CITY OF WEST KELOWNA

MINUTES OF THE REGULAR MEETING OF COUNCIL

Tuesday, August 23, 2022, Immediately Following the Public Hearing at 6:00 p.m.

COUNCIL CHAMBERS

2760 CAMERON ROAD, WEST KELOWNA, BC

MEMBERS PRESENT:

• Mayor Gord Milsom
• Councillor Rick de Jong
• Councillor Doug Findlater
• Councillor Jason Friesen
• Councillor Stephen Johnston
• Councillor Carol Zanon
• Councillor Jayson Zilkie

Staff Present:

• Paul Gipps, CAO
• Allen Fillion, Director of Engineering / Operations
• Warren Everton, Director of Finance / CFO
• Sandy Webster, Director of Corporate Initiatives
• Jason Brolund, Fire Chief
• Brad Savoury, Director of Legal Services
• Brent Magnan, Director of Development Approvals
• Erin Goodwin, Facilities and Recreation Manager
• Stacey Harding, Fleet Operations and Project Manager
• Kari O'Rourke, Communications and Engagement Manager
• Corinne Boback, Legislative Services Manager/Corporate Officer
• Kevin Bourchier, Recreation and Culture Supervisor
• Chris Oliver, Planning Supervisor

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1.

CALL THE REGULAR COUNCIL MEETING TO ORDER

The meeting was called to order at 6:40 p.m.

It was acknowledged that this meeting was held on the traditional territory of the Syilx/Okanagan Peoples.

This meeting was open to the public.  All representations to Council form part of the public record.  This meeting was webcast live and archived on the City's website.

2.

INTRODUCTION OF LATE ITEMS

2.1

DP 22-10; Development Permit with Variance; 1386 Bear Creek Road (Item 8.2.8)

Correspondence received from:

• ShangNing Zhu
• Deborah Atkinson
• Jason McNutt
• Dan Taubensee

3.

ADOPTION OF AGENDA

• It was moved and seconded

  Resolution No. C218/22

  THAT the agenda be adopted as amended.

  CARRIED UNANIMOUSLY

4.

ADOPTION OF MINUTES

4.1

Minutes of the Special Council Meeting, held Tuesday, July 26, 2022 in the City of West Kelowna Council Chambers

• It was moved and seconded

  Resolution No. C219/22

  THAT the Minutes of the Special Council Meeting held Tuesday, July 26, 2022 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

4.2

Minutes of the Regular Council Meeting held Tuesday, July 26, 2022 in the City of West Kelowna Council Chambers

• It was moved and seconded

  Resolution No. C220/22

  THAT the Minutes of the Regular Council Meeting held Tuesday, July 26, 2022 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

5.

MAYOR AND COUNCILLOR’S REPORTS

5.1

Mayor Milsom

Mayor Milsom shared the news of the passing of Parm Dhaliwal, former West Kelowna Warriors and sent condolences to the family, friends and the West Kelowna Warriors community. A tribute night honoring Parm Dhaliwal will be held at the Royal LePage Place Arena on Saturday, October 1st prior to their game.

The Mayor acknowledged the three recent motor vehicle incidents on Horizon Drive and expressed deepest sympathies to the families and friends of those involved. Road safety remains a priority and the City of West Kelowna will incorporate improvements to increase safety in the community. 

5.1.1

Regional District of Central Okanagan Highlights from the July 25, 2022 Regional Board Meeting

6.

DELEGATIONS

7.

UNFINISHED BUSINESS

8.

DIVISION REPORTS

8.1

CHIEF ADMINISTRATIVE OFFICER

8.1.1

Appointment of Corporate Officer

• It was moved and seconded

  Resolution No. C221/22

  THAT Council rescind the appointment of Shelley Schnitzler, Corporate Officer, for the City of West Kelowna; and

  THAT Council appoint Corinne Boback as Corporate Officer for the City of West Kelowna.

  CARRIED UNANIMOUSLY

8.1.2

Appointment of Chief Election Officer and Local Government Election Update

• It was moved and seconded

  Resolution No. C222/22

  THAT Council rescind the appointment of Shelley Schnitzler as Chief Election Officer; and

  THAT Council appoint Corinne Boback as Chief Election Officer for the 2022 City of West Kelowna Local Government Election.

  CARRIED UNANIMOUSLY

8.1.3

Council Procedure Amendment Bylaw No. 0258.02 (adopt)

• It was moved and seconded

  Resolution No. C223/22

  THAT Council adopt “City of West Kelowna Council Procedure Amendment Bylaw No. 0258.02, 2022”.

  CARRIED UNANIMOUSLY

8.1.4

Employee Line of Duty Death Policy

• It was moved and seconded

  Resolution No. C224/22

  THAT Council adopt the “Employee Line of Duty Death Policy” dated August 23, 2022.

  CARRIED UNANIMOUSLY

8.1.5

2022 Strategic Priorities Progress Update

The Director of Corporate Initiatives provided an update on the 2022 Strategic Priorities progress.

8.1.6

Mt Boucherie Community Centre Restoration Project Update

The Facilities and Recreation Manager provided an update on the Mt Boucherie Community Centre Restoration Project.

8.1.7

Capital Carryforward Projects 2022

The Director of Finance/CFO presented the Capital Carryforward Projects.

8.2

DEVELOPMENT SERVICES

8.2.1

Z 22-03; Zoning Amendment Bylaw No. 0154.116 (Post Public Hearing Options Report); 3654 Old Okanagan Highway

• It was moved and seconded

  Resolution No. C225/22

  THAT Council give third reading to City of West Kelowna Zoning Amendment Bylaw No. 0154.116, 2022; and

  THAT Council direct staff to schedule the bylaw for consideration of adoption following approval of the bylaw by the Ministry of Transportation and Infrastructure.

  CARRIED UNANIMOUSLY

8.2.2

Z 22-04; Zoning Amendment Bylaw No. 0154.115 (Post Public Hearing Options Report); 3639 Apple Way Boulevard

• It was moved and seconed

  Resolution No. C226/22

  THAT Council give third reading and adopt City of West Kelowna Zoning Amendment Bylaw No. 0154.115, 2022.

  CARRIED UNANIMOUSLY

8.2.3

Z 22-07; Zoning Amendment Bylaw No. 0154.117 (Post Public Hearing Options Report); 1195 Industrial Road

• It was moved and seconded

  Resolution No. C227/22

  THAT Council give third reading to City of West Kelowna Zoning Amendment Bylaw No. 0154.117, 2022; and

  THAT Council direct staff to schedule the bylaw for consideration of adoption following approval of the bylaw by the Ministry of Transportation and Infrastructure.

  CARRIED; Councillor Findlater opposed

   

  Council recessed at 8:06 p.m.

  Council reconvened at 8:18 p.m.

   

  
  

8.2.4

Z 21-02, OCP and Zoning Amendment Bylaw No. 0100.64 and 0154.104 (3rd Reading), Unaddressed Smith Creek Road

• It was moved and seconded

  Resolution No. C228/22

  THAT Council give third reading to City of West Kelowna Official Community Plan Amendment Bylaw No. 0100.64, 2022 (File: Z 21-02); and

  THAT Council give third reading to City of West Kelowna Zoning Amendment Bylaw No. 0154.104, 2022 (File: Z 21-02); and

  THAT Council direct staff to schedule the bylaws for consideration of adoption following registration of a Section 219 Covenant to secure servicing and infrastructure works as a condition of zoning, including preliminary design and cost estimates to the satisfaction of the City and as described in this report for the following:

  • Full dedication and construction of the east-south Smith Creek Road alignment
  • Extension of Doucette Drive to connect with Copper Ridge Drive prior to any further development over 100 units;.
  • Bus stop improvements, including the extension of sidewalk from the Copper Ridge intersection
  • Linear trail connections including works and any necessary statutory rights of way
  • Off-site storm water improvements.
  CARRIED UNANIMOUSLY

8.2.5

DVP 22-02, Development Variance Permit, 2240 Hihannah Drive

• It was moved and seconded

  Resolution No. C229/22

  THAT Council authorize the issuance of a Development Variance Permit (DVP 22-02) for 2240 Hihannah Drive to vary Section 10.4.5.g.1 of the Zoning Bylaw No. 0154 to reduce the front parcel boundary setback from 4.5m to 1.89m and the front parcel boundary setback for a garage from 6.0 to 4.02m.

  CARRIED UNANIMOUSLY

8.2.6

A 22-02; Agricultural Land Commission; 3910 Brown Road

• It was moved and seconded

  Resolution No. C230/22

  THAT Council support the Non-Adhering Residential Use application to install a temporary farm worker dwelling in the Agricultural Land Reserve for the property at 3910 Brown Road (Lot 4, DL 807, ODYD, Except Plan EPP24835) for a period of four years; and

  THAT Council direct staff to forward the application to the Agricultural Land Commission for consideration.

  CARRIED UNANIMOUSLY

8.2.7

TUP 18-04.01, Temporary Use Permit Renewal, 3275 Shetler Drive

• It was moved and seconded

  Resolution No. C231/22

  THAT Council approve the issuance of a Temporary Use Permit renewal (TUP 18-04.01) to permit a woodworking shop at 3275 Shetler Drive (Lot B, DL 804, ODYD, Plan KAP64016) for a period of three (3) years subject to the conditions of the permit as amended to reflect indoor sawing of lumber (Attachment 1).

  CARRIED UNANIMOUSLY

8.2.8

DP 22-10; Development Permit with Variance; 1386 Bear Creek Road

• It was moved and seconded

  Resolution No. C232/22

  THAT Council authorize the issuance of a Hillside Development Permit (DP 22-10) with variances to the following sections of Zoning Bylaw No. 0154 in accordance with the Draft Permit:

  • Section 10.4.6(a) to vary the permitted height of a single building wall face from 9.0m to 11.6m; and
  • Section 4.3.4(b) to vary the permitted slope of a parking and loading area from 12.0% to a maximum of 19.16% (average 14.2%); and

  THAT issuance of the Hillside Development Permit (DP 22-10) be withheld pending receipt of landscaping security in the amount of $31,250 for works in accordance with the landscape plan.

  CARRIED; Councillors de Jong, Zanon and Findlater opposed

   

8.2.9

P 20-07, Zoning Bylaw No. 0265 (Consequential Bylaw Amendments First, Second and Third Readings)

• It was moved and seconded

  Resolution No. C233/22

  THAT Council give first, second and third readings to the following bylaws as consequential amendments related to the adoption of City of West Kelowna Zoning Bylaw No. 0265, 2022:

  • “City of West Kelowna Building Regulation Amendment Bylaw No. 0086.06, 2022”;
  • “City of West Kelowna Business Licensing and Regulations Amendment Bylaw No. 0087.15, 2022”;
  • “Bylaw Notice Enforcement Amendment Bylaw No. 0093.50, 2022”;
  • “City of West Kelowna Ticket Information Utilization Amendment Bylaw No. 0095.47, 2022”; and
  • “City of West Kelowna Works and Services Amendment Bylaw No. 0249.02, 2022”; and

  THAT Council direct staff to bring the bylaws for consideration of adoption.

  CARRIED UNANIMOUSLY

8.2.10

Development Application Process Review Streamlining – Bill 26 (First, Second and Third Reading)

• It was moved and seconded

  Resolution No. C234/22

  THAT Council defer first, second, and third readings to the City of West Kelowna Development Applications Procedures Amendment Bylaw No. 0260.01, 2022 until the September 6, 2022 Regular Council meeting.

  CARRIED UNANIMOUSLY

• It was moved and seconded

  Resolution No. C235/22

  THAT the meeting be extended to 10:30 p.m.

  CARRIED UNANIMOUSLY

8.2.11

P 22-04, 2023 Transit Service Review

• It was moved and seconded

  Resolution No. C236/22

  THAT Council defer the 2023 Transit Service Review to the next meeting.

  CARRIED UNANIMOUSLY

8.3

ENGINEERING / PUBLIC WORKS / PARKS

8.3.1

Development Cost Charges Bylaw No. 190.01 (Adoption)

• It was moved and seconded

  Resolution No. C237/22

  THAT Council adopt “City of West Kelowna Development Cost Charge Amendment Bylaw No. 190.01, 2022”.

  CARRIED UNANIMOUSLY

8.4

FIRE RESCUE SERVICES

8.5

CORPORATE INITIATIVES

8.6

FINANCIAL SERVICES / RECREATION AND CULTURE

9.

CORRESPONDENCE AND INFORMATION ITEMS

10.

NOTICE OF MOTION

10.1

Councillor de Jong

The following is provided as Notice of Motion:

Whereas the City of West Kelowna has a building permitting system for the purpose of managing development in the City; and

Whereas building permits are required to start development and follow good building practices; and

Whereas development should be done in a manner that is considerate to the neighbourhood it is located in.

Therefore, I ask Council to direct staff to develop bylaw amendments that identify when a neighbourhood becomes mostly occupied, there are additional development requirements such as:

• Reasonable timeframes for the development to begin and be completed;
• Reasonable standards for the control of dust and debris;
• Reasonable times for construction noise to begin and abated; and
• Reasonable guidelines for the parking or storage of equipment, vehicles, and materials.

• It was moved and seconded

  Resolution No. C238/22

  THAT the Notice of Motion as amended be scheduled for Council consideration at the September 6, 2022 Regular Council meeting.

  CARRIED UNANIMOUSLY

11.

ADJOURNMENT OF THE REGULAR MEETING

The meeting adjourned at 10:12 p.m.