AGENDA

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, May 07, 2018
Time:	4:30 p.m. in the Douglas Rispin Room to proceed "In Camera", 7:00 p.m. Reconvene the Open Meeting in the Shaw Auditorium
Location:	SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE 80 COMMERCIAL STREET, NANAIMO, BC

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1.

CALL THE REGULAR MEETING OF COUNCIL TO ORDER:

2.

PROCEDURAL MOTION TO PROCEED IN CAMERA:

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;

(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.

ADOPTION OF AGENDA:

5.

ADOPTION OF MINUTES:

a.

Minutes

Minutes of the Special Council Meeting held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, Monday, 2018-APR-09 at 10:00 a.m.

b.

Minutes

Minutes of the Special Council Meeting held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, Friday, 2018-APR-20 at 10:00 a.m.

6.

PRESENTATIONS:

a.

Dr. Michelle Corfield, Board Chair, Nanaimo Port Authority, to update Council on Port Activities.

7.

MAYOR'S REPORT:

8.

ADMINISTRATION:

a.

Advisory Committee Minutes

1.

Minutes of the Design Advisory Panel Meeting held on Thursday, 2018-FEB-08, at 5:00 p.m.

2.

Minutes of the Design Advisory Panel Meeting held on Thursday, 2018-MAR-08, at 5:00 p.m.

3.

Minutes of the Nanaimo Youth Advisory Council Meeting held on Wednesday, 2018-MAR-21, at 4:30 p.m.

4.

Minutes of the Parks, Recreation and Wellness Committee Meeting held on Wednesday, 2018-MAR-28, at 5:30 p.m.

9.

CORPORATE SERVICES:

a.

2018 - 2022 Financial Plan Amendment Bylaw

To be introduced by Laura Mercer, Manager of Accounting Services.

Purpose:  To introduce “Financial Plan Amendment Bylaw 2017 No 7253.02” for first, second and third readings.

Recommendation:   

1. That “Financial Plan Amendment Bylaw 2017 No. 7253.02” (To amend the 2018 – 2022 Financial Plan), pass first reading;
2. That “Financial Plan Amendment Bylaw 2017 No. 7253.02” pass second reading; and,
3. That “Financial Plan Amendment Bylaw 2017 No. 7253.02” pass third reading.

b.

2018 Property Tax Rates Bylaw

To be introduced by Laura Mercer, Manager of Accounting Services.

[Note: To be distributed on the Addendum.]

10.

PUBLIC SERVICES:

a.

Noise Control Bylaw Exemption

To be introduced by Bill Sims, Director of Engineering and Public Works.

Purpose:  To request that Council provide the Nanaimo Hornets Rugby Club with a noise exemption for their 24 hour rugby marathon in support of the Heart and Stroke Charity on August 4-5, 2018.

Delegation:

1. Darren Wicks to speak requesting confirmation that the Nanaimo Hornets can proceed with fundraising for a 24 hour rugby game on August 4-5.

Recommendation:  That Council authorize the Nanaimo Hornets Rugby Club to host a 24 hour charity rugby game, August 4-5, 2018, and provide an exemption to “Noise Control Bylaw 1994 No. 4750” for this event.

b.

Draft Hospital Area Plan

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

Purpose:  To present Council with an overview of the Draft Hospital Area Plan.

Presentation:

1. Brian Zurek, Planner, to provide a presentation regarding the Draft Hospital Area Plan.

[Note:  Due to the large size of Attachment A - Draft Hospital Area Plan, please find a link to the document on the attached page.]

Recommendation:  That the report titled “Draft Hospital Area Plan” dated 2018-MAY-07, be received for information.

c.

Housing Agreement - 1406 Bowen Road

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

Purpose:  To present Council with a Housing Agreement for a 24-unit affordable housing complex at 1406 Bowen Road.

Recommendation:

1. That “Housing Agreement Bylaw 2018 No. 7262” (To authorize a housing agreement for a 24-unit affordable housing complex at 1406 Bowen Road) pass first reading;
2. That “Housing Agreement Bylaw 2018 No. 7262” pass second reading; and,
3. That “Housing Agreement Bylaw 2018 No. 7262” pass third reading.

d.

Land Reserve Application - Application for Non-Farm Use in the Agricultural Land Reserve - 155 Pryde Avenue

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

Purpose:  To obtain Council support for an application for non-farm use in the Agricultural Land Reserve for the subject property.

Presentation:

1. Dale Lindsay, Director of  Community Development, to provide a presentation regarding the Land Reserve Application at 155 Pryde Avenue.

Recommendation:  That Council indicate it supports the applications for a subdivision, exclusion, the siting of a recreational trail, and a sanitary sewer upgrade in the Agricultural Land Reserve at 155 Pryde Avenue.

e.

Development Permit Application No. DP1064 -1400 Wingrove Street

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

Purpose:  To present for Council’s consideration a development permit application for a three-storey, mixed-use building at 1400 Wingrove Street.

Delegation:

1. Matthew Roberts and Hilary Harlow requesting action regarding adjacent property.

Recommendation: That Council issue Development Permit No. DP1064 at 1400 Wingrove Street with the following variances:

• reduce the minimum required front yard setback from 7m to 4.7m for the front canopy;
• reduce the minimum required side yard setback from 2.25m to 0.73m for an entry portico;
• reduce the minimum required rear yard setback from 4.5m to 0.22m;
• reduce the Minimum Landscape Treatment Level 1d (Wingrove Street) from 1.8m to 0m;
• reduce the minimum required number of parking spaces from 54 to 13 spaces; and,
• reduce the minimum required number of loading spaces from 1 to 0.

f.

Development Permit Application No. DP1085 - 2020 Estevan Road

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

Purpose:  To present for Council’s consideration, a development permit application for a mixed-use development consisting of 74 multi-family residential units and a church.

Recommendation:  That Council issue Development Permit No. DP1085 at 2020 Estevan Road with the following variance:

• reduce the minimum required number of parking spaces for the multi-family use within the development from 122 parking spaces to 82 parking spaces.

g.

Covenant Amendment Application No. CA8 - 5180 Universal Place

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

Purpose:  To present for Council’s consideration a covenant amendment application to amend the terms of a Section 219 covenant registered on the title of 5180 Universal Place, which pertained to site improvements related to a previous development proposal, in order to reflect the current development concept.

It is requested that Council hear anyone wishing to speak to CA8 - 5180 Universal.

Recommendation:  That Council:

1. waive the requirement for Public Hearing for Covenant Amendment Application No. CA8 at 5180 Universal Place; and,
2. approve Covenant Amendment Application No. CA8 in order to amend the terms as proposed for the Section 219 covenant (EJ078164) registered on the title of 5180 Universal Place.

h.

Development Variance Permit Application No. DVP346 - 2340 Wild Dove Road

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

Purpose:  To present for Council’s consideration, a development variance permit application to reduce the rear yard setback to legalize the siting of an existing open deck and allow the construction of an addition to the existing deck at 2340 Wild Dove Road.

It is requested that Council hear anyone wishing to speak to DVP346 - 2340 Wild Dove Road.

Recommendation: That Council issue Development Variance Permit No. DVP346 for 2340 Wild Dove Road with the following variance:

• reduce the minimum required rear yard setback from 5.5m to 3.6m for an open deck.

i.

Development Variance Permit No. DVP341 - 5901 Hammond Bay Road

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

Purpose: To present, for Council’s consideration, a development variance permit application to reduce the minimum lot frontage and rear yard setback requirements to facilitate a subdivision of the subject property located at 5901 Hammond Bay Road.

It is requested that Council hear anyone wishing to speak to DVP341 - 5901 Hammond Bay Road.

Recommendation: That Council issue Development Variance Permit No. DVP341 for a proposed subdivision at 5901 Hammond Bay Road with the following variances:

• Reduce the minimum lot frontage for proposed Lots 4 and 6 from 15m to 14m; and,
• Reduce the minimum rear yard setback for an existing single dwelling on proposed Lot 2 from 7.5m to 5.7m. 

j.

Proposed Road Closure and Disposition - Part of Emil Place Adjacent to 5901 Hammond Bay Road

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

Purpose:  To obtain Council approval for a proposed road closure and disposition of a portion of Emil Place to the owner of 5901 Hammond Bay Road.

Recommendation:  That:

1. Council authorize the road closure and disposition of a portion of Emil Place adjacent to 5901 Hammond Bay Road to KSG Consulting Ltd;
2. the 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 Emil Place;
4. “Highway Closure and Dedication Removal Bylaw 2018 No. 7263” (To provide for highway closure and dedication removal of a portion of Emil Place adjacent to 5901 Hammond Bay Road) pass first reading; and,
5. “Highway Closure and Dedication Removal Bylaw 2018 No. 7263” pass second reading.

k.

Official Community Plan Amendment Application OCP86 and Rezoning Application RA384 - 801, 1150, and 1151 Nanaimo Lakes Road

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

Purpose:  To present for Council’s consideration concurrent Official Community Plan and Zoning Bylaw amendment applications to designate portions of 801, 1150, and 1151 Nanaimo Lakes Road as parkland.

Recommendation:

1. That “Official Community Plan Amendment Bylaw 2018 No. 6500.036” (OCP86 – To re-designate from Resource Protection to Parks and Open Space a portion of 801, 1150, and 1151 Nanaimo Lakes Road; and to designate a separate portion of 801 Nanaimo Lakes Road as Parks and Open Space) pass first reading;
2. That “Official Community Plan Amendment Bylaw 2018 No. 6500.036” pass second reading;
3. That “Zoning Amendment Bylaw 2018 No. 4500.114” [RA384 - To rezone a portion of 801 and 1150 Nanaimo Lakes Road from Rural Resource (AR1) to Parks, Recreation and Culture One (PRC1); to rezone a portion of 801, 1150, and 1151 Nanaimo Lakes Road from Rural Resource (AR1) to Parks, Recreation and Culture Two (PRC2); and to rezone a portion of 1151 Nanaimo Lakes Road from Community Service Two (CS2) to Parks, Recreation and Culture Two (PRC2)] pass first reading;
4. That “Zoning Amendment Bylaw 2018 No. 4500.114” pass second reading;
5. That “Park Dedication Bylaw 2018 No. 7259” (To dedicate land for park purposes) pass first reading;
6. That “Park Dedication Bylaw 2018 No. 7259” pass second reading; and,
7. That “Park Dedication Bylaw 2018 No. 7259” pass third reading.

l.

OCP Amendment Application No. OCP87 and Zoning Amendment Application No. RA386 - 40 Maki Road

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

Purpose:  To present for Council’s consideration an Official Community Plan amendment application to change the land use designation within the Official Community Plan from Neighbourhood to Light Industrial, and the land use designation in the Chase River Neighbourhood Plan from Low-Medium Density Residential to Service Industrial Enterprise Area; and to concurrently rezone the subject property from Single Dwelling Residential-R1 to Highway Industrial-I1 in order to continue developing a self-storage business at 40 Maki Road.

Recommendation:

1. That “Official Community Plan Amendment Bylaw 2018 No. 6500.038” (OCP87 – To re-designate 40 Maki Road on the Future Land Use Plan (Map 1) from ‘Neighbourhood’ to ‘Light Industrial’; and to re-designate 40 Maki Road on the Chase River Neighbourhood Plan Land Use schedule A-7.3 from ‘Low-Medium Density Residential’ to ‘Service Industrial Enterprise Area’) pass first reading;
2. That “Official Community Plan Amendment Bylaw 2018 No. 6500.038” pass second reading;
3. That “Zoning Amendment Bylaw 2018 No. 4500.119” (RA386-To rezone 40 Maki Road from Single Dwelling Residential-R1 to Highway Industrial-I1) pass first reading; and,
4. That “Zoning Amendment Bylaw 2018 No. 4500.119” pass second reading.

m.

05-1835-01 Asset Management Policy

To be introduced by Bill Sims, Director of Engineering and Public Works.

Purpose:  To present options and recommendations regarding the “05-1835-01 Asset Management Policy” and “2017 Strategic Asset Management Plan”.

Recommendation: That Council approve the “05-1835-01 Asset Management Policy” and endorse the “2017 Strategic Asset Management Plan”.

n.

Policy 11-5400-09 Transportation Non Standard Crosswalk Marking Policy

To be introduced by Bill Sims, Director of Engineering and Public Works.

Purpose: To present options and recommendations regarding the draft “Policy 11-5400-09 Transportation Non-Standard Crosswalk Policy”.

Recommendation: That Council approve “Policy 11-5400-09 Transportation Non-Standard Crosswalk Policy” dated 2018-MAY-07.

11.

PUBLIC SAFETY:

12.

BYLAWS (with no accompanying report):

a.

"Revitalization Tax Exemption Bylaw 2018 No. 7261"

That "Revitalization Tax Exemption Bylaw 2018 No. 7261" (To create a new Downtown Tax Exemption Program) be adopted.

b.

Bylaw Status Sheet

13.

CORRESPONDENCE (not related to a Report to Council):

a.

Correspondence

Correspondence from Cathy Peters, dated 2018-FEB-26, requesting a letter be sent to the BC Premier John Horgan and Public Safety Minister/Solicitor General Mike Farnworth in support of Human Trafficking Task Force and enforcement of Protection of Communities and Exploited Persons Act regarding child sex trafficking in BC municipalities.

14.

COUNCIL APPOINTMENTS:

15.

NOTICE OF MOTION:

a.

Mayor McKay Notice of Motion Regarding Site Selection for Overdose Prevention Site

During the Regular Council Meeting held 2018-APR-23 Mayor McKay advised that he would be bringing forward the following notice of motion for consideration:

"To identify sites available for a federally regulated and recognized overdose prevention site."

16.

OTHER BUSINESS:

a.

Councillor Kipp Notice of Motion Regarding Financial Policies

During the Special Council Meeting held 2018-MAR-26 Councillor Kipp advised that he would be bringing forward the following motion for consideration:

"Whereas Finance was working on a number of policies and some Administrative Procedures and Guidelines, that are not in place but are necessary such as; Budget and Fiscal Management Policy, Reserve Policy, Revenue Policy, Debt Management Policy that stem from the Core Services Review and subsequent Council actions and Council requests an update and timeframe for these policies."

b.

Mayor McKay Notice of Motion Regarding Reconsideration of "Zoning Amendment Bylaw 2018 No. 4500.118"

During the Regular Council Meeting held 2018-APR-23 Mayor McKay advised that he will be requiring reconsideration of "Zoning Amendment Bylaw 2018 No. 4500.118"

[Note:  In concurrence with Community Charter Section 131 Mayor McKay is requiring a reconsideration to be voted on.]

That "Zoning Amendment Bylaw 2018 No. 4500.118" (To rezone 1615 Northfield Road from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass third reading.

17.

CORE SERVICES REPORT AND DELEGATIONS:

18.

QUESTION PERIOD: (Agenda Items Only)

19.

ADJOURNMENT: