By Nowell Berg
City of Kimberley council met at its bi­-monthly meeting (August 22) where several reports were filed, presentations made and city business conducted. Here is a summary of city business conducted at the meeting.
Mountain Spirit Lodge Zoning Amendment
Richard Howarth of Howarth Development Consulting, representing 65 of 68 owners at Mountain Spirit Lodge (MSL), made a presentation regarding proposed zoning amendments to the property at 400 Stemwinder Drive.
The issue, according to Howarth, is a zoning restriction that only allows the units in the resort to be used for rental purposes.
Investors who buy a unit are not allowed to use their unit for personal use. He writes in the permit application, “This restriction has impacted many strata lot owner’s ability to utilize their units as they would prefer to retain their unit for their exclusive use or to occupy the unit on a full ­time basis.”
The group of owners he represents are requesting a zoning amendment that would allow “for residential use when such units are not occupied for tourist accommodation use.”
Howarth admitted there are unit owners currently using units for personal use which violates the zoning restriction. He added owners were not seeking to withdraw the unit from the “rental pool.” They only want to be allowed to occupy a unit they own, when it is not rented which would likely be during the “shoulder season,” March to May and September to November.
After Howarth’s presentation much discussion ensued among Councilor’s. It entailed asking about the history behind the zoning restriction and is this zoning restriction found in other Alpine area neighbourhoods (Trickle Creek, Polaris Lodge).
Councilor Roberts posed the latter question to Troy Pollock, Manager, Planning Services, City of Kimberley. He said there is “separate zoning for the Alpine area.” Trickle Creek and Polaris Lodge were zoned “primarily residential,” while MSL is zoned “non-residential.” Pollock further added that owners at MSL were not totally restricted from using their unit. All they would need, in order to use their unit, was to “book it through the system.”
This raised several queries from Coun. Hoglund and Roberts about the mixture of zoning restrictions across different neighbourhoods. To which Pollock responded by saying it had to do with “different covenants” on different properties thus the mixture of restrictions across the Alpine. Couns. Roberts, Goodwin and Hoglund suggested the need for a briefing from Administration on the different zoning restrictions and the history behind them at MSL.
Mayor Don McCormick indicated that “covenants” were not city responsibility and the city had no access to them or what they may contain.
The Mayor then outlined two options before council:
1 – Pass first reading on the proposed zoning amendment which would trigger a public hearing followed by a “briefing” from Administration and then deliberation by council;
2 – Delay first reading and start with a “briefing” from administration followed by first reading and a public hearing.
Coun. Goodwin suggest the need to consult with Resorts of the Canadian Rockies (RCR) and Tourism Kimberley about possible impacts the MSL zoning amendment would create.
Mayor McCormick urged Council to vote for option one so as to get the public hearing underway sooner that way “everyone hears everyone.” Information along with pro and con opinion should be at a public hearing with everyone present and working from the same page.
Coun. Hoglund moved Council adopt option two, delay first reading, seconded by Coun. Roberts. In brief discussion, Coun. Oakley ndicated the need to move “faster” and that “folks were here ready for a decision” on passing first reading of the proposed amendment.
There were still six or seven people present in a usually empty gallery.
Hoglund calls the question. The Mayor asks for a vote. The motion in favour of option two passes five to two. Coun. Oakley and Mayor McCormick opposed the motion.
Cemetery loses money four of last years: Fees to rise sharply
A Cemetery Bylaw Amendment put before council would significantly increase fees for interment at Kimberley and Marysville cemeteries.
The city received a letter from Mr. Sean Siset, Manager Compliance, Consumer Protection BC. This agency administers the legislative requirements set out in the Cremation, Interment and Funeral Services Act (CIFS Act), the Cremation Interment and Funeral Services Regulation (CIFSR) and the Business Practices and Consumer Protection Act (BPCP Act).
On June 28, Siset conducted compliance inspections of the Kimberley and Marysville Cemeteries that “included examination of banking records, contracts, and other representations.”
He found several deficiencies some of which were brought to the city’s attention back in October, 2008. In his letter Siset said, “some of the non­compliance with the provisions of the BPCP Act and CIFS Act and CIFSR have apparently persisted since 2008.”
Siset’s inspection found seven items where the cty is non-compliant with the Acts governing the operation of a cemetery.
Most of these dealt with the Cemetery Bylaw being out of date and not consistent with governing legislation noted above. His full letter can be found here on page 123 of the Council agenda and attachments.
For citizens and possible cemetery users the biggest concern from Siset’s findings was that “the City of Kimberley’s fee structure for its cemeteries was outdated and required increases to keep up with industry standards. The cemetery operational budget has been running at a loss four out of the last five years.”
To say the least, these revelations caught many on council off guard, including the Mayor. Coun. Goodwin pointed out that non-compliance had been reported back in 2008 with nothing done to rectify deficiencies.
Coun. Hoglund asked if there were any options for “phasing in any rate increase.”
Mayor McCormick said this was a case where council “needs a heads up” on this type of information, particularly non-compliance and budget loses.
The Cemetery Bylaw Amendment was not passed by Council. Instead, they referred the matter to the Committee of the Whole for detailed study and review before returning to council for deliberation.
SunMine banks spare parts
A request came forward from Kevin Wilson, Economic Development Officer, City of Kimberley, that “Council authorize the purchase of $36,106.08 in spare parts to be funded from the SunMine Reserve.”
On June 22, the City of Kimberley became “responsible for operating and maintaining SunMine” when the one­year parts and labour warranty from Conergy expired.
Consequently, Wilson recommends a spare parts inventory “to maximize revenue generation and minimize system down­time.”
Coun. Oakley pointed out the Reserve fund only had a balance of just over $19,000 and that only that amount be used to buy spare parts.
Mayor McCormick said the “2016 net revenue is projected to be $202,375. The SunMine Reserve balance is projected to be over $22,000 at the end of 2016.”
Essentially sufficient money will be in the Reserve fund to cover the total parts request.
Council voted unanimously to purchase the requested spare parts.
Kimberley City Council meets twice monthly. All meetings start at 7 p.m. and are open to the public. Check the City’s website here for each meetings agenda. Just click on the 2016 folder.
The next Council meeting is 12 September. It will be the only meeting that month because the Mayor and several Councilor’s will be away at the end of September attending the Union of BC Municipalities (UBCM) Convention in Victoria.
It’s your city, get involved.
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