MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, June 17, 2024

4:30 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:

(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).

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 2024-MAY-27 at 4:00 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 2024-JUN-03 at 4:30 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

8.

PRESENTATIONS:

a.

Nanaimo Prosperity Corporation Plans and CEO Introduction

To be introduced by Dale Lindsay, Chief Administrative Officer.

9.

COMMITTEE MINUTES:

10.

CONSENT ITEMS:

a.

Add - Public Safety Committee Meeting 2024-JUN-12

[Note: A link to the 2024-JUN-12 Public Safety Committee Meeting Agenda is provided for information.]

1.

30 Km/h Speed Limits Near Elementary Schools

That Council direct Staff to continue work on elementary school speed limits, applying 30 km/h school zones where the Motor Vehicle Act requirements can be achieved, and applying 30 km/h regulatory speed limits where Motor Vehicle Act requirements cannot be achieved. 

b.

Add - Governance and Priorities Committee Meeting 2024-JUN-12

[Note:  A link to the 2024-JUN-12 Governance and Priorities Committee Meeting Agenda is provided for information.]

1.

Alternative Approval Process Policy Options (Part One)

That Council direct Staff to prepare a draft policy for the Governance and Priorities Committee that includes: 

1. That the method of communication/engagement be considered on a case-by-case basis based on the scale and the borrowing amount of the project;
2. That the number of response forms be limited to 10 forms per person for the duration of the AAP period; and
3. Options for the inclusion of mail-out options for response forms and electronic submission of response forms.

2.

Alternative Approval Process Policy Options (Part Two)

That Council direct Staff to prepare a resolution for submission to the Union of British Columbia Municipalities annual convention outlining issues around the clarity and process of the legislation that governs the Alternative Approval Process.

3.

Alternative Approval Process Policy Options (Part Three)

That Council send a letter to the Province requesting that amendments be made to the legislation pertaining to the Alternative Approval Process as outlined on page 47 of the report titled “Alternative Approval Process Review” by Lisa Zwarn. 

c.

Add - Separately Addressed Consent Items

1.

Mayor's Leaders' Table Meeting 2024-JUN-14

[Note: a link is provided, for information, to access the report titled "Developing a Homelessness Action Plan:  Finding a Way Home" prepared by Dave Witty and provided to the Governance and Priorities Committee on 2024-JAN-22.]

Delegation:

1. David Witty

That Council:

1. Recognize that homelessness in Nanaimo is an existential crisis that must be addressed with a fulsome response
2. Formally endorse the concept that homelessness violates the principle of human dignity
3. Adopt Housing First Plus as the foundational element of a homelessness strategy
4. Create a purpose driven Housing First Plus position
5. Develop a robust plan to minimize the number of people at risk of homelessness

11.

DELEGATIONS:

a.

Nancy Mitchell and Karen Kuwica, Newcastle Community Association re: vacant property

b.

Alan Clarke re: Bylaw No 7224.05 

12.

REPORTS:

a.

2023 Annual Municipal Report

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

Purpose:  To hear from the public on and receive Council’s approval of the 2023 Annual Municipal Report, as required by the Community Charter.

It is requested that Council hear anyone wishing to speak regarding the 2023 Annual Municipal Report.

Recommendation:  That Council approve the 2023 Annual Municipal Report.

b.

Respectful Spaces Bylaw 

To be introduced by Richard Harding, General Manager, Community Services/Deputy CAO.

Purpose:  To introduce the Respectful Spaces Bylaw which provides formal regulatory processes to address situations of inappropriate behaviour that may occur in municipal facilities.

Recommendation:

Respectful Spaces Bylaw 7381

 That:

1. “Respectful Spaces Bylaw 2024 No.7381” (a bylaw to promote a safe, healthy, respectful and positive environment for members of the public, volunteers, Council and Staff) pass first reading.
2. “Respectful Spaces Bylaw 2024 No. 7381” pass second reading.
3. “Respectful Spaces Bylaw 2024 No. 7381” pass third reading.

Bylaw Notice Enforcement Amendment Bylaw 7159.20

That:

1. “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.20 (a bylaw to assign fines for violations against the Respectful Spaces Bylaw) pass first reading.
2. “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.20” pass second reading.
3. “Bylaw Notice Enforcement Amendment Bylaw 2024 No. 7159.20” pass third reading.

c.

Officer Designation and Delegation of Authority Amendment Bylaw

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

Purpose:  To reference staff’s delegated authority in the Respectful Spaces Bylaw and Revitalization Tax Exemption Bylaws within the Officer Designation & Delegation of Authority Bylaw and to update staff title changes.

Presentation:

1. Karen Robertson, Deputy Corporate Officer, Legislative Services.

Recommendation:

1. That “Officer Designation and Delegation of Authority Amendment Bylaw 2024 No. 7353.02” (a bylaw to reference the Respectful Spaces Bylaw and Revitalization Tax Exemption Bylaws within Schedule “A” and to update staff titles) pass first reading.
2. That “Officer Designation and Delegation of Authority Amendment Bylaw 2024 No. 7353.02” pass second reading.
3. That “Officer Designation and Delegation of Authority Amendment Bylaw 2024 No. 7353.02” pass third reading.

d.

Downtown Revitalization Tax Exemption Program

To be introduced by Laura Mercer, General Manager, Corporate Services.

Purpose:  To present Council with a new Revitalization Tax Exemption Bylaw for the Downtown.

Recommendation:

1. That “Revitalization Tax Exemption Bylaw (Downtown) 2024 No. 7384” (a bylaw to establish a revitalization tax exemption program for the downtown for a five-year period) pass first reading;
2. That “Revitalization Tax Exemption Bylaw (Downtown) 2024 No. 7384” pass second reading; and
3. That “Revitalization Tax Exemption Bylaw (Downtown) 2024 No. 7384” pass third reading. 

e.

Hotel and Motel Revitalization Tax Exemption Program

To be introduced by Laura Mercer, General Manager, Corporate Services.

Purpose:  To present Council with a new Revitalization Tax Exemption Bylaw for Hotels and Motels.

Recommendation:  

1. That “Revitalization Tax Exemption Bylaw (Hotel and Motel) 2024 No. 7385” (a bylaw to establish a revitalization tax exemption program for the hotels and motels for a five-year period) pass first reading;
2. That “Revitalization Tax Exemption Bylaw (Hotel and Motel) 2024 No. 7385” pass second reading; and
3. That “Revitalization Tax Exemption Bylaw (Hotel and Motel) 2024 No. 7385” pass third reading.

f.

Amendment of Project under the Revitalization Tax Exemption Bylaw 2018 No. 7261 - 220 Haliburton Street

To be introduced by Laura Mercer, General Manager, Corporate Services.

Purpose:  To obtain Council approval to amend the Tax Exemption Agreement for a multi-family development at 220 Haliburton Street.

Recommendation:  That Council approve the amended Revitalization Tax Exemption Agreement for a proposed four-unit multi-family development at 220 Haliburton Street.

g.

Land Use Contracts Review

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To provide an update to Council of Staff’s review of existing Land Use Contracts in the City of Nanaimo in advance of the forthcoming provincial termination of Land Use Contracts on 2024-JUN-30, and to seek Council direction to bring forward a Zoning Bylaw amendment bylaw and associated administrative bylaw amendments.

Recommendation:  That Council direct Staff to bring forward:

1. a Zoning Bylaw amendment to rezone 1681 Boundary Avenue and 1600 Dufferin Crescent to align zoning with the existing multiple family dwelling use, and 398 Bruce Avenue to align zoning with the existing office use; and,
2. any associated administrative bylaw amendments following the termination of Land Use Contracts on 2024-JUN-30.

h.

Rezoning Application No. RA500 - 330 & 338 Ninth Street

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present Council with an application to rezone 330 and 338 Ninth Street from Single Dwelling Residential (R1) to Low Density Residential (R6) with a site-specific density to allow a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2024 No. 4500.225” (to rezone 330 and 338 Ninth Street from Single Dwelling Residential [R1] to Low Density Residential [R6] with a site-specific Floor Area Ratio) pass first reading;
2. “Zoning Amendment Bylaw 2024 No. 4500.225” pass second reading;
3. “Zoning Amendment Bylaw 2024 No. 4500.225” pass third reading; and,
4. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2024 No. 4500.225” as outlined in the “Conditions of Rezoning” section of the Staff Report titled "Rezoning Application No. RA500 - 330 & 338 Ninth Street", dated 2024-JUN-17, prior to final adoption.

1.

Add - Delegation from Andrea Scott

2.

Add - Delegation from Joe Gogo

3.

Add - Delegation from Mark J. Hayman

i.

Rezoning Application No. RA495 and Highway Closure Application No. LD4291 - 266, 268 Bryden Street, 251, 255 Mt Benson Street, and 250 Terminal Avenue North

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration an application to rezone 266, 268 Bryden Street, 251, 255 Mt Benson Street, and 250 Terminal Avenue North from Single Dwelling Residential (R1), Medium Density Residential (R8), Mixed Use Corridor (COR2), and Community Corridor (COR3) to Comprehensive Development District Zone Fourteen (CD14), to facilitate a personal care facility and affordable housing development; and,

To obtain Council’s approval to close a portion of Bryden Street adjacent to 266 and 268 Bryden Street and obtain approval to enter into a Land Exchange Agreement with the owner of 268 Bryden Street, 255 Mt Benson Street, and 250 Terminal Avenue North to dedicate a part of the properties for road in exchange for the road closure area.

Delegations:

1. Nancy Mitchell and Karen Kuwica, Newcastle Community Association
2. Collen Middleton, Nanaimo Area Public Safety Association (NAPSA) 
3. Peter Giovando
4. Sandy Bartlett

Recommendation: 

Rezoning

That:

1. “Zoning Amendment Bylaw 2024 No. 4500.226” (to rezone 266, 268 Bryden Street, 251, 255 Mt Benson Street, and 250 Terminal Avenue North from Single Dwelling Residential [R1], Medium Density Residential [R8], Mixed Use Corridor [COR2], and Community Corridor [COR3] to Comprehensive Development District Zone Fourteen [CD14]) pass first reading;
2. “Zoning Amendment Bylaw 2024 No. 4500.226” pass second reading;
3. “Zoning Amendment Bylaw 2024 No. 4500.226” pass third reading; and,
4. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2024 No. 4500.226”, as outlined in the “Conditions of Rezoning” section of the Staff Report titled "Rezoning Application No. RA495 and Highway Closure Application No. LD4291 - 266, 268 Bryden Street, 251, 255 Mt Benson Street, and 250 Terminal Avenue North", dated 2024-JUN-17, prior to final adoption.

Highway Closure

That:

1. Council authorize the road closure and disposition of a portion of Bryden Street and direct Staff to enter into a Road Closure and Land Exchange Agreement;
2. “Highway Closure and Dedication Removal Bylaw 2024 No. 7372” (to provide for highway closure and dedication removal of a portion of Bryden Street adjacent to 266 and 268 Bryden Street) pass first reading;
3. “Highway Closure and Dedication Removal Bylaw 2024 No. 7372” pass second reading; and,
4. Council direct Staff to proceed with public notice for the closure and disposition of a portion of Bryden Street.

1.

Add - Delegation from Jose Wong, Jennifer Fox, Stuart Andrie and Ron Hart, BC Housing

j.

Development Permit Application No. DP1322 - 19 Nicol Street

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration a development permit application for the redevelopment of a personal care facility and social service resource centre at 19 Nicol Street.  

Recommendation:  That Council issue Development Permit No. DP1322 for a personal care facility and social service resource centre at 19 Nicol Street with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1322 - 19 Nicol Street", dated 2024-JUN-17.

k.

Development Permit Application No. DP1335 - 580 Rosehill Street

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration a development permit application for a multi-family development at 580 Rosehill Street.  

Recommendation:  That Council issue Development Permit No. DP1335 for a multi-family development at 580 Rosehill Street with variances as outlined in the “Proposed Variances” section of the Staff Report titled "Development Permit Application No. DP1335 - 580 Rosehill Street", dated 2024-JUN-17.

13.

BYLAWS:

a.

“Zoning Amendment Bylaw 2023 No. 4500.211”

That “Zoning Amendment Bylaw 2023 No. 4500.211” (to rezone 2453 Labieux Road from Single Dwelling Residential [R1] to Low Density Residential [R6] with site-specific height) be adopted.

b.

“Zoning Amendment Bylaw 2024 No. 4500.223”

That “Zoning Amendment Bylaw 2024 No. 4500.223” (amendments to implement the Increasing Housing Options and Provincial Small-Scale Multi-Unit Housing legislation) be adopted.

c.

“Building Amendment Bylaw 2024 No. 7224.07”

That “Building Amendment Bylaw 2024 No. 7224.07” (amendments to implement the Increasing Housing Options and Provincial Small-Scale Multi-Unit Housing legislation) be adopted.

d.

“Fees and Charges Amendment Bylaw 2024 No. 7336.09”

That “Fees and Charges Amendment Bylaw 2024 No. 7336.09” (a bylaw to change electric vehicle charging connection fees) be adopted.

e.

“Highway Closure and Dedication Removal Bylaw 2024 No. 7370”

It is requested that Council hear anyone wishing to speak regarding “Highway Closure and Dedication Removal Bylaw 2024 No. 7370”.

That “Highway Closure and Dedication Removal Bylaw 2024 No. 7370” (to provide for highway closure and dedication removal of a portion of Northfield Road adjacent to 2300 Northfield Road) pass third reading.

f.

“Transit-Oriented Areas Designation Bylaw 2024 No. 7382”

That “Transit-Oriented Areas Designation Bylaw 2024 No. 7382” (to implement transit-oriented areas as required by Bill 47 – Housing Statutes and associated regulations) be adopted.

14.

CORRESPONDENCE:

15.

NOTICE OF MOTION:

16.

OTHER BUSINESS:

a.

RCMP Annual Performance Plan

That Council supports the Nanaimo RCMP 2024 Community priority issues as presented on 2024-MAY-06 and as listed below:

1. Crime Reduction
2. Employee Wellness
3. Inclusion and Reconciliation
4. Community Public Safety
5. Recruiting

b.

Add - Union of BC Municipalities Annual Convention Resolution - Strengthening the Legislation for Alternative Approval Processes

That Council direct Staff to submit the following resolution to the Union of British Columbia Municipalities for consideration at their 2024 Annual General Meeting:

"WHEREAS the Alternative Approval Process as a means to obtain approval of the electors as outlined in Section 86 of the Community Charter is lacking clarity as it relates to public notice requirements stated in Section 94.2;

AND WHEREAS the document “Alternative Approval Process: A Guide for Local Governments in British Columbia” states that “local governments may choose to allow electors to submit response forms by e-mail or by fax” but provides no clear process or guidelines though noting that these electronic response forms are not covered by provincial legislation;  

THEREFORE BE IT RESOLVED that the Province of British Columbia amend the legislation in the Community Charter pertaining to Alternative Approval Processes to clarify: 

1. how Section 94.2 interacts with Section 86 in terms of publication of the first and second notice;
2. the timing as to whether a local government can receive a completed elector response form before the second publication; and
3. clear requirements for accepting elector response forms electronically including:
   1. acceptable methods of receipt;
   2. whether electronic elector response forms require an original copy to be submitted with the original signature; and,
   3. if electronic elector response forms are received and an original copy is required if the original copy must also be received before the deadline."

17.

QUESTION PERIOD:

18.

ADJOURNMENT: