City of Kelowna

Regular Council Meeting

Minutes

Meeting #:

Date:

Monday, September 26, 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, 
• City Clerk, Stephen Fleming, 
• Council Recording Secretary, Arlene McClelland, 
• and Doug Gilchrist

---

1.

Call to Order

Mayor Basran called the meeting to order at 1:37 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.

 

Mayor noted UBCM Convention 2 weeks ago, COK recieved top award at convention for municipalits across the province.  Presnted with UBCM President Committee Choice Award, was there was with GIven and Wooldridge and CM, real time flood dashboard.  Dashboard is important tool for floods to assist in protecting infrastructure.  Will be on display.

This does not help without incredible staff and thanked staff.

2.

Development Application Reports & Related Bylaws

2.1

Ward Rd 1989 - A22-0004 FH22-0006 - Gill Family Orchards Inc., Inc.No. BC1159244

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Singh
  Seconded By Councillor Stack

  THAT Agricultural Land Reserve Application No. A22-0004 for Lot 1, Section 5, Township 26, ODYD, Plan EPP95434, located at 1989 Ward Road, Kelowna, BC for a Non-Adhering Residential Use pursuant to Section 25 of the Agricultural Land Commission Act, be supported by Council;

  AND THAT Council directs Staff to forward the subject application to the Agricultural Land Commission for consideration;

  AND THAT Council authorizes the issuance of Temporary Farm Worker Housing Permit No. FH22-0006 for Lot 1, Section 5, Township 26, ODYD, Plan EPP95434, located at 1989 Ward Road, Kelowna, BC subject to the following:

  1. Approval by the Agricultural Land Commission of Non-Adhering Residential Use Permit Application A22-0004;
  2. The dimensions and siting of the building to be constructed on the land be in accordance with Schedule A;
  3. A vegetated buffer is provided for screening adjacent property lines and between the temporary farm worker housing and active farming areas in accordance with Schedule B;
  4. The applicant is required to post to the City a Landscape Security deposit in the form of a “Letter of Credit” in the amount of 125% of the estimated value of the landscape buffer, as determined by a professional landscaper;
  5. Registration of a Section 219 Restrictive Covenant on the Title that states:
     1. The dwellings will be used for temporary farm workers only;
     2. The owner will remove the dwellings if the farm operation changes such that they are no longer required;
     3. The dwellings will only be used for farm workers for a maximum of ten (10) months of the year;
     4. The maximum number of accommodations permitted on this farm unit within this City sector is 60 workers; and
     5. The temporary farm worker housing building footprint is a maximum of 0.3 ha.

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

  
  
  
  Carried

2.2

Tower Ranch Blvd 2160 - OCP20-0006 Z20-0023 - Supplemental Report

staff

- 2 DP's are being waived from zoning bylaw.  They are part of the subdivision.

Environmental continues to work but in different part of the process.

reapoinded to quesitons.

• Moved By Councillor Donn
  Seconded By Councillor Sieben

  THAT Council waives the requirement of a Development Permit related to the Natural Environment and Hazard Development Permit Areas for the adoption of Zoning Bylaw Amendment Bylaw No. 12380;

  AND THAT final adoption of OCP Bylaw Amendment Bylaw No. 12379 and Zoning Bylaw Amendment Bylaw No. 12380 be considered by Council.

  
  
  
  Carried

2.3

Tower Ranch Blvd 2160 - BL12379 (OCP20-0006) - 0977415 BC Ltd., Inc.No. BC0977415

GIven - unsure where is resolution regarding traffic calming.

Staff;

- responded to questions from Council.

could take place in the future but not yet has begun but may in the future.

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Bylaw No. 12379 be adopted.

  
  
  
  Carried

2.4

Tower Ranch Blvd 2160 - BL12380 (Z20-0023) - 0977415 BC Ltd., Inc.No. BC0977415

• Moved By Councillor Singh
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12380 be adopted.

  
  
  
  Carried

2.5

Supplemental Report - Lakeshore 3773-3795 - TA20-0009 (BL12366) - Westcorp on the Lake Inc., Inc. No. A75763

Staff:

- Displayed a Powerpoint presentation summarizing the application.

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Council authorize staff to enter into a ‘Master Development Agreement’ for the subject property attached as Schedule “A” to the report from the Development Planning Department dated September 26^th 2022 for Lot 1, DL 134, ODYD, Plan EPP41204 located at 3773-3795 Lakeshore Road;

  AND THAT Final Adoption of Zoning Bylaw Amendment Bylaw No. 12366 be considered by Council.

  
  
  
  Carried

2.6

Lakeshore 3773-3795 - BL12366 (TA20-0009) - Westcorp on the Lake Inc., Inc. No. A75763

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Bylaw No.12366 be adopted.

  
  
  
  Carried

2.7

Lakeshore 3773-3795 - DP21-0183 - Westcorp on the Lake Inc, Inc. No. A75763

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

OPPOSED HODGE

• Moved By Councillor Wooldridge
  Seconded By Councillor Sieben

  THAT Council authorizes the issuance of Development Permit No. DP21-0183 for Lot 1, DL 134, ODYD, Plan EPP41204 Except Plan EPP112300, located at 3773-3795 Lakeshore 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 FURTHER THAT this Development Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

2.8

Hilltown Dr 3310 - DP22-0112 - Kinnikinnik Developments Inc., Inc.No. BC0622664

Staff:

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

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Council authorizes the issuance of Development Permit No. DP22-0112 for Lot B Section 28 Township 23 ODYD Plan EPP101581, located at 3310 Hilltown 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 THAT this Development Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

3.

Bylaws for Adoption (Development Related)

3.1

BL12375 - Zoning Bylaw

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Bylaw No. 12375 be adopted.

  
  
  
  Carried

3.2

BL12386 - Density Bonusing for Public Amenities and Streetscape Reserve Fund

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12386 be adopted.

  
  
  
  Carried

4.

Non-Development Reports & Related Bylaws

4.1

Tree Protection Bylaw No. 8041 Amendments

Staff:

- Displayed a PowerPoint Presentation summarizing amendments to the Tree Protection Bylaw and responded to questions from Council.

• Moved By Councillor Hodge
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report from the Development Planning Department dated

  September 26, 2022, with respect to updating the Tree Protection Bylaw No. 8041;

  AND THAT Bylaw No. 12025, being Bylaw Amendment No. 2 to the Tree Protection Bylaw No. 8041 be forwarded for reading consideration.

  
  
  
  Carried

4.2

BL12025 - Amendment No. 2 to the Tree Protection Bylaw No. 8041

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12025 be read a first, second and third time.

  
  
  
  Carried

4.3

Development Application and Heritage Procedures Bylaw No. 12310 - Landscape Amendments

Staff:

- Displayed a PowerPoint Presentation summarizing the amendments to the Development Application and Heritage Procedures Bylaw and responded to questions from Council.

• Moved By Councillor Sieben
  Seconded By Councillor Donn

  THAT Council receives, for information, the report from the Development Planning Department, dated September 26, 2022, with respect to amending the Development Applications and Heritage Procedures Bylaw for changes to the landscape procedure requirements;

  AND FURTHER THAT Bylaw No. 12423 being Amendment No. 1 to the Development Applications and Heritage Procedures Bylaw be advanced for reading consideration.

  
  
  
  Carried

4.4

BL12423 - Amendment No. 1 to the Development Applications and Heritage Procedures Bylaw No. 12310

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12423 be read a first, second and third time.

  
  
  
  Carried

4.5

Policy Amendments Related to Zoning Bylaw No. 12375 and 2040 OCP Bylaw No. 12300 - City of Kelowna

Staff:

- Displayed a PowerPoint Presentation outlining the proposed changes to various Council Policies.

• Moved By Councillor Given
  Seconded By Councillor Wooldridge

  THAT Council Policy No. 301, being Private Docks Abutting City-Owned Lots Severed from Upland Lakefront Parcels, be revised as outlined in the Report from Development Planning dated September 26, 2022;

  AND THAT Council Policy No. 329, being Downtown Commercial Building Encroachment Policy, be revised as outlined in the Report from Development Planning dated September 26, 2022;

  AND THAT Council Policy No. 366, being Residential Parking Permit Program, be revised as outlined in the Report from Development Planning dated September 26, 2022;

  AND THAT Council Policy No. 367, being Public Notification & Consultation for Development Applications, be revised as outlined in the Report from Development Planning dated September, 2022;

  AND FURTHER THAT Council Policy No. 374, being Snow and Ice Control for Parks and Civic Properties, be revised as outlined in the Report from Development Planning dated September 26, 2022.

  
  
  
  Carried

4.6

Uptown Rutland BIA Bylaw Renewal 2023 - 2027

Staff:

- Introduced the presentation and Jamie Needham and Karen Beaubier, Uptown Rutland Business Association.

Jamie Needham, Past President URBA and Karen Beaubier, Executive Director, URBA

- Displayed a Video and PowerPoint Presentation providing a summary of the Strategic Plan and proposed BIA budget and responded to questions from Council.

• Moved By Councillor Sieben
  Seconded By Councillor Donn

  THAT Council approve the renewal of a specified area for the purpose of annually funding, over a 5 year period, the Uptown Rutland Business Improvement Area pursuant to Sections 215 of the Community Charter, for the properties included within the boundary as outlined on Schedule “A” to the Report of the Revenue Supervisor dated September 26, 2022;

  AND THAT Bylaw 12427 being Uptown Rutland Business Improvement Area Bylaw be advanced for reading consideration;

  AND FURTHER THAT 4:00 p.m., Friday, October 28, 2022 be set as the deadline for receipt of petitions against the proposed Uptown Rutland Business Improvement Area renewal bylaw.

  
  
  
  Carried

4.7

BL12427 - Uptown Rutland Business Improvement Area Bylaw 2023 - 2027

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12427 be read a first, second and third time.

  
  
  
  Carried

4.8

Contract Renewals for Regional District of Kootenay Boundary, City of Vernon and Okanagan Indian Band

Staff:

-Provided a brief overview of the regional contract renewals for fire dispatch services and responded to questions from Council.

• Moved By Councillor Given
  Seconded By Councillor Hodge

  THAT Council approves the City’s renewal of a 5-year contract with Vernon Fire Rescue (VRS) to provide fire dispatch services in the form attached to the Report of the Fire Chief dated September 26, 2022,

   

  AND THAT Council approves the City’s renewal of a 5-year contract with Regional District of Kootenay Boundary (RDKB) to provide fire dispatch services in the form attached to the Report of the Fire Chief dated September 26, 2022;

   

  AND THAT Council approves the City’s renewal of a 5-year contract with Okanagan Indian Band (OKIB) to provide fire dispatch services in the form attached to the Report of the Fire Chief dated September 26, 2022;

   

  AND FURTHER THAT the Mayor and City Clerk be authorized to execute all documents associated with these transactions.

  
  
  
  Carried

4.9

Regional Emergency Management Contracts

Staff:

-Provided an overview of the Regional Emergency Management contracts.

• Moved By Councillor Hodge
  Seconded By Councillor Sieben

  THAT Council receives, for information, the report from the Fire Chief dated September 26, 2022, with respect to the Regional Rescue Program contract and the Regional Dispatch contract;

   

  AND THAT the Mayor and City Clerk be authorized to execute the contracts on behalf of the City of Kelowna.

  
  
  
  Carried

4.10

BC Active Transportation Infrastructure Grant Application - 2022;2023

Staff:

- Provided an overview of the BC Active Transportation Infrastructure Grant application.

• Moved By Councillor Given
  Seconded By Councillor DeHart

  THAT Council receives for information, the report from Integrated Transportation dated September 26, 2022, with respect to the 2022/2023 BC Active Transportation Infrastructure Grant Application;

  AND THAT Council authorize staff to apply for two Active Transportation Infrastructure Grants for the Casorso 3 (KLO to Lanfranco) and Houghton 2 (Hollywood to Rutland) active transportation projects, as outlined in this report;

  AND THAT The City of Kelowna confirms the above-mentioned projects are municipal priorities, planned for construction in 2023 and intended to be complete within the required timeline for the grant;

  AND THAT Council support staff to manage all tasks necessary to complete the grant, if successful;

  AND THAT, if the grant application is successful, the 2022 Financial Plan will be amended to include receipt of funds;

  AND FURTHER THAT The City of Kelowna will be responsible for its share of eligible costs, ineligible costs, and potential overruns related to the project.

  
  
  
  Carried

4.11

GEID Water Supply Boundary Exclusion for 2025 Begbie Rd

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Council receives for information, the report from Utility Services dated September 26,2022, relating to the Glenmore Ellison Improvement District (GEID) Boundary Exclusion for 2025 Begbie Rd;

  AND THAT Council support the request by the GEID to amend its water service area boundary to exclude 2025 Begbie Rd as outlined in this report.

  
  
  
  Carried

4.12

Accelerate Okanagan Talent and Compensation Study

Staff:

- Provided an overview of the proposed Talent and Compensation Study and requested financial contribution to Accelerate Okanagan and responded to questions from Council.

• Moved By Councillor Given
  Seconded By Councillor Stack

  THAT Council receives for the information the report from the Partnership Office dated September 26, 2022 regarding a proposed Talent and Compensation Study to be commissioned by Accelerate Okanagan;

  AND THAT Council approves a financial contribution of $5,000 from Council contingency in support of the Talent and Compensation Study to be commissioned by Accelerate Okanagan.

  
  
  
  Carried

4.13

UBCM Community Emergency Preparedness Fund Support

Staff:

- Provided an overview of the Central Okanagan Emergency Management Program and grant application.

UBCM Community Emergency Preparedness Fund 

• Moved By Councillor Sieben
  Seconded By Councillor Donn

  THAT Council receives, for information, the report from the Partnership Office dated September 26, 2022, with respect to UBCM Community Emergency Preparedness Fund Support;

  AND THAT Council approves the Regional District of Central Okanagan applying for, receiving, and managing the UBCM Community Emergency Preparedness Fund grant funding to complete the Extreme Heat Risk Mapping, Assessment and Planning project on behalf of the City of Kelowna.

  
  
  
  Carried

5.

Bylaws for Adoption (Non-Development Related)

5.1

BL12390 - Road Closure Bylaw - Adjacent to 657 Clement Ave

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12390 be adopted.

  
  
  
  Carried

6.

Mayor and Councillor Items

Mayor Basran

- Made comment that this Friday is National day for truth and reconciliation.  read from statement hope people learn more about our past.  to be more diverse and equitable community. Kelowna Museums on Friday.  internally, learning opportunities. alot of online resources available.  

Councillor  Stack:

- Queen elizabeth passed some days ago, spoke to protocols, common wealth nations have thier own services.

 Councillor DeHart:memorial St Michaels on Richter and Sutherland holding servicefor Queen, takes place Spet 27 7 pm invited the publc to share in that memorial.

- Will not be at council meeting ,Invited everyone to Maxene DeHart drive thru breakfast on October 6th.  All proceeds to the United Way.  Haven't done a breakfast in 3 years.  Spoke to all the United Way breakfast

Councillor Donn:

-

Councillor Sieben:

- Kelowna was in news over weekend for all the wrong reasons, condolencs to those who lost their lives with overdoses. 

- Vehcils running over shelter tent.  Supt has this in hand.  condolecnes to those who lost loved ones over the weeknd.

- this is a significant step in system change that has been broken along time.  BC Mayors Causucs changed frequency of government.  excited to see this move foroward  

Councillor Hodge:

- will be taking part in truth and reconciliation events. asked pulbic to show some support

- on weekend went to DKA Small shop Saturday, very well attended.  Spoke to attendance at DKA After 5 at Pushor Mitchell and it was packed.

- thanked Maxine for hard work and working with her for the past 8 years.

Councillor Wooldridge:1

- will be down at kelowna museum on frday

Councillor Given:

-

Mayor Basran:

-issued statement around incident that police are investigating.  

- thanks colleogues for support last week when in vancouver for Mayors caucus,  

- involuntary customer for repeat offenders. 

increased crown resources to deal with repeat offenders.

7.

Termination

This meeting was declared terminated at 3:22