AGENDA

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, October 07, 2019
Time:	4:30 P.M. to Proceed "In Camera", Reconvene Open Meeting at 7:00 P.M.
Location:	SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE 80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS 9:00 P.M.

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1.

CALL 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:

(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;

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

Community Charter Section 90(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.

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 Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-SEP-16, at 2:30 p.m.

b.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-SEP-16, at 3:30 p.m.

6.

MAYOR'S REPORT:

a.

Environment Committee Members

The following applicants were appointed to the Environmental Committee at the "In Camera" meeting held on 2019-SEP-09:

• Elisa Justine Boulanger
• Dao-Fang (Darren) Chen
• Harvey DeRoches
• Lisa Frey
• Jerome Lesemann
• Lindsay McCunn
• Wally Wells

Councillor Brown and Councillor Geselbracht were appointed as Co-Chairs.

b.

Council UBCM Update

7.

PRESENTATIONS:

a.

Municipal Information Systems Association Award

Each year during the Municipal Showcase segment of the MISA BC fall conference, local government members present an information technology solution to their peers. This opportunity to share ideas allows all members to benefit from the collective experiences and innovations of each other. The Spirit of Innovation Award recognizes the local government member whose presentation provides the most beneficial, innovative, and valuable solution to any obstacle faced by local government.

8.

DELEGATIONS:

9.

CONSENT ITEMS:

a.

Advisory Committee Minutes

1.

Minutes of the Finance and Audit Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2019-JUL-17, at 9:00 a.m.

2.

Minutes of the Governance and Priorities Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Monday, 2019-AUG-26, at 2:00 p.m.

3.

Minutes of the Health and Housing Task Force Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2019-SEP-04, at 3:00 p.m.

b.

Committee Recommendations

1.

Finance and Audit Committee Recommendations 2019-SEP-18

[Note: A link to the 2019-SEP-18 Finance and Audit Committee Agenda is attached for information.]

1.

Central Island Emergency Services Communications Partnership Funding

That Council approve the 900Mhz link system and allocate $30,000 from the E911 Reserve.

2.

Hammond Bay Road Widening and Storm Improvements Projects

That Council approve the addition of $195,107 from the Development Cost Charge (DCC) Roads Reserve for the Hammond Bay Road Widening and Utility Improvements Project.

3.

Harewood Youth Parks

That Council direct staff to amend the 2019 – 2023 financial plan to accelerate Phase 2 of the Harewood Youth Park project to 2020 so that Phase 1 and Phase 2 can be constructed concurrently in 2020.

4.

Additional Refuse Collection Fleet

That Council approve:

1. The purchase of two used refuse collection trucks for the purposes of adding one spare unit to the fleet for maintenance reasons and putting one additional collection vehicle in service in order to reduce route sizes; and,
2. Accelerating the start date of the additional Refuse Collector from January 2020 to December 1, 2019.

5.

Consideration of New Permissive Tax Exemption Applications

That Council award a Permissive Tax Exemption for the 2020 tax year to the Canadian Mental Health Association Mid-Island for property that is being leased (lower level) at 290 Bastion Street. 

6.

One Time Bonus Gas Tax Payment

That Council use the one-time bonus Gas Tax payment to fund the Metral Drive Complete Streets Phase 2 project.

2.

Special Governance and Priorities Committee Recommendation 2019-SEP-30

[Note:  A link to the 2019-SEP-30 Special Governance and Priorities Committee Agenda is attached for information.]

1.

Amendments to "Council Procedure Bylaw 2018 No. 7272"

That Council proceed with three readings and adoption of "Council Procedure Amendment Bylaw 2019 No. 7272.01" as presented.

10.

REPORTS:

a.

Property Tax Exemption Bylaw for 2020 Property Taxes

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Property Tax Exemption Bylaw 2019 No. 7293”, for first, second and third readings.

Recommendation:

1. That “Property Tax Exemption Bylaw 2019 No. 7293” (To provide exemptions from 2019 property taxes) pass first reading; 
2. That “Property Tax Exemption Bylaw 2019 No. 7293” pass second reading; and,
3.  That “Property Tax Exemption Bylaw 2019 No. 7293” pass third reading.

b.

Proposed Amendments to "Council Procedure Bylaw 2018 No. 7272"

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose:  To obtain Council approval to proceed with three readings and adoption of “Council Procedure Bylaw 2019 No. 7272.01”.

Recommendation:  That:

1. “Council Procedure Amendment Bylaw 2019 No. 7272.01” (To remove references to the Committee of the Whole and include amendments related to delegations, task forces and other administrative matters) pass first reading;
2. “Council Procedure Amendment Bylaw 2019 No. 7272.01” pass second reading;
3. “Council Procedure Amendment Bylaw 2019 No. 7272.01” pass third reading.

c.

Rezoning Application No. RA402 - 4961 Songbird Place

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

Purpose: To present Council with an application to rezone the subject property at 4961 Songbird Place from Single Dwelling Residential (R1) to Residential Corridor (COR1) to allow a proposed multi-family development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2019 No. 4500.156” (To rezone 4961 Songbird Place from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass first reading;
2. “Zoning Amendment Bylaw 2019 No. 4500.156” pass second reading; and
3. Council direct Staff to secure the community contribution, including off-site road improvements and active transportation improvements prior to adoption of the bylaw, should Council support the bylaw at third reading.

d.

Development Variance Permit No. DVP394 - 4680 Bates Road 

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

Purpose:  To present for Council’s consideration, a development variance permit application to allow an over-height accessory building at 4680 Bates Road.

It is requested that Council hear anyone wishing to speak regarding Development Variance Permit No. DVP394 - 4680 Bates Road.

Recommendation:  That Council issue Development Variance Permit No. DVP394 at 4680 Bates Road with the following variance:

• increase the maximum accessory building height for a roof pitch less than 6:12 from 4.5m to 4.6m.

e.

General Amendments to the Zoning Bylaw

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

Purpose: To amend “City of Nanaimo Zoning Bylaw 2011 No. 4500” with general text and mapping amendments.

Recommendation: That:

1. “Zoning Amendment Bylaw 2019 No. 4500.158” (To make general text and mapping amendments to “City of Nanaimo Zoning Bylaw 2011 No. 4500”) pass first reading; and
2. “Zoning Amendment Bylaw 2019 No. 4500.158” pass second reading.

f.

Economic Development Task Force - Terms of Reference

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

Purpose:  To provide Council with the Terms of Reference for the proposed Economic Development Task Force.

Recommendation: That Council adopt the Terms of Reference for the Economic Development Task Force as outlined in the report titled “Economic Development Task Force – Terms of Reference” dated 2019-OCT-07.

g.

580 Fitzwilliam Street - Future Use of Property

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

Purpose:  To provide Council with background information on a City-owned property at 580 Fitzwilliam Street and a recommendation on its future use.

Recommendation:  That Council defer any decision with respect to the future use of 580 Fitzwilliam Street until completion of the Parks, Recreation and Culture Master Plan and a full assessment of the RCMP/City needs in the precinct area is undertaken. 

h.

Proposed Road Closure - Lubbock Square adjacent to 618 Fitzwilliam Street and 285 Prideaux Street

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

Purpose:  To obtain Council approval for the road closure of Lubbock Square as part of a consolidation with City-owned property at 618 and 666 Fitzwilliam Street and 285 Prideaux Street.

Recommendation:  That:

1. Council approve the closure of Lubbock Square for consolidation with City-owned property at 618 and 666 Fitzwilliam Street and 285 Prideaux Street;
2. “Highway Closure and Dedication Removal Bylaw 2019 No. 7292” (To provide highway closure and dedication removal of Lubbock Square adjacent to 618 Fitzwilliam Street and 285 Prideaux Street) pass first reading;
3. “Highway Closure and Dedication Removal Bylaw 2019 No. 7292” pass second reading; and
4. Council direct Staff to proceed with public notice for the closure of Lubbock Square.

i.

Community Heritage Register Update

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

Purpose:  To present Council with an updated Community Heritage Register, including the addition of two buildings, removal of three buildings, and a number of minor text and photo edits.

Recommendation:  That Council adopt the amended Community Heritage Register, which includes the following building additions:

• Lewis Residence (130 Howard Avenue)
• Ivers/Honey Residence (911 Wentworth Street)

and the following deletions:

• Jean Burns Building (6 Commercial Street)
• Nanaimo Hospital/Malaspina Lodge (388 Machleary Street)
• Grieve Residence (711 Wentworth Street)

11.

BYLAWS:

a.

"Zoning Amendment Bylaw 2019 No. 4500.134"

That “Zoning Amendment Bylaw 2019 No. 4500.134” (To rezone 1534 Extension Road from Single Dwelling Residential [R1] to Townhouse Residential [R6] with site-specific provisions to increase the maximum permitted floor area ratio) pass third reading.

b.

"Zoning Amendment Bylaw 2019 No. 4500.136"

That "Zoning Amendment Bylaw 2019 No. 4500.136" (To rezone 2397 Barclay Road from Single Dwelling Residential [R1] to Single Dwelling Residential - Small Lot [R2]) be adopted.

c.

"Zoning Amendment Bylaw 2019 No. 4500.137"

That "Zoning Amendment Bylaw 2019 No. 4500.137" (To rezone 2387 Barclay Road from Single Dwelling Residential [R1] to Single Dwelling Residential - Small Lot [R2]) be adopted.

d.

"Zoning Amendment Bylaw 2019 No. 4500.147"

That "Zoning Amendment Bylaw 2019 No. 4500.147" (To rezone 1300 Junction Avenue from Single Dwelling Residential [R1] to Mixed Use Corridor [COR 2]) be adopted.

e.

“Zoning Amendment Bylaw 2019 No. 4500.155”

That “Zoning Amendment Bylaw 2019 No. 4500.155” (To rezone 50 Tenth Street to allow “Cannabis Retail Store” as a site-specific use in the City Commercial Centre [CC3] zone) pass third reading.

f.

“Zoning Amendment Bylaw 2019 No. 4500.157”

That “Zoning Amendment Bylaw 2019 No. 4500.157” (To rezone 2379 Browns Lane from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass third reading.

g.

"Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.07"

That "Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.07" (To update Building Bylaw penalty fees in Schedule A - Designated Bylaw Contraventions and Penalties) be adopted.

h.

“Building Bylaw Amendment Bylaw 2019 No. 7224.02"

That “Building Bylaw Amendment Bylaw 2019 No. 7224.02" (To introduce BC Energy Step Code regulations, amend demolition permit expiration, amend works and services) be adopted.

i.

"Highway Closure and Dedication Removal Bylaw 2019 No. 7289"

That "Highway Closure and Dedication Removal Bylaw 2019 No. 7289" (To provide for highway closure and dedication removal of an unnamed road adjacent to 3500 Rock City Road) pass third reading.

j.

"Highway Closure and Dedication Removal Bylaw 2019 No. 7290"

That "Highway Closure and Dedication Removal Bylaw 2019 No. 7290" (To provide highway closure and dedication removal of a portion of Fifth Street adjacent to 900 Fifth Street) pass third reading.

k.

"Accommodation Tax Request Bylaw 2019 No. 7294"

That "Accommodation Tax Request Bylaw 2019 No. 7294" (To increase the Municipal and Regional District Tax [MRDT] rate from two percent to three percent) be adopted.

l.

Bylaw Status Sheet (for information)

12.

CORRESPONDENCE:

a.

Correspondence, dated 2019-SEP-20, from Richard Stewart, Mayor, City of Coquitlam, requesting support re: Ride-Hailing letter to BC Minister of Transportation

To be introduced by Mayor Krog.

During the 2019-SEP-30 Special Governance and Priorities Committee Meeting the following motion was deferred to the next scheduled Council meeting for further consideration:

"It was moved and seconded that the Governance and Priorities Committee recommend that Council support the taxi industry’s request to provide a level playing field with all transportation providers."

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

15.

QUESTION PERIOD:

16.

ADJOURNMENT: