THE CORPORATION OF THE CITY OF VERNON

AGENDA

Regular Open Meeting of Council

Tuesday, May 23, 2023 at 1:30 P.m. - 4:30 P.m.

CITY HALL COUNCIL CHAMBER

3400 30 Street

Vernon B.C.

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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

• THAT Council move to the Committee of the Whole meeting.

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 (1) of the Community Charter as follows:

  (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

  (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.

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 May 23, 2023 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 May 8, 2023 be adopted;

  AND FURTHER, that the minutes of the Committee of the Whole Meeting of Council held May 8, 2023 be received.

4.

BUSINESS ARISING FROM THE MINUTES

5.

GENERAL MATTERS

5.a

Development Variance Permit (DVP00468) - 4701 Pleasant Valley Road

• THAT Council support Development Variance Permit application 00468 (DVP00468) as outlined in the report titled “Development Variance Permit Application for 4701 Pleasant Valley Road” dated May 9, 2023 and respectfully submitted by the Current Planner, to vary Zoning Bylaw 5000 on LT 1, SEC 2, TWP 8, ODYD, PL KAP83899 Except PL KAP88964 (4701 Pleasant Valley Road), as follows:

  1. Section 4.15.1 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 4.5m;
  3. Section 9.8.6 to reduce the minimum depth of a mobile home site from 25m to 18.2m; and
  4. Section 9.8.6 to increase the maximum building height from 7.6m to 8.0m;

  AND FURTHER, that Council’s support of DVP00468 is subject to the following:

  1. That the site plan, grading and cross-sections, slope analysis and retaining wall plans intended to illustrate the proposed mobile home sites, drive access and retaining wall heights (Attachment 1), be attached to and form part of DVP00468 as Schedule ‘A’;
  2. That the Geotechnical Feasibility Memorandum prepared by Geopacific Consultants Ltd, dated September 1, 2022 (Attachment 2), be attached to and form part of DVP00468 as Schedule ‘B’;
  3. That a restrictive covenant be registered on the subject property protecting the environmental conservation areas identified in the Ecosystem Impact Assessment (EIA) prepared by Western Water Associates Ltd, dated September 26, 2019 (Attachment 3), and include the EIA to ensure compliance with the recommendations established during and post construction;
  4. That a qualified geotechnical engineer be retained to complete a detailed geotechnical report, as well as to monitor the development of the subject property through the construction phase to ensure compliance with recommendations provided in the detailed geotechnical report;
  5. That a restrictive covenant be registered on the subject property prohibiting parking on the proposed internal access road to ensure unrestricted access for emergency services vehicles; and
  6. That issuance of DVP00468 be withheld until a Development Permit for the subject property is approved and ready to be issued.

5.a.1

Public Input - DVP00468

Public Input of Development Variance Permit DVP00468 for Lot 1, Section 2, Township 8, ODYD, Plan KAP83899 Except Plan KAP88964 (4701 Pleasant Valley Road).

• Email dated May 4, 2023 from C. Edmond

5.a.2

Permit Issuance - DVP00468

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00468 for Lot 1, Section 2, Township 8, ODYD, Plan KAP83899 Except Plan KAP88964 (4701 Pleasant Valley Road), to vary sections of Zoning Bylaw 5000 to permit construction of 12 mobile home sites, once all conditions of Council are satisfied.

5.b

Development Variance Permit (DVP00600) - 3201 45th Avenue (3090-20)

• THAT Council support Development Variance Permit application 00600 (DVP00600) to vary Zoning Bylaw 5000 on LT 26, DL 38, ODYD, PL 2630 (3201 45th Avenue) as outlined in the report titled “Development Variance Permit Application for 3201 45th Avenue” dated May 9, 2023, and respectfully submitted by the Current Planner, as follows:

  1. Section 11.1.5 to reduce the rear yard setback from a flanking street from 6.0m to 0.0m;

  AND FURTHER, that Council’s support of DVP00600 is subject to the following:

  1. That the site plan, intended to illustrate the location of the proposed structure (Attachment 1), be attached to and form part of DVP00600 as Schedule ‘A’; and
  2. Completion of SUB00845 (boundary adjustment) to create proposed Lot A (Attachment 2).

5.b.1

Public Input - DVP00600

Public Input for Development Variance Permit DVP00600 for Lot 26, Plan 2630, DL 38, ODYD (3201 45th Ave).

5.b.2

Permit Issuance - DVP00600

• THAT the Corporate Officer be authorized to issue Development Variance Permit DVP00600 for Lot 26,Plan 2630, DL 38, ODYD (3201 45th Avenue), to one provision of Zoning Bylaw 5000 to permit construction of an industrial business park located at 3201 45th Avenue, once all conditions of Council are satisfied.

6.

COUNCIL INQUIRIES

7.

ADMINISTRATION UPDATES

• THAT Council receive the Administration Updates dated May 23, 2023 for information.

8.

UNFINISHED BUSINESS

8.a

Review of Bylaw #5399, Section 9, Exemptions for the Discharge of a Longbow or a Crossbow Within the City of Vernon (4000-02)

• THAT Council receive the memorandum titled “Review of Bylaw #5399, Section 9, Exemptions for Discharge of Longbow or Crossbow Within the City of Vernon” dated May 23, 2023 respectfully submitted by the Manager, Protective Services for information.

8.b

Amended Flag Policy (0110-40)

• THAT Council receive the memorandum titled "Amended Flag Policy" dated May 11, 2023 and respectfully submitted by the Manager, Legislative Services;

  AND FURTHER, that Council direct adopt the amended Flag Policy, as presented at the May 23, 2023 Regular Council meeting. 

8.c

Council Code of Responsible Conduct - Amendments (0530-13)

• THAT Council receive for information the memorandum titled “Council Code of Conduct Policy - Amendments” dated April 17, 2023 and respectfully submitted by Manager, Legislative Services;

  AND FURTHER, that Council adopt the amended Council Code of Responsible Conduct Policy, as presented at the May 8, 2023 Regular meeting. 

8.d

Reconsideration of ZON000396 Resort Villages at Predator Ridge

Councillor Durning will introduce a reconsideration motion of the resolution passed at the May 8, 2023 Regular meeting in regards to ZON00396, Resort Villages at Predator Ridge.

9.

MATTERS REFERRED

10.

NEW BUSINESS

10.a

Marshall Field - Proposed Fencing (6140-20)

• THAT Council receive the memorandum titled “Marshall Field – Proposed Fencing” dated May 10, 2023, respectfully submitted by the Manger, Parks and Public Spaces;

  AND FURTHER, that Council authorize Administration to install a fence at Marshall Field, as identified in the memorandum titled “Marshall Field – Proposed Fencing” dated May 10, 2023, at a cost not to exceed $45,000 to be funded $10,000 donated from Vernon Minor Baseball and $35,000 from 2022 Unexpended Uncommitted Balance.

10.b

Funtastic - Request for Additional Support (6140-20)

• THAT Council receive for information the memorandum titled "Funtastic - Request for Additional Support" dated May 11, 2023, respectfully submitted by the Manager, Parks and Public Spaces;

  AND FURTHER, that Council advises Funtastic that the City of Vernon currently provides $13,000 in resources for the event which includes pre-event site clean up, barricades, parking lot grading/dust control and permanent staffing of the washrooms for the duration of the event. 

10.c

32nd Avenue (Pleasant Valley Rd to 20th Street) Funding (5410-10)

• THAT Council receive the memorandum titled "32nd Avenue (Pleasant Valley Road to 20th Street) Funding, dated May 11, 2023, and respectfully submitted by the Senior Project Manager, Infrastructure; 

  AND FURTHER, that Council authorize an increase in the amount of $524,388 for the 32nd Avenue (Pleasant Valley Road to 20th Street) project budget, funded by $362,456 from the Infrastructure Reserve and $161,932 from the Sanitary General Reserve. 

10.d

Deer Park - Funding (6140-20)

• THAT Council receive the report titled "Deer Park - Funding" dated May 11, 2023, and respectfully submitted by the Senior Project Manager, Infrastructure;

  AND FURTHER, that Council authorize increasing the 2019 project budget for Deer Park (Canadian Lakeview Estates) located at 9192 Tronson Road, by $160,681 to facilitate the construction of Option 2 (site improvements, one court and playground equipment), funded by the Infrastructure Reserve, as detailed in the report titled "Deer Park - Funding".

10.e

Rezoning Application for 7616 Okanagan Landing Road (3360-20)

• THAT Council support rezoning application 00377 (ZON00377) to rezone Lot 1, Block Plan EPP123530, Sec 19, Twp 9, ODYD from R5: Four-plex Housing Residential to RH1: Low-Rise Apartment Residential as outlined in the report titled “Rezoning Application for 7616 Okanagan Landing Road” dated May 10, 2023 and respectfully submitted by the Current Planner; 

  AND FURTHER, that Council’s support of ZON00377 be subject to the following:

  1. that the owner provides a public Statutory Right of Way along the east side of the property to be utilized as a public walkway connecting Okanagan Landing Road to Klinger Road; and
  2. that prior to final adoption of the zoning amendment bylaw, the Development Permit be ready for issuance and that any required variance for the proposed development be evaluated by Council and approved if appropriate; 

  AND FURTHER, that Council not hold a public hearing, pursuant to 464(2) of the Local Government Act, on a proposed bylaw to rezone Lot 1, Block Plan EPP123530, Sec 19, Twp 9, ODYD (7616 Okanagan Landing Road) from R5: Four-plex Housing Residential to RH1: Low-Rise Apartment Residential;

  AND FURTHER, that Council direct Administration to issue a public notice of initial readings and prepare a proposed bylaw to be brought forward for Council’s consideration at the Regular Meeting of June 26, 2023 to rezone Lot 1, Block Plan EPP123530, Sec 19, Twp 9, ODYD (7616 Okanagan Landing Road) from R5: Four-plex Housing Residential to RH1: Low-Rise Apartment Residential.

10.f

Heritage Restoration Grant Application for 2500 26th Street (3087-20)

• THAT Council approve a Heritage Restoration Grant (HGS00009) of $5,000.00 for structural repairs and exterior painting of the single detached dwelling located at 2500 26th Street to be undertaken in 2023 as per the Heritage Restoration Grant Program.

10.g

2022 Statement of Financial Information (SOFI)(1880-03)

• THAT Council approve the 2022 Statement of Financial Information, as provided in the memorandum and attachments dated May 12, 2023, and respectfully submitted by the Director, Financial Services.

10.h

2023 UBCM Resolution Submission (7130-01)

• THAT Council receive the memorandum titled “2023 UBCM Resolution Submission” dated May 15, 2023 and respectfully submitted by Senior Executive Assistant to Mayor and CAO;

  AND FURTHER, that Council direct Administration to forward the resolution and relevant background material (Attachment 2) to UBCM for consideration at the 2023 UBCM Convention as follows: 

  “WHEREAS the provision of funding from the Province to shelter providers through the local government for the provision of temporary, just-in-time warming shelter(s) during cold weather creates ineffective bureaucracy, places unreasonable pressure on municipal resources and creates unnecessary financial and other liabilities for local governments;

  AND WHEREAS the Province has responsibility and existing funding mechanisms through BC Housing to provide reliable and stable funding to shelter providers for this purpose;

  THEREFORE BE IT RESOLVED that UBCM contact the Ministry of Emergency Management and Climate Readiness and the Ministry of Municipal Affairs to advise of the challenges with the approach and to recommend that funding for the additional shelters be administered through the currently established Provincial funding mechanisms to social sector agencies, such as BC Housing.”  

11.

LEGISLATIVE MATTERS

11.a

Bylaws for Adoption

11.a.1

Bylaw 5907

• THAT Bylaw 5907, "8730 Okanagan Landing Road Rezoning Amendment Bylaw 5907, 2022", a bylaw to rezone the subject property from "A2 - Rural Large Holdings to R6 - Lakeshore Residential", be adopted. 

11.a.2

Bylaw 5959

• THAT Bylaw 5959, "Fees and Charges (Solid Waste Collection and Recycling) Amendment Bylaw 5959, 2023", a bylaw to amend Fees and Charges Bylaw Number 3909, be adopted. 

11.b

Bylaws for First, Second and Third Readings

11.b.1

Bylaw 5911

• THAT Bylaw 5911, "Solid Waste Management Bylaw 5911, 2023", a bylaw to establish and provide for the operation of a service comprising the collection, removal, storage and disposal of solid waste, and to regulate, prohibit and impose requirements in relation to the service, be read a first, second and third time. 

11.b.2

Bylaw 5944

• THAT Bylaw 5944, "Bylaw Notice Enforcement (Solid Waste Management) Amendment Bylaw 5944, 2023", a bylaw to amend "Bylaw Notice Enforcement Bylaw Number 5250, 2011", be read a first, second and third time. 

11.b.3

Bylaw 5945

• THAT Bylaw 5945, "Municipal Ticketing Information (Solid Waste Management) Amendment Bylaw 5945, 2023", a bylaw to amend "Municipal Ticketing Information Bylaw Number 5300, 2011", be read a first, second and third time. 

11.c

Bylaws for First and Second Readings and Set Public Hearing Date

11.c.1

Bylaw 5961

• THAT Bylaw 5961, "Resort Villages at Predator Ridge Rezoning Amendment Bylaw Number 5961, 2023", a bylaw to rezone subject properties from "RTCA - Resort Commercial and Residential" to "C10A - Tourist Commercial and Residential" and "P5 - Private Park", be read a first and second time;

  AND FURTHER, that the Public Hearing for Bylaw 5961 be scheduled for Monday, June 26, 2023, at 5:30 pm, in Council Chambers.

12.

COUNCIL INFORMATION UPDATES

12.a

Mayor and Councillors Reports

12.b

Notice(s) of Motion

12.b.1

Mayor Cumming - Visitor Parking

• THAT Council direct Administration to immediately bring back recommendations on increasing visitor parking for new multi-family projects in situations where there is NO on street parking available within ½ block. Examples are:

  • 25th Ave. between 30th Street and Okanagan Ave.,
  • 27th Street between Highway 6 and Highway 97,
  • Alexis Park Drive between 43rd Ave. and 30th Ave.,
  • 39th Ave. from Alexis Park Dr. to 26th Street.

13.

INFORMATION ITEMS

13.a

Correspondence

1. Letter dated May 3, 2023 from Minister of Municipal Affairs, Anne Kang re: Letter of thanks. 
2. Letter dated May 9, 2023 from the District of Coldstream re: Homes for People Action Plan

13.b

Minutes from Council Committees

• Affordable Housing Advisory Committee, September 9, 2022
• Climate Action Advisory Committee, February 22, 2023
• Advisory Planning Committee, April 25, 2023

14.

CLOSE OF MEETING