MERGED AGENDA 

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, November 04, 2019
Time:	4:30 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 AT 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;

(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;

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

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, 2019-SEP-19 at 7:00 p.m.

b.

Minutes

Minutes of the Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC on Wednesday, 2019-OCT-09 at 7:00 p.m.

c.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC on Monday, 2019-OCT-21 at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

8.

CONSENT ITEMS:

a.

Advisory Committee Minutes

1.

Minutes of the Board of Variance Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2019-JUL-18.

2.

Minutes of the Board of Variance Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Thursday, 2019-AUG-15.

3.

Minutes of the Board of Variance Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Thursday, 2019-SEP-19.

4.

Minutes of the Finance and Audit Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2019-SEP-18 at 9:00 a.m. 

b.

Committee Recommendations

1.

Special Finance and Audit Committee Recommendation:  2019-OCT-21

[Note:  A link to the 2019-OCT-21 Special Finance and Audit Committee Agenda is attached for information.]

1.

Downtown Priority Projects

That the Finance and Audit Committee recommend that Council accelerate the Front Street bi-directional cycle track portion of the Downtown Cycling Loop project from 2021 to 2020 and direct Staff to return to Council at a future Regular Council Meeting upon completion of the final design of the Installation of the Bi-directional Cycle Track on Front Street.

2.

Downtown Priority Projects

That the Finance and Audit Committee recommend that Council allocate $220,000 from the Strategic Infrastructure Reserve Fund to implement the Public Realm Improvements identified for the downtown core and that Council direct Staff to remove the $10,000 request for funding for the “Animate decorative lighting/lasers to the back wall of the Port Theatre” from the Public Realm Improvements/Beautification initiatives.

2.

Committee of the Whole Meeting Recommendation:  2019-OCT-28

[Note: A link to the 2019-OCT-28 Committee of the Whole Agenda is attached for information.]

1.

East Wellington Park Management and Action Plan Update

That the Committee of the Whole recommend Council direct Staff to:

• hold an open house at the park and post the draft East Wellington Park Management and Action Plan to the City of Nanaimo’s website to gather public input;
• submit a non-farm use application to the Agricultural Land Reserve for park development; and,
• report back to Council with the final draft plan.

2.

2019 Community Action Initiative Community Wellness and Harm Reduction Grant Application

That the Committee of the Whole recommend that Council approve the City of Nanaimo’s application to the 2019 Community Action Initiative Community Wellness and Harm Reduction Grant for $50,000 for the purpose of supporting a peer-run skills and employment program. 

3.

Delegation from Nanaimo BMX Association

That the Committee of the Whole recommend that Council refer the request from the Nanaimo BMX Association for $35,000 for infrastructure upgrades to the Marie Davidson BMX Park to Staff to prepare a report for Council consideration as Council enters budget deliberations for this year. 

3.

Governance and Priorities Committee Recommendations: 2019-OCT-28

[Note: A link to the 2019-OCT-28 Governance and Priorities Committee Agenda is attached for information.]

1.

Commercial Properties Along Bus Routes

That the Governance and Priorities Committee recommend that Council direct Staff to prepare a communication strategy around snow and ice removal with the aim of educating residents and business owners about City bylaws relating to snow removal on sidewalks. 

9.

DELEGATIONS:

10.

REPORTS:

a.

Fire Station No. 1 - LEED Certification

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

Purpose:  To seek Council exemption from pursuing LEED certification for the Fire Station No. 1 Project.

Recommendation:  That Council exempt the Fire Station No. 1 Project from the LEED certification requirement in the Green Building Strategy.

b.

2020 Appointments to the Regional District of Nanaimo Board

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

Purpose:  To obtain Council direction regarding appointments to the Regional District of Nanaimo Board and to establish voting assignments for each Director for 2020.

Recommendation:  That Council renew, for a term ending 2020-DEC-31, appointments of the current Council members on the Regional District of Nanaimo Board as follows:

Mayor Krog                              5 Votes

Councillor Hemmens              5 Votes

Councillor Armstrong              5 Votes

Councillor Geselbracht            5 Votes

Councillor Brown                     5 Votes

Councillor Bonner                    5 Votes

Councillor Turley                     4 Votes

Councillor Bonner                    4 Votes

Councillor Thorpe                    4 Votes

Councillor Maartman              Alternate

c.

2019 Asset Management Reserve Fund Amendment Bylaws

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce reserve fund amendment bylaws related to the new reserve fund policy approved by Council 2019-JUL-22.

Recommendation: That:

1. “General Fund Asset Management Amendment Bylaw 2019 No. 7186.01” (To amend the General Fund Asset Management Reserve Fund purpose) pass first reading.
2. “General Fund Asset Management Amendment Bylaw 2019 No. 7186.01” pass second reading.
3. “General Fund Asset Management Amendment Bylaw 2019 No. 7186.01” pass third reading.
4. “Sewer Fund Asset Management Amendment Bylaw 2019 No. 7187.01” (To amend the Sewer Fund Asset Management Reserve Fund purpose) pass first reading.
5. “Sewer Fund Asset Management Amendment Bylaw 2019 No. 7187.01” pass second reading.
6. “Sewer Fund Asset Management Amendment Bylaw 2019 No. 7187.01” pass third reading.
7. “Water Fund Asset Management Amendment Bylaw 2019 No. 7188.01” (To amend the Water Fund Asset Management Reserve Fund purpose) pass first reading.
8. “Water Fund Asset Management Amendment Bylaw 2019 No. 7188.01” pass second reading.
9. “Water Fund Asset Management Amendment Bylaw 2019 No. 7188.01” pass third reading.

d.

2019 Reserve Fund Establishment Bylaws

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce reserve fund bylaws related to the new reserve fund policy approved by Council on 2019-JUL-22.

Recommendation: That: 

1. “911 Reserve Fund Establishing Bylaw 2019 No. 7295” (To establish a 911 Call Answer Service Reserve Fund) pass first reading.
2. “911 Reserve Fund Establishing Bylaw 2019 No. 7295” pass second reading.
3. “911 Reserve Fund Establishing Bylaw 2019 No. 7295” pass third reading.
4. “Cart Replacement Reserve Fund Establishing Bylaw 2019 No. 7296” (To establish a residential solid waste Cart Replacement Reserve Fund) pass first reading.
5. “Cart Replacement Reserve Fund Establishing Bylaw 2019 No. 7296” pass second reading.
6. “Cart Replacement Reserve Fund Establishing Bylaw 2019 No. 7296” pass third reading.
7. “Copier Replacement Reserve Fund Establishing Bylaw 2019 No. 7297” (To establish a Copier Replacement Reserve Fund) pass first reading.
8. “Copier Replacement Reserve Fund Establishing Bylaw 2019 No. 7297” pass second reading.
9. “Copier Replacement Reserve Fund Establishing Bylaw 2019 No. 7297” pass third reading.
10. “Emission Reduction Reserve Fund Establishing Bylaw 2019 No. 7298” (To establish an Emission Reduction Reserve Fund) pass first reading.
11. “Emission Reduction Reserve Fund Establishing Bylaw 2019 No. 7298” pass second reading.
12. “Emission Reduction Reserve Fund Establishing Bylaw 2019 No. 7298” pass third reading.
13. “Housing Legacy Reserve Fund Establishing Bylaw 2019 No. 7299” (To establish a Housing Legacy Reserve Fund) pass first reading.
14. “Housing Legacy Reserve Fund Establishing Bylaw 2019 No. 7299” pass second reading.
15. “Housing Legacy Reserve Fund Establishing Bylaw 2019 No. 7299” pass third reading.
16. “Information Technology Reserve Fund Establishing Bylaw 2019 No. 7300” (To establish an Information Technology Reserve Fund) pass first reading.
17. “Information Technology Reserve Fund Establishing Bylaw 2019 No. 7300” pass second reading.
18. “Information Technology Reserve Fund Establishing Bylaw 2019 No. 7300” pass third reading.
19. “Nanaimo District Secondary School Community Field Reserve Fund Establishing Bylaw 2019 No. 7301” (To establish a Nanaimo District Secondary School Community Field Reserve Fund) pass first reading.
20. “Nanaimo District Secondary School Community Field Reserve Fund Establishing Bylaw 2019 No. 7301” pass second reading.
21. “Nanaimo District Secondary School Community Field Reserve Fund Establishing Bylaw 2019 No. 7301” pass third reading.
22. “Parking Reserve Fund Establishing Bylaw 2019 No. 7302” (To establish a Parking Reserve Fund) pass first reading.
23. “Parking Reserve Fund Establishing Bylaw 2019 No. 7302” pass second reading.
24. “Parking Reserve Fund Establishing Bylaw 2019 No. 7302” pass third reading.
25. “Property Acquisition Reserve Fund Establishing Bylaw 2019 No. 7303” (To establish a Property Acquisition Reserve Fund) pass first reading.
26. “Property Acquisition Reserve Fund Establishing Bylaw 2019 No. 7303” pass second reading.
27. “Property Acquisition Reserve Fund Establishing Bylaw 2019 No. 7303” pass third reading.
28. “Strategic Infrastructure Reserve Fund Establishing Bylaw 2019 No. 7304” (To establish a Strategic Infrastructure Reserve Fund) pass first reading.
29. “Strategic Infrastructure Reserve Fund Establishing Bylaw 2019 No. 7304” pass second reading.
30. “Strategic Infrastructure Reserve Fund Establishing Bylaw 2019 No. 7304” pass third reading.
31. “Sustainability Reserve Fund Establishing Bylaw 2019 No. 7305” (To establish a Sustainability/Energy Consumption Reduction Reserve Fund) pass first reading;
32. “Sustainability Infrastructure Reserve Fund Establishing Bylaw 2019 No. 7305” pass second reading.
33. “Sustainability Infrastructure Reserve Fund Establishing Bylaw 2019 No. 7305” pass third reading.

1.

2019 Reserve Fund Establishment Bylaws

Replace recommendations 32 and 33 as follows:

32. "Sustainability Reserve Fund Establishing Bylaw 2019 No. 7305" pass second reading.

33. "Sustainability Reserve Fund Establishing Bylaw 2019 No. 7305" pass third reading.

e.

Property Maintenance - 188 Capt. Morgans Boulevard and 63 Pirates Lane

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

Purpose:  The property owner is appealing the direction of the Manager of Bylaw Services to remove accumulated rubbish on or around lands or buildings owned by him at 188 Capt. Morgans Boulevard and 63 Pirates Lane, pursuant to Section 8 of the “Property Maintenance and Standards Bylaw 2017 No. 7242”.

Delegation:

1. Dan Hibbert, part owner, 188 Capt. Morgans Boulevard and 63 Pirates Lane

Recommendation:

That Council, pursuant to “Property Maintenance and Standards Bylaw 2017 No. 7242”, direct the owners of the properties as listed below to remove the materials noted within fourteen days or the work will be done by the City or its agents at the owners’ cost:

1. 188 Capt. Morgans Boulevard – Unlicensed and/or derelict vehicles, boats, building materials, and garbage; and,
2. 63 Pirates Lane – Fifth-wheel travel trailer, building materials, scrap steel, lumber, derelict boat on trailer, derelict hovercraft, dump truck, old trailer full of renovation debris, and garbage.

f.

Housing Agreement No. HA1 - 1400 Wingrove Street

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

Purpose:  To present Council with a Housing Agreement to secure rental housing for a mixed-use development at 1400 Wingrove Street.

Recommendation:  That:

1. “Housing Agreement Bylaw 2019 No. 7306” (To authorize a housing agreement for rental housing at 1400 Wingrove Street) pass first reading;
2. “Housing Agreement Bylaw 2019 No. 7306” pass second reading;
3. “Housing Agreement Bylaw 2019 No. 7306” pass third reading; and
4. Council direct Staff to register a covenant to reinforce the terms of the housing agreement.

g.

Development Permit Application No. DP1164 - 560 Third Street

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

Purpose:  To present for Council’s consideration, an amendment to Development Permit No. DP1126 to reduce the required number of parking spaces for a mixed-use development at 560 Third Street.

Recommendation:  That Council issue Development Permit No. DP1164 at 560 Third Street to vary the City of Nanaimo “Off-Street Parking Regulations Bylaw 2018 No. 7266” to reduce the required number of parking spaces from 216 to 188. 

h.

Development Variance Permit No. DVP390 - 1074 Old Victoria Road

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

Purpose:  To present for Council’s consideration, a development variance permit application to vary the front yard and flanking side yard setback requirements for mobile home pad areas in an existing mobile home park.

It is requested that Council hear anyone wishing to speak regarding Development Variance Permit No. DVP390 - 1074 Old Victoria Road.

Recommendation:  That Council issue Development Variance Permit No. DVP390 at 1074 Old Victoria Road with the following variances:

• reduce the front yard setback from 4.5m to 1.5m on the southern boundary of mobile home pad areas 14, 15, and 16;
• reduce the front yard setback from 4.5m to 3.5m on the northern boundary of mobile home pad area 14; and
• reduce the flanking side yard setback from 3.0m to 1.5m for mobile home pad area 16.

i.

507 Milton Street - Acceptance of Project Under the Revitalization Tax Exemption Bylaw

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

Purpose:  To obtain Council approval of a mixed-used building at 507 Milton Street into the Downtown Revitalization Tax Exemption Program.

Recommendation:  That Council approve the Revitalization Tax Exemption Agreement for a proposed 27-unit mixed-use building at 507 Milton Street.

11.

BYLAWS:

a.

“Zoning Amendment Bylaw 2019 No. 4500.154”

That “Zoning Amendment Bylaw 2019 No. 4500.154” (To amend Schedule D of the Zoning Bylaw to modify Category 5 – Energy Management to include reference to the BC Energy Step Code) be adopted.

b.

"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) be adopted.

c.

“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) be adopted.

d.

Bylaw Status Sheet (For Information Only)

12.

NOTICE OF MOTION:

13.

OTHER BUSINESS:

a.

Request from Councillor Geselbracht re:  approval to attend CivX 2019: "Civil Ideas for Less Civil Times".

14.

QUESTION PERIOD:

15.

ADJOURNMENT: