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April 12, 2010

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April 12, 2010 AMENDED AGENDA FOR THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF NANAIMO, TO BE HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC ON MONDAY, 2010-APR-12, COMMENCING AT 7:00 P.M. 1. CALL THE REGULAR MEETING OF COUNCIL TO ORDER: 2. INTRODUCTION OF LATE ITEMS: • Delete Item 11 (c) - Staff Reports - Unsightly Property - 55 Comox Road. 3. ADOPTION OF AGENDA: 4. ADOPTION OF MINUTES: (a) Minutes of the Regular Meeting of the Council of the City of Nanaimo Pg.9-19 held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 201 0-MAR-22 at 7:00 p.m. 5. PRESENTATIONS: 6. DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES) (a) Delegations Pertaining to the 2010 - 2014 Financial Plan. (b) Ms. Nancy Falconer, Canadian Cancer Society, 750 Hillside Avenue, Pg. 20 Victoria, regarding proposed Bylaw 7102 to regulate the use of pesticides (5 MINUTES). (c) Ms. Joan Wagner, 2585 Glenayr Drive, Nanaimo, regarding proposed Pg. 21 Bylaw 7102 to regulate the use of pesticides (5 MINUTES). ( d) Ms. Adriane Schroeder, 351 Howard Avenue, Nanaimo, regarding Pg. 22 proposed Bylaw 7102 to regulate the use of pesticides (5 MINUTES). (e) Ms. Connie Kuramoto, 120 Craig Street, Nanaimo, regarding proposed Pg. 23 Bylaw 7102 to regulate the use of pesticides (5 MINUTES). (f) Mr. Serge Vaillancourt, 5320 Kenwill Drive, Nanaimo, regarding the Pg. 24 proclamation of 2010-APR-18 to 2010-APR-25 as "NATIONAL ORGAN AND TISSUE DONOR AWARENESS WEEK" in the City of Nanaimo. AGENDA - COUNCIL 2010-APR-12 PAGE 2 7. MAYOR'S REPORT: 8. PROCLAMATIONS: (a) That 2010-APR-18 to 2010-APR-25 is "NATIONAL ORGAN AND Pg. 25 TISSUE DONOR AWARENESS WEEK" in the City of Nanaimo. (b) That 2010-APR-19 to 2010-APR-23 is "PREVENTION OF VIOLENCE Pg.26-27 AGAINST WOMEN WEEK" in the City of Nanaimo. (c) That 2010-APR-25 to 2010-MAY-02 is "BETA SIGMA PHI WEEK" in the Pg. 28 City of Nanaimo. (d) That 2010-MAY-02 to 2010-MAY-08 is "HOSPICE PALLIATIVE CARE Pg. 29 WEEK" in the City of Nanaimo. 9. COMMISSION REPORTS: (a) Parks, Recreation and Culture Commission - Travel Assistance Pg.30-31 Application from the Snuneymuxw Islanders Commission's Recommendation: That Council deny the application for a Travel Assistance Grant for the Snuneymuxw Islanders because it does not meet two of the grant criteria - the team is not travelling to a regional, national or international competition, and they are not travelling out of province. (b) Minutes of the Parks, Recreation and Culture Commission Meeting Pg.32-40 held 2010-FEB-24 Commission's Recommendation: That Council receive the Minutes of the Parks, Recreation and Culture Commission meeting held 20 1O-FEB-24. 10. COMMITTEE REPORTS: (a) Transportation Advisory Committee Membership Pg.41-42 Committee's Recommendations: That Council: 1. adopt the "Mandate & Objectives" document attached to the report; AND: 2. direct Staff to advertise for four (4) community-at-Iarge members for appointment to the Transportation Advisory Committee. AGENDA - COUNCIL 2010-APR-12 PAGE 3 11. STAFF REPORTS: (blue) DEVELOPMENT SERVICES: (a) Regulation of the Use of Pesticides in the City of Nanaimo Pg.43-48 ACE'S Recommendation: That Council endorse the removal of Section 4(2) (exception for Certified Pesticide Applicators) from "PESTICIDE USE BYLAW 2010 NO. 7102." Staff's Recommendations: That Council: 1. consider "PESTICIDE USE BYLAW 2010 NO. 7102" which is presented under the Bylaws section of the agenda; and that it come into force and effect one year from adoption on 2011-APR-26; AND: 2. request that Staff review both the public education program and bylaw within three years of the bylaw's adoption. (b) DVP152 - 1066 Palomino Place Pg.49-55 Staff's Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP152 at 1066 Palomino Place. (c) Unsightlv Premises 55 Comox Road Pg. 56 (d) Unsightly Premises - 724 McBride Place Pg. 57 It is requested that Council hear anyone wishing to speak with respect to unsightly premises at 724 McBride Place. Staff's Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner(s) of 724 McBride Place to remove discarded wood and wood debris, household furniture, automobile parts, discarded windows, and miscellaneous debris from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. (e) Structure Removal Order - Illegal Secondary Suite- 4715 Lost Pg. 58 Lake Road It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 4715 Lost Lake Road. Staff's Recommendations: That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) of 4715 Lost Lake Road to remove the structure or bring it up to standard within thirty (30) days. AGENDA - COUNCIL 2010-APR-12 PAGE 4 (f) Structure Removal Order - Illegal Suite in a Duplex - 3127 Rock Pg. 59 City Road It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 3127 Rock City Road. Staff's Recommendations: That Council, pursuant to Sections 72 and _ 73 of the Community Charter, order the owner(s) of 3127 Rock City Road to remove the structure or bring it up to standard within thirty (30) days. (g) Structure Removal Order - 2350 Autumnwood Drive - Illegal Pg.60-61 Nonconforming Addition and Nonexistent Deck Guards It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 2350 Autumnwood Drive. Staff's Recommendations: That Council, pursuant to Section 73 of the Community Charter, hereby resolves that: 1. construction has taken place at 2350 Autumnwood Drive to remove the deck guards and build an addition to the side of the Single Family Dwelling which is considered to be in contravention of the BC Building Code and "BUILDING BYLAW 2003 NO. 5693"; AND: 2. the Owner/Agent/Lessee and Occupier of the Single Family Dwelling is hereby ordered to take the following remedial action within thirty (30) days of the receipt of notice of this Order: "Remove the addition and install guards that comply with the BC Building Code on the deck. " (h) Structure Removal Order - 42 Kanaka Place Illegal Pg.62-63 Nonconforming Deck and Stairs It is requested that Council hear anyone wishing to speak with respect to the structure removal order at 42 Kanaka Place. Staff's Recommendations: That Council, pursuant to Section 73 of the Community Charter, hereby resolves that: 1. construction has taken place to attach a deck to the rear of the Single Family Dwelling located at 42 Kanaka Place and is considered to be in contravention of the BC Building Code, "BUILDING BYLAW 2003 NO. 5693", and "ZONING BYLAW 1993 NO. 4000"; AND: AGENDA - COUNCIL 2010-APR-12 PAGE 5 2. the Owner/Agent/Lessee and Occupier of the Single Family Dwelling is hereby ordered to take the following remedial action within thirty (30) days of the receipt of notice of this Order: "Remove the portion of the deck and the stairs that are within five feet of. the property line and install guards that comply with the BC Buiding Code on the side of the deck" (i) Unresolved Building Deficiencies - Notice on Title (Section 57) Pg.64-66 It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/bylaw contravention notices for the properties listed below. Staff's Recommendation: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the properties listed below at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter: (1) 3127 Rock City Road - Illegal Construction / Addition to include an Illegal Dwelling Unit (2) 564 Campbell Street - Illegal Construction / Alterations to include two Illegal Dwelling Units. CORPORATE SERVICES: (j) Amendment to the Economic Development Commission Bylaw Pg. 67 Staff's Recommendation: That Council receive the report pertaining to "ECONOMIC DEVELOPMENT COMMISSION AMENDMENT BYLA W 2010 NO. 7098.01", which appears under the Bylaws section of the agenda. COMMUNITY SERVICES: (k) Northfield Road - Dorman Road to Boundary Avenue Watermain Pg.68-69 Upgrade Staff's Recommendation: That Council award the contract for Northfield Road - Dorman Road to Boundary A venue Watermain Upgrade to the low tenderer, Palladian Developments Inc., for the low bid of $681,678.19. (I) Sanitary Sewer Relining Contract Extension Pg. 70 Staff's Recommendation: That Council extend the existing contract for the 2010 Sewer Relining Contract to the low tenderer, Mar-Tech Underground Services Ltd., for the amount of $285,229.10. AGENDA - COUNCIL 2010-APR-12 PAGE 6 12. INFORMATION ONLY ITEMS: (a) Report from Mr. J. Holm, Manager of Planning, re: LA50 / Application Pg. 71-72 for Structural Change - 275 Skinner Street. (b) Report from Mr. B. Anderson, Manager of Community Planning, Pg. 73-75 re: Neighbourhood Plan Process Update. 13. RECONSIDERATION OF BYLAWS: To Be Moved By Councillor Holdom (a) That "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.464" Pg.76-77 (RA226 - 635 Second Street - to rezone property from Single Family Residential Zone [RS-1] to Single Family Small Lot Zone [RS-6] in order to facilitate a three-lot subdivision) be adopted. (b) That "HOUSING AGREEMENT BYLAW 2010 NO. 7101" (to authorize a Pg.78-83 Housing Agreement between the City of Nanaimo and the Salish Lelum Housing Society regarding an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street) be adopted.
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