THE CORPORATION OF THE CITY OF ENDERBY
Minutes of a Regular Meeting of Council held on Monday, May 2, 2005 at 7:00 p.m. in the Council Chambers of City Hall.
Present: Mayor Phillips
Councillor Sue Brookes
Councillor Earl Shipmaker
Councillor Hubert van Berkel
Councillor Tony Vetter
Administrator Maggie Knox
Treasurer Geri Ferguson
Recording Secretary Bettyann Kennedy
The Press & Public
APPROVAL OF AGENDA
Pages 12 – 27 of the circulated agenda were replaced with new pages numbered 12 – 27a. It was noted that the changes apply to the bylaw wording only and not to the report from Development Services.
Moved by Councillor van Berkel, seconded by Councillor Vetter that the agenda be approved as amended.
Carried Unanimously
ADOPTION OF MINUTES
Committee of the Whole (Planning) Minutes of April 18, 2005
Moved by Councillor Shipmaker, seconded by Councillor Vetter that the Committee of the Whole (Planning) Minutes of April 18, 2005 be approved as circulated.
Carried Unanimously
Regular Minutes of April 18, 2005
Moved by Councillor van Berkel, seconded by Councillor Vetter that the minutes of the Regular Meeting of April 18, 2005 be adopted as circulated.
Carried Unanimously
RECESS
The regular meeting recessed at 7:00 p.m. and reconvened at 7:15 p.m.
BYLAWS – 1st Reading
Official Community Plan Amendment Bylaw No. 1362, 2005
That Part of the South East _ Section 27 Lying East of the West Boundary of the City of Enderby as shown on Plan B1956, Twp 18, Range 9, West of the Sixth Meridian, KDYD, Except Plan KAP55286
Redesignation from Residential Low Density (RLD) to Residential Medium Density (RMD)
Moved by Councillor Vetter, seconded by Councillor van Berkel that Bylaw 1362 which proposes to amend Official Community Plan Map Schedule “B” to re-designate portions of That Part of the South East _ of Section 27 Lying East of the West Boundary of the City of Enderby as shown on Plan B1956, TWP 18, Range 9, West of the 6th Meridian, KDYD, Except Plan KAP55286 from Residential Low Density (RLD) to Residential Medium Density (RMD) as shown on Bylaw 1362 Schedule “A” be given 1st Reading only and that the following issues be addressed prior to 2nd Reading and referral to Public Hearing:
1. That Council undertake a study to determine the adequacy of the City’s water supply system and the adequacy of the City’s waste water system to accommodate residential growth. This study should be undertaken before Council consideration of Second Reading and is necessary for Engineering Staff to provide comments on the servicing needs of this proposal.
2. That the applicant be advised to work with staff to draft a Voluntary Development Works Agreement (Local Government Act Section 937.1) to include servicing issues such as a traffic impact study and possible mitigation strategies, upgrading or improving access to the proposed development (including the issue of secondary access to the property), creation of a new water pressure zone to service the portion of the property above Pressure Zone #2, extension and/or upgrading of the sewer system and an overall storm water management plan that demonstrates how to maintain storm water run-off to pre-development conditions on-site or upgrade downstream capacity of the municipal system.
3. That the applicant be advised to work with staff to finalize locations for parks, the tot lot and walkways/greenways on the property.
4. That the applicant be advised to work with staff to develop a public information strategy to inform the community of their plans.
And further that Bylaw 1363 which proposes to rezone portions of That Part of the South East _ Section 27 Lying east of the West Boundary of the City of Enderby as shown on Plan B1956, TWP 18, Range 9, West of the 6th Meridian, KDYD, Except Plan KAP55286 from Country Residential Zone (C.R) and Residential Single Family Zone (R.1) to Residential Single Family Zone (R.1) and Residential Apartment and Multi-Family Zone (r.3) as shown on Schedule “B” be given 1st Reading only.
Carried Unanimously
BYLAWS – 2nd & 3rd Reading
City of Enderby 2005 – 2009 Financial Plan Bylaw No. 1364, 2005
Moved by Councillor Vetter, seconded by Councillor Brookes the City Of Enderby 2005 – 2009 Financial Plan Bylaw No. 1364, 2004 be given second and third readings.
Carried
Discussion:
… Tax rate has not been increased. Any increase/decrease to property owners will depend on assessment levels.
… To maintain current levels of service for 2006 and assuming assessments remain the same, requisitions of $887,000 in 2006 will result in a tax increase next year of approximately 16% (or .63 per $1,000 assessed value).
… Mayor Phillips stated that not increasing taxes this year would be irresponsible to the next Council who will be facing a substantial increase required in 2006.
… Administrative costs have been pared down in all departments.
… Not as much contingency is being put aside as in the past. A substantial surplus, like that we experienced in 2004, is not anticipated for next year.
… Amount of taxes being raised is not enough to meet expenditures. The Treasurer reported that the bottom line for this year is that taxes are decreased to $3.94 per $1,000 assessed value from $4.19 in 2004.
Amendment to City of Enderby Annual Tax Rate Bylaw No. 1365, 2005
Moved by Councillor Brookes, seconded by Councillor van Berkel that City of Enderby Annual Tax Rate Bylaw No. 1365, 2005 be amended to reflect the 2005 School Tax Rates as provided by the Province of British Columbia.
Carried Unanimously
Moved by Councillor Brookes, seconded by Councillor Vetter that City of Enderby Annual Tax Rate Bylaw No. 1365, 2005 be given second and third reading.
Carried Unanimously
City of Enderby Sewer Frontage Tax Bylaw No. 1366, 2005
Moved by Councillor Shipmaker, seconded by Councillor Vetter that City of Enderby Sewer Frontage Tax Bylaw No. 1366, 2005 be given second and third reading.
Carried Unanimously
City of Enderby Water Frontage Tax Bylaw No. 1367, 2005
Moved by Councillor Brookes, seconded by Councillor Vetter that City of Enderby Water Frontage Tax Bylaw No. 1367, 2005 be given second and third reading.
Carried Unanimously
City of Enderby Sanitary Sewer Regulation and Rates Bylaw No. 1348, 2004 Amendment Bylaw No. 1368, 2005
Moved by Councillor van Berkel, seconded by Councillor Brookes that City of Enderby Sanitary Sewer Regulation and Rates Bylaw No. 1348, 2004 Amendment Bylaw No. 1368, 2005, Schedule “A” be amended to reflect the deletion of the description for Mobile Home Park.
Carried Unanimously
Moved by Councillor Vetter, seconded by Councillor Shipmaker that City of Enderby Sanitary Sewer Regulation and Rates Bylaw No. 1348, 2004 Amendment Bylaw No. 1368, 2005 be given second and third reading.
Carried Unanimously
City of Enderby Water Regulation and Rates Bylaw No. 1347, 2004 Amendment Bylaw No. 1369, 2005
Moved by Councillor Brookes, seconded by Councillor Shipmaker that City of Enderby Water Regulation and Rates Bylaw No. 1347, 2004 Amendment Bylaw No. 1369, 2005 , Schedule “A” be amended to reflect the deletion of the description for Mobile Home Park.
Carried Unanimously
Moved by Councillor Vetter, seconded by Councillor Shipmaker that City of Enderby Water Regulation and Rates Bylaw No. 1347, 2004 Amendment Bylaw No. 1369, 2005 be given second and third reading.
Carried Unanimously
Adoption of the above bylaws are required before May 13, 2005. A Special Meeting of Council was scheduled for 4:30 p.m. Wednesday, May 4, 2005 to present the above bylaws for adoption.
BYLAWS – 3rd Reading and Adoption
Zoning Amendment Bylaw No. 1361, 2005
Lot 2, Section 27, TWP 18, Range 9 West of the 6th Meridian, KDYD, Plan KAP46537 – 222 Salmon Arm Drive
From Country Residential Zone (C.R) to Residential Single Family Zone (R.1-A)
Moved by Councillor Vetter, seconded by Councillor van Berkel that Zoning Amendment Bylaw No. 1361, 2005 be given third reading.
Carried Unanimously
Discussions:
… Council determines policies affecting subdivisions through the adoption of the Subdivision Servicing and Development Bylaw, the Zoning Bylaw, and the Official Community Plan Bylaw. The Approving Officer is bound by these bylaws and legislation. The development must be both possible and feasible to be approved.
… Any amendments to bylaws would not affect this application.
… Councillor Shipmaker commented that if the application meets all the requirements of the bylaws and any applicable legislation, the Approving Office cannot deny the application. Approval is not a personal decision, but dependant upon meeting the requirements of the existing bylaws.
Moved by Councillor Vetter, seconded by Councillor Brookes that Zoning Amendment Bylaw Bo. 1361, 2005 be reconsidered and adopted.
Carried Unanimously
REPORTS
Councillor van Berkel
Attended OMMA Convention.
Mayor Phillips
… Attended OMMA Convention.
… A gift from OMMA to the City to commemorate the City’s Centennial was displayed at the meeting. It will be permanently installed in the lobby of City Hall.
… The Mayor is unable to attend a “Year of the Veteran” banquet at the Legion on May 6th. Councillor van Berkel will attend in her place.
Public Works Superintendent – Status Report
Moved by Councillor Brookes, seconded by Councillor Vetter that the report be received and filed.
Carried Unanimously
Building Permit Detail Report & Building Inspections Statistical Report – March 2005
Moved by Councillor Shipmaker, seconded by Councillor Brookes that the report be received and filed.
Carried Unanimously
NEW BUSINESS
Development Variance Permit Application No. 05-0194-END-DVP
… Lot 25, DL 150, K(formerly O)DYD, Plan 211, Except (1) the North 50 Feet, (2) the South 10 Feet
… Parcel A (Plan B7280) of Lot 25, DL 150, K(formerly O)DYD, Plan 211
… Lot 1, DL 150, K(formerly O)DYD, Plan 18088
… The West 12 Feet of North 50 Feet of Lot 25, DL 150, K(formerly O)DYD, Except Plan 18088
902, 904, 906 Maud Street
Applicant: Herman Drescher
To vary Section 501.9 of the City o Enderby Zoning Bylaw 966 waiving the requirement for provision of of-street parking.
The Committee of the Whole (Planning) has recommended approval of this application.
Moved by Councillor Vetter, seconded by Councillor Shipmaker that Development Variance Pertmit for Lot 25, District Lot 150, K (formerly O)DYD, Plan 21, Except (1) the North 50 Feet, (2) the South 10 Feet; Parcel A (plan B7280) of Lot 25, District Lot 150, K(formerly O)DYD, Plan 211; Lot 1, District Lot 150, K(formerly O)DYD, Plan 18808; and the West 12 Feet of North 50 Feet of Lot 25, District Lot 150, K(formerly O)DYD, Except Plan 18088, to vary Section 501.9 of the City of Enderby Zoning Bylaw 966 to waive the requirement for provision of off-street parking be approved;
And Further That Council direct staff to prepare an amendment to the City of Enderby Zoning Bylaw 966 to include a provision for exemption from the parking requirements for existing buildings and small additions thereto within the downtown core.
Carried Unanimously
Development Permit Application No. 05-0206-END-DP
Lot 1, DL 226, ODYD, Plan KAP77022
189 Brickyard Road
Applicant: 718678 B. C. Ltd. (Jim Croken)
The following sections of the City of Enderby Zoning Bylaw 966 are proposed to be varied:
1) Vary Section 403.2 (a)(iii) to reduce the required landscaped buffer area which abuts the highway.
2) Waive the requirement for off-street loading.
The Committee of the Whole (Planning) has recommended approval of this application.
Moved by Councillor Brookes, seconded by Councillor van Berkel that Council approve a Development Permit for Lot 1, DL 226, ODYD, Plan KAP77022 (654412 BC Ltd) subject to the following conditions:
a. Section 403.2(a)(iii) of the Zoning Bylaw is varied to reduce the requirement for a landscaped buffer along Brickyard Road (front) from 9 metres to 1 metre; and
b. The requirement for off-street loading, as per Section 1101 of the Zoning Bylaw be varied from 2 loading zoned to 0; and
c. Signage shall meet the requirements of Section 404 of the Zoning Bylaw and shall be designed in conformance with the OCP guidelines for Form and Character of Industrial Development; and
d. The exterior design of the building shall incorporate products which complement the natural setting and adjacent land uses; and
e. Parking shall be in accordance with Section 1001 of the Zoning Bylaw; and
f. Paving shall be in accordance with Section 1001.2.(e) of the Zoning Bylaw and all drainage works shall be approved by the Public Works Superintendent; and
g. Screening shall be in accordance with Section 403.1 of the Zoning Bylaw; and
h. Landscaping shall be in accordance with Section 403.2 of the Zoning Bylaw with the exception of the variance noted in a. above and shall be in substantial compliance with the site plan attached as Schedule “A”; and
i. If chemical or fuel storage is proposed at any time on the subject property, impervious catch basins shall be installed to mitigate any potential contamination that may result from spills or leaks; and
j. An irrevocable letter of credit in the amount of 1.5 times the amount of a professional paver’s estimate and a professional landscaper’s estimate for the work outlined above shall be provided to the City of Enderby as a condition precedent to issuance of building permits for the proposed development.
Carried Unanimously
Permissive Tax Exemption – 104 Meadow Crescent
The Administrator informed Council that consultation with the B. C. Assessment Authority has resulted in exemption also being allowed for the parking lot behind City Hall.
Moved by Councillor van Berkel, seconded by Councillor Vetter that Council approve in principle the exemption from taxation of Lot 2, Block 6, Plan 211A, KDYD.
Carried Unanimously
Kamloops Black Sox Baseball Club – Special Occasion License
Local RCMP, when consulted on this application, suggested that an earlier closing time for Monday would be appropriate.
Moved by Councillor Brookes, seconded by Councillor van Berkel that Council approve a Special Occasion License to the Kamloops Black Sox Baseball Club from 6:00 p.m. till Midnight on May 20th, 10:00 a.m. till Midnight on May 21 and 22nd, and 10:00 a.m. till 8:00 p.m. on May 23, 2005.
Carried Unanimously
Charity Carnival Committee – Change of Venue for Street Closure Request
Moved by Councillor Brookes, seconded by Councillor Vetter that Council approve street closure of Cliff Avenue between George Street and Old Vernon Road, and Belvedere Street at Mill Avenue on August 5., 2005 from 3:00 p.m. – 9:00 p.m. for the Charity Carinival.
Carried Unanimously
3063 Rocky Mountain Rangers – Request for Use of Maud St. Parking Lot
Moved by Councillor Brookes, seconded by Councillor van Berkel that Council approve use of the Maud Street Parking Lot on Sunday, May 29, 2005 from 1:00 p.m. till 3:00 p.m. for their Annual Ceremonial Review.
Carried Unanimously
“Blue Bag” Collection Contract
Only one tender bid was received. The least expensive option represents an increase from $0.99 per unit to $1.35 per unit. Accumulated surplus would need to be accessed to fund the new contract.
Moved by Councillor van Berkel, seconded by Councillor Vetter that Aldon Waste Systems Ltd. be awarded the Residential Curb Side Blue Bag Collection Contract for a one day per week (bi-weekly) collection at a cost of $1.35 unit price per month with garbage collection being changed to a one day per week pickup on Mondays only.
Carried Unanimously
PUBLIC QUESTION PERIOD
Jackie Pearase of the North Valley Echo sought clarification on the term “unit” for the Blue Bag contract. Unit refers to household.
Also clarified: Frontage tax is in addition to general tax.
Jonathan Turpin of 223 Salmon Arm Drive asked Council to please use terminology that is more easily understood by the public. He also sought clarification as to where Salmon Arm Drive ends and Gunter Ellison Road begins in reference to the re-zoning application.
ADJOURNMENT
The regular meeting adjourned at 8:30 a.m.
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MAYOR ADMINISTRATOR