MERGED AGENDA 

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, January 21, 2019
Time:	5:30 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 AT 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:

(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; and,

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2).

a.

Add Section 90(1)

(g) litigation or potential litigation affecting the municipality; and,

(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.

b.

Add 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:

a.

Remove Agenda Item 7(a) - A reading from Tina Biello, Poet Laureate.

b.

Agenda Item 14(a) - Add delegation from Terry Lee Wagar regarding 250 Terminal Avenue being deemed a Nuisance Property.

c.

Agenda Item 14(a) - Add delegation from Trevor Heshka regarding safety in the community.

d.

Agenda Item 14(a) - Add delegation from Lynn Burrows regarding 2020 Labieux Road and 250 Terminal Avenue being deemed Nuisance Properties.

e.

Agenda Item 14(a) - Add delegation from Ken Clark regarding 2020 Labieux Road and 250 Terminal Avenue.

f.

Agenda Item 14(a) - Add delegation from Dyane Brown regarding a balanced approach to 250 Terminal Supportive Housing.

g.

Agenda Item 14(a) - Add delegation from Heather and Edward Ambo regarding increased criminal activity in the Country Club Area.

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2018-DEC-17 at 5:00 p.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, 2019-JAN-03 at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

a.

City Response to December 20 - 21 Windstorm

Bills Sims, Director of Engineering and Public Works, to provide a presentation regarding the wind event on December 21st, 2018.

8.

DELEGATIONS:

9.

CONSENT ITEMS:

10.

REPORTS:

a.

Housing Agreement - 548 Steeves Road

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

Purpose:  To obtain Council approval for a housing agreement to secure the provision of affordable home ownership opportunities and enhance the potential for rental of strata-titled units within the project at 548 Steeves Road.

Recommendation:  That:

1. “Housing Agreement Bylaw 2019 No. 7280” (To authorize a Housing Agreement between the City of Nanaimo and 0948423 BC Ltd. pertaining to 548 Steeves Road) pass first reading;
2. “Housing Agreement Bylaw 2019 No. 7280” pass second reading; and
3. “Housing Agreement Bylaw 2019 No. 7280” pass third reading.

b.

Housing Agreement Amendment - 1406 Bowen Road

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

Purpose:  To obtain Council approval to amend “Housing Agreement Bylaw 2018 No. 7262”, a housing agreement between the City of Nanaimo and the Nanaimo Aboriginal Centre Society with respect to the occupancy of lands at 1406 Bowen Road.

Recommendation:  That:

1. “Housing Agreement Amendment Bylaw 2019 No. 7262.01” (To amend the bylaw to ensure that all existing and future housing units on the site are used for affordable housing, and to update an outdated reference to the Local Government Act) pass first reading;
2. “Housing Agreement Amendment Bylaw 2019 No. 7262.01” pass second reading; and
3. “Housing Agreement Amendment Bylaw 2019 No. 7262.01” pass third reading.

c.

Development Variance Permit Application No. DVP371 - 5284 Sherbourne Drive

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 requirement to facilitate a subdivision of the property located at 5284 Sherbourne Drive.

It is requested the Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP371 - 5284 Sherbourne Drive.

Recommendation:  That Council issue Development Variance Permit No. DVP371 at 5284 Sherbourne Drive with the following variance:

• reduce the minimum lot frontage requirement from 15m to 10.16m for proposed Lot A.

d.

Rezoning Application No. RA406 - 111 Nicol Street

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

Purpose:  To present Council with an application to amend the existing zoning of the property located at 111 Nicol Street to allow a site-specific Cannabis Retail Store use in the Gateway (DT12) Zone.

Recommendation:

1. That “Zoning Amendment Bylaw 2019 No. 4500.132” (To rezone 111 Nicol Street to allow a site-specific Cannabis Retail Store use in the Gateway [DT12] Zone) pass first reading;
2. That “Zoning Amendment Bylaw 2019 No. 4500.132” pass second reading; and
3. That Council direct Staff to secure the amenity contribution and BC Liquor and Cannabis Regulation Branch approval prior to adoption of the bylaw, should Council support the bylaw at third reading.

e.

Proposed Road Closure-Part of Labieux Road and Land Exchange at 2560 Bowen Road

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

Purpose:  To obtain Council approval for a proposed road closure of a portion of Labieux Road in exchange for a portion of 2560 Bowen Road.

Recommendation:  That:

1. Council authorize the road closure and disposition of a portion of Labieux Road adjacent to 2560 Bowen Road and direct Staff to enter into a Road Closure and Land Exchange Agreement;
2. Council direct Staff to proceed with public notice of closure and disposition of a portion of Labieux Road;
3. “Highway Closure and Dedication Removal Bylaw 2019 No. 7274” (To provide for highway closure and dedication removal of a portion of Labieux Road adjacent to 2560 Bowen Road) pass first reading; and
4. “Highway Closure and Dedication Removal Bylaw 2019 No. 7274” pass second reading.

f.

Smoking Regulation Bylaw

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

Purpose:  To present changes to the proposed “Smoking Regulation Bylaw 2018 No. 7268” at third reading concurrently with the required updates to the “Bylaw Notice Enforcement Bylaw 2012 No. 7159”.

Recommendation:  That:

1. Council rescind third reading of “Smoking Regulation Bylaw 2018 No. 7268” (To regulate smoking in the City of Nanaimo);
2. Council approve revisions to the proposed “Smoking Regulation Bylaw 2018 No. 7268” at third reading as outlined in this report: to revise buffer zones, ensure consistency with “Parks, Recreation and Culture Regulation Bylaw 2008 No. 7073”, and provide an adjudication process;
3. “Smoking Regulation Bylaw 2018 No. 7268” pass third reading as amended;
4. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.03” (To include a schedule of penalties related to “Smoking Regulation Bylaw 2018 No. 7268”) pass first reading;
5. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.03” pass second reading; and
6. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.03” pass third reading.

g.

Nanaimo Pride Society Multi - Year Funding Request

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

Purpose:  To provide Council with options for funding the requests for the Nanaimo Pride Society.

Recommendation:  That Council provide direction on which funding option they choose to fund the requests made by the Nanaimo Pride Society.

h.

Nanaimo & District BC SPCA Grant Application

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

Purpose:  To provide Council with options for funding the $25,000 grant request for the Nanaimo & District BC SPCA.

Recommendation:  That Council provide direction to Staff regarding the Nanaimo and District BC SPCA $25,000 grant request.

i.

Municipal and Regional District Tax (MRDT) Allocation of Online Accommodation Platform (OAP) Revenues

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

Purpose:  To obtain Council approval to direct new revenues from Online Accommodation Platforms (OAP) towards affordable housing initiatives in Nanaimo.

Recommendation:  That Council direct Staff to:

1. submit the necessary documentation to Destination BC to allocate Online Accommodation Platform revenue to the Housing Legacy Reserve to fund affordable housing initiatives.

OR  

2. allocate Online Accommodation Platforms revenues to fund tourism marketing, programs and projects.

11.

BYLAWS:

a.

"Official Community Plan Amendment Bylaw 2018 No. 6500.038"

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 from 'Low-Medium Density Residential' to 'Service Industrial Enterprise Area') be adopted.

b.

"Zoning Amendment Bylaw 2018 No. 4500.119"

That "Zoning Amendment Bylaw 2018 No. 4500.119" (RA386 - To rezone 40 Maki Road from Single Dwelling Residential-R1 to Highway Industrial-I1) be adopted.

c.

"Zoning Amendment Bylaw 2018 No. 4500.130"

That "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])

be adopted.

d.

"Highway Closure and Dedication Removal Bylaw 2018 No. 7275"

That "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 5400 Dewar Road and 5351 Redmond Road) be adopted.

e.

Bylaw Status Sheet (for information)

12.

CORRESPONDENCE:

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

a.

Councillor Armstrong Motion re: Nuisance Properties

During the Special Council meeting held 2019-JAN-14 Councillor Armstrong advised that at a future meeting of Council she would be bringing forward a motion to direct Staff to explore the possibility of deeming the supportive housing units at 2020 Labieux Road and 250 Terminal Avenue nuisance properties under the City of Nanaimo’s “Nuisance Abatement and Cost Recovery Bylaw 2003 No. 5645”.

1.

Add delegation from Terry Lee Wagar regarding 250 Terminal Avenue being deemed a Nuisance Property.

2.

Add delegation from Trevor Heshka regarding safety in the community.

3.

Add delegation from Lynn Burrows regarding 2020 Labieux Road and 250 Terminal Avenue being deemed Nuisance Properties.

4.

Add delegation from Ken Clark regarding 2020 Labieux Road and 250 Terminal Avenue.

5.

Add delegation from Dyane Brown regarding a balanced approach to 250 Terminal Supportive Housing.

6.

Add delegation from Heather and Edward Ambo regarding increased criminal activity in the Country Club Area.

15.

QUESTION PERIOD:

16.

ADJOURNMENT: