THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, December 5, 2005 at 7:00 p.m. in the Council Chambers of City Hall.

Present: Mayor Phillips
Councillor Brad Case
Councillor Howie Cyr
Councillor Beryl Ludwig
Councillor Earl Shipmaker
Councillor Tony Vetter
Councillor Dee Wejr

Administrator Maggie Knox
Treasurer Geri Ferguson
Recording Secretary Bettyann Kennedy
The Press & Public

OATH OF OFFICE

The Mayor and Councillors made the Oath of Office, by solemn affirmation, before Debra van Beers, Notary Public.

APPROVAL OF AGENDA

Moved by Councillor Wejr, seconded by Councillor Ludwig that the agenda be approved as circulated.

Carried Unanimously

ADOPTION OF MINUTES

Regular Meeting of November 21, 2005

Moved by Councillor Shipmaker, seconded by Councillor Wejr that the Minutes of the Regular Meeting of November 21, 2005 be adopted as circulated.

Carried Unanimously

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Development Variance Permit 05-0753-END-DVP
Lot 3, Section 27, Township 18, Range 9, West of the 6th Meridian, KDYD, Plan KAP46537 – 224 Salmon Arm Drive
Applicant: Daniel and Nancy Klassen

1) Vary the exterior side yard setback from 12 metres to 4 metres; and
2) Vary the special building line setback from 24 metres from the centreline of Gunter Ellison Road to 13 metes from the centreline of Gunter Ellison Road; and
3) Vary the rear yard setback from 8 metres to 2 metres

Councillor Shipmaker declared a conflict due to a personal bias and left the meeting.

Moved by Councillor Vetter, seconded by Councillor Ludwig that Council approve the Development Variance Permit for Lot 3, Section 27, Township 18, Range 9, West of the 6th Meridian, Kamloops Division Yale District, Plan KAP46537 (Klassen), to:

- Vary the exterior side yard setback pursuant to Section 801.9(a)(v) of the City of Enderby Zoning Bylaw 966 from 12 metres to 4 metres; and

- Vary the special building line setback pursuant to Section 402.6(a)(i)(e) of the City of Enderby Zoning Bylaw 966 from 24 metres from the centreline of Gunter Ellison Road to 13 metres from the centreline of Gunter Ellison Road; and

- Vary the rear yard setback pursuant to Section 801.9(d)(v) of the City of Enderby Zoning Bylaw 966 from 8 metres to 2 metres.

Carried Unanimously

Councillor Shipmaker returned to the meeting.

Development Variance Permit 05-0791-END-DVP
Lot 8, District Lot 226, ODYD, Plan KAP78525 – 2006 Waterwheel Street
Applicant: June Danforth c/o Twin Oak Homes
To vary the rear yard setback from 8 metres to 6.78 metres.

Moved by Councillor Cyr, seconded by Councillor Wejr that Council approve the Development Variance Permit for Lot 8, District Lot 226, Osoyoos Division Yale District, Plan KAP78525 (Dnaforth) to vary the rear yard setback pursuant to Section 701.10(d) of the City of Enderby Zoning Bylaw 966 from 8 metres to 6.78 metres.

Carried Unanimously

BYLAWS – 1st and 2nd Reading

Zoning Bylaw Text Amendment Bylaw No. 1376, 2005

Moved by Councillor Ludwig, seconded by Councillor Wejr that City of Enderby Zoning Text Amendment Bylaw No. 1376, 2005 be introduced and given first reading.

Carried Unanimously

The Administrator provided additional information. Development Services have commented that a change to the front yard setback may be contrary to the Heritage Conservation Guidelines which states “Front yard setbacks – It is desirable to maintain the most common setbacks of the block. This setback should be determined and compared to that of the zoning bylaw. Front yard setbacks are important to maintain the existing presence of building and their relationship to the street.”

Moved by Councillor Shipmaker, seconded by Councillor Wejr that City of Enderby Zoning Text Amendment Bylaw No. 1376, 2005 be given second reading and referred to Public Hearing.

Carried Unanimously

BYLAWS – Adoption

Council Remuneration and Expense Bylaw No. 1374, 2005

Moved by Councillor Vetter, seconded by Councillor Case that Council Remuneration and Expense Bylaw No. 1374, 2005 be reconsidered and adopted.

Carried Unanimously



REPORTS

Councillor Ludwig

Councillor Ludwig attended the following meetings and/or functions:
- Chamber of Commerce Annual General Meeting
- Enderby in Bloom meeting
- Enderby Arts Council art show
- Santa Claus parade

Mayor Phillips

Mayor Phillips provided information on restructuring of committees. An emphasis will be made on expanded growth and infrastructure. It is her intent to perform her duties with dedication and is looking forward to positive results through teamwork with Council.

Administrator

In addition to the written report, the Administrator reminded Council of an informal meeting with RCMP Inspector Hayward at 6:30 p.m. on Monday, December 19th. There is also a meeting scheduled with the Ministry of Transportation at 1:00 p.m. Jan 9, 2006 to discuss Highway 97A issues.

Councillor Wejr clarified that her query regarding recycling included why the current contractor has not supplied a recycling calendar to Enderby residents.

Moved by Councillor Wejr, seconded by Councillor Case that the report be received and filed.

Carried Unanimously

Public Works Superintendent – Public Works Activity Report

The following items were raised regarding the report:
- Clarification regarding the hypochloride system for the water treatment plant.
- A copy of the Sidewalk Inspection Report was requested.
- The inventory project will likely become an annual event. It is done manually, and is therefore very time-consuming.
- The Administrator will follow up with the Public Works Superintendent as to whether a Christmas tree drop off at the works yard will be offered again this season.

Moved by Councillor Ludwig, seconded by Councillor Cyr that the report be received and filed.

Carried Unanimously

NEW BUSINESS

Development Variance Permit Application No. 05-0822-END-DVP
Lot 27, DL 226, KDYD, Plan 12866, Except Plan 24497 – 161 Riverdale Drive
Applicant: Geoff and Lynne Collins
1) Vary Section 5 or Schedule ‘A’ and Schedule ‘B’ of the Subdivision Servicing and Development Bylaw by waiving the requirement for storm drainage on both lots; and
2) Vary Section 2.3.7 of Schedule ‘A’ and Schedule ‘B’ of the Subdivision Servicing and Development Bylaw by waiving the requirement for a sidewalk; and


3) Vary Section 6 of Schedule ‘A’ and Schedule ‘B’ of the Subdivision Servicing and Development Bylaw by waiving the requirement for ornamental street lighting; and
4) Vary Section 7.3 and 7.4 of Schedule ‘A’ and Schedule ‘B’ of the Subdivision Servicing and Development Bylaw by waiving the requirement for underground servicing; and
5) Vary the requirement to provide a landscape buffer along Agricultural Land Reserve boundary.

The Administrator introduced the application and the recommendation by Development Services.

Discussion:
Councillor Vetter noted that there is no “standard” for street lighting defined in the Subdivision Servicing and Development Bylaw. It was consensus of Council to therefore delete the condition portion of the ornamental street lighting approval.

The application will be referred to adjacent landowners for comment and will be presented to Council at the December 19th meeting for final consideration.

Moved by Councillor Vetter, seconded by Councillor Cyr that Council give notice of their intent to consider a Development Variance Permit at their next meeting on December 19, 2005; and
- Vary Section 5 of Schedule ‘A’ and Schedule ‘B’ of the City of Enderby Subdivision Servicing and Development Bylaw 1278, 2000 by waiving the requirement for storm drainage on both lots subject to the provision of on-site stormwater retention that meets the approval of the Public Works Superintendent; and
- Vary Section 2.3.7 of Schedule ‘A’ and Schedule ‘B’ of the City of Enderby Subdivision Servicing and Development Bylaw 1278, 2000 by waiving the requirement to provide a sidewalk; and
- Vary Section 6 of Schedule ‘A’ and Schedule ‘B’ of the City of Enderby Subdivision Servicing and Development Bylaw 1278, 2000 by waiving the requirement to provide ornamental street lighting; and
- Vary Section 7.3 and 7.4 of Schedule ‘A’ and Schedule ‘B’ of the City of Enderby Subdivision Servicing and Development Bylaw 1278, 2000 by waiving the requirement to provide underground servicing (wiring).

Carried Unanimously

Exemption of Lot Frontage Requirement
Lot Line Adjustment Subdivision:
That part of the Northwest _ Section 23 which lies to the West of the West limit of DL 150, K(formerlyO)DYD and North of the North limit of Spallumcheen Indian Reserve, Township 18, Range 9, West of the 6th Meridian; and Part of Lot 1, Plan 23727, Section 22, Range 9, West of the 6th Meridian, KDYD – 45 Valecairn Road
Applicant: Wendy and Wilbert Richardson
To exempt the ten percent minimum lot frontage requirement.

The Administrator introduced the application and reviewed the report from Development Services.

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Council exempt the ten percent minimum lot frontage requirement pursuant to Sections 801.7 and 1201.1(b)(i) of the City of Enderby Zoning Bylaw 966 and the frontage be reduced from 247.69 metres to 12.5 metres for Proposed Lot 1 as shown on Schedule ‘A’ of the Development Services report dated November 30, 2005.

Carried Unanimously


Enderby Open Air Market
Re: Use of Maud Street Parking Lot in 2006

Discussion:
- The Administrator informed Council that the Market has made 3 separate donations to the City this year totalling approximately $270 in appreciation for the use of City property.
- Occupancy of the old IGA building may impact parking needs of the lot.
- The area across from Belvidere Park was discussed as a possible alternate site. This will be discussed in the new year.

Moved by Councillor Shipmaker, seconded by Councillor Case that Council approve in principle the use of City property for the Open Air Market in 2006, with the location to be determined at a later date.

Carried Unanimously

Silver Star Governance

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

Carried Unanimously

Appointment of Regional Board Director and Alternate Director

Moved by Councillor Shipmaker, seconded by Councillor Vetter that Councillor Wejr be appointed Municipal Director for the North Okanagan Regional District Board of Directors.

Carried

Moved by Councillor Wejr, seconded by Councillor Vetter that Councillor Shipmaker be appointed Alternate Municipal Director to the North Okanagan Regional District Board of Directors.

Carried

UBCM – Group Insurance for Elected Officials

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

Carried Unanimously

UBCM – Local Government Leadership Academy & UBCM 100th Anniversary

Discussion:
- There were questions as to the type of training that would be offered.
- A survey will be provided to Council members to provided input so that the UBCM Executive can determine the area of focus.
- There are funds available in the 2005 budget to support the project.
- Smaller communities would have an opportunity to provide input into the governance of the project through the UBCM Executive.

Moved by Councillor Wejr, seconded by Councillor Ludwig that support of the establishment of the Local Government Leadership Academy be made in the amount of $1,000, and that additional information regarding method of education and means of appointment to the Board of Directors be obtained from UBCM.

Carried Unanimously

Professional Services Agreements

1) Water Study Update:
Discussion:
- Council was informed that the amount of approved cost-sharing is $7,500, not $5,000 as stated in the memo.
- Councillor Shipmaker questioned whether a policy is in place to continue using the services of Stantec Consulting Group. The Administrator informed Council that there is no policy in place and recommended that the Finance and Administration Committee review the issue of professional services in general.

Moved by Councillor Wejr, seconded by Councillor Ludwig that the Mayor and Administrator be authorized to sign the Professional Services Agreement with Stantec Consulting Ltd. for the preparation of the City of Enderby Water Study Update.

Carried Unanimously

2) Road Inventory and Condition Assessment:
Discussion:
- Funding has been applied for, but may not be approved.
- There has been a preliminary start to the project.
- Councillor Vetter suggested that the contractor not be advised of the budget figure which coincidentally matches the quote. The Administrator informed Council that the budgeted amount was determined from estimates obtained for the project prior to budget approval.

Moved by Councillor Cyr, seconded by Councillor Ludwig that the Mayor and Administrator be authorized to sign the Professional Services Agreement with Stantec Consulting Ltd. for the preparation of the City of Enderby Road Inventory and Condition Assessment.

Carried Unanimously

2006 Council Meeting Schedule

Moved by Councillor Vetter, seconded by Councillor Case that the 2006 Council Meeting Schedule be approved as circulated.

Carried Unanimously

Seminar for Newly Elected Officials

Moved by Councillor Wejr, seconded by Councillor Case that authorization to attend the Seminar for Newly Elected Officials be provided to those members of Council interested in attending.

Carried Unanimously

Local Government Program Services – Crystal Methamphetamine Seed Funding

Moved by Councillor Case, seconded by Councillor Cyr that this item be referred to the Health and Safety Committee.

Carried Unanimously

Discussion:
- The deadline for applications is May, 2006. This should provided sufficient time to gather information.
- The Administrator listed the eligibility criteria for funding.
- Councillor Cyr suggested that the Committee work with other stakeholders in the community, including the RCMP and the Youth Centre to submit a strong presentation.

Okanagan Regional Library
Appointment of Member and Alternate to Board of Management

Moved by Councillor Ludwig, seconded by Councillor Wejr that Councillor Case be appointed to the Okanagan Regional Library Board of Management.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Vetter that Councillor Ludwig be appointed Alternate to the Okanagan Regional Library Board of Management.

Carried Unanimously

Ministry of Community Services
Re: General Local Election Proceedings

Discussion:
- Councillor Vetter expressed concern about the system being used and suggested that one year before the next general election, a review of procedures be made by Council with recommendations for changes.
- Councillor Vetter stated that the identification requirements in other communities is not the same as Enderby and that people should not be made to prove their residency. He feels that it would be more fair to permit the person to vote and if a review of the voters book shows that they were not eligible to vote, then those ballots could be removed at that point.
- The Administrator informed Council that proceedings are legislated by the Local Government Act.
- Councillor Cyr noted that electors also have a responsibility to ensure that they are qualified and prepared to vote.
- Councillor Shipmaker suggested that candidates also need to be educated on the role of scrutineer.

Moved by Councillor Vetter, seconded by Councillor Wejr that a review of election protocol be made prior to the next local general election.

Carried Unanimously

PUBLIC QUESTION PERIOD

Jackie Pearase of the North Valley Echo asked whether the meeting on January 9, 2006 with the Ministry of Transportation is open to the public. The Administrator will find out and inform Ms. Pearase.

CLOSED MEEETING RESOLUTION

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

ADJOURNMENT

The regular meeting adjourned at 8:00 p.m.


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MAYOR ADMINISTRATOR