THE CORPORATION OF THE CITY OF ENDERBY
Minutes of a Regular Meeting of Council held on Tuesday, September 6, 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 Tony Vetter
Councillor Dee Wejr
Administrator Maggie Knox
Recording Secretary Bettyann Kennedy
The Press & Public
APPROVAL OF AGENDA
The following items were added to the agenda under Business Arising from the Minutes and/or Unfinished Business:
- Legion Tax Exemption
- Business Owners - Policing
Moved by Councillor Ludwig, seconded by Councillor Wejr that the agenda be approved as amended.
Carried Unanimously
ADOPTION OF MINUTES
Regular Meeting Minutes of August 15, 2005
Moved by Councillor Brookes, seconded by Councillor Vetter that the Regular Council Meeting Minutes of August 15, 2005 be adopted as circulated.
Carried Unanimously
Committee of the Whole (Planning) Minutes of August 15, 2005
Moved by Councillor Shipmaker, seconded by Councillor Ludwig that the Committee of the Whole (Planning) Minutes of August 15, 2005 be adopted as circulated.
Carried Unanimously
DELEGATIONS
Development Variance Permit Application No. 05-0754-END-DVP
Councillor Shipmaker declared a conflict due to a personal bias and left the meeting.
The Administrator introduced the application.
Dan Klassen, applicant, was then invited to address Council. Mr. Klassen stated that he was misinformed by City Hall staff as to the zoning of the property. He was told that the property was Residential, not Country Residential. The zoning of Country Residential requires the lot to be a minimum of 2 hectares and his property is much smaller than that. He feels that the lot should have been re-zoned to Residential when it was separated from the original parcel. The Administrator confirmed that the subject property is indeed zoned Country Residential.
Mr. Klassen was asked if there was an alternate location in which to situate the garage. He responded that it may be possible to situate the garage on the south side of the lot. Mr. Klassen indicated that he will proceed with a building permit application, but feels that the zoning on the property should be changed to reflect his lot size.
Frank Lucianovich of 103 Gunter Ellison Road stated that he had no objection to the application but wonders about the future plan for Gunter Ellison Road. The population is increasing and the curve at the bottom of the hill has become very dangerous, especially in winter months. Council should consider changing the curve in the road.
Liana Belhumeur, President – Royal Canadian Legion Branch #98
Councillor Shipmaker returned to the meeting.
Councillor Wejr declared a conflict as she is Treasurer of the Legion and left the meeting.
Liana Belhumeur, President of the Royal Canadian Legion Enderby Branch #98 stated the following to Council:
- On behalf of the Enderby Branch, she is asking Council to reconsider granting full tax exemption to the Enderby Legion property.
- She feels that some Council members are unaware of what the Legion stands for and what it does for the community.
- Last year alone, $20,000 was contributed to the community via volunteer efforts.
- The amount of funds that the Legion is permitted to keep is limited by Government regulations. Often this is as little as 5%. Many Legions can no longer afford to partake in fundraising activities.
- The Legion is not only comprised of members. It is open to all. They receive no government monies.
- The Legion is not just a bar. It is a service club.
- The lounge is being used for all fund raising (except bingo).
- Membership is declining yearly.
- Active members are to be commended.
- Help is now needed by way of permissive tax exemption.
When asked if opening the lounge to non-members, Ms. Belhumeur explained that all are welcome at the Legion. A member will simply sign you in.
Public access to their financial statements would require permission of the membership.
Their request is not just for the 2006 tax year. They will be asking for an extension for a number of years.
Receipt of funds by way of a grant would enable the Legion to pay next year’s taxes.
Enderby Business Owners
Councillor Wejr returned to the meeting.
Katherine Fehr, representing downtown merchants and business owners stated that there is an increase in criminal activity in the downtown area. Enderby is likely being perceived as an easy mark due to the common knowledge that there is no police presence in the early morning hours. Council and the RCMP need to take action. They are hoping for more police presence.
Discussions:
- An increase in policing has been asked for in the past, but staff shortages have made it difficult. Cpl. Gobeil was unable to attend tonight’s Council meeting.
- The local businesses are looking for direction to assist Council in getting the increased police presence. There have been many attempted break-ins, but only the successful ones appear to be on record.
- Councillor Ludwig noted that the COPS program needs more able-bodied persons to volunteer for patrols. There were no patrols in August due to a lack of volunteers. It was suggested that if some of the people who signed the petition were to volunteer for the COPS program, it may help reduce the criminal activity in the downtown area.
- The group is seeking an increase to three nights coverage on a rotating basis by the RCMP to inhibit the criminal activity.
- Mayor Phillips clarified that although there are times when no police officers are in Enderby, there is still 24 hour police coverage.
- There were questions regarding what qualifies as a report and if there are specific seasonal times when crime is higher. These were questions that will be posed to Cpl. Gobeil.
- The business group want to set up a meeting with Council and the RCMP to discuss proper procedures and possible solutions. A meeting will be arranged and Kathy Fehr will act as a contact person for the business owners.
Frank Lucianovich of 103 Gunter Ellison Road addressed Council and recounted his experience of trying to access the RCMP building to ask a question one evening. Passengers in his parked car said that there was an officer inside the building, but he did not open the door. He expressed concern that although he only had a question, he could very well have been there to report a crime.
BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS
Development Variance Permit Application No. 05-0754-END-DVP
Lot 3, Section 27, Township 18, Range 9, West of the 6th Meridian, KDYD, Plan KAP46537 – 224 Salmon Arm Drive
Applicants: Daniel and Nancy Klassen
Councillor Shipmaker declared a conflict due to a personal bias and left the meeting.
Discussions:
- The Administrator does not have the history behind when lot 2 was separated from lot 3. The zoning of this lot, regardless of its size, remains until application is made to re-zone.
- Tabling the DVP application until property is re-zoned will not satisfy the applicant’s requirements. A variance may still be needed even if the proposed building is moved. The process of advertising and public notification would still be necessary.
- The Administrator suggested that if the recommended motion is carried, the applicants should meet with Development Services or the Building Inspector to obtain options that may result in a favourable recommendation.
Moved by Councillor Brookes, seconded by Councillor Wejr that the application for a Development Variance Permit for Lot 3, Section 27, Township 18, Range 9, West of the 6th Meridian, KDYD, Plan KAP46537 to:
1. Vary the front yard setback pursuant to Section 801.9(b) of the City of Enderby Zoning Bylaw No. 966 from 12 metres to 5 metres; and
2. Vary the special building line setback pursuant to Section 402.6(a)(i)(f) of the City of Enderby Zoning Bylaw No. 966 from 24 metres from the centreline of Salmon Arm Drive to 13 metres from the centreline of Salmon Arm Drive; and
3. Vary the exterior side yard setback pursuant to Section 801.9(a) of the City of Enderby Zoning Bylaw No. 966 from 12 metres to 2.5 metres; and
4. Vary the special building line setback pursuant to Section 402.6(a)(i)(e) from 24 metres from the centreline of Gunter Ellison Road to 12.5 metres from the centreline of Gunter Ellison Road
not be approved.
Carried Unanimously
Legion Tax Exemption
Councillor Wejr declared a conflict as she is Treasurer of the Legion and left the meeting.
Councillor Shipmaker returned to the meeting.
Discussions:
- The issuance of a grant rather than tax exemption is an option. The Director of Area F is contributing funds to help alleviate the financial problems of the Legion this year.
- Discussion occurred as to whether a grant amount would include school taxes. There was concern expressed that providing a grant would set a precedence and possibly result in other service or charitable groups requesting grants.
- Permissive tax exemptions are reviewed annually.
Moved by Councillor Brookes, seconded by Councillor Shipmaker that a permissive tax exemption be granted to the Enderby Royal Canadian Legion Branch #98 for 2006 on the entire property located at 907 Belvedere Street.
Carried Unanimously
Business Owners
Councillor Wejr returned to the meeting.
The Administrator informed Council that a Cpl. Gobeil of the RCMP indicated last week that he was responsive to meeting with Council and the business community.
Moved by Councillor Wejr, seconded by Councillor Ludwig that a meeting be scheduled with Council, RCMP, and local business owners to discuss local policing issues.
Carried Unanimously
Transit Service
Discussions:
- More information is required to obtain an actual expense amount. There has been no funds budgeted for additional runs.
- Advertising, although part of the original proposal, does not appear to be evident.
Moved by Councillor Ludwig, seconded by Councillor Vetter that this item be tabled until 2006 budget deliberations and that a request for a report of advertising expenditures be made.
Carried Unanimously
Chamber of Commerce Operating Agreement
The Administrator suggested that if Council agrees to the proposed changes, then the dollar figure of $3,500 be removed from item 1.1 as “in-kind” amount can vary largely due to water and sewer rates, value of property, maintenance of grounds etc. The specific “in-kind” commitments are detailed throughout the agreement.
Moved by Councillor Shipmaker, seconded by Councillor Wejr that Section 1.1 of the draft operating agreement between the City and the Chamber of Commerce be replaced with the following:
1.1 The City shall provide the Chamber with an annual fee for service in the amount of $3,500.00, as well as in-kind contributions as outlined throughout this agreement.
1.2 The amount of the annual fee for service shall be reviewed annually prior to December 31st of each year.
1.3 The City and the Chamber shall each annually budget by December 31st an amount for a mutually agreed upon project(s). Either party may propose a project(s) to the other by December 31 of each year for expenditure in the subsequent year.
1.4 The Chamber shall invest an average of $10,000 per annum in capital improvements to either the Riverside RV Park or the Chamber Office Building.
Carried Unanimously
BYLAWS
Board of Variance Bylaw No. 1373
Moved by Councillor Wejr, seconded by Councillor Ludwig that Board of Variance Bylaw No. 1373, 2005 be introduced and read a first time by title only and carried through to three readings;
AND FURTHER THAT letters be forwarded to Tony Oudman and Delores Derochers to determine whether they are still willing to sit on the Board of Variance;
AND FURTHER THAT an advertisement be placed in the North Valley Echo inviting submissions from persons interested in serving on the Board of Variance.
Carried Unanimously
REPORTS
Councillor Vetter
Councillor Vetter inquired as to whether the Streets and Sidewalks Committee has a policy regarding pot holes. The Committee members advised that they will look into it and suggested that any pot hole issues be directed to the Public Works Superintendent, who reacts promptly to such reports.
Mayor Phillips
Mayor Phillips informed Council that Vernon had considered opting out of the Sterile Insect Release Program, but do not have an opting our clause in their agreement. NORD is committed to support until 2007 and will then investigate opting out legislation
Signage to Tuey Park has become a concern for area residents who are being queried on a regular basis as to where the park is located. This item has been discussed at the Enderby/Area F Services Committee meeting.
Public Works Superintendent
The Administrator clarified that meter pits are required for new out-of-town water connections. Adding meters to existing connections would result in an expense of approximately $25,000. The City has the ability to install a meter to any connection which has suspicious consumption.
Moved by Councillor Ludwig, seconded by Councillor Brookes that the report be received and filed.
Carried Unanimously
Building Inspection Reports – July 2005
Moved by Councillor Brookes, seconded by Councillor Ludwig that the report be received and filed.
Carried Unanimously
RCMP – Statistical Data – 2nd Quarter 2005
Moved by Councillor Ludwig, seconded by Councillor Wejr that the report be received and filed.
Carried Unanimously
NEW BUSINESS
Agricultural Land Commission Application No. 05-0588-END-ALR
That part of the Northeast _ (Plan B83), Section 27, Township 18, Range 9, West of the 6th Meridian, KDYD, Except Plans B6723 and 5907 – 132 West Enderby Road
Applicants: James and Margo Ludwig c/o Dallas Wingerak
The Administrator circulated a letter from Dallas Wingerak which had accompanied the application, but is not included in Development Services report.
The OCP has identified the south west half of the property as suitable for residential housing and exclusion from the ALR. This application is seeking exclusion of the entire property.
Discussion occurred as to the validity of excluding only a portion of the property from the ALR, leaving a very small area designated for farming.
Moved by Councillor Ludwig, seconded by Councillor Shipmaker that Council support that portion of an application under Section 30(1) of the Agricultural Land Commission Act to exclude those portions of the Agricultural Land Reserve identified as that portion of B83, Part _, Except Plan B6723 & 5907, Section 27, Township 18, Range 9, Meridian 6, District Lot 25, pertaining to lands designated as “Residential Medium Density” by the City of Enderby Official Community Plan;
And further that that the portion of the application pertaining to lands designated as “Agricultural” in the Official Community Plan not be supported.
Defeated
Moved by Councillor Wejr, seconded by Councillor Vetter that Council support the application of James and Margot Ludwig to exclude that part of the Northeast _ (Plan B83), Section 27, Township 18, Range 9, West of the 6th Meridian, KDYD, Except Plans B6723 and 5907 – 132 West Enderby Road under Section 30(1) of the Agricultural Land Commission Act.
Carried
Enderby Lodge #40 – 100th Anniversary
Moved by Councillor Wejr, seconded by Councillor Brookes that the correspondence be received and filed.
Carried Unanimously
Community Health Promotion Pilot Projects – Request for Expressions of Interest
Mayor Phillips informed Council that it is the intent of the Enderby Community Health Centre to submit a proposal. This proposal will be forwarded to Council for approval in principle.
Moved by Councillor Wejr, seconded by Councillor Ludwig that the correspondence be received and filed.
Carried Unanimously
Presentation on RCMP Proposal – “Rural” Safe Communities Coordinator
Mayor Phillips, Councillor Brookes, Councillor Ludwig, Councillor Wejr , and the Administrator will attend the presentation on September 14th.
Moved by Councillor Brookes, seconded by Councillor Vetter that the correspondence be received and filed.
Carried Unanimously
Eckhard and Kathy Fabische – Stormwater Management
Discussions:
- Drainage studies for the area are being considered, but a full stormwater management plan has not been budgeted for.
- Every new development is required to do a stormwater management plan for their site so that the City knows how the stormwater will be handled. City plans are based on existing flows, so it is necessary to identify what needs to be done to accommodate flows in a new development.
- Councillor Vetter suggested that since the Fabische’s are willing to pay a portion of the expense, perhaps it would be a good time to consider doing a full storm water management plan. Costs are unknown.
Moved by Councillor Vetter, seconded by Councillor Brookes that staff obtain an estimated cost of conducting a stormwater management plan for the area north of Knight Avenue and Salmon Arm Drive.
Carried Unanimously
Lulu’s Bar and Grill – Sidewalks
Moved by Councillor Wejr, seconded by Councillor Brookes that the correspondence be received and filed.
Carried Unanimously
Don Wells – Permissive Tax Exemption for Legion
Moved by Councillor Brookes, seconded by Councillor Ludwig that the correspondence be received and filed.
Carried Unanimously
Local Calling Area Expansion Proposal – Telus Consumer Solutions
Discussions:
- The area that is not toll free for Enderby is Lumby. However, Vernon is not able to call Enderby toll free. This is a concern for local businesses in particular.
- Enderby residents and businesses are already paying a premium for one-way toll free calling.
Moved by Councillor Shipmaker, seconded by Councillor Ludwig that a letter be forwarded to the Regional District of North Okanagan stating that any Telus rate increase for expansion of local calling area should reflect the premiums already paid by Enderby consumers for the existing toll free calling.
Carried Unanimously
ICBC – Community Crash Reduction Challenge
Moved by Councillor Wejr, seconded by Councillor Brookes that the correspondence be received and filed.
Carried Unanimously
Moved by Councillor Shipmaker, seconded by Councillor Wejr that a letter be forwarded to I.C.B.C. requesting that any serious concern at reducing collisions should include efforts to improve the highway corridor through the City.
Carried Unanimously
PUBLIC QUESTION PERIOD
Jonathan Turpin of 223 Salmon Arm Drive, in response to a comment made about cows being frowned upon in a residential are, wished to go on record as enjoying the country setting surrounding Enderby and that he supports cows.
Mr. Turpin also commented on the stormwater runoff from Gunter Ellison Road which deposits pebbles along its travels downhill. He suggested that Council consider a new storm water management plan for the straightening of Gunter Ellison Road.
CLOSED MEEETING RESOLUTION
Moved by Councillor Wejr, 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 8:25 p.m.
______________________ _____________________
MAYOR ADMINISTRATOR