AGENDA

REGULAR COUNCIL MEETING

Meeting #:
Date:	Monday, August 26, 2019
Time:	4:30 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:

(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;

(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, 2019-JUL-22, at 4:00 p.m.

6.

MAYOR'S REPORT:

7.

PRESENTATIONS:

8.

DELEGATIONS:

9.

CONSENT ITEMS:

a.

Advisory Committee Minutes

1.

Minutes of the Finance and Audit Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Wednesday, 2019-JUN-26, at 9:00 a.m.

2.

Minutes of the Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Thursday, 2019-JUL-11, at 5:00 p.m.

3.

Minutes of the Governance and Priorities Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Monday, 2019-JUL-15, at 1:00 p.m.

4.

Minutes of the Design Advisory Panel Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Thursday, 2019-JUN-27, at 5:00 p.m.

5.

Minutes of the Health and Housing Task Force Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC on Wednesday, 2019-JUL-17, at 3:00 p.m.

b.

Committee Recommendations

1.

2019-JUL-15 Governance and Priorities Committee Meeting

[Note:  A link to the agenda for the 2019-JUL-15 Governance and Priorities Committee is attached for information.]

1.

Agenda Committee

That Staff prepare Terms of Reference for an Agenda Committee for discussion during the August or September Governance and Priorities Committee meeting; the Agenda Committee would review and prioritize agenda items for the Governance and Priorities Committee, Finance and Audit Committee and Regular Council meetings. 

2.

2019-JUL-29 Governance and Priorities Committee Meeting

[Note:  A link to the agenda for the 2019-JUL-29 Governance and Priorities Committee is attached for information.]

1.

Downtown Nanaimo Key Opportunities

That Council approve the ‘quick wins’ as presented in the Staff Report titled “Downtown Nanaimo Key Opportunities”, dated 2019-JUL-29, and direct Staff to move forward with their implementation.

3.

2019-AUG-07 Health and Housing Task Force Meeting

[Note: A link to the agenda for the 2019-AUG-07 Health and Housing Task Force is attached for information.]

1.

Health and Housing Task Force Key Date Calendar

That Council approve the Health and Housing Task Force Key Date Calendar as presented.

10.

REPORTS:

a.

Liquor Licence Application No. LA139 - 245 Fraser Street

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

Purpose:  To present Council with an application for the existing liquor primary licence for the Fraternal Order of Eagles, Aerie No. 15, to extend its hours of liquor service at 245 Fraser Street.

Recommendation:  That Council recommend the Liquor Control and Licensing Branch approve an application to extend the hours of liquor service for the existing liquor primary licence for the property located at 245 Fraser Street from the current 11 a.m. to 9 p.m. (Sunday), 11 a.m. to 11 p.m. (Monday through Thursday), and 11 a.m. to 12 a.m. (Friday and Saturday) to the new hours of 11 a.m. to 1 a.m., seven days a week.

b.

Housing Agreement - 337 Robson Street

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

Purpose:  To present Council with a Housing Agreement to secure rental housing for a 31-unit multiple-family residential development at 337 Robson Street.

Recommendation:  That:  

1. “Housing Agreement Bylaw 2019 No. 7291” (To authorize a housing agreement for a 31-unit multiple-family rental housing building at 337 Robson Street) pass first reading;
2. “Housing Agreement Bylaw 2019 No. 7291” pass second reading;
3. “Housing Agreement Bylaw 2019 No. 7291” pass third reading; and
4. Council direct Staff to register a covenant to reinforce the terms of the housing agreement. 

c.

Rezoning Application No. RA372 - 2379 Browns Lane

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

Purpose:  To present Council with an application to rezone the subject property at 2379 Browns Lane from Single Dwelling Residential (R1) to Residential Corridor (COR1) in order to permit a 27-unit multiple-family development.

Delegation:

1. Jack Anderson, Greenplan.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2019 No. 4500.157” (To rezone 2379 Browns Lane from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass first reading;
2. “Zoning Amendment Bylaw 2019 No. 4500.157” pass second reading; and,
3. Council direct Staff to secure the road dedication, community amenity contribution, and reciprocal access agreement prior to the adoption of the bylaw, should Council support the bylaw at third reading.

d.

OCP Amendment Application - OCP89 and Rezoning Application RA395 - 388 Machleary Street

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

Purpose:  To present for Council’s consideration, an Official Community Plan amendment application to amend the land-use designation within the Official Community Plan from Neighbourhood to Corridor, to amend the text of the Old City Neighbourhood Concept Plan, and to concurrently present for Council’s consideration a “City of Nanaimo Zoning Bylaw 2011 No. 4500” amendment application to rezone the subject property from Community Service One to Comprehensive Development Eleven to develop a 175-unit multi-family development.

Delegations:

1. Janet Wright, member of Nanaimo Old City Association.
2. Andre Molnar, Molnar Group
3. Dak Molnar, Molnar Group
4. David McGrath, Wensley Architecture Ltd.

Recommendation:  That:

1. “Official Community Plan Amendment Bylaw 2019 No. 6500.040” (To re-designate 388 Machleary Street on the Future Land Use Plan [Map 1] from ‘Neighbourhood’ to ‘Corridor,’ and to amend the text of Section 4.1.2 ‘Land Use Designations’ of the Old City Neighbourhood Concept Plan) pass first reading;
2. “Official Community Plan Amendment Bylaw 2019 No. 6500.040” pass second reading;
3. “Zoning Amendment Bylaw 2019 No. 4500.124” (To rezone 388 Machleary Street from Community Service One [CS1] to Comprehensive Development Eleven [CD11]) pass first reading;
4. “Zoning Amendment Bylaw 2019 No. 4500.124” pass second reading; and
5. Council direct Staff to secure road dedication, community amenity contribution, site improvements, and public rights-of-way prior to adoption of the “Zoning Amendment Bylaw 2019 No. 4500.124”, should Council support the bylaw at third reading.

e.

Nuisance Abatement and Cost Recovery Bylaw

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

Purpose:  To present for Council’s consideration the City of Nanaimo “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250”.

Recommendation:  That:

1. “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250” (To prevent, abate, and prohibit nuisances and provide for the cost recovery of abatement or nuisances) pass first reading;
2. “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250” pass second reading; and
3. “Nuisance Abatement and Cost Recovery Bylaw 2019 No. 7250” pass third reading.

f.

Traffic and Highways Regulation Bylaw Amendment

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

Purpose:  To present for Council’s consideration an amendment to the City of Nanaimo “Traffic and Highways Regulation Bylaw 1993 No. 5000” relating to disabled parking permits.

Recommendation:  That:

1. “Traffic and Highways Regulation Amendment Bylaw 2019 No. 5000.046” (To remove the time-limit and payment exemptions for vehicles displaying disabled parking permits in City parkades) pass first reading;
2. “Traffic and Highways Regulation Amendment Bylaw 2019 No. 5000.046” pass second reading; and
3. “Traffic and Highways Regulation Amendment Bylaw 2019 No. 5000.046” pass third reading.

11.

BYLAWS:

a.

"Subdivision Control Amendment Bylaw 2019 No. 3260.04"

That "Subdivision Control Amendment Bylaw 2019 No. 3260.04" (To amend Schedule A - Manual of Engineering Standards and Specifications) be adopted.

b.

"Zoning Amendment Bylaw 2019 No. 4500.142"

That "Zoning Amendment Bylaw 2019 No. 4500.142" (To rezone 6683 Mary Ellen Drive to allow "Cannabis Retail Store" as a site-specific use in Woodgrove Urban Centre [CC4] Zone) be adopted.

c.

"Zoning Amendment Bylaw 2019 No. 4500.143"

That "Zoning Amendment Bylaw 2019 No. 4500.143" (To rezone 3200 Island Highway North to allow "Cannabis Retail Store" as a site-specific use in the City Commercial Centre [CC3] Zone) be adopted.

d.

"Zoning Amendment Bylaw 2019 No. 4500.150"

That "Zoning Amendment Bylaw 2019 No. 4500.150" (To rezone 6404 Metral Drive to allow "Cannabis Retail Store" as a site-specific use in the Woodgrove Urban Centre [CC4] zone) be adopted.

e.

Bylaw Status Sheet (For Information)

12.

CORRESPONDENCE:

13.

NOTICE OF MOTION:

14.

OTHER BUSINESS:

a.

Councillor Bonner Motion regarding Commercial Properties Along Bus Routes

During the Regular Council Meeting 2019-JUL-08, Councillor Bonner advised that he would be bringing forward the following motion for consideration at a future meeting:

"That Council direct Staff to send a letter to all property owners of commercial properties along all bus routes in the City of Nanaimo reminding the owners of the following:

•  “Traffic and Highways Regulation Bylaw 1993. No. 5000” Section 3(21) titled “Trees over Highways” which reads “Every person being the owner or occupier of real property shall cause all trees, shrubs, or other vegetation to be properly trimmed and cut back, so as to prevent physical obstruction or visibility impairment to pedestrian and vehicle traffic on a sidewalk or highway.

And

• "Traffic and Highways Regulation Bylaw 1993. No. 5000” PART 3 Section 22(1) titled “Removal of Snow, Ice or Rubbish” which reads “Owners or occupiers of real property shall remove snow, ice or rubbish from the sidewalk and footpaths bordering the property owned or occupied by them within 24 hours of the accumulation of such snow, ice or rubbish on such sidewalk.

And that both sections of the bylaw will be strictly enforced by ticketing without warning starting September 1, 2019."

15.

QUESTION PERIOD:

16.

ADJOURNMENT: