THE CORPORATION OF THE CITY OF VERNON

AGENDA

Regular Open Meeting of Council

Monday, March 28, 2022 at 1:30 P.m. - 5:30 P.m.

CITY HALL COUNCIL CHAMBER

3400 30 Street

Vernon B.C.

Masks are optional for in-person attendance to Council meetings.  Please note capacity is limited and is available on a first come, first served basis.  A hand-washing and/or sanitizing station will be provided.

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1.

CALL REGULAR MEETING TO ORDER

1.a

Land Acknowledgement

As Mayor of the City of Vernon, and in the spirit of this gathering, I recognize the City of Vernon is located in the traditional territory of the Syilx People of the Okanagan Nation.

1.b

Move to Committee of the Whole

2.

RECONVENE REGULAR MEETING AND RESOLUTION TO CLOSE MEETING

2.a

Resolution to Close Meeting

THAT the meeting be closed to the public in accordance with Section 90 of the Community Charter as follows:

(1)(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;

(c)  labour relations or other employee realtions;

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality;

(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public;

(2)(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

• THAT the meeting be closed to the public in accordance with Section 90 of the Community Charter as follows:

  (1)(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;

  (c)  labour relations or other employee realtions;

  (e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality;

  (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the Council, could reasonably be expected to harm the interests of the municipality if they were held in public;

  (2)(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

3.

RECONVENE TO OPEN COUNCIL AT 1:30 PM

3.a

Land Acknowledgement

As Mayor of the City of Vernon, and in the spirit of this gathering, I recognize the City of Vernon is located in the traditional territory of the Syilx People of the Okanagan Nation.

3.b

Agenda

• THAT the Agenda for the March 28, 2022, Regular Open Meeting of Council be adopted as circulated.

3.c

Adoption of Minutes and Receipt of Committee of the Whole

• THAT the minutes of the Regular meeting of Council held March 14, 2022, be adopted;

  AND FURTHER, that the minute of the Public Hearing held March 14, 2022, be adopted;

  AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held March 14, 2022, be received.

4.

BUSINESS ARISING FROM THE MINUTES

5.

GENERAL MATTERS

5.a

Development Variance Permit (DVP00531) - 117 Kal Lake Road

• THAT Council support Development Variance Permit application 00531 (DVP00531) to vary Zoning Bylaw 5000 on LT 1, SEC 27, TWP 9, ODYD, PL 17042 Except PL KAP78227 (117 Kalamalka Lake Road) as follows

  1. Section 4.16.1 to allow the construction of buildings, structures and swimming pools on slopes greater than 30%;
  2. Section 6.5.11 to increase the maximum height of a retaining wall from 1.2m to 4.0m;

  AND FURTHER, that Council’s support of DVP00531 is subject to the following:

  1. That the site plan and building elevations (Attachment 1), as well as cross-sections (Attachment 5), intended to illustrate the siting of structures, drive access and retaining wall height in the report titled “Development Variance Permit Application for 117 Kalamalka Lake Road” dated March 18, 2022 and respectfully submitted by the Current Planner, be attached to and form part of DVP00531 as Schedule ‘A’;
  2. That a restrictive covenant be registered on title to ensure that the recommendations of the geo-technical reports, as submitted by Interior Testing Services Ltd, dated December 10, 2020, and February 4, 2022, are implemented at the building permit stage and that the areas that are not to be developed remain undeveloped; and
  3. That a statutory right of way over the undeveloped area be registered on the property to establish public access for a future trail connection in accordance with the Pedestrian and Bike Master Plan.

5.a.1

Public Input - DVP00531

Public Input on Development Variance Permit DVP00531 for LT 1, SEC 27, TWP 9, ODYD, PL 17042 Except PL KAP78227 (117 Kalamalka Lake Road).

5.a.2

Permit Issuance - DVP00531

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00531 for LT 1, SEC 27, TWP 9, ODYD, PL 17042 Except PL KAP78227 (117 Kalamalka Lake Road) to vary Zoning Bylaw 5000 to allow the construction on slopes greater than 30% and to increase the maximum height of a retaining wall, once all conditions of Council are satisfied.

5.b

Public Input - Amendment to Council Procedure Bylaw 4840

Pursuant to Section 94 of the Community Charter, Council is providing an opportunity for the public to make submissions to City Council regarding proposed amendments to Council Procedure Bylaw #4840.

 

6.

COUNCIL INQUIRIES

7.

ADMINISTRATION UPDATES 

• THAT Council receive the Administration Updates dated March 28, 2022, for information.

8.

UNFINISHED BUSINESS

8.a

Retail Cannabis Delegation and Lapse Amendments (4330-01)

• THAT Council support the proposed amendment to Delegation of Authority Bylaw 5727 to delegate the authority to make recommendations and comments on provincial applications for a retail cannabis store licence in response to referrals provided by the Liquor and Cannabis Regulation Branch as contained in Attachment 1 of the memorandum titled “Retail Cannabis Delegation and Lapse Amendments” dated March 18, 2022, and respectfully submitted by the Current Planner;

  AND FURTHER that Council support the proposed amendment to Business Licence Bylaw 5480 to incorporate an application lapse provision for Retail Cannabis Stores that become inactive for a period greater than 24 months as contained in Attachment 2 of the memorandum titled “Retail Cannabis Delegation and Lapse Amendments” dated March 18, 2022, and respectfully submitted by the Current Planner.

9.

MATTERS REFERRED

10.

NEW BUSINESS

10.a

2021 Year-End Results

• THAT Council receive the memorandum dated March 18, 2022     from the Director, Financial Services titled “2021 Year End Results”;

  AND FURTHER, that Council approve the transfer of $50,823 from the 2021 Unexpended Uncommitted Balance to the Abandoned Camp reserve;

  AND FURTHER, that Council approve the creation of an Extreme Wildfire reserve in the amount of $200,000, funded by the 2021 Unexpended Uncommitted Balance;

  AND FURTHER, that Council approve the expenditure of up to $60,000 for the purchase of an exhaust system at Fire Station 3, funded from the 2021 Unexpended Uncommitted Balance;

  AND FURTHER, that Council approve the expenditure of up to $200,000 for the acquisition of a facility to support Operations, funded from the 2021 Unexpended Uncommitted Balance.

   

10.b

Fleet - 2022 Forecasted Budget Shortfall (1280-01)

• THAT Council receive the memorandum titled “Fleet – 2022 Forecasted Budget Shortfall” dated March 15, 2022 respectfully submitted by the Manager, Fleet Services;

  AND FURTHER, that Council direct Administration to allocate $320,000 for potential 2022 Fleet budget shortfalls relating to increases in fuel, parts, and supplies to be funded by the 2021 Unexpended Uncommitted balance;

  AND FURTHER, that Council direct Administration to report back to Council early in 2023 with the actual 2022 Fleet budget costs relating to fuel, parts and supplies.

10.c

Marshall Field Washrooms - Increase in Seasonal Operation (6100-14)

• THAT Council receive the memorandum titled “Marshall Field Washrooms – Increase in Seasonal Operation” dated March 17, 2022, respectfully submitted by the Manager, Parks and Public Spaces;

  AND FURTHER, that Council authorize the Mayor and Corporate Officer to execute an agreement with RDNO and/or the North Okanagan Youth Soccer Association extending the use, operation and maintenance of the Marshall Field washroom to include the months of November 1 to March 31 annually;  

  AND FURTHER, that Council approve $20,000 for the operation and maintenance of the Marshall Field washroom from November 1, 2022 to December 31, 2022, to be funded by the 2021 Unexpended Uncommitted year end balance;

  AND FURTHER, that Council authorize Administration to bring forward a service level increase for consideration during the 2023 budget deliberations to extend operation and maintenance of the Marshall Field washroom facility to include January 1 to March 31 and November 1 to December 31annually at a cost of $35,000 to be funded by taxation.

10.d

General Local Elections Budget (4200-03)

• THAT Council receives the memorandum titled “General Local Elections Budget” dated March 23, 2022 and respectfully submitted by the Manager, Legislative Services;

  AND FURTHER, that Council direct Administration to allocate $30,000 to the Election Reserve, source of funds 20221 Unexpended Uncommitted balance.

10.e

Child Care Space Creation Projects Progress - March (8215-05)

10.f

Rezoning Application for 4004 31st Street (3360-20 ZON00381)

• THAT Council support the application (ZON00381) to rezone LT 16 SEC 3 TWP 8 ODYD PL 1257 (4004 31st Street) from R2 – Large Lot Residential to C4 – Street-Oriented Commercial as outlined in the report titled “Rezoning Application for 4004 31st Street” dated March 18, 2022 and respectfully submitted by the Current Planner;

  AND FURTHER, that Council waive the requirement to hold a Public Hearing as permitted by s. 464(2) of the Local Government Act; 

  AND FURTHER, that prior to final adoption of the zoning amendment bylaw, any required variance for the proposed development be evaluated by Council and approved if appropriate.

10.g

Official Community Plan Amendment and Rezoning Applications for Port Okanagan at 2525 Lakeshore Road and 7295 Okanagan Landing Road (3340-20 OCP00089/ZON00376)

• THAT Council support, in principle, the application to amend the Official Community Plan land use designation for a portion of the properties at Lot A, Plan EPP57999, Sec 30, Twp 9, DL 62, ODYD and Lot 5, Plan KAP58651, DL 62, ODYD (2525 Lakeshore Road and 7295 Okanagan Landing Road) from ‘Mixed Use - Medium Density Commercial and Residential’ to ‘Park’ and from ‘Park’ to ‘Mixed Use - Medium Density Commercial and Residential’, as shown in Attachment 5 and outlined in the report titled “Official Community Plan Amendment and Rezoning Applications for Port Okanagan at 2525 Lakeshore Road and 7295 Okanagan Landing Road” dated March 16, 2022 and respectfully submitted by the Economic Development Planner;

  AND FURTHER, that Council support presenting the proposed Official Community Plan Amendment application at a public open house in order to seek public input prior to the Public Hearing;

  AND FURTHER, that Council support, in principle, the application to rezone Lot A, Plan EPP57999, Sec 30 Twp 9, DL 62, ODYD and Lot 5, Plan KAP58651, DL 62, ODYD (2525 Lakeshore Road and 7295 Okanagan Landing Road) from ‘R5 - Four-plex Housing Residential’ and ‘C10 - Tourist Commercial’ to ‘P5 - Private Park’ and to a new Comprehensive Development Area (CD7) zone, as shown in Attachments 7 and 8, in order to develop the Port Okanagan mixed use development. 

10.h

Dementia Strategic Fund Grant Application Authorization (6460-10)

• THAT Council authorize Administration to make an application to the Dementia Strategic Fund on behalf of the Vernon Senior’s Action Network to support the creation and implementation of an Age and Dementia Friendly Community Plan, as described in the memorandum titled “Dementia Strategic Fund Grant Application Authorization” dated March 18, 2022 and respectfully submitted by the Manager, Long Range Planning and Sustainability.

10.i

eSCRIBE Implementation Update (0610-04)

• THAT Council receives, for information, the memorandum titled “eSCRIBE Implementation Update” dated march 17, 2022 and respectfully submitted by the Manager, Legislative Services.

11.

LEGISLATIVE MATTERS

11.a

Bylaws for Adoption

11.a.1

Bylaw 5890

• THAT Bylaw 5890, "Zoning Text (Fence Regulations Amendment Bylaw Number 5890, 2022", a bylaw to prohibit fences with pickets or finials extending above a horizonal rail within the City of Vernon that may pose a danger to wildlife, be adopted.

11.a.2

Bylaw 5891

• THAT Bylaw 5891, "Fees and Charges (Annual Updates) Amendment Bylaw Number 5891, 2022" - a bylaw to amend "Fees and Charges Bylaw #3909", be adopted.  

11.b

Bylaws for First, Second and Third Readings

11.b.1

Bylaw 5815

• THAT Bylaw 5815, " Council Procedure (Electronic Meetings and Participation) Amendment Bylaw Number 5815, 2022", a bylaw to amend the procedures to be followed by Council for the conduct of its business, be read a first, second and third time.

11.b.2

Bylaw 5888

• THAT Bylaw 5888, " Delegation of Authority Amendment Bylaw 5888, 2022" - a bylaw to amend "Delegation of Authority Amendment Bylaw Number 5727, 2018", be read a first, second and third time.  

11.c

First and Second Reading and Waiving of Public Hearing

11.c.1

Bylaw 5899

• THAT Bylaw 5899 “4004 31st Street Rezoning Amendment Bylaw 5899, 2022”, a bylaw to rezone the subject property from “R2 – Large Lot Residential” to “C4 – Street-Oriented Commercial”, be read a first and second time;

  AND FURTHER, that the Public Hearing for Bylaw 5899, “4004 31st Street Rezoning Amendment Bylaw 5899, 2022” be waived pursuant to Section 464(2), Local Government Act.

11.d

First and Second Reading and Public Hearing Date

11.d.1

Bylaws 5887 and 5889

• THAT Bylaw 5887 “Zoning Text (Retail Cannabis Proximity Buffer Prohibition) Amendment Bylaw 5887, 2022”, a bylaw add a proximity buffer prohibition on retail cannabis stores within the City of Vernon, be read a first and second time;

  AND FURTHER, that the Public Hearing for Bylaw 5887, together with Public Input for “City of Vernon Business Licence (Cannabis Licence Lapse Provision) Amendment Bylaw 5889, 2022”, a bylaw to establish a cannabis licence lapse provision, be scheduled for Monday, April 25, 2022 at 5:30 pm in the Council Chambers

12.

COUNCIL INFORMATION UPDATES

12.a

Mayor and Councillors Report

12.b

Notices of Motion

12.b.1

Councillor Anderson re: Sign Bylaw Amendment

• THAT Council direct Administration to amend Sign Bylaw 4489 to allow those candidates running for public office to place campaign signs on public property during the campaign period.

12.b.2

Councillor Anderson re: Municipal Permitting Powers

• THAT Council authorize the Mayor to send a letter to the Province of BC requesting that municipalities retain permitting power over construction of housing.

13.

INFORMATION ITEMS

13.a

Correspondence

1. Letter dated March 10, 2022 from Henry Braun, Mayor, City of Abbotsford re:  Support for Resolution – Recovering Municipal Costs through Build Back Better Funding. 
2. Letter dated March 14, 2022 from City of Terrace Council re:  Support for Resolution submitted to North Central Local Government Association Convention – Prolific Offenders.

13.b

Minutes from Council Committees:

1. Tourism Commission, January 19, 2022
2. Advisory Planning, March 1, 2022

14.

CLOSE OF MEETING