THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, March 19, 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
Planner Greg Routley, NORD
Recording Secretary Bettyann Kennedy
The Press and Public

APPROVAL OF AGENDA

Moved by Councillor Cyr, seconded by Councillor Wejr that the agenda be approved as circulated.
Carried Unanimously

ADOPTION OF MINUTES

Committee-of-the-Whole Meeting of March 5, 2007

Moved by Councillor Wejr, seconded by Councillor Ludwig that the minutes of the Committee-of-the-Whole meeting of March 5, 2007 be deferred to the April 2, 2007 meeting.
Carried Unanimously

Public Hearing Meeting of March 5, 2007

Moved by Councillor Ludwig, seconded by Councillor Shipmaker that the minutes of the Public Hearing of March 5, 2007 be adopted as circulated.
Carried Unanimously

Regular Meeting of March 5, 2007

Moved by Councillor Ludwig, seconded by Councillor Shipmaker that the minutes of the regular meeting of March 5, 2007 be adopted as circulated.
Carried Unanimously

DELEGATIONS

Kate McDonough, Coordinator - CCOM Task Force
Re: Update on Shuswap Crystal Clear on Meth Task Force

Ms. McDonough provided an update on the activities of the Task Force.
- Service area is Enderby, Sicamous, and Salmon Arm;
- They follow the 5-pillar program of public education, treatment, harm reduction, policing, and political action;
- 8 public forums have been held to date;
- Focus is to build stronger and safer communities through education and awareness.

Tracy Prince presented information on the Parent Resource Calendar project. The need for the calendar was identified through public forums and calls from parents. The calendar has functional key themes identified on each month of the calendar. There are also proactive ideas to assist in creating dialogue. Resource pages are designed to provide assistance with specific issues. The calendar will ideally be coordinated with the school calendar.

Ms. McDonough and Ms. Prince responded to questions from Council:
- First issue will be dated September 07 through 08 to coincide with the school year.
- Calendar is ready to go to print. They are still looking for sponsors.
- Calendar will be distributed to every household in Enderby, Sicamous and Salmon Arm.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

CCOM Task Force
Re: Update on Crystal Clear on Meth Task Force

For information only.

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

Mayor Phillips introduced the application and invited the applicant to speak.

Margo Ludwig outlined their position regarding road dedication for future Bass Avenue extension:
- They are prepared to register covenants on both lots created by the subdivision to restrict future development until Bass Avenue is constructed;
- 20 metres is the maximum road dedication permitted without compensation. They are willing to dedicate the additional 5 metres in exchange for waiver of development cost charges.
- They do not have control of neighbouring property which would be required to achieve the road width required, nor do they intend to purchase any of the neighbouring property.
- They are requesting a waiver of the requirement to construct road access and that they be permitted to use the road access as a shared driveway.
- They are requesting the waiving of the purchase of required land for road dedication as they only have control of land they own;
- They feel that it would be an unnecessary expense to construct a road which would require City maintenance and which would be dug up at a later date when Bass Avenue is extended;
- They plan to construct a retirement home on the newly created lot and do not plan on further subdivision of the newly created lot.

The following members of the public spoke in response to the application:

Gordon Preston of 128 West Enderby Road expressed opposition to the subdivision and made the following comments:
- The City should be properly planning for the future. Sewer lines were provided through the Ludwig property and would therefore be available at no cost to future development.
- No paving of road and a small turn around - he does not support the use of a gravel driveway to provide access to the proposed subdivision.
- As adjacent property owner, he will not sell property to accommodate this development;
- Letter from Regional District office took 6 days to arrive. He feels that the application is being rushed and that Council should not be making its final decision on the subdivision tonight.

The Administrator clarified that the application before Council relates strictly to the variance of requirements of the Subdivision Servicing and Development Bylaw. The authority to approve subdivisions rests with the Approving Officer appointed by Council, who considers applications in relation to provincial legislation and municipal bylaws.

John Bittner of 135 West Enderby Road questioned whether paving of the roadway is a requirement or if gravel is allowed. The Planner clarified that the Subdivision Servicing and Development Bylaw requires that the roadway be paved. Staff recommendation to Council is that the requirement for road construction be waived for the portion of the future road lying beyond the proposed new lot.

Darcy Knight of 133 West Enderby Road expressed concern about future development plans for Enderby as he moved here from Vernon due to expansion there. He enjoys his rural setting and feels that the future roadway does not make sense. The future Bass Avenue extension will come out at his property and he does not want to see that happen.

Dave Crozier of 120 West Enderby Road has adjoining property on the south side which is 1250 feet long and expressed opposition to the proposed variances. He stated that his property was originally the Bass Avenue extension. He feels that panhandles provide no cohesiveness to the west side of West Enderby Road and it makes more sense to develop within a plan. He is also concerned that the 70 foot wide parcel will become stranded land.

In response to questions regarding the road width, the Planner stated that the Official Community Plan and the Subdivision Servicing and Development Bylaw require that the collector road standard be 25 metres; however, the applicant has questioned whether more than 20 metres can be required without compensation.

The Administrator recommended that in light of correspondence received today from the applicant, raising questions and providing new information, the matter be deferred pending further consideration by staff.

Moved by Councillor Cyr, seconded by Councillor Ludwig that a decision on Development Variance Permit No. 06-0871-END-DVP be deferred to allow staff time to further investigate issues raised and new information provided by the applicant.
Carried Unanimously

06-0697-END-DP & 07-0100-END-DVP
Pcl A (DD P66449) of DL 150, K (formerly O)DYD, except those parts thereof: [1] Part 2 acres more or less shown on Plan DD1115D [2] Part 1.46 acres more or less shown on Plan DD3839D [3] included in Plans 4516, 6196, 9912, 12491, 13807, and 14156
1510 George Street
Applicant: Massoud Holdings

Moved by Councillor Vetter, seconded by Councillor Ludwig that Council authorize the issuance of Development Permit No. 06-0697-END-DP for Parcel A (DDP66449) of District Lot 150, Kamloops (formerly Osoyoos) Division Yale District, except those parts thereof: [1] Part 2 acres more or less shown on Plan DD 1115D [2] Part 1.46 acres more or less shown on Plan DD 3839D [3] included in Plans 4516, 6196, 9912, 12491, 13807, and 14156 located at 1510 George Street subject to the following conditions:
a) The dimensions and siting of the building addition to be constructed on the land shall be in general accordance with attached Schedule 'A', 'B' and 'C';
b) The exterior design and finish of the building addition to be constructed on the land shall be in general accordance with attached Schedule 'B' and 'C';
c) A landscaped buffer area adjacent to Highway 97A shall be provided with a minimum width of 2 m. Landscaping shall consist of a grass to shrubbery ratio from 6:4 to 8:2, a minimum of 5% of the area being planted in trees and a minimum of 15% of the area being planted in annuals;
d) The parking and driveway areas shall be provided in general accordance with attached Schedule 'A' and be paved in accordance with Section 1001 of the City of Enderby Zoning Bylaw No. 966, 1987; and
e) Prior to issuance of the Development Permit, security in the amount of 1.5 times the estimated cost of landscaping and paving the parking areas as determined by professional paving and landscaping contractors shall be provided.

AND THAT Council authorize the issuance of Development Variance Permit No. 06-0697-END-DVP for Parcel A (DD P66449) of District Lot 150, Kamloops (formerly Osoyoos) Division Yale District, except those parts thereof: [1] Part 2 acres more or less shown on Plan DD 1115D [2] Part 1.46 acres more or less shown on Plan DD 3839D [3] included in Plans 4516, 6196, 9912, 12491, 13807, and 14156 located at 1510 George Street to permit variances to:
a) Section 1001.3 of the City of Enderby Zoning Bylaw No. 966, 1987 by reducing the number of parking spaces required for the development from 116 to 102 as shown on attached Schedule 'A'; and
b) Section 1001.2.b of the City of Enderby Zoning Bylaw No. 966, 1987 by reducing the width of the manoeuvring aisles adjacent to proposed parking stalls numbered 33-47 and 92 form 8 metres to 6 metres as shown on attached Schedule 'A'.
Carried Unanimously

BYLAWS

Development Application Fee Bylaw No. 1391, 2007

Moved by Councillor Wejr, seconded by Councillor Case that Development Application Fee Bylaw No. 1391, 2007 be reconsidered and adopted.
Carried Unanimously

REPORTS

Councillor Cyr

Councillor Cyr reported that a youth advisory work group is being formed to engage in dialogue with youth. Council will be involved in the process.

Councillor Ludwig

- Attended a Success by Six meeting and reported that M. V. Beattie Elementary will be one of 14 schools in a pilot project to provide on site early childhood education and pre-school.
- Attended an Emergency Social Services meeting which included pre-disaster training. Potential disaster areas have been identified as a result of this years' huge snow pack.
- Attended opening ceremonies of the BC Midget “AA” Provincial Championship at the arena.

Councillor Case

Councillor Case reported the following on behalf of the Chamber of Commerce:
- Enderby in Bloom will be placing an ad in the paper to encourage property owners to tidy up their properties this spring.
- The Chamber will facilitate an industrial trade show. Dates are not yet determined.
- Councillor Case will represent Council as Chamber liaison for the Economic Development Committee.
- The owners of the property adjacent to the Enderby Cliffs have indicated that they are willing to provide access through their property to the Cliffs.

Councillor Shipmaker

Councillor Shipmaker reported that there will be no overall increase in the requisition to NORD this year. Although the budget resulted in a total increase of $12,000, the increase is offset by the amount requisitioned in 2006 for the Amonia, Chlorine, and Sulpher Dioxide Emergency Preparedness Service.

Mayor Phillips

- Mayor Phillips and Councillor Cyr were the City's representatives for the Wheels to Meals luncheon last week.
- Mayor Phillips attended the BC Midget “AA” Provincial Championship opening ceremonies. The organizing committee did a superb job with only 8 weeks to prepare.
- Councillor Cyr will be Acting Mayor for the April 2, 2007 meeting.

Administrator

The Administrator reported that there have not been a lot of applications for the Public Works Superintendent position. There were no local applicants, but some from the general area. Time line in filling the vacancy is dependant on other priorities that arise. The Public Works crew are to be commended for doing a great job.

An emergency generator has been purchased for less than the budgeted amount. There are only slight modifications to be made to the unit. Pat Doorn of Mountain View Electric and the Sub-foreman were very helpful in checking out the equipment prior to purchase.

NORD - Building Permit Reports for February 2007

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

NEW BUSINESS

Alex Wray - Correspondence dated March 1, 2007
Re: Appreciation for Public Works Crew

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

UBCM - Correspondence dated February 27, 2007
Re: 2006 Resolutions

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

UBCM - Correspondence dated March 2, 2007
Re: RCMP Contract Discussions: Issue Identification

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

Regional District of North Okanagan - Correspondence dated February 27, 2007
Re: Noxious Weed Control Program - 2007 Season

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

District of Squamish - Correspondence dated February 22, 2007
Re: Renewal of Funding for the National Homelessness Initiative

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

Minister of Economic Development - Correspondence dated February 27, 2007
Official Opposition - Correspondence dated March 7, 2007
The Council of Canadians - Correspondence dated March 12, 2007
Re: TILMA

Discussion:
The Administrator reported that concerns have been raised by communities due to possible serious ramifications for local governments. The UBCM had advised that they would be keeping members posted on the issue, but have not done so to date. Procuring goods could become crippling if a process is put in place for purchases valued in excess of $10,000. Land use policies and bylaws could also be affected.

Moved by Councillor Cyr, seconded by Councillor Ludwig that clarification be obtained from the UBCM regarding the impact of the Trade Investment and Labour Mobility Agreement on local government.
Carried Unanimously

Canadian Plastics Industry Association - Correspondence dated March 9, 2007
Re: Review of Return to Retail Locations for Plastic Shopping Bags

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

UBCM - In the House

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

Village of Montrose - Correspondence dated March 7, 2007
Re: Reduction of Child Care Programs

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

Regional District of North Okanagan - Correspondence dated February 28, 2007
Re: Open Burning and Smoke Control Bylaws

Discussion:
- Councillor Cyr stated that he feels that Enderby's practices should reflect those of neighbouring communities regarding the minimum allowable standards.
- Councillor Wejr stated that enforcement would be an obstacle and that automobile emissions are worse than wood smoke.
- Enderby currently has no enforcement of the existing bylaw or the guidelines that accompany burning permits.

Moved by Councillor Shipmaker, seconded by Councillor Wejr that the correspondence be received and filed.
Carried
Opposed: Councillor Cyr

Regional District of North Okanagan - Correspondence dated March 13, 2007
Re: Notice of Service Reviews - Correspondence with the City of Vernon

Discussion:
In response to a comment made by the Provincial representative at the recent service review meeting, the Administrator has asked the Regional District of North Okanagan for clarification on the opting out clauses of the transit service.

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

PUBLIC QUESTION PERIOD

Jackie Pearase of the North Valley Echo questioned the price paid for the replacement emergency generator. The Administrator advised that originally, $80,000 was budgeted for a new generator, but was not adequate. $35,000 was then budgeted for a used replacement. The generator was purchased for $17,500 plus the costs of minor modifications and installation.

CLOSED MEETING RESOLUTION

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

ADJOURNMENT

The regular meeting adjourned at 8:05 p.m.
_________________________ _________________________
MAYOR ADMINISTRATOR