TOWN OF SMITHERS. Mayor Bachrach called the meeting to order (7:30 p.m.).

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1 TOWN OF SMITHERS MINUTES OF THE REGULAR MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, 1027 ALDOUS STREET, SMITHERS, B.C. ON TUESDAY, SEPTEMBER 9, 2014, AT 7:30 P.M. Council Present: Taylor Bachrach, Mayor Norm Adomeit, Councillor Mark Bandstra, Councillor Phil Brienesse, Councillor Bill Goodacre, Councillor Charlie Northrup, Councillor Frank Wray, Councillor. Staff Present: Susan Bassett, Acting Chief Administrative Officer Leslie Ford, Director of Finance Mark Allen, Director of Development Services Andrew Hillaby, Director of Recreation, Parks and Culture Keith Stecko, Fire Chief Rob Blackburn, Airport Manager Roger Smith, Director of Works and Operations Alison Watson, Planner Penny Goodacre, Recording Secretary. Staff Excused: Deborah Sargent, Chief Administrative Officer. Media Present: D. Foster, CFTK-TV, and C. Gareau, The Interior News. 1. CALL TO ORDER Mayor Bachrach called the meeting to order (7:30 p.m.) APPROVAL OF AGENDA (including Supplemental Items) Adomeit/Bandstra THAT Council approves the agenda, and following Supplemental Items: 14.1 Revised Report ADM dated August 14, 2014, from S. Bassett, Acting Chief Administrative Officer, recommending items be made public from the Special (In-Camera) meeting held August 12, 2014, was presented ( ). [This document to replace Item 4.1] 14.2 Report ADM dated September 9, 2014, from Mayor Bachrach, recommending reconsideration of third reading and adoption of Bylaw No Town of Smithers Zoning Bylaw No Amendment No ( ) Report dated September 9, 2014, from Mayor Bachrach, recommending the Town of Smithers apply to use the Regional District of Bulkley Nechako, Rural Area A - Gas Tax Funds for Chandler Park Field Upgrades ( ). Page 1 of 25

2 1.1. APPROVAL OF AGENDA (including Supplemental Items) continued continued 14.4 Form letters opposing the rezoning of the property located at 1471 Columbia Drive: a) J.B. McGonigal and Karen Diemert, 1389 Columbia Drive; b) John and Iris Taekema, 1404 Columbia Drive; c) Mike and Natasha Bandstra, th Avenue; d) Joel Traas, 1400 Columbia Drive; e) Joe and Jessica Vanderleest, 1402 Columbia Drive; f) Dan and Margaret Olmstead, th Avenue; g) Gary Meerdink and Amber Rothery, th Avenue; and h) Mary Vandermaal, 1511 Columbia Drive Letter dated September 9, 2014, from K. Bassett Kluss, Bulkley Valley Child Development Centre, regarding rezoning of the property located at 1471 Columbia Drive ( ) STRATEGIC PRIORITIES The standing item dated February 5, 2014, was presented. Mayor Bachrach advised the members of the public in the gallery, that Council would be conducting a formal "Public Opportunity to Speak" with regards to the property located at 1471 Columbia Drive. Those who wish to address the closure of the Ranger Park Preschool Program will have an opportunity to address Council during the "Public Question Period" in tonight's agenda VARY AGENDA COLUMBIA DRIVE Councillor Bandstra declared a conflict of interest, as a member of the Christian Reformed Church (the Seller) and left the Chambers (7:31 p.m.) Brienesse/Northrup THAT Council vary the agenda to bring forward to this point in the meeting Item 14.2: 14.2 Report ADM dated September 9, 2014, from Mayor Bachrach, recommending reconsideration of third reading and adoption of Bylaw No Town of Smithers Zoning Bylaw No Amendment No , was presented ( ). Page 2 of 25

3 14.2 VARY AGENDA COLUMBIA DRIVE continued Goodacre/Wray THAT Council rescind the following motion from the August 12, 2014, Regular Council Meeting: Goodacre/Brienesse THAT "Bylaw No Town of Smithers Zoning Bylaw No Amendment No " (1471 Columbia Drive), be adopted Brienesse/Northrup THAT Council rescind the following motion from the August 12, 2014, Regular Council Meeting: Goodacre/Brienesse THAT "Bylaw No Town of Smithers Zoning Bylaw No Amendment No " (1471 Columbia Drive), be read a third time, as amended Wray/Northrup THAT Council rescind the following motion from the August 12, 2014, Regular Council Meeting: Northrup/Goodacre THAT "Bylaw No Town of Smithers Zoning Bylaw No Amendment No " (1471 Columbia Drive), be altered by adding a definition of "child development centre" in Section 1.2 of the Zoning Bylaw as follows: "child development centre" means a not-for-profit organization that provides government funded pediatric early intervention and family centered programs such as infant development, physiotherapy, speech and language therapy, occupational therapy, family support, early childhood education, as well as other specialized services". 2. PUBLIC HEARING 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE Mayor Bachrach invited members of the public to make representation to Council regarding the proposed changes to the Section 219 Covenant at (7:31 p.m.). Page 3 of 25

4 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE continued The proposed changes to the Section 219 Covenant, which was required as part of the Rezoning Application to rezone 1471 Columbia Drive from Public Use 3 (P-3) to Public Use 2 (P-2). The terms of the original covenant were to limit the use of the land and the property to "child development centre use" only and included provisions for neighbours to be notified and signage erected should the covenant be altered in any way along with the opportunity to provide comments to Council. The proposed new covenant is to specifically exclude the following uses: a) assembly, cultural, and recreational facilities including but not limited to arena, auditorium, community centre, skating rink, curling rink, tennis court, racquet sports, swimming pool; b) a golf course; c) a campground; d) a public library, museum, art gallery, tourist information; e) a cemetery; f) fairgrounds, exhibition grounds, circus; g) a youth centre; h) food concession or restaurant; and i) premises licensed for consumption of alcoholic beverages. Mayor Bachrach noted the following correspondence was received by the Town of Smithers: 1) Letter dated August 25, 2014, from Mayor Bachrach advising residents of the proposed covenant and rezoned property located at 1471 Columbia Drive; 2) Letter dated September 2, 2014, from B. Blix expressing concern over the rezoning of the property located at 1471 Columbia Drive; 3) Letter dated September 2, 2014, from K. Hall expressing concern over the rezoning of the property located at 1471 Columbia Drive; and Page 4 of 25

5 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE continued 14.4 and ) Form letters opposing the rezoning of the property located at 1471 Columbia Drive: a) Mike and Darlene Doogan-Smith, th Avenue; b) Cathy Driediger, 4024 Walnut Drive; c) Don and Wendy Stewart, 1409 Columbia Drive; d) William and Michelle Asato, 1407 Columbia Drive; e) Kevin and Kat Stroet, th Avenue; f) Kat and Kevin Stroet, th Avenue; g) Willy and Aren Bakker, th Avenue; h) Marie-Claude Beaulne and Daniel Martineau, th Avenue; i) Einar and Barri Blix, 1527 Columbia Drive; j) Lee Schaeffer and Susan Knoerr, 1435 Columbia Drive; k) Ross Woodworth and Irene Miller, th Avenue; l) Dennis and Jackie Fiander, th Avenue; m) Allen, Rhonda and Susan Lewis, 3957 Pioneer Place; n) Saverio Madia, th Avenue; o) Valerie Laub, th Avenue; p) Charlene Bradford, th Avenue; q) Ann Marie MacIsaac, th Avenue; r) Donnie and Joanne Woroniuk, th Avenue; s) Scott Wriglesworth, th Avenue; t) Ellen Gillis, th Avenue; u) Victor and Verna Zavaduk, 1412 Columbia Drive; v) Barbara Wold, 1408 Columbia Drive; w) Trevor and Rebecca Morris, 1472 Columbia Drive; x) Doug Brown, th Avenue; y) F. Brine, th Avenue; and z) Ken and Lois Hall, th Avenue. Mayor Bachrach noted the following correspondence was received by the Town of Smithers after the Supplemental Agenda was published: 1) Form letter received September 9, 2014, from Don McMillan, 1418 Columbia Drive, opposing the rezoning of the property located at 1471 Columbia Drive. VARY AGENDA Brienesse/Wray THAT Council vary the agenda to bring forward to this point in the meeting Items 14.4 and 14.5: 14.4 Form letters opposing the rezoning of the property located at 1471 Columbia Drive: a) J.B. McGonigal and Karen Diemert, 1389 Columbia Drive; b) John and Iris Taekema, 1404 Columbia Drive; c) Mike and Natasha Bandstra, th Avenue; d) Joel Traas, 1400 Columbia Drive; e) Joe and Jessica Vanderleest, 1402 Columbia Drive; f) Dan and Margaret Olmstead, th Avenue; g) Gary Meerdink and Amber Rothery, th Avenue; and h) Mary Vandermaal, 1511 Columbia Drive, were presented Letter dated September 9, 2014, from K. Bassett Kluss, Bulkley Valley Child Development Centre, regarding rezoning of the property located at 1471 Columbia Drive, was presented Page 5 of 25

6 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE continued Mayor Bachrach invited members of the public to make representation to Council regarding the proposed changes to the Section 219 Covenant at 7:44 p.m. Mayor Bachrach opened the floor to the members of the gallery. Barri Blix, 1527 Columbia Drive: B. Blix provided a brief history of the 1471 Columbia Drive property. She stated that the church purchased the residential property in the 1950 s and had the land rezoned from residential to P3 to allow for the church. B. Blix requested that the property be converted back to its original residential zoning. She added that the church complimented their residential neighbourhood and encouraged Council to consider the long term future of this land. How would rezoning the land to commercial affect this residential area? Would rezoning this church to P2 apply for all churches in the community? She expressed concerns over the increased traffic flow on Columbia Drive, much of it feeding in from Rosenthal Road. In response to questions from Council, B. Blix confirmed that: a) she would like the property converted back to R1 Single Family Residential not the original R3 Medium Density Residential. Daniel Martineau, 4029 Eighth Avenue: D. Martineau read aloud the submitted form letter, which was signed by over fifty people, opposing the rezoning of the property located at 1471 Columbia Drive. D. Martineau stated at the August 12, 2014, Regular Meeting of Council a decision was made to permit the Child Development Centre (CDC) to operate at 1471 Columbia Drive provided that a covenant was signed which excluded fifteen different categories for commercial use. Then on August 13, 2014, the CDC requested an amendment to allow commercial use of fourteen of the excluded items. The CDC has changed their proposal since originally meeting with the residents and now the residents are hesitant to trust the CDC s intentions. The residents would prefer to see the land revert back to residential use. Page 6 of 25

7 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE continued Ken Hall, 3968 Seventh Avenue: K. Hall stated that when his wife was able bodied and able to walk, she feared for her safety while walking along Columbia Drive as the traffic sped past her, and suggested that a four-way stop sign be installed at the corner of Seventh Avenue and Columbia Drive. He stated that some Council members were informing the public that Council did not have to listen to the residents concerns on this rezoning application and that the process was just a formality as the decision had already been made. He stated that Council should be wary with the upcoming elections as the residents are the electorate, we are your bosses. Mayor Bachrach replied that the Community Charter legislation requires that public input is gathered for all rezoning applications. Donald Giddings, 1213 Sunnypoint Drive: D. Giddings stated that he is a local lawyer representing the CDC and that the CDC Board of Directors requested that he address Council s concerns tonight. He provided an update on the process the CDC has gone through to date. Numerous covenants have been drafted. The CDC s financial institution has indicated that they would not approve a mortgage for the property if a Section 219 covenant was in place. The financial institution expressed concerns on how to market a property that could only be used as a CDC, if the CDC where to default on their mortgage payments. D. Giddings stated that the covenant had to be drafted exactly as the Council motion indicated. The only answer from a legal point of view would be to draft a covenant that would solve the problem but not handcuff the financial institution. He stated that the CDC is not in the business of being a landlord and would like to have that option available in case their funding becomes tight, as a way to reduce their overhead costs. At this time, the CDC has no intentions to build or rent out any auxiliary buildings on the property. The CDC is a non-profit organization. The residents support the idea of the CDC, just not in their backyard. In response to questions from Council, D. Giddings responded: a) the financial institution would have an appraiser determine the value of the rezoned land; b) there is an understanding that there is a willingness from the financial institution to work with the wording of the covenant, to ensure that it is acceptable to them; and c) the CDC hopes to find common ground with Council, the residents and the financial institution. Page 7 of 25

8 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE continued Ross Dingwall, 4343 Alfred Avenue: R. Dingwall advised Council that he is the Board of Directors Chair, for the CDC. The CDC would like to amalgamate its two buildings (one in downtown Smithers and the other one in the Regional District of Bulkley Nechako between Telkwa and Smithers) to its new location at 1471 Columbia Drive. The CDC has seventeen employees and provides services and programs to children and families. The CDC is funded by the Provincial Government and by donations from the local community. The CDC does not have any long term plans to build any additional structures on the property. They hope to renovate the inside of the chapel area to two floors to accommodate offices and small conference rooms. In response to questions from Council, R. Dingwall advised: a) in regards to having a business plan for rentals, the CDC Board of Directors would review any application to ensure that its operations would fit into the CDC s mandate of providing services and programs to children and families; b) the CDC requested an amendment to the covenant the day after the Council meeting resulting from the financial institution not being consulted with regards to their covenant requirements prior to the Council meeting; and c) the CDC would like to amalgamate its two buildings into one building and the only suitable building located within the Town of Smithers is the building located at 1471 Columbia Drive. If the CDC were to purchase land and construct a building in the downtown core, it would be too cost prohibitive to do so. Klaus Mueller, 3859 Tenth Avenue: K. Mueller advised Council that he is a lifetime member of the CDC Society. He stated that he participated at the Regional District of Bulkley Nechako, when the CDC originally purchased the land out of town. When the CDC first approached the residents about relocating to the neighbourhood, the residents were quite receptive. Now the residents are cautious and full of what if questions. He stated that the submitted form letter has some inaccuracies. The CDC does not want to rent space to businesses and does not want to relocate businesses from the downtown core. The CDC may have to rent space only if their finances deem it necessary to do so. The CDC lifetime members have a big say on what happens to the building and we are not about to let the property at 1471 Columbia Drive become commercial. He suggested if Council were to revert the property back to R1 single family residential, they should remove all home-based businesses from the area as well. Page 8 of 25

9 2.1 PUBLIC OPPORTUNITY TO SPEAK COLUMBIA DRIVE continued Daniel Martineau, 4029 Eighth Avenue: D. Martineau responded to the previous speakers by stating that many of the residents concerns come from the lack of communication between the CDC and the residents. Council thanked the members of the gallery for attending tonight s Council meeting and expressing their concerns. Council stated that the CDC has many uses and does not fit into just one zone and that is why the definition of Child Development Centre was added into the rezoning amendment, that has now be rescinded. The CDC is very important to our community. Mayor Bachrach informed the gallery that another public hearing would be scheduled if the CDC wants to pursue rezoning the property. This is a complex issue, not only to accommodate the CDC but to also balance concerns of the residents and the financial institution. Mayor Bachrach closed the Public Opportunity to Speak session at 8:51 p.m. Mayor Bachrach recessed the meeting at 8:51 p.m. and resumed the meeting at 8:56 p.m. Councillor Bandstra returned to the Chambers at 8:56 p.m. 3. APPROVAL OF MINUTES 3.1 REGULAR - AUGUST Brienesse/Adomeit THAT the minutes of the Regular Meeting of Council held August 12, 2014, be adopted, as amended by rescinding Motions , , and as stated above. Page 9 of 25

10 4. BUSINESS ARISING FROM THE MINUTES 14.1 VARY AGENDA - REVISED ITEMS MADE PUBLIC Adomeit/Northrup THAT Council vary the agenda to bring forward to this point in the meeting Item 14.1: 14.1 Revised Report ADM dated August 14, 2014, from S. Bassett, Acting Chief Administrative Officer, recommending items be made public from the Special (In-Camera) meeting held August 12, 2014, was presented ( ). AND THAT 14.1 replace Item 4.1 Items Made Public on the agenda: 4.1 Report ADM dated August 14, 2014, from S. Bassett, Acting Chief Administrative Officer, recommending items be made public from the Special (In-Camera) meeting held August 12, 2014 ( ). AND THAT the following be released: Alpine Village Estates - Perimeter Trail Brienesse/Adomeit THAT Council direct staff to discharge the trail Right-of-Way (ROW) on Alpine Village Estates (AVE) property. Direction was given to staff to advise Alpine Village Estate (AVE), in writing, of Council's decision to discharge the trail Right-of-Way on AVE property Northrup/Bandstra THAT Council direct staff to provide a report with alternative suggestions of where to permanently relocate that section of the trail Brienesse/Northrup THAT we release to the next public agenda to be held September 9, 2014, discharging the Right-of-Way as per motion number Page 10 of 25

11 14.1 ITEMS MADE PUBLIC continued continued Report ADM continued: Ranger Park Preschool Bandstra/Adomeit THAT the Town discontinue the Ranger Park Preschool Program THAT an amendment be made to motion number to include "effective January 1, 2015". OPPOSED: Councillors Brienesse and Goodacre. The main motion, as amended was voted on with the final wording being as follows: THAT the Town discontinue the Ranger Park Preschool Program effective January 1, OPPOSED: Councillors Brienesse and Goodacre. VARY AGENDA Adomeit/Goodacre THAT Council vary the agenda to bring forward Item 16 - Public Question Period to this point in the agenda, to allow for public comments for a duration of fifteen minutes. OPPOSED: BANDSTRA, BRIENESSE, DEFEATED. NORTHRUP, WRAY, AND MAYOR BACHRACH Brienesse/Wray THAT Council direct Staff to bring forward a report to include enrollment numbers over last 5 years, subsidy for program per child, loss for each year, subsidy loss per program, and subsidy per program versus the subsidy for hockey Northrup/Brienesse THAT Motion be amended by adding the wording "and allow Staff to bring forward any other relevant information". The main motion, as amended, was voted on with the final wording being as follows: THAT Council direct Staff to bring forward a report to include enrollment numbers over last 5 years, subsidy for program per child, loss for each year, subsidy loss per program, and subsidy per program versus the subsidy for hockey, and allow Staff to bring forward any other relevant information. Page 11 of 25

12 4.2 ITEM REGULAR AUGUST 12 Council agreed to discuss the Notice of Motion from Councillor Bandstra from the August 12, 2014, Regular Meeting of Council regarding shipping containers in the C3 Zone, in Section of the agenda. 5. PETITIONS AND DELEGATIONS 5.1 JOHN FISHER - PROPERTY TAX SHIFT Delegation from J. Fisher regarding "Property tax shift from improvements to site value" ( ). J. Fisher explained the benefits of shifting property taxes from improvements to site value. He explained that since the early 1900 s, British Columbia has had a history of Land Value Taxation (economic rent capture) and there was no property taxes on buildings. Two proposed tax shift scenarios where taxes are shifted off private buildings and improvements to community created site values include: 1) the first scenario is property tax revenue is based 50% on land/site assessment and 50% on building assessment; and 2) the second scenario is a tax shift from buildings to site value by exempting the median building value in each property class from the building value on each site. This means there are no taxes on buildings if their value is below the median in that class. The option to set different property rates for land and improvements would encourage development and improved maintenance of derelict buildings and vacant land. Some of the benefits of land value capture include better use of vacant lands, encourage infilling and reduce urban sprawl, and discourage land speculation. J. Fisher requested that Council send a letter to the Union of British Columbia Municipalities (UBCM) supporting both the City of Victoria s Resolution #2007-B72-Vacant and Derelict Buildings, Differing Property Tax Rates and the Town of Lake Cowichan s Resolution #2011-B24- Varying Tax Rates. In response to questions from Council, J. Fisher advised that: a) he would provide Council with the full copy of the Summary & Overview: Land Value Taxation For the Town of Smithers ; b) the UBCM last dealt with this issue in 2011; c) this tax shift is aimed at all tax classes and not just commercial; and d) this would reduce vacant land holding monopolies. Page 12 of 25

13 6. COUNCIL REPORTS 6.1. COUNCILLOR ADOMEIT None COUNCILLOR BANDSTRA NEW ARENA - AUGUST 19 The minutes of the New Arena Building Advisory Committee meeting held August 19, 2014, were presented Bandstra/Adomeit THAT Council authorize the Interior Colour Scheme for the New Arena building be as follows: Skate Floor black Rubber Base Johnsonite #191 Lazuli (Blue) Base Paint for doors and door frames CL 2317 Storm Chaser Blue Base Paint CLW 1037W Stoney Plain Ceramic Tile Glazed white with 12 wide blue band at 4 height. Toilet Partitions Hovik #949 Pacific Blue or Hovick #906 Colonial Blue Exterior metal doors and frames to match adjacent wall colour. Wood finish natural clear Countertops neutral or darker colour NEW ARENA - SEPTEMBER 3 The notes of the New Arena Building Advisory Committee tour held September 3, 2014, were presented Bandstra/Brienesse THAT Council approve the location of the New Arena sponsorship signage be located on the mechanical room wall in the main lobby area of the new arena BANDSTRA REPORTS Councillor Bandstra advised Council that he attended numerous community functions. Page 13 of 25

14 6.3. COUNCILLOR BRIENESSE BRIENESSE REPORTS Councillor Brienesse advised Council that he attended numerous community functions COUNCILLOR GOODACRE None COUNCILLOR NORTHRUP VISITOR STATS The Visitor Statistics from the Smithers District Chamber of Commerce for the period ending; a) July 2014 and b) August 2014, were presented ( ) RDBN UPDATE The dated August 29, 2014, from Councillor Northrup, providing highlights from the Regional District of Bulkley Nechako's meeting held August 14, 2014, was presented. Mayor Bachrach advised Council that the Regional District of Kitimat- Stikine, the City of Terrace, the Districts of Kitimat, Stewart and New Hazelton, the Village of Hazelton have created the Northwest BC Resource Benefits Alliance. This Alliance was established to seek early access to an equitable share of revenues from the massive economic expansion now underway in Northwest BC. Mayor Bachrach welcomed Director Stoney Stoltenberg, Rural Area A, Regional District of Bulkley Nechako (RDBN) to the meeting. Director Stoltenberg stated that the Provincial Government has made an overture to Kitimat, Terrace, and Prince Rupert for some monetary compensation due to the Liquid Natural Gas Project. The RDBN is disillusioned with the Province of British Columbia for leaving the entire north out of this revenue sharing agreement at this time NORTHRUP REPORTS Councillor Northrup advised Council that he attended the following: a) the Smithers and District Chamber of Commerce Executive meeting; b) the Smithers Volunteer Fire Department's Centennial Celebrations; and c) numerous community events. Page 14 of 25

15 6.6. COUNCILLOR WRAY None REPORT OF MAYOR BACHRACH MAYOR'S REPORT Mayor Bachrach presented his written report dated September 9, 2014 and congratulated the Smithers Volunteer Fire Department on their Centennial celebrations ( ) VARY AGENDA - CHANDLER PARK SOCCER FIELDS Adomeit/Brienesse THAT Council vary the agenda to bring forward to this point in the meeting Item 14.3: 14.3 Report dated September 9, 2014, from Mayor Bachrach, recommending the Town of Smithers apply to use the Regional District of Bulkley Nechako, Rural Area A - Gas Tax Funds for Chandler Park Field Upgrades, was presented ( ) Brienesse/Adomeit THAT Council direct Town Staff to work with the BV Soccer Society, the Regional District of Bulkley Nechako (RDBN), Rural Area A Director, and RDBN Staff on an application for $250,000 in Gas Tax Funds for upgrades to the Chandler Park soccer fields. Mayor Bachrach thanked Director Stoltenberg for the grant funding for the Chandler Park Field Upgrades New Arena Skate Flooring Bandstra/Wray THAT Council, in the event the Regional District of Bulkley Nechako does not ratify the $20,000 grant for the New Arena Skate Flooring, authorizes the $20,000 in funding to come from the in-kind donations for the New Arena Project. Mayor Bachrach thanked Director Stoltenberg for the grant funding for the purchase of the skate flooring to complete the walking area in the new arena. Page 15 of 25

16 7. STAFF REPORTS 7.1. STAFF (A) REPORTS DEPUTY APPROVING OFFICER Report ADM dated August 26, 2014, from S. Bassett, Director of Corporate Services, regarding the appointment of the Deputy Approving Officer, was presented ( ) Northrup/Brienesse THAT Council appoint Susan Bassett, Director of Corporate Services, as Deputy Approving Officer for lands within the municipality under Section 77 of the Land Title Act and under Section 23.3 of the Interpretation Act MUNICIPAL INSURANCE ASSOCIATION OF BC Report ADM dated September 2, 2014, from S. Bassett, Director of Corporate Services, regarding the Municipal Insurance Association of BC's voting delegate appointments, was presented ( ) Wray/Adomeit THAT Council appoint Councillors Bandstra and Brienesse as the two alternate delegates to be registered with the Municipal Insurance Association of BC (MIABC) for the purpose of voting at the Annual General Meeting of Subscribers of the MIABC STAFF (B) REPORTS MONTHLY REPORTS - JULY Monthly reports for July 2014: a) Airport; b) Development Services; and c) Fire, were presented MONTHLY REPORTS - AUGUST Monthly reports for August 2014: a) Development Services; b) Fire; and c) Works and Operations, were presented. Council asked Staff to consider installing a "multi-use pathway" sign along the new Fulton Avenue Walkway. Page 16 of 25

17 7.2.3 UPDATE ON PROPERTY TAXES Report FIN dated August 27, 2014, from L. Ford, Director of Finance, providing an update on property taxes, was presented ( ) BUSINESS LICENSE GUIDE Report DEV14-80 dated August 13, 2014, from A. Watson, Planner, presenting the new Business License Guide, was presented ( ) SHIPPING CONTAINERS Report DEV dated September 2, 2014, from A. Watson, Planner, regarding Shipping Containers, was presented ( ). 4.2 Mayor Bachrach brought back to the meeting Item 4.2 for discussion. 4.2 The Notice of Motion from Councillor Bandstra from the August 12, 2014, Regular Meeting of Council regarding shipping containers in the C3 Zone, was presented Bandstra/Adomeit THAT Council allow the use of shipping containers in the C3 Zone, provided: a) the shipping containers sit at level; b) the shipping containers are located behind the building, so as to be out of view from the street; and placed in the rear or side yard; c) the shipping containers are behind fencing, which must be a minimum of five feet in height, if the shipping containers cannot be located behind the building, and, if the fence is chain link, there must be lattice; d) the shipping containers are not placed for display or advertising purposes; and e) the shipping containers are not to encroach public view along trails and public spaces Northrup/Brienesse THAT Motion be amended by adding the wording "AND THAT Council directs Staff to draft a Zoning Bylaw Amendment to be reviewed at the October 14, 2014, Regular Meeting of Council". Page 17 of 25

18 7.2.5 and 4.2 SHIPPING CONTAINERS continued The main motion, as amended, was voted on with the final wording being as follows: continued THAT Council allow the use of shipping containers in the C3 Zone, provided: a) the shipping containers sit at level; b) the shipping containers are located behind the building, so as to be out of view from the street; and placed in the rear or side yard; c) the shipping containers are behind fencing, which must be a minimum of five feet in height, if the shipping containers cannot be located behind the building, and, if the fence is chain link, there must be lattice; d) the shipping containers are not placed for display or advertising purposes; and e) the shipping containers are not to encroach public view along trails and public spaces. AND THAT Council directs Staff to draft a Zoning Bylaw Amendment to be reviewed at the October 14, 2014, Regular Meeting of Council" SIDEWALKS Report DEV dated August 22, 2014 from A. Watson, Planner, regarding the construction, maintenance and financing of sidewalks, was presented ( ) Brienesse/ THAT Council proceed with Recommendation #1: Consider amending Schedule "B" to Bylaw No Subdivision Servicing and Development Standards" to only require sidewalk on one side of the street in M-1 Light Industrial zoned properties on collector and local roads. Require pathway connections, as required by the Approving Officer or Council. MOTION TABLED Brienesse/Bandstra THAT Council defer the discussion on Motion to a future Committee of the Whole meeting; AND THAT Council discuss the Report DEV dated August 22, 2014 from A. Watson, Planner, regarding the construction, maintenance and financing of sidewalks at the same Committee of the Whole meeting. Page 18 of 25

19 8. BYLAWS 8.1 BYLAW 1758 Councillor Bandstra declared a conflict of interest, as a member of the Christian Reformed Church and left the Chambers (10:36 p.m.). Report FIN dated August 28, 2014, from L. Ford, Director of Finance, introducing "Bylaw No and 2016 Permissive Taxation Exemptions" for readings, was presented ( ) Adomeit/Wray THAT "Bylaw No and 2016 Permissive Taxation Exemptions", be read a first and second time. OPPOSED: COUNCILLOR BRIENESSE Wray/Adomeit THAT "Bylaw No and 2016 Permissive Taxation Exemptions", be read a third time. OPPOSED: COUNCILLOR BRIENESSE. Councillor Bandstra returned to the Chambers (10:46 p.m.). 8.2 BYLAW 1759 Report FIN dated August 28, 2014, from L. Ford, Director of Finance, introducing "Bylaw No Five Year ( ) Financial Plan Bylaw No Amendment No. 2" for readings, was presented ( ) Wray/Brienesse THAT Bylaw No Five Year ( ) Financial Plan Bylaw No Amendment No. 2", be read a first and second time Wray/Adomeit THAT "Bylaw No Five Year ( ) Financial Plan Bylaw No Amendment No. 2", be read a third time. Page 19 of 25

20 9. CORRESPONDENCE (A) ITEMS 9.1 BLIX - TRAFFIC ON COLUMBIA DRIVE The letter dated August 26, 2014, from B. Blix, regarding the traffic on Columbia Drive and Town's response letter from M. Allen, Director of Development Services dated August 27, 2014, were presented ( ). Council directed Staff to conduct a traffic study in the area and present their findings. 9.2 EMPOWERING ENTREPRENEURS The dated August 25, 2014, from L. Niemetscheck, Forum for Women Entrepreneurs in British Columbia, inviting Mayor Bachrach to attend the "Empowering Entrepreneurs in Northern BC" business reception that is being held on Wednesday, October 15, 2014, Prince George, was presented ( ). 9.3 MLA DONALDSON The letter dated August 25, 2014, from D. Donaldson, MLA Stikine, regarding scheduling meetings at the upcoming Union of British Columbia Municipalities convention, was presented ( and ). Council directed Staff to advise MLA Donaldson of Council s Union of British Columbia Municipalities Convention schedule and to extend an invitation to join Council at these various meetings. 9.4 UNIVERSITY OF NORTHERN BRITISH COLUMBIA The invitation received September 3, 2014, from the University of Northern British Columbia, inviting Council to attend the Donor Appreciation Evening For Lifetime, Williston Circle, and Alumni Donors, being held October 3, 2014, in Prince George, was presented ( ). 10. CORRESPONDENCE (B) ITEMS - RECEIVE AND REPLY Page 20 of 25

21 11. CORRESPONDENCE (B) ITEMS - RECEIVE FOR INFORMATION 11.1 CITYWEST The letter received August 8, 2014, from D. Holkestad, CityWest, announcing CityWest has upgraded their network in Smithers, was presented ( ) COMMUNITY FUTURES The letter received August 11, 2014, from J. Botti, Community Futures Nadina, regarding commercial uses in the rural areas of the Regional District of Bulkley Nechako, was presented ( ) NORTHERN BRANCH OF THE STEELHEAD SOCIETY OF BC The letter dated August 10, 2014, from J. Culp, Northern Branch of the Steelhead Society of BC, letter to Premier Clark regarding the proposed Pacific Northern Gas looping pipeline, was presented ( ) CHANDLER PARK FIELD The dated August 11, 2014, from M. Howard, regarding the Chandler Park Field, was presented ( ) MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE The letter dated August 6, 2014, from D. Bowman, Ministry of Transportation and Infrastructure, regarding transportation services along Highway 16, was presented ( ) GREEN COMMUNITIES The letter dated August 9, 2014, from J. Schlosar and G. MacIsaac, Green Communities Committee, acknowledging the Town of Smithers for measuring and reducing the corporate greenhouse gas emissions for the 2013 reporting year, was presented ( ) MOISEY The letter dated August 19, 2014, from Dr. Moisey, thanking the Town for installing the new four-way stop sign on Queen Street, was presented ( ) DAVIES The letter dated August 20, 2014, from G. Davies, thanking the Town for reducing the speed limit along Third Avenue, was presented ( ). Page 21 of 25

22 11.9 LACHAPELLE The letter dated August 25, 2014, from M. Lachapelle, regarding the gravel road entrance at the Fairgrounds, was presented ( ) GAS TAX AGREEMENT The letter dated August 19, 2014, from R. Martin, Union of British Columbia Municipalities, regarding Gas Tax agreement Community Works Fund payment, was presented ( ). 12. CORRESPONDENCE (C) ITEMS 13. CORRESPONDENCE (D) ITEMS 13.1 Housing Burst from Crisis to Opportunity, BC s Non-Profit Housing Conference being held November 16 to 19, 2014 brochure, was presented Responsibility Report Barrick, was presented Sustainability Report Spectra Energy, was presented Northworks, , was presented N2K Need to Know Volume 1, Issue 5, August 2014, was presented Speaking of Children, BC Children s Hospital Foundation Summer 2014, was presented Annual Report Office of the Ombudsperson, Province of British Columbia, was presented A Framework for Implementing Community Paramedic Programs in British Columbia, by Maureen Evashkevich and Michael Fitzgerald, Ambulance Paramedics of British Columbia CUPE 873, was presented. Page 22 of 25

23 14. SUPPLEMENTAL ITEMS APPROVED FOR DISCUSSION 14.1 REVISED PUBLIC ITEMS See Item COLUMBIA DRIVE See Section CHANDLER PARK SOCCER FIELD See Section FORM LETTERS COLUMBIA DRIVE See Item CHILD DEVELOPMENT CENTRE COLUMBIA DRIVE See Item OTHER/NEW BUSINESS 15.1 ACAP FUNDING R. Blackburn, Airport Manager, advised Council that the Request for Proposals for the Airports Capital Assistance Program (ACAP) 4X4 Truck with 19ft Reversible Plow and the ACAP Towed Runway Sweeper have been issued and will close on September 30, INTERNAL COSTING OF ICE TIME Adomeit/Bandstra THAT Council direct Staff to prepare a report regarding the allocation of the cost of ice time for Town programs to reflect departmental costs versus arena operating costs; AND THAT the report be placed on the same Committee of the Whole meeting with the Report DEV dated August 22, 2014 from A. Watson, Planner, regarding the construction, maintenance and financing of sidewalks. OPPOSED: COUNCILLORS BRIENESSE AND WRAY. Page 23 of 25

24 15.3 COUNCILLOR NORTHRUP ELECTION ANNOUNCEMENT Councillor Northrup thanked the residents of the Bulkley Valley for supporting his public service over the past forty-one years, sitting on various Boards and Councils. Councillor Northrup announced that he did not intend to run for Council again in the fall. Councillor Northrup reminded members of the public of the upcoming Mayor and Councillor Information Evening being held on Wednesday, September 17, 2014, in the Town of Smithers Council Chambers. 15. COUNCILLOR BANDSTRA ELECTION ANNOUNCMENT Councillor Bandstra announced that he did not intend to run for Council again in the fall. 16. PUBLIC QUESTION PERIOD 16.1 CLOSURE OF RANGER PARK PRESCHOOL PROGRAM The following residents voiced their concerns over the process and decision to close the Ranger Park Preschool Program: a) Sherry Kelly; b) Ron Lapadat; c) Shelly Browne; d) Valerie Smith; e) Monique Garnett; f) Charla Kilback; g) Christine Konst; h) Michelle Storey; and i) Jane McCord. Some comments and concerns raised include the following: a) the Ranger Park Preschool Program is an Early Childhood Education Program. This Program includes 2.5 to 3 years olds; b) promotion of the Program was lacking; c) a shame to discontinue this valuable Program; d) move the closure date to June 2015 or January 2016 to allow for public consultation; e) the Ranger Park Building has undergone extensive renovations over the past few years, why close down the Program? f) this closure is a blow to Smithers position as a family friendly community; g) the Program provides children the opportunity to develop social skills and provides them with the basics for life; and g) the Program helps as an early identifier of developmental challenges, such as speech and hearing issues. Page 24 of 25

25 17. NOTICE OF SPECIAL (IN-CAMERA) MEETING(S) OF COUNCIL PURSUANT TO SECTION 92 OF THE COMMUNITY CHARTER Bachrach/Brienesse THAT, pursuant to Section 92 of the Community Charter, Council gives notice and exercises its authority and excludes the media and the public, except for municipal staff, from the Special (In-Camera) meeting being held Tuesday, October 14, 2014, at 6:00 p.m. to deal with matters falling under Section 90, subsections (1) and/or (2) of the Community Charter. 18. ADJOURNMENT Adomeit/Bandstra THAT the meeting be adjourned (11:37 p.m.). Taylor Bachrach Mayor Susan Bassett, Acting Chief Administrative Officer Certified a True and Correct Copy of the minutes of the Regular Meeting of Council meeting held Tuesday, September 9, 2014, at 7:30 p.m. in the Council Chambers, 1027 Aldous Street, Smithers, B.C. Susan Bassett Corporate Administrator Page 25 of 25

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