1)    Mogul Smoker 2008
Council approved the issuance of a special occasion license for the 2008 Mogul Smoker Event to be held at 50 Coal Creek Road and approved the request from Mr. Richard Belliveau, event organizer to allow liquor service at the event until 2:00 am on December 21, 2008.
2)    RDEK – ElkValley & South Country Emergency Program Service Establishment Bylaw No. 2124
The Regional District of East Kootenay proposes to adopt Bylaw No. 2124, cited as the “Regional District of East Kootenay – Elk Valley and South Country Emergency Program Service Establishment Bylaw No. 2124, 2008” which will include the District of Sparwood in a regional emergency program within Electoral Areas ‘A’ and ‘B’ the City of Fernie, District of Sparwood and District of Elkford.
Council consented on behalf of the electors of the City of Fernie to the adoption of the proposed RDEK Bylaw No. 2124. The maximum requisition for the proposed service remains the same as for the existing service in Electoral Areas ‘A’ and ‘B’, the City of Fernie and District of Elkford.
3)    Fernie Memorial Arena Concession Lease Agreement
Council authorized the Mayor and Clerk to execute the lease agreement on behalf of the City from December 15, to April 20th, 2011 with Kendar Holdings Ltd. who will operate the concession at the Fernie Memorial Arena.
4)    Disposal of City lands (grant of statutory right-of-way to BC Hydro for medium voltage transmission line and option to purchase 34 acre parcel of City land)
Council approved the agreement between 736402 Alberta Ltd., and the City of Fernie to provide compensation ($200,000) and additional compensation (repair and relocation of portions of the Coal Creek Heritage Trail) (the “SRW Compensation Agreement”) and authorized the Mayor and Chief Administrative Officer to execute the Agreement on behalf of the City.
Further to this, upon payment of the compensation pursuant to the SRW Compensation Agreement and posting of security as required for the trail repair and relocation, City Council will approve the disposal (grant of statutory rights-of-way to BC Hydro and Power Authority) of City lands over Lot 1, District Lot 4589, Kootenay District Plan NEP20274 and Lots 2, 3, 4 and 6, District Lot 4589, Kootenay District Plan NEP22339 and authorized the Mayor and Chief Administrative Officer to the execute the statutory rights-of-way on behalf of the City.
City Council also approved the disposal (entering into an Option to Purchase Agreement) of City lands (Lot 1, DL 4589, KD, Plan NEP22339 – 150 Coal Creek Road) to 736402 Alberta Ltd. and authorized the Mayor and Chief Administrative Officer to execute the Option to Purchase Agreement on behalf of the City and to do all acts & deeds and execute such documents as are required to fulfill the intent of that Agreement.
The Option to Purchase Agreement includes, among other things,: a purchase price of $1,200,000; a non-refundable option fee of $120,000 (forms part of the purchase price if the option is exercised) permitting the option to be exercised until May 31, 2009; an Option extension on payment of a further $50,000 until August 31, 2009; consolidation of the lands with adjacent lands of the purchaser; registration of a restrictive covenant providing that the lands and other lands owned by 736402 Alberta Ltd and 743134 BC Ltd will not be subdivided nor any buildings constructed until certain conditions pertaining to construction of an 18 hole golf course are met.
These agreements further the efforts to develop the proposed Coal Creek Golf Resort Community.
5)    Disposal of Lots
Council approved the Agreement of Sale and Purchase of Lots 4 & 5, Block 9, District Lot 4588, Kootenay District Plan 734 (431 and 441 1st Avenue) for the sum of $103,000 to S.V. Ski Base Ltd., with the proceeds from the Sale to be deposited to the credit of the Land Development Reserve Fund. A restrictive covenant will be registered against title to the lands providing that they may only be used for vehicle parking for adjacent lots on which a mixed commercial and residential development is proposed.
6)    Windrow Clearing Policy – Amendment
Council approved the following amendment to the recently adopted Windrow Clearing Policy with regards to Eligibility:
e)  Applications made on behalf of a disabled resident whose primary caregiver’s are capable of snow removal but who are unable to do so due to the disabled resident’s need for constant care may be considered provided the application is made under the recommendation of the disabled residents physician.
7)    Smokey Mountain Charters & Tours – Evening Shuttle
Council reviewed the November 24, 2008 letter from Smokey Mountain Charters & Tours Ltd. and moved to not provide financial support to the company to provide an evening shuttle service between the Fernie Alpine Resort to the City of Fernie. Council noted that Smokey Mountain Charters is going to provide the service as a commercial venture and a user fee charged for that service.
8)    Bylaws
Bylaw No. 2080, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 86, 2008 for Finnigin’s Storage – 17 Ktunaxa Road was adopted. The Bylaw amendment permits a residential unit on that lot only in the service commercial zoning district.
Bylaw No. 2085, cited as Zoning Bylaw No. 1750 Amendment Bylaw No. 88, 2008 to amend the text of the CD-1- Comprehensive Development One Zone Zoning District and rezone certain lands CD-1 – Comprehensive Development One Zone and to designate CD-1 – Comprehensive Development One Zone sub areas was introduced and amended at first reading, read a first time as amended and granted second reading. Council also authorized staff to initiate a referral process to be undertaken prior to the statutory public hearing for Bylaw No. 2085.
The Bylaw rezones certain lands for the proposed Coal Creek Golf Resort Community and designates sub-area zone uses on the lands to facilitate the construction of a golf course and associated resort residential and commercial development.
Bylaw No. 2086, cited as Zoning Bylaw No. 1750 Amendment Bylaw No. 89, 2008 for Marko Maryniak at 1241 3rd Avenue was adopted. The Bylaw rezones the subject property to R1-B, Single Family Detached plus Residential, and authorizes the use of an accessory building for residential use.
Bylaw No. 2087, cited as Sewer Treatment Plant Temporary Borrowing Bylaw No. 2087, 2008 was adopted.
9)    In keeping with the ‘Holiday Spirit’ Council moved to provide each of the current City Employees with a Gift Certificate to be redeemed at various businesses in town in recognition and appreciation of their work and service over the past year.
10)    George Majic Spiritus Award
Mayor Corrigan presented Mr. Doug and Wilda Quail with the George Majic Spiritus Award for 2008 and noted their long history and service to the citizens and City of Fernie.
11)    The Salvation Army Food Bank
Council also moved to donate $1500 dollars to ‘The Salvation Army Food Bank’ to provide support and assistance to people in need in Fernie over the holiday season.
12)    BP Canada Energy Company – Mist Mountain     Coalbed Gas Project
Representatives from BP Canada Energy Company are planning to attend the January 12, 2009 Regular Council Meeting to provide Council with an update on the Mist Mountain Coalbed Gas Project and further, to discuss the details of the recent tenure decision made by the British Columbia Government.
At the December 15, 2008 meeting Council passed the following resolution with regards to requesting BP to provide documentation relating to their community consultation in the Elk Valley:
Whereas the Provincial Government has granted tenure to BP Canada for the exploration of coal bed methane in the Crowsnest Coalfield and:
Whereas BP Canada has accepted an invitation by the City of Fernie to present at the council meeting of January 12, 2009; and
Therefore, in the interest of transparency and an informed dialogue, be it resolved that while respecting the confidential nature of consultations with First Nations, BP Canada be requested to provide all existing documentation previously provided to the Provincial Government relating to their community consultation in the Elk Valley to the City of Fernie one week prior to Council’s January 12, 2009 meeting with BP Canada.
The City of Fernie would like to wish everyone
Health and Happiness for the New Year!