MERGED AGENDA 

REGULAR COUNCIL MEETING

Meeting #:
Date:
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

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;
(d) the security of property of the municipality;
(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;
(f) law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment;
(g) litigation or potential litigation affecting the municipality;
(h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the Council or a delegate of Council;
(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under Section 21 of the Freedom of Information and Protection of Privacy Act;
(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;
(l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under Section 98 [annual municipal report];
(m) a matter that, under another enactment, is such that the public may be excluded from the meeting;
(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2);
(o) the consideration of whether the authority under Section 91 [other persons attending closed meetings] should be exercised in relation to a Council meeting.

 Community Charter Section 90(2):

(a) a request under the Freedom of Information and Protection of Privacy Act, if the Council is designated as head of the local public body for the purposes of that Act in relation to the matter;
(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;
(c) a matter that is being investigated under the Ombudsperson Act of which the municipality has been notified under Section 14 [ombudsperson to notify authority] of that Act;
(d) a matter that, under another enactment, is such that the public must be excluded from the meeting;
(e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under Section 23 (2) of the Auditor General for Local Government Act.

Minutes of the Regular Council Meeting held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC on Monday, 2019-FEB-04 at 4:30 p.m.

That Council support the City of Nanaimo's participation in a collaborative Expression of Interest application to the Human Resources and Skills Development Canada New Horizons for Seniors Program for the purpose of enhancing social connectivity amongst adults 55 years and older.

That Council approve the consultation plan as attached and add $15,350 to the 2019 – 2023 Financial Plan, funded from General Taxation.

[Note:  Link to the original Finance and Audit Agenda dated 2019-FEB-20 is attached for information.]

That Council approve the 2019 Finance and Audit Committee Key Date Calendar.

That Council approve an additional $136,100, funding from the Parking Reserve, to complete the Bastion Parkade Post Tension Strand Construction capital project.

That Council approve adding $17,500 to the 2019 budget for a Downtown Parking Signage project to be funded from the Parking Reserve.

That Council approve the addition of the three new projects in 2019 to install pedestrian warning flashers, to be funded by ICBC and the New Horizons Senior Program.

That Council authorize up to $432,396 be borrowed, under Section 175 of the Community Charter, from the Municipal Finance Authority, for the purpose of purchasing an automated garbage truck; and that the loan be repaid within five (5) years, with no rights of renewal.

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

Purpose:  To introduce “Financial Plan Amendment Bylaw 2019 No. 7253.04” for first, second and third readings, for changes that have occurred since the bylaw was last amended on 2019-SEPT-17.

Recommendation:  

  1. That “Financial Plan Amendment Bylaw 2019 No. 7253.04” (To amend the 2018 – 2022 Financial Plan), pass first reading;
  2. That “Financial Plan Amendment Bylaw 2019 No. 7253.04” pass second reading; and
  3. That “Financial Plan Amendment Bylaw 2019 No. 7253.04” pass third reading.

To be introduced by Karen Fry, Fire Chief.

Purpose:  To present for consideration amendments to the City of Nanaimo “Parks, Recreation and Culture Regulation Bylaw 2008 No. 7073” and “Bylaw Notice Enforcement Bylaw 2012 No. 7159” relating to taking overnight shelter in City parks, and other regulatory matters.

Recommendation:  That:

  1. “Parks, Recreation and Culture Regulation Amendment Bylaw 2019 No. 7073.07” (To allow for overnight shelter in City parks, and other regulatory matters) pass first reading;
  2. “Parks, Recreation and Culture Regulation Amendment Bylaw 2019 No. 7073.07” pass second reading;
  3. “Parks, Recreation and Culture Regulation Amendment Bylaw 2019 No. 7073.07” pass third reading;
  4. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.04” (To update enforcement penalty rates) pass first reading;
  5. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.04” pass second reading; and,
  6. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.04” pass third reading.

To be introduced by Karen Fry, Fire Chief.

Purpose:  To present for consideration the City of Nanaimo “Public Nuisance Bylaw 2019 No. 7267” to repeal the City of Nanaimo “Public Nuisance Bylaw 2003 No. 5648”, and to present amendments to “Bylaw Notice Enforcement Bylaw 2012 No. 7159”.

Recommendation:  That:

  1. “Public Nuisance Bylaw 2019 No. 7267” (To update and consolidate offences relating to nuisances, disturbances and uncivil behaviour) pass first reading;
  2. “Public Nuisance Bylaw 2019 No. 7267” pass second reading;
  3. “Public Nuisance Bylaw 2019 No. 7267” pass third reading;
  4. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.05 (To include new offences and an updated fine schedule) pass first reading;
  5. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.05” pass second reading; and,
  6. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.05” pass third reading.

To be introduced by Poul Rosen, Senior Manager, Engineering.

Purpose:  To introduce “Cross Connection Control Amendment Bylaw 2019 No. 7249.01” and “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.06” for three readings.

Recommendation:  That:

  1. “Cross Connection Control Amendment Bylaw 2019 No. 7249.01” (To adopt amendments for consistent enforcement) pass first reading;
  2. “Cross Connection Control Amendment Bylaw 2019 No. 7249.01” pass second reading;
  3. “Cross Connection Control Amendment Bylaw 2019 No. 7249.01” pass third reading;
  4. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.06” (For ticketing and enforcement of penalty sections of the new Cross Connection Control Bylaw) pass first reading;
  5. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.06” pass second reading; and,
  6. “Bylaw Notice Enforcement Amendment Bylaw 2019 No. 7159.06” pass third reading.

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

Purpose:  To present Council with the results of the home-based business regulation review.

Presentation:

1.  Bill Corsan, Deputy Director, Community Development.

Recommendation:  That Council:

  1. receive the report titled “Home-Based Business Regulation Review” dated 2019-FEB-25; and
  2. direct Staff to return to an upcoming Council meeting with amendments to “Zoning Bylaw 2011 No. 4500”, “Sign Bylaw 1987 No. 2850” and “Off-Street Parking Regulations Bylaw 2018 No. 7266” relating to the home-based business regulations.

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

Purpose:  To present Council with a rezoning application for a site-specific amendment to the Community Corridor (COR3) Zone to permit automobile sales, service, and rental use within the subject property at 4900 Island Highway North.

Presentation:

1.  Lainya Rowett, Manager, Current Planning and Lisa Bhopalsingh, Manager, Community and Cultural Planning.

Delegations:

1.  Mark Holland to speak on behalf of the owner.

2.  Kim Smythe, CEO, Nanaimo Chamber of Commerce to speak regarding the economic aspects and benefits of the proposed rezoning application.

3.  David Murchie.

Recommendation:  That Council deny the application and the associated readings to “Zoning Amendment Bylaw 2019 No. 4500.131” (To rezone 4900 Island Highway North in order to permit site-specific automobile sales, service, and rental use).

 

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

Purpose:  To present for Council’s consideration, a development variance permit application to vary lot coverage, setbacks, and parking requirements in order to replace a single residential dwelling with a new single residential dwelling on an existing undersized lot at 60 Bryden Street.

Delegations:

1.  Scott Mack, Vic Sweett and Jill Sweett to speak regarding the adverse impacts to 210 Stewart Avenue if variances are approved.

2.  Peter and Sandy King to provide details of their request.

It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP374 - 60 Bryden.

Recommendation:  That Council issue Development Variance Permit No. DVP374 for 60 Bryden Street with the following variances:

  • reduce the minimum front yard setback from 4.5m to 1.8m;
  • reduce the minimum side yard setback (west side) from 1.5m to 0.91m;
  • reduce the minimum rear yard setback from 7.5m to 6m;
  • increase the maximum allowable lot coverage from 40% to 44%; and
  • reduce the minimum of number of required off-street parking spaces from 2 to 0. 

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

Purpose:  To present for Council’s consideration, a development variance permit application to allow the construction of over-height retaining walls at 3583 Hammond Bay Road.

It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP377 - 3583 Hammond Bay Road.

Recommendation:  That Council issue Development Variance Permit No. DVP377 at 3583 Hammond Bay Road with the following variance:

  • increase the maximum combined height for retaining walls within the front yard from 1.2m to 3.55m.

 

11.

That "Smoking Regulation Bylaw 2018 No. 7268" (To regulate smoking in the City of Nanaimo) be adopted.

That "Bylaw Notice Enforcement Bylaw 2019 No. 7159.03" (To include a schedule of penalties related to “Smoking Regulation Bylaw 2018 No. 7268”) be adopted.

That “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) be adopted.

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