THE CORPORATION OF THE CITY OF ENDERBY

Minutes of a Regular Meeting of Council held on Monday, October 4, 2004 at 7:00 p.m. in the Council Chambers of City Hall.

Present: Mayor Sue Phillips

Councillor Sue Brookes

Councillor Beryl Ludwig

Councillor Earl Shipmaker

Councillor Hubert van Berkel

Councillor Tony Vetter

Councillor Dee Wejr

Administrator Maggie Knox

Planner Rob Smailes, NORD

Treasurer Geri Ferguson

Public Works Superintendent Alf Soros

Recording Secretary Bettyann Kennedy

The Press & Public

APPROVAL OF AGENDA

Additions to Agenda, under New Business:

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

ADOPTION OF MINUTES

Moved by Councillor van Berkel, seconded by Councillor Brookes that the minutes of the Regular Meeting of September 20, 2004 be adopted as circulated.

Carried Unanimously

RECESS

The regular meeting recessed at 7:05 p.m. and reconvened at 7:40 p.m.

DELEGATIONS

Mayor Colin Mayes, District of Salmon Arm

Re: Japanese "Sister" City

The District of Salmon Arm and School District 83 have enjoyed a twinning program for 15 years. They have a great relationship which has created a healthy cultural exchange for the students.

In Japan, the city takes care of the school. They will be amalgamating approximately 3,000 cities to become only 800. Salmon Arm’s twin city of Asumi Machi will join 3 other communities to become a population of approximately 50,000.

Mayor Mayes is suggesting that the communities of Salmon Arm, Enderby, Armstrong and Sicamous join together become the Sister City to Asumi Machi.

Currently, $10,000 is being spent on the project. This covers the expense of sending a Councillor to Japan, funding a houseboat trip for exchange students, homestays, and student exchanges. By joining together, costs could be shared.

Asumi Machi has not yet confirmed if they will continue to participate, but Mayor Mayes expects that they will. He asks that Council consider this project in 2005 budget deliberations.

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Japanese Sister City

It was consensus of Council to defer this item to the budget process.

BYLAWS

Zoning Amendment Bylaw No. 1349, 2004

Lot A, D.L. 150, K.D.Y.D., Plan 35976, 130 Cliffview Lane to be rezoned from Residential Mobile Home Park Zone (R.5) to Residential Single Family Zone (R.1A)

The Planner advised Council that approval has been received from the Ministry of Transportation.

Moved by Councillor Wejr, seconded by Councillor Ludwig that Zoning Amendment Bylaw No. 1349, 2004 be reconsidered and adopted.

Carried

Zoning Text Amendment Bylaw No. 1350, 2004

To allow a Temporary Residence for the Medical Care and Nursing of an Owner or an Immediate Relative

Moved by Councillor Wejr, seconded by Councillor van Berkel that Zoning Text Amendment Bylaw No. 1350, 2004 be reconsidered and adopted.

Carried Unanimously

City of Enderby 2005 Tax Exemption Bylaw No. 1356, 2004

A Bylaw to Exempt Certain Properties from Taxation for the year 2005

Moved by Councillor Ludwig, seconded by Councillor Brookes that City of Enderby 2005 Tax Exemption Bylaw No. 1356, 2004 be introduced and given three readings.

Carried Unanimously

Official Community Plan Amendment Bylaw No. 1351, 2004

Lot 1, Plan KAP61900, DL 150, K.D.Y.D. (North Enderby Distribution) from Tourist and Commercial to Service Commercial

Moved by Councillor Shipmaker, seconded by Councillor Brookes that Official Community Plan Amendment Bylaw No. 1351, 2004 be read a third time.

Carried

Opposed: Councillor Ludwig

Councillor Wejr

Moved by Councillor Brookes, seconded by Councillor Shipmaker that Official Community Plan Amendment Bylaw No 1351, 2004 be reconsidered and adopted.

Carried

Opposed: Councillor Ludwig

Councillor Wejr

Zoning Amendment Bylaw No. 1352, 2004

Lot 1, Plan KAP61900, DL 150, K.D.Y.D. (North Enderby Distribution) from

Tourist Commercial Zone (C.2) to Service Commercial Zone (C.4)

Moved by Councillor Shipmaker, seconded by Councillor Brookes that Zoning Amendment Bylaw No. 1352, 2004 be read a third time.

Carried

Opposed: Councillor Ludwig

Councillor Wejr

Zoning Text Amendment Bylaw No. 1353, 2004

To amend Section 503.11.b of the City of Enderby Zoning Bylaw 966 to allow outdoor storage of lumber products in the Service Commercial Zone

Moved by Councillor Shipmaker, seconded by Councillor Brookes that Zoning Text Amendment Bylaw No. 1353, 2004 be read a third time.

Carried

Opposed: Councillor Ludwig

Councillor Wejr

 

REPORTS

Councillor Wejr

Councillor Wejr attended the UBCM Convention and found the workshops to be valuable. There was an announcement made last week that the old Hospital will be used for assisted living.

Councillor van Berkel

It is encouraging that the Ministry of Transportation is looking at alternatives to the crossing at Knight Street and Highway 97A.

Councillor Ludwig

Councillor Ludwig found the UBCM Convention to be informative. The workshop on Offshore Oil Drilling was very enlightening and the workshop on Youth and Drugs was frightening.

Mayor Phillips

Casino revenue sharing was discussed at the Small Talk Forum at UBCM. Unfortunately there was no support forthcoming.

Enderby in Bloom received 4 Blooms from the judges this year. The one area of weakness was in integrated pest management.

Administrator

In reference to Christmas Office Closure included in the written report, it was confirmed that the closure will be advertised in the local paper and notice will be posted on the front door of City Hall.

Moved by Councillor Wejr, seconded by Councillor Brookes that City Hall close mid-afternoon on Friday, December 24, 2004 and re-open on Monday, January 3, 2005.

Carried Unanimously

Treasurer

Re: Disclosure of Contracts with Council Members and Former

Council Members

Financial Position to August 31, 2004

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

Carried Unanimously

NEW BUSINESS

Application for Development Variance Permit

Lot 2, Plan KAP61581, DL 226, K.D.Y.D.

2106 Waterwheel Street

Applicant: P. F. King Ltd.

The Planner provided a brief outline of the application. Mayor Phillips invited adjacent property owners to speak:

Bonnie Bitz of 2001 Waterwheel Street is opposed to waiving the requirements. She feels that the development should meet the standards of the bylaw. Street lighting is a safety issue and she is opposed to waiving the servicing issues.

Moved by Councillor Vetter, seconded by Councillor Ludwig that Council issue a Development Variance Permit to vary Section 6.7 and Schedule ‘B’ of the City of Enderby Subdivision and Servicing Bylaw 1278 to waive the requirement for street lighting.

Defeated

Discussion: Creating overhead lines from across the street goes against the intent of the Subdivision and Servicing Bylaw. Underground servicing is more expensive to install.

Moved by Councillor Brookes, seconded by Councillor Vetter that Council issue a Development Variance Permit to vary Section 6.8 and Schedule ‘B’ of the City of Enderby Subdivision and Servicing Bylaw 1278 to waive the requirement to service the new lots with underground power, telephone and cable service.

Defeated

Discussion: Staff believes that servicing can be accommodated with a reduction in road dedication. A letter from an adjacent land owner was read into the record regarding landscaping that was not completed by Mr. King previously. It was noted that when the land was originally excluded from the Agricultural Land Reserve, landscaping was required, but due to no water service at the property, the trees died.

Moved by Councillor Shipmaker, seconded by Councillor Brookes that Council issue a Development Variance Permit to vary Section 6.3 and Schedules ‘A’ and ‘B’ of the City of Enderby Subdivision and Servicing Bylaw 1278 to partially waive the requirement for additional road dedication and to waive the requirement to provide buffering along the north boundary of Proposed Lot 1.

Carried

Application for Development Variance Permit

Lot 19, DL 226, K.D.Y.D., Plan KAP68266

2000 Heitman Street

Applicant: Lavern Toews

The Planner provided a brief background to Council and recommended that a text amendment to the Zoning Bylaw be made to avoid the necessity for future variances of this type, and to be consistent with neighbouring municipalities. There were no objections received from adjacent property owners.

Moved by Councillor Wejr, seconded by Councillor Brookes that a Development Variance Permit for Lot 19, DL 226, K.D.Y.D., Plan KAP68266 to vary the rear yard setback pursuant to Section 701.10.d of the City of Enderby Zoning Bylaw 966 from 8 metres to 7.09 metres be approved on the condition that the deck shall not be enclosed with walls to form a room.

Carried Unanimously

Moved by Councillor van Berkel, seconded by Councillor Ludwig that Council initiate a text amendment to Section 402.2(b) of the City of Enderby Zoning Bylaw 966 to allow permitted projection features to extend one metre into any required setback.

Carried Unanimously

Application for Development Permit

Lot 1, DL 226, K.D.Y.D., Plan KAP75600

601 Bass Avenue

Applicant: CDN Frameworks Building Systems Inc.

The Planner provided a brief outline of the application. There were no written objections received from adjacent property owners. Mayor Phillips invited adjacent land owners to speak:

Glen Trueman of 511 Bass Avenue felt that the front yard setback should be in line with others on Bass Avenue.

Moved by Councillor Wejr, seconded by Councillor van Berkel that Council deny the following requested variances:

  1. To vary the front yard setback pursuant to Section 603.9.b of City of Enderby Zoning Bylaw No. 966 from 9 metres to 3 metres for an office building;
  2. To vary the side yard setback pursuant to Section 603.9.d from 6 metres to 3 metres for an office building;
  3. To vary the special building line setback from the centreline of Bass Avenue pursuant to Section 402.6(i)(a) from 21 metres to 15.5 metres for an office building;
  4. Vary Section 1001.2(e)(iii) to allow for an unpaved parking area.

Carried Unanimously

Moved by Councillor van Berkel, seconded by Councillor Ludwig that the applicant be provided with one year in which to comply with the paving requirements of Zoning Bylaw No. 966 subject to the deposit of an irrevocable letter of credit in the amount of 1.5 times the amount of a professional paver’s estimate.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Ludwig that the applicant be provided with three years in which to comply with the setback requirements of Zoning Bylaw No. 966 subject to deposit of an irrevocable letter of credit in the amount of 1.5 times the amount of a professional building moving company’s estimate to move the temporary building to meet the required setbacks.

Carried

Moved by Councillor Vetter, seconded by Councillor Wejr that Council approve a variance of Section 403.2(a)(iii) of Zoning Bylaw No. 966 to reduce the requirement for a landscaped buffer along McGowan Road (exterior side) from 9 metres to 2 metres and along Bass Avenue (front) from 9 metres to 3 metres.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Shipmaker that a Development Permit for Lot 1, DL 225, ODYD, Plan KAP75600 (CDN Frameworks Building Systems Inc.) be approved subject to the following conditions:

  1. Signage shall meet the requirements of Section 404 of Zoning Bylaw No. 966 and shall be designed in conformance with the Official Community Plan guidelines for Form and Character of industrial development; and
  2. The exterior of the office building shall be finished to match the manufactured building; and
  3. Parking shall be in accordance with Section 1001 of Zoning Bylaw No. 966; and
  4. Paving of the parking areas and access driveway shall be in accordance with Section 1001.2(e) of Zoning Bylaw No. 966 and all drainage works shall be approved by the Public Works Superintendent; and
  5. Screening shall be in accordance with Section 403.1 of Zoning Bylaw No. 966 and shall be in substantial compliance with the site plan.
  6. Landscaping shall be in accordance with Section 403.2 of Zoning Bylaw No. 966 with the exception of the variances approved; and
  7. 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
  8. Submission of an irrevocable letter of credit in the amount of 1.5 times the amount of :
  9. for the work outlined above.

    Carried Unanimously

    Regional Air Quality Function

    Regional Air Quality Service Establishment Bylaw No. 1974, 2004

    Discussion:

    Moved by Councillor Shipmaker, seconded by Councillor Wejr that the Regional District of North Okanagan be advised that the City of Enderby does not consent to participation in a Regional Air Quality function.

    Carried Unanimously

     

     

     

     

    Water Conservation Plumbing Regulation

    Requirement for Low-Flush Toilets

    Moved by Councillor Vetter, seconded by Councillor Wejr that the Regional District of North Okanagan be advised that the City of Enderby supports the Water Conservation Plumbing Regulation and wishes to be included in the regulation.

    Carried Unanimously

    Blue Mountain Packers

    Request for a Letter of Support to Re-open Abattoir in Silver Creek

    Moved by Councillor Vetter, seconded by Councillor Ludwig that a letter be issued to Blue Mountain Packers in support of its initiative to re-open the abattoir in Silver Creek.

    Carried Unanimously

    Youth Parliament of British Columbia — Alumni Society

    Application Forms

    Moved by Councillor van Berkel, seconded by Councillor Brookes that this item be forwarded to A.L. Fortune Secondary School.

    Carried Unanimously

    Enderby Centennial Committee

    Request to Become a Committee of the City of Enderby Council

    Moved by Councillor van Berkel, seconded by Councillor Vetter that the Centennial Committee become a Committee of the Council of the City of Enderby.

    Carried Unanimously

    It was consensus of Council that Councillor Wejr be appointed a member of the Centennial Committee.

    Okanagan Valley Transportation Corridor Study

    Request for Support

    The Administrator advised that there appeared to have been no consultation north of the Riverside Forest Products office at Spallumcheen.

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

    Carried Unanimously

    Letter of Support for Hullcar Hall

    Moved by Councillor Ludwig, seconded by Councillor Vetter that Council support the application for Lotteries funding for the Hullcar Hall.

    Carried Unanimously

    City of Enderby Trademark

    Moved by Councillor Vetter, seconded by Councillor Wejr that the City of Enderby trademark of "Top of the Okanagan" be renewed.

    Carried

    Relocation of Councillor Brookes

    The Administrator referred to Councillor Brookes’ intention to relocate to another community, and provided the following information should she eventually decide to resign from Council:

    The cost of a by-election process is approximately $4,500.

    Reservoir Road

    Councillor Vetter advised that his wife was the owner of affected property and left the room at 9:05 p.m.

    Discussion:

    Councillor Vetter returned to Council chambers at 9:10 p.m.

    PUBLIC QUESTION PERIOD

    Jackie Pearace of the North Valley Echo questioned the basis for property tax exemption. The Administrator advised that the Community Charter set out the criteria for permissive tax exemptions (ie places of worship, properties held by charitable organizations, etc.)

    Gardner Shaw asked for clarification on the North Enderby Distribution voting. The vote was 4 to 3 in favour of the application.

    CLOSED MEEETING RESOLUTION

    Moved by Councillor van Berkel, seconded by Councillor Brookes 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 9:15 p.m.

     

     

     

    ______________________ _____________________

    MAYOR ADMINISTRATOR

    Click here to close