;

3. Council requires the Owners to demolish and remove the Building and Wall Braces no later than 30 days after a copy of this resolution is sent to them.

4. In the event that the Owners have not demolished and removed the Building and Wall Braces 30 days after a copy of this resolution is sent to them, the City by its own forces or those of a contractor engaged by the City may enter on the Property and demolish and remove the Building and Wall Braces.

5. In the event that the City is required to take action under paragraph 4 of this resolution, the City may recover the expense from the Owners, together with costs and interest, in the same manner as municipal taxes in accordance with sections 17, 258 an 259 of the Community Charter.
CARRIED

Council were concerned that the message being sent was to demolish the building rather than re-build.

3. Invitation from Municipalities of Armstrong and Spallumcheen and Armstrong Spallumcheen Chamber of Commerce to attend the Interior Provincial Exhibition and Stampede

Mayor McKee stated that he may not be able to attend the Interior Provincial Exhibition.

4. Certificate of Sufficiency – City of Revelstoke Road Reconstruction & Rehabilitation Loan Authorization Bylaw No. 1749

The Chief Administrative Officer reported that for the purposes of determining the sufficiency of elector responses against Council's intent to adopt the City of Revelstoke Road Reconstruction and Rehabilitation Loan Authorization Bylaw No.1749, it has been determined that 10% or approximately 432 electors would be required to legally preclude Council's adoption of Bylaw No. 1749. It is, therefore, certified, pursuant to the provisions of Section 86(8) of the Community Charter that as a result of the required general newspaper advertising, elector response forms were received from 179 electors by the 12:00 noon., July 26, 2004 deadline date. The response forms received do not meet the minimum sufficiency requirements prescribed in Section 86(8) of the Community Charter to preclude Council's adoption of Bylaw No. 1749 submitted to the electors on the basis of an Alternative Approval Process.

Moved by Councillor MacFarlane, seconded by Councillor Johnston that the City of Revelstoke Road Construction and Rehabilitation Loan Authorization Bylaw No. 1749 receive Final Reading and be Adopted by Council.
CARRIED
Opposed: Councillor Singh

5. Certificate of Sufficiency – City of Revelstoke Reservoir Construction Loan Authorization Bylaw No. 1750

The Chief Administrative Officer reported that for the purposes of determining the sufficiency of elector responses from that area against Council's intent to adopt the City of Revelstoke Reservoir Construction Loan Authorization Bylaw No.1750, it has been determined that 10% or approximately 399 electors would be required to legally preclude Council's adoption of Bylaw No. 1750. It is, therefore, certified, pursuant to the provisions of Section 86(8) of the Community Charter that as a result of the required general newspaper advertising, elector response forms were received from 7 electors by the 12:00 noon., July 26, 2004 deadline date. The response forms received do not meet the minimum sufficiency requirements prescribed in Section 86(8) of the Community Charter to preclude Council's adoption of Bylaw No. 1750 submitted to the electors on the basis of an Alternative Approval Process.

Moved by Councillor MacFarlane, seconded by Councillor Richardson that the City of Revelstoke Reservoir Construction Loan Authorization Bylaw No. 1750 receive Final Reading and be Adopted by Council.
CARRIED

6. Homecoming Committee

Mayor McKee stated that the whole community and Council should thank the Homecoming Committee for organizing another successful Reunion. There were lots of people in town to enjoy all the activities arranged by the Committee.

Moved by Councillor Richardson, seconded by Councillor MacFarlane that Council send a letter of thanks to the Homecoming Committee.
CARRIED


OLD BUSINESS:

Nil.


NEW BUSINESS:

1. Williamsons Lake Campground

Councillor O’Hagan reported that the neighbouring property owner to Williamsons Lake Campground had raised concerns about the Campground encroaching onto her property.

Moved by Councillor O’Hagan, seconded by Councillor Singh that all construction activities and improvements around the perimeter of the property be stopped until the concerns of the neighbouring property owner have been resolved.
CARRIED
Opposed: Councillor Johnston


RESOLVE INTO IN CAMERA:

Moved by Councillor Richardson, seconded by Councillor O’Hagan that Council move into In Camera at 4:55 p.m. to consider items of business pursuant to Section 90.(1) (k) of the Community Charter.
CARRIED


BUSINESS ITEMS TO REPORT:

1. Revelstoke Community Energy Corporation – Board of Directors

It was agreed that the following be appointed to the Board of Directors for the Revelstoke Community Energy Corporation:

Barry Konkin
David Johnson
Geoff Battersby
Mayor Mark McKee
Councillor Peter Frew
Councillor Terrence O’Hagan
Graham Inglis, Director of Finance


ADOPTION OF RESOLUTION(S):

Moved by Councillor O’Hagan, seconded by Councillor MacFarlane that the resolution(s) as approved by Council In Camera, be adopted.
CARRIED


ADJOURNMENT:

Moved by Councillor Richardson, seconded by Councillor O’Hagan that the meeting adjourn at 6:10 p.m.
CARRIED



_____________________________________
Director of Corporate Administration

______________________________
Mayor


Certified a true copy this _______ day of _________________, _________.