MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, February 28, 2022

4:00 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 9:00 P.M.

---

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;
(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).

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 Regular Council Meeting held electronically, on Monday, 2022-FEB-07, at 4:30 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

REIMAGINE Nanaimo Phase 3 Launch For the Draft City Plan

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present to Council the REIMAGINE Nanaimo Phase 3 engagement launch for the draft City Plan.

Presentation:

1. Lisa Bhopalsingh, Director, Community Development.

[Note:  PowerPoint presentation to be distributed on the Addendum.]

1.

Add PowerPoint Presentation

b.

Building Permit Function Review Update

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Presentation:

1. Jeremy Holm, Director, Development Approvals, Co-chair Joint Building Permit Advisory Working Group and Darren Moss, Co-chair Joint Building Permit Advisory Working Group.

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Governance and Priorities Committee Meeting held electronically on Monday, 2022-FEB-14, at 1:00 p.m.

10.

CONSENT ITEMS:

a.

Governance and Priorities Committee Recommendations 2022-FEB-14

[Note:  A link to the 2022-FEB-14 Governance and Priorities  Agenda is attached for information.]

1.

Committee Operating Guidelines

That Council approve the updated Committee Operating Guidelines as presented in Attachment B of the February 14, 2022 report titled “Committee Operating Guidelines”. 

b.

Finance and Audit Committee Recommendations 2022-FEB-16

[Note: A link to the 2022-Feb-16 Finance and Audit Committee Agenda with a supplemental item is attached for information.]

1.

Rock City Road Water Supply Pipeline Risk Reduction

That Council direct Staff to install joint restraints on the Rock City Road water supply line and add a project to 2022 for $350,000 funded from the Water Reserve to complete the work.  

2.

Community Resiliency Investment Program (FireSmart Community Funding and Supports Program)

That Council support the City of Nanaimo’s application to the Union of BC Municipalities for the Community Resiliency Investment Program (FireSmart Community Funding and Supports Program) and if successful the 2022-2026 Financial Plan be amended to include this grant.

3.

Duke Point Water Supply Main - York Creek Drainage Crossing

That Council direct Staff to install a pipe bridge on the Duke Point water supply main over York Creek, and add a project to 2022 for $400,000 funded from the Water Reserve to complete this work. 

4.

Community Program Development Grant - Nanaimo Nature Society

That Council approve the request from the Nanaimo Nature Society for a Community Program Development Grant in the amount of $2,450 to assist in funding the Buttertubs Marsh Guided Nature Tours program.

5.

BC Hydro Sustainable Communities Project Implementation Funding Application with the Regional District of Nanaimo

That Council approve using $10,000 from the Climate Action Reserve Fund to support a joint application to BC Hydro with the Regional District of Nanaimo for an “Oil to Heat Pump Pilot Program with Equity-Centered Outreach Design”.

11.

Separately Addressed Consent Items

a.

Daytime Services for Vulnerable Populations

That Council designate the existing Caledonia Emergency Warming Centre as a daily drop-in space until 2022-APR-01, and allocate $15,000 from the 2018-2020 daytime resource centre carry forward.

1.

Add Delegation - Amber Harris

2.

Add Delegation - Darrel Gyorfi

3.

Add Delegation - Fred MacDonald

4.

Add Delegation - Karen Kuwica

12.

DELEGATIONS:

13.

REPORTS:

a.

Leisure Economic Access Policy (LEAP)

To be introduced by Richard Harding, General Manager, Parks, Recreation and Culture.

Purpose:  To introduce an updated Council Policy for the Leisure Economic Access Policy (LEAP) Program delivered by Parks, Recreation and Culture department.

Recommendation:  That Council endorse Council Policy COU-227 - Leisure Economic Access Policy (LEAP) as attached to the 2022-FEB-28 report by the Director of Recreation and Culture and Deputy City Clerk.

b.

Appointment of Bylaw Enforcement Officer

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To obtain Council approval to appoint Amber Knapman as a Bylaw Enforcement Officer.

Recommendation:  That Council appoint Amber Knapman as a Bylaw Enforcement Officer to enforce the provisions of City of Nanaimo “Animal Responsibility Bylaw 2021 No. 7316”.

c.

Housing Agreement Application No. HA8 6030 - Linley Valley Drive

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present Council with a Housing Agreement to secure rental housing for a portion of a multi-family residential development at 6030 Linley Valley Drive.

Recommendation: 

That:

1. “Housing Agreement Bylaw 2022 No. 7342” (To authorize a Housing Agreement securing no independent sales for 50% of the dwelling units at 6030 Linley Valley Drive) pass first reading;
2. “Housing Agreement Bylaw 2022 No. 7342” pass second reading;
3. “Housing Agreement Bylaw 2022 No. 7342” pass third reading; and,
4. Council direct Staff to register a covenant to reinforce the terms of the Housing Agreement.

1.

Add Delegation - Greg Persanyi

2.

Add Delegation - David McGrath and Adrian Wong

d.

Covenant Amendment Application No. CA16 and Development Permit Application No. DP1165 - 3789 & 3801 Shenton Road

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present for Council’s consideration a covenant amendment application and development permit application for a proposed mixed-use residential and office development at 3789 and 3801 Shenton Road.

Recommendation:  That:

1. Council direct Staff to amend the Section 219 covenant (CA6139861) on the property titles at 3789 and 3801 Shenton Road to remove the requirement that the lots be consolidated; and,
2. Council approve the issuance of Development Permit No. DP1165 at 3789 and 3801 Shenton Road for a mixed-use residential and office development, with variances to:
   • increase the maximum allowable building height from 18.00m to 20.15m for the proposed building at 3801 Shenton Road; and,
   • reduce the minimum front yard setback for an underground parking structure from 1.8m to 0.0m.

1.

Add Delegation - Donna Hais, R.W. (Bob) Wall Ltd.

e.

Development Permit Application No. DP1186 - 5320 Tanya Drive

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present for Council’s consideration a development permit application for a multi-family development with 35 townhouse units at 5320 Tanya Drive.

Recommendation: 

That Council issue Development Permit No. DP1186 at 5320 Tanya Drive with the following variances:

• increase the maximum permitted building height from 7m to 9.6m.

1.

Add Delegation - Brian Kapuscinski

f.

Development Permit Application No. DP001246 - 2585 Battersea Road

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present for Council’s consideration, a development permit application to allow existing structures to remain and proposed improvements to be made in relation to a new single residential dwelling at 2585 Battersea Road.

Recommendation:  That Council issue Development Permit No. DP1246 at 2585 Battersea Road with a variance to reduce the minimum required setback from the present natural boundary of the sea from 15.0m to 8.5m in order to allow the existing retaining walls and stairs to remain, and allow the proposed concrete patio and paved driveway.

g.

Liquor Licence Application LA145 - 1431 Bowen Road

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy Chief Administrative Officer.

Purpose:  To present Council with an application to amend an existing liquor licence at 1431 Bowen Road (Quarterway Pub).

Recommendation:  That Council recommend the Liquor Cannabis and Regulation Branch approve the application for 1431 Bowen Road (Quarterway Pub) to permit an outdoor patio.

h.

227 Prideaux Street - Acceptance of Project Under "Revitalization Tax Exemption Bylaw 2018 NO. 7261"

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

Purpose:  To obtain Council approval for a multi-family development at 227 Prideaux Street to be included in the Downtown Revitalization Tax Exemption program.

Recommendation:  That Council approve the Revitalization Tax Exemption Agreement for a proposed 12-unit multi-family development at 227 Prideaux Street.

i.

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

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

Purpose:  To obtain Council approval to amend the Tax Exemption Agreement for a proposed multi-family building at 507 Milton Street.

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

14.

BYLAWS:

a.

"Zoning Amendment Bylaw 2021 No. 4500.184"

That “Zoning Amendment Bylaw 2021 No. 4500.184” (To rezone the 5915 Metral Drive from Single Dwelling Residential [R1] to Residential Corridor [COR1] to allow a multi-family residential development) be adopted.

b.

"Financial Plan Amendment Bylaw 2022 No. 7320.02"

That “Financial Plan Amendment Bylaw 2022 No. 7320.02” (To amend the 2021 – 2025 Financial Plan) be adopted.

c.

"Official Community Plan Amendment Bylaw 2021 No. 6500.044"

That “Official Community Plan Amendment Bylaw 2021 No. 6500.044” (To re-designate portions of the subject properties and replace the Sandstone Master Plan [Schedule B to Schedule C – Chase River Neighbourhood Plan of the Official Community Plan]) be adopted.

d.

"Official Community Plan Amendment Bylaw 2021 No. 6500.046"

That “Official Community Plan Amendment Bylaw 2021 No. 6500.046” (To allow seven residential units at 456 Milton Street) be adopted.

15.

NOTICE OF MOTION:

16.

OTHER BUSINESS:

a.

Correspondence dated 2022-FEB-01, from Ombudsperson re:  Quarterly Reports October 1 - December 31, 2021

b.

Correspondence dated 2022-FEB-15, from BC Association of Farmers' Markets re: request for letter of support to the Minister of Health Adrian Dix for the Farmers' Market Nutrition Coupon Program

17.

QUESTION PERIOD:

18.

ADJOURNMENT: