AGENDA
REGULAR COUNCIL MEETING

Monday, February 26, 2024

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 AT 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;
(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; 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 Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2024-FEB-05 at 2:29 p.m.

b.

Minutes

Minutes of the Special Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2024-FEB-15 at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Center, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-NOV-22 at 9:00 a.m.

b.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Center, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-NOV-29 at 9:00 a.m.

c.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Center, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-DEC-01 at 9:00 a.m.

d.

Minutes

Minutes of the Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Center, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-DEC-13 at 9:00 a.m.

e.

Minutes

Minutes of the Special Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC on Monday, 2024-JAN-22 at 7:00 p.m.

10.

CONSENT ITEMS:

a.

Governance and Priorities Committee Meeting 2024-FEB-12

[Note:  a link to the 2024-FEB-12 Governance and Priorities Committee Meeting agenda is provided for information.]

1.

School Zone Policy Update

That Council repeal the existing School Zone Signing Guidelines Policy COU-118 and adopt the new School Zone Signing Policy COU-240 as detailed in Attachment B of the report titled "School Zone Policy Update" dated 2024-FEB-12.

2.

Micromobility Update

That Council direct Staff to bring for Council's consideration an amendment to the "Traffic and Highways Regulation Bylaw 1993 No. 5000" to regulate micromobility devices.

b.

Finance and Audit Committee Meeting 2024-FEB-21

[Note:  a link to the 2024-FEB-21 Finance and Audit Committee Meeting agenda is provided for information.]

1.

Central Vancouver Island Japanese Canadian Legacies Society, Heritage and Reconciliation Grants Social Centre - Room 6

That Council approve a five-year Licence of Use Agreement (with option for three subsequent renewals) with 7 Potatoes for use of Room 6 in the Beban Social Centre, conditional upon approval of the Japanese Canadian Legacies Society grant application and subsequent renovation.

2.

Japanese Canadian Heritage Site Proposal for the Nanaimo Waterfront

That Council support a joint grant application between the City of Nanaimo and the Central Vancouver Island Japanese Canadian Heritage Society for funding up to $400,000 from the Japanese Canadian Legacies Society to create a Japanese Canadian Heritage Site along the Nanaimo waterfront.

3.

Funding for Assistive Hearing Devices

That Council approve the Assistive Hearing Devices pilot project to be funded up to $10,000 from the Parks/Facility Accessibility and Inclusivity project budget.

4.

Seventh Street Pump Station

That Council increase the budget for the Seventh Street Pump Station project in 2024 by $450,000 from $573,887 to $1,023,887 funded by $288,000 from the Sewer DCC Reserve Fund and $162,000 from the Sewer Asset Management Reserve Fund. 

5.

Heritage Façade Grant - 200 Commercial Street

That Council approve a $7,770 Heritage Façade Grant for the Halse Block building located at 200 Commercial Street to repaint the building’s exterior. 

6.

Heritage Façade Grant - 403 Fitzwilliam Street

That Council approve a $12,230 Heritage Façade Grant for the S&W Apartments building located at 403 Fitzwilliam Street to install replicated wood siding on the upper portion (parapet) of the building’s exterior facing onto Fitzwilliam Street and replace the building’s roof. 

7.

Permissive Tax Exemption Application and Other Grant Request

That Council: 

1. Award a Permissive Tax Exemption commencing with the 2025 taxation year to the Nanaimo Men’s Centre for the property that it leases at 418D Fitzwilliam Street; and 
2. Award a 2024 Cash Grant to the Nanaimo Men’s Centre to a maximum amount of $3,600 for the 2024 property taxation year for the portion of the property that it leases at 418D Fitzwilliam Street. 

8.

2023 Surplus Allocation

That Council:

1.  Approve the allocation of the 2023 operating surplus as follows:

General Fund

1. RCMP Contract Reserve                     1,700,000
2. General Financial Stability Reserve      1,200,000
3. Special Initiatives Reserve                    2,870,000
4. Property Acquisition Reserve                   500,000
5. General Capital Reserve                       2,443,706
    Total:                                                  $ 8,713,706

Sewer Fund

1. Sewer Reserve                                    419,078
2. Sewer Financial Stability Reserve       100,000
   Total:                                                 $ 519,078

 Water Fund

1. Water Reserve                                      345,639
2. Water Financial Stability Reserve           48,945 
   Total:                                                   $ 394,584

2.  Amend the 2024-2028 Financial Plan for final to increase the 2024 budget for the South End Community Centre Land project by $1,500,000.           

11.

DELEGATIONS:

12.

REPORTS:

a.

Development Variance Permit Application No. DVP460 – 900 Fifth Street (Vancouver Island University)

To be introduced by Jeremy Holm, Director, Planning & Development. 

Purpose:  To present for Council’s consideration a development variance permit application to increase the maximum allowable building height for a proposed student housing development and retaining wall at 900 Fifth Street (Vancouver Island University).  

It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP460 – 900 Fifth Street (Vancouver Island University).

Recommendation:  That Council issue Development Variance Permit No. DVP460 to allow a student housing development and retaining wall with variances, as outlined in the “Proposed Variances” section of the Staff Report titled "Development Variance Permit Application No. DVP460 – 900 Fifth Street (Vancouver Island University)" dated 2024-FEB-26.

b.

Development Permit Application No. DP1299 - 880 Hecate Street

To be introduced by Jeremy Holm, Director, Planning & Development. 

Purpose:  To present for Council’s consideration a development permit application for a multi-family development at 880 Hecate Street.

Recommendation:  That Council issue Development Permit No. DP1299 for a multi-family development at 880 Hecate Street with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1299 - 880 Hecate Street" dated 2024-FEB-26.

c.

Development Permit Application No. DP1321 – 345 Newcastle Avenue And 360 Stewart Avenue

To be introduced by Jeremy Holm, Director, Planning & Development. 

Purpose:  To present for Council’s consideration a development permit amendment application for a multi-family residential development at 345 Newcastle Avenue and 360 Stewart Avenue.  

Recommendation:  That Council issue Development Permit No. DP1321 at 345 Newcastle Avenue and 360 Stewart Avenue with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1321 – 345 Newcastle Avenue And 360 Stewart Avenue" dated 2024-FEB-26.

d.

Development Permit Application No. DP1294 – 6004 Nelson Road

To be introduced by Jeremy Holm, Director, Planning & Development. 

Purpose:  To present for Council’s consideration a development permit application for a multi-family townhouse development at 6004 Nelson Road.  

Recommendation:  That Council issue Development Permit No. DP1294 for multi-family townhouse development at 6004 Nelson Road with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1294 – 6004 Nelson Road" dated 2024-FEB-26.

e.

Electric Vehicle Supply Equipment Cost Recovery Bylaw

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

Purpose:  To seek Council direction to recover costs associated with City owned, public-facing electric vehicle charging stations.

Recommendation: 

Electric Vehicle Recharging Bylaw

1. That Council give first reading to “Electric Vehicle Recharging Bylaw 2024 No. 7365” (a bylaw to collect electric vehicle supply equipment and energy cost charges within the City of Nanaimo).
2. That Council give second reading to “Electric Vehicle Recharging Bylaw 2024 No. 7365”.
3. That Council give third reading to “Electric Vehicle Recharging Bylaw 2024 No. 7365”.

Fees and Charges Amendment Bylaw

1. That Council give first reading to “Fees and Charges Amendment Bylaw 2024 No. 7336.07” (a bylaw to add electric vehicle charging connection fees). 
2. That Council give second reading to “Fees and Charges Amendment Bylaw 2024 No. 7336.07”.
3. That Council give third reading to “Fees and Charges Amendment Bylaw 2024 No. 7336.07”.

Bylaw Notice Enforcement Amendment Bylaw 

1. That Council give first reading to “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.19” (a bylaw to assign fines associated with electric vehicle charging).
2. That Council give second reading to “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.19”.
3. That Council give third reading to “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.19”.

f.

Property Disposition - District Lot 9 Lands

To be introduced by Bill Corsan, Director, Corporate & Business Development. 

Purpose:  To obtain Council approval to dispose of City-owned property located within the Regional District of Nanaimo known as District Lot 9 to the Province of British Columbia as represented by the Ministry of Indigenous Relations and Reconciliation for the purpose of transferring the land to Snuneymuxw First Nation.

Recommendation:  That Council:

1. approve the disposition of District Lot 9 to the Province of British Columbia as represented by the Ministry of Indigenous Relations and Reconciliation for $1,455,000; and
2. direct the Mayor and Corporate Officer to execute the necessary documents to affect the transaction.

g.

421 Prideaux Street - Acceptance of Project Under Revitalization Tax Exemption Bylaw 2018 No. 7261

To be introduced by Bill Corsan, Corporate & Business Development.

Purpose:  To obtain Council approval for a multi-family development at 421 Prideaux Street to be included in the Downtown Revitalization Tax Exemption program.

Recommendation:  That Council approve the Revitalization Tax Exemption Agreement for a proposed 16-unit multi-family development at 421 Prideaux Street.

13.

BYLAWS:

a.

“Financial Plan Amendment Bylaw 2024 No. 7359.02”

That “Financial Plan Amendment Bylaw 2024 No. 7359.02” (To amend the 2023 – 2027 Financial Plan) be adopted.

14.

NOTICE OF MOTION:

a.

Councillor Manly Notice of Motion re: Harewood Plains

Councillor Manly advised that he will be bringing forward the following motions for consideration at a future Council Meeting:

"That the City of Nanaimo request that the Province of British Columbia work with the City of Nanaimo, the Regional District of Nanaimo, Snuneymuxw First Nation, Nanaimo and Area Land Trust and the Federal Government to protect the ecologically and culturally sensitive areas within the area known as the Harewood Plans including the protection of identified species at risk."

"That the City of Nanaimo request that the Federal Government work with the City of Nanaimo, the Regional District of Nanaimo, Snuneymuxw First Nation, Nanaimo and Area Land Trust and the Province of British Columbia to protect the ecologically and culturally sensitive areas within the area known as the Harewood Plans including the protection of identified species at risk."

15.

OTHER BUSINESS:

a.

Radio Malaspina Society/CHLY 101.7FM Request for Letter of Support re: Grant Application to the Community Radio Fund of Canada's Radiometres Program

16.

QUESTION PERIOD:

17.

ADJOURNMENT: