THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, June 4, 2007 at 7:00 p.m. in the Council Chambers of City Hall.

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

Administrator Maggie Knox
Public Works Superintendent Darwyn Kutney
Planner Greg Routley, NORD
Recording Secretary Bettyann Kennedy
The Press and Public

APPROVAL OF AGENDA

Planning items 5.a, 6.a, 6.b, 8.a, and 8.b to follow item 2.

The following item was added to the agenda under Unfinished Business:
- City Website

Moved by Councillor Cyr, seconded by Councillor Ludwig that the agenda be approved as amended.
Carried Unanimously

ADOPTION OF MINUTES

Committee-of-the-Whole Meeting of May 22, 2007

Moved by Councillor Cyr, seconded by Councillor Wejr that the Minutes of the Committee-of-the-Whole Meeting of May 22, 2007 be adopted as circulated.
Carried Unanimously

Regular Meeting of May 22, 2007

Moved by Councillor Cyr, seconded by Councillor Wejr that the Minutes of the Regular Meeting of May 22, 2007 be adopted as circulated.
Carried Unanimously

BUSINESS FROM THE MINUES AND/OR UNFINISHED BUSINESS

06-0871-END-DVP
That Part of the NW _ (Plan B83), Sec. 27, Twp. 18, Range 9, W6M, KDYD, Except Plans B6723 and 5907 - 132 West Enderby Road
Applicant: Jim and Margo Ludwig

The Planner introduced the application and reviewed the revisions that have been made to the original application.

The public were invited to comment:

Gordon Preston of 128 West Enderby Road questioned when a building permit would be issued for the new property and whether neighbouring properties would be advised that all conditions had been met. The Planner reported that there are no advises issued with a building permit. Once the variances are approved, the applicant must then meet all the remaining requirements of the Subdivision Servicing and Development Bylaw prior to final subdivision approval and building permits being issued.

Moved by Councillor Ludwig, seconded by Councillor Vetter that a Development Variance Permit be approved for the property legally described as That Part of the NE _ (Plan B83), Section 27, Township 18, Range 9, W6M, KDYD, Except Plans B6723 and 5907, located at 132 West Enderby Road to vary the following:

1. Section 702.10(b) of the City of Enderby Zoning Bylaw No. 966, 1987 by reducing the front yard setback for an existing single family dwelling from 6 metres to 2.74 metres as shown on Schedule 'A' to the Development Permit;
2. Section 6.3 and Section 2.3.7 of Schedule 'A' and Schedule 'B' of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278, 2000 by waiving the requirement to construct a sidewalk on the Bass Avenue extension;
3. Section 6 of Schedule 'A' and Schedule 'B' of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278, 2000 by waiving the requirement to provide ornamental street lighting;
4. Section 6.3 and Section 2.3.2 of Schedule 'A' of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278, 2000 by reducing the width of the required 25 metre right-of-way of the Bass Avenue extension as shown on Schedule 'A' of the Development Permit;
5. Section 6.3 and Section 2.0 of Schedule 'A' of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278, 2000 by reducing the requirement to construct the Bass Avenue extension from a Collector Road standard to a 6 metre wide Local Street standard and a 6 metre wide gravel rural road standard, both without curb, gutter and underground wiring, as shown on Schedule 'A' of the Development Permit;
AND THAT a covenant be registered as a priority charge on the title of proposed Lot A prohibiting further subdivision of the lot until the Bass Avenue extension to the west of the lot is fully dedicated to a collector road standard.
Carried Unanimously

BYLAWS - Adoption

City of Enderby Official Community Plan Bylaw No. 1171, 1995 Amendment Bylaw No. 1385, 2006
That Part of DL 150 Shown on Amended Plan B1064 (DD 257637F), KDYD, Except: Plans 6200 and 17523 and Part Outlined Red on Plan B6558 AND Lot 1, Section 22, Township 18, Range 9, W6M, Plan KAP80826 - 142 Princess Avenue and 201 Francis Drive
Applicant: Wil Richardson

Moved by Councillor Vetter, seconded by Councillor Cyr that City of Enderby Official Community Plan Bylaw No. 1171, 1995 Amendment Bylaw No. 1385, 2006 be reconsidered and adopted.
Carried Unanimously

City of Enderby Zoning Bylaw No. 966, 1987 Amendment Bylaw No, 1386, 2006
That Part of DL 150 Shown on Amended Plan B1064 (DD 257637F), KDYD, Except: Plans 6200 and 17523 and Part Outlined Red on Plan B6558 AND Lot 1, Section 22, Township 18, Range 9, W6M, Plan KAP80826 - 142 Princess Avenue and 201 Francis Drive
Applicant: Wil Richardson

Moved by Councillor Shipmaker, seconded by Councillor Wejr that City of Enderby Zoning Bylaw No. 966, 1987 Amendment Bylaw No. 1386, 2006 be reconsidered and adopted.
Carried Unanimously

NEW BUSINESS

07-0220-END-DVP
Lot 5, Block 7, DL 150, K(formerly O)DYD, Plan 211A - 720 Cliff Avenue
Applicant: Steven Kormany

The Planner introduced the application and reviewed the recommendation from Development Services.

Moved by Councillor Cyr, seconded by Councillor Ludwig that Council give notice of their intent to consider issuance of a Development Variance Permit for the property legally described as Lot 5, Block 7, DL 150, K (formerly 0) DYD, Plan 211A located at 720 Cliff Avenue to vary the following:

- Section 702.10(e) of the City of Enderby Zoning Bylaw No. 966, 1987 by reducing the side yard setback for an addition to a single family dwelling from 1.5 metres to 0.6 metres as shown on Schedule 'A';

AND THAT issuance of the Development Variance Permit be subject to issuance of a Heritage Alteration Permit for the form and character of the proposed building addition.
Carried Unanimously

07-0260-END-DVP
Lot A, Section 26, Township 18, Range 9, W6M, KDYD, Plan KAP78108 except Plan KAP78763 - 146 Cliffview Drive
Applicant: 427356 BC Ltd. c/o Shatzko Engineering Ltd.

Councillor Vetter declared a conflict of interest and left Chambers.

The Planner introduced the application and reviewed the recommendation from Development Services.

There were discussions involving the green space and whether a landscaping plan should be required when there is green space provided by the Terasen right-of-way.

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Council give notice of their intent to consider issuance of a Development Variance Permit for the property legally described as Lot A, Section 26, Township 18, Range 9, W6M, KDYD, Plan KAP78108 except Plan KAP78763 located at 146 Cliffview Drive to vary the following:

- Table 2.3.2 of Schedule 'A' of the City of Enderby Subdivision Servicing and Development Bylaw No. 1278, 2000 by reducing the pavement width for a local road from 18 metres to 14 metres and the radius of a cul de sac bulb right of way from 18 metres to 15 metres.
Carried Unanimously

Councillor Vetter returned to the meeting.

DELEGATIONS

Henry Sunquist and George Wellwood, Kindale Development Centre
Re: 2010 Legacies Now Accessibility and Inclusion Program

Mr. Sunquist and Mr. Wellwood reported on the funding opportunities available to improve services to meet the needs of persons with disabilities. Improved accessibility promotes inclusion of those who are mobility challenged, which benefits the entire community. The Kindale Development Association proposes to prepare the application, manage the funding, and contract a facilitator to see the projects through. They would not direct the initiative, but rather assist in the process. Participation by the City and various other groups in developing the terms of reference will ensure full community involvement.

Questions were invited:
- Application would be for Enderby and surrounding area. Armstrong would submit their own application;
- Language will be amended to reflect Enderby and Electoral Area F, so as to include all rural areas of Enderby, not just Grindrod;
- Input from a large cross section of the community would ensure community involvement. Council's terms of reference would give credibility to the steering committee;
- Administration and application process could be extended to the steering committee, but direction from Council and the community is being sought. The facilitator would work with the steering committee.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

2010 Legacies Now Accessibility and Inclusion Program

Moved by Councillor Wejr, seconded by Councillor Case that the City of Enderby endorse the application of the Kindale Development Centre for a “Measuring Up” pilot project initiative to assess and advance access and inclusion for persons with disabilities in the City of Enderby and Electoral Area F.
Carried Unanimously

City Website

The Administrator circulated a list of municipal websites for Council to visit and provide feedback regarding specific desired changes to the City's website.

REPORTS

Councillor Shipmaker

Councillor Shipmaker expressed his discomfort with the notification process of the DVP application for the property on Cliffview Drive. He stated that the greenway issue should have been cleared up before coming to Council and feels that Council should be presented with such issues at a committee meeting prior to the Council meeting. The Administrator explained that staff reports are placed on the first available Council agenda, and reminded Councillors of the opportunity of requesting that a Committee-of-the-Whole meeting be scheduled should they feel a particular application warrants discussion.

Councillor Ludwig

Councillor Ludwig participated in Citizens on Patrol last Friday.

Councillor Vetter

Councillor Vetter commented that the boat launch signage contains spelling errors.

Mayor Phillips

Meeting with David Emerson, Minister of International Trade:
- North Okanagan Mayors were in attendance;
- Discussed Community Futures, Tolko, and business;
- Discussed the Pacific Gateway. The gateway is a vision that will provide for Asia-North America thru traffic. The time-line is 2-5 years for big pieces of the puzzle to be anchored (rail); and another 15-20 years for other pieces to fall into place;
- Placement of an inter-model facility in the North Okanagan could also alleviate train shunting problems in tourist areas.

Community Health Centre Report:
- Staff continue to struggle to provide care to former patients of Dr. Wiebe;
- CHC has taken on 46 new patients in April and 13 in May. Dr. Wecter from Armstrong is also retiring, so more patients will be looking for a doctor;
- Randy Forsyth has been appointed new Manager of Primary Care in the North Okanagan and will provide day-to-day management of the CHC;
- Dr. Allison Rankin has travelled to Cranbrook and Kamloops to train other physicians on how to conduct group medical appointments. Wayne Senner will also be providing on-site group appointment training in North Okanagan and Shuswap;
- Drs. Scott and Annan will attend Practice Support Program Regional Orientations and will then take park in training other physicians in new practise improvements such as advanced access, patient self-management and improved care of chronic disease;
- Dr. Dave Arnold of Vernon will provide local coverage for Enderby CHC to cover summer vacations.

Financial Position to April 30, 2007

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

Disclosure of Contracts with Council Members and Former Council Members

Moved by Councillor Cyr, seconded by Councillor Wejr that the report be received and filed.
Carried Unanimously

NEW BUSINESS

General Manager, Electoral Area Services (NORD) - e-mail dated May 24, 2007
Re: Restructure Study - District Municipality Concept

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that the correspondence be received and filed.
Carried Unanimously

City of North Vancouver - Correspondence dated May 17, 2007
Re: Local Government Action on Energy Efficiency for New Buildings

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

UBCM - Correspondence dated May 15, 2007
Re: 2006 Resolutions

Moved by Councillor Cyr, seconded by Councillor Case that the correspondence be received and filed.
Carried Unanimously

UBCM - Correspondence dated May 22, 2007
Re: Local Government and the Environment Conference

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

Riviera Strata KAS 2006 - Correspondence dated May 23, 2007
Re: Issues at Riverside Ball Park

Moved by Councillor Case, seconded by Councillor Wejr that this correspondence be forwarded to Enderby / Area F Services Committee, Recreation Excellence and league teams.

Carried Unanimously

The Administrator noted that there is a policy in effect regarding high trajectory bats. It may be timely for Recreation Excellence to remind teams of the policy.

Minister of Small Business and Revenue - Correspondence dated May 23, 2007
Re: Establishing a Single Business License Framework

Moved by Councillor Shipmaker, seconded by Councillor Case that the Minister of Small Business and Revenue be advised that the City of Enderby does not support the establishment of a Single Business License Framework.
Carried Unanimously

Information Bulletin - Received May 28, 2007
Re: Canada - BC Municipal Rural Infrastructure Fund

Moved by Councillor Cyr, seconded by Councillor Case that the correspondence be received and filed.
Carried Unanimously

Out of City Water Service - Memo dated May 29, 2007
Re: 228 West Enderby Road

Moved by Councillor Cyr, seconded by Councillor Case that the request of Jack Drydyk for water service at 228 West Enderby Road be deferred pending approval of the City's application for Canada-British Columbia Municipal Rural Infrastructure (Water) funding.
Carried Unanimously

Enderby and District Lions Club - Correspondence dated May 30, 2007
Re: Beer Garden at Riverside Park June 29 - July 2

Moved by Councillor Wejr, seconded by Councillor Vetter that permission be granted to the Enderby and District Lions Club to hold a beer garden at Riverside Park at the following times:
June 29 5:00 pm - 1:00 am
June 30 11:00 am - 8:00 pm
July 1 11:00 am - 1:00 am
July 2 11:00 am - 7:00 pm

AND FURTHER that permission be granted to the Funtastic Group to hold a beer garden and dance at Riverside Park on June 30 from 8:00 pm - 1:00 am.
Carried Unanimously

Charity Carnival - Correspondence dated May 31, 2007
Re: Request for Street Closure

Moved by Councillor Ludwig, seconded by Councillor Wejr that Council approve the closure of Cliff Avenue from George Street to Old Vernon Street and Belvedere Street from Mill Avenue to Cliff Avenue from 2:00 pm to 9:00 pm on July 27, 2007 for the annual Charity Carnival;

AND FURTHER that the Maud Street parking lot be made available to the Enderby and District Arts Council on July 28, 2007 from 6:00 am to 6:00 pm for the Artisan Market.
Carried Unanimously

Sidewalk Forms

The Administrator reported that steel sidewalk forms have been offered for sale to the City by Willy Brodoway. The forms are estimated to be worth approximately $13,000 and are being offered for $7,000.

Moved by Councillor Wejr, seconded by Councillor Ludwig that Council authorize the purchase of steel sidewalk forms from Brodoway and Sagh at a cost of $7,000.
Carried Unanimously

PUBLIC QUESTION PERIOD

Dallas Wingert, representing Jim and Maro Ludwig of 132 West Enderby Road asked that the specific questions that she had posed to the City be answered to her satisfaction regarding legal opinions obtained about road dedication in excess of 20 metres. Councillors responded that they were not prepared to provide details regarding legal advise.

Jackie Pearase of the North Valley Echo asked for clarification on 07-0260-END-DVP. The variance will be issued as requested by the applicant with no landscaping plan required.

ADJOURNMENT

The regular meeting adjourned at 8:25 p.m.






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MAYOR ADMINISTRATOR