THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on November 21, 2005 at 7:00 p.m. in the Council Chambers of City Hall.

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

Administrator Maggie Knox
Treasurer Geri Ferguson
Planner Greg Routley, NORD
Recording Secretary Bettyann Kennedy
The Press & Public

APPROVAL OF AGENDA

The following items were added as late items under New Business:
-Controlled Substance Property Remediation Bylaw
-Enderby and District Chamber of Commerce Annual General Meeting
-Election Concerns

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

Carried Unanimously

ADOPTION OF MINUTES

The following change was made to Mayor Phillips’ report: The word “several” to be deleted from the last sentence.

Moved by Councillor Vetter, seconded by Councillor Wejr that the Minutes of the Regular Meeting of November 7, 2005 be adopted as amended.

Carried Unanimously

PUBLIC AND STATUTORY HEARINGS

Mayor Phillips read the rules of procedure for the evening’s public hearing.

Mayor Phillips introduced the following bylaw:

Zoning Bylaw Text Amendment No. 1375, 2005
To amend the text of the City of Enderby Zoning Bylaw 966, 1987 by reducing the minimum lot size standard for adult retirement housing from the existing 0.3 hectares (0.74 acres) to the proposed 0.19 hectares (0.47 acres).

The Planner outlined the application and the recommendation from Development Services to approve the amendment to the zoning bylaw.

There were no speakers or written submissions.

The Public Hearing closed at 7:05 p.m.



DELEGATIONS

Murray Rossworn
2005 Audit

Mr. Rossworn outlined the standards for audits as prescribed by the Institute of Chartered Accountants. He covered the areas that are targeted for audit and the process that takes place in making their report.

Council was encouraged to ask questions of Mr. Rossworn at any time.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Development Variance Permit No. 05-0775-END-DVP
Lot 1, DL 150, ODYD, Plan 42944; and Lot 2, DL 150, ODYD, Plan 38564, Except Plan 42944 – 506 & 508 Regent Avenue
Okanagan Structures Inc. c/o Joe Bifano

The Planner introduced the application and recommended approval with conditions on manoeuvring aisle. A Development Permit has been approved and is being held pending adoption of the related text amendment bylaw.

Discussions:

There were discussions regarding whether 6 metres would be enough for emergency vehicles to manoeuvre if there were cars parked in the aisle. The Fire Commissioner’s recommendation was based on the area being a no parking zone.

Moved by Councillor Vetter, seconded by Councillor Ludwig that the Development Variance Permit for Lot 1, District Lot 150, Osoyoos Division Yale District, Plan 42944; and Lot 2, District Lot 150, Osoyoos Division Yale District, Plan 38564, Except Plan 42944 be dealt with in the following manner:

That the request to vary the special building line setback from the centreline of Regent Avenue pursuant to Section402.6(a)(i)(g) of the City of Enderby Zoning Bylaw 966 from 18 metres (12 metres + 6 metres) to 15.03 metres be approved; and

That the request to vary the width of the manoeuvring aisle pursuant to Section 1001.2(b) of the City of Enderby Zoning Bylaw 966, from 8 metres to 6 metres be approved subject to the following conditions:

a) No on-street parking of vehicles shall be permitted and appropriate signage shall be placed along the access drive indicating this; and
b) A visitor parking area shall be established on the subject property and delineated on a site plan, and this parking area shall be clearly marked with appropriate signage. Submission of the site plan shall be a condition precedent to issuance of the Development Variance Permit; and
c) Snow accumulated on the internal access road shall be removed from the property at the expense of the owner.

Discussion:

The specific number of visitor parking stalls has not been specified. Also, responsibility for enforcement of no parking in the manoeuvring aisle has not been specified.


Moved by Councillor Shipmaker, seconded by Councillor Brookes that item a) of the motion be amended to define that the strata council will be responsible for enforcement of no parking in the manoeuvring aisle; and

That item b) specify that the minimum number of visitor parking stalls shall be four.

Carried Unanimously

The question was called on the original motion as amended.

Carried Unanimously


BYLAWS – 3 Readings

Zoning Bylaw Text Amendment No. 1375, 2005
To amend the text of the City of Enderby Zoning Bylaw 966, 1987 by reducing the minimum lot size standard for adult retirement housing from the existing 0.3 hectares (0.74 acres) to the proposed 0.19 hectares (0.47 acres).

Moved by Councillor Brookes, seconded by Councillor Ludwig that “City of Enderby Zoning Bylaw No. 966, 1987 Text Amendment Bylaw No. 1375, 2005” be read a third time.

Carried Unanimously

It was the consensus of Council that the remaining Development items (under NEW BUSINESS) be dealt with at this point in the agenda.

NEW BUSINESS

Development Variance Permit Application No. 05-0791-END-DVP
Lot 8, DL 226, ODYD, Plan KAP78525 – 2006 Waterwheel Street
Applicant: June Danforth
To vary the rear yard setback pursuant to Section 701.10(d) of the City of Enderby Zoning Bylaw No. 966 from 8 metres to 6.78 metres.

The Planner introduced the application and explained that due to the existing bylaw, Development Services did not recommend approval.

The Administrator noted that this application is consistent with a previous application approved on the same street which prompted Council to review the setbacks of the residential zones.

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Council give notice of intent to consider a Development Variance Permit Application to vary the rear yard setback from 8 metres to 6.78 metres at the December 5, 2005 meeting.

Carried Unanimously

Development Variance Permit Application No. 05-0753-END-DVP
Lot 3, Section 27, Twnshp 18, Range 9, West of the 6th Meridian, KDYD, Plan KAP46537 – 224 Salmon Arm Drive
Applicant: Daniel and Nancy Klassen
1) To vary the exterior side yard setback from 12 metres to 4 metres;
2) To vary the special building line setback from 24 metres from the centreline of Gunter-Ellison Road to 13 metres from the centreline of Gunter-Ellison Road;
3) To 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.

The Planner introduced the application. Due to changes made to the original
application that was previously denied by Council, Development Services is
recommending approval. The variances being sought are consistent with
adjacent properties.

Moved by Councillor Ludwig, seconded by Councillor Wejr that Council give notice of intent to consider a Development Variance Permit:
1) To vary the exterior side yard setback from 12 metres to 4 metres;
2) To vary the special building line setback from 24 metres from the centreline of Gunter-Ellison Road to 13 metres from the centreline of Gunter-Ellison Road;
3) To vary the rear yard setback from 8 metres to 2 metres
at the December 5, 2005 meeting.

Carried Unanimously

Councillor Shipmaker returned to the meeting.

BYLAWS – 3 Readings

Remuneration and Expenses Bylaw No. 1374, 2005
A bylaw to provide for payment of remuneration and expenses to the Mayor and Councillors of the City of Enderby.

Moved by Councillor Wejr, seconded by Councillor Brookes that Council Remuneration and Expenses Bylaw No. 1374, 2005 be introduced and given three readings.

Carried Unanimously

REPORTS

Councillor Brookes

Councillor Brookes wished Mayor and Council good luck in the next term. It has been her privilege and pleasure to serve the City of Enderby.

Councillor van Berkel

Councillor van Berkel took part in a computer generated meeting of the 2010 Spirit of B. C. Community Committee. The focus of the group will shift from the Olympics themselves to the building of communities. He hopes that Council will continue to participate in the Spirit of B. C. Community Committee.

Councillor van Berkel also attended a Success by Six meeting. The Provincial and Federal governments have allotted funds for capital projects. Daycare spaces is a major focus. Municipal participation is required and Councillor van Berkel is hopeful that Council will continue to support the Success by Six program.

Councillor van Berkel wished the new Council well and has enjoyed serving his three year term.

Councillor Shipmaker

Councillor Shipmaker expressed his thanks to Councillor Brookes and Councillor van Berkel for their hard work during their term.


Councillor Wejr

Councillor Wejr expressed appreciation for getting to know Councillor Brookes and Councillor van Berkel. She wished them and the new members of Council good luck.

Mayor Phillips

Mayor Phillips informed Council that representatives for the One-Tonne Challenge have expressed a willingness to make a presentation to Council in December or January. It was consensus to extend an invitation to them to make a presentation in the new year.

Interior Health is fully funding Handi-Dart service for Enderby and area. The service begins November 22 and is offered every Tuesday. 545-7221 is the number to call to make arrangements for pick-up.

Mayor Phillips also expressed congratulations to those successful candidates and thanked Councillor Brookes and Councillor van Berkel for their hard work during their term on Council.

Treasurer

1) Disclosure of Contracts with Council Members and Former Council Members

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

Carried Unanimously

2) Financial Position to October 31, 2005

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

Carried Unanimously

3) Big On-Line Program

Discussion:

Although budgeted for in past years, the City has not subscribed to the program. Other municipalities have not benefited from participation. Research indicates that non-profit groups have benefited, but not municipalities. It is a very time-consuming application process. Councillor Shipmaker will discuss the program with the Chamber of Commerce.

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

Carried Unanimously

NEW BUSINESS

Murray Rossworn – Terms of Engagement

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

Carried Unanimously


Canadian Union of Postal Workers
Re: Canada Post Closing Post Offices and Plants

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

Carried Unanimously

Western Rubber Products Ltd.
Re: Tipping Fees on Tires

Discussions:

Councillor Vetter shared his knowledge of the issue with Council.

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

Carried Unanimously

UBCM – Community Health Promotion Fund
Re: Pilot Projects Announcement

The submission made by the Enderby and District Health Centre was unsuccessful.

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

Carried Unanimously

Controlled Substance Property Remediation Bylaw

Councillor Brookes circulated a copy of a bylaw that has been adopted by the City of Vernon. The City of Armstrong is considering a similar bylaw in their community. Councillor Brookes encouraged Council to study the bylaw and consider introducing a similar bylaw for Enderby. The RCMP has expressed an interest in reviewing and offering input.

Moved by Councillor Brookes, seconded by Councillor Wejr that Council consider introducing a bylaw addressing controlled substances.

Carried Unanimously

Enderby and District Chamber of Commerce
Re: Annual General Meeting

Council was reminded that the Annual General Meeting takes place at the Legion Hall on November 28th at 6:30 p.m. and to please RSVP the Chamber office.

Election Concerns

Councillor Vetter presented a letter from Lee Polson and Colin Tindall who claim that they were not permitted to vote in the Enderby election and were influenced by election officials to vote in the Area F election.

The Administrator recommeded that the letter be referred to the Inspector of Municipalities to investigate.


Moved by Councillor Vetter, seconded by Councillor Ludwig that the letter of complaint received from Lee Polson and Colin Tindall be referred to the Inspector of Municipalities for investigation.

Carried Unanimously

PUBLIC QUESTION PERIOD

Jackie Pearase of the North Valley Echo inquired as to the outcome of the Committee of the Whole meeting regarding setbacks. It was the consensus of Council that a bylaw will be introduced to adjust the rear yard setback, the front yard setback, and lot coverage ratio in the R.1 and R.1A zones.

Duncan Walker of 813 Regent Avenue commented that it would appear that residential development is getting closer to the sewer treatment plant. He asked Mayor and Council to consider this when dealing with developments.

CLOSED MEEETING 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 8:15 p.m.





______________________ _____________________
MAYOR ADMINISTRATOR