MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, July 10, 2023

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;
(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;
(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,

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 Monday 2023-JUN-05, at 4:30 p.m.

b.

Minutes

Minutes of the Special Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-JUN-14 at 11:41 a.m.

c.

Minutes

Minutes of the Special Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2023-JUN-15, at 7:00 p.m.

d.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-JUN-19 at 3:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-JUN-12, at 1:00 p.m.

b.

Minutes

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-JUN-26, at 1:00 p.m.

10.

CONSENT ITEMS:

a.

Governance and Priorities Committee Meeting 2023-JUN-26

[Note: a link to the 2023-JUN-26 Governance and Priorities Committee Meeting Agenda is attached for information.] 

1.

Ethics Commissioner Appointment Options

That Council:

1. Retain the status quo of utilizing an ad-hoc Commissioner to investigate any informal and formal complaints; and
2. Direct staff to establish an Ethics Commissioner line item within the 2024 – 2028 Financial Plan for $107,000 to cover the costs associated with complaint and investigation processing and four one-hour digital seminars on governance matters with Council.

2.

Revised Integrated Action Plan

That Council endorse the revised Integrated Action Plan as presented in Attachment A of the report titled “Revised Integrated Action Plan”, dated 2023-JUN-26, that Staff integrate the language around the Doughnut Economic Framework in Actions 173 through 175, and recommend that Council use the information to guide and inform annual budget considerations.

11.

DELEGATIONS:

a.

Gordon Fuller, Nanaimo 7-10 Club Society re: Joint Salvation Army/ 7-10Club Society Breakfast Distribution

b.

Add - Delegation from Bern Muller, Salvation Army New Hope Centre  re:  the Breakfast Meal Program

c.

Add - Delegation from Ben Glassen re: East Wellington Farm Park

12.

REPORTS:

a.

Development Variance Permit Application No. DVP452 - 1150 Terminal Avenue N

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

Purpose:  To present for Council’s consideration, a Development Variance Permit to allow LED signage at an existing Burger King Restaurant at 1150 Terminal Avenue North.

It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP452 - 1150 Terminal Avenue N.

Recommendation:  That Council issue Development Variance Permit No. DVP452 at 1150 Terminal Avenue North to allow the installation of two LED signs with a variance as outlined in the “Proposed Variance” section of the Staff Report dated 2023-JUL-10.

b.

Development Permit Application No. DP1293 - 582 Bradley Street

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

Purpose:  To present for Council’s consideration a development permit application for a multi-family development at 582 Bradley Street. 

Recommendation:  That Council issue Development Permit No. DP1293 for a five-unit multi-family development at 582 Bradley Street with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2023-JUL-10 titled "Development Permit Application No. DP1293 - 582 Bradley Street".

1.

Add - Delegation from Raymond de Beeld

c.

Development Permit Application No. DP1284 - 380 and 385 Watfield Avenue

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

Purpose:  To present for Council's consideration a development permit application for a multi-family development at 380 and 385 Watfield Avenue.

Recommendation:  That Council issue Development Permit No. DP1284 for a multi-family residential development at 380 and 385 Watfield Avenue with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2023-JUL-10 titled "Development Permit Application No. DP1284 - 380 and 385 Watfield Avenue".

d.

Development Permit Application No. DP1235 - 3401 Barrington Road

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

Purpose:  To present for Council’s consideration a development permit application for a 26-unit multi-family development at 3401 Barrington Road.  

Recommendation:  That Council issue Development Permit No. DP1235 for a 26-unit multi-family development at 3401 Barrington Road with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2023-JUL-10.

e.

Liquor Licence Application No. LA154 - Unit 2, 5771 Turner Road

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

Purpose:  To present for Council’s consideration a new liquor primary licence application for an existing Nail Spa located at Unit 2, 5771 Turner Road.

Recommendation:  That Council receive the report and recommend that the Liquor and Cannabis Regulation Branch (LCRB) approve the application for a liquor-primary licence at Unit 2, 5771 Turner Road (Posh Nails Spa).

1.

Add - Delegation from Dave Dinh

f.

Provincial Community Safety and Wellbeing Grant Funds

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

Purpose:  To inform and receive Council’s approval for a proposal to utilize $75,000 of Provincial Funding to evaluate the impact and progress of the Downtown Community Safety Action Plan, and the feasibility of enhancing and expanding the plan to be a community-wide initiative.

Recommendation:  That Council direct staff to proceed with utilizing the Provincial Community Safety and Wellbeing grant funds to conduct an evaluation of the Downtown Nanaimo Community Safety Action Plan, and the feasibility of enhancing and expanding the plan to be a City-wide initiative.

13.

Add - New Agenda Heading 13. "CORRESPONDENCE:" and Reorder Subsequent Agenda Headings. 

a.

Add - Correspondence dated 2023-JUL-07 from Tom McCarthy, Deputy Minister re: Rezoning Application No. RA475

14.

BYLAWS:

a.

"Fees and Charges Amendment Bylaw 2023 No.7336.05"

That "Fees and Charges Amendment Bylaw 2023 No. 7336.05" (a bylaw to include the facility admission rates and other associated fees) be adopted. 

b.

Add - "Zoning Amendment Bylaw 2022 No. 4500.204"

That "Zoning Amendment Bylaw 2022 No. 4500.204” (to rezone 444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue from Medium Density Residential [R8] and Gateway [DT12] to Comprehensive Development District Zone Seven [CD7] and to amend the CD7 zone with new zoning regulations, to facilitate a mixed-use development and subdivision) be adopted.

c.

Add - "Land Use Contract Discharge Bylaw 2022 No. 7355"

That “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road) be adopted.

15.

NOTICE OF MOTION:

16.

OTHER BUSINESS:

17.

QUESTION PERIOD:

18.

ADJOURNMENT: