CITY OF WEST KELOWNA

MINUTES OF THE REGULAR MEETING OF COUNCIL

Meeting #:
Date:	Tuesday, June 11, 2019 at 1:30 P.m. - 6:00 P.m.
Location:	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:

• Jim Zaffino, CAO
• Allen Fillion, GM of Engineering and Public Works
• Warren Everton, CFO
• Brent Magnan, Planning Manager
• Shelley Schnitzler, Legislative Services Manager
• Brandon Mayne, Help Desk Assistant
• Jaleen Rousseau, Planner
• Stacey Harding, Parks and Fleet Operations Manager
• Krishan Hewitt, Summer Student - Information Services

​​

---

1.

CALL THE REGULAR COUNCIL MEETING TO ORDER

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

The meeting was called to order at 1:30 p.m.

2.

INTRODUCTION OF LATE ITEMS

2.1

DP 18-36, 1980 Upper Sundance Drive correspondence received from:

• J. Molnar, L. Olson & Sundance Ridge Residents
• Bill & Debbie Wise

2.2

TUP 18-05, 1375 Green Bay Road Page correspondence received from:

• Diane Rinn
• Karen Christiansen
• Jerry Redman
• Green Bay Rd. Petition
• Dave Clark
• Gail & Art Anastasi
• Cheryll Gillespie
• Trevor & Christie Hughes

2.3

DP 18-33, A 3746 Wetton Road correspondence received from:

• William Mossman

3.

ADOPTION OF AGENDA

• It was moved and seconded

  Resolution No. C216/19

  THAT the agenda be adopted as amended.

  CARRIED UNANIMOUSLY

4.

ADOPTION OF MINUTES

4.1

Minutes of the May 28, 2019 Public Hearing

• It was moved and seconded

  Resolution No. C217/19

  THAT the minutes of the Public Hearing held May 28, 2019 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

4.2

Minutes of the May 28, 2019 Regular Council Meeting

• It was moved and seconded

  Resolution No. C218/19

  THAT the minutes of the Regular Council Meeting held May 28, 2019 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

5.

MAYOR AND COUNCILLOR’S REPORTS

5.1

Mayor Milsom

5.1.1

Regional District of Central Okanagan Highlights from the May 27, 2019 Regional Board Meeting

5.2

Councillor de Jong

5.2.1

Consideration of May 28, 2019 Notice of Motion

At the May 28, 2019 Council meeting, Councillor de Jong provided the following Notice of Motion, which was before Council for consideration:

• It was moved and seconded

  Resolution No. C219/19

  Whereas speeding continues to be an issue throughout the neighbourhoods of West Kelowna; and

  Whereas more conventional physical traffic calming measures are expensive and have shown little effectiveness; and

  Whereas the Provincial Government has recently enabled 35 red light cameras around the Province to target speeders; and

  Whereas the Minister of Public Safety and Solicitor General, Minister Farnworth, was quoted in the May 8^th, 2019 edition of the Daily Courier as saying, "Now we're adding speed enforcement - because it works", when talking about photo radar;

  THEREFORE, BE IT RESOLVED THAT Council direct staff to draft a UBCM resolution to be submitted for UBCM 2019 asking for Provincial permission to implement photo radar on local roads, at the local government expense, for local governments around the Province.

  CARRIED UNANIMOUSLY

5.3

Councillor Findlater

5.3.1

UBCM Resolution - Regulate E-Cigarettes/Vapour Products to Minors

• It was moved and seconded

  Resolution No. C220/19

  THAT Council endorse the Resolution to Regulate E-Cigarettes/Vapour Products to Minors and direct staff to submit the resolutions to the 2019 UBCM Convention.

  CARRIED UNANIMOUSLY

5.4

Councillor Friesen

5.4.1

Correspondence from Okanagan Regional Library

Letter dated May 24, 2019 from Don Nettleton, CEO, Okanagan Regional Library re Request for a Letter of Support to be sent to the Federal Government for Libraries to access and acquire digital publications.

• It was moved and seconded

  Resolution No. C221/19

  Whereas the City of West Kelowna recognizes the important role that libraries play in our community. Libraries and the early literacy programs they run are integral to developing proficient readers and ensuring that children succeed in school. More and more, digital literacy programs run by libraries also help ensure that citizens can contribute to our digital world. Additionally, vulnerable demographic groups, including seniors, low income families, youth and new Canadians rely on access to libraries as an important tool for their participation in the community – from education to searching for jobs to consuming Canadian cultural materials; and

  WHEREAS libraries in our community recognize that our users increasingly seek to access digital publications offered by multinational publishers, and that access to those publications is too often curtailed by prohibitively high licensing fees or else entirely denied to Canadian libraries; and

  WHEREAS libraries must be in a position to offer digital publications to their users as part of their service offering to our community, particularly given the contemporary rapid pace of digitization or educational cultural materials,

  NOW BE IT RESOLVED THAT the City of West Kelowna do hereby:

  1. Indicate our support for the Canadian Urban Libraries Council in its efforts to increase access to digital publications for library users in the City of West Kelowna and across Canada;
  2. Call on the Federal government to investigate barriers faced by libraries in acquiring digital publications and the problems that poses for vulnerable demographic groups in Canada; and
  3. Further ask the Federal government to develop a solution that increases access to digital publications across Canada.
  CARRIED UNANIMOUSLY

5.4.2

E-Mail from Okanagan Regional Library

E-Mail dated June 4, 2019 from Don Nettleton, CEO, Okanagan Regional Library re Partners Call for Submissions for Increased Public Library Funding:  $20 Million in 2020.

• It was moved and seconded

  Resolution No. C222/19

  THAT Council direct staff to draft a Letter of Support, asking the Province to increase funding for public libraries in 2020.

  CARRIED; Councillors de Jong, Findlater and Johnston opposed

  
  

6.

DELEGATIONS

7.

UNFINISHED BUSINESS

8.

DIVISION REPORTS

8.1

DEVELOPMENT SERVICES

8.1.1

DP 18-36, Development Permit with Variances, 1980 Upper Sundance Drive

• It was moved and seconded

  Resolution No. C223/19

  THAT Council authorize the issuance of a Development Permit (DP 18-36) to construct 25 townhomes in six buildings located at 1980 Upper Sundance Drive, subject to conditions outlined in the attached Development Permit; and

  THAT Council authorize the following variances to City of West Kelowna Zoning Bylaw No. 0154 in accordance with the attached Site Plans, as follows:

  • That the required number of loading spaces be reduced from 2 to 1;
  • That the maximum allowable collective retaining wall height be increased from 2.5 m to 3.8 m (for one internal retaining wall only);
  • That the maximum building height of Block C be increased from 12.0 m to 12.69 m;
  • That the maximum building height of Block E be increased from 12.0 m to 12.88 m; and
  • That the interior side parcel boundary be reduced from 4.5 m to 4.39 m.

  THAT issuance of the Development Permit be withheld pending the receipt of landscape security for the landscape plan attached to DP 18-36 as Schedule 'C' in the amount of $213,361.90;

  THAT if the Development Permit has not been issued within one year from the date of approval, the Permit shall be deemed to have been refused and the file closed.

• It was moved and seconded

  Resolution No.

  THAT Council defer consideration of Development Permit DP 18-36.

  DEFEATED; Mayor Milson, Councillors de Jong, Friesen, Johnston, Zilkie opposed

  
  

• It was moved and seconded

  Resolution No. C224/19

  THAT Council allow Ryan Tamblyn to address Council for up to five minutes.

  CARRIED; Councillors Zanon and Zilkie opposed.

  Ryan Tamblyn addressed Council on his concerns regarding this Development Permit application.

  
  

• It was moved and seconded

  Resolution No. C225/19

  THAT Council defer consideration of Development Permit DP 18-36.

  DEFEATED; Mayor Milson, Councillors de Jong, Friesen, Johnston and Zilkie opposed

  
  
• Resolution No.

  QUESTION ON THE MAIN MOTION:

  CARRIED; Councillor Zanon Opposed
  
  The meeting recessed at 3:22 p.m.
  The meeting reconvened at 3:31 p.m.

  
  

8.1.2

TUP 18-05, Temporary Use Permit, 1375 Green Bay Road

• It was moved and seconded

  Resolution No. C226/19

  THAT Council allow the three Delegations to address Council for up to five minutes each.

  CARRIED UNANIMOUSLY

  Ted Wenner, Green Bay Landing Inc., Mark Davis, Occupant of Unit 15A, Green Bay Mobile Home Park, and Sandy James, Green Bay Mobile Home Park Manager each addressed Council on their concerns regarding this Temporary Use Permit.

  
  

• It was moved and seconded

  Resolution No. C227/19

  THAT Council approve a temporary use permit (TUP 18-05) to allow a recreational vehicle on manufactured home site #15A at 1375 Green Bay Road for a period of one year subject to the conditions outlined in the attached permit (Attachment 1); and

  THAT Council deny the request to utilize the additional two manufactured home sites (#16B and #19B) for recreational vehicles.

  CARRIED UNANIMOUSLY

8.1.3

DP 18-33, Development Permit with Variances, A 3746 Wetton Road

• It was moved and seconded

  Resolution No. C228/19

  THAT Council allow Keith Funk to address Council for up to five minutes.

  CARRIED UNANIMOUSLY

  Keith Funk addressed Council on his concerns regarding this Development Permit with Variances.

  
  

• It was moved and seconded

  Resolution No. C229/19

  THAT Council postpone the issuance of a Development Permit (DP 18-33) to construct 24 stacked townhouse units in 3 buildings, and direct the applicant to revise the proposal to include the required parking stalls as per the zoning regulation.

  CARRIED UNANIMOUSLY

  The meeting recessed at 5:20 p.m.
  The meeting reconvened at 5:29 p.m.

  
  

• It was moved and seconded

  Resolution No. C230/19

  THAT the meeting be extended to 6:30 p.m.

  CARRIED UNANIMOUSLY

8.1.4

Z 19-05, Official Community Plan Amendment Bylaw No. 0100.56 and Zoning Amendment Bylaw No. 0154.76, 2370 Tallus Ridge Drive

• It was moved and seconded

  Resolution No. C231/19

  THAT Council give first and second reading to City of West Kelowna Official Community Plan Amendment Bylaw No. 0100.56, 2019 (File: Z 19-05); and

  THAT Council give first and second reading to City of West Kelowna Zoning Amendment Bylaw No. 0154.76, 2019 (File: Z 19-05); and

  THAT Council direct staff to schedule the proposed bylaw amendments for Public Hearing.

  CARRIED UNANIMOUSLY

8.1.5

Z 11-15, Official Community Plan Amendment Bylaw No. 0100.18 and Zoning Amendment Bylaw No. 0154.15, 2796 Benedick Road

• It was moved and seconded

  Resolution No. C232/19

  THAT Council adopt City of West Kelowna Official Community Plan Amendment Bylaw No. 0100.18, 2017 (File: Z 11-15); and

  THAT Council adopt City of West Kelowna Zoning Amendment Bylaw No. 0154.15, 2017 (File: Z 11-15).

  CARRIED; Councillors Findlater and Zanon opposed

  
  

8.1.6

DVP 19-04, Development Variance Permit, 2680 Campbell Road

• It was moved and seconded

  Resolution No. C233/19

  THAT Council authorize the issuance of a Development Variance Permit (DVP 19-04) for 2680 Campbell Road to vary Zoning Bylaw No. 0154 S.10.4.5(g).2 and S.10.4.5(g).3 to reduce the Rear Parcel Boundary Setback from 3.0m to 1.2m and to reduce the Interior Side Parcel Boundary setback from 1.5m to 0.3m for an existing pool house in accordance with the attached permit; and

  THAT Council authorize the issuance of a Development Variance Permit (DVP 19-04) for 2680 Campbell Road to vary Zoning Bylaw No. 0154 S.10.4.5(g).3 to reduce the Interior Side Parcel Boundary setback from 1.5m to 0.3m for an existing shed in accordance with the attached permit.

  CARRIED UNANIMOUSLY

8.2

ENGINEERING AND PUBLIC WORKS

8.2.1

Westbank Cemetery Bylaw Service Review

• It was moved and seconded

  Resolution No. C234/19

  THAT Council give first, second and third readings to Westbank Cemetery Amendment Bylaw No. 0166.03, 2019.

  CARRIED UNANIMOUSLY

8.3

FINANCE, ADMINISTRATIVE AND PROTECTIVE SERVICES

8.4

CHIEF ADMINISTRATIVE OFFICER

8.4.1

Neighbourhood Association Grant Program

Information Report (with Decision Points) from the CAO

• Decision Point 1.

  It was moved and seconded

  Resolution No. C235/19

  THAT Council support Decision Point 1.1a to add a Neighbourhood Association component to the Grant-in-Aid Policy, with the intent that the Grant will fund an activity such as Christmas Light Up, Easter Egg gathering, or a community festival.

  Carried; Councillors de Jong, Findlater and Zanon opposed.

  
  

• Decision Point 2.

  It was moved and seconded

  Resolution No. C236/19

  THAT Council support Decision Point 2.1a to set up a reserve with a maximum of $5,000 and be topped off each year to replace the funds drawn from the pervious year.

  CARRIED; Councillors de Jong and Zanon opposed.

  
  

• It was moved and seconded

  Resolution No. C237/19

  THAT Council support Decision Point 2.2a to use the per capita formula to distribute the funds with a $500 maximum and a $100 minimum.

  CARRIED; Councillors de Jong and Zanon opposed

  
  

• Decision Point 3.

  It was moved and seconded

  Resolution No. C238/19

  THAT Council support Decision Point 3.1a to not have a specific deadline for applying for a neighbourhood association Grant-in-Aid.

  CARRIED; Councillors de Jong, Findlater and Zanon opposed

  
  

• It was moved and seconded

  Resolution No. C239/19

  THAT Council support Decision Point 3.2b, that if the application meets all the requirements, Staff be allowed to make the decision.

  CARRIED; Councillors de Jong, Findlater and Zanon opposed

  
  

• It was moved and seconded

  Resolution No. C240/19

  THAT Council support Decision Point 3.3a to restrict the qualified application to only registered, non-profit Neighbourhood Associations.

  CARRIED; Councillor de Jong opposed

  
  

• It was moved and seconded

  Resolution No. C241/19

  THAT Council support Decision Point 3.4a being the events that would be disqualified as an eligible activity, listed below:

  1. Does not include ALL the Community
  2. Cannot be used as a fundraiser
  3. Cannot be a political or religious activity
  4. No sale or consumption of drugs or alcohol allowed
  5. Cannot violate any West Kelowna Bylaws
  6. Cannot be a private or closed function
  7. Cannot be hosted by a for-profit business or group

  CARRIED; Councillors de Jong and Zanon opposed

  
  

• It was moved and seconded

  Resolution No. C242/19

  THAT Council support Decision Point 3.5a, that each association may only apply once per year for a Grant.

  CARRIED; Councillors de Jong and Zanon opposed

  
  

• It was moved and seconded

  Resolution No. C243/19

  THAT Council support Decision Point 4.1a, that if a cash Grant is approved, then no further benefit is provided for the approved function.

  CARRIED; Councillors de Jong and Zanon opposed

  
  

9.

CORRESPONDENCE AND INFORMATION ITEMS

10.

NOTICE OF MOTION

11.

ADJOURNMENT OF THE REGULAR MEETING

The meeting adjourned at 6:34 p.m.