AGENDA
REGULAR COUNCIL MEETING

Monday, December 06, 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 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;

(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 Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2021-OCT-21, at 7:00 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 Monday, 2021-NOV-15, at 4:00 p.m.

c.

Minutes

Minutes of the Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2021-NOV-18, at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

City of Nanaimo Winter Preparedness

Dave Thompson, Manager, Roads and Traffic Services, and Charlotte Davis, Manager, Parks Operations, to provide Council with a PowerPoint presentation regarding winter preparedness for 2021/2022 in the City of Nanaimo.

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2021-JUN-10, at 5:00 p.m.

b.

Minutes

Minutes of the Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2021-JUN-24, at 5:00 p.m.

c.

Minutes

Minutes of Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2021-JUL-29, at 5:00 p.m.

d.

Minutes

Minutes of Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2021-AUG-12, at 5:00 p.m.

e.

Minutes

Minutes of the Advisory Committee on Accessibility and Inclusiveness held virtually on Wednesday, 2021-SEP-22, at 4:00 p.m.

f.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Friday, 2021-OCT-29 at 9:00 a.m. 

g.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2021-NOV-03.

h.

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, 2021-NOV-08, at 1:00 p.m.

i.

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-NOV-17 at 9:00 a.m.

j.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Friday, 2021-NOV-19 at 9:00 a.m.

k.

Minutes

Minutes of the Special Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2021-NOV-22 at 3:23 p.m.

10.

CONSENT ITEMS:

a.

Special Finance and Audit Committee Recommendations 2021-NOV-19

[Note:  A link to the 2021-NOV-19 Special Finance and Audit Committee Agenda has been provided for information.]

1.

Buttertubs Bridge Project

That Council remove the Buttertubs Pedestrian Bridge project from the 2022 – 2026 Financial Plan.

2.

Albert & Fourth Complete Streets

That Council reduce the scope of the Fourth and Albert Complete Street Phase 2 project to Pine Street to Milton Street and increase the budget by $400,000 in the 2022 – 2026 Financial Plan. 

3.

Manager, Financial Services

That Council add a Manager, Financial Services & Special Projects position to the 2022 – 2026 Financial Plan effective April 1, 2022.  

4.

Supervisor, Technical Support Position

That Council add a Supervisor, Technical Support position to the 2022 – 2026 Financial Plan effective April 1, 2022.

5.

Police Support Services: Support Staff Resourcing Plan

That Council add 15 Police Support positions over the next 5 years as outlined in the ideal staffing scenario to the 2022 – 2026 Financial Plan effective April 1, 2022.  

6.

RCMP – Bike Patrol

That Council add 4 additional RCMP Bike Patrol members to the 2022 – 2026 Financial Plan effective April 1, 2022.  

7.

Aquatics Development Plan

That Council add the Aquatics Development Plan to the 2022 – 2026 Financial Plan effective January 2022.

8.

Parks and Trails and Natural Areas – Lead Supervisor

That Council add a Parks, Trails and Natural Areas – Lead Supervisor position to the 2022 – 2026 Financial Plan effective February 15, 2022.  

9.

Parks Maintenance Worker – Playgrounds

That Council add a Parks Maintenance Worker – Playgrounds position to the 2022 – 2026 Financial Plan effective April 1st, 2022.  

10.

National Indigenous Peoples Day and Truth and Reconciliation Day

That Council add $60,000 in annual funding to support events for National Indigenous People Day & Truth and Reconciliation Day to the 2022 – 2026 Financial Plan.

b.

Governance and Priorities Committee Recommendations 2021-NOV-22

[Note:  A link to the 2021-NOV-22 Governance and Priorities Committee Meeting has been provided for information.]

1.

Bus Stop Shelter and Bench Strategy

That the City of Nanaimo engage with BC Transit and the Regional District of Nanaimo (RDN) on the topic of developing a long-term transit shelter deployment plan, and return to Council with a report by 2022-JAN-30.  

c.

Special Finance and Audit Committee Recommendations 2021-NOV-22

[Note:  A link to the 2021-NOV-22 Special Finance and Audit Committee Meeting has been provided for information.]

1.

Refuse Truck Optimization 

That Council direct Staff to:

1. Replace department owned diesel units #317 & #318 with fleet owned CNG units.
2. Lease a CNG refuse truck to replace unit #317 until new unit arrives.
3. Shorten the life‐cycle on all fleet owned units to 8 years.

11.

DELEGATIONS:

12.

REPORTS:

a.

Development Permit Application No. DP1204 - 25 Spyglass Lookout

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

Purpose:  To present for Council’s consideration, a development permit application for a single residential dwelling within the aquatic setback at 25 Spyglass Lookout.

Delegations:

1. Mark Kelly
2. Alfredo Tura
3. Armando Tura
4. Chris Zamora
5. Corinne Brolewicz
6. Greg Herringer
7. Theresa van der Goes
8. Jim Harris
9. Ken Crystal

Recommendation:  That Council issue Development Permit No. DP1204 at 25 Spyglass Lookout with the following variances to:

• reduce the minimum required watercourse setback from the natural boundary of the sea for a single residential dwelling from 15.0m to 6.4m;
• reduce the minimum required watercourse setback from the natural boundary of the sea for above-ground servicing from 15.0m to 0.0m; and,
• reduce the minimum required number of off-street parking spaces from 2 to 0

b.

Official Community Plan Amendment Applicaton No. OCP96 - Bowers District Master Plan

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

Purpose:  To present for Council’s consideration, an Official Community Plan amendment to include the Bowers District Master Plan as a schedule to the “Official Community Plan Bylaw 2008 No. 6500” to guide the long-term redevelopment of the property located at 6261 Hammond Bay Road.

Presentation:

1. Evan Peterson, Barefoot Planning.

Recommendation:  That:

1. “Official Community Plan Amendment Bylaw 2021 No. 6500.045” (to include the Bowers District Master Plan as Schedule M of the “Official Community Plan Bylaw 2008 No. 6500”) pass first reading; and
2. “Official Community Plan Amendment Bylaw 2021 No. 6500.045” pass second reading.

c.

Official Community Plan Amendment Application No. OCP98 - 30 Maki Road

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

Purpose:  To present for Council’s consideration an amendment to the “Official Community Plan Bylaw 2008 No. 6500” that would amend the OCP land use designation from Neighbourhood to Light Industrial; and amend the Chase River Neighbourhood Plan land use designation from Low-Medium Density Residential to Service Industrial Enterprise Area, to be consistent with the existing industrial use, and to allow flexibility for future development at 30 Maki Road.

Recommendation:  That:

1. “Official Community Plan Amendment Bylaw 2021 No. 6500.047” (To re-designate 30 Maki Road on the Official Community Plan Schedule A - Future Land Use Plan [Map 1] from ‘Neighbourhood’ to ‘Light Industrial;’ and to re-designate 30 Maki Road on the Chase River Neighbourhood Plan Schedule A – Future Land Use and Mobility from ‘Low-Medium Density Residential’ to ‘Service Industrial Enterprise Area’) pass first reading; and
2. “Official Community Plan Amendment Bylaw 2021 No. 6500.047” pass second reading.

d.

Development Permit Application No. DP1218 - 41 and 45 Haliburton Street

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

Purpose:  To present for Council’s consideration, a development permit application for a 38-unit multi-family residential development at 41 and 45 Haliburton Street

Recommendation:  That Council issue Development Permit No. DP1218 for a multi-family residential development at 41 and 45 Haliburton Street with the following variances to:

• increase the maximum allowable building height from 14.00m to 15.76m;
• reduce the minimum front yard setback for an underground parking structure from 1.8m to 0.9m; and,
• reduce the minimum refuse receptacle enclosure setback on the north property line from 3.00m to 1.45m.

e.

Bylaw Notice Enforcement Amendment - Fines for Brechin Boat Ramp Facilities Regulation Bylaw

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

Purpose:  To transfer the fine schedule from the Brechin Boat Ramp Facilities Regulation Bylaw into the Bylaw Notice Enforcement Bylaw and transfer the fee schedule to the Fees and Charges Bylaw.   

Recommendation:

Brechin Boat Ramp Facilities Regulation Amendment Bylaw

That:

1. “Brechin Boat Ramp Facilities Regulation Amendment Bylaw 2021 No. 7110.01” (To remove the fine and fee schedules and update the violation and penalty language) pass first reading.
2. “Brechin Boat Ramp Facilities Regulation Amendment Bylaw 2021 No. 7110.01“ pass second reading; and
3. “Brechin Boat Ramp Facilities Regulation Amendment Bylaw 2021 No. 7110.01” pass third reading.

Bylaw Notice Enforcement Amendment Bylaw

That:

1. “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.15” (To add the fine schedule associated with the Brechin Boat Ramp Facilities Regulation Bylaw) pass first reading.
2. “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.15” pass second reading; and
3. “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.15” pass third reading.

 Fees and Charges Bylaw

That:

1. “Fees and Charges Bylaw 2021 No. 7336” (To replace the fee schedule and add the Brechin Boat Ramp commercial permit fees) pass first reading.
2. “Fees and Charges Bylaw 2021 No. 7336” pass second reading.
3. “Fees and Charges Bylaw 2021 No. 7336” pass third reading.

f.

2022 - 2026 Financial Plan Bylaw

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Financial Plan Bylaw 2021 No. 7337” for first, second and third readings.

Recommendation:  That:

1.  “Financial Plan Bylaw 2021 No. 7337” (To confirm and adopt the 2022 – 2026 Financial Plan) pass first reading;
2.  “Financial Plan Bylaw 2021 No. 7337” pass second reading; and,
3.  “Financial Plan Bylaw 2021 No. 7337” pass third reading.

g.

Amendment To Rates and Charges for Water

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Waterworks Rate and Regulation Amendment Bylaw 2021 No. 7004.17” for first, second and third readings.

Recommendation:  That:

1. “Waterworks Rate and Regulation Amendment Bylaw 2021 No. 7004.17” (To set the 2022 water rates) pass first reading;
2. “Waterworks Rate and Regulation Amendment Bylaw 2021 No. 7004.17” pass second reading; and,
3. “Waterworks Rate and Regulation Amendment Bylaw 2021 No. 7004.17” pass third reading.

h.

Amendment To Rates and Charges for Sanitary Sewer

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Sewer Regulation and Charge Amendment Bylaw 2021 No. 2496.34” for first, second and third readings.

Recommendation:  That:

1. “Sewer Regulation and Charge Amendment Bylaw 2021 No. 2496.34” (To set the 2022 rates for sanitary sewer) pass first reading;
2. “Sewer Regulation and Charge Amendment Bylaw 2021 No. 2496.34” pass second reading; and,
3. “Sewer Regulation and Charge Amendment Bylaw 2021 No. 2496.34” pass third reading.

i.

Amendment To Bulk Water Rates for South West Extension

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “South West Bulk Water Rate Amendment Bylaw 2021 No. 7099.10” for first, second and third readings.

Recommendation:  That:

1. “South West Bulk Water Rate Amendment Bylaw 2021 No. 7099.10” (To set the 2022 bulk water rates for South West Extension) pass first reading;
2. “South West Bulk Water Rate Amendment Bylaw 2021 No. 7099.10” pass second reading; and,
3. “South West Bulk Water Rate Amendment Bylaw 2021 No. 7099.10” pass third reading.

j.

Amendment To User Fee Subsidies

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “User Fee Subsidies Amendment Bylaw 2021 No. 7095.03” for first, second and third readings.

Recommendation:  That:

1. “User Fee Subsidies Amendment Bylaw 2021 No. 7095.03” (To set the 2022 thresholds for User Fee Subsidies) pass first reading;
2. “User Fee Subsidies Amendment Bylaw 2021 No. 7095.03” pass second reading; and,
3. “User Fee Subsidies Amendment Bylaw 2021 No. 7095.03” pass third reading.

k.

Amendments To Rates and Charges for Municipal Solid Waste Collection

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Municipal Solid Waste Collection Amendment Bylaw 2021 No. 7128.13”, and recommend for first, second and third readings.

Recommendation:  That:

1. “Municipal Solid Waste Collection Amendment Bylaw 2021 No. 7128.13” (To update the bylaw for solid waste collection and set the rates for 2022) pass first reading;
2. “Municipal Solid Waste Collection Amendment Bylaw 2021 No. 7128.13”, pass second reading; and,
3. “Municipal Solid Waste Collection Amendment Bylaw 2021 No. 7128.13”, pass third reading.

l.

Province of BC Local Government Infrastructure Planning Grant Program

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To obtain a Council resolution for the proposed submission to the Province of BC Local Government Infrastructure Planning Grant Program.

Recommendation:  That Council approve submission of an application to the Local Government Infrastructure Planning Grant program for $10,000 for the Facility Asset Management Strategy.

m.

Automated Refuse Truck - Equipment Financing

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce a resolution for Council’s approval, which is required for staff to undertake equipment financing through the Municipal Finance Authority (MFA) to replace two second-hand diesel automated refuse trucks.

Recommendation:  That Council approve the borrowing of up to $975,600, with a maximum five (5) year term, through the Municipal Finance Authority’s (MFA) Equipment Financing Program to purchase two (2) compressed natural gas (CNG) automated refuse trucks.

n.

Appointment of Bylaw Enforcement Officer

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

Purpose:  To obtain Council approval to appoint Derek Rathy as a Bylaw Enforcement Officer.

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

o.

Sandstone Master Plan Official Community Plan Amendment Bylaw 6500.044 - Second Reading As Amended

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

Purpose:  To rescind and give second reading, as amended, to “Official Community Plan Amendment Bylaw 2021 No. 6500.044” to include the Sandstone Master Plan 2021 as Schedule B to the Amendment Bylaw.

Recommendation:  That Council:

1. rescind second reading of “Official Community Plan Amendment Bylaw 2021 No. 6500.044”; and,
2. give second reading, as amended, to “Official Community Plan Amendment Bylaw 2021 6500.044” (to include the Sandstone Master Plan 2021 as Schedule B). 

13.

BYLAWS:

a.

"Zoning Bylaw Amendment Bylaw 2021 No. 4500.182"

That “Zoning Amendment Bylaw 2021 No. 4500.182” (To make general text and mapping amendments to “City of Nanaimo Zoning Bylaw 2011 No. 4500” be adopted.

b.

“Off-Street Parking Regulations Amendment Bylaw 2021 No. 7266.02”

That “Off-Street Parking Regulations Amendment Bylaw 2021 No. 7266.02” (To make general text amendments to “Off-Street Parking Regulation Bylaw 2018 No. 7266”) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

16.

QUESTION PERIOD:

17.

ADJOURNMENT: