CITY OF WEST KELOWNA

MINUTES OF THE REGULAR MEETING OF COUNCIL

Tuesday, December 13, 2022 at 1:30 P.m. - 5:30 P.m.

COUNCIL CHAMBERS

2760 CAMERON ROAD, WEST KELOWNA, BC

MEMBERS PRESENT:

• Mayor Gord Milsom
• Councillor Tasha Da Silva
• Councillor Rick de Jong
• Councillor Jason Friesen
• Councillor Stephen Johnston
• Councillor Garrett Millsap
• Councillor Carol Zanon

Staff Present:

• Paul Gipps, CAO
• Allen Fillion, Director of Engineering / Operations
• Warren Everton, Director of Finance / CFO
• Sandy Webster, Director of Corporate Initiatives
• Michelle Reid, Director of Human Resources
• Jason Brolund, Fire Chief
• Brent Magnan, Director of Development Approvals
• Corinne Boback, Legislative Services Manager/Corporate Officer
• Mark Roberts, Parks Manager
• Mike Cain, Bylaw Services Manager
• Kari O'Rourke, Communications and Engagement Manager
• Bryce Stirling, FireSmart/Wildfire Prevention Specialist
• Jason Sandberg, Development Engineer
• Kassidie Cornell, Communications and Engagement Coordinator
• Jessica Hewitt, Communications and Engagement Advisor (virtual)

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1.

CALL THE REGULAR COUNCIL MEETING TO ORDER

The meeting was called to order at 1:37 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

Re-order item 8.6.1 2022 Short-Term Equipment Financing to item 8.1.5 under Chief Administrative Officer

2.2

Add Mobile Washroom/Shower Trailer - Addressing a Gap in Service Availability for the Homeless in our Community Update to item 8.2.7 under Development Services

2.3

Add Short Term Accommodation/Bed and Breakfast Clarification to item 8.1.4 under Chief Administrative Officer

3.

ADOPTION OF AGENDA

• It was moved and seconded

  Resolution No. C306/22

  THAT the agenda be adopted as amended.

  CARRIED UNANIMOUSLY

4.

ADOPTION OF MINUTES

4.1

Minutes of the Special Council Meeting held Tuesday, November 22, 2022 in the City of West Kelowna Council Chambers

• It was moved and seconded

  Resolution No. C307/22

  THAT the minutes of the Special Council Meeting held Tuesday, November 22, 2022 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

4.2

Minutes of the Public Hearing Meeting held Tuesday, November 22, 2022 in the City of West Kelowna Council Chambers

• It was moved and seconded

  Resolution No. C308/22

  THAT the minutes of the Public Hearing Meeting held Tuesday, November 22, 2022 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

4.3

Minutes of the Regular Council Meeting held Tuesday, November 22, 2022 in the City of West Kelowna Council Chambers

• It was moved and seconded

  Resolution No. C309/22

  THAT minutes of the Regular Council Meeting held Tuesday, November 22, 2022 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

5.

MAYOR AND COUNCILLOR’S REPORTS

On behalf of Council, Mayor Milsom expressed their deepest sympathies and heartfelt condolences to one of our West Kelowna families for the passing of their nine-year-old daughter.

Mayor Milsom and Council thanked City staff for their efforts this season by lighting up the city with holiday light displays.

On behalf of Council and staff, Mayor Milsom wished the West Kelowna community a happy and healthy holiday season and a prosperous new year.

5.1

Regional District of Central Okanagan Highlights from the November 24, 2022 Regional Board Meeting

5.2

Regional District of Central Okanagan Highlights from the December 1, 2022 Regional Board Meeting

6.

DELEGATIONS

7.

UNFINISHED BUSINESS

8.

DIVISION REPORTS

8.1

CHIEF ADMINISTRATIVE OFFICER

8.1.1

Amendment to the Freedom of Information and Protection of Privacy Bylaw 2009 No. 0037 (Adoption)

• It was moved and seconded

  Resolution No. C310/22

  THAT Council resolve to adopt the Freedom of Information and Protection of Privacy Amending Bylaw 2009 No. 0037.01.

  CARRIED UNANIMOUSLY

8.1.2

Council Procedure Amendment Bylaw and Council Meeting Schedule 2023 (Adoption)

• It was moved and seconded

  Resolution No. C311/22

  THAT Council resolve to adopt the City of West Kelowna Council Procedure Amendment Bylaw No. 0258.03; and

  THAT Council resolve to approve the 2023 City of West Kelowna Council Meeting Schedule.

  DEFEATED; Mayor Milsom and Councillors Da Silva, de Jong, Friesen and Zanon opposed

   

• It was moved and seconded

  Resolution No. C312/22

  THAT Council resolve to rescind first, second and third reading consideration given to City of West Kelowna Council Procedure Amendment Bylaw No. 0258.03 and the bylaw be obsolete; and

  THAT Council resolve to approve the original 2023 City of West Kelowna Council Meeting Schedule and advertise the meeting schedule in accordance with the Community Charter.

  CARRIED; Councillors Johnston and Millsap opposed

   

8.1.3

2022 Year In Review Presentation

The Director of Corporate Initiatives presented a 2022 Year in Review Video.

8.1.4

Mobile Washroom/Shower Trailer - Addressing a Gap in Service Availability for the Homeless in our Community Update

The Bylaw Manager provided an update on the Mobile Washroom/Shower Trailer - Addressing a gap in Service Availability for the homeless in our community. SPARC BC approved the Grant application for $50,000 for construction and operations cost coverage.

• It was moved and seconded

  Resolution No. C313/22

  THAT Council resolve to direct staff to move forward with the signing of the SPARC BC Homelessness Community Action Grants Project Agreement for the mobile washroom/shower trailer project; and

  THAT Council resolve the interim funds to come from the operating surplus reserve.

  CARRIED UNANIMOUSLY

8.1.5

2022 Short-Term Equipment Financing

This item was moved forward from 8.6.1

• It was moved and seconded

  Resolution No. C314/22

  THAT Council resolve to borrow up to $1,869,192 under Section 175 of the Community Charter, from the Municipal Finance Authority, for the purpose of funding equipment from the 2019, 2020 and 2022 Capital Plans; and

  THAT Council resolve that the loan be repaid within 5 years, with no rights of renewal.

  CARRIED UNANIMOUSLY

8.2

DEVELOPMENT SERVICES

8.2.1

LUCA 22-01; Land Use Contract Discharge; 753 Lindsay Court

• It was moved and seconded

  Resolution No. C315/22

  THAT Council resolve to give first and second readings to Land Use Contract Discharge Bylaw No. 0302, 2022; and

  THAT Council resolve to direct staff to schedule the application for Public Hearing.

  CARRIED UNANIMOUSLY

8.2.2

TUP 19-04.01; 2352 McDougall Road; Gravel Extraction Renewal

Pursuant to Section 100 of the Community Charter, Councillor Johnston declared a conflict of interest regarding item 8.2.2 TUP 19-04.01 due to business.

Councillor Johnston left Council Chambers at 2:37 p.m.

• It was moved and seconded

  Resolution No. C316/22

  THAT Council resolve to approve issuance of the Temporary Use Permit renewal (TUP 19-04.01) for Lot A, DL 505, ODYD, Plan KAP 31375 (2352 McDougall Road), for a three-year period to permit the use of gravel extraction on a parcel zoned A1 – Agricultural.

  CARRIED UNANIMOUSLY

  Councillor Johnston returned to Council Chambers at 2:42 p.m.

   

  
  

8.2.3

Z 17-18; OCP and Zoning Amendment Bylaw No. 0100.51 and 0265.05 (Third as Amended); 2734 & 2736 Lower Glenrosa Road

The Director of Development Approvals provided an update on this application. Two options were presented to Council for discussion.

• It was moved and seconded

  Resolution No. C317/22

  THAT Council resolve to rescind first and second readings to Official Community Plan Amendment Bylaw No. 0100.51, 2018, and Zoning Amendment Bylaw No. 0154.68, 2018 (File: Z 17-18), and abandon the bylaws.
  CARRIED; Mayor Milsom and Councillor Friesen opposed

   

8.2.4

Z 22-02; Zoning Bylaw Amendment No. 0265.09 (First and Second Reading); 3746A Wetton Road

• It was moved and seconded

  Resolution No. C318/22

  THAT Council resolve to give first and second reading to City of West Kelowna Zoning Amendment Bylaw No. 0265.09, 2022; and

  THAT Council resolve to direct staff to schedule a Public Hearing regarding the proposed zoning amendment.

  CARRIED UNANIMOUSLY

8.2.5

Z 22-05; OCP Amendment Bylaw No.100.68 and Zoning Amendment Bylaw No. 265.01 (Third Reading as Amended); 1045 Bear Creek Road

• It was moved and seconded

  Resolution No. C319/22

  THAT Council resolve to give Third Reading to City of West Kelowna Official Community Plan Amendment Bylaw No. 100.68, 2022; and

  THAT Council resolve to give Third Reading as amended to Zoning Amendment Bylaw No. 265.01, 2022; and

  THAT Council resolve to direct staff to schedule the amendment bylaws for adoption following:

  • Registration of a Section 219 Covenant that includes preliminary design and cost estimates to secure the construction of the water service extension, filling station and turn around;
  • Registration of a Section 219 Covenant to ensure future development is in accordance with the Preliminary Hydrogeological Assessment prepared by Ecoscape Environmental Consultants Ltd., dated January 20, 2022.
  • Registration of an easement on the adjacent property over the alignment of the water main; and
  • Registration of a Statutory Right of Way over the adjacent lands to support a fire truck turnaround and staging/filling station.
  CARRIED UNANIMOUSLY

8.2.6

Z 22-11; Zoning Bylaw Amendment No. 0265.10 (First and Second Reading); 3575 Elliott Road

• It was moved and seconded

  Resolution No. C320/22

  THAT Council resolve to deny Zoning Amendment Bylaw No. 0265.10, 2022.

  CARRIED; Mayor Milsom and Councillors Friesen and Zanon opposed

   

8.2.7

Short Term Accommodation/Bed and Breakfast Clarification

Pursuant to Section 100 of the Community Charter, Councillor Millsap declared a conflict of interest regarding item 8.2.7 Short Term Accommodation/Bed and Breakfast Clarification as he operates a Short Term Accommodation/Bed and Breakfast in West Kelowna.

Councillor Millsap left Council Chambers at 3:55 p.m.

Staff provided an update on the Short Term Accommodations and Bed and Breakfast licensing process.

• It was moved and seconded

  Resolution No. C321/22

  THAT Council resolve to direct staff to not issue or renew business licenses that do not clearly meet the traditional definition of B&B’s; and

  THAT Council resolve to direct staff to amend the Bed and Breakfast Bulletin to reflect the traditional use and operation of a B&B; and

  THAT Council resolve to direct staff to bring back the necessary bylaw amendments for consideration as part of the broader review of the Short Term Accommodation program.

  CARRIED UNANIMOUSLY

  Councillor Millsap returned to Council Chambers at 4:09 p.m.

   

  
  

8.3

ENGINEERING / PUBLIC WORKS / PARKS

8.3.1

Road Closure Portion of Asquith Road

• It was moved and seconded

  Resolution No. C322/22

  THAT Council resolve to authorize the Mayor and Corporate Officer to execute all documents necessary to allow the road closure of the (+/-) 2280 m2 portion adjacent to 3030 Asquith Road for the purpose of consolidation with 3030 Asquith Road; and

  THAT Council resolve to give first, second, and third reading to City of West Kelowna Road Closure and Disposition Bylaw No. 299, 2022; and

  THAT Council resolve to direct staff to advertise Council’s intention to close the road closure area, as per Section 94 of the Community Charter.

  CARRIED UNANIMOUSLY

8.4

FIRE RESCUE SERVICES

8.4.1

2023 FireSmart Grant Application and Wildfire Mitigation Update

• It was moved and seconded

  Resolution No. C323/22

  THAT Council resolve to direct staff to apply to the Community Resiliency Investment Program requesting the maximum grant contribution of $200,000 to conduct community FireSmart activities and support wildfire mitigation operations in 2023; and

  THAT Council resolve to authorize the Mayor and the CAO to execute the agreement; and

  THAT Council resolve to direct staff to allocate funding as generally outlined in this report; and

  THAT Council resolve to authorize staff to include $200,000 in the 2023 Operating Budget for FireSmart activities and wildfire mitigation operations, subject to funding from the Community Resiliency Investment Program.

  CARRIED UNANIMOUSLY

8.5

CORPORATE INITIATIVES

8.6

FINANCIAL SERVICES  

8.6.1

2022 Short-Term Equipment Financing

This item was moved to item 8.1.5

9.

CORRESPONDENCE AND INFORMATION ITEMS

10.

NOTICE OF MOTION

11.

ADJOURNMENT OF THE REGULAR MEETING

The meeting adjourned at 4:45 p.m.