CITY OF REVELSTOKE

MINUTES OF THE REGULAR COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS OF CITY HALL MONDAY, AUGUST 9, 2004,
COMMENCING AT 3:30 P.M.


Present:
Council: Councillor M. Singh, Acting Mayor
Councillors: P. Frew, C. Johnston, B. MacFarlane, T. O’Hagan, N. Richardson
Excused: Mayor M. McKee

Staff:
T. LeRose, Deputy Director of Corporate Administration
G. Inglis, Director of Finance
T. Knight, City Planner
A. Mason, Director of Community Economic Development

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




CALL TO ORDER

Acting Mayor Singh called the meeting to order at 3:30 p.m. and welcomed everyone in attendance.


ADOPTION OF THE AGENDA

Moved by Councillor MacFarlane, seconded by Councillor Richardson that the Agenda be adopted with the following additions: CORRESPONDENCE - 6.g) Karen Carter Re: Animal Control (moved from 17.d, FOR INFORMATION); and COMMITTEE REPORT - COUNCILLOR SINGH - 12.b) Centennial Pool - Closing Event on August 28, 2004.
CARRIED


ADOPTION OF THE MINUTES:

1. Regular Council Meeting – July 26, 2004

Moved by Councillor O’Hagan, seconded by Councillor MacFarlane that the Minutes of the Regular Council Meeting held July 26, 2004 be adopted as presented.
CARRIED


BUSINESS ARISING FROM THE MINUTES:

1. Regular Council Meeting – July 26, 2004

Nil.


CORRESPONDENCE:

1. Canadian Pacific Railway Re: Whistle Cessation & Pool Donation

Moved by Councillor MacFarlane, seconded by Councillor Richardson that the letter be referred to the Mackenzie Avenue Railway Crossing Committee and the Administration, Policy, Bylaws and Public Relations Committee of Council.
CARRIED

2. Kootenay Rockies Re: Invitation to Annual General Meeting and Tourism Conference

3. Safe Streets Coalition Re: Joining Coalition Addressing Behaviour on Streets

Moved by Councillor Frew, seconded by Councillor Richardson that the City of Revelstoke join the Safe Streets Coalition.
DEFEATED
Opposed: Acting Mayor Singh
Councillors: Johnston, MacFarlane, and O’Hagan

4. Interior Health Re: Emergency Treatment of Communities Demonstrating the Presence of West Nile Virus

Moved by Councillor O’Hagan, seconded by Councillor Johnston that should the need to perform adulticide treatment for emergency control of adult mosquitoes arise that public notification be performed prior to spraying.
CARRIED

5. City of Fort St. John Re: “Walk to Whistler” Challenge

6. C.H.I.L.D. Find Foundation Re: Subway Day for C.H.I.L.D. Fundraiser

7. Karen Carter Re: Animal Control

Moved by Councillor MacFarlane, seconded by Councillor O’Hagan that the correspondence be referred to the Animal Control Officer and also to the new Animal Control Officer for their information on certain procedures that need to be followed.
CARRIED


COMMITTEE REPORTS:


COUNCILLOR FREW, Chair Public Works and Protection

1. Minutes of a Heritage Commission Meeting – July 27, 2004

2. Reappointments to Community Heritage Commission

Moved by Councillor Frew, seconded by Councillor MacFarlane that Mike Dragani, Jules Mohr, Beverly Wiege and John Leslie be reappointed to the Community Heritage Commission for a three-year term expiring May 30, 2007.
CARRIED

3. City of Revelstoke Animal Control Bylaw No. 1758 - Adoption

Moved by Councillor Frew, seconded by Councillor Johnston that the City of Revelstoke Animal Control Bylaw No. 1758 be given Final Reading and be Adopted by Council.
CARRIED

4. Monthly Animal Control Report - July 2004


COUNCILLOR JOHNSTON, Chair Planning and Land Development

1. Minutes of a Planning Committee Meeting – July 28, 2004

i. Corin Flood & Susan Knight (903 West First Street) Development Variance Application

Moved by Councillor Johnston, seconded by Councillor Frew that staff be authorized to draft Development Variance Permit No. 2004-35 to reduce rear yard setback in order to construct a garage and a wrap-around porch.
CARRIED

ii. Downie Street Sawmills (1351 Vernon Avenue) Development Variance Application

Moved by Councillor Johnston, seconded by Councillor O’Hagan that staff be authorized to draft Development Variance Permit No. 2004-29 to relax the side and rear yard setback adjacent to Vernon Avenue and Downie Street to accommodate future expansion of the mill.
CARRIED

iii. Wayside Inns Ltd. (1901 Laforme Blvd.) Development Permit No. 2004-41

Moved by Councillor Johnston, seconded by Councillor MacFarlane that Development Permit No. 2004-41 for signage / facade improvement be approved.
CARRIED

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

Moved by Councillor Johnston, seconded by Councillor Richardson that the City of Revelstoke Zoning Amendment Bylaw No. 1753 be given Third Reading and be Adopted by Council.
CARRIED

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)

Moved by Councillor Johnston, seconded by Councillor Frew that the City of Revelstoke Official Community Plan Amendment Bylaw No. 1755 be given Third Reading by Council.
CARRIED

Moved by Councillor Johnston, seconded by Councillor Frew that the City of Revelstoke Zoning Amendment Bylaw No. 1756 be given Third Reading by Council.
CARRIED

Moved by Councillor Johnston, seconded by Councillor Frew that Final Reading and Adoption of the City of Revelstoke’s Bylaws No. 1755 and 1756 be tabled until receipt of a restrictive covenant to protect the natural buffer areas adjacent to the Revelstoke National Park, as well as, environmental and water tenure issues are reviewed with a report back to Council.
CARRIED

4. Development Variance Permit No. 2004-30 (704 East 5th Street)

Moved by Councillor Johnston, seconded by Councillor MacFarlane that Development Variance Permit No. 2004-30 be approved and issued to reconstruct and extend the front porch.
CARRIED

City Council was content that the applicant will consider snow abatement provisions through the building permit stage in regards to the neighbour’s concerns.

5. Monthly Building Permit & Accumulative Building Permit Summaries - July 2004


COUNCILLOR MACFARLANE, Chair Economic Development

1. Monthly Business Licence Summary - July 2004


COUNCILLOR O’HAGAN, Chair Finance

1. City of Revelstoke - Cheque Summary


COUNCILLOR RICHARDSON, Chair Environmental, and Social Issues

No report.


COUNCILLOR SINGH, Chair Parks and Recreation

1. Revelstoke Aquatic Centre Construction Management Report - June 30, 2004

2. Centennial Pool - Closure Event August 28, 2004

Acting Mayor Singh advised that the Centennial Pool would have a closing event on August 28, 2004.


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

1. 215 & 217 Mackenzie Avenue - Reconsideration of Matter

Moved by Councillor O’Hagan, seconded by Councillor Frew that the two resolutions concerning 215 and 217 Mackenzie Avenue made during the Regular Council Meeting on July 26, 2004, be rescinded.
CARRIED

i. 215 Mackenzie Avenue - Demolition or Repair of the Building

Moved by Councillor O’Hagan, 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, no later than 30 days after a copy of this resolution is sent to them, either:

a. demolish and remove the Building and Wall Braces; or
b. commence, to the satisfaction of the City, to bring the Building up to the requirements of the B.C. Building Code 1998 for the intended use of the Building.

4. In the event that the Owners do not comply with Section 3, 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 - Demolition or Repair of the Building

Moved by Councillor O’Hagan, 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 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, no later than 30 days after a copy of this resolution is sent to them, either:

a. demolish and remove the Building and Wall Braces; or
b. commence, to the satisfaction of the City, to bring the Building up to the requirements of the B.C. Building Code 1998 for the intended use of the Building.

4. In the event that the Owners do not comply with Section 3, 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


OLD BUSINESS:

Nil.


NEW BUSINESS:

Nil.


RESOLVE INTO IN CAMERA:

Moved by Councillor Richardson, seconded by Councillor Frew that Council move into In Camera at 4:10 p.m. to consider items of business pursuant to Section 90.1(e) and (k) of the Community Charter.
CARRIED


BUSINESS ITEMS TO REPORT:

No report.


ADJOURNMENT:

Moved by Councillor Richardson, seconded by Councillor Frew that the meeting adjourn at 4:25 p.m.
CARRIED



_____________________________________
Deputy Director of Corporate Administration

______________________________
Acting Mayor


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