MERGED AGENDA 

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, July 22, 2019
Time:	4:00 p.m. to Proceed "In Camera, Open Meeting to reconvene at 7:00 p.m.
Location:	SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE 80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS 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;

(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; 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 Special Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-JUN-24, at 1:00 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 Thursday, 2019-JUL-04, at 7:00 p.m.

c.

Minutes

Minutes of the Regular Council Meeting, Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-JUL-08, at 4:30 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

a.

Dale Harvey, Chair, Nanaimo Senior's Task Force, and Kenn Hemple, Member, Nanaimo Senior's Task Force

Dale Harvey, Chair, Nanaimo Senior's Task Force, and Kenn Hemple, Member, Nanaimo Senior's Task Force, to provide Council with a presentation regarding the final consultation results of the "Nanaimo Age-Friendly City Plan (2019-2023).

8.

DELEGATIONS:

9.

CONSENT ITEMS:

a.

Advisory Committee Minutes

1.

Minutes of the Regular Committee of the Whole Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2019-MAR-25, at 4:30 p.m.

2.

Minutes of the Finance and Audit Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2019-MAY-15, at 9:00 a.m.

3.

Minutes of the Governance and Priorities Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Monday, 2019-JUN-10, at 3:00 p.m.

 

 

b.

Committee Recommendations

1.

Approval of the Nanaimo RCMP Detachment Annual Policing Priorities 2019-JUL-08

[Note: A link to the Presentation from the Regular Council Meeting, 2019-JUL-08 by Supt. C. Miller, OIC, RCMP, Nanaimo Detachment is provided for information.]

1. That Council approve the Nanaimo RCMP Detachment Annual 2018/2019 Policing Priorities as follows:

• Violence in Relationships
• Crime Reduction
• Road Safety
• Youth
• Community Engagement

2.

Approval of the Committee of the Whole Recommendations 2019-JUL-15:

[Note:  A link to the Agenda for the 2019-JUL-15 Committee of the Whole meeting is attached for reference.]

1.

Terms of Reference: Environment Committee

That Council adopt the Terms of Reference for the Environment Committee.

2.

Councillor Hemmens Motion regarding Letter to the Ministry of Education regarding Library Funding

That Council direct the Mayor, on behalf of Council, write a letter to Minister Fleming asking that the BC Government restore library funding to a minimum of $20 million annually to reflect inflationary and population increases and recommit to a progressive funding approach, reflecting the role of public libraries in achieving the goals of the Province and our communities. 

3.

Approval of the Finance and Audit Committee Recommendation 2019-JUL-17

[Note:  A link to the Agenda for the 2019-JUL-17 Finance and Audit Committee meeting is attached for reference.]

1.

Heritage Home Grant Application - 18 Fourteenth Street

That Council approve a $2,500 Heritage Home Grant for the exterior repaint of the John Wilson Residence located at 18 Fourteenth Street.

2.

Changes to Serauxmen Stadium Field Lighting Project to LED Standard

That Council amend the 2019 – 2023 Financial Plan to increase the budget from $752,721 to $1,096,221 for the Serauxmen Stadium Field Lighting Project to provide for LED field lighting and electrical servicing upgrades to be funded from the Community Works Fund.

3.

Brookwood Pump Station Retrofit Project

That Council approve the addition of $250,000 to the 2019 year of the 2019-2023 Financial Plan for the Brookwood Pump Station Retrofit Project to be funded by Sewer Reserves.

4.

Haliburton Street Multi-Use Trailway Project

That Council approve the transfer of $300,000 from the Pedestrian Transportation Improvements Unallocated Fund and $157,000 from Water Infrastructure Projects Contingency Fund to fund the Haliburton Street Multi-use Trailway Project.

5.

2020 - 2024 Financial Plan Workshop

That Council direct Staff to proceed with the draft Waterfront Walkway plan as presented. 

That Council direct Staff to proceed with funding the Waterfront Walkway through debt servicing from property taxation.

6.

Reserve Policy Update

That Council endorse the summary of recommendations on page 43 of the report titled “City of Nanaimo Reserves Review Report“ as follows:

1. Establish the following new Operating Reserves:

a. General Financial Stability
b. Sewer Financial Stability
c. Water Financial Stability
d. Special Initiatives.

2.Establish new Statutory Reserves, approve related bylaws and transfer balances from corresponding Operating Reserves to new Statutory Reserves:

a. 911
b. Cart Replacement
c. Copier Replacement
d. Housing Legacy
e. Information Technology
f. NDSS Field Maintenance
g. Parking
h. Property Acquisition
i. Strategic Infrastructure
j. Sustainability

3. Establish new Emission Reduction Statutory Reserve and transfer balance from Regional Emission Reduction Reserve.

4. Eliminate the following reserves:

a. Allowance for Bad Debts
b. Colliery Dam
c. Firehall Improvements
d. Fire Training
e. Regional Emission Reduction
f. SNIC (two reserves combined into one reserve)
g. Traffic Fines
h. Uncollected Parking Revenues
i. Uncollected Taxes
j. Uninsured Claim
k. VI Fire Academy
l. Water Levelling

5. Transfer reserve balances as outlined in Appendix 4.

6. Approve the methodology for determining target balances for each reserve as outlined in Appendix 2 of this report.

7. Approve the Reserves Policy.

8. Direct staff to report annually to Council on the status of all City reserves as outlined in the Reserve Policy.

4.

Approval of the Governance and Priorities Committee Recommendations 2019-JUL-15

[Note:  A link to the Agenda from the Governance and Priorities Committee, 2019-JUL-15 is attached for reference.]

By unanimous consent the Governance and Priorities Committee added the following Governance and Priorities Committee meeting dates to their schedule:

• July 15, 29
• August 26
• September 9
• October 7, 28
• November 4, 25
• December 9

10.

REPORTS:

a.

City of Nanaimo Age Friendly City Plan

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

Purpose:  To obtain Council’s endorsement of the draft “Nanaimo Age-Friendly City Plan (2019-2023)”, to be included as a key component of the City of Nanaimo’s application to be recognized as an Age-Friendly British Columbia community.

Recommendation:  That Council:

1. endorse the “Nanaimo Age-Friendly City Plan (2019-2023)”;
2. direct Staff to submit the plan to the Province, as part of the City of Nanaimo’s application for age-friendly recognition; and,
3. acknowledge the Nanaimo Seniors Task Force as the lead agency in coordinating plan implementation.

b.

Routine Release of "In Camera" Information Policy Updates

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

Purpose:  To request that Council amend the Routine Release of "In Camera" Resolutions and Related Reports and Information Policy.

Recommendation:  That Council approve amendments to Routine Release of “In Camera” Resolutions and Related Reports and Information Policy.

c.

Proposed Bylaw Amendments to "Subdivision Control Bylaw 1989 No. 3260 Schedule 'A' - The Manual of Engineering Standards and Specifications

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

Purpose:  To introduce “Subdivision Control Amendment Bylaw 2019 No. 3260.04” and update the Manual of Engineering Standards and Specifications from Edition 11 to Edition 12.

Recommendation:

1. That “Subdivision Control Amendment Bylaw 2019 No. 3260.04“ (To amend Schedule A – Manual of Engineering Standards and Specifications) pass first reading;
2. That “Subdivision Control Amendment Bylaw 2019 No. 3260.04“ pass second reading; and,
3. That “Subdivision Control Amendment Bylaw 2019 No. 3260.04“ pass third reading.

d.

Appointment of Bylaw Enforcement and Animal Control Officers

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

Purpose:  To obtain Council approval to appoint Paul Drescher as a Bylaw Enforcement Officer – Parking Patrol, and Christian Roy and Graham Keeling as Animal Control Officers.

Recommendation:  That Council appoint Paul Drescher as a Bylaw Enforcement Officer, and Christian Roy and Graham Keeling as Animal Control Officers to enforce provisions of City of Nanaimo Bylaws.

e.

Development Variance Permit No. DVP386 - 1300 Princess Royal Avenue

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

Purpose:  To present for Council’s consideration a development variance permit application to waive the frontage works and services requirements for proposed improvements at 1300 Princess Royal Avenue.

Recommendation:  That Council issue Development Variance Permit No. DVP386 at 1300 Princess Royal Avenue to vary the “Building Bylaw 2016 No. 7224” to exempt the proposed improvements from the required works and services.

 

f.

Rezoning Application No. RA399 - 1534 Extension Road

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

Purpose:  To present Council with an application to rezone the property at 1534 Extension Road to allow an 11-unit multiple-family development.

Recommendation:

1. That “Zoning Amendment Bylaw 2019 No. 4500.134” (To rezone 1534 Extension Road from Single Dwelling Residential [R1] to Townhouse Residential [R6] with site-specific provisions to increase the maximum permitted floor area ratio) pass first reading;
2. That “Zoning Amendment Bylaw 2019 No. 4500.134” pass second reading; and,
3. That Council direct Staff to secure the community contribution, works and services covenant, and road dedication prior to the adoption of the bylaw, should Council support the bylaw at third reading. 

g.

Rezoning Application No. RA431 - 50 Tenth Street

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

Purpose:  To present Council with an application to amend the existing zoning of the property located at 50 Tenth Street to allow “Cannabis Retail Store” as a site-specific use in the City Commercial Centre (CC3) zone.

Recommendation: That:

1. “Zoning Amendment Bylaw 2019 No. 4500.155” (To rezone 50 Tenth Street to allow “Cannabis Retail Store” as a site-specific use in the City Commercial Centre [CC3] zone) pass first reading;
2. “Zoning Amendment Bylaw 2019 No. 4500.155” pass second reading; and,
3. Council direct Staff to secure the amenity contribution and BC Liquor and Cannabis Regulation Branch approval prior to adoption of the bylaw, should Council support the bylaw at third reading.

11.

BYLAWS:

a.

“Management Terms and Conditions of Employment Bylaw 2019 No. 7273"

That “Management Terms and Conditions of Employment Bylaw 2019 No. 7273” (To establish the terms and conditions of employment for officers and excluded employees of the City) be adopted.

b.

"Zoning Amendment Bylaw 2019 No. 4500.131"

That "Zoning Amendment Bylaw 2019 No. 4500.131" (To rezone 4900 Island Highway North in order to permit site-specific automobile sales, service, and rental use) be adopted.

c.

Bylaw Status Sheet (For Information Only)

12.

CORRESPONDENCE:

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

a.

Councillor Bonner Motion regarding Commercial Properties Along Bus Routes

During the Regular Council Meeting 2019-JUL-08, Councillor Bonner advised that he would be bringing forward the following motion for consideration at a future meeting.

That Council direct Staff to send a letter to all property owners of commercial properties along all bus routes in the City of Nanaimo reminding the owners of the following:

•  “Traffic and Highways Regulation Bylaw 1993. No. 5000” Section 3(21) titled “Trees over Highways” which reads “Every person being the owner or occupier of real property shall cause all trees, shrubs, or other vegetation to be properly trimmed and cut back, so as to prevent physical obstruction or visibility impairment to pedestrian and vehicle traffic on a sidewalk or highway."

And

• “Traffic and Highways Regulation Bylaw 1993. No. 5000” PART 3 Section 22(1) titled “Removal of Snow, Ice or Rubbish” which reads “Owners or occupiers of real property shall remove snow, ice or rubbish from the sidewalk and footpaths bordering the property owned or occupied by them within 24 hours of the accumulation of such snow, ice or rubbish on such sidewalk.”

And that both sections of the bylaw will be strictly enforced by ticketing without warning starting September 1, 2019.

15.

QUESTION PERIOD:

16.

ADJOURNMENT: