THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, July 18, 2005 at 7:00 p.m. in the Council Chambers of City Hall.

Present: Mayor Phillips
Councillor Sue Brookes
Councillor Beryl Ludwig
Councillor Hubert van Berkel
Councillor Tony Vetter
Councillor Dee Wejr

Planner Rob Smailes, NORD
Treasurer Geri Ferguson
Public Works Superintendent Alf Soros
Recording Secretary Bettyann Kennedy
The Press & Public

APPROVAL OF AGENDA

Setting Date for Streets and Sidewalks Committee Meeting was added under Reports.


Moved by Councillor Ludwig, seconded by Councillor van Berkel that the agenda be approved as amended.

Carried Unanimously

ADOPTION OF MINUTES

Committee of the Whole Minutes of June 20, 2005

Moved by Councillor Brookes, seconded by Councillor Wejr that the Committee of the Whole Minutes of June 20, 2005 be adopted as circulated.

Carried Unanimously

Committee of the Whole (Planning) Minutes of June 20, 2005

Moved by Councillor van Berkel, seconded by Councillor Vetter that the Committee of the Whole (Planning) Minutes of June 20, 2005 be adopted as circulated.

Carried Unanimously

Public Hearing Minutes of June 20, 2005

Moved by Councillor Brookes, seconded by Councillor Ludwig that the Public Hearing Minutes of June 20, 2005 be adopted as circulated.

Carried Unanimously

Regular Council Minutes of June 20, 2005

Moved by Councillor Wejr, seconded by Councillor van Berkel that the Regular Council Meeting Minutes of June 20, 2005 be adopted as circulated.

Carried Unanimously

HEARING

Mayor Phillips introduced the following Development Variance Permit Application:

Development Variance Permit Application No. 05-0335-END-DVP
Lot A, DL 150, KDYD, Plan 35976 – 130 Cliffview Lane
Applicant: Kathleen and Eckhard Fabische

1) To vary Section 6.3 and Section 2.3 of Schedule “A” of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278 to eliminate the requirement to dedicate and construct roads, sidewalks, curbs and gutters and;
2) To vary Section 6.6 and Section 5.0 of Schedule “A” of the City of Enderby Subdivision and Development Bylaw No. 1278 to eliminate the requirement for additional storm drainage.

The Planner provided an overview of the application. It was noted that the issues before Council are servicing, not land use.

One written submission was received from W. A. Fryters of 118 Northern Crescent which the Planner read into the record. His objection was in regards to access.

Mayor Phillips invited the public to speak:
Kathy Fabische, Applicant read her letter of May 5, 2005 which formed part of the application and made the following points:
~ Purchase of extra property to provide an 18 m road allowance is unlikely as neighbours on both sides have requested to purchase property from the Fabisches.
~ Increasing road width to 9.2 metres would result in the removal of existing curbing and landscaping. Photos were circulated to Council showing the affected areas.
~ Since the existing roadway crowns in the centre, water drains into the ditch on either side. Construction of sidewalks would interfere with this natural drainage and require access to the storm drain which is approximately 1000 metres away. This would require digging up roads, curbs and front lawns. The City water main, hydro and Telus lines are buried underground.
~ Dedicating the roadway to the City would benefit only 2 property owners and would not be in the best interest of the residents of Enderby to have to pay for maintenance and repair.
~ A storm water system was installed in 1989 and there have been no issues since then. The system was dedicated to the City by way of easement in 1995 when M. V. Beattie school experienced drainage problems due to the Skyline Ridge development. A line was installed into the system to prevent the school grounds from flooding. Since the system has been handling additional water from M. V. Beattie school and Skyline Ridge, it should be more than adequate to accommodate the service required for this development.

Louis Lachapelle of 7 – 153 Salmon Arm Drive obtained a copy of the staff report and believes the report to be professional. He feels the bylaw should be adhered to. The private road is not being used for access. It should be a public roadway and upgraded. Stantec is also recommending upgrading for emergency access. He does not agree with the applicant’s request. He supports the staff and Stantec recommendations.

Peter Hudson of 5 – 153 Salmon Arm Drive also obtained a copy of the staff report and urges Council to support the staff recommendation. If the infrastructure is not improved now, it will be required later. There have been drainage issues in this area in the past.

Len McDonald of 9 – 130 Cliffview Lane questions whether a variance should be issued to waive these requirements. Who will end up paying for the costs incurred later? Will the current owners be required to pay for the extra new lots. What provision is in place to protect existing tenants?

The Planner explained that the owners of the benefiting properties would be required to pay.

Lesley Haddock of 23 – 153 Salmon Arm Drive did not get the notification letter. She was Principal at M. V. Beattie school and remembers the drainage issues at that time. Lots of money was raised and spent on improving the school grounds. Grasslands are absorbing the rain. As an area is filled in, there will be less absorption. A professional engineer report is required. A lot of money has been spent by the City to beautify Enderby, so sidewalk and curb requirements should not be waived.

Robert Bettles of 21 Cliffview Lane asked if the storm water system was passed at the time. If so, it should still be good. He questioned the term “bare land strata”.

The Public Works Superintendent stated that the storm water system went through an engineering process at the time. Since then the Subdivision Servicing and Development Bylaw has been put in place.

The Planner explained that bare land strata is a form of tenure, not unlike that of an apartment building. Instead of purchasing the unit, you are purchasing the lot. Common areas of the strata are the roadways and sidewalks.

Joyce Scott of 19 Cliffview Lane had questions regarding her status as a renter of her lot. As her issue is between landlord and tenant, it was not addressed by Council.

There were no other speakers.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Annual Report

Moved by Councillor Brookes, seconded by Councillor Ludwig that the 2005 Annual Report be adopted as circulated.

Carried Unanimously

BYLAWS - Adoption

Zoning Bylaw Text Amendment Bylaw No. 1371, 2005
Re: Downtown Parking

Moved by Councillor Wejr, seconded by Councillor Brookes that City of Enderby Zoning Bylaw No. 966, 1987 Text Amendment Bylaw No. 1371, 2005 be reconsidered and adopted.

Carried Unanimously

REPORTS

Councillor Ludwig

~ Attended Emergency Management Training Session.
~ Has not yet received Transit Report on ridership numbers for Salmon Arm route. Has been promised a report soon.
~ Emergency Social Services kits have not yet been received. Twice but Nice is to pay for half of the expense of the kits.
~ The City of Armstrong has had several emergency situations already. Enderby needs to have E.S.S. Volunteers in place. At the moment, Armstrong and Spallumcheen are ”covering” for Enderby. Volunteers are required. Sheila Bigsby is coordinating the volunteers.
~ A reminder about the skit being performed at the Drill Hall on August 2. A practise has been scheduled for Tuesday, July 26 at 5:15 p.m. at City Hall.

Mayor Phillips

~ A reminder that UBCM registration forms are to be submitted to Clerk-Typist by August 12th.
~ Issue of composters was brought up at the Regional Services Meeting. They are purchased at a cost of $17 each for 1000 units. They are unable to have available this fall, but will come to Enderby to do a presentation at the Garden Show in April.

Councillor van Berkel

~ Councillor van Berkel, in coordination with the Chamber of Commerce, worked to create the longest river tube. Thanks to Councillor Vetter and Tony’s Tire for supplying the tubes. There were a total of 503 participants. Photos are being submitted to Guiness to obtain world record status. This project is expected to become an annual event. Thanks were also expressed to the Public Works Superintendent and his crew who supported the event. A video taping of CHBC’s news coverage of the event was then viewed.

Disclosure of Contracts with Council Members and Former Council Members

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

Carried Unanimously

Building Inspection Reports for June 2005

The Treasurer informed Council that year to date, Enderby is one permit less than last year, but $40,000 in permit value higher than last year.

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

Carried Unanimously

Public Works Superintendent – Request for Streets and Sidewalks Committee Meeting

The Public Works Superintendent is requesting a meeting of the Streets and Sidewalks Committee before the end of July. Councillor Shipmaker was not in attendance. Councillor Wejr will coordinate date with Councillor Shipmaker and report to Clerk-Typist.

NEW BUSINESS

Development Variance Permit Application No. 05-0335-END-DVP
Lot A, DL 150, KDYD, Plan 35976 – 130 Cliffview Lane
Applicant: Kathleen and Eckhard Fabische

3) To vary Section 6.3 and Section 2.3 of Schedule “A” of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278 to eliminate the requirement to dedicate and construct roads, sidewalks, curbs and gutters and;
4) To vary Section 6.6 and Section 5.0 of Schedule “A” of the City of Enderby Subdivision and Development Bylaw No. 1278 to eliminate the requirement for additional storm drainage.

Moved by Councillor van Berkel, seconded by Councillor Vetter that the application be referred back to staff for further investigation.

Defeated

Discussions:
~ There was historical servicing information regarding the relationship between the property and the City learned at the Planning Committee Meeting which was not included in the staff report.
~ The engineering report obtained by the applicants in 1989 for storm drainage supported the park’s 39 lots. Two attachments to this system were made by the City in 1995 which may now impact the capacity for this development. Without this access being permitted, Skyline Ridge and M. V. Beattie School were facing costly solutions to their drainage problems. It was questioned whether there should be ownership on the City’s part.
~ Discussions occurred regarding leaving roadway strata-owned with proper easements in place.
~ Discussion occurred regarding taking the opportunity to have an engineering study on storm drainage done at this stage.
~ Emergency access to the subdivision should the City not obtain dedicated roadway was discussed.

Moved by Councillor Vetter, seconded by Councillor Wejr that
1) A Development Variance Permit for Lot A, DL 150, KDYD, Plan 35976 to vary Sections 6.3 and 6.6 of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278, 2000 to eliminate the requirement to dedicate and construct roads, sidewalks, curbs and gutters be approved; and
2) A Development Variance Permit for Lot A, DL 150, KDYD, Plan 35976 to vary Section 6.6 and Section 5.0 of the City of Enderby Subdivision and Development Bylaw No. 1278, 2000 to eliminate the requirement for additional storm drainage be denied.

Carried
Opposed: Councillor van Berkel

Tree Management at Reservoir

~ The Public Works Superintendent reported that although it would appear that costs of the project would be recovered by the sale of the timber, the market value of the timber is an estimate only and cannot be guaranteed.
~ Funds in the Sundry and Contingency account have been allocated elsewhere, but funds are available in the Accumulated Surplus account.
~ The contractors listed in the report were provided for quoting purposes. Tendering the project is an option. It was noted that WCB requires that a certified WCB faller perform the falling.

Moved by Councillor Wejr, seconded by Councillor Brookes that a WCB certified faller bucker be contracted to perform the falling of drought kill and bug kill trees on Lot 1, Plan K52539 (Reservoir) and that the expenses incurred be recovered from accumulated surplus account with any proceeds from the timber sale to be reimbursed to said account.

Carried Unanimously

Permitted Uses in the Country Residential Zone

The Planner provided a brief overview of the request by Jack Kowall that changes to zoning regarding animals in the Country Residential zone be considered.

Discussions:
~ The property in question is located at 149 West Enderby Road.
~ There are several properties within the City zoned CR. Any changes to the zoning bylaw will affect these properties as well.
~ There has been difficulty getting approval to remove certain properties from the Agricultural Land Reserve, leaving property owners with land suitable only for cattle.
~ When asked if he has spoken directly with his neighbours, Mr. Kowall claims that there was not an issue in the past and that rules have been recently changed. He is seeking an appropriate distance from his property line to where cattle are permitted to graze.
~ Enderby has similar CR zoning to neighbouring communities. The setbacks that are in place apply to buildings (barns, coops etc), and not to the location of the animals themselves.

Moved by Councillor Brookes, seconded by Councillor Wejr that staff investigate the potential of amending the permitted CR (Country Residential) Zone, including the impact on CR properties throughout the City and the provisions and applicability of relevant legislation.

Carried Unanimously

Steps Leading from Riverwalk to Shuswap River

Discussions:
~ A barricade has been erected by Public Works. It is not possible to remove the steps without approval by the Ministries of Ocean and Fisheries.
~ As suggested by Municipal Insurance Association, the barricade was put in place to alleviate liability.

Royal Canadian Legion - Invitation to Legion Days Parade

Interested Council Members will advise the Legion if able to participate.

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

Carried Unanimously

Enderby Centennial Committee – Additional Committee Members

Moved by Councillor Wejr, seconded by Councillor Vetter that the following names be added to the list of individuals appointed to the Enderby Centennial Committee:
Sarah Hamilton David Morgenstern
AND FURTHER that the name of Lindsay Lundquist be changed to Lindsey Healey.

Carried Unanimously

Enderby Centennial Committee – Centennial Information Booth

Moved by Councillor Ludwig, seconded by Councillor van Berkel that the Enderby Centennial Committee be permitted to place an Information Booth in front of City Hall during the week of July 29 thru August 7 between 10:00 a.m. and 4:00 p.m. Monday thru Friday and later into the evening on weekends.

Carried Unanimously

Enderby Centennial Committee – Car Show Parking

Moved by Councillor Brookes, seconded by Councillor Vetter that the Centennial Committee be permitted to use the Parking Lot on Maud Street and the Parking Lot between the Chamber of Commerce Building and the Water Treatment facility on July 30, 2005 for Car Show parking.

Carried Unanimously

Enderby Centennial Committee – Closure of Evergreen St. for Fire Department

Moved by Councillor Wejr, seconded by Councillor Brookes that Evergreen Street be closed on August 6, 2005 from 11:00 a.m. until 3:00 p.m. for the 40th Anniversary celebrations of the Shuswap Fire Protection District.

Carried Unanimously

Enderby and District Chamber of Commerce – “Our Town” Promotional Video

Moved by Councillor Wejr, seconded by Councillor Ludwig that the City contribute $842.62 towards the production of the promotional video “Our Town” which highlights Enderby’s Centennial Year.

Carried Unanimously

Seventh Day Adventist Church – Use of Parking Lot for Garage Sale

Moved by Councillor Wejr, seconded by Councillor Ludwig that the Seventh Day Adventist Church be permitted to use the parking lot behind City Hall on September 18, 2005 for a fundraising pancake breakfast and garage sale.

Carried Unanimously

Riverside Park Activities – Canada Day Complaint

Moved by Councillor Wejr, seconded by Councillor van Berkel that correspondence be referred to the Enderby/Area F Services Committee for consideration of the installation of netting at north end of ball park at Riverside Park.

Carried Unanimously

Discussions:
~ Noise complaints are received every year. Incidents of violence are to be dealt with by the RCMP and the event organizers.
~ This is a very popular annual event which is economically beneficial to the community. The event is only one weekend of the year and tolerance by nearby residents is expected.

Moved by Councillor Wejr, seconded by Councillor Vetter that a letter be forwarded to the Strata Council of 211 Kildonan Avenue emphasizing the popularity of the event and the economic benefit to the community that this event brings.

Carried Unanimously

427356 BC Ltd – Request for Future Street Name

Discussion:
The Planner informed Council that the use of “Crescent” may not be permitted if the roadway does not connect to another roadway. It may be necessary to alter the street type to “drive” or “place” or another appropriate reference.

Moved by Councillor Wejr, seconded by Councillor Ludwig that Council approve the request to have the name “Centennial” used in the naming of the new roadway in the proposed Cliffview Drive subdivision.

Carried Unanimously

Municipal Finance Authority – Pooled Investments Program

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

Carried Unanimously

UBCM – In the House

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

Carried Unanimously

Ministry of Environment – Riparian Areas Regulation – Extension

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

Carried Unanimously

UBCM – New Riparian Areas Regulation – Extension to March 31, 2006

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

Carried Unanimously

Premier Campbell – Cabinet Minister Meetings at UBCM Convention

Moved by Councillor Wejr, seconded by Councillor Ludwig that a request be made to meet with the Kevin Falcon, Minister of Transportation at the UBCM Convention to discuss the Highway 97A Corridor.

Carried Unanimously

PUBLIC QUESTION PERIOD

Jackie Pearace of the North Valley Echo commented that Council did not address the comment in Mr. Kowall’s letter which refers to there being more buildings on the property at 149 West Enderby Road.

ADJOURNMENT

The regular meeting adjourned at 8:40 p.m.





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MAYOR ADMINISTRATOR