MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, August 28, 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.

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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:

(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;

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

Community Charter 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:

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, 2023-JUL-24, at 4:30 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, 2023-JUL-27, at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

a.

Vancouver Island Conference Centre Venue Management Agreement

At the In Camera Council Meeting held 2023-MAR-06, Council:

• Approved the Venue Management Agreement with OVG360 to operate the Vancouver Island Conference Centre for a five-year term effective 2023-JAN-01 to 2027-DEC-31 with the option for a further five-year term at the sole discretion of the City; and,
• Directed Staff to issue a news release announcing the new agreement.

b.

Design Advisory Panel - Member Appointment

At the In Camera Council Meeting held 2023-JUL-10, Council appointed Hector Alcala, Architect, as nominated by the Architectural Institute of British Columbia, to the Design Advisory Panel for a two-year term ending 2025-JUL-10 or until a replacement member is identified.

c.

Appointment to the Board of Variance

At the In Camera Council Meeting held 2023-JUL-24, Council appointed Michael Bassili to the Board of Variance for a three-year term ending 2026-JUL-24 or until a successor is appointed.

8.

PRESENTATIONS:

a.

Donna Hais, Chair of Board of Nanaimo Port Authority re:  Nanaimo Regional General Hospital Verbal Update

b.

Te'tuxwtun Knowledge Partners:  Joan Brown, Snuneymuxw First Nation; Scott Saywell, School District 68; and, Sheryl Peters and Thomas Bevan, BC Housing re:  Te'tuxwtun Project (see Agenda Item 12(a)) 

c.

Community Recreation Summer 2023

To be presented by Damon Johnston, Manager, Recreation Services, and Jeff Speed, Recreation Coordinator. 

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Special Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-APR-26, at 9:00 a.m.

b.

Minutes

Minute of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-MAY-08, at 1:00 p.m.

c.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, on Thursday, 2023-MAY-11 at 5:00 p.m.

d.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, on Thursday, 2023-MAY-25 at 5:00 p.m.

e.

Minutes

Minutes of the Special Mayors' Leader's Table held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Thursday, 2023-JUN-08, at 8:33 a.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-JUN-14, at 9:00 a.m.

g.

Minutes

Minutes of the Design Advisory Panel Meeting, held electronically, on Thursday, 2023-JUN-22 at 5:00 p.m.

h.

Minutes

Minutes of the Special Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-JUL-26, at 8:59 a.m.

i.

Minutes

Minutes of the Mayors' Leader's Table Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir, Nanaimo, BC, on Thursday, 2023-JUL-27, at 8:34 a.m.

10.

CONSENT ITEMS:

a.

Mayors' Leader's Table 2023-JUL-27

[Note: A link to the 2023-JUL-27 Mayors' Leader's Table agenda is attached for information.]

1.

Update re: Nanaimo Regional General Hospital

That the Mayor’s Leaders’ Table recommend that Council:

1. Provide a letter of support to the Province for a Cathertization Lab and Patient Tower at Nanaimo Regional General Hospital;
2. Direct Staff to assist with the promotion of a media campaign for both the Cathertization Lab and Patient Tower;
3. Send letters to surrounding municipalities asking for their support by writing to the Province requesting a Cathertization Lab and Patient tower at Nanaimo Regional General Hospital; and,
4. That Council advocate whenever possible for the building of a Cathertization Lab and Patient Tower at Nanaimo Regional General Hospital.

2.

Community Fibre Optic Network

That the Mayor’s Leaders’ Table recommend that Council direct Staff to prepare a report in consultation with community partners and referencing the recommendations provided by the Infrastructure Working Group that provides options for expanding and integrating the City’s fibre network.

b.

Separately Addressed Consent Items

1.

Special Governance and Priorities Committee 2023-JUL-26

[Note: A link to the 2023-JUL-26 Special Governance and Priorities Committee agenda is attached for information.]

1.

BC Energy Step Code and Zero Carbon Step Code Implementation

Delegations:

1. Carmen LeBlanc and Jason Wolfe, FortisBC
2. Chris Bowen, Pioneer Fireplace
3. Cory Iversen, Pacific Energy Ltd, and Paul Miles, Miles Industries 
4. Elisabeth Baudinaud, Community Energy Association
5. Patti Grand, Nanaimo Climate Action Hub
6. Vic Brice
7. Adrienne Fraser
8. Marsha Flad, Extinction Rebellion
9. Brunie Brunie
10. Timothy Godau
11. Liz McDowell, Stand.earth

That Council direct Staff to prepare the necessary "Building Bylaw 2016 No. 7224" amendments in order to:

1. adopt the Provincial Zero Carbon Step Code and require that all applicable building permit applications meet the Measure-only Level (EL-1) upon bylaw adoption;
2. require all Part 3 and Part 9 applicable building types and occupancies meet the Zero Carbon Performance Level (EL-4) of the Zero Carbon Step Code by 2024-JUL-01; and,
3. require all applicable Part 3 building types and occupancies meet the Step 3 of the Energy Step Code by 2026-JAN-01.

1.

Add - Delegation from Patrick Canning

2.

Add - Delegation from Edwina Boake, Flamewright Services Ltd.

3.

Add - Delegation from Kerrianne Coady

4.

Add - Delegation from Mike McNeice, Hearth, Patio & Barbecue Association of Canada

5.

Add - Delegation from Barbara MacLellan

6.

Add - Delegation from Robert Bryans

7.

Add - Delegation from Nina Rastogi

8.

Add - Delegation from Robyn Ward, Ted Olynck, and, Tom Berkout, BC Hydro

9.

Delegation 2. Chris Bowen, Pioneer Fireplace - Add - Timothy Struch, Pioneer Fireplace

10.

Add - Delegation from Deborah van der Goes

11.

Add - Delegation from Patrick Littlejohn

12.

Add - Delegation from Ian Gartshore

13.

Add - Delegation from Howard Breen

14.

Add - Delegation from James Boak

15.

Add - Delegation from Jim LeMaistre

16.

Add - Delegation from Jeet Manhas

11.

DELEGATIONS:

a.

Anne Martin, Board Director, Take a Hike Foundation re:  Impacts of the City's 2022/23 Grant in Aid

12.

REPORTS:

a.

Official Community Plan Amendment Application No. OCP103 & Rezoning Application No. RA493 - 564 Fifth Street / 502 & 505 Howard Avenue

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with an application to redesignate 502 Howard Avenue from Parks & Open Spaces to Mixed-Use Corridor; and rezone 564 Fifth Street, 502 Howard Avenue and 505 Howard Avenue from Low Density Residential [R6], Parks, Recreation and Culture Three [PRC3] and Community Service One [CS1] to Comprehensive Development District Zone 12 [CD12] to facilitate a mixed-use development. 

Recommendation:  That:

1. “City Plan Amendment Bylaw 2023 No. 6600.001” (to redesignate 502 Howard Avenue from Parks & Open Spaces to Mixed-Use Corridor) pass first reading;
2. “City Plan Amendment Bylaw 2023 No. 6600.001” pass second reading; and,
3. “Zoning Amendment Bylaw 2023 No. 4500.213” (to rezone 564 Fifth Street, 502 Howard Avenue and 505 Howard Avenue from Low Density Residential [R6], Parks, Recreation and Culture Three [PRC3] and Community Service One [CS1] to Comprehensive Development District Zone 12 [CD12]) pass first reading;
4. “Zoning Amendment Bylaw 2023 No. 4500.213” pass second reading; and,
5. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2023 No. 4500.213” as outlined in the “Conditions of Rezoning” section of the Staff Report dated 2023-AUG-28 should Council support the bylaw at third reading.

 

b.

Alternative Approval Process - 502 Howard Avenue Park Dedication Removal

To be introduced by Karen Robertson, Deputy City Clerk, Legislative Services.

Purpose:  To obtain Council approval to proceed with an Alternative Approval Process for a disposition of parkland at 502 Howard Avenue.

Recommendation:  That Council:

1. determine the total number of electors of the area to which the approval process applies (the whole of the City of Nanaimo) to be 78,334;
2. establish a deadline of 4:30 p.m. on Friday, 2023-OCT-10 for receiving elector responses for the Alternative Approval Process in relation to “502 Howard Avenue Park Dedication Removal”;
3. approve the Elector Response Form as attached to the Staff report dated 2023-AUG-28, titled “Alternative Approval Process – 502 Howard Avenue Park Dedication Removal”;
4. give first reading to “Park Dedication Bylaw Amendment Bylaw 2023 No. 7182.01” (To remove park dedication on 502 Howard Avenue [Harewood Sports Field]);
5. give second reading to “Park Dedication Bylaw Amendment Bylaw 2023 No. 7182.01”; and,
6. give third reading to “Park Dedication Bylaw Amendment Bylaw 2023 No. 7182.01”.

c.

Rezoning Application No. RA485 - 6124 Metral Drive

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

Purpose:  To present Council with an application to rezone 6124 Metral Drive from Single Dwelling Residential [R1] to Residential Corridor [COR1] to facilitate a multi-family development. 

Recommendation:  That:

1. “Zoning Amendment Bylaw 2023 No. 4500.214” (to rezone 6124 Metral Drive from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass first reading;
2. “Zoning Amendment Bylaw 2023 No. 4500.214” pass second reading; and,
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2023 No. 4500.214” as outlined in the “Conditions of Rezoning” section of the Staff Report dated 2023-AUG-28 should Council support the bylaw at third reading.

d.

Rezoning Application No. RA488 - 2453 Labieux Road

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

Purpose:  To present Council with an application to rezone 2453 Labieux Road from Single Dwelling Residential [R1] to Low Density Residential [R6] with site-specific height, to facilitate a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2023 No. 4500.211” (to rezone 2453 Labieux Road from Single Dwelling Residential [R1] to Low Density Residential [R6] with site-specific height) pass first reading;
2. “Zoning Amendment Bylaw 2023 No. 4500.211” pass second reading;
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2023 No. 4500.211” as outlined in the “Conditions of Rezoning” section of the Staff Report dated 2023-AUG-28 should Council support the bylaw at third reading.

e.

Development Permit Application No. DP1308 - 855 Douglas Avenue

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

Purpose:  To present for Council’s consideration a development permit application to vary the watercourse setback for a proposed detached secondary suite at 855 Douglas Avenue.

Recommendation:  That Council issue Development Permit No. DP1308 for a proposed detached secondary suite within the watercourse leave strip at 855 Douglas Avenue with a variance as outlined in the “Proposed Variance” section of the Staff Report dated 2023-AUG-28.

1.

Add - Delegation from Paul Chapman, NALT

f.

Municipal Highway Naming Loretta Lane Bylaw 2023 No. 7366

To be introduced by Bill Corsan, Director, Corporate and Business Development.

Purpose:  To seek Council approval for the naming of a City laneway to facilitate addressing of a 15-unit strata townhouse development.

Recommendation:  That: 

1. “Municipal Highway Naming (Loretta Lane) Bylaw 2023 No. 7366” (to provide for the naming of a municipal highway) pass first reading;
2. “Municipal Highway Naming (Loretta Lane) Bylaw 2023 No. 7366” pass second reading; and,
3. “Municipal Highway Naming (Loretta Lane) Bylaw 2023 No. 7366” pass third reading.

13.

BYLAWS:

a.

"Highway Closure and Dedication Removal Bylaw 2023 No. 7364"

That "Highway Closure and Dedication Removal Bylaw 2023 No. 7364" (a bylaw to provide for highway closure and dedication removal of an unnamed laneway between 334 and 364 Haliburton Street) pass third reading.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Correspondence, dated 2023-AUG-16, from the Liquor and Cannabis Regulation Branch seeking feedback from local governments on the proposed regulatory amendment regarding primary identification

b.

Correspondence, dated 2023-AUG-16, from the Liquor and Cannabis Regulation Branch seeking feedback from local governments regarding the provincial licence cap policy

16.

QUESTION PERIOD:

17.

ADJOURNMENT: