Present: Mayor Sue Phillips

Councillor Sue Brookes

Councillor Beryl Ludwig

Councillor Hubert van Berkel

Councillor Tony Vetter

Councillor Dee Wejr

Administrator Maggie Knox

Recording Secretary Bettyann Kennedy

The Press & Public

The following item to be added under Business Arising from the Minutes and/or Unfinished Business: Knight Avenue Crossing.

Moved by Councillor Ludwig, seconded by Councillor Wejr that the Agenda be approved as amended.

Carried Unanimously

The third bullet point of Councillor Ludwig’s report amended a follows:

"Communities in Bloom judges will be in town on August 18 & 19. A pot-luck dinner will be held on August 18. The mural on the Credit Union will be unveiled on August 19."

Moved by Councillor van Berkel, seconded by Councillor Vetter, that the minutes of the Regular Council Meeting, held on July 19, 2004, be adopted as amended.

Carried Unanimously

The regular meeting recessed at 7:05 p.m. and reconvened at 7:30 p.m.

Quentin Bruns — Knight Avenue Crossing

Mr. Bruns clarified that he is present on a personal level and is not representing School District No. 83. He presented the following comments regarding the Knight Avenue crossing at Hwy 97A:

• He wishes to impress upon Council the importance of this issue to the community. He feels that this issue appears to have slipped under the radar.
• Council has a moral responsibility to deal with this cross walk.
• The City of Enderby and the Ministry of Transportation are willing to pay for lights and therefore recognize the safety issue. As full traffic lights will probably take a couple of years to materialize, it is time to re-visit the possibility of an interim solution until the lights are in place.
• At a Sub-committee meeting for the crossing, a proposal was presented by the principal of M.V. Beattie School which would have a CUPE employee diverted to cover the crossing for one year at no extra expense. They are requesting that the City compensate for the second year funding at a cost of approximately $5,000.
• This is an opportunity for a win/win situation for the City.
• Safety of children is the primary concern. The crossing is just too dangerous to continue asking residents to volunteer for.
• He is requesting that more pressure be placed on the MLA and all levels of government. This is an election issue.

Building Inspection Services

Moved by Councillor Vetter, seconded by Councillor Brookes that the Township of Spallumcheen, the City of Armstrong and the Regional District of North Okanagan be advised that the City of Enderby will continue to contract building inspection services from the Regional District.

Carried Unanimously

Discussion:

• The commitment from the principal of M.V.Beattie School is only for one year.
• A trained CUPE employee would be more appropriate in a dangerous situation.
• Should the proposal fall through, there are approximately 6 volunteers in place. These volunteers would not be required if a CUPE employee was in place.
• This proposal has not yet been endorsed by the School District.
• The Administrator reminded Council that the 5 year plan does not reflect this expenditure. It will be next April before commitment to the budget can be made.

Comments from the public gallery were responded to as follows:

• The demand for a safe crossing was addressed by Mayor Phillips who stated that the traffic lights at Cliff Avenue provides a safe crossing.
• Traffic violations are a policing issue which should be directed to the RCMP.
• Councillor Brookes reminded those present that the Knight Avenue crossing has been a concern of the City for many years and has not slipped under the radar as earlier stated. The crossing light in place, although not ideal was the best solution available. Council continues to lobby for a controlled intersection.

Moved by Councillor van Berkel, seconded by Councillor Ludwig that Council approve in principle a grant of $5,000.00 to School District No. 83 for the 2005 — 2006 school year to fund a crossing guard at Knight Avenue and Highway 97A.

Carried

Lot A, D.L. 150, K.D.Y.D., Plan 35976, 130 Cliffview Lane from Residential Mobile Home Park Zone (R.5) to Residential Single Family Zone (R.1-A), which rezoning would facilitate a strata-subdivision of the existing modular home park spaces. (Eckhard and Kathleen Fabische)

Moved by Councillor Vetter, seconded by Councillor van Berkel that Zoning Amendment Bylaw No. 1349 to rezone Lot A, D.L. 150, K.D.Y.D., Plan 35976 (Fabische) from Residential Mobile Home Park Zone (R.5) to Residential Single Family Zone (R.1-A) be given Third Reading and referred to the Ministry of Transportation for approval, and that

1. Adoption of the rezoning bylaw be withheld pending the registration of a development agreement in the form of a covenant to restrict the use of the subject property to the Residential Mobile Home Park Zone (R.5) until such time as the strata subdivision is registered.
2. Upon registration of the proposed strata subdivision, the existing Land Use Contracts and the development agreement covenant referred to above be discharged.

A Bylaw to amend the text of Zoning Bylaw 966, 1987 by adding a provision to allow properties larger than 1.0 ha to have a temporary residence for the medical care of an immediate relative.

Moved by Councillor Brookes, seconded by Councillor Wejr that City of Enderby Zoning Amendment Bylaw No. 1350, 2004 be given third reading and referred to the Ministry of Transportation for approval.

Carried Unanimously

Mayor Phillips

Mayor Phillips announced that the District of Sicamous flag is flying over Enderby City Hall as a result of the District of Sicamous having the best results in the I.C.B.C. Crash Reduction Challenge. The City of Armstrong will also be flying the Sicamous flag for one month.

The Art Can Auction held during the Kids Carnival generated almost $3,000.oo for Enderby in Bloom.

In addition to the written report, the Administrator reminded Council that a Committee of the Whole Meeting is scheduled for Tuesday, August 24 for the purpose of reviewing the proposed amendments to the Official Community Plan. Copies of the plan with proposed amendments built into the document will be ready by the end of this week.

Councillor Vetter questioned why Enderby did not bid on the IHA laundry facility. The Administrator confirmed that Enderby was overlooked in the invitation to submit bids process. It was noted that Enderby’s water treatment plant and sewage plant are not adequate to accommodate a commercial laundry facility.

Upon question by Councillor Vetter, the Administrator indicated that the new Riparian Areas Regulation would likely impact on development within the City.

Re: Building Permit Detail Report, Inspections Statistical Reports — July 2004

Moved by Councillor Brookes, seconded by Councillor van Berkel that the report be received and filed.

Carried Unanimously

Application for Official Community Plan Amendment, Zoning Amendment and Zoning Text Amendment Application No. 04-0612-END-OR

An application to re-designate and re-zone Lot 1, D.L. 150, K.D.Y.D., Plan KAP61900 from Highway and Tourist Commercial (C.2) to Service Commercial (C.4) — North Enderby Distribution Ltd.

Moved by Councillor Vetter, seconded by Councillor Brookes that the application to re-designate and re-zone Lot 1, D.L. 150, K.D.Y.D., Plan KAP61900; from Highway and Tourist Commercial (C.2) to Service Commercial (C.4) be advanced.

Carried

Moved by Councillor Wejr, seconded by Councillor Brookes that Official Community Plan Amendment Bylaw No. 1351 be given first and second reading and taken to Public Hearing.

Carried Unanimously

Moved by Councillor van Berkel, seconded by Councillor Ludwig that Zoning Amendment Bylaw No. 1352 be given first and second reading and taken to Public Hearing.

Carried Unanimously

Moved by Councillor Ludwig, seconded by Councillor Vetter that Zoning Text Amendment Bylaw No. 1353 be given first and second reading and taken to Public Hearing.

Carried Unanimously

An application to vary the rear yard setback of Lot 9, Sections 26-27, Township 18, Range 9, W6M, K.D.Y.D., Plan 28806 from 8 metres to 0.228 metres for a covered patio — J & N Aitken.

The Administrator read correspondence and circulated photos from Lorne and Adrienne Muirhead of 1508 Northern Avenue. A letter from Maurice and Lenora Hesketh was also read by the Administrator.

Moved by Councillor Wejr, seconded by Councillor Brookes that the application for a Development Variance Permit for Lot 9, Sections 26-27, Township 18, Range 9, W6M, K.D.Y.D., Plan 28806 (Aitken) to vary the rear yard setback pursuant to Section 701.10.d of Zoning Bylaw 966, from 8 metres to 0.228 metres for a covered patio not be supported.

Carried

An application to exclude Legal Subdivision 10, Section 27, Township 18, Range 9, W6M, K.D.Y.D., except the Northerly 2.1 chains as shown on Plan B958 and Plan 26503 (Richards) from the Agricultural Land Reserve.

Discussion occurred as to whether it is practical for a 2 _ acre farm to be located in town. The Official Community Plan has this land designated as ALR with no discussions by the Official Community Plan Committee to change that designation.

Moved by Councillor van Berkel, seconded by Councillor Brookes that the application pursuant to Section 30(1) and 21(2) of the Agricultural Land Commission Act for Legal Subdivision 10, Section 27, Township 18, Range 9, W6M, K.D.Y.D., except the northerly 2.1 chains as shown of Plan B958 and Plan 26503 (Richards) to exclude land from the Agricultural Land Reserve be held in abeyance pending review of the Official Community Plan.

Carried Unanimously

An application to exclude land from the Agricultural Land Reserve and subdivide land within the ALR (lot line adjustment).

Moved by Councillor Ludwig, seconded by Councillor van Berkel that the application pursuant to Section 30(1) and Section 21(2) of the Agricultural Land Commission Act for Lot 1, Section 22, Township 18, Range 9, W6M, K.D.Y.D., Plan 23727 Except part outside City of Enderby Boundary; and That part of the NW _ of Section 23 which lies to the west of the west limit of D.L. 150, K (formerly 0.) D.Y.D. and North of the North limit of Spallumcheen Indian Reserve as shown upon a plan of survey of the said township dated at Ottawa the 10^th of January, 1902, Township 18, Range 9, W6M, K.D.Y.D. (Richardson) to exclude land from the Agricultural Land Reserve and subdivide land within the ALR (lot line adjustment) be held in abeyance until Council determines policy direction for this part of the community as contemplated in Section 14.5(b) of the draft Official Community Plan Bylaw 1336.

Carried Unanimously

Moved by Councillor Ludwig, seconded by Councillor Brookes that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor van Berkel that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor van Berkel, seconded by Councillor Brookes that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor Ludwig, seconded by Councillor Wejr that Council support the use of City facilities by the Centennial Committee; and further that Council support the request of the Centenial Committee for use of Fortune Parks facilities at no cost.

Carried Unanimously

Moved by Councillor van Berkel, seconded by Councillor Wejr that this item be forwarded to A. L. Fortune Secondary School.

Carried Unanimously

Moved by Councillor Brookes, seconded by Councillor Ludwig that the correspondence be received and filed.

Carried

Moved by Councillor van Berkel, seconded by Councillor Vetter that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Ludwig that a request be submitted to UBCM requesting a meeting with the Minister of Transportation regarding the Knight Avenue crossing.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Brookes that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor Brookes, seconded by Councillor van Berkel that the Legion be granted permission to close Mill Avenue between Belvedere Street and Maud Street from 7:00 a.m. to 1:00 p.m. on September 6, 2004 for a pancake breakfast and parade.

Carried Unanimously

Moved by Councillor Ludwig, seconded by Councillor Wejr that the Public Works Superintendent be authorized to apply for a Private Timber Mark for removal of select trees near the City water reservoir.

Carried Unanimously

Private Managed Forest Land Council — Private Managed Forest Land Act

Moved by Councillor Wejr, seconded by Councillor van Berkel that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor Ludwig, seconded by Councillor Vetter that the correspondence be received and filed.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor van Berkel that the Regional District of North Okanagan be advised that Council continues to support the creation of a regional function which would include various cultural and heritage projects; and further that Council decline to participate in a new function that is specific to one particular facility.

Carried Unanimously

It was consensus of Council to refer this item to the Finance Committee for inclusion in the Budget process.

Dr. Weibe of #1 — 130 Cliffview Lane enquired as to the next step for the Mobile Home re-zoning application. The Administrator explained that the application must next be forwarded to the Minister of Transportation for approval. The application is subject to a development agreement being in place between the applicant and the City prior to adoption. Subdivision application will be required to strata the lots.

Keith Weston of 31 McNabb Road asked why the written reply he received regarding his concerns about the controlled burn at 602 Russell Avenue in June did not answer his specific questions. Councillor van Berkel explained that the Fire Committee and Council were satisfied with how the situation was handled by staff. Mr. Weston proceeded to ask specific questions about the burn, and was again informed that Council is satisfied that staff responded correctly.

Duncan Walker of 813 Regent Avenue informed Council of various policing issues which have occurred lately. He was encouraged to report all incidents to the RCMP.

Moved by Councillor Wejr, seconded by Councillor Brookes, that Council hold a meeting closed to the public in order to discuss one or more topics under Section 90 of the Community Charter.

The regular meeting adjourned at 9:05 p.m.

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