MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, August 30, 2021

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 AT 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:

(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;

(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;

(g) litigation or potential litigation affecting the municipality;

(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;

(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 Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on 2021-JUL-26 at 3:15 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

Tourism Nanaimo Update

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

Presentation:

1. Jenn Houtby-Ferguson, Interim Tourism Manager, Tourism Nanaimo.

b.

Development Approvals 2021 Mid-Year Update

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

Presentation:

1. Lainya Rowett, Manager, Current Planning.

9.

COMMITTEE MINUTES:

a.

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, 2021-JUN-16 at 9:00 a.m.

10.

CONSENT ITEMS:

11.

DELEGATIONS:

12.

REPORTS:

a.

New Statutory Holiday

To be introduced by John Van Horne, Director, Human Resources. 

Purpose:  To provide exempt employees with the new statutory holiday, the National Day for Truth and Reconciliation.

Recommendation: 

1. That “Management Terms and Conditions of Employment Amendment Bylaw 2021 No. 7273.02” (To amend the provisions of the Management Terms and Conditions of Employment Bylaw 2019 No. 7273, to include the National Day for Truth and Reconciliation) pass first reading;
2. That “Management Terms and Conditions of Employment Amendment Bylaw 2021 No. 7273.02” pass second reading; and
3. That “Management Terms and Conditions of Employment Amendment Bylaw 2021 No. 7273.02” pass third reading.

b.

Official Community Plan Amendment Application No. OCP93 and Rezoning Application No. RA463

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

Purpose:  To present for Council’s consideration, concurrent Official Community Plan amendment and Rezoning applications to:

• Amend the land use designation within the Official Community Plan from Neighbourhood to Urban Node and to amend Schedule B (Old City Neighbourhood Concept Plan) to support increased building height and Floor Area Ratio (FAR) within 54, 55, 65, 66, 69, 70 and 73 Prideaux Street and 503, 531, 605, 619 and 685 Comox Road and;
• Site-specific zoning amendments to increase the maximum permitted building height and FAR in the Old City Mixed Use (DT8) zone to allow two multi-family residential buildings at 66 Prideaux Street, and at 55, 65, 69, and 73 Prideaux Street.
  

Delegations:

1. Selena Kwok, Low Hammond Rowe Architects, Andrea Blakeman, Nanaimo Affordable Housing Society, and Tinni Lalli, TGR Developments.

Recommendation:  That:

1. “Official Community Plan Amendment Bylaw 2021 No. 6500.042” (To re-designate 54, 55, 65, 66, 69, 70, and 73 Prideaux Street; and 503, 531, 605, 619, and 685 Comox Road on the Future Land Use Plan [Map 1] from Neighbourhood to Urban Node, and the text amendment of Section 4.1.2 Land Use Designations of the Old City Neighbourhood Concept Plan), pass first reading; 
2. “Official Community Plan Amendment Bylaw 2021 No. 6500.042” pass second reading; 
3. “Zoning Amendment Bylaw 2021 No. 4500.188” (To rezone 55, 65, 66, 69, and 73 Prideaux Street by increasing the maximum permitted building height and floor area ratio regulations in the Old City Mixed Use [DT8] zone) pass first reading; 
4. “Zoning Amendment Bylaw 2021 No. 4500.188” pass second reading; and
5. Council direct Staff to secure an off-site fire hydrant; an on-site storm water system; an expanded storm water right-of-way; and a covenant securing a community amenity contribution for market housing units and lot consolidation of the subject properties prior to adoption of “Zoning Amendment Bylaw 2021 No. 4500.188”, should Council support the bylaw at third reading.

c.

Rezoning Application No. RA464 – 608 Sandy Court

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

Purpose:  To present Council with an application to rezone the subject property at 608 Sandy Court from Single Dwelling Residential (R1) to Three and Four Unit Residential (R5) to allow for a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2021 No. 4500.190” (To rezone 608 Sandy Court from Single Dwelling Residential [R1] to Three and Four Unit Residential [R5]) pass first reading;
2. “Zoning Amendment Bylaw 2021 No. 4500.190” pass second reading; and
3. Council direct Staff to secure street trees, stormwater management upgrades, a community amenity contribution, and road dedication, should Council support the bylaw at third reading.

d.

Rezoning Application No. RA466 – 6643 Aulds Road

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

Purpose:  To present Council with an application to rezone the subject property at 6643 Aulds Road from Single Dwelling Residential (R1) to Duplex Residential (R4) to allow for a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2021 No. 4500.191” (To rezone 6643 Aulds Road from Single Dwelling Residential [R1] to Duplex Residential [R4]) pass first reading;
2. “Zoning Amendment Bylaw 2021 No. 4500.191” pass second reading; and
3. Council direct Staff to secure the road dedication, road reserve covenant, community amenity contribution, and building orientation and driveway access covenant, should Council support the bylaw at third reading.

e.

Development Permit Application No. DP1236 and Housing Agreement Application No. HA5 – 6010 Hammond Bay Road

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

Purpose:  To present for Council’s consideration, a development permit application and a Housing Agreement for an affordable housing project at 6010 Hammond Bay Road.

Recommendation:  That:

1. Council issue Development Permit No. DP1236 at 6010 Hammond Bay Road with a variance to increase the maximum permitted front yard setback from 6.00m to 13.75m on the north property line and from 6.00m to 7.69m on the south property line; 
2. “Housing Agreement Bylaw 2021 No. 7326” (To authorize a Housing Agreement to secure affordable housing at 6010 Hammond Bay Road) pass first reading;
3. “Housing Agreement Bylaw 2021 No. 7326” pass second reading;
4. “Housing Agreement Bylaw 2021 No. 7326” pass third reading; and
5. Council direct Staff to register a covenant to reinforce the terms of the Housing Agreement.

f.

Development Permit Application No. DP1185 – 388 Machleary Street

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

Purpose:  To present for Council’s consideration, a development permit application for a seniors’ congregate housing development at 388 Machleary Street.

Recommendation:  That Council issue Development Permit No. DP1185 at 388 Machleary Street.

1.

Add - Delegation from Greg Persanyi

g.

Development Permit Application No. DP1214 – 400 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 mixed-use development at Wallace Street and Wentworth Street.

Recommendation:  That Council issue Development Permit No. DP1214 at 400 Fitzwilliam Street with a variance to increase the maximum permitted building height of Building A from 14m to 17m and Building B from 14m to 19m.

1.

Add - Delegation from Jordan Royer and Pablo Yuste

h.

Development Permit Application No. DP1228 - 591 Bradley Street

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

Purpose:  To present for Council’s consideration, a development permit application for a multi-family residential development within the watercourse setback located at 591 Bradley Street.

Recommendation:  That Council issue Development Permit No. DP1228 at 591 Bradley Street with the following variances to:

• reduce the watercourse setback as measured from the top of bank of the Millstone River from 30m to 0m;
• increase the maximum allowable building height from 14.00m to 17.92m; 
• reduce the minimum front yard setback from 1.8m to 0m for the underground parking structure; and
• increase the maximum allowable percentage of small car spaces from 40% to 41%.

1.

Add - Delegation from Raymond de Beeld

i.

Liquor Licence Application No. LA144 – Unit 2, 75 Front Street

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

Purpose:  To provide Council with information regarding an application received to amend the existing liquor licence for a business at 75 Front Street, Unit 2 (the Nanaimo Bar) to extend the hours of service.

j.

Fire Protection and Life Safety Regulation and Fees & Charges Amendment Bylaws

To be introduced by Karen Robertson, Deputy City Clerk, Legislative Services.

Purpose:  To present amendment bylaws that would 1) give delegated authority to the Fire Chief to enter into First Responder Training Agreements (on behalf of the City) with other local governments for the purposes of having employees trained and licensed as First Responders; and 2) to transfer the fees from the Fire Protection and Life Safety Regulation Bylaw to the Fees and Charges Bylaw.  

Recommendation:

Fire Protection & Life Safety Regulation Amendment Bylaw 

1. That “Fire Protection & Life Safety Regulation Amendment Bylaw 2021 No. 7108.03” (To give delegated authority to the Fire Chief to enter into First Responder Training Agreements with other local governments) pass first reading;
2. That “Fire Protection & Life Safety Regulation Amendment Bylaw 2021 No. 7108.03” pass second reading; and 
3. That “Fire Protection & Life Safety Regulation Amendment Bylaw 2021 No. 7108.03” pass third reading.  

Fees and Charges Amendment Bylaw

1. That “Fees and Charges Amendment Bylaw 2021 No. 7041.04” (To incorporate the fees associated with the Fire Protection & Life Safety Regulation Bylaw) pass first reading;
2. That “Fees and Charges Amendment Bylaw 2021 No. 7041.04” pass second reading; and
3. That “Fees and Charges Amendment Bylaw 2021 No. 7041.04” pass third reading.

13.

BYLAWS:

a.

"Zoning Amendment Bylaw 2019 No. 4500.159"

That Zoning Amendment Bylaw 2019 No. 4500.159 (To rezone 150 Esplanade and 155 Fry Street from Community Corridor [COR3] to Mixed Use Corridor [COR2]) be adopted.

b.

“Off-Street Parking Reserve Fund Establishing Bylaw 2021 No. 7328”

That “Off-Street Parking Reserve Fund Establishing Bylaw 2021 No. 7328” (To establish a statutory reserve for cash-in-lieu payments received under “Off-Street Parking Regulations Bylaw 2018 No. 7266”) be adopted.

c.

"Housing Agreement Bylaw 2021 No. 7329"

That “Housing Agreement Bylaw 2021 No. 7329” (To secure unit affordability) be adopted.

14.

NOTICE OF MOTION:

a.

Councillor Brown Notice of Motion re:  Supportive Housing Sites

Councillor Brown advised that he would be bringing forward the following notice of motion for consideration at a future Council Meeting:

"That Staff identify two sites that could support supportive housing outside of Nanaimo's downtown and south end and return to Council for further direction."

b.

Councillor Armstrong and Councillor Brown Notice of Motion re:   Bicycle Storage Facilities

Councillor Armstrong and Councillor Brown advised that they would be bringing forward the following notice of motion for consideration at a future Council Meeting:

"That Staff prepare a scope of work for a pilot project to install secured bicycle storage facilities in the downtown for funding consideration at the 2022 budget deliberations." 

c.

Councillor Armstrong and Councillor Brown Notice of Motion re:  Chase River and Cinnabar Valley Mobility Plan

Councillor Armstrong and Councillor Brown advised that they would be bringing forward the following notice of motion for consideration at a future Council Meeting:

"That a scope of work and possible funding options for a comprehensive Chase River and Cinnabar Valley mobility plan, that includes consideration of automobile, pedestrian, public transit, cycling and other accessible transportation modes, be prepared for the Governance and Priorities Committee Meeting on connectivity challenges in south Nanaimo."  

d.

Councillor Geselbracht Notice of Motion re:   Zero Waste Circular Economy Strategy

Councillor Geselbracht advised that he would be bringing forward the following notice of motion for consideration at a future Council Meeting: 

"That the City of Nanaimo 2022 work plan include the development of a Zero Waste circular economy strategy that:

• seeks to leverage municipal powers to advance the regional goal of 90% diversion of waste from landfill by applying the framework of the zero waste hierarchy and the systems and process of Circular economy that eliminate waste and pollution, keep materials in circulation, and regenerate natural systems; and
• Includes investigating initiatives that improve access to recycling services and amenities, eliminate unnecessary single use items, implement deconstruction and sustainable demolition regulations, and support circular business entrepreneurship.”

15.

OTHER BUSINESS:

a.

Councillor Geselbracht Motion re:   City of Nanaimo Fossil Fuel Divestment and Ethical Investment Strategy and Policy Development

At the 2021-JUL-26 Regular Council Meeting, Councillor Geselbracht advised he would be bringing forward the following motion for consideration:

That Staff prepare a report on an investment policy and strategy that can achieve the following considerations:

1. Divest from fossil fuel companies, by supporting fossil fuel free investment portfolios, such as the MFA Fossil Fuel Free Short-Term Bond Fund and build on the examples of fossil fuel free investment strategies from other municipalities such as Vancouver and Victoria;
2. Select investments that make positive contributions to Environmental, Social and Governance (ESG) factors; and
3. Align investment with the Sec. 183 of the Community Charter, and best practices for investing public funds.
4. Provide strategic options with associated budgetary considerations that include options for the immediate divestment of all funds that include holdings involved in the production and distribution of fossil fuels and options that take a more graduated approach.

[Note:  Reference material provided for information.]

16.

QUESTION PERIOD:

17.

ADJOURNMENT: