AGENDA
REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, February 03, 2020
Time:	4:00 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:

(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;

(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 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;

(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;

(g) litigation or potential litigation affecting the municipality;

(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the Council or a delegate of Council;

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(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;

(l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under Section 98 [annual municipal report];

(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 (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2020-JAN-09, at 7:00 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-JAN-13, at 5:30 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

a.

Nanaimo Art Gallery Update

Julie Bevan, Executive Director, Debra Jacklin, Board President, and Ken Hammer, Vice President, to provide Council with a verbal update regarding the Nanaimo Art Gallery.

8.

CONSENT ITEMS:

a.

Committee Minutes

1.

Minutes of the Environment Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2019-NOV-20, at 5:00 p.m.

2.

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-NOV-25 at 1:00 p.m.

3.

Minutes of the Health and Housing Task Force Meeting held in the HR Training Room, City Hall, 455 Wallace Street, Nanaimo, BC, on Wednesday, 2019-NOV-27, at 3:00 p.m.

4.

Minutes of the Open Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2019-NOV-28, at 5:00 p.m.

5.

Minutes of the Governance and Priorities Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Monday, 2019-DEC-09 at 11:00 a.m.

9.

DELEGATIONS:

a.

Laurie Bienert, Executive Director, and Daniel Martinez, Board Vice Chair, Nanaimo Foundation, re:  Nanaimo Vital Signs Report

Laurie Bienert, Executive Director, and Daniel Martinez, Board Vice Chair, Nanaimo Foundation, to provide Council with a presentation regarding Nanaimo's Vital Signs Report.

10.

REPORTS:

a.

Association of Vancouver Island and Coastal Communities Resolution - Whistleblower Legislation

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

Purpose:  To obtain Council direction regarding a resolution for submission to the Association of Vancouver Island and Coastal Communities Convention.

Recommendation:  That Council direct Staff to submit the following resolution to the Association of Vancouver Island and Coastal Communities for consideration at their 2020 Annual General Meeting:

WHEREAS Whistleblower legislation has become statute for provincial government employees;

AND WHEREAS Local Government does not have an independent third party to receive whistleblower complaints or concerns;

THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities create an independent third party to handle complaints and concerns of local government employees and officials or lobby the Provincial Government to expand their program to include Local Government. 

b.

Association of Vancouver Island and Coastal Communities Resolution - Solid Waste

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

Purpose:  To obtain Council direction regarding a resolution for submission to the Association of Vancouver Island and Coastal Communities Convention.

Recommendation:  That Council direct Staff to submit the following resolution to the Association of Vancouver Island and Coastal Communities for consideration at their 2020 Annual General Meeting:

WHEREAS the Association of Vancouver Island and Coastal Communities has created a Special Committee for Solid Waste;

AND WHEREAS developing a circular economy is a vital component of sustainable solid waste management;

THEREFORE BE IT RESOLVED that the Association of Vancouver Island and Coastal Communities expand the terms of reference for their Special Committee on Solid Waste to include circular economy.

c.

Association of Vancouver Island and Coastal Communities Resolution - Municipal Price Index

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

Purpose: To obtain Council direction regarding a resolution for submission to the Association of Vancouver Island and Coastal Communities Convention.

Recommendation:  That Council direct Staff to submit the following resolution to the Association of Vancouver Island and Coastal Communities for consideration at their 2020 Annual General Meeting:

WHEREAS Local Government and household spending are often compared by taxpayers through the lens of the Consumer Price Index which measures changes in the prices paid by household consumers for goods and services;

AND WHEREAS Local Government purchases do not fall into the same category as household purchases with respect to the types of goods each purchases;

THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities lobby the Provincial Government to create a Municipal Price Index that more accurately reflects the projected costs of the types of goods that municipalities purchase.

d.

Supervised Consumption Site Zoning Amendments

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

Purpose:  To provide Council with options for changes to “City of Nanaimo Zoning Bylaw 2011 No. 4500” related to the siting of Federally-approved supervised consumption sites.

Recommendation:

1. That “Zoning Amendment Bylaw 2020 No. 4500.173” (To remove the definition for ‘Drug Addiction Treatment Facility’, amend the definition of ‘Office Medical/Dental’ to exclude Supervised Consumption Sites, and add a definition for Supervised Consumption Sites) pass first reading; and,
2. That “Zoning Amendment Bylaw 2020 No. 4500.173” pass second reading.

e.

Development Permit Application No. DP1156 - 666 Fitzwilliam Street

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

Purpose:  To present for Council’s consideration a development permit application for a new fire station.

Recommendation:  That Council issue Development Permit No. DP1156 at 666 Fitzwilliam Street with the following variances to:

• increase the building height from 12m to 15m; and
• reduce the front yard setback from 2.5m to 0m.

f.

Rezoning Application No. RA432 - 3841 and 3817 Victoria Avenue and 3896, 3874, 3852, 3848 and 3816 Island Highway North

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

Purpose:  To present Council with an application to rezone the subject properties from Single Dwelling Residential (R1) to Community Corridor (COR3) to allow future mixed use development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2020 No. 4500.167” (To rezone 3841 and 3817 Victoria Avenue and 3896, 3874, 3852, 3848 and 3816 Island Highway North from Single Dwelling Residential [R1] to Community Corridor [COR3]) pass first reading;
2. “Zoning Amendment Bylaw 2020 No. 4500.167” pass second reading; and,
3. Council direct Staff to secure road dedication, off-site improvements, reciprocal access, lot consolidation, and a Community Amenity Contribution, should Council support the bylaw at third reading.

g.

Rezoning Application No. RA441 - 405 Rosehill Street

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

Purpose:  To present Council with an application to rezone the subject property at 405 Rosehill Street from Single Dwelling Residential (R1) to Low Density Residential (R6) to allow a multi-family development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2020 No. 4500.171” (To rezone 405 Rosehill Street from Single Dwelling Residential [R1] to Low Density Residential [R6]) pass first reading;
2. “Zoning Amendment Bylaw 2020 No. 4500.171” pass second reading; and
3. Council direct Staff to secure the road dedication and community amenity contribution prior to the adoption of the bylaw, should Council support the bylaw at third reading.

h.

Liquor Licence Application No. LA140 - 6359 Hammond Bay Road

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

Purpose:  To present Council with a liquor licence application to permit liquor to be served at a spa located at 6359 Hammond Bay Road.

Recommendation:  That Council recommend the Liquor Cannabis and Regulation Branch approve the application to permit liquor to be served at a spa located at 6359 Hammond Bay Road.

11.

BYLAWS:

a.

“Sign Amendment Bylaw 2020 No. 2850.22”

That "Sign Amendment Bylaw 2020 No. 2850.22” (To amend sign regulations pertaining to home-based businesses) be adopted.

b.

"Zoning Amendment Bylaw 2019 No. 4500.168"

That "Zoning Amendment Bylaw 2019 No. 4500.168" (To rezone portions of 4271 Jingle Pot Road from Single Dwelling Residential [R1] and Duplex Residential [R4] to Low Density Residential [R6], R1, and R4) be adopted.

c.

Bylaw Status Sheet (for information only)

12.

NOTICE OF MOTION:

13.

OTHER BUSINESS:

14.

QUESTION PERIOD:

15.

ADJOURNMENT: