THE CORPORATION OF THE CITY OF ENDERBY

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

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

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

APPROVAL OF AGENDA

Moved by Councillor Ludwig, seconded by Councillor Wejr that the agenda be approved with planning items to immediately follow Delegations.

Carried Unanimously

ADOPTION OF MINUTES

Minutes of the Regular Meeting of November 7, 2005

Moved by Councillor Wejr, seconded by Councillor van Berkel that the Minutes of the Regular Meeting of October 17, 2005 be adopted as circulated.

Carried Unanimously

DELEGATIONS

Bob Cowan, Chair – Enderby Centennial Committee and Enderby Heritage Commission
Re: Transfer of residual funds from the Centennial Committee to the Heritage Commission

Mr. Cowan thanked Council for their support.
- The Centennial Committee total income was approximately $60,500; expenses were approximately $52,000. Only the helicopter rides resulted in a net loss of approximately $1,000.
- The City has contributed a total of $9,195 over five years. An additional $3,900 was budgeted and remains in the City’s accounts.
- A Centennial Committee meeting will be held to determine how surplus funds will be spent, with consideration to be given to donations to various community organizations.
- The Centennial Committee was requesting that the balance of funds being held by the City be made available to the Heritage Commission in order to be leverage grant funding and accelerate the plaque program – the City would then remove the $1,000 per year contribution to the plaque program from its five year financial plan.

Alyson Witts, Secretary – Enderby and District Arts Council

Karen Desimone, President was also present.
Ms. Witts addressed Council with the following comments:
- The Enderby and District Arts Council (EDAC) is requesting an ongoing annual grant.
- Council has formally recognized EDAC as a cultural entity.
- Their projects include 4 concerts held this summer, the Art Walk, a juried art show, and engaging 12-18 year olds in poetry and art.
- The arts community is rich in this area. EDAC is concerned that following school, young people are having to leave Enderby to pursue art programs.
- Ms. Witts referred to Council’s Annual Report which states that it is the objective of Council to improve communications with community groups and offer financial support through grants.
- The Arts Council of B. C. offers grants, but EDAC has been unable to qualify because financial support has not been obtained from the City.
- As Enderby grows, the demand for the arts will also increase. Focus should not be just on recreation facilities, but also arts. Funding is required for both.
- EDAC is interested in receiving the survey that is mentioned in Council’s Annual Report seeking input from various groups to create a vision for the City.
- It is the vision of EDAC to have a performing arts space within the City.

Ms. Witts invited questions from Council:
- The amount of the funding is a decision of Council. Even a small amount of a few hundred dollars would indicate municipal financial support and help in acquiring provincial grants.


BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Review of Setback Requirements of Zoning Bylaw No. 966

Discussions:
- Staff is seeking direction from Council as to the intended scope of review of setbacks discussed at the October 17 Council meeting. If only R.1 and R.1A zones are involved, the process may be fairly simple. If other zones are to be involved, it could be a more complicated process.
- There appears to be a perception by the public that changes are being made as a result of discussions at the October 17 meeting.
- Changes to front yard setbacks would impact site lines of existing properties in areas that are partially developed. A change to the rear yard setbacks would have a lesser impact.
- Changes to the setback requirements in the R1 and R1.A zones would reduce the number of Development Variance applications, thereby saving the City considerable staff time and money.
- It was consensus of Council that this item will be discussed in a Committee of the Whole meeting.
- A Committee of the Whole meeting is scheduled for 6:00 p.m. November 21, 2005 to determine the scope of the review.

BYLAWS

Zoning Bylaw No. 966, 1987 Text Amendment Bylaw No. 1375, 2005
Application to amend the text of the Residential and Multi-Family Zone
Re: Adult Retirement Housing
Applicant: Okanagan Structures Inc. C/o Joe Bifano

Planner Rob Smailes introduced the application which proposes to reduce the minimum lot size to match that of apartment housing.

As a result of the discussion from the October 17 Council meeting to consider standardizing all criteria in the R.3 zone for apartments and adult retirement housing, the Fire Department was consulted for input. The Fire Department has a concern about 3 stories for adult retirement housing due to equipment restrictions and difficulty in rescue services. Standardizing the criteria would result in less flexibility in developing adult retirement housing.

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Zoning Bylaw 966, 1987 Text Amendment Bylaw 1375, 2005 to:

a) Delete Section 704.10(i) to remove the restriction that “adult retirement housing shall not be permitted on lots smaller than 0.3 hectares (0.74 acres); and
b) Amend Section 704.6(e) to read “1,900 m2 (20,452 square feet) for apartment, multi-family and adult retirement housing use; or”

be given First and Second Reading and referred to Public Hearing.

Carried Unanimously

NEW BUSINESS

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

1) To vary the special building line setback from the centreline of Regent Avenue from 18 metres to 15.03 metres; and
2) To vary the width of a manoeuvring aisle from 8 metres to 5.48 metres

Planner Rob Smailes introduced the application. It was noted that the applicant, in considering input from the Fire Inspector, is changing the request for reduction of the manoeuvring aisle from 5.48 metres to 6 metres.

Discussions occurred regarding parking requirements. As there is no room for parking within the complex, guest parking should be considered. Street parking will likely occur.

Moved by Councillor Vetter, seconded by Councillor Ludwig that Council give notice of intent to consider a Development Variance Permit at the November 21, 2005 meeting; and

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 (Okanagan Structures c/o Joe Bifano) 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 Section 402.6(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 a manoeuvring aisle pursuant to Section 1001.2(b) of the City of Enderby Zoning Bylaw 966, from 8 metres to 5.48 metres not be approved; and

That due to emergency vehicle access issues, Council will consider a variance to the manoeuvring aisle width to not less than 6 metres 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.

Carried

Development Permit Application No. 05-0599-END-DP
Lot 1, DL 150, ODYD, Plan 42944; and
Lot 2, DL 150, ODYD, Plan 38564, Except Plan 42944 – 506 and 508 Regent Avenue
Applicant: Okanagan Structures Inc. C/o Joe Bifano
Proposed Use: 14 unit retirement housing development

Planner Rob Smailes introduced the application and reviewed the recommendations from Development Services.

Discussion:
- Any off-site issues such as curbs and sidewalks are dealt with at time of subdivision. They will be addressed when the two lots are consolidated.
- CP Rail had a long list of issues to be addressed. Most of the issues do not apply to form and character. Vibration issue will possibly be addressed at the building permit stage. There is no authority to address the other items at this stage.

Moved by Councillor Ludwig, seconded by Councillor Vetter that the Development Permit for Lot 1, Plan 42944 and Lot 2, Plan 38564. District Lot 150, Osoyoos Division Yale District (Bifano) be approved to included the following conditions:

a) Issuance of this Development Permit should be withheld pending adoption of Text Amendment Bylaw 1375, 2005, and pending receipt of confirmation that the two subject properties have been consolidated to form one parcel; and
b) Development of the subject property shall be in substantial compliance with the drawings by Okanagan Structures, attached as Schedules A-1 to A-9; and
c) All buildings shall be constructed to meet the flood construction elevation of 353.4 metres GSC Datum; and
d) All proposed signage shall conform to Section 404 of the City of Enderby Zoning Bylaw 966; and
e) Landscaping for the development will be in substantial compliance with Schedule ‘A-1’ (Landscape Plan) which is attached and forms part of this permit; and
f) Paving shall be in accordance with Section 1001.2(e) of the City of Enderby Zoning Bylaw; and
g) Security in the amount of 1.5 times the estimated cost of landscaping and paving (as determined by professional landscaping and paving contractors) shall be provided to the City of Enderby prior to the issuance of Building Permits for the proposed construction; and
h) All stormwater drainage works shall be approved by the Public Works Superintendent and shall not drain onto the adjacent railway corridor; and
i) Outdoor storage areas and garbage containers should be screened with walls, fencing, hedging, planting, or other screening materials; and
j) A covenant shall be registered on the title of the subject property to alert potential purchasers that the adult retirement housing development is restricted to persons aged 55 and over; and
k) The following conditions with respect to the adjacent CP Rail Right of Way shall also apply:

1. A berm, or combination berm and noise attenuation fence, having extensions or returns at the ends, is to be erected on the subject property, parallel to the railway right of way, but not on the railway right of way.

Carried Unanimously

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

New Deal for Cities and Communities
Community Works Fund Agreement

Moved by Councillor Wejr, seconded by Councillor van Berkel that the Mayor and Administrator be authorized to sign the agreement with the Union of British Columbia Municipalities on the Transfer of Federal Gas Tax Revenues Under the New Deal for Cities and Communities, Community Works Fund Agreement.

Carried Unanimously

Board of Variance Appointments

Moved by Councillor Wejr, seconded by Councillor Ludwig that Tony Oudman, James H. Kjarsgaard, and Louis Lachapelle be appointed to the Board of Variance.

Carried Unanimously

REPORTS

Councillor Ludwig

Councillor Ludwig attended an Emergency Social Services meeting in Armstrong. There will be 26 ads of “tips” placed in the local newspaper.

Mayor Phillips

Mayor Phillips attended a meeting of the Community Advisory Board for the Enderby Health Centre. Two doctors are leaving, but seven have expressed an interest in coming to Enderby. There has been an influx of Armstrong patients at the Health Centre due to the retirement of doctors in Armstrong.

Administrator

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

Carried Unanimously

Treasurer

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

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

Carried Unanimously

2) Financial Position to September 30, 2005

Discussion:
- The Administrator informed Council that it may be necessary to access operating reserves.
- The Treasurer expects to have the funds for the sewer capital project in the next couple of weeks.
- Councillor Vetter questioned why old equipment is still being repaired instead of being replaced. The Public Works Superintendent has addressed this issue in his equipment report. The Public Works Superintendent recommendations will be presented once the Administrator has reviewed the report.

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

Carried Unanimously

NEW BUSINESS

Agreement for the Provision of Planning Services

Moved by Councillor van Berkel, seconded by Councillor Ludwig that the City of Enderby enter into an agreement with the Regional District of North Okanagan for the provision of Planning Services in the form included in the Council meeting agenda of November 7, 2005.

Carried Unanimously

Fire Protection Committee Recommendation
Re: Letter of Understanding between the City of Enderby and the Shuswap River Fire Protection District

Councillor Shipmaker declared a conflict as he is Chair of the Shuswap River Fire Protection District and left the meeting.

Moved by Councillor van Berkel, seconded by Councillor Wejr that the Mayor and Administrator be authorized to sign the Letter of Understanding with the Shuswap River Fire Protection District.

Carried Unanimously

Councillor Shipmaker returned to the meeting.

Council Remuneration

Moved by Councillor Wejr, seconded by Councillor Vetter that this item be tabled until after the municipal election.

Defeated

Moved by Councillor Shipmaker, seconded by Councillor van Berkel that an adjustment be made to the travel expenses of the Council Remuneration and Expenses Bylaw by increasing mileage to $0.40 per kilometre.

Carried Unanimously

Enderby Centennial Committee and Enderby Heritage Commission
Re: Transfer of residual funds from Centennial Committee to Heritage Commission

Moved by Councillor Wejr, seconded by Councillor van Berkel that the residual Centennial funds remaining in account with the City be made available to the Heritage Commission for the plaquing program.

Carried Unanimously

Enderby and District Arts Council
Re: Financial Support for the Arts

Moved by Councillor Wejr, seconded by Councillor van Berkel that this item be referred for consideration during budget deliberations, and that staff be directed to research the practise of other communities in financial support of the arts in their communities.

Carried Unanimously

Community Christmas Committee
Re: Annual Light-Up

Discussion:
- LED lights have been upgraded on City Hall. There is a pending application for funding from B. C. Hydro, but it will not be approved this year.
- Public Works Superintendent will discuss the parade route with the Community Christmas Committee.

Moved by Councillor Wejr, seconded by Councillor Shipmaker that Council approve the purchase of a $50.00 gingerbread shaped sandwich board and approve a “North Pole” display outside of City Hall.

Carried Unanimously

R.C.M.P.
Re; Police – Community Issues

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

Carried Unanimously

Municipal Finance Authority
Re: Fall Debenture Issue

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

Carried Unanimously

Municipal Insurance Association
Risk Management Tidbits

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

Carried Unanimously

Youth Parliament of B. C.

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

Carried Unanimously

Controlled Substances Property Remediation Bylaw

Councillor Brookes was to speak to this item but was not in attendance. This item will be placed on the November 21, 2005 agenda.

PUBLIC QUESTION PERIOD

Councillor Vetter presented a suggestion that Council consider creating a time capsule with each member of Council contributing an item. This capsule would be kept in safekeeping to be opened at a future date.

Moved by Councillor Vetter, seconded by Councillor Wejr that a time capsule be created with each member of the 2003 – 2005 Council to contribute an item for inclusion in the capsule.

Carried Unanimously

CLOSED MEEETING RESOLUTION

Moved by Councillor Wejr, seconded by Councillor van Berkel 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 8:25 p.m.





______________________ _____________________
MAYOR ADMINISTRATOR