AGENDA

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, December 17, 2018
Time:	5:00 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;

(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity;

(c) labour relations or other employee relations;

(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; 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 held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2018-DEC-06 at 7:00 p.m.

6.

MAYOR'S REPORT:

a.

Mid-Island Business Initiative - Launch Event

That Council approve Mayor Krog to attend the Mid-Island Business Initiative Launch Event on Wednesday, January 23, 2019, held in Vancouver, BC.

b.

Local Government Leadership Academy - Elected Official Seminar

1. That Council approve Councillors Armstrong, Hemmens and Thorpe to attend Session #1 of the Local Government Leadership Academy - Elected Officials Seminar on February 12 to 14, 2018, held in Parksville, BC.
2. That Council approve Councillor Bonner to attend Session #2 of the Local Government Leadership Academy - Elected Officials Seminar on February 13 to 15, 2018, held in Parksville, BC.

c.

Symposium on Water Stewardship in a Changing Climate

That Council approve Mayor Krog to attend the Symposium on Water Stewardship in a Changing Climate, held on April 3 and 4, 2018, in Parksville, BC.

7.

PRESENTATIONS:

8.

DELEGATIONS:

9.

CONSENT ITEMS:

a.

Advisory Committee Minutes

That Council receive, for information, the following Committee Minutes:

1. Special Community Engagement Task Force Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, Monday, 2018-NOV-06, at 4:30 p.m.

2. Community Engagement Task Force Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, Tuesday, 2018-NOV-27, at 4:30 p.m.

10.

REPORTS:

a.

Council Remuneration

To be introduced by Jake Rudolph, Chief Administrative Officer.

Purpose:  To seek direction from Council with remuneration options relating to the elimination of the one-third deemed tax exemption for members of Council, annual cost of living adjustments and a Council Spending and Amenity Policy review.

Recommendation:  That Council: 

1. adjust Council base salaries to compensate net pay for the 1/3 tax exemption effective 2019-JAN-01;
2. amend the “Council Spending and Amenities Policy” to include a provision to annually revise the base compensation for Mayor and Council by applying the BC Annual Percent Consumer Price Index to the prior year’s base compensation amount to a maximum of 2% per year; and,
3. Appoint an independent Council Remuneration task force to undertake a comprehensive review of Council compensation, Council Spending and Amenities Policy and any other related matters deemed appropriate by Council. The Council remuneration task force should be appointed no later than 2021 and submit its recommendations for implementation January 2023.

b.

2019 - 2023 Financial Plan Bylaw

To be introduced by Laura Mercer, Acting Director, Financial Services.

Purpose:  To introduce "Financial Plan Bylaw 2018 No. 7279" for first, second and third readings.

Recommendation:  That:

1. “Financial Plan Bylaw 2018 No. 7279” (To confirm and adopt the 2019 - 2023 Financial Plan), pass first reading;
2. “Financial Plan Bylaw 2018 No. 7279”, pass second reading; and
3. “Financial Plan Bylaw 2018 No. 7279”, pass third reading.

c.

Investing in Canada Infrastructure Program

To be introduced by Laura Mercer, Director, Financial Services.

Purpose:  To obtain a Council resolution for one application under the Community, Culture, and Recreation Stream of the Investing in Canada Infrastructure Program for the 2019-JAN-23 application deadline.

 

 

Delegation:

Bruce Halliday, General Manager/Director of Programming, Port Theatre, to speak regarding the completion of the Performing Arts Centre.

Recommendation:  That Council provide direction on which capital project they will endorse for application under the Community, Culture, and Recreation Stream of the Investing in Canada Infrastructure Program.

d.

Vancouver Island Exhibition - Approval of Lease for Exhibition Grounds

To be introduced by Richard Harding, Director, Parks and Recreation.

Purpose:  To obtain Council approval to issue a 25-year lease to the Vancouver Island Exhibition Association for 8,466 sq. m. (2.09 acres) of land at Beban Park to accommodate a new multi-purpose building and public space.

Recommendation: That Council:

1. approve a 25-year lease to the Vancouver Island Exhibition Association based on the terms and conditions outlined in the staff report; and,
2. authorize the Mayor and Corporate Officer to execute the lease agreement.

e.

Nanaimo Equestrian Association - Approval of Lease for Beban Park Equestrian Grounds

To be introduced by Richard Harding, Director, Parks and Recreation.

Purpose:  To obtain Council approval to grant a 10-year lease to the Nanaimo Equestrian Association for 9,134m² (2.26 acres) of land at the Beban Park Equestrian Centre.

Recommendation:  That Council:

1. approve a 10-year lease to the Nanaimo Equestrian Association; and,
2. authorize the Mayor and Corporate Officer to execute the lease.

f.

195 and 191 Fourth Street - Letter of Intent for Lease with Nanaimo Search and Rescue

To be introduced by Richard Harding, Director, Parks and Recreation.

Purpose:  To obtain Council approval to enter into a Letter of Intent with Nanaimo Search and Rescue to formalize a long-term lease at 195 and 191 Fourth Street.

Recommendation:  That Council:

1. direct the Corporate Officer to execute the Letter of Intent with Nanaimo Search and Rescue; and,
2. direct Staff to return to a future Council meeting for final approval of the lease once the conditions within the Letter of Intent have been satisfied.

g.

Property Gifting - 603 Nottingham Drive

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To obtain Council approval to accept a gifting of property located at 603 Nottingham Drive for park purposes and issue a tax receipt for the gifting of the property.

Recommendation:  That Council:

1. provide approval to accept a gifting of property located at 603 Nottingham Drive for park purposes; and,
2. direct Staff to issue a tax donation receipt for $70,000 to Cottle Creek Ventures Inc.

h.

Development Variance Permit Application No. DVP365 - 125 Front Street

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To present for Council’s consideration, a development variance permit to allow an animated freestanding sign in excess of the maximum sign area requirements at 125 Front Street.

It is requested that Council hear anyone wishing to speak with respect to DVP365 - 125 Front Street.

Recommendation:  That Council issue Development Variance Permit No. DVP365 at 125 Front Street with the following variances:

• allow an animated sign; and,
• increase the maximum sign area of a freestanding sign from 10m² to 30.46m²

i.

Development Variance Permit Application No. DVP367 - 550 Seventh Street

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To present for Council’s consideration, a development variance permit to allow an animated sign at 550 Seventh Street.

It is requested that Council hear anyone wishing to speak with respect to DVP367 - 550 Seventh Street.

Recommendation:  That Council issue Development Variance Permit No. DVP367 at 550 Seventh Street with a variance to allow an animated sign.

 

j.

Development Variance Permit Application No. DVP369 - 3135 Mexicana Road

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To present for Council’s consideration, a development variance permit to allow an animated sign at 3135 Mexicana Road.

It is requested that Council hear anyone wishing to speak with respect to DVP369 - 3135 Mexicana Road.

Recommendation:  That Council issue Development Variance Permit No. DVP369 at 3135 Mexicana Road with a variance to allow an animated sign.

k.

Development Variance Permit Application No. DVP372 - 124 Tait Road

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To present for Council’s consideration, a development variance permit application to allow an over-height accessory building at 124 Tait Road.

It is requested that Council hear anyone wishing to speak with respect to DVP372 - 124 Tait Road.

Recommendation:  That Council issue Development Variance Permit No. DVP372 at 124 Tait Road with the following variance:

• increase the maximum building height for an accessory building with a roof pitch less than 6:12 from 4.5m to 4.64m.

l.

Development Variance Permit Application No. DVP373 - 110 Fry Street

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To present for Council’s consideration, a request for an extension to the previously approved Development Variance Permit No. DVP373 in order to permit the temporary placement of two refrigerated shipping containers currently located on the subject property.

It is requested that Council hear anyone wishing to speak with respect to DVP373 - 110 Fry Street.

Recommendation:  That Council issue Development Variance Permit No. DVP373 for 110 Fry Street with the following variances:

• increase the maximum allowable size of a container from 20m² to 29.75m²;
• increase the length of time containers are permitted to be located on a property from 30 days within a calendar year to a maximum of four months;
• increase the maximum number of containers permitted on a property from one to two; and,
• reduce the rear yard setback from 7.5m to 4.5m for a building or structure in order to legalize the siting of two refrigerated shipping containers.

m.

Rezoning Application No. RA000404 - 5400 Dewer Road and 5431 Redmond Road

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To present Council with an application to rezone the properties located at 5400 Dewar Road, 5351 Redmond Road, and portions of the Redmond Road right-of-way in order to realign the existing zoning boundaries to correspond with the boundaries of a proposed subdivision and park dedication.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2018 No. 4500.130” (To rezone portions of the subject properties at 5400 Dewar Road, 5351 Redmond Road and the adjacent Redmond Road right-of-way from:
   
   • Single Dwelling Residential [R1] to Steep Slope Residential [R10] and Parks, Recreation and Culture One [PRC-1]; and,
   • Steep Slope Residential [R10] to Parks, Recreation and Culture One [PRC-1]) pass first reading.
2. “Zoning Amendment Bylaw 2018 No. 4500.130” pass second reading.

n.

Proposed Road Closure - Part of Redmond Road Adjacent to 5400 Dewar Road and 5351 Redmond Road

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To obtain Council approval for a proposed road closure and disposition of a portion of Redmond Road to the owner of 5400 Dewar Road and 5351 Redmond Road.

Recommendation:  That:

1. Council authorize the road closure and disposition of a portion of Redmond Road adjacent to 5400 Dewar Road and 5351 Redmond Road;
2. Mayor and Corporate Officer execute the conditional Road Closure and Sale Agreement;
3. Council direct Staff to proceed with public notice of closure and disposition of a portion of Redmond Road;
4. “Highway Closure and Dedication Removal Bylaw 2018 No. 7275” (To provide for highway closure and dedication removal of a portion of Redmond Road adjacent to adjacent to 5400 Dewar Road and 5351 Redmond Road) pass first reading; and ,
5. “Highway Closure and Dedication Removal Bylaw 2018 No. 7275” pass second reading.

o.

2019 Temporary Outdoor Public Art Recommendations

To be introduced by Dale Lindsay, Director, Community Development.

Purpose:  To obtain Council approval of the 2019 Temporary Outdoor Public Art recommendations.

Recommendation:  That Council approve the ten 2019 Temporary Outdoor Public Art selections totaling $28,000, recommended by the 2019 selection panel.

11.

BYLAWS:

a.

"Sewer Regulation and Charge Amendment Bylaw 2018 No. 2496.31"

That “Sewer Regulation and Charge Amendment Bylaw 2018 No. 2496.31” (To set the 2019 rates for sanitary sewer) be adopted.

b.

"Waterworks Rate and Regulation Amendment Bylaw 2018 No. 7004.14"

That “Waterworks Rate and Regulation Amendment Bylaw 2018 No. 7004.14” (To set the 2019 water rates) be adopted.

c.

"South West Bulk Water Rate Amendment Bylaw 2018 No. 7099.07"

That South West Bulk Water Rate Amendment Bylaw 2018 No. 7099.07” (To set the 2019 bulk water rates for South West Extension) be adopted.

d.

"Municipal Solid Waste Collection Amendment bylaw 2018 No. 7128.10"

That “Municipal Solid Waste Collection Amendment Bylaw 2018 No. 7128.10” (To update the bylaw for the implementation of automated garbage collection and set the rates for 2019) be adopted.

e.

“Housing Agreement Bylaw 2018 No. 7276”

That “Housing Agreement Bylaw 2018 No. 7276” (To authorize a housing agreement between the City of Nanaimo and the Nanaimo Affordable Housing Society pertaining to 20 Prideaux Street) be adopted.

f.

“Housing Agreement Bylaw 2018 No. 7277”

That “Housing Agreement Bylaw 2018 No. 7277” (To authorize a housing agreement between the City of Nanaimo and the Vancouver Island Mental Health Society pertaining to 285 Rosehill Street) be adopted.

g.

“Housing Agreement Bylaw 2018 No. 7278”

That “Housing Agreement Bylaw 2018 No. 7278” (To authorize a housing agreement between the City of Nanaimo and the Nanaimo Affordable Housing Society pertaining to 10 Buttertubs Drive) be adopted.

h.

Bylaw Status Sheet (for information only)

12.

CORRESPONDENCE:

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

a.

Correspondence from the Association of Vancouver Island and Coastal Communities regarding the 2019 Annual General Meeting and Convention

15.

QUESTION PERIOD:

16.

ADJOURNMENT: