MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, February 27, 2023

5:00 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.

---

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;
(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;
(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; 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 Regular Council Meeting held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-FEB-06 at 3:00 p.m.

b.

Minutes

Minutes of the Special Council (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC on Thursday, 2023-FEB-16 at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

9.

COMMITTEE MINUTES:

a.

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, 2022-NOV-23 at 9:00 a.m.

b.

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, 2022-NOV-30 at 9:00 a.m.

c.

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, 2022-DEC-14 at 9:00 a.m.

d.

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-JAN-23 at 1:00 p.m.

e.

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-FEB-13 at 1:00 p.m.

f.

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, 2023-FEB-15 at 9:00 a.m.

10.

CONSENT ITEMS:

a.

Governance and Priorities Committee Meeting 2023-FEB-13

[Note:  A link to the 2023-FEB-13 Governance and Priorities Committee Meeting agenda is attached for information.]

1.

Mayor's Leaders' Table Reimagined

That Council endorse the Mayor’s Leaders’ Table terms of reference as attached to the staff report dated 2023-FEB-13.  

2.

Council Representative to the Municipal Insurance Association of BC

That Council appoint Councillor Thorpe as Council Representative to the Municipal Insurance Association of BC until the end of the Council term to represent the City’s interest at any meeting of the Municipal Insurance Association of BC.

That Council appoint Councillors Armstrong and Geselbracht as alternate representatives to the Municipal Insurance Association of BC until the end of the Council term to represent the City’s interest at any meeting of the Municipal Insurance Association of BC.   

b.

Finance and Audit Committee 2023-FEB-15

[Note:  A link to the 2023-FEB-15 Finance and Audit Committee Meeting agenda is attached for information.]

1.

Terminal Avenue Corridor Upgrades Phase 1

That Council: 

1. Authorize the Mayor and Corporate Officer to enter into a Cost Share Agreement with the Ministry of Transportation and Infrastructure for the Terminal Avenue Corridor Upgrades Phase 1.
2. Increase the budget for the Terminal Avenue Corridor Upgrades Phase 1 project by $1,371,178 in 2023 funded by $805,054 from the General Asset Management Reserve Fund, $346,124 from the Water Asset Management Reserve Fund and $220,000 in private contributions.

2.

Consideration of New Permissive Tax Exemptions

That Council:

1. Award a Permissive Tax Exemption for the 2024 taxation year to the Boys and Girls Club Central Vancouver Island, for the portion of the property that it leases at 1985 Boxwood Road.
2. Award a Permissive Tax Exemption Cash Grant for the 2023 taxation year to the Boys and Girls Club Central Vancouver Island, for the portion of the property that it leases at 1985 Boxwood Road, to a maximum of $5,000, to be funded from the existing $5,000 cash grants operating budget.

3.

Consideration of Other Grant Application – Fairway Gorge Paddling Club

That Council approve an “Other Grant” in the amount of $5,500 to the Fairway Gorge Paddling Society to host the Nanaimo Dragon Boat Festival in Nanaimo, with funding from the existing ‘Other Grants’ budget. 

4.

Neighbourhood Association Grants 2023

That Council approve the 2023 Neighbourhood Association Grant funding recommendation of $8,662.47, in accordance with the Guidelines and Criteria, as follows:

• Applicant name:  Bradley Street Neighbourhood Association
  Recommend:  $762.47
• Applicant name:  Chase River Neighbourhood Association
  Recommend:  $1,000
• Applicant name:  Departure Bay Neighbourhood Association
  Recommend:  $1,000
• Applicant name:  Harewood Neighbourhood Association
  Recommend:  $1,000
• Applicant name:  Nanaimo Old City Association
  Recommend:  $1,000
• Applicant name:  Newcastle Community Association
  Recommend:  $1,000
• Applicant name:  Protection Island Neighbourhood Association
  Recommend:  $1,000
• Applicant name:  South End Community Association
  Recommend:  $1,000
• Applicant name:  Wellington Action Committee
  Recommend:  $900

5.

Junior All Native Tournament and Sport Tourism Funds

That Council approve the use of funds of up to $16,000 from the $20,000 Sports Tourism 2023 cost centre towards costs associated with JANT 2023, including Opening Ceremony costs and special event licencing costs.

11.

DELEGATIONS:

12.

REPORTS:

a.

Officer Appointment and Delegation of Authority Amendment Bylaw - Housekeeping Amendments

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

Purpose:  To present Council with housekeeping amendments to the Officer Designation and Delegation of Authority Bylaw.

Recommendation: 

That “Officer Designation and Delegation of Authority Bylaw, 2023 No. 7353.01” (housekeeping amendments) be given first reading.

That “Officer Designation and Delegation of Authority Bylaw, 2023 No. 7353.01” be given second reading.  

That “Officer Designation and Delegation of Authority Bylaw, 2023 No. 7353.01” be given third reading.

b.

Morningside Drive Local Area Service Parcel Tax Amendment 2023

To be introduced by Laura Mercer, Director, Finance. 

Purpose:  To introduce and seek first three readings of “Morningside Drive Local Area Service Parcel Tax Amendment Bylaw 2023 No. 7288.02”.

Recommendation: 

1. That “Morningside Drive Local Area Service Parcel Tax Amendment Bylaw 2023 No.7288.02” (To adopt amendments to reflect the change in the year of parcel tax commencement) pass first reading.
2. That “Morningside Drive Local Area Service Parcel Tax Amendment Bylaw 2023 No.7288.02” pass second reading.
3. That “Morningside Drive Local Area Service Parcel Tax Amendment Bylaw 2023 No. 7288.02” pass third reading.

c.

Development Variance Permit Application No. DVP449 - 250 Albert Street

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

Purpose:  To present for Council’s consideration, a development variance permit application to allow the construction of an over height fence height on an existing commercial property.

It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP449 - 250 Albert Street.

Recommendation:  That Council issue Development Variance Permit No. DVP449 at 250 Albert Street to allow the construction of an over height fence with a variance as outlined in the “Proposed Variance” section of the Staff Report dated 2023-FEB-27.

d.

Development Variance Permit Application No. DVP442 - 5013 Hinrich View

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

Purpose:  To present for Council’s consideration, a development variance permit application to increase the maximum fence and retaining wall height to allow the construction of a deck with a swimming pool.

It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP442 - 5013 Hinrich View.

Recommendation:  That Council issue Development Variance Permit No. DVP442 at 5013 Hinrich View to allow the construction of an over height retaining wall with a variance as outlined in the “Proposed Variances” section of the Staff Report dated 2023-FEB-27.

e.

Temporary Use Permit Application No. TUP25 - 2116 Northfield Road

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

Purpose:  To present for Council’s consideration a temporary use permit application to allow industrial uses (custom workshop and mini storage) at 2116 Northfield Road.

It is requested that Council hear anyone wishing to speak with respect to Temporary Use Permit Application No. TUP25 - 2116 Northfield Road.

Recommendation:  That Council issue Temporary Use Permit No. TUP25 to allow custom workshop and mini storage uses at 2116 Northfield Road for a period of three years.

f.

Liquor Licence Application No. LA152 - 601 Bruce Avenue

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

Purpose:  To inform Council of a new liquor licence application to permit liquor to be served at a neighbourhood pub located at 601 Bruce Avenue. 

g.

Development Permit Application No. DP1263 - 591 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 591 Bradley Street.

Recommendation:  That Council:

1. approve Development Permit No. DP1263 for a multi-family residential development at 591 Bradley Street with variances as outlined in the “Proposed Variances” section of the Staff report dated 2023-FEB-27; and, 
2. direct Staff to secure the conditions outlined in the “Additional Voluntary Contributions” section. 

1.

Add delegation from John Wang

2.

Add delegation from Raymond de Beeld

3.

Add delegation from Steve Toth

4.

Add delegation from Paul Chapman

h.

Development Permit No. DP1286 - 2180 Highland Boulevard

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 commercial development at 2180 Highland Boulevard.

Recommendation:  That Council issue Development Permit No. DP1286 for a commercial development at 2180 Highland Drive with a variance as outlined in the “Proposed Variance” section of the Staff Report dated 2023-FEB-27.

i.

Rezoning Application No. RA484 - 878 Park Avenue

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

Purpose:  To present Council with an application to rezone 878 Park Avenue from Steep Slope Residential (R10) to Low Density Residential (R6) with site-specific density and height provisions, to facilitate a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2023 No. 4500.206” (To rezone 878 Park Avenue from Steep Slope Residential [R10] to Low Density Residential [R6] with site-specific density and height provisions) pass first reading;
2. “Zoning Amendment Bylaw 2023 No. 4500.206” pass second reading; and,
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2023 No. 4500.206” as outlined in the “Conditions of Rezoning” section of the Staff Report dated 2023-FEB-27 should Council support the bylaw at third reading.

1.

Add delegation from Paul Chapman

j.

Rezoning Application No. RA475 - 444, 450. 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue

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

Purpose:  To seek Council direction regarding Rezoning Application No. RA475 (for 444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue) and its associated bylaws.

Recommendation:  That Council:

1. rescind Third Reading of “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road); and,
2. rescind Third Reading of “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).

13.

BYLAWS:

a.

“Financial Plan Amendment Bylaw 2023 No. 7337.02”

That “Financial Plan Amendment Bylaw 2023 No. 7337.02” (To amend the 2022 – 2026 Financial Plan) be adopted. 

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Councillor Hemmens Motion re: Emergency Basic Shelter Housing

At the 2023-JAN-06 Regular Council Meeting, Councillor Hemmens advised she would be bringing forward the following motion for consideration:

"That Council direct Staff to prepare a report outlining the costs of designing, constructing and servicing (water and electric) emergency basic shelter housing for 100 people on City property."

b.

Councillor Manly Motion re: Addiction and Mental Health Crisis

At the 2023-JAN-06 Regular Council Meeting, Councillor Manly advised he would be bringing forward the following motion for consideration:

"The current policies on mental health and addiction, and the lack of proper funding to address these issues, are impacting communities and municipal governments at an unacceptable level and therefore the City of Nanaimo Council requests that: 

• the Government of Canada engage in an immediate process of justice reform to create a comprehensive alternate system like the Portugal model where people with addiction and mental health challenges who break laws are steered through a court system with fully funded and functional treatment facilities, rehabilitation, and community service programs; 
• the Provincial Government immediately fund the detox and treatment beds needed to assist people with addiction and mental health challenges; and 
• the Federal and Provincial Governments provide the investments needed to address the homelessness crisis, which in turn has been feeding the mental health and addiction crisis."

16.

QUESTION PERIOD:

17.

ADJOURNMENT: