AGENDA
REGULAR COUNCIL MEETING

Monday, September 25, 2023

4:30 p.m. To Proceed In Camera, Reconvene Regular Council Meeting 7:00 p.m.

SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE

80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS 9:00 P.M.

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1.

CALL THE MEETING TO ORDER:

2.

PROCEDURAL MOTION:

That the meeting be closed to the public in order to deal with agenda items under the Community Charter:

Section 90(1) A part of the Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(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;

(c) labour relations or other employee relations;

(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; and,

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2).

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Special Council Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2023-JUL-20 at 1:00 p.m.

b.

Minutes

Minutes of the Special Council Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2023-AUG-16 at 3:03 p.m.

c.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, on 2023-AUG-28, at 5:00 p.m.

d.

Minutes

Minutes of the Special Council Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Tuesday, 2023-AUG-29 at 1:05 p.m.

e.

Minutes

Minutes of the Special Council Meeting held in the Douglas Rispin Room, Vancouver Island Conference Centre, Nanaimo, BC, on Thursday, 2023-SEP-07 at 8:30 a.m.

f.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, on 2023-SEP-11 at 4:30 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

8.

PRESENTATIONS:

a.

Dave Witty to provide a PowerPoint presentation re:  Diana Krall Plaza (DKP)

9.

COMMITTEE MINUTES:

10.

CONSENT ITEMS:

a.

Finance and Audit Committee Meeting 2023-SEP-13

[Note:  A link to the 2023-SEP-13 Finance and Audit Committee Meeting agenda is attached for information.]

1.

Nanaimo Youth Resilience Grants 2023

That Council approve a total of $1,611,149 of Public Safety Canada’s Building Safer Communities Funds to be distributed between 2023-OCT-01 and 2026-MAR-31 as follows:

1. Big Brothers Big Sisters - $80,000
   Project: Mindful Mentoring – Nurturing Resilience in Youth
2. BGC Central Vancouver Island - $177,386
   Project: Nanaimo South Youth Hub
3. Central Vancouver Island Multicultural Society - $177,386
   Project: Connections
4. City of Nanaimo - $201,425
   Project: Parks, Recreation & Culture Youth Initiatives
5. Nanaimo Foodshare - $84,952
   Project: Food for Youth
6. Nanaimo Hornets Rugby Club - $90,000
   Project: RugbyWorks
7. School District 68 - $500,000
   Project: Uy’ Sqwalawun (Good Heart & Mind)
8. Snuneymuxw First Nation - $300,000
   
   Project: Space for Youth Resiliency & Snawaylth

2.

Consideration of Other Grants

That Council:

1. Deny an “Other Grant” in the amount of $5,000 to support the hosting of the 15U AA Provincials baseball tournament held in Nanaimo.
2. Deny an in-kind facility rental “Other Grant” with an estimated value of $6,650 to the Nanaimo Foodshare Society.

3.

Consideration of New Permissive Tax Exemption Applications

That Council:

1. Award a Permissive Tax Exemption commencing with the 2024 taxation year to the Canadian Mental Health Association Mid-Island Branch for the property it owns at 250 Albert Street.
2. Award a Permissive Tax Exemption commencing with the 2024 taxation year to Ballenas Housing Society for the unit it leases at 3-1200 Princess Royal Avenue.

4.

Permissive Tax Exemption Applications Related to Housing

That Council:

• Deny a Permissive Tax Exemption for the 2024 taxation year to the Ballenas Housing Society for the property that it owns at 6010 Hammond Bay Road.
• Deny a Permissive Tax Exemption for the 2024 taxation year to Habitat for Humanity for the property that it owns at 6-2360 Extension Road.
• Deny a Permissive Tax Exemption for the 2024 taxation year to ‘Turn the Paige Recovery House’ for the property that it operates out of at 3059 Glen Eagle Crescent.
• Deny a Permissive Tax Exemption for the 2024 taxation year to Island Urban Indigenous Wellness Society for the property that it owns at 1406 Bowen Road.
• Direct Staff to review permissive tax exemption options related to housing and bring forward recommendations to Council, which may include a proposed update to the existing ‘Grants Policy and Guidelines’ document, or other policy recommendations.   

5.

BC Active Transportation Infrastructure Grant

That Council direct staff to submit two applications under the Active Transportation Infrastructure Grant Program as follows:

• Submit an application for the Beban Labieux Trail, and confirm electoral approval for the local share of $2,250,000 is being sought and is supported, the project is a municipal priority, and the project is "shovel ready” and intended to be complete within the required timeline.
• Submit an application for the Departure Bay Road South Sidewalk project, and confirm the local share of $182,500 is available and supported, the project is a municipal priority, and the project is “shovel ready” and intended to be complete within the required timeline.

6.

2023 Fleet Replacement Plan

That Council increase the 2023 Fleet Replacement Plan budget by $623,100 funded from the Equipment Depreciation Reserve Fund.

7.

Nanaimo Area Land Trust Funding

That Council:

1. Deny the request for a $5,000 increase in funding for 2023;
2. Add a decision slide for Council’s consideration during the 2024-2028 Financial Plan deliberations; and
3. Effective 2024-JAN-01, apply up to a maximum of a five-year term on any operating funding agreement and require annual reporting to Council as part of the Financial Plan presentations.

8.

Rotary Bowl Improvement Project

That Council approve adding a Rotary Bowl Improvement project for $256,900 to 2023 of the 2023 - 2027 Financial Plan funded by $169,300 in Payments in Lieu of Taxes (PILTs) and $87,600 from the General Asset Management Reserve Fund.

b.

Special Mayor's Leaders' Table Meeting 2023-SEP-14

[Note:  a link to the 2023-SEP-14 Special Mayor's Leaders' Table Meeting agenda is attached for information.]

1.

Health and Housing Information Package

That Council direct Staff to prepare an information package that outlines steps the City has taken to provide a coordinated approach to health and housing, and identifies opportunities for further advocacy and collaboration with the Province of BC and Government of Canada, to support a “Housing First Plus” model.  

11.

DELEGATIONS:

a.

Anne Martin, Board Director, Take a Hike Foundation re:  Impacts of the City's 2022/23 Grant in Aid

b.

Women's Poverty Response Circle re:  A group introduction and call for further engagement with City Council and other decision makers regarding housing.

12.

REPORTS:

a.

Property Tax Exemption Bylaw for 2024 Property Taxes

To be introduced by Laura Mercer, Director, Finance. 

Purpose:  To introduce “Property Tax Exemption Bylaw, 2023 No. 7368” (a bylaw to exempt certain land and buildings from taxation) for first, second, and third readings.

Recommendation:

1. That the “Property Tax Exemption Bylaw, 2023 No. 7368” (a bylaw to exempt certain land and buildings from taxation) pass first reading; and
2. That the “Property Tax Exemption Bylaw, 2023 No. 7368” pass second reading; and
3. That the “Property Tax Exemption Bylaw, 2023 No. 7368” pass third reading. 

b.

Winter Maintenance Policy

To be introduced by Bill Sims, General Manager, Engineering and Public Works.

Purpose:  To introduce a new Winter Maintenance Policy (one of three core policies to form part of a unified approach to asset maintenance). 

Presentation:

1. David Thompson, Manager, Roads & Traffic Services, and Charlotte Davis, Manager, Parks Operations.

Recommendation:  That Council endorse the Winter Maintenance Council Policy COU-220 as attached to the September 25, 2023 report titled "Winter Maintenance Policy".

c.

Pothole Maintenance Policy 

To be introduced by Bill Sims, General Manager, Engineering and Public Works.

Purpose:  To introduce a new Pothole Maintenance Policy (one of three core policies to form part of a unified approach to asset maintenance). 

Recommendation:   That Council endorse the Pothole Maintenance Council Policy COU-218 as attached to the September 25, 2023 report titled "Pothole Maintenance Policy".

d.

Sidewalk Maintenance Policy

To be introduced by Bill Sims, General Manager, Engineering and Public Works.

Purpose:  To introduce a new Sidewalk Maintenance Policy (one of three core policies to form part of a unified approach to asset maintenance). 

Recommendation:  That Council endorse the Sidewalk Maintenance Council Policy COU-219 as attached to the September 25, 2023 report titled "Sidewalk Maintenance Policy" and direct the CAO to repeal the Sidewalk Inspection Administration Policy.

e.

Community Environmental Sustainability Project Grant

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.

Purpose:  To provide for Council’s consideration the Guidelines and Criteria for a Community Environmental Sustainability Project Grant.

Recommendation:  That Council endorse the Community Environmental Sustainability Project Grant Guidelines and Criteria as outlined in Attachment A of the Staff Report titled "Community Environmental Sustainability Project Grant" dated 2023-SEP-25.

f.

Development Permit Application No. DP1279 - 2595 Bowen Road

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.

Purpose:  To present for Council’s consideration a development permit application for an automobile sales, service, and rental development at 2595 Bowen Road.

Recommendation:  That Council issue Development Permit No. DP1279 for an automobile sales, service and rental development at 2595 Bowen Road with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1279 - 2595 Bowen Road" dated 2023-SEP-25.

g.

Development Permit Application No. DP1312 - 1619 Townsite Road

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.

Purpose:   To present for Council’s consideration a development permit application with variances to legalize the siting of an existing non-conforming building at 1619 Townsite Road.

Recommendation:  That Council issue Development Permit No. DP1279 for an existing building at 1619 Townsite Road with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1312 - 1619 Townsite Road" dated 2023-SEP-25.

h.

Development Permit Application No. DP1287 - 1880 Dufferin Crescent

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.

Purpose:  To present for Council’s consideration a development permit application for a proposed contractor office building at 1880 Dufferin Crescent.  

Recommendation:  That Council issue Development Permit No. DP1287 for a contractor office building at 1880 Dufferin Crescent with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1287 - 1880 Dufferin Crescent" dated 2023-SEP-25.

i.

Development Permit Application No. DP1308 - 855 Douglas Avenue

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.

Purpose:  To present for Council’s consideration a development permit application to vary the watercourse leave strip for a proposed detached secondary suite at 855 Douglas Avenue. 

Recommendation:  That Council issue Development Permit No. DP1308 for a proposed detached secondary suite within the watercourse leave strip at 855 Douglas Avenue with a variance as outlined in the “Proposed Variance” section of the Staff Report titled "Development Permit Application No. DP1308 - 855 Douglas Avenue" dated 2023-SEP-25.

j.

Building Bylaw Amendments - Implementation of BC Zero Carbon Step Code and Update to BC Energy Step Code

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.

Purpose:  To introduce amendments to “Building Bylaw 2016 No. 7224: for Council’s consideration to update BC Energy Step Code requirements and implement the BC Zero Carbon Step Code.

Recommendation:  That:

1. “Building Amendment Bylaw 2023 No. 7224.05” (to introduce Zero Carbon Step Code and revise BC Energy Step Code regulations) pass first reading;
2. “Building Amendment Bylaw 2023 No. 7224.05” pass second reading;
3. “Building Amendment Bylaw 2023 No. 7224.05” pass third reading.

13.

BYLAWS:

a.

"Zoning Amendment Bylaw 2022 No. 4500.204"

That "Zoning Amendment Bylaw 2022 No. 4500.204” (to rezone 444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue from Medium Density Residential [R8] and Gateway [DT12] to Comprehensive Development District Zone Seven [CD7] and to amend the CD7 zone with new zoning regulations, to facilitate a mixed-use development and subdivision) be adopted.

b.

"Land Use Contract Discharge Bylaw 2022 No. 7355"

That “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Councillor Armstrong Motion re:  Urban Agriculture

At the 2023-SEP-11 Regular Council Meeting, Councillor Armstrong advised that she would be bringing forward the following  motion for consideration:

"That Council direct Staff to complete a review of  the provisions of the Animal Control Bylaw and the Zoning Bylaw that regulate the keeping of poultry on large residential properties and provide options to further support the City’s goals of food security."

16.

QUESTION PERIOD:

17.

ADJOURNMENT: