City of Kelowna

Regular Council Meeting

Minutes

Meeting #:

Date:

Monday, August 22, 2022

Time:

1:30 P.m. - 1:30 P.m.

Location:

Council Chamber

City Hall, 1435 Water Street

Members Present

• Mayor Colin Basran, 
• Councillor Maxine DeHart, 
• Councillor Ryan Donn, 
• Councillor Gail Given, 
• Councillor Charlie Hodge, 
• Councillor Brad Sieben, 
• Councillor Mohini Singh, 
• Councillor Luke Stack, 
• Councillor Loyal Wooldridge, 
• Council Recording Secretary, Arlene McClelland, 
• Doug Gilchrist, 
• and Laura Bentley

---

1.

Call to Order

Mayor Basran called the meeting to order at 1:32 p.m.

I would like to acknowledge that we are gathered today on the traditional, ancestral, unceded territory of the syilx/Okanagan people.

As an open meeting, a live audio-video feed is being broadcast and recorded on kelowna.ca.

2.

Confirmation of Minutes

• Moved By Councillor Hodge
  Seconded By Councillor Donn

  THAT the Minutes of the Regular Meetings of August 8, 2022 be confirmed as circulated.​

  
  
  
  Carried

3.

Development Application Reports & Related Bylaws

3.1

O'Reilly Road 2605 - TA22-0003 - William and Maria Kitsch

Staff:

- Displayed a PowerPoint Presentation summarizing the application and providing rationale for non-support and responded to questions from Council.

Maria  (and Trent) Kitsch, Applicant/part owner

- Thanked staff for presentation was unaware it was possible to have this in another location.

- requesting not where that site is becuase it could have a house . born and raised in Kelowna and tryingto do whats best for Kelowna.

what is being proposed is a special thing,  Majority of neighbours are very supportive.  

- wanted to say thank you and can answer questions 

Sydney Platts, Vetiniary Tech Foundor  of this organization, 3739 Casorso Road

- Displayed a PowerPoint Presentation.

- Spoke to the need of such a clinic noting there is no organization in Kelowna that treats injured or orphaned wildlife.

- Spoke to concerns raised noting that the size and shape of the subject property would not mitigate the risks of nuisance to neighbouring properties; there will be no increase of traffic as we are not open to the public and have only 1 to 3 people on site at a  time.

- The site location and scope of building will not have an adverse impact on the ecology of the site.

- Displayed a map of the proposed wildlife rehab site location within a large cleared area in the central bowl and not the over steepened slope referenced in the staff report.

- Displayed a photo of the Central Bowl that was cleared by the previous owner and required no slope work.

- Tote Road has already been constructed and will be utilized for the gravel driveway.

- Believes that working with pre-existing conditions and using temporary structures will have little impact; it is the ecology of the site that makes it so we-suited to this project and rehabiliation of wildlife animals.

- Displayed photos of Tote Road cleared of trees; area where we would put in a small culvert for waterway to be added and the entrance to Central Bowl.

Site location approved by Egro

-Responded to questions from Council.

Planning to be in central bowl larger clear area. - small mobile structure in the centre bowl.

 Maria Kitsch and Guy;

- Place of where house could be and this could be are very far apart.  do not who else in kelowna would want to offer this.

- added a couple of points around the narrow width, the lot in its dimension is long and narrow, huydndres of feet away from roads and neibhorus.

- Invested heavily for environmental and geotechnical impacts report and both professionals have said this is a suitable area.

- Responded to questions from Council.

Staff:

- Responded to questions from Council.

• THAT Zoning Bylaw Text Amendment Application No. TA22-0003 to amend City of Kelowna Zoning Bylaw No. 8000 as outlined in the Report from the Development Planning Department dated August 22, 2022 for Lot 1 Section 16 Township 26 ODYD Plan KAP71228 located at 2605 O’Reilly Road, NOT be considered by Council.

  
  
  
  
• ALTERNATE
  Moved By Councillor Singh
  Seconded By Councillor Stack

  THAT Zoning Bylaw Text Amendment Application No. TA22-0003 to amend City of Kelowna Zoning Bylaw No. 8000 as outlined in the Report from the Development Planning Department dated August 22, 2022 for Lot 1 Section 16 Township 26 ODYD Plan KAP71228 located at 2605 O’Reilly Road, be considered by Council.

  AND THAT the applicant will be required to complete an Environmental and Natural Hazard Development Permit prior to permits being issued for site works and construction on the site.

  
  
  
  Carried

3.2

Penno Road 480 - OCP22-0009 (BL12422) - New North West Trading Inc., BC0845659

Councillor Sieben declared a conflict of interest as he provides insurance services for the owner of the subject property and departed the meeting at 2:15 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

donn given wooldridge and mayor- Opposed

sieben back at 2:58 a.m.

3.3 not heard as defeated OCP

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Official Community Plan Map Amendment Application No. OCP22-0009 to amend Map 3.1 in the Kelowna 2040 – Official Community Plan Bylaw No. 12300 by changing the Future Land Use designation of Lot B District Lot 123 ODYD Plan EPP41714, located at 480 Penno Road, Kelowna, BC from the IND – Industrial designation to the REC – Private Recreational designation, as outlined in the Report from the Policy & Planning Department dated August 22, 2022, be considered by Council;

  AND THAT the Official Community Plan Amending Bylaw No. 12422 be forwarded to a Public Hearing for further consideration;

  AND THAT the requirement to hold a Public Information Session, conduct Neighbour Consultation and post a Development Notice Sign, prior to the Official Community Plan Map Amending Bylaw receiving first reading, in accordance with the City of Kelowna’s Development Application and Heritage Procedures Bylaw No. 12310 and Council Policy No. 367, be waived.

  
  
  
  Defeated

3.3

Penno Road 480 - BL12422 (OCP22-0009) - New North West Trading Inc., BC0845659

not heard

• That Bylaw No. 12422 be read a first time;

  AND THAT the bylaw has been considered in conjunction with the City's Financial Plan and Waste Management Plan.

  
  
  
  

3.4

Collett Road 467 - Z22-0018 (BL12425) - Peter Blom

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Sieben
  Seconded By Councillor DeHart

  THAT Rezoning Application No. Z22-0018 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 1 Section 25 SDYD Plan 7071, located at 467 Collett Road, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU1c– Large Lot Housing with Carriage House zone, be considered by Council;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the outstanding conditions of approval as set out in Schedule “A” attached to the Report from the Development Planning Department dated August 22, 2022.

  
  
  
  Carried

3.5

Supplemental Report - Frost Rd 1055 - OCP21-0010 (BL12382) Z21-0032 (BL12383) - Highstreet Canyon Falls Apartments Ltd.

Staff:

- Provided reratinale for the application

• Moved By Councillor Given
  Seconded By Councillor Sieben

  THAT Council waives the requirement for a Preliminary Layout Review Letter by the Approving Officer to be considered in conjunction with Final Adoption of OCP Bylaw Amendment Bylaw No. 12382 and Zoning Bylaw Amendment Bylaw No. 12383;

  AND THAT Final Adoption of OCP Bylaw Amendment Bylaw No. 12382 and Zoning Bylaw Amendment Bylaw No. 12383 be considered by Council.

  
  
  
  Carried

3.6

Frost Rd 1055 - BL12382 (OCP21-0010) - Highstreet Canyon Falls Apartments Ltd.

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Bylaw No. 12382 be adopted.

  
  
  
  Carried

3.7

Frost Rd 1055 - BL12383 (Z21-0032) - Highstreet Canyon Falls Apartments Ltd.

• Moved By Councillor Given
  Seconded By Councillor Singh

  THAT Bylaw No. 12383 be adopted.

  
  
  
  Carried

3.8

McKinley Beach Dr 3700 - DP22-0098 - Kinnikinnik Developments Inc., Inc.No. BC0622664

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Singh
  Seconded By Councillor Wooldridge

  THAT Council authorizes the issuance of Development Permit No. DP22-0098 for Lot 2 Section 28 Township 23 ODYD Plan EPP76020, located at 3700 McKinley Beach Drive, Kelowna, BC subject to the following:

  1. The dimensions and siting of the building to be constructed on the land be in accordance with Schedule “A”,
  2. The exterior design and finish of the building to be constructed on the land, be in accordance with Schedule “B”;
  3. Landscaping to be provided on the land be in accordance with Schedule “C”;
  4. The applicant be required to post with the City a Landscape Performance Security deposit in the form of a “Letter of Credit” in the amount of 125% of the estimated value of the landscaping, as determined by a Registered Landscape Architect;

  AND FURTHER THAT this Development Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

3.9

Frost Rd 988 and 1090 - DP22-0128 - 0954654 BC Ltd., Inc.No. BC0954654

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Given
  Seconded By Councillor Wooldridge

  THAT Council authorize the issuance of Development Permit No. DP22-0128 for Lot 1 District Lot 579 SDYD Plan EPP29197, located at 988 Frost Road, Kelowna, BC and Lot 3 District Lot 579 SDYD Plan EPP22118, located at 1090 Frost Road, Kelowna, BC subject to the following:

  1. The dimensions and siting of the building to be constructed on the land be in accordance with Schedule “A,”
  2. The exterior design and finish of the building to be constructed on the land be in accordance with Schedule “B”;
  3. Landscaping to be provided on the land be in accordance with Schedule “C”;
  4. The applicant be required to post with the City a Landscape Performance Security deposit in the form of a “Letter of Credit” in the amount of 125% of the estimated value of the landscaping, as determined by a Registered Landscape Architect;

  AND THAT this Development Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

4.

Bylaws for Adoption (Development Related)

4.1

DeHart Rd 855 - BL12204 (Z20-0080) - 1294603 B.C. Ltd., Inc.No. BC1294603

• Moved By Councillor Given
  Seconded By Councillor Singh

  THAT Bylaw No 12204 be adopted.

  
  
  
  Carried

4.2

McClure Rd 4628 - BL12320 (OCP22-0001) - Paul Andrew Mitchell and Ronda Ann Mitchell

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12320 be adopted.

  
  
  
  Carried

4.3

McClure Rd 4628 - BL12321 (Z21-0064) - Paul Andrew Mitchell and Ronda Ann Mitchell

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12321 be adopted.

  
  
  
  Carried

5.

Non-Development Reports & Related Bylaws

5.1

10-Year Capital Plan (2022 - 2031)

Councillor Sieben departed the meeting at 3:30ish?

Staff:

- Displayed a PowerPoint Presentation summarizing the proposed 10- Year Capital Plan and responded to questions from Council.

• Moved By Councillor Donn
  Seconded By Councillor Singh

  THAT Council receives, for information, the third of three reports from Financial Services dated August 22, 2022, with respect to the 10-Year Capital Plan (2022 to 2031);

  AND THAT Council adopts the 10-Year Capital Plan;

  AND FURTHER THAT Council receives an update on the Frost Road project.

  
  
  
  Carried

5.2

Update to Development Cost Charge Program

Staff:

- Displayed a PowerPoint Presentation introducing and summarizing the update to the Development Cost Charge program and responded to questions from Council.

Online:

Craig Binning, Hemson Consulting Co Presenter

- Shared the PowerPoint Presentation overview of other municipalities and how the City of Kelowna compares.

- Spoke to to DCC increases in other jurisdictions and demonstrated how Kelowna compares in unit type.

Singh and Wooldridge - Opposed

• Moved By Councillor DeHart
  Seconded By Councillor Donn

  THAT Council receives, for information, the report from Financial Services dated August 22^nd, 2022, with respect to the Development Cost Charge program update;

  AND THAT Council endorse the updated 20-Year Servicing Plan and Financing Strategy,

  AND THAT Development Cost Charge Bylaw No. 12420 and Development Cost Charge Reserve Reduction Bylaw No. 12419, be given reading consideration;

  AND THAT the interest on the amount borrowed for the anerobic digestor be included in the Development Cost Charge rate calculations,

  AND FURTHER THAT Council direct Staff to submit the new Development Cost Charge Bylaws and supporting documentation to the Ministry of Municipal Affairs for their review and approval prior to fourth reading and adoption by Council.  

  
  
  
  Carried

5.3

BL12420 Development Cost Charge Bylaw 2022

singh wooldridge opposed

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12420 be read a first, second and third time.

  
  
  
  Carried

5.4

BL12419 Development Cost Charge Reserve Reduction Bylaw

Singh wooldridge - Opposed

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12419 be read a first, second and third time.

  
  
  
  Carried

5.5

Sewer Connection Area Financing Framework – Stage 3

Staff:

- Displayed a PowerPoint Presentation providing a summary of reserve transfers to support the City's Sewer Connection Area Program.

• Moved By Councillor Stack
  Seconded By Councillor Hodge

  THAT Council receives for information, the report from Utility Services and Financial Planning dated August 22, 2022, with regard to the Sewer Connection Area Financing Framework – Stage 3;

  AND THAT the balance of the Cary Road, Rutland – McKenzie Bench, Rutland North, and Southwest Rutland Sewer Connection Area Reserves, and the MFA Debt Sewer Reserve R816 be transferred to the Septic Removal Specified Area Reserve Fund;

  AND THAT the balance of the 2405-DF000 deferred revenue account (related to the Clifton Road North Extension Connection Area), the balance of the North End Industrial Sewer Connection Area Reserve, and $333,000 from the Septic Removal Specified Area Reserve Fund be transferred to R204 – CWME – Wastewater utility general reserve;

  AND FURTHER THAT the Cary Road, Rutland – McKenzie Bench, Rutland North, Southwest Rutland, and North End Industrial Sewer Connection Area Reserves be closed.

  
  
  
  Carried

5.6

Knox Mountain Geotechnical Engineering Project Budget

Staff:

- Displayed a PowerPoint Presentation providing an update on the slope rehabilitation needs for the Knox Mountain Geotechnical Project and responded to questions from Council.

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Council receives for information, the report from Utility Services dated August 22, 2022, regarding additional budget required for the Knox Mountain Geotechnical Engineering Project;

  AND THAT the 2022 Financial Plan be amended to include the addition of $2,600,000 to the Knox Mountain Geotechnical Engineering Project with Funding of $1,850,000 from the Slope Stability Reserve, and $750,000 from the Community Works Fund Reserve as noted in the Financial/Budgetary Considerations section below.

  
  
  
  Carried

5.7

Transit Improvement Program – 3 year proposed budgets

Staff:

- Displayed a PowerPoint Presentation outlining the Memorandum of Understanding for the Transit Improvement Program.

• Moved By Councillor Donn
  Seconded By Councillor Singh

  THAT Council receives for information, the report from Integrated Transportation dated August 22, 2022, with respect to the Transit Improvement Program 3-year expansion initiatives and free transit on election day.

  AND THAT Council directs staff to enter a Memorandum of Understanding with BC Transit setting out the City’s intention to proceed with the service expansions detailed in year-1 (2023/24).

  AND THAT the Mayor and City Clerk be authorized to execute the Memorandum of Understanding.

  AND THAT Council provide approval for free transit within the City of Kelowna on municipal election day.

  
  
  
  Carried

6.

Mayor and Councillor Items

Mayor acknowledged Ukraine Independence Day and provided background on separating form the Soviet Union and read a statement.

Councillor Stack:3

- spent thrusday at the city park beach, went to Hot Sands side which was upgraded with large logs, new rock bracing and new planting and new walkway, great improvement to our city park and was well attended.  Overall great experience. great investment.  

 Councillor DeHart:2

- Let people know had wonderful ukrianian people working at the Ramada Hotel.

Councillor Donn: 1st councillor to speak

- Went to integrated court with staff person, was very moving on how that court is shifting and how people look at addiction we all advocated for the community court. Every person in the court were proud for being a part of that.  Providing help with individual struggles. encourage council to check it out and congratulated council for advocating with Provincial Government for this integrated court.

Councillor Sieben:

-

Councillor Hodge:5

- rmeind folks that attended last week DKA gathering.  opening of the streets downtown this summer would like feedback from businesses.  Make contact with DKA and advise what you think of Meet You on Bernard Program.

Councillor Singh:4

- Big shout out to Judge Lisa Wyatt at Integrated Court.  Personalizes every case she deals with and engages with all.  .  

Councillor Wooldridge:

-

Councillor Given:

-

Mayor Basran:

- PH tomorrow.

7.

Termination

This meeting was declared terminated at 5:07