Scanned Open Council Agenda

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Scanned Open Council Agenda AGENDA FOR THE REGULAR MEETING OF THE TWENTY-THIRD COUNCIL OF THE CITY OF NANAIMO, TO BE HELD IN THE REGIONAL DISTRICT OF NANAIMO BOARD CHAMBERS, 6300 HAMMOND BAY ROAD, NANAIMO, BC ON MONDAY, 2007-MAR-26, COMMENCING AT 7100P.M. CALL THE REGULAR MEETING OF COUNCIL TO ORDER: INTRODUCTION OF LATE ITEMS: ADOPTION OF THE AGENDA: ADOPTION OF MINUTES: (a) Minutes of the Regular Meeting of the Twenty-Third Council of the City of Nanaimo held in the Regional District of Nanaimo Board Chambers, 6300 Hammond Bay Road, Nanaimo, BC, on Monday, 2007-MAR-12 at 7:00 p.m. PRESENTATIONS: (a) Ceremony to sign Good Neighbour Agreement for the New Hope Centre. DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES) MAYOR'S REPORT: (a) Media Advisory regarding "VICC Wins Engineering Award." Pg. 8-9 PROCLAMATIONS: (a) Mrs. Sharon Paugh, Beta Sigma Phi, 3851 King Arthur Drive, Nanaimo, Pg. 10-11 BC, V9T 6B9, requesting that 2007-APR-29 to 2007-MAY-05 be proclaimed "BETA SIGMA PHI WEEK in the City of Nanaimo. (b) Ms. Denyse McCullough, Unit President, Canadian Cancer Society, Pg. 12-13 British Columbia and Yukon, Nanaimo Unit, 777E Poplar Street, Nanaimo, BC, V9S 2H7, requesting that the month of April, 2007, be proclaimed "CANADIAN CANCER SOCIETY'S DAFFODIL MONTH" in the City of Nanaimo. 9. REPORTS OF ADVISORY BODIES: COUNCIL 2007-MAR-26 PAGE 2 10. PARKS, RECREATION AND CULTURE COMMISSION: 11. STAFF REPORTS: (blue) DEVELOPMENT SERVICES: (a) DVPI 04 - Hawthorne Subdivision Staff's Recommendation: That Council: I. direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 04 for the Hawthorne Subdivision to vary the frontyard setback from 6 metres (19.69 feet) to 4.5 metres (14.76 feet); AND: 2. if Council is prepared to consider statutory notification, direct Staff to secure the proposed design principles as conditions of the variance permit, (b) DVPI I1- 5230 Fillinner Crescent Stars Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 11 at 5230 Fillinger Crescent to vary the maximum gross floor area from 390.18 square metres (4,200 square feet) to 468.2 square metres (5,040 square feet) to construct a two storey level entry single family dwelling. (c) DVPI 12 - 3323 Savannah Place Stars Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 12 at 3323 Savannah Place to vary the gross floor area from 390.18 square metres (4,200 square feet) to 424.4 square metres (4,566.4 square feet) in order to accommodate a covered rear and side deck. (d) DVPI 13 - 3319 Savannah Place Pg. 33-41 Stars Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPl13 at 3319 Savannah Place to vary the gross floor area from 390.18 square metres (4,200 square feet) to 433.6 square metres (4,667.2 square feet) in order to accommodate a covered rear porch. COUNCIL 2007-MAR-26 PAGE 3 (e) CIP1825 - Referral Request for Water Lease - 172 Captain Pg. 42-65 Morgans Boulevard (Protection Island) Staffs Recommendation: That Council either: I. support the application and recommend the Crown grant the lease; OR: 2. not support the application and recommend the Crown not grant the lease; OR: 3. provide no comment with respect to this application. (f) Road Closure Bylaw - Goodwin Road - BYLAW 2007 NO. 7045 Pg. 66 Staff's Recommendation: That Council: I. consider giving first two readings to "ROAD CLOSURE BYLAW 2007 NO. 7045," which appears under the bylaw section of this evening's agenda; AND: 2. approve, in principal, the sale of the proposed road closure area to Malaview Developments Ltd. for the sum of $237,000. (g) Expropriation of Right-of-way - 2500 Crystal Brook Way Pg. 67-69 Staff's Recommendation: That Council consider giving first three readings to "EXPROPRIATION BYLAW NO. 7048," which appears under the bylaw section of this evening's agenda, authorizing the City of Nanaimo to expropriate a right-of-way at 2500 Crystal Brook Way. (h) Propertv Disposal - 825 Milton Street Pg. 70-71 Staff's Recommendation: That Council authorize the Mayor and General Manager, Development Services, to execute the necessary documents to complete the sale of 825 Milton Street to Paul Edward 0 Carroll for the sum of $5,000. COUNCIL 2007-MAR-26 PAGE 4 (i) Unresolved Buildinq Deficiencies - Notice on Title (Section 57) Pg. 72-75 It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencieslillegal suiteslgrow operations for the following properties: (1) 2663 Willow Grouse Crescent - Illegal Construction 1 Secondary Suite (2) 21 19 Bay Street - Illegal Construction 1 Secondary Suite (3) 4022 Uplands Drive - Illegal Grow-Op 1 Roof Cover (4) 31 Lebarz Road - Illegal Grow-Op 1 Enclosed Carport Staffs Recommendation: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the above property(ies) at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter. (j) Unresolved Building Deficiencies - Remedial Action Requirements Pg. 76-85 /Section 72/73) It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencieslillegal suiteslgrow operations for the following properties: (1) 4022 Uplands Drive (2) 31 Lebarz Road (3) 3147 Smugglers Hill Drive (4) B2-2575 McCullough Road Staffs Recommendation: That Council, by resolution, pursuant to Sections 72(2) and 73(1) of the Community Charter, order the owner(s) to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charfer. (k) Unsightly Premises - Property Maintenance Bylaw No. 3704 Pg. 86-87 It is requested that Council hear anyone wishing to speak with respect to unsightly premises for the following properties: (1) 4394 Tiki Way Staffs Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of the above property(ies) to remove from the premises those items as set out in the resolutions within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. COUNCIL 2007-MAR-26 PAGE 5 COMMUNITY SERVICES: (I) Terasen Gas Locate Policy Staffs Recommendation: That Council pass the following resolution and bring it forward at the Association of Vancouver Island Coastal Communities (A VICC) Annual General Meeting: NATURAL GAS LINE LOCATION BY GAS UTILITIES WHEREAS pursuant to the Gas Safety Regulation, BC Reg. 103/2004, under the Safety Standards, Act, SBC 2003 c.39, a gas utility company has the option of indicating the location of buried gas lines by way of a plan provided to the local government rather than marking out the location on site; AND WHEREAS the installation methods for buried natural gas lines in many instances result in deflection from the intended alignment, with the result that plans provided by the major natural gas utility in the Province are not conducive to accurate location of gas lines in the field; AND WHEREAS the consequences of a gas line rupture can be extremely serious for residents, businesses and local government employees; THEREFORE BE IT RESOLVED THAT the Province be asked to amend the Gas Safety Regulation to require the gas utility company to attend on site to mark out buried gas line locations in connection with excavation work. (m) Terminal Avenue / Terminal Park Intersection Upgrades Pg. 91-92 Staff's Recommendation: That Council award the contract for the Terminal Avenue / Terminal Park lntersection Upgrades to the low tenderer, Hub City Paving, for the low bid of $655,035.85. 12. INFORMATION ONLY ITEMS: (a) Report from Fire Chief Ron Lambert re: Fire Station No. 4 Pg. 93-94 Environmental and Energy Efficient Measures. 13. RECONSIDERATION OF BYLAWS: (a) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.409" Pg. 95-97 (RA177 - to rezone from Rural Agricultural/Residential Zone (A-2) to Light Industrial Zone (1-2) at 4910 Goodwin Place) be adopted. COUNCIL 2007-MAR-26 PAGE 6 (b) That "LAND USE CONTRACT DISCHARGE BYLAW 2007 NO. 7042" Pg. 98-99 (RA177 to discharge Land Use Contract 1845 to allow for subsequent rezoning and lot consolidation with adjacent properties at 4910 Goodwin Place) be adopted. (c) That "FEES AND CHARGES BYLAW 2007 NO. 7041" (to establish fees Pg. 100-104 and charges for various City of Nanaimo Departments) be adopted. 14. INTRODUCTION OF BYLAWS: (a) That "HIGHWAY CLOSURE AND DEDICATION REMOVAL (PORTION Pg. 105-120 OF GOODWIN PLACE) BYLAW 2007 NO. 7045" (to stop up and close to traffic and remove highway dedication of a portion of Goodwin Road for the purpose of disposing of the land to the adjacent landowner) be given first reading. That "HIGHWAY CLOSURE AND DEDICATION REMOVAL (PORTION OF GOODWIN PLACE) BYLAW 2007 NO. 7045" (to stop up and close to traffic and remove highway dedication of a portion of Goodwin Road for the purpose of disposing of the land to the adjacent landowner) be given second reading. (b) That "EXPROPRIATION (PORTION OF 2500 CRYSTAL BROOK WAY) Pg. 121-129 BYLAW 2007 NO. 7048" (to provide for the expropriation of a portion of property at 2500 Crystal Brook Way for a sewerage right-of-way) be given first reading. That "EXPROPRIATION (PORTION OF 2500 CRYSTAL BROOK WAY) BYLAW 2007 NO. 7048" (to provide for the expropriation of a portion of property at 2500 Crystal Brook Way for a sewerage right-of-way) be given second reading.
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