MERGED AGENDA
REGULAR COUNCIL MEETING

Tuesday, September 21, 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.

---

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;

(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; 

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 (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on 2021-JUL-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 2021-AUG-30 at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

a.

Design Advisory Panel Appointments

At the In Camera Council Meeting held 2021-AUG-30, Council appointed Jill Yuzwa and Angela Buick as at-large members on the Design Advisory Panel for a three year term. Councillor Brown was appointed as Council representative and Councillor Hemmens as alternate.

8.

PRESENTATIONS:

a.

Tourism Nanaimo Update

To be introduced by Richard Harding, General Manager, Parks, Recreation and Culture.

Presentation:

1. Jenn Houtby-Ferguson, Interim Manager, Tourism Nanaimo.

9.

COMMITTEE MINUTES:

10.

CONSENT ITEMS:

11.

DELEGATIONS:

12.

REPORTS:

a.

Mural De-accession - Maffeo Sutton Park Washroom Building

To be introduced by Richard Harding, General Manager, Parks, Recreation, and Culture.

Purpose:  To provide for Council’s consideration the proposed de-accession of a mural from the City of Nanaimo’s Public Art Collection. 

Recommendation:  That Council approve the de-accession of the following artworks from the City of Nanaimo Public Art collection: Dan Richey, Underwater Fantasy (2005).

b.

Climate Action Reserve Fund Bylaw

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Climate Action Reserve Fund Bylaw No. 7330” for first, second and third readings.

Recommendation:

1. That “Climate Action Reserve Fund Bylaw 2021 No. 7330” (To establish a Climate Action Reserve Fund)  pass first reading;
2. That “Climate Action Reserve Fund Bylaw 2021 No. 7330” pass second reading; and,
3. That “Climate Action Reserve Fund Bylaw 2021 No. 7330” pass third reading.

c.

10 Year Property Tax Exemption Bylaw for the Island Corridor Foundation (ICF)

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To award a cash grant for 2021 property taxes and approve a new 10-year permissive tax exemption, effective 2022, to the Island Corridor Foundation for the properties that became taxable in 2021.

Recommendation: 

1. That Council approve a cash grant of $114,301.55 for 2021 property taxes to the Island Corridor Foundation for the properties that became taxable in 2021.
2. That “Property Tax Exemption Bylaw (Island Corridor Foundation) 2021 No. 7331” (To provide a 10-Year Permissive Tax exemption, 2022 to 2031 inclusive) pass first reading;
3. That “Property Tax Exemption Bylaw (Island Corridor Foundation) 2021 No. 7331” pass second reading; and,
4. That “Property Tax Exemption Bylaw (Island Corridor Foundation) 2021 No. 7331” pass third reading.

d.

Consideration of New Permissive Tax Exemption Applications

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To obtain Council approval regarding new permissive tax exemption applications received for properties to be exempt from 2022 property taxes.

Recommendation:  That Council:

1. Award a permissive tax exemption for the 2022 tax year to the Nanaimo Association for Community Living for property owned at 3425 Uplands Drive;
2. Award a permissive tax exemption for the 2022 tax year to Woodgrove Senior Citizens Housing Society for property owned at 1145 Seafield Crescent;
3. Award a permissive tax exemption for the 2022 tax year to the Hai An Buddhist Society for property owned at 587 Seventh Street;
4. Award a permissive tax exemption for the 2022 tax year to the Nanaimo Affordable Housing Society for property owned at 858 Georgia Street;
5. Award a permissive tax exemption for the 2022 tax year to the Nanaimo Affordable Housing Society for property owned at 77 Mill Street;
6.  Award a permissive tax exemption for the 2022 tax year to the Nanaimo Affordable Housing Society for property owned at 10 Buttertubs Drive; and
7. Award a permissive tax exemption for the 2022 tax year to Trinity United Church for the property recently purchased at 6011 Doumont Road.

e.

Short-Term Rental Bylaw Amendments

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

Purpose:  To amend “Zoning Bylaw 2011 No. 4500” and “Off-Street Parking Regulations Bylaw 2018 No. 7266” in order to regulate and license short-term rental accommodations.

Recommendation:  

That:

1. “Zoning Amendment Bylaw 2021 No. 4500.186” (To regulate short-term rentals) pass first reading;
2. “Zoning Amendment Bylaw 2021 No. 4500.186” pass second reading;
3. “Off-Street Parking Regulations Amendment Bylaw 2021 No. 7266.01” (To require one parking space for a short-term rental use) pass first reading;
4. Off-Street Parking Regulations Amendment Bylaw 2021 No. 7266.01” pass second reading; and

That Council:

1. confirm a business licence is required for all short-term rentals, including bed and breakfasts, in Nanaimo; and
2. direct Staff to prepare an explanatory guide and operator declaration form for Nanaimo residents interested in operating a short-term rental, including a bed and breakfast.

1.

Add Delegation Nathan Rotman via Zoom

f.

Development Variance Permit Application No. DVP424 - 147 Swanson Road

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

Purpose:  To present for Council’s consideration, a development variance permit application to increase the maximum permitted floor area for all accessory buildings on an existing lot.

Delegation:

1. Blair & Deborah Yarocki

It is requested that Council hear anyone wishing to speak with respect to DVP424 - 147 Swanson Road.

Recommendation:  That Council issue Development Variance Permit No. DVP424 at 147 Swanson Road to increase the maximum permitted Gross Floor Area for all accessory buildings on the lot from 90.0m² to 563.4m².

g.

Development Permit Application No. DP1200 - 155 Fry Street

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

Purpose:  To present for Council’s consideration, a development permit application for a mixed-use residential and commercial building at 155 Fry Street.

Recommendation:  That Council issue Development Permit No. DP1200 for a mixed-use residential and commercial development at 155 Fry Street with the following variances to:

• increase the maximum allowable building height from 18.00m to 18.87m; and
• increase the maximum allowable percentage of small car parking spaces from 40% to 52%.

h.

Development Permit Application No. DP1215 - 1205 Ocean Pearl Terrace

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

Purpose:  To present for Council’s consideration a development permit renewal application for a multi-family residential development including a 25-unit apartment building and a five-plex at 1205 Ocean Pearl Terrace.

Recommendation:  That Council issue Development Permit No. DP1215 at 1205 Ocean Pearl Terrace for a 30 unit multi-family development with the following variances to:

• increase the maximum allowable building height from 9.0m to 11.2m for the apartment building;
• increase the maximum allowable building height from 9.0m to 10.05m for the five-plex building;
• reduce the minimum required front yard setback from 6.0m to 5.2m for the five-plex building, and
• reduce the minimum required front yard setback from 6.0m to 3.0m for the proposed bike storage building.

i.

Development Permit Application No. DP1217 - 30 and 32 Lorne Place

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

Purpose:  To present for Council’s consideration, a development permit application to add four townhouse units to the property at 30 and 32 Lorne Place.

Recommendation:  That Council issue Development Permit No. DP1217 at 30 and 32 Lorne Place to add four townhouse units with the following variances:

• increase the maximum allowable building height from 7m to 8.25m;
• reduce the minimum required rear yard setback from 7.5m to 2m (Units 1, 2 and 3);
• reduce the minimum required side yard setback from 3m to 1.5m (Unit 4)

j.

Development Permit Application No. DP1227 - 20 Barsby Avenue

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

Purpose:  To present for Council’s consideration, a development permit amendment application for an over-height retaining wall at 20 Barsby Avenue.

Recommendation:  That Council issue Development Permit No. DP1227 at 20 Barsby Avenue with a variance to increase the maximum allowable fence height from 3.00m up to 3.85m for a retaining wall.

13.

BYLAWS:

a.

“Fire Protection & Life Safety Amendment Bylaw 2021 No. 7108.03”

That “Fire Protection & Life Safety Amendment Bylaw 2021 No. 7108.03” (To give delegated authority to the Fire Chief to enter into First Responder Training Agreements with other local governments) be adopted.

b.

“Fees and Charges Amendment Bylaw 2021 No. 7041.04”

That “Fees and Charges Amendment Bylaw 2021 No. 7041.04” (To incorporate the fees associated with the Fire Protection & Life Safety Regulation Bylaw) be adopted.

c.

“Management Terms and Conditions of Employment Amendment Bylaw 2021 No. 7273.02”

That “Management Terms and Conditions of Employment Amendment Bylaw 2021 No. 7273.02” (To amend the provisions of the Management Terms and Conditions of Employment Bylaw 2019 No. 7273, to include the National Day for Truth and Reconciliation) be adopted.

d.

“Housing Agreement Bylaw 2021 No. 7326”

That “Housing Agreement Bylaw 2021 No. 7326” (To authorize a Housing Agreement to secure affordable housing at 6010 Hammond Bay Road) be adopted.

e.

"Animal Responsibility Bylaw 2021 No. 7316" 

That "Animal Responsibility Bylaw 2021 No. 7316" (To include provisions for animal welfare, control, licensing, duties of animal owners, penalties, and enforcement) be adopted.

f.

"Fees and Charges Amendment Bylaw 2021 No. 7041.02"

That "Fees and Charges Amendment Bylaw 2021 No. 7041.02" (To add Animal Control Fees) be adopted. 

g.

Bylaw Notice Enforcement Bylaw Amendment  - To Amend the Parks Recreation and Culture Fines and Add Fines and Associated with the Animal Responsibility Bylaw 

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

Purpose:  To introduce amendments to the Parks, Recreation and Culture Regulation Bylaw to remove sections that will be administered through the Animal Responsibility Bylaw and to amend the Bylaw Notice Enforcement Bylaw in order to assign fines for violations associated with the Animal Responsibility Bylaw.

Recommendation:

Bylaw Notice Enforcement Amendment Bylaw No. 7159.12

That “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.12” (To amend the fine schedule for the Parks, Recreation and Culture Bylaw and add a fine schedule for the Animal Responsibility Bylaw) pass first reading;

That “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.12” pass second reading;

That “Bylaw Notice Enforcement Amendment Bylaw 2021 No. 7159.12” pass third reading.

Parks, Recreation and Culture Regulation Bylaw No. 7073.08

That “Parks, Recreation and Culture Regulation Amendment Bylaw 2021 No. 7073.08” (To remove sections that will be administered under the Animal Responsibility Bylaw and replace the Violation and Penalty section) pass first reading;

That “Parks, Recreation and Culture Regulation Amendment Bylaw 2021 No. 7073.08” pass second reading;

That “Parks, Recreation and Culture Regulation Amendment Bylaw 2021 No. 7073.08” pass third reading.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Councillor Brown Motion re:  Supportive Housing Sites

At the 2021-AUG-30 Regular Council Meeting, Councillor Brown advised that he would be bringing forward the following motion for consideration:

That Staff identify two sites that could support supportive housing outside of Nanaimo's downtown and south end and return to Council for further direction.

b.

Councillor Armstrong and Councillor Brown Motion re:  Bicycle Storage Facilities

At the 2021-AUG-30 Regular Council Meeting, Councillor Armstrong and Councillor Brown advised that they would be bringing forward the following motion for consideration:

That Staff prepare a scope of work for a pilot project to install secured bicycle storage facilities in the downtown for funding consideration at the 2022 budget deliberations.

c.

Councillor Armstrong and Councillor Brown Motion re:  Chase River and Cinnabar Valley Mobility Plan

At the 2021-AUG-30 Regular Council Meeting, Councillor Armstrong and Councillor Brown advised that they would be bringing forward the following motion for consideration:

That a scope of work and possible funding options for a comprehensive Chase River and Cinnabar Valley mobility plan, that includes consideration of automobile, pedestrian, public transit, cycling and other accessible transportation modes, be prepared for the Governance and Priorities Committee Meeting on connectivity challenges in south Nanaimo.

d.

Councillor Geselbracht Notice of Motion re:  Zero Waste Circular Economy Strategy

At the 2021-AUG-30, Regular Council Meeting, Councillor Geselbracht advised that he would be bringing forward the following motion for consideration:

That the City of Nanaimo 2022 work plan include the development of a Zero Waste circular economy strategy that:

• seeks to leverage municipal powers to advance the regional goal of 90% diversion of waste from landfill by applying the framework of the zero waste hierarchy and the systems and process of Circular economy that eliminate waste and pollution, keep materials in circulation, and regenerate natural systems; and
• Includes investigating initiatives that improve access to recycling services and amenities, eliminate unnecessary single use items, implement deconstruction and sustainable demolition regulations, and support circular business entrepreneurship.

[Note:  Reference material provided for information.]

16.

QUESTION PERIOD:

17.

ADJOURNMENT: