THE CORPORATION OF THE CITY OF ENDERBY

THE CORPORATION OF THE CITY OF ENDERBY

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

Present: Mayor Phillips

Councillor Beryl Ludwig

Councillor Earl Shipmaker

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

Application for Development Variance Permit (Aitken) to be moved from New Business to Business Arising from the Minutes and/or Unfinished Business.

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

Carried Unanimously

ADOPTION OF MINUTES

Moved by Councillor Wejr, seconded by Councillor Shipmaker that the minutes of the Regular Meeting of August 16, 2004 be adopted as circulated.

Carried Unanimously

Moved by Councillor Ludwig, seconded by Councillor Wejr that the minutes of the Public Hearing of August 16, 2004 be adopted as circulated.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Ludwig that the minutes of the Committee-of-the-Whole Meeting of March 29, 2004 be adopted as circulated.

Carried Unanimously

Moved by Councillor Shipmaker, seconded by Councillor Wejr that the minutes of the Committee-of-the-Whole Meetings of April 5, 2004, April 27, 2004, June 21, 2004, August 16, 2004 and August 24, 2004 be adopted as circulated.

Carried Unanimously

RECESS

The regular meeting recessed at 7:05 p.m. and reconvened at 7:30 p.m.

DELEGATIONS

BUSINESS ARISING FROM THE MINUTES AND/OR UNFINISHED BUSINESS

Application Under Section 30(1) of the Agricultural Land Commission Act

Legal Subdivision 10, Section 27, Township 18, Range 9, W6M, KDYD, Except the Northerly 2.1 chains as shown on Plan B958 and Plan 26503

Applicant: Kae and Gladys Richards

Moved by Councillor Shipmaker, seconded by Councillor Wejr that the application pursuant to Section 30(1) of the Agricultural Land Commission Act for Legal Subdivision 10, Section 27, Township 18, Range 9, W6M, K.D.Y.D., except for the Northerly 2.1 chains as shown on Plan B958 and Plan 26503 (Richards) to exclude land from the Agricultural Land Reserve be authorized for submission to the Agricultural Land Commission for their adjudication;

And further that it be recommended that if the Agricultural Land Commission approves the application, such approval be subject to the registration of a restrictive covenant prohibiting further development on the property until such time as a comprehensive pre-plan is submitted by the applicant and approved by Enderby Council. The pre-plan shall include information on servicing, roads, trails and proposed densities.

Carried Unanimously

Application Under Section 30(1) of the Agricultural Land Commission Act

1. Lot 1, Section 22, Township 18, Range 9, W6M, KDYD, Plan 23727

Except part outside City of Enderby Boundary (13.48 ha), and

2. That part of the NW _ of Section 23, which lies to the west of the west limit of DL 150, K (formerly O) DYD and North of the North limit of Spallumcheen Indian Reserve as shown on a plan of survey of the said Township dated Ottawa the 10^th of January, 1902, Township 18, Range 9, W6M, KDYD (22,6 ha)

Applicant: Will and Wendy Richardson

Moved by Councillor Shipmaker, seconded by Councillor Wejr that the

application pursuant to Section 30(1) and Section 21(2) of the Agricultural Land

Commission Act for Lot 1, Section 22, Township 18, Range 9, W6M, K.D.Y.D.,

Plan 23727 Except part outside City of Enderby Boundary; and That part of the

NW _ of Section 23 which lies to the west of the west limit of D.L. 150, K.

(formerly O) D.Y.D. and North of the North limit of Spallumcheen Indian Reserve

as shown upon a plan of survey of the said township dated at Ottawa the 10^th of

January, 1902, Township 18, Range 9, W6M, K.D.Y.D. (Richardson) to exclude

land from the Agricultural Land Reserve and subdivide land within the ALR (lot

line adjustment) be authorized for submission to the Agricultural Land

Commission for their adjudication;

And further that it be recommended that if the Agricultural Land Commission

approves the application, such approval be subject to the registration of a

restrictive covenant prohibiting further development and subdivision on the

property until such time as a comprehensive pre-plan is submitted by the

applicant and approved by Enderby Council. The pre-plan shall include

information on servicing, roads, parks, trails and proposed densities.

Carried Unanimously

BYLAWS — 2^nd Reading

Official Community Plan Amendment Bylaw No. 1336

Moved by Councillor Ludwig, seconded by Councillor Wejr that Official Community Plan Amendment Bylaw No. 1336 be amended as follows:

Section 7 is amended by removing the words "such as Nelson," in the first paragraph.
Section 15(ii)a is amended by replacing the word "will" with "should" in the last sentence.
Section 22 is amended by deleting the words "staff are of the opinion that."
Section 23 is amended by deleting the first sentence and replacing it with the following:

"Council will support applications under Section 30(1) of the Agricultural Land Commission Act for exclusion of the properties listed below only on the condition that they are developed to urban residential densities with full servicing including water, sewer and roads. Council will require submission of a comprehensive pre-plan for the entire area before land use approvals will be granted. In addition, Council may require restrictive covenants to ensure the lands are developed according to this section."

Section 30 is amended by correcting punctuation in D.(c)(ii) by using commas instead of semi-colons and adding the word "they" before the colon in subsection (iii).
Section 35 is amended by deleting reference to "Second Avenue" and replacing with "First Avenue" in Section j(ii) only.
Section 35 is amended by deleting subsection (k) and replacing it with the following:

"(k) Council will work with the Ministry of Transportation to develop a Highway Access Management Plan to facilitate safety and ease of traffic flow."

Section 35 is amended by deleting subsection (l) and replacing it with the following:

"(l) Council is participating with BC Transit and the North Okanagan Regional District in the provision of transit service to Salmon Arm on a one year trial basis. This service will be reviewed in 2005."

Carried Unanimously

Moved by Councillor Shipmaker, seconded by Councillor Wejr that Official Community Plan Amendment Bylaw No. 1336 be amended as follows:

Section 4.i) is amended by deleting the word "individual’s" and substituting the word "individual" therefor.
Section 8.b. is amended by adding a comma between the words "economic values" and "environmental".
Section 13.a. is amended by replacing the first comma in the third sentence with a semi-colon and replacing the third comma in the fifth sentence with a period.
Section 13.b. is amended by deleting the word "exists" and substituting the word "exist" therefor.
The seventh bullet of Section 15.c. is amended by deleting the word "rain-water" and substituting the word "rainwater" therefor.
Section 16.a. is amended by deleting the words "follow up" and substituting the word "followup" therefor; by deleting the phrase "that all commercial lands would have to adhere to" with "to which all commercial lands would have to adhere" therefor; and by deleting the word "complimented" and substituting the word "complemented" therefor.
Section 16.b. is amended by deleting the words "can not" and substituting the word "cannot" therefor.
Section 22 is amended by deleting the word "it" and substituting the word "its" therefor, and by deleting the word "exceeded" and substituting the word "exceeds" therefor.
Section 30.D.a. is amended by deleting the words "to ensure" and substituting the words "of ensuring" therefor.
Section 30.D.b.i) is amended by deleting the words "they are".
Section 30.D.b.vi) is amended by deleting the words "storm water" and substituting the word "stormwater" therefor.
Section 30.E.c.i) is amended by deleting the word "compliment" and substituting the word "complement" therefor.
Section 30.E.c.vii) is amended by deleting the word "were" and substituting the word "where" therefor, and by deleting the word "Administrators" and substituting the word "Administrator’s" therefor.
Section 33.b.i) is amended by deleting the phrase "relocated to the West an unspecified distance" and the phrase "relocated an unspecified distance to the West" is substituted therefor.
Section 33.b.ii) is amended by deleting the words "Old Salmon Arm Road" and the words "Salmon Arm Drive" are substituted therefor.
Section 33.b.iii) is amended by deleting the words "2^nd Avenue" and substituting the words "Second Avenue" therefor, and by deleting the word "Johnson" and substituting the words "Johnston" therefor.
Section 33.c.i) is amended by deleting the word "citizen’s" and substituting the word "citizens" therefor, and by deleting the phrase "City and staff have" and substituting the words "City has" therefor.
Section 33.c.ii) is amended by deleting the word "re-iterated" and substituting the word "reiterated" therefor, and by deleting the phrase "staff is of the opinion that".
Section 33.c.iii) is amended by deleting the word "by-pass" and substituting the word "bypass" therefor, and by deleting the word "affects" and substituting the word "effects" therefor.
Section 33.c.iv) is amended by deleting the word "proportionally" and substituting the word "proportionately" therefor.
The number "97" is deleted, from wherever it occurs throughout the bylaw, and "97A" is substituted therefor.
The words "Maud Road" are deleted, from wherever they occur throughout the bylaw, and the words "Maud Street" are substituted therefor.
The word "knoll" is deleted, from wherever it occurs throughout the bylaw, and the word "Knoll" is substituted therefor.
The word "council" is deleted, from wherever it occurs throughout the bylaw, and the words "Council" is substituted therefor.

Carried Unanimously

Moved by Councillor Wejr, seconded by Councillor Ludwig that Official Community Plan Amendment Bylaw 1336 be amended as follows:

A new Section 7 is inserted as follows and subsequent sections are renumbered accordingly:

"7. Section 3.3 Social Development is amended by deleting subsection b".

A new Section 24 is inserted as follows and subsequent sections are renumbered accordingly:

"24. Section 14.5 Agricultural Land Use Policies is amended by adding the following as subsection d.:

d. Council will support an application under Section 30(i) of the Agricultural Land Commission Act to have legal subdivision 10, Section 27, Township 18, Range 9, W6M, KDYD, except the Northerly 2.1 chains as shown on Plan B958 and Plan 26503 excluded from the Agricultural Land Reserve."

A new Section 36 is inserted as follows and subsequent sections are renumbered accordingly:

"36. Section 19.1 Existing Municipal Services and Infrastructure is amended by changing the second sentence in the second paragraph of subsection c. Community Water to read as follows:

"A reservoir located on the northwest corner of the Knoll was developed in 1995. An additional reservoir located further upslope to the west (Electoral Area ‘F’ of the Regional District of North Okanagan) will be required to service future growth areas in the City." "

A new Section 37 is inserted as follows and subsequent sections are renumbered accordingly:

"37. Section 19.1.d. Fire Protection is amended by deleting the second paragraph."

A new Section 38 is inserted and subsequent sections are renumbered accordingly:

"38. Section 21.1 Implementation Policies is amended by deleting Section 21.1.c.vii) and Section 21.1.c.x)."

Carried Unanimously

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Official Community Plan Amendment Bylaw No. 1336 be amended as follows:

Schedule "B" is amended by changing the designation of Legal Subdivision 10,

Section 1changing the designation of Legal Subdivision 10, Section 27, Township 18, Range 9, W6M, K.D.Y.D., except the Northerly 2.1 chains as shown on Plan B958 and Plan 2503 (Richards) from Agriculture to Residential Low Density, and

A new Section 39 is inserted and subsequent sections are renumbered accordingly.

"39. Section 21.1(c) is amended by adding the following sub-section:

(xiii) The development of a Secondary Suite Implementation Plan which will include public input, incentives, flexibility, zoning bylaw amendments an bylaw enforcement."

Carried Unanimously

Moved by Councillor Shipmaker, seconded by Councillor Ludwig that Official Community Plan Amendment Bylaw No. 1336 be read a second time as amended and referred to Public Hearing on October 4, 2004.

Carried Unanimously

BYLAWS — 3^rd Reading

Official Community Plan Designation 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

Discussion:

Councillor Shipmaker:

Main issues presented by public appear to be traffic, aesthetics, and tourist accessibility.
There is no highway access so it is unlikely that it would ever be used for Tourist Commercial.
Truck traffic would not be accessing the property via the highway.

Councillor Wejr:

Residential use in industrial area on the north end of town was not supported, so why would lumber storage on south end of town be supported.
This is not what we want to see when entering our City.
Efforts have been made to beautify the City by Enderby in Bloom and other groups.
There is plenty of industrial property available in the Industrial Park.

Mayor Phillips:

Ministry of Transportation permits right in and right out access only for this property, limiting its appeal for tourist development.
Job opportunities have been rare.
North Enderby Distribution have been good corporate citizens.
The property is currently an eye-sore. This is an opportunity to improve the property with landscaping.
The lumber industry has been vital to Enderby’s existence.

Moved by Councillor Shipmaker, seconded by Councillor Wejr that Official Community Plan Amendment Bylaw No. 1351 be given third reading.

Defeated

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 Ludwig that third reading of Zoning Amendment Bylaw No. 1352, be postponed until an odd number of Councillors are present.

Carried Unanimously

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 Ludwig that third reading of Text Amendment Bylaw No. 1353 be postponed until there are an odd number of Councillors present.

Carried Unanimously

The Administrator reminded Councillors that, as the Public Hearing is adjourned, they cannot discuss the application with anyone or receive any new information.

Emergency Measures Bylaw No. 1354

A Bylaw to Establish Emergency Measures

Moved by Councillor Wejr, seconded by Councillor Ludwig that City of Enderby Emergency Measures Bylaw No. 1354, be given three readings.

Carried Unanimously

Application for Development Variance Permit

Lot 9, Sections 26-27, Township 18, Range 9, W6M, Plan 28806

110 West Enderby Road

Applicant: Jim and Nola Aitken

Moved by Councillor Shipmaker, seconded by Councillor Wejr that this application be tabled until comments from the Fire Department have been obtained.

Carried Unanimously

REPORTS

Administrator

The Administrator attended a Riparian Areas Regulation Workshop in Kelowna today and reported that the new regulations will replace existing Streamside Protection Act. Changes are not as daunting as first thought. The Administrator will be presenting a detailed report at a later date.
The Administrator informed Council that the Financial Strategic Planning session will have to be re-scheduled as the facilitator is not available on September 20.

Public Works Superintendent

Public Works Superintendent met with Treasurer and Stantec Consulting to discuss budget for sewer and water. Pleased to report that we are well within budget for both.
There will be a ribbon-cutting ceremony at the Water Treatment Plant on September 17^th at 1:00 pm.
There have been three water main breaks on Mabel Lake Road. Public Works crew are investigating the cause and possible solution.

Treasurer

Disclosure of Contracts with Council Members and Former Council Members

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

Carried Unanimously

Financial Position to July 31, 2004

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

Carried Unanimously

NEW BUSINESS

Minister of Transportation

Re: Knight Avenue Crossing

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

Carried Unanimously

Ed Morgenstern

Re: Regional Transit

Discussion occurred regarding alternative outlets for ticket sales, delays in resolving the issue, and lack of promotions.

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

Carried Unanimously

Centennial Committee

Re: Funding Request — Centennial Artwork

Moved by Councillor Ludwig, seconded by Councillor Shipmaker that the City provide a grant of $2,500.00 to the Enderby Centennial Committee for the purposes of obtaining Jamie Seward’s special centennial painting of Enderby.

Carried Unanimously

Discussion:

There has been no new money budgeted other than funds that are in the contingency account.
2004 funding has been spent on lapel pins and Centennial web-site development.
Some budget accounts are in surplus, so it may be possible to accommodate request for funding and/or reduce amount going to reserves.
The commemorative painting is being unveiled on October 15. The artist, Jamie Seward, will have only 300 prints made.

PUBLIC QUESTION PERIOD

Duncan Walker of 813 Regent Avenue enquired as to who has purchased the Mardan property on Old Vernon Road. He has heard that it is a company from Kelowna. It was suggested that he request a search through the Land Titles.

Jackie Pearse of the North Valley Echo enquired as to why the collection of outstanding property taxes has improved so significantly. The Administrator explained that staff has been more pro-active in advising property owners of penalties and interest implications.

Ms. Pearase asked why there was such a backlog of minutes. She was informed that this was due to a large number of committee meetings and other priorities for staffing resources.

Ms. Pearse commented that Regional Transit had indicated that they would be promoting Enderby bus service, yet have not done any local promotions to date.

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

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