MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, January 16, 2023

7:00 P.m. - 11:00 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.

INTRODUCTION OF LATE ITEMS:

3.

APPROVAL OF THE AGENDA:

4.

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 Wednesday, 2022-NOV-30 at 11:31 a.m.

b.

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, 2022-DEC-15, at 7:00 p.m.

c.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-DEC-19, at 3:00 p.m.

5.

MAYOR'S REPORT:

6.

RISE AND REPORT

a.

Rise and Report from In Camera Council Meeting 2022-DEC-19

• Councillors Thorpe and Perrino were appointed to serve on the Tourism Nanaimo Society Board of Directors for a period of two years.  Councillor Eastmure was appointed as the Alternate.
• Councillor Hemmens was appointed to serve as a non-voting Director on the Nanaimo Prosperity Corporation Board for a period of two years.  Councillor Armstrong was appointed as the Alternate.
• Councillor Brown was appointed to serve on the Nanaimo Systems Planning Organization Society Board of Directors for a period of two years.  Councillor Hemmens was appointed as the Alternate.
• Councillors Manly and Perrino were appointed to sit with the Mayor on the Protocol Agreement Working Group with the Snuneymuxw (PAWG).
• Councillors Manly and Perrino were appointed to sit with the Mayor on the Tripartite (PAWG) with Snuneymuxw and the Nanaimo Port Authority.
• Councillors Thorpe and Hemmens were appointed to sit with the Mayor on the Port Authority/City of Nanaimo Liaison Committee (NPA).
• Councillor Eastmure was appointed to the Design Advisory Panel.  Councillor Armstrong was appointed as the Alternate.

7.

PRESENTATIONS:

8.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, 2022-JUL-28 at 5:03 p.m.

b.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, 2022-SEP-08 at 5:00 p.m. 

c.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, 2022-SEP-22 at 5:00 p.m.

d.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, 2022-OCT-13 at 5:00 p.m.

e.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, 2022-NOV-24 at 5:01 p.m.

f.

Minutes

Minutes of the Governance and Priorities Committee Meeting Shaw Auditorium, Vancouver Island Conference Centre, Nanaimo, BC, on Monday, 2022-DEC-12 at 1:02 p.m.

9.

CONSENT ITEMS:

10.

DELEGATIONS:

a.

Add Delegation - Andrea Paris regarding Human Trafficking and Sexual Exploitation Awareness Event

11.

REPORTS:

a.

264 Nicol Street - Nuisance Property Abatement

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

Purpose:  To inform Council of ongoing activities at 264 Nicol Street which substantially and unreasonably interfere with other persons’ use and enjoyment of property, and require repeated calls for City and police services to abate nuisances.

Delegation:

1. Collen Middleton, Nanaimo Area Public Safety Association

Recommendation:  That Council declare 264 Nicol Street a “Nuisance” pursuant to the “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250”, and authorize Staff to record and charge for municipal services including police required to abate nuisance activity.

1.

Add Delegation - Tim McGrath

2.

Add Delegation - Ann Livingston, Nanaimo Area Network of Drug Users (NANDU)

b.

430 Murray Street - Nuisance Property Abatement

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

Purpose:  To inform Council of ongoing activities at 430 Murray Street, which substantially and unreasonably interfere with other persons’ use and enjoyment of property, and require repeated calls for police services to abate nuisances.

Recommendation:  That Council declare 430 Murray Street a “Nuisance” pursuant to the “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250”, and to authorize Staff to record and charge for municipal services including police required to abate nuisance activity.

c.

Development Permit Application No. DP1257 - 223 Victoria 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 multi-family development at 223 Victoria Road.

Recommendation:  That Council issue Development Permit No. DP1257 for a multi-family residential development at 223 Victoria Road with variances outlined in the “Proposed Variances” section of the staff report dated 2023-JAN-16.

d.

Rezoning Application No. RA482 - 488 & 492 Fifth Street

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

Purpose:    To present Council with an application to rezone 488 and 492 Fifth Street from Single Dwelling Residential (R1) to Residential Corridor (COR1) to facilitate a multi-family residential or mixed use development.

Recommendation:   That:

1. “Zoning Amendment Bylaw 2023 No. 4500.207” (To rezone 488 and 492 Fifth Street from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass first reading;
2. "Zoning Amendment Bylaw 2023 No. 4500.207” pass second reading; and,
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2023 No. 4500.207” as outlined in the “Conditions of Rezoning” section of the Staff Report dated 2023-JAN-16 should Council support the bylaw at third reading.

e.

Waterworks Rate and Regulation Amendment Bylaw to Add a Bulk Water Rate and Water Hauling Rate

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.20” for first, second, and third reading.

Recommendation:  That:

1. “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.20” (A bylaw to add a bulk water rate and water hauling rate) pass first reading;
2. “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.20” pass second reading; and,
3. “Waterworks Rate and Regulation Amendment Bylaw 2023, No. 7004.20” pass third reading. 

12.

BYLAWS:

a.

2023-2027 Financial Plan Bylaw

That “Financial Plan Bylaw 2022 No. 7359” (To confirm and adopt the 2023 – 2027 Financial Plan) be adopted.

b.

Add “Bylaw Notice Enforcement Bylaw 2022 No. 7159.18"

That “Bylaw Notice Enforcement Bylaw 2022 No. 7159.18" (to assign fines for violations associated with the Storm Sewer Regulation and Fee Bylaw) be adopted.

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

15.

QUESTION PERIOD:

16.

ADJOURNMENT: