Development Cost Charges (Alice Siding) Bylaw 1463 (consolidated to December 15, 2009) — full text, Creston, British Columbia

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TOWN OF CRESTON Consolidated to December 15, 2009 BYLAW NO. 1463 A bylaw to impose Development Cost Charges WHEREAS pursuant to the Local Government Act, Council may, by bylaw, impose development cost charges under the terms and conditions of Sections 933 to 937; AND WHEREAS the development cost charges may be imposed for the sole purpose of providing funds to assist the Town in paying the capital cost of providing, constructing, altering or expanding road facilities, water mains, sanitary sewer, and storm drains in order to serve directly or in-directly, the development for which the charges are imposed; AND WHEREAS in fixing development cost charges imposed by this Bylaw, Council has taken into consideration future land use patterns and development, the phasing of works and services, and whether the charges: (a) are excessive in relation to the capital cost of prevailing standards of service; (b) will deter development; (c) will discourage the construction of reasonably priced housing or the provision of reasonably priced land in the Town; or (d) will discourage the development or redevelopment of commercial or industrial properties which would otherwise provide employment and economic diversity and stability in the community; AND WHEREAS in the opinion of Council the charges imposed by this Bylaw are: (a) related to capital costs attributable to projects included in the capital budget of the Town; and (b) related to capital projects consistent with the Official Community Plan of the Town; AND WHEREAS in the opinion of Council, no additional land is necessary to develop public parks; NOW THEREFORE the Council of the Town of Creston, in open meeting, assembled enacts as follows: 1. This Bylaw may be cited as "Development Cost Charges (Alice Siding) Bylaw 1463". 2. Definitions: "Applicant" means a person who applies for a Development. BL#1712 "Commercial" means a building or structure used or intended to be used for commercial purposes in all commercial zones including C-1 (General Commercial), C-2 (Local Commercial), C-3 (Tourist Commercial) and C-4 (Licenced Commercial) and HSC (Highway and Service Commercial) zones as included in Zoning Bylaw 1123 and future amendments thereto. BL#1712 "Development" means (a) approval of a subdivision, or (b) a building permit authorizing the construction, alteration or extension of a building or structure. BL#1712 "Development Cost Charges" or "DCCs" means the Development Cost Charges prescribed by Schedule "B" of this Bylaw, as applicable. BL#1712 "Floor Space Area" or "FSA" means the total area of all floors in a building measured to the inside surface of the exterior walls, excluding areas required by Town of Creston bylaws to be provided for parking motor vehicles and storing bicycles. BL#1712 "Industrial" means land used or intended to be used for industrial purposes in all industrial zones including M-1 (Light Industrial) and M-2 (Heavy Industrial) zones as included in Zoning Bylaw 1123 and future amendments thereto. BL#1712 Consolidated Bylaw 1463 Page 2 of 3 "Institutional" means a building or structure used or intended to be used for non-profit cultural, recreational, religious, social, library, school, government, hospital, or educational purposes. BL#1712 "MFU" means a building or portion of a building containing 4 or more self-contained dwelling units. BL#1712 "Residential" means dwelling units used or intended to be used for residential purposes only in all residential zones including R-1 (Single Family Residential), R-2 Zero Lot Line Residential), R-3 (Multi Family Residential), R-4 (Apartment Residential), R-5 (Rural Residential) and R-6 (Mobile Home Park Residential) zones as included in Zoning Bylaw 1123 and future amendments thereto. BL#1712 "SFU" means a building consisting of one self-contained dwelling unit. BL#1712 "Specified Area" means the area outlined in black as shown on Schedule "A", which is attached to and forms a part of this bylaw. BL#1712 3. (1) This Bylaw applies to and is enforceable within the Specified Area. BL#1712 (2) AnApplicant must, at the same time a Development is granted and prior to the issuing of the Development, pay the Town of Creston the Development Cost Charges prescribed in Schedule "B" for the category of Zone designation, defined in this bylaw, of the land on which the Development is located and, if the Zone is Residential, for the number of dwelling units authorized by the Development, subject to section 4 of this bylaw. BL#1712 4. Section 3 (2) of this Bylaw [payment of DCCs] does not apply in any of the circumstances exempted from payment by section 933 of the Local Government Act. BL#1712 5. The Development Cost Charges prescribed in the table on Schedule "B" for the purposes of section 3 (1) of this bylaw, are calculated as follows: BL#1712 (1) for a Development defined in this bylaw as Industrial, the amount set out for each type of capital project listed in the table is multiplied by the site area measured in hectares or fraction thereof; BL#1712 (2) fora Development defined in this bylaw as Commercial, the amount set out for each type of capital project listed in the table is multiplied by the FSA measured in square metres or fraction thereof; BL#1712 (3) for a Development defined in this bylaw as Residential, the amount set out for each type of capital project listed in the table is multiplied by the number of dwelling units; and BL#1712 (4) for a Development defined in this bylaw as Institutional, the amount set out for each type of capital project listed in the table is multiplied by the FSA measured in square metres or fraction thereof. BL#1712 6. If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the portion that is invalid shall not affect the validity of the remainder. 7. Development Cost Charge Bylaw's No. 839 and No. 898 including any amendments thereto, are hereby repealed. Consolidated Bylaw 1463 Page 3 of 3 8. The Stakeholders/public information meetings were combined and held on January 18, 2005. 9. The required municipal assistance factor has been calculated at 50% as shown on Schedule "B". 10. The schedules attached to this bylaw form an integral part of and are enforceable in the same manner as this bylaw. BL#1712 11. This Bylaw shall come into full force and effect upon adoption. BL#1712 READ A FIRST time by title and SECOND TIME by content this 31° day of January, 2005. A SECOND PUBLIC FORUM was held on the 14" day of February, 2005. READ A THIRD time, as amended this 7th day of March, 2005. RECEIVED THE APPROVAL OF THE INSPECTOR OF MUNICIPALITIES of the Province of British Columbia, pursuant to the provisions of Section 937 of the Local Government Act, on the 6th day of May, 2005. ADOPTED this 24" day of May, 2005. "Joe Snopek" "Gwen Mason" Mayor Joe Snopek Deputyeor Director of Corporation Administration Schedule "A" to Bylaw 14687 SCHEDULE "A" Fes I iW | a See \ =r HA + eae | | (----___. Schedule "B" to Bylaw 1463 SCHEDULE "B" DEVELOPMENT COST CHARGES 1. Development Cost Charges The amounts set out in the table below are the Development Cost Charges payable, in Canadian Dollars, under section 3(2) of this bylaw and must be calculated in the manner prescribed in section 5 of this bylaw: TABLE OF DEVELOPMENT COST CHARGES (1% ASSIST FACTOR) Capital SFU MFU Industria Commercia Institutiona Project (per unit) (per unit) I I I (per m? floor (per m? floor (per m? floor space area) space area) space area) | |g 257064] 175406] s1440| ss tase | $ 18.52 | re es GG rs sO BL#1712 Supplements to Bylaw 1463 SUPPLEMENTS TO TOWN OF CRESTON DEVELOPMENT COST CHARGES BYLAW 1463 The follow resource documents were referenced in establishing the Development Cost Charges for area formerly known as Alice Siding: Appendix "1" - Dayton & Knight's Report: Alice Siding Comprehensive Development Planning Study (Originated March 27, 1997) (Attached) Appendix "2" - Dayton & Knight's Report: Alice Siding Comprehensive Development Planning Study - Computer Printouts (Revised November 26, 2004) (Attached) Appendix "3" - Ministry of Community, Aboriginal and Women's Services - Best Practices Guide (www.mcaws.gov.bc.ca/lgd/irpd/growth/PUBLICATIONS/dccguide.pdf) Appendix "4" - Ministry Submission Summary Checklist (Attached) a ee ' y 4 TOWN OF CRESTON a a | . ALICE SIDING a COMPREHENSIVE DEVELOPMENT a PLANNING STUDY i a 4 g a --_--_--_-- : TOWN OF CRESTON d ALICE SIDING { COMPREHENSIVE DEVELOPMENT | PLANNING STUDY gj | DAYTON & KNIGHT LTD. : onsulTing ngineers Appendix "3" to DCC Bylaw 1463 Ministry of Community, Aboriginal and Women's Services - Best Practices Guide (www. mcaws.gov.bc.ca/Igd/irpd/growth/PUBLICATIONS/dccguide.pdf) Appendix "4" : Ministry's Submission Summary Checklist er Ministry of BRITISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services eee MINISTRY SUBMISSION SUMMARY CHECKLIST (to be completed by local govemment) MUNICIPALITY/REGIONAL DISTRICT "Tow RESTON DCC BYLAW(s) NO.(S) _ 1443 Is this bylaw a New DCC Bylaw O Major DCC Bylaw Amendment 0 Minor DCC Bylaw Amendment Complete checklist by marking the appropriate boxes, and providing references to background material and other requested information. If DCC's are established on a basis other than the DCC Recommended Best Practice, please provide a brief explanation for the approach used. If space is insufficient, feel free to reference pages in submission where this is covered or append additional pages. : Submission DCC Recommended Best Practice Page reference 1. Did the development of this DCC bylaw include: @ a full public process? j Soman @ input from stakeholders? poendix ss) @ Council input only? Why? PRepAked & "Une = PB Tee mation MeetNGs HELD. eee eee 2, Are the Road DCC's established: Bylaw 1463 . O ona municipal-wide basis? wy @ onanarea specific basis? chedvle "A Why?_DC¢é. AREA Js WHELE Loads He DEL CET. EXISTING KOCADS ARE BE NG MAIKTAIWED AND RESULT Feo GEwegnc Reve LE eee 3. Are the Storm drainage DCC's established: O onamunicipal-wide basis? ("onan area specific basis? Why?_Déc, AZEA 1S WHERE STeRM sewers ARE LEQUIiILED eee meee Submission Summary 1 ee Ministry of Brit ISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services TT Submission DCC Recommended Best Practice Page reference | Are the Sanitary sewer DCC's established: O ona municipal-wide basis? a on an area specific basis? Are Water DCC's established: O ona municipal-wide basis? @ onanarea specific basis? | Why?_EXtePT eR TREATMENT Fruits OTs soo ----------_-. 9 Are Park land and park land improvement DCC's established: @ ona municipal-wide basis? O on an area specific basis? Why?_E¥isrina AveDdiv sion AY ire APPLES TU L. HOLE Town Ww. ----_------. so eee ee Existing park standards/holdings Park standards for DCC purposes 7. Is the DCC time frame: , O a specific term ( Years) tied into the time frame of the \ CEP? ( 0 build out tied into the time frame of the CEP? \ w other Gn Guiné - PRICRITIES RESET. ? { Why? Ax wu Y, UNTO FUNDS Ate ACCUMULATE' To MAKE A ote I BuTyip . ooo ' ee ( ( ( Submission Summary ; 2 ( ' ies Ministry of BRITISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services eee Submission DCC Recommended Best Practice Page reference ee MLS 15 11) Are residential DCC categories established on the basis of: & density gradient? O building form? 0 other ? | Why? BASED ON Zoning 4 O€P_ AYL AWS. | eee é 9.(a) | Are residential DCC's imposed on the basis of: & development units? Q floor space? ; O other ? Why? THis Js e ROUTH AED. --_____. a 9.(b) | Are commercial and institutional DCC's imposed on the basis of: | O floor space? | O other LOT AEA (HA's) ? | Why?_A_LAWA Asse M@LY Witt BE REQWRED Te SATISEY AMY MATCL COMMERCIAL OR | DivdisT Ri Ae DEVELCPMENWT. | i eee 9.(c) | Are industrial DCC's imposed on the basis of: @ gross site area? | QO other 2? | | Why?_LARGE INDUSTeING Zone Wile ALs0 | Re (AMIRE LAROD 7A 2sEthey PROCOSALS. 1 | | ee Submission Summary 3 | eo rd . @ as 2 7 aa "er Ministry of P| BRITISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services = eee ; ; = DCC Recommended Best Practice Page = reference - 10. Is the DCC program consistent with: - @ the Municipal Act? -" w Regional Growth Strategy? al @ Official Community Plan? - : @ Master Transportation Plan? - @ Master Parks Plan? on ® Liquid Waste Management Plan? oo" OQ Affordable Housing Policy? a Why not? ai eee eee on 11. Are DCC recoverable costs, consistent with Ministry policy, clearly a identified in the DCC documentation: on & Cost allocation between new and existing? ; w Grant Assistance? " & Developer Contribution? pa & Municipal Assist Factor? on & Interim Financing? onl w Interest on long-term debt is excluded? QO Other? -" on Why? o -" eee ps eee -" Is capital cost information provided for: . om @ Roads? Ref. 22.1.4 | gum w Storm Drainage? Ref. 7.2.4 ~*" G Sanitary Sewer? Ref. 2.2.3 om W Water? Ref. 2224] axl QO Park land? Ref. - 0 Park land improvements? Ref. re pe "| Submission Summary 4 | <a we Ministry of BRITISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services aR REEREEREeeennenneneenemneenene ee . Submission DCC Recommended Best Practice Page ; reference 12. Does the municipal assist factor reflect: Apneodix "\," & the community's financial support towards the financing of services for development? : O other | | Why? NO PHASE En. _ | RR i Has a municipal assist factor been provided for: 2 | | G Roads? Assist factor ___ =" _% Bylaw (te i. | 0 Storm Drainage? Assist factor ___2«"_% Schedule "R | 0 Sanitary Sewer? Assist factor 5C___ % . a Water? Assist factor SO % 3 Park land? Assist factor __5.> _% | G Park land improvements? Assist factor 30% i | 13. Are DCC's for single family developments to be collected: | . @ at the time of subdivision approval? O other ? Why? Cred LEVER AVAL ARLE TO Guarantee | COMPLE TICN eee SSeS 14. Are DCC's for multi-family and non-residential land uses to be collected: DO atthe time of building permit issuance? | O other? | eee Submission Summary 5 = os al on we, on *or Ministry of a BRITISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services . See | ol Submission al DCC Recommended Best Practice Page = ; reference - 15. Is a DCC monitoring and accounting system to provide a clear basis for al the tracking of projects and the financial status of DCC accounts: " Y in place? QO to be set up? ai Why not? on eee a eee | eee 16. Is a Suitable period of notification before a new DCC bylaw is in effect, _ knewn as a grace period: = provided for? om QO other ? o* Why not?__Have Been WerkKiG cn THs Ryu pn FoR Twi YEAR s. om ad eee cee a 17.(a) | Does the DCC bylaw set out the situations in which a DCC credit or on rebate are to be given? om" Oo Yes ow WY No o 17.(b) | If no, has Council adopted a policy statement that clearly identifies - situations in which a DCC credit or rebate should be given or would be a considered by Council? os oO Yes a @ No = If yes, a copy of the policy statement is included with this submission. Ref. al | 17.(c) | Is a copy of the policy statement available to all stakeholders? al Oo, Yes om w/ No on If no, why not? eee " eee = a al Submission Summary 6 " ] | | one Ministry of BRITISH Municipal Affairs Municipal Financial COLUMBIA and Housing Services ' wo ! Submission | DCC Recommended Best Practice Page |. aC ference_ | 18. Has a process to provide for minor routine amendments to the DCC bylaw to reflect changes in construction and other capital costs: | & been established? | O not considered necessary? | O other Te? SS} 19. Has a process to provide for major amendments to the DCC bylaw, involving a full review of DCC issues and methodology, to be completed not more than once every five years: ; O been established? & not considered necessary? O other ? Why? Wit, BE REP i SIDEVED Witt CCF And | Zee eG PYtAw REVIEWS -- 5-1O YEE BASIS. NO | Contact Wh Hun Nf ten. Position Cuer Anrani iste Arie Phone (2) 49% 224 | 7 J a= OFF WEE *Signed by -- Pay, Position CHieg AdrinteteAtive OFFICER * one of Head of engin ering, finance or planning Signed by (second signature optional) Position | | Date cc: Engineering, Planning, Finance (as appropriate) | Submission Summary 7 | Ministry of Municipal Affairs Municipal Financial and Housing Services MUNICIPALITY: TOWN OF CRESTON , SUMMARY OF DCC'S - BYLAW NO.(S). 1463 Residential Industrial Commercial SFU - $/unit MFU - $/unit Cost - $/ha Cost - $/ha 3,035.87 2,069.91 42,538.84 54,686.62 Storm Drainage 1,084.24 739.26 15,192.46 19,530.95 Sanitary Sewer 1,142.48 778.96 16,008.45 20,579.97 poking | | ST Park Land Improvements ee See Se /Subtotals | $8,728.23 | $ 5,951.07 $122,300.46 | $157,225.69 50% Municipal Assistance $ 4,364.11 $ 2,975.53 $ 61,150.23 $ 78,612.84 Total Charges $ 4,364.12 $ 2,975.54 $ 61,150.23 $ 78,612.85 a POE IV EF POLO, O1L.00 cs Appendix "5" A ; Developers Stakeholder . Meeting Report CONFIDENTIA Letter# 7 F Inter-Office Memorandum File # File No. 3150.01 { A To: Mayor and Council Members ion |. U yon. 2 f From: Wm. F. Hutchinson, Chief Administrative Officer | x ao Date: January 19", 2005 / Subject: Development Cost Charges - Stakeholder's Meeting of January 18, 2005 en Approximately 21 persons attended the Stakeholder's Meeting, with strong representation from Council and staff, as well as the Town's engineering consultant Jerry Sklenar from Dayton & Knight, who prepared the study. The meeting was advertised in two previous issues of the local newspaper. Ten affected residents attended and availed themselves of the opportunity to become informed. Two surveys were completed at the meeting, two others were taken and will be forwarded by mail. Of the two questionnaires submitted, one was completely in support of the Development Cost Charge concept, and one was concerned for the impact to birds and waterfowl, if 10" Avenue is constructed. Mr. Sklenar advised that the Ministry of Community Aboriginal & Women's Services' Best Practices Guide requires a minimum of 1% assist factor, and that is the only decision that Council must make for staff to proceed to the bylaw preparation process. It would appear that based on this turn out, the issue of Development Cost Charges is not of concern to the property owners in the Alice Siding area (North) of the Town of Creston. / / ( A £4 Lhe he a fm. FHuxchinsdn, A.Sc.T., CMC Chief Administrat|ve Officer WFH:bjc N:\DATAWp60\CAO\2005\Council Memo re DCC - Jan.wpd . Ory ' OIUIN TIN Orie JA UARY 18, 2005 - OPN HOUSE Srna! DCC's for Former Alice Siding Area [hoon [uel |aytt ark Cut Louse layauter | Liss Strom | 89 Bale A Crete fn | Chasm Tewy Herman | c/o Stamond Siadeem | [eo Yoaoepec | Touin el Cherrns Dawe hay | oC ino Fina qa oF CRE Pk Qe trehew| 06 Memeo Wve [Sn hukms | dito L soe: 'DCC's for Former Alice Siding Area " Bandy Ellen Sit ars publyd OS REQUEST FOR COMMENIS a JA. .JARY 18, 2005 - OF -N HOUSE beresra DCC's for Former Alice Siding Area Please provide your name:_»u'd Sten and your address: ST Belson Kd. and any comments you have that are relevant to the proposed Development Cost Charges for the former Alice Siding Area: ay mde cade oo Flonein 3 raanre Fac turn. a Los ness <a Ww tne east sde of Glaser Creek so 7 enjoy TE mw ceservor 18 dug nte Hug lane Youre \oSa he babibect tor pheasants , redwirged blackbirds, od "Gor develo meet Men certawr| ev Ss Wh Thank you for your comments. Please leave this form at the sign in table, on your way out. Wm. F. Hutchinson, Chief Administrative Officer Town of Creston 3 = JANUARY 18, ZUUD - OPEN HOUSE ; nae DCC s for Former Alice S._ing Area Oo RAN PY Please provide your name_Exiev SAmuarsed and your address:_/5/9 AV. Bevp and any comments you have that are relevant to the proposed Development Cost Charges for the former Alice Siding Area: _O00p TO se Pe PAS. WE'RE IN EAR W SUPPORT tl fx77 WE'VE SEE. Ptese Keee lis Posmmc Dw) WE PROMRESS + Ay yp wPyuT we Cth) PROVIDE Thank you for your comments. Please leave this form at the sign in table, on your way out. VWWm. F. Hutchinson, Chief Administrative Officer Town of Creston legislation to allow interest costs approved by Municipal Assist Factor the Inspector of Municipalities but this provision . has not yet been brought into force.) In practice, Section 933 (2) of the Local Government Act this section has been interpreted by MMA to states that the purpose of DCCs is to provide include any or all of the following scope of funds to "assist" the local government to pay the capitalized activities: costs of municipal parks and infrastructure. By ; not allowing 100% of the development related * planning; ; costs to be charged to new development, the * public consultation; legislation implicitly requires an "assist factor." & * engineering design; 7 As a matter of Ministry policy, a requirement * right-of-way or parkland acquisition; exists for local government to provide a level of * legal costs; financial assistance. The municipal assist factor * interim financing; is separate from any allocation of costs made * contract administration; between new development and existing users. . construction, No guidance is provided by the Ministry as to the * contingencies; and, magnitude of the assist factor; some local * Goods and Services Tax (GST) (net 3% for government have set it as low as 1% (i.e., 99% local governments). of the development related capital costs are borne through DCCs), while others have set it as - high as 50%. This factor reflects Council's Recommended Best Practice desire to encourage development and is largely liti ision. DCC recoverable costs should 2 Polltical decisio be clearly identified in the DCC documentation and must be Recommended Best Practice consistent with Ministry provisions. The municipal assist factor is a discretionary vehicle which Interim financing is the short-term debt financed connatnliy's Erepoiat clpport by the local government prior to the receipt of towards the financing of services contributions from other sources, such as for development. government grants, and this financing cost is recoverable through DCCs. _ . The municipal assist factor may be amended As a matter of Ministry policy, inflation and long from time to time to ensure that the DCC does term debt financing are not considered eligible not deter development, however each for DCC recovery. However, section 935 (3) (c) adjustment will require bylaw amendment and of the Local Government Act does allow funds in approval from the Ministry. DCC reserve accounts to be used to pay for the . ca. interest and principal on a debt resulting from Although council has the flexibility to use the DCC project costs. Also a provision has been municipal assist factor asa political instrument, built into the legislation to allow interest costs Ministry policy does limit how the assist factor is approved by the Inspector of Municipalities but to be applied in two ways. The factor can only this provision has not yet been brought into be varied between different categories of force. infrastructure. For example, an assist factor of 10% could be applied to roads, while 5% could Large DCC projects involving more than one be applied to sanitary sewer. In addition, the utility or service, multi-year funding, and/or factor must be consistent within that category of various funding sources can be broken down infrastructure or specified service area. As an into separate phases to simplify OCC illustration of this point, road DCCs for all land administration and accounting. Projects may be uses must have the same assist factor; for entirely or partly funded through DCCs, however example, a municipality could not offer 10% ina revolving DCC program, costs should be assistance for single family lots and 25% included only for the phase(s) which are assistance to commercial developments (nor proposed in that time period. 10% to Area A and 25% to Area B). These DeveLopmMenT Cost CHARGE BEST PRACTICES GUIDE 29 10/15/2000 ; Appendix '6" : ' Regular Meeting Minute February 14, 2004 Excerpt from Public Forum held February 14, 2005 The Mayor thanked Mr. Vanderbeck for his pre the Association of Kootenay Boundary Local Governmept tor attenaance attnen April Conference; and advised that the Town does sigdéwalk checks ona regular basis. Mr. Vanderbeck left Council Chambers at 722 p.m. s PCSS 2005 The Mayor welcomed Mr. David Falconey/ Vice-President, Ms. Corleen GRAD COMMITTEE McKinnon, Teacher and members of the Pripée Charles Secondary School 2005 Grad Committee, to the meeting at 7:30 ym. Ms. McKinnon thanked Council for the opportunity to attend and she introduced Breanne Ross, Allison Brock, Mist¥ Louie and Foster Harris, members of the 2005 Grad Committee. Miss Ross distributed corresSondence to Council and verbally reported on the rational for the 2005 Grad Zip to the United States. Miss Brock and Miss Louie reported on the itineran/, costs and fundraising; and Mr. Foster reported on PCSS student involvepfent in the community. There was generaf discussion regarding funding criteria; funding shortages, student participgtion and clarification of media reporting. The Mayor thénked Mr. Falconer, Ms. McKinnon and the 2005 Grad Committee members fér attending; advised the Council will consider their request for funding; And the Delegation left Council Chambers at 7:42 p.m. RECESS The Mlayor recessed the meeting until 8:00 p.m. for the Public Forum. RECONVENE @ Mayor reconvened the meeting at 8:00 p.m. PUBLIC FORUM The Mayor welcomed everyone to the Public Forum at 8:00 p.m. and reported ss SUBMISSIONS RE __ that members of the gallery are welcome to present comments to Council, DCC BYLAW 1463 regarding the proposed Development Cost Charges for the former Alice Siding (FORMER ALICE Area. ; SIDING AREA) Mr. John Huscroft asked Council if they had compared these Development Cost Charges (DCC's), to DCC's in surrounding communities. He distributed DCC's for the City of Grand Forks and the City of Castlegar, noting that no fees are required until the building permit process. Mr. Casey Messenger asked if there are DCC's in other areas of the Town and the Chief Administrative Officer reported that there are two smaller areas that require DCC's. The Chief Administrative Officer also noted that these new DCC costs, are determined by the amount of infrastructure required in the defined area, to enable future development. Mr. Messenger reported on two major Projects in the community (Brewery expansion and Crestview), and he . questioned the cost (road maintenance, etc), to the community in lieu of same He also questioned Council on the cost to expand Devon Road to 20"" Avenue and the Chief Administrative Officer advised that the expansion of Devon Road is not subject to DCC''s. The Town's DCC's are collected during the subdivision and the building permit stage. Mr. Bob Griffith reported that these costs were previously calculated and charged with the Alice Siding Sewer Project; the statistics are not accurate; population projections are down; and real estate is down by 20 to 25%. Mr. Messenger questioned the projected growth rates: the extension of 10° Avenue; and low commercial development in the last 5 years. He advised that he has 2 hectares of undeveloped land and he questioned subdivision costs and servicing requirements, when he needs the infrastructure prior to development. The Mayor reported that Council has applied for a 3 Million Dollar grant for the extension of 10" Avenue; and if the grant is approved, Council would then recalculate the DCC's by deducting that amount. Council can also review the DCC charges at any time in the future. Mr. Lawrence Colonel reported on the low lot sales over the last five years; the price of a lot was $34,000 and now averages $27,000; projections are not always accurate; we don't have enough to offer people; people buy here because of low prices and in three years they leave; there is commercial property available on Helen Road, but no buyers; these DCC's will hurt the Town; and why is all of Creston not being considered for DCC's. Mr. Griffith asked for confirmation that if the Town receives a grant for the 10" Avenue extension, the DCC's would be recalculated and he was advised that iS accurate. The Mayor asked for any further comments from the gallery and as there were none, he thanked everyone for attending and they left the gallery at 8:23 p.m. . 88-05 Moved by Councillor Vondracek, seconded by Councillor Mueller ey LTR #135 RE THAT Ltr#135 from KRC Investments incl, providing comments on the proposed DCC CHARGES Development Cost Chargers for the former Alice Siding area, be received and filed for information. CARRIED 89-05 Moved by Councillor Vondracek, seconded by Councillor Thomas CORRESPONDENCE THAT Ltr #206 from the Director of Corporate Administration, listing FOR INFORMATION Correspondence for Information, be received and filed for infomation. CARRIED 90-05 Moved by Councillor Folkman, seconded by Councillor Meller : FINANCE WARRANTS THAT Finance Warrant No. 4 in the amount of $81,724/20, No. 5 in the amount sv 4,5 AND6 of $78,067.65 and No. 6 in the amount of $115,257, 44, be received. CARRIED COUNCILCOMMITTEE Moved by Councillor Lavender, seconded by Qouncillor Vondracek 91-05 THAT Council Committee Recommendationg'1 to 3, from the February 7, 2005 «FEBRUARY 7TH Regular Committee Meeting, be adopted 3 follows: RECOMMENDATIONS RECOMMENDATION NO. 1: sx INCLUSIVE THAT Ltr#99 from the Kootenai Commyhity Centre, requesting Council consider COMMUNITY YOUTH budgeting funds in 2005 to assist with the Inclusive Community Youth Project; PROJECT be referred to 2005 Budget discussions; and the Kootenai Community Centre be advised of same. s*RQST FUNDING RECOMMENDATION NO. 27 (ABORIGINAL FAMILY THAT Ltr #105 from Ms. Cgnnie Zibin and Ms. Liane Fuller, representatives of CENTRE) the Aboriginal Family Ceftre, regarding a request for funding, be referred to Council Committee forAurther review and recommendation; AND FURTHER, THAT Administration' write Ms. Zibin and Ms. Fuller, requesting additional information on othef funding sources for the Aboriginal Family Centre. s* BUSINESS RECOMMENDATION NO. 3: LICENCE BYLAW THAT Ltr #146, Business Licence Bylaw 1556; be tabled to the March 7th, 2005 1556 Regular Cofnmittee Meeting; AND FURTHER, THAT the Bylaw Enforcement Officer bg"invited to attend the March 7th, 2005 Regular Committee Meeting. CARRIED 92-05 Moyed by Councillor Vondracek, seconded by Councillor Lavender : *sREST AREA KIOSK = TAAT Ltr #192 from Patrick Spinks, regarding the Ministry of Transportation PROGRAM est Area Information Kiosk Program, be referred to Council Committee for further review and recommendation. CARRIED 93-05 Moved by Councillor Lavender, seconded by Councillor Folkman RQST LETTER THAT Ltr #202 from the Creston Golf Club, requesting a letter of support for OF SUPPORT Provincial and Federal funding/grant applications to upgrade the watering (CRESTON GOLF system at the Golf Club, be received; AND FURTHER, THAT Administration CLUB) write the Creston Golf Club expressing Council's support for Provincial and Federal funding/grant applications to upgrade the watering system at the Creston Golf Club. CARRIED 94-05 Moved by Councillor Vondracek, seconded by Councillor Mueller *sRQOST REVIEW OF THAT Ltr#214 from the Regional District of Central Kootenay, requesting review RDZK/CAEDS and comments on the Draft agreement between the Regional District of Central AGREEMENT Kootenay and the Creston Area Economic Development Society, be referred to Council Committee for further review and recommendation. CARRIED Appendix "I" to Bylaw 1463 INDEX OF AMENDING BYLAWS Bylaw 1712 -- Adopted December 15, 2009 NOTE TO USERS "WHEREAS each bylaw consolidation shall be proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of passage of the original and all amending bylaws", pursuant to 'Authority to Consolidate Municipal Bylaws No. 1533', which was adopted on the 11th day of June, 2001.