MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, December 21, 2020

4:30 to Proceed In Camera, Reconvene Regular Meeting at 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:

(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;

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

(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.

a.

Add In Camera Reason:

(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.

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 Friday, 2020-DEC-04, at 8:30 a.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, 2020-DEC-07, at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

Karen Fry, Fire Chief - Presentation of the Canadian Fire Services 20 Year Fire Services Exemplary Service Medal

Mayor Krog to present Karen Fry, Fire Chief, with the Canadian Fire Services 20 Year Fire Services Exemplary Service Medal.

b.

Bylaw Enforcement Officer Barry Hornby - Appreciation Award of Bravery

Mayor Krog to present Barry Hornby with an award of bravery for his life saving efforts on December 3, 2020.

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2020-OCT-22, at 5:00 p.m.

b.

Minutes

Minutes of the Design Advisory Panel held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2020-NOV-12, at 5:00 p.m.

c.

Minutes

Minutes of the Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2020-NOV-18, at 9:00 a.m.

d.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2020-NOV-25, at 8:30 a.m.

e.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Friday, 2020-NOV-27, at 9:00 a.m.

f.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2020-NOV-30, at 9:00 a.m.

10.

CONSENT ITEMS:

a.

Finance and Audit Committee 2020-DEC-16

[Note:  A link to the Agenda for the 2020-DEC-16 Finance and Audit Committee is attached.]

1.

Culture and Events Grants 2021 - Fund Recommendations to Support Community Vibrancy and Resilience

That Council:

1. approve 2021 Cultural Grant funding (Operating, Project and Downtown Event) recommendations of $478,166 as follows; and
2. direct Staff to administer a special rapid response program for 2021 (Resilience Grant), with the remaining funds of $28,559, to support resilience in Nanaimo’s arts and culture sector.

2021 Culture & Heritage Operating Grants

• Applicant Name: A Cappella Plus Choral Society
  • Recommend: $5,300
• Applicant Name: CineCentral Filmmakers Society
  • Recommend: $12,000
• Applicant Name: Crimson Coast Dance Society **
  • Recommend: $24,137
• Applicant Name: Friends of Nanaimo Jazz Society
  • Recommend: $4,000
• Applicant Name: Island Bel Canto Singers
  • Recommend: $1,500
• Applicant Name: Island Consort Society
  • Recommend: $830
• Applicant Name: L’association des francophones de Nanaimo
  • Recommend: $21,500
• Applicant Name: Malaspina Choral Society
  • Recommend: $3,000
• Applicant Name: Mid Island Metis Nation
  • Recommend: $11,689
• Applicant Name: Nanaimo (BC) Chapter of the SPEBSQSA
  • Recommend: $2,400
• Applicant Name: Nanaimo Arts Council
  • Recommend: $11,000
• Applicant Name: Nanaimo Chamber Orchestra
  • Recommend: $1,965
• Applicant Name: Nanaimo Concert Band
  • Recommend: $5,000
• Applicant Name: Nanaimo Conservatory of Music **
  • Recommend: $19,143
• Applicant Name: Nanaimo International Jazz Festival Association
  • Recommend: $24,000
• Applicant Name: Opera Nanaimo
  • Recommend: $4,000
• Applicant Name: Pacific Coast Stage Company
  • Recommend: $8,000
• Applicant Name: Nanaimo Festival Heritage Theatre Society (TheatreOne) **
  • Recommend: $44,165
• Applicant Name: Vancouver Island Symphony **
  • Recommend: $92,849
• Applicant Name: Western Edge Theatre **
  • Recommend: $14,410
• Applicant Name: Wordstorm Society of the Arts
  • Recommend: $3,500

** Recommended for continued three-year funding (2019 / 2020 / 2021)

2021 Culture & Heritage Project Grants

• Applicant Name: Brechin United Church, Mission & Outreach Team
  • Project Name: Building Bridges and Paddling Together
  • Recommend: $1,922
• Applicant Name: Central Vancouver Island Multicultural Society
  • Project Name: Anti-Racism Arts Festival
  • Recommend: $3,220
• Applicant Name: CineCentral Filmmakers Society
  • Project Name: Local Film Development Project
  • Recommend: $3,000
• Applicant Name: Crimson Coast Dance Society
  • Project Name: ODROS: Our Digital Reality Online Symposium
  • Recommend: $7,295
• Applicant Name: Crimson Coast Dance Society
  • Project Name: What Happened to We: Nanaimo/Nordic Exchange
  • Recommend: $10,000
• Applicant Name: Festival of Banners (Nanaimo) Association
  • Project Name: Festival of Banners
  • Recommend: $4,400
• Applicant Name: Harbour City Jazz Society
  • Project Name: JazzFest
  • Recommend: $1,500
• Applicant Name: Nanaimo Aboriginal Centre
  • Project Name: National Indigenous Peoples Day 2021 Nanaimo Celebration
  • Recommend: $3,500
• Applicant Name: Nanaimo Arts Council
  • Project Name: R&D: A Capital Plan for an Arts Centre
  • Recommend: $0
• Applicant Name: Nanaimo Sings! Choral Festival Society
  • Project Name: Nanaimo Sings! Community Through Song
  • Recommend: $4,500
• Applicant Name: Pacific Coast Stage Company
  • Project Name: Theatre of the Oppressed Workshop Series & Site-Specific Presentation
  • Recommend: $3,000

2021 Downtown Event Revitalization Grants

• Applicant Name: A Cappella Plus Choral Society
  • Project/Event Name: A Cappella Plus Spring Concert
  • Recommend: $460
• Applicant Name: Friends of Nanaimo Jazz Society
  • Project/Event Name: Jazz Affair on the Coast
  • Recommend: $3,997
• Applicant Name: Greater Nanaimo Chamber of Commerce
  • Project/Event Name: 2021 Commercial Street Night Market
  • Recommend: $30,000
• Applicant Name: Nanaimo Arts Council
  • Project/Event Name: Nanaimo Artwalk
  • Recommend: $3,563
• Applicant Name: Nanaimo Chapter Federation of Canadian Artists
  • Project/Event Name: Nanaimo Fine Art Show
  • Recommend: $2,200
• Applicant Name: Nanaimo Downtown Famer’s Market Society
  • Project/Event Name: Nanaimo Downtown Farmer’s Market
  • Recommend: $4,500
• Applicant Name: Nanaimo Dragon Boat Festival Society
  • Project/Event Name: Nanaimo Dragon Boat Festival
  • Recommend: $10,000
• Applicant Name: Nanaimo International Jazz Festival Association
  • Project/Event Name: Nanaimo International Jazz Festival
  • Recommend: $25,000
• Applicant Name: Nanaimo Men’s Resource Centre (partnering with Old City Quarter Association)
  • Project/Event Name: Hub City Soapbox Derby
  • Recommend: $10,000
• Applicant Name: Nanaimo Pride Society
  • Project/Event Name: Nanaimo Pride Week & Month
  • Recommend: $12,500
• Applicant Name: Old City Quarter Association
  • Project/Event Name: Halloween in the OCQ
  • Recommend: $1,800
• Applicant Name: Old City Quarter Association
  • Project/Event Name: Sounds of Summer in the OCQ
  • Recommend: $6,300
• Applicant Name: Old City Quarter Association
  • Project/Event Name: Christmas in the OCQ
  • Recommend: $2,800
• Applicant Name: Old City Quarter Association
  • Project/Event Name: Hop Into Spring in the OCQ
  • Recommend: $1,050
• Applicant Name: Pacific Coast Stage Company
  • Project/Event Name: Outdoor Fringe Presentations
  • Recommend: $2,500
• Applicant Name: Nanaimo Festival Heritage Theatre Society (TheatreOne)
  • Project/Event Name: Emerging Voices
  • Recommend: $4,771

2.

Proposal for Welcome Pole at Maffeo Sutton Park

That Council:

1. allocate $50,000 from Public Art budgeted in the year 2020 and 2021 for a permanent artwork at Maffeo Sutton Park to the realization of a Welcome Pole in the park by Snuneymuxw artist Noel Brown;
2. direct Staff to collaborate with the relevant parties, including Snuneymuxw First Nation and Nanaimo Aboriginal Centre, to see this project completed in a respectful way for the benefit of our communities; and
3. direct Staff to report back to Council with final design and location prior to installation of the artwork.

3.

Investing in Canada Infrastructure Program Adaptation, Resilience and Disaster Mitigation

That Council direct Staff to submit an application to the Investing in Canada Infrastructure Program – Adaptation, Resilience and Disaster Mitigation for the Seabold Drive and Ptarmigan Way Drainage Upgrade project and commit to funding any cost overruns of the project.

4.

Investing in Canada Infrastructure Program COVID Resilience Infrastructure Stream

That Council direct Staff to submit an application to the COVID-19 Resilience Infrastructure Stream of the Investing in Canada Infrastructure Program for the Generators for Beban Park Complex and the Water Treatment Plant.

11.

DELEGATIONS:

12.

REPORTS:

a.

2021 - 2025 Financial Plan Bylaw

To be introduced by Shelley Legin, General Manager, Corporate Services.

Purpose:  To introduce “Financial Plan Bylaw 2020 No. 7320” for first, second and third readings.

Recommendation:  That:

1.  “Financial Plan Bylaw 2020 No. 7320” (To confirm and adopt the 2021 – 2025 Financial Plan) pass first reading;
2.  “Financial Plan Bylaw 2020 No. 7320” pass second reading; and,
3.  “Financial Plan Bylaw 2020 No. 7320” pass third reading.

b.

100 Gordon Street - Revised Agreements

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To provide Council with an update on construction activity at 100 Gordon Street and to obtain approval to remove the Option to Purchase, update the Revitalization Tax Exemption Agreement and revise the parking agreement.

Recommendations:  That Council direct Staff to:

1. Remove the Option to Purchase registered in favour of the City of Nanaimo from 100 Gordon Street;
2. Update the Revitalization Tax Exemption Agreement for 100 Gordon Street with PEG Companies; and
3. Enter into a parking agreement with PEG Companies – Courtyard by Marriott Hotel to rent reserved parking stalls for use by hotel guests within the City-owned parkade located within the Conference Center Parkade at 101 Gordon Street.

c.

BC Hydro Street Light Upgrades

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

Purpose:  To seek Council direction on how to proceed with the BC Hydro Street Light Replacement Project within the City of Nanaimo.

Recommendation:  That Council direct Staff to:

1. Work with BC Hydro to develop a Street Light Replacement Plan that replace the BC Hydro lease light fixtures with fixtures of equivalent wattage (brightness) and with a temperature (colour) that aligns with the City’s selection criteria.
2. Finalize the City Wide Lighting Study and present a prioritization and implementation strategy to Council for future capital planning considerations.

d.

Nanaimo Food Policy Council

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To provide Council with options and to seek direction for how the City of Nanaimo can support the creation of an independent Nanaimo Food Policy Council for the purpose of further enhancing local food security.

Presentation:

1. Karin Kronstal, Social Planner.

Recommendation:  That Council:

1. Support City of Nanaimo Staff participation in the Nanaimo Food Policy Council as non‑voting members;
2. Send a letter to the Regional District of Nanaimo Board of Directors requesting that a staff liaison be appointed to the Nanaimo Food Policy Council to represent regional interests; and
3. Provide a letter of support from the City to Nanaimo Foodshare requesting the Nanaimo Region Medical Health Officer provide Nanaimo Foodshare with an additional $5,000 annually to the health authorities locally designated food hub, to contribute to the administrative costs of coordinating the Nanaimo Food Policy Council.

e.

285 Prideaux Street - Lease to BC Housing

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To seek Council approval to issue a 60-year lease to BC Housing on City-owned land located at 285 Prideaux Street to facilitate the construction of a 51-unit supportive housing project.

Recommendation:  That Council approve:

1. the disposition of a 60-year lease of City-owned lands at 285 Prideaux Street to BC Housing, effective 2021-JUL-01; and,
2. the extension of the licence agreement to BC Housing for the Emergency Response Centre at 285 Prideaux Street until 2021-JUN-30.

f.

Development Permit Application No. DP1150 - 2517 Bowen Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration a development permit application for a proposed office building at 2517 Bowen Road.

Recommendation:  That Council issue Development Permit No. DP1150 at 2517 Bowen Road with the following variance:

• to increase the maximum building height from 14.0m to 17.7m.

g.

Development Permit Application No. DP1174 - 2535 Bowen Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration a development permit application for a proposed automobile dealership (Nanaimo Honda) at 2535 Bowen Road.

Recommendation:  That Council issue Development Permit No. DP1174 at 2535 Bowen Road with the following variances:

• to waive the minimum building height requirement; and,
• reduce the required landscape buffer along the west property line from 1.8m to 0m.

1.

Replace Attachment G.

2.

Add Delegations from Raymond de Beeld, Architect Inc., and Patrick Brandreth, Nanaimo Honda

h.

Development Permit Application No. DP1192 - 4851 Cedar Ridge Place

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development permit application for a mixed-use development with 98 multi-family residential units and commercial space at 4851 Cedar Ridge Place.

Recommendation:  That Council issue Development Permit No. DP1192 at 4851 Cedar Ridge Place with the following variances:

• reduce the minimum required rear yard setback from 7.5m to 5.66m;
• reduce the minimum required building front face in the front yard setback from 50% to 32% of the property frontage;
• increase the maximum permitted building height from 18m to 20.65m; and,
• reduce the minimum required setback for the refuse enclosure from 3m to 0.3m.

1.

Add Delegations from Raymond de Beeld, Architect Inc., and Chris Lundy, Westmark Construction

i.

Development Variance Permit Application No. DVP406 - 164 Holland Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development variance permit application to increase the maximum allowable gross floor area and maximum allowable building height for a proposed accessory building at 164 Holland Road.

Recommendation:  That Council issue Development Variance Permit No. DVP406 at 164 Holland Road with the following variances:

• increase the maximum allowable gross floor area for all accessory buildings from 90m² to 243m²; and
• increase the maximum allowable height for a proposed accessory building from 7m to 7.85m.

j.

Development Variance Permit Application No. DVP409 - 3358 Stephenson Point Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development variance permit application to allow an over-height accessory building at 3358 Stephenson Point Road.

Recommendation:  That Council approve Development Variance Permit No. DVP409 at 3358 Stephenson Point Road with the following variance:

• increase the maximum allowable accessory building height from 7.0m to 7.31m. 

k.

Development Variance Permit Application No. DVP410 - 5455 Mildmay Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development variance permit application to reduce the minimum required flanking side yard setback from an unconstructed road right of way at 5455 Mildmay Road.

Recommendation:  That Council issue Development Variance Permit No. DVP410 at 5455 Mildmay Road with the following variance:

• reduce the minimum required flanking side yard setback from 4.0m to 1.5m.

l.

Covenant Amendment Application No. CA14 - 6010 Brickyard Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To seek direction from Council regarding Covenant Amendment application No. CA14 at 6010 Brickyard Road.

Recommendation:  That Council direct Staff to proceed with public notification prior to Council’s consideration of Covenant Amendment Application No. CA14 at an upcoming Public Hearing.

13.

BYLAWS:

a.

“Sewer Regulation and Charge Amendment Bylaw 2020 No. 2496.33”

That “Sewer Regulation and Charge Amendment Bylaw 2020 No. 2496.33” (To set the 2021 rates for sanitary sewer) be adopted.

b.

"Waterworks Rate and Regulation Amendment Bylaw 2020 No. 7004.16"

That “Waterworks Rate and Regulation Amendment Bylaw 2020 No. 7004.16” (To set the 2021 water rates) be adopted.

c.

“User Fee Subsidies Amendment Bylaw 2020 No. 7095.02”

That “User Fee Subsidies Amendment Bylaw 2020 No. 7095.02” (To set the 2021 thresholds for User Fee Subsidies) be adopted.

d.

“South West Bulk Water Rate Amendment Bylaw 2020 No. 7099.09"

That “South West Bulk Water Rate Amendment Bylaw 2020 No. 7099.09” (To set the 2021 bulk water rates for South West Extension) be adopted.

e.

"Municipal Solid Waste Collection Amendment Bylaw 2020 No. 7128.12"

That “Municipal Solid Waste Collection Amendment Bylaw 2020 No. 7128.12” (To update the bylaw to set rates for 2021) be adopted.

f.

“Bylaw Notice Enforcement Amendment Bylaw 2020 No. 7159.09”

That “Bylaw Notice Enforcement Amendment Bylaw 2020 No. 7159.09” (Housekeeping amendment to correct reference to section 6.9 within the Building Bylaw section of Schedule “A”) be adopted.

g.

Bylaw Status Sheet (For information only)

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Correspondence dated 2020-NOV-30 from the BC Ombudsperson Office re: Quarterly Report, July 1 - September 30, 2020

16.

ADJOURNMENT: