MINUTES OF THE 2003-MAY-12 MEETING OF THE TWENTY-SECOND COUNCIL OF THE CITY OF NANAIMO HELD IN THE COUNCIL CHAMBER, CITY HALL, COMMENCING AT 7:00 P.M.
PRESENT: Acting Mayor R. A. Cantelon, Chair
Members: Councillor M. D. Brennan Councillor W. J. Holdom Councillor T. K. Krall Councillor L. D. McNabb Councillor C. S. Manhas Councillor L. J. Sherry Councillor D. Tyndall
Absent: Mayor G. R. Korpan
Others: Ms. Lorana LaPorte, Church Pickard & Co.
Staff: G. D. Berry E. C. Swabey A. C. Kenning T. P. Seward A. W. Laidlaw L. Coates B. N. Mehaffey J. T. Bowden B. E. Clemens K. L. Burley T. M. Hickey L. Mitchell K. M. MacKenzie
1. ADOPTION OF MINUTES:
(a) Minutes of the 2003-APR-14 Meeting of the Twenty-Second Council of the City of Nanaimo held in the Council Chamber, City Hall at 7:00 p.m.
Moved by Councillor Krall, seconded by Councillor Tyndall that the Minutes be adopted as circulated. The motion carried.
(b) Minutes of the 2003-APR-28 Meeting of the Twenty-Second Council of the City of Nanaimo held in the Council Chamber, City Hall at 7:00 p.m.
Moved by Councillor Krall, seconded by Councillor Manhas that the Minutes be adopted as circulated. The motion carried. COUNCIL 2003-MAY-12 PAGE 2
2. INTRODUCTION OF LATE ITEMS:
(a) Mr. J. T. Bowden, Senior Manager of Corporate Administration advised that the following items had been distributed prior to the meeting:
· two City Manager's supplemental reports · a list of supplemental delegations · supplemental correspondence · a supplemental Information Only report
(b) Councillor Sherry advised that he would be giving a verbal update regarding the Toyota Greenhouse Seminar in Regina.
(c) Councillor Brennan advised that Ms. Amy Abbott was in attendance and wished to address Council as a late delegation regarding the Street Entertainers Bylaw.
Moved by Councillor Brennan, seconded by Councillor Holdom that Ms. Abbott be permitted to address Council as a late delegation with a five-minute time limitation. The motion carried.
3. RECEIVING OF DELEGATIONS:
Moved by Councillor Krall, seconded by Councillor McNabb that the Delegations be permitted to address Council. The motion carried.
(a) Delegations pertaining to the 2003 - 2007 Financial Plan.
No one in attendance wished to address Council regarding the Financial Plan.
(b) Ms. Tina Schoen and Ms. Brenda Stebner, Nanaimo Gay Pride Planning Committee, 911 Chelsea Street, Nanaimo, B.C., regarding “GAY PRIDE WEEK” in the City of Nanaimo.
Ms. Schoen and Ms. Stebner were previously authorized to address Council.
Ms. Schoen stated that:
- she chooses to be involved in gay pride because it is important to her to work pro-actively for positive social change at the grass-roots community level. - gay pride is celebrated globally, nationally and locally in almost every city ni the world. - they are in their sixth year of celebrating in Nanaimo, and have events planned for 2003-JUN-28 and 29, including a marketplace, a community picnic at Bowen Park, a car, truck and bike “Show ‘n Shine”, a baking contest, and a dance. - on the Sunday there is the popular “Drag Ball Game”, which is a lot of fun. - the events are open to everyone; they are not just for gay, lesbian, transgender or bisexual people. - they have gay pride because homophobia is rampant; we have come a long way in efforts to eradicate it, but it’s still very much present and affects a lot of people. COUNCIL 2003-MAY-12 PAGE 3
- people who live their lives in the closet or who are targetted for their sexual orientation are more prone to depression, addictions and suicide. - this is especially true for gay youth, as recent stories in the news have shown. - pride is a celebration of diversity, of connectedness and caring, and its activities provide support for those struggling, and visibility for the community as a whole. - it is also about celebrating who they are and being proud of that. - the economic benefits of gay pride are huge; it was the fourth largest event in Vancouver in 1999. - Tourism Montreal estimates that this summer’s Pride Festival will bring in over 250,000 people, and will generate economic spin-offs of over $17 Million for the City. - one million people lined Yonge Street in downtown Toronto to watch last year’s Pride parade, and an estimated $76 Million was spent there during Pride Week. - there is a lot of support in this community for gay pride and they hope that Council will support their bid for a proclamation. - the Rainbow Flag was designed in 1978 to represent the diversity of the gay community; it is recognized by the International Congress of Flag Makers and is flown in lesbian and gay pride marches worldwide and signifies safety, inclusion and recognition. - when they can choose, and openly be with the partner of their choice, enjoy the same benefits and responsibilities as heterosexual people, and live free from harassment, violence and discrimination towards them because of their sexual orientation, they may not need gay pride. - they are asking for Council’s recognition and support by proclaiming June 23 - 29 as Gay Pride Week in Nanaimo, and further that our City consider joining others in flying the Rainbow Flag over City Hall during Pride Week. - she extended an invitation to everyone to come to Bowen Park on June 28 and 29 and join them for some great community fun.
Moved by Councillor Sherry, seconded by Councillor Brennan that the presentation be received. The motion carried.
(c) Mr. Leroy Wood, 808 Royal Canadian Air Force Association, Nanaimo, regarding their request for a Permissive Tax Exemption Cash Grant.
Mr. Wood was previously authorized to address Council.
Mr. Wood stated that:
- he lives at 5530 Hammond Bay Road and is speaking as a member of 808 Thunderbird RCAF Wing, which is a charter member of the Air Force Association of Canada. - 808 Wing received its charter in 1966 and is a registered in B.C. not-for-profit society. - their Wing is made up of about 130 ageing members, mostly veterans, 80 percent of whom live in Nanaimo. - the Association stands for loyalty to the reigning sovereign and principles of democratic ordered government. - they participate in local and community programs, especially those designed to develop the physical, mental and moral well-being of our nation’s youth, particularly Air Cadets. COUNCIL 2003-MAY-12 PAGE 4
- in 1966 they took over the sponsorship of the 205 Squadron Air Cadets from the Nanaimo Rotary Club and have provided that sponsorship since then, with no assistance from the City. - without charge, they provide the Cadets with facilities, utilities, equipment and support for their activities in numerous ways. - they have some income from bingo and all of it is used for the Air Cadets activities; they do not retain any administration fees. - they are also the franchise holder in Nanaimo for the Ident-a-Kid Program; they pay all the costs, their members operate the program as volunteers, and they do not charge anyone for this public service. - in addition, they provide an annual bursary to a graduating community high school student. - in 1983 they leased about one acre of Federal land at the Army Camp on Fifth Street where they built a facility to accommodate the 205 Squadron. - in early January they were surprised to receive a belated 2002 Property Tax Notice from the City, as well as an Assessment Notice. - the property had never been assessed or taxed previously, nor had they been given any indication that this was about to happen. - they have not paid the 2002 taxes, nor the 10 percent penalty that was to become due on 2003-FEB-08. - they were successful in appealing their assessment and hope that an adjustment will be made to their 2002 taxes and penalties. - their financial situation has declined for the past several years and they have had to use their contingency funds which were earmarked for building completion and maintenance. - they re-designated the funds for building relocation or replacement because of the pending First Nation land claim settlement. - it now appears that they will have to install fencing, re-direct their utility service connections and their access road to Nanaimo Lakes Road. - the roof on their building needs replacing and they have received quotes in the vicinity of $10,000. - a 1986 van that they use to transport Air Cadets to their activities is in need of replacement at a cost in excess of $20,000. - these anticipated costs will more than deplete their contingency fund. - the additional burden of the property taxes means that they are overwhelmed and cannot survive this crisis. - 205 Air Cadet Squadron was formed in 1942 during World War II. - during the Squadron’s 60th Anniversary it was found that more than 5,000 Nanaimo teenagers had been members of this Squadron. - approximately 120 teenagers join Cadets each year, free of charge; their uniforms are provided and most of their activities are free as well. - these teenagers do not have time to loiter in the malls, 7-Eleven’s, or other hangouts, or enter into other disruptive activities. - in other words, they take about 120 teenagers off the streets of Nanaimo and train them in life skills and good citizenship. - 205 Squadron Air Cadets are in award-winning bands, drill teams, biathlon events, exchange trips, the Duke of Edinburgh program, and community parades and events. - during the Summer Games last year the Cadets volunteered as workers, and they also promote the City when travelling to the camps and foreign countries. - they do canvassing for a number of charities in the local area. COUNCIL 2003-MAY-12 PAGE 5
- they hope that Council will consider their applications favourably.
Moved by Councillor Krall, seconded by Councillor Sherry that the presentation be received. The motion carried.
(d) Colonel A. G. Lynch-Staunton and Lieutenant Colonel Lloyd Sherrard, 5th BC Field Regiment and Juno Beach Association, seeking Council’s support of a donation to the Juno Beach Memorial Education Centre.
Colonel Lynch-Staunton was previously authorized to address Council.
Colonel Lynch-Staunton stated that:
- he lives in Qualicum Beach and is a Director of the Juno Beach Centre Association which is engaged in building a memorial and educational centre to commemorate and teach of the outstanding contribution that Canada made to the allied effort during World War II. - he belongs to the 14th Field Regiment Association which landed on Juno Beach in Normandy on 1944-JUN-06, in support of an Infantry Batallion of the Queen’s Own Rifles from Toronto. - the casualty rate was quite high, but not unexpected. - after the war, the members of the 14th Field formed themselves into an Association which continues to carry on activities. - they sponsored exchanges between Dutch and Canadian children, which made them realize that there was no memorial anywhere in the world to commemorate Canada’s contribution. - Canada provided 1,000,000 people, under arms, to all three services and the Merchant Navy - the bulk of whom were volunteers; this is a tremendous contribution from a population at that time of 10,000,000. - we all know about the VIMY memorial which commemorated the activities of Canadians in World War I, but there is nothing for World War II. - one of their officers formed an association about six years ago with the objective of building a memorial and educational centre. - the town of Courseulles-sur-Mer, which is just down the beach from where they landed on D-Day, donated land to start the Centre. - they have reached their goal of $10 Million for capital costs for this project, and still have to raise operational costs of approximately $1 Million. - the centre is located at Courseulles-sur-Mer on the Normandy coast of France; the official opening is on 2003-JUN-06. - the Prime Minister will be attendance, as will the Minister of Veterans Affairs and the Minister of Defence; those World War II Veterans able to attend will be designated as VIPs. - so far they have had donations from many cities, Provinces and organizations, and he requested that the City help with their funding. COUNCIL 2003-MAY-12 PAGE 6
- he suggested that as former Mayor Frank Ney was a decorated Veteran of World War II, the City might wish to purchase a brick to be mounted at the centre.
Moved by Councillor Krall, seconded by Councillor McNabb that the presentation be received. The motion carried.
Moved by Councillor Krall, seconded by Councillor Sherry that Council authorize the purchase of a brick in the amount of $2,500. for the Juno Beach Memorial Education Centre, and that the funds be appropriated from the 2003 Council Contingency Fund. The motion carried.
(e) Mr. Rick Jones, Architect, Urban Design Group Architecture Inc., regarding Development Variance Permit DVP00058 - 3200 Island Highway. (Supplemental)
Mr. Jones was previously authorized to address Council.
Mr. Jones stated that:
- they are the Architects doing the remodelling for Country Club Centre. - since Wal-Mart has left, the Centre has had some tough times, but he is happy to say that it is now almost 100 percent full with new and expanded tenants. - he displayed a map to illustrate the length of the Centre and the variance they are requesting. - some of the tenants include Future Shop, Lazy Boy Furniture, Jysk Furniture, Sport Mart, the bank, and liquor store. - when they re-did the Save-On Foods end of the mall, they deleted a couple of entrances and created a new one. - the Wal-Mart space has been reduced and the front has been pushed back by about 35 feet in order to create more parking on the site. - since this pushes the entrances back about 45 feet, they wanted to accentuate both entrances so they could be seen from both the Island Highway and the parking lots. - the design of Save-On Foods started with the galvalume, which they have tried to bring through the balance of the Centre to have a tie-in effect. - the structures themselves are not cheap, but they feel they are quite important to make the Centre successful; they cost about $165,000. each. - the structures will be lit at night so there is some reflection on them; the highest point of the main fin structure itself is 52 feet, and there is an additional spire area which is a very thin tapering member that goes up another 23 feet. - they are trying to create a curved effect, starting from the spire itself down into the Centre, and in the opposite direction for the other end. - they are asking for Council’s approval for a variance in the height of the structure itself.
Moved by Councillor Sherry, seconded by Councillor McNabb that the presentation be received. The motion carried.
(f) Ms. Amy Abbott, 956 Glen Crescent, Nanaimo, regarding the Street Entertainers Bylaw. (Supplemental)
Ms. Abbott was previously authorized to address Council as a late delegation. COUNCIL 2003-MAY-12 PAGE 7
Ms. Abbott stated that:
- she is 20 years old, and suffers from a severe anxiety disorder which sometimes makes her shake to the point of falling down. - she makes jewellery as a form of meditation, and it takes her mind off the stressful things that are going on. - last year on Bathtub Weekend, the R.C.M.P. started harassing her and she was very upset. - she spoke to Council regarding this, arguing the point that the City didn’t consider her a busker at the time, but now they do. - last year the City wanted her to pay $165. for a licence; this year it’s $20., which she appreciates very much because she can afford that. - as a busker she can only be in the designated spots for up to two hours, with no more than a couple of pieces of jewellery on display; she also has to sell it by donation and to make it while sitting there. - her only objection is with only being able to display a couple of pieces of jewellery. - she feels it’s hard enough for people to notice her because she is quiet and minds her own business; if she only had a couple of pieces of jewellery, she doesn’t think they’d notice her at all. - she has signatures of 341 people who believe what she is doing is right, that she has not harassed anybody and that think this part of the law should be changed. - she is basically a tour guide at the waterfront, and when asked, she shows people how she makes her jewellery. - this is her livelihood; she is on income assistance and is trying to get off it by making extra money selling her jewellery.
Moved by Councillor Tyndall, seconded by Councillor Manhas that the presentation be received. The motion carried.
4. MAYOR’S REPORT:
(a) 136th Empire Days Celebrations
Acting Mayor Cantelon advised that Nanaimo has one of the oldest Empire Days Parades in Canada. This year it is being held on Sunday, 2003-MAY-18. He saluted the Empire Days Committee who work so hard every year to make it a success.
5. PROCLAMATIONS:
(a) Ms. Wendy Pratt, Executive Director, Mid Island Hospice Society, 1729 Boundary Avenue, Nanaimo, B.C., requested that the week commencing 2003-MAY-25 through 2003-MAY-31 be proclaimed “HOSPICE PALLIATIVE CARE WEEK” in the City of Nanaimo.
Moved by Councillor Tyndall, seconded by Councillor Brennan that the week commencing 2003-MAY-25 through 2003-MAY-31 be proclaimed “HOSPICE PALLIATIVE CARE WEEK” in the City of Nanaimo. The motion carried. COUNCIL 2003-MAY-12 PAGE 8
(b) Mr. Darryl Sheepwash, Summer Employment Officer, Hire A Student, 201 - 60 Front Street, Nanaimo, B.C., requested that the week commencing 2003-JUN-02 through 2003-JUN-06 be proclaimed “HIRE A STUDENT WEEK” in the City of Nanaimo.
Moved by Councillor Krall, seconded by Councillor Holdom that the week commencing 2003-JUN-02 through 2003-JUN-06 be proclaimed “HIRE A STUDENT WEEK” in the City of Nanaimo. The motion carried.
(c) Mr. Robin Lee Gibson and Mr. Jim Hackett, Wheels in Motion Committee, 405 - 1632 Crescent View Drive, Nanaimo, B.C., requested that Saturday, 2003-JUN-14 be proclaimed “WHEELS IN MOTION DAY” in the City of Nanaimo.
Moved by Councillor Brennan, seconded by Councillor McNabb that Saturday, 2003-JUN-14 be proclaimed “WHEELS IN MOTION DAY” in the City of Nanaimo. The motion carried.
(d) Ms. Amanda Cliff, Director General, Communications Branch, Indian and Northern Affairs Canada, requested that Saturday, 2003-JUN-21 be proclaimed “NATIONAL ABORIGINAL DAY” in the City of Nanaimo.
Moved by Councillor Holdom, seconded by Councillor Krall that Saturday, 2003-JUN-21 be proclaimed “NATIONAL ABORIGINAL DAY” in the City of Nanaimo. The motion carried.
(e) Ms. Tina Schoen and Ms. Brenda Stebner, Nanaimo Pr ide 2003, 911 Chelsea Street, Nanaimo, B.C., requested that the week commencing 2003-JUN-23 through 2003-JUN-29 be proclaimed “GAY PRIDE WEEK” in the City of Nanaimo.
Moved by Councillor Brennan, seconded by Councillor Holdom that the week commencing 2003-JUN-23 through 2003-JUN-29 be proclaimed “GAY PRIDE WEEK” in the City of Nanaimo, and that the Rainbow Flag be flown over City Hall for the week.
Councillor Sherry requested a recorded vote.
IN FAVOUR OPPOSED Councillor Brennan Councillor Sherry Councillor Cantelon Councillor Holdom Councillor Krall Councillor McNabb Councillor Manhas Councillor Tyndall
The motion carried. COUNCIL 2003-MAY-12 PAGE 9
(f) Mr. Bob Ducharme, President, Unit 61, Korea Veterans’ Association of Canada, Nanaimo Branch, 3629 RockCliffe Drive, Nanaimo, B.C., requested that the week commencing 2003-JUL-21 through 2003-JUL-27 be proclaimed “UNIT 61 KOREA VETERANS’ MEMORIAL WEEK” in the City of Nanaimo.
Moved by Councillor Krall, seconded by Councillor Sherry that the week commencing 2003-JUL-21 through 2003-JUL-27 be proclaimed “UNIT 61 KOREA VETERANS’ MEMORIAL WEEK” in the City of Nanaimo. The motion carried.
(g) Ms. Enid Rempel, Fundraising Chairperson, Child Development Centre, 1135 Nelson Street, Nanaimo, B.C., requested that the week commencing 2003-JUL-14 through 2003-JUL-20 as “SILLY BOAT REGATTA WEEK” in the City of Nanaimo.
Moved by Councillor Tyndall, seconded by Councillor Holdom that the week commencing 2003-JUL-14 through 2003-JUL-20 as “SILLY BOAT REGATTA WEEK” in the City of Nanaimo. The motion carried.
6. REPORTS OF ADVISORY BODIES:
(a) 2003 Grants Advisory Committee Recommendations
The Grants Advisory Committee has held one meeting this year. To date, the Committee has conducted an initial review of all the applications received and is able to make recommendations on the majority of applications. The Committee will bring forward its recommendations on the remaining applications in the coming weeks once it has completed its review. Any new applications will be brought forward to Council as they are received and reviewed by the Grants Advisory Committee.
The Grants Advisory Committee has reviewed in detail the financial data and background information provided by the applicants. Recommendations are made in accordance with the Grants Policy and Guidelines adopted by Council.
The Committee recognizes both the limited funding that the City has available and the excellent community services provided by the various organizations. The Committee is hopeful that the funds allocated by Council will allow the organizations in need of assistance to continue to provide their valuable services. COUNCIL 2003-MAY-12 PAGE 10
Recommendations: That Council:
1. award Community Service grants to the following applicants:
Nanaimo Non-violence Society (CS-07) $2,500 Nanaimo Volunteer and Information Centre Society (CS-08) $726
2. award Travel Assistance grants to the following applicants:
Coal Tyee Elementary School (T-01) $600 Wellington Elementary School Band (T-02) $1,000 Nanaimo Youth Darts Association (T-03) $200
3. award a Permissive Tax Exemption (PTE) cash grant for the following applicants for 2002 and 2003 taxes:
2002: 808 (Thunderbird) RCAF (PTE-01) $6,630.38 2003: 808 (Thunderbird) RCAF (PTE-01) $6,570.85
and that the 2002 cash grant be appropriated from Council contingency. The 2003 cash grant would be funded from the committee’s PTE cash grant budget. The 2002 recommended cash grant is based on a BC Assessment supplementary in progress. If the actual assessed value and class differ from the recommendation above, the committee will return to Council for further direction.
4. not award Community Service grants to the following applicants at this time:
Street Life Ministry (CS-01) Central Vancouver Island Crisis Society (CS-02) People for a Healthy Community on Gabriola Society (CS-03) Nanaimo Men’s Resource Centre (CS-04) Nanaimo Brain Injury Society (CS-05)
5. not award a grant to the following applicant at this time:
Nanaimo Empire Days Celebration Society (OG-01)
Moved by Councillor McNabb, seconded by Councillor Brennan that the report of the Grants Advisory Committee be received and the recommendations be adopted. The motion carried. COUNCIL 2003-MAY-12 PAGE 11
7. PARKS, RECREATION AND CULTURE COMMISSION:
The following items were considered by the Parks, Recreation and Culture Commission at its meeting held 2003-APR-23.
(a) Review of the Leisure Economic Access Policy (LEAP)
Commission’s Recommendation: The Parks, Recreation and Culture Commission recommends that Council amend the qualifying income levels for the Leisure Economic Access Program Policy to be based on gross income and be set at:
1 person family - $13,781 annually 2 person family - $18,680 annually 3 person family - $23,744 annually 4 person family - $27,338 annually 5 person family - $29,868 annually 6 plus person family - $32,420 annually; and further;
That the ceiling of the 50 percent program registration subsidy for LEAP be increased to $40 on programs costing $80 or more.
Moved by Councillor Holdom, seconded by Councillor McNabb that the report be received and the recommendation of the Parks, Recreation and Culture Commission be adopted. The motion carried.
(b) 2003 Cultural Grants
Commission’s Recommendation: The Parks, Recreation and Culture Commission recommends that Council allocate from the Cultural Grant Fund:
1. $3,200 to the Symphony in the Harbour Event; and,
2. $3,000 to the Vancouver Island Festival for Young Audiences Event.
Moved by Councillor Holdom, seconded by Councillor McNabb that the report be received and the recommendation of the Parks, Recreation and Culture Commission be adopted.
Councillor Sherry requested a recorded vote.
IN FAVOUR OPPOSED Councillor Brennan Councillor Sherry Councillor Cantelon Councillor Holdom Councillor Krall Councillor McNabb Councillor Manhas Councillor Tyndall
The motion carried. COUNCIL 2003-MAY-12 PAGE 12
(c) Invitation to Host the 2006 BC Seniors Games
Commission’s Recommendation: The Parks, Recreation and Culture Commission recommends to Council that:
1. the City submit a bid to host the BC Seniors Games in the year 2006 with the provision that the required support be received from all stakeholders; and further,
2. the City provide $30,000 cash and $30,000 in-kind services and facilities, if the bid is successful; and further,
3. the City’s bid is subject to the BC Seniors Games Society funding remaining at approximately $80,000.
Moved by Councillor Holdom, seconded by Councillor McNabb that the report be received and the recommendation of the Parks, Recreation and Culture Commission be adopted. The motion carried.
Information Only Items
(d) Minutes of the Parks, Recreation and Culture Commission Meeting held 2003-APR-23.
Moved by Councillor Holdom, seconded by Councillor McNabb that the Minutes be received. The motion carried.
8. CITY MANAGER'S REPORT:
CORPORATE SERVICES:
FINANCE:
(1) 2002 Annual Financial Report
The 2002 Annual Financial Report for the City of Nanaimo has now been completed. The City’s auditors, Church, Pickard & Co., have issued an unqualified opinion that the financial statements fairly represent the financial position of the City as at 2002-DEC-31. Ms. Lorana LaPorte, of Church, Pickard & Co. will be in attendance should Council members have any questions concerning their audit review.
As noted in the Annual Financial Report, Council has delegated to the management of the City the responsibility for the accuracy, integrity and objectivity of the financial information presented in the financial statements. The City’s auditors are required to express an opinion as to whether the financial statements present the City’s financial position and operating results in accordance with generally accepted accounting principles. COUNCIL 2003-MAY-12 PAGE 13
The 2002 Annual Financial Report continues to reflect a healthy financial position for the City of Nanaimo. Council’s ongoing commitment to ensure the financial stability of the City will provide a strong framework in which to meet community requirements in future years.
Highlights of the 2002 Annual Financial Report follow:
Certain unbudgeted reserve account contributions were made in 2002, due to positive financial results for the year. These amounts were reported to Council at the Regular Meeting held 2003-APR-14.
Snow & Ice Control Reserve $112,000 Sick Leave Accrual 370,000 RCMP Reserve 450,000 Uncollected Property Tax Reserve/Bad Debt 51,000 General Capital Reserve 3,250,000 Sewer Capital Reserve 550,000 Water Capital Reserve 1,300,000
Funds held in reserves totalled $82.6 Million at December 31, 2002 (2001 - $81.6 Million), allocated as follows:
Work in progress $ 5.0 Million Restricted funds (statutory reserves and restricted revenues) 27.6 Reserve accounts (surplus appropriations) 50.0 $82.6 Million
An existence of reserve accounts means that the City will be able to undertake desirable capital projects in future years without having to rely upon borrowing or significant increases in tax levies. The Five-Year Financial Plan includes many capital projects that will be funded from City reserves. A complete listing of reserve funds and reserve accounts is shown on pages 31 and 50 of the Annual Financial Report.
2001 2002
Combined debt for City & GNWD $23.3 million $20.8 million Per capita debt $319.24 $282.37 Debt as a % of total expenditure 6.65% 4.61% Debt reduction during current year $5.5 million $2.5 million
Page 52 of the Annual Financial Report provides a ten-year summary of the City’s debt history.
Council members are to be commended in controlling and limiting the City’s issuance of debt. Their efforts in establishing a more cost effective ‘pay as you go’ philosophy for capital projects has resulted in relatively low debt-servicing expenditures. It should be noted that the City and the GNWD will continue to experience reductions in outstanding debt over the next two years. The favourable debt-load picture for the City is a dramatic contrast to senior levels of government, COUNCIL 2003-MAY-12 PAGE 14
who struggle with high debt-servicing costs when addressing annual budget requirements and taxpayer affordability. (Unlike senior governments, municipal governments are not legally able to incur debt except for capital projects). Page 51 of the Annual Financial Report provides a schedule of the outstanding debt as at December 31, 2002.
· Capital assets totalled $477 Million at December 31, 2002 (December 31, 2001 - $455 Million). $22 Million were constructed in 2002 (2001 - $27 Million).
· Development Cost Charge (DCC) revenues collected in 2002 totalled $2.8 Million (City $2.3 Million; GNWD $.5 Million). This compares to 2001 DCC revenues of $2.2 Million (City $1.9 Million; GNWD $.3 Million). The City continues to construct growth-related projects, which are funded from DCC’s.
Recommendation: That Council approve the 2002 Annual Financial Report for the City of Nanaimo.
Moved by Councillor Krall, seconded by Councillor McNabb that the report be received and the recommendation be adopted. The motion carried.
DEVELOPMENT SERVICES:
PLANNING:
(2) Development Variance Permit No. DVP00059 - 1060 and 1064 St. David Crescent
A Development Variance Permit application has been received from O.M. Development to vary the floor area ratio from 0.40 to 0.46 on the subject lots. With the addition of the Monster Home Bylaw in 2001, Council endorsed the following criteria for evaluating variance requests:
· Scale of surrounding homes · Impact on existing views.
The subject sites are currently occupied by one single family dwelling which is in poor condition and straddling both lots. The applicant is proposing to demolish the existing home and construct two new homes (one on each lot). As with a number of lots on this block, the properties are small, with a lot area of approximately 345 square metres (3,714 square feet). Based on the maximum gross floor area of the RS-1a Zone (0.4 FAR), each lot is limited to a maximum gross floor area of 138 square metres (1,485 square feet).
The applicants are requesting the variance in order to increase the gross floor area to 0.46 in order to construct homes with a gross floor area of 159 square metres (1,708 square feet). The variance equates to a variance of 0.06 FAR or 20.7 square metres (223 square feet) for each home.
City staff supports the proposed design and the associated variance request. The proposed homes are in keeping with the scale of homes on this block and in the surrounding area and have no negative impact on existing views. COUNCIL 2003-MAY-12 PAGE 15
Recommendation: That Council either:
1. indicate that it is prepared to consider the issuance of a Development Variance Permit to vary a condition of use – floor area ratio from 0.40 to 0.46 for the subject properties and authorize Staff to commence the Development Variance Permit notification procedure; or,
2. indicate that it is not prepared to consider the issuance of a Development Variance Permit.
Moved by Counc illor Holdom, seconded by Councillor Sherry that the report be received, and that Staff be authorized to commence the Development Variance Permit notification procedure for this application to vary condition of use - floor area ratio from 0.40 to 0.46 for the subject properties. The motion carried.
(3) Development Variance Permit DVP00058 - 3200 Island Highway
The City has received a Development Variance Permit request from Urban Design Group Architecture Inc., on behalf of Country Club Centre Ltd., to vary the height from 10.5 metres (34.45 feet) to 22.86 metres (75 feet), in order to permit three architectural entrance features.
The Country Club Mall is currently in the process of completing a major renovation, which when completed, will see reconfiguration of a major portion of the centre, including that area which was previously occupied by Wal-Mart. The reconfiguration will result in the removal of one of the existing entranceways to the internal mall, resulting in two main access points to the internal mall space. In order to help identify these access points, the applicant is proposing to construct a 22.86 metre (75 feet) architectural feature over each. The third feature is to be located over the entrance to the proposed Future Shop and will have a height of 13.7 metres (45 feet).
The two proposed entrance features, which will be comprised of sail-like forms, which have an overall height of 22.86 metres (75 feet). The main portion of the structure will be 15.8 metres (52 feet), with the remaining 7 metres (23 feet) being an antenna-type spire. The proposed Future Shop entrance feature is part of the Future Shop corporate logo and found on the majority of their recently constructed stores.
The applicants have indicated that the design of the entrance feature is influenced by the proposed contemporary design of the centre. The mall entrances are set back from the front face of the mall and require a substantial entry feature in order to clearly designate them from the parking lot and the Island Highway. The increased height of the entrance feature assists in breaking down the extreme length of the building elevation facing the Island Highway. COUNCIL 2003-MAY-12 PAGE 16
As the existing renovations did not trigger a development permit, the overall design concept of the mall has not been evaluated by the Design Advisory Panel or Staff. However, Staff acknowledge the desire to highlight the main entranceways to the mall and the benefit of the over-height features in breaking down the long, low building elevation. A previous variance was granted at Woodgrove Mall for similar architectural entrance features. The entrance features at Woodgrove Mall have a maximum height of 19.8 metres (65 feet).
Recommendations: That Council either:
1. indicate that it is prepared to consider the issuance of a Development Variance Permit to vary the height from 10.5 metres (34.45 feet) to 22.86 metres (75 feet) in order to permit three architectural entrance features on the subject property, and authorize Staff to commence the Development Variance Permit notification procedure; or
2. indicate that it is not prepared to consider the issuance of a Development Variance Permit.
Moved by Councillor Krall, seconded by Councillor McNabb that the report be received, and that Staff be authorized to commence the Development Variance Permit notification procedure for this application to vary the height from 10.5 metres (34.45 feet) to 19.8 metres (65 feet) in order to permit three architectural entrance features on the subject property.
Moved by Councillor Holdom, seconded by Councillor Sherry that this issue be referred to the Design Advisory Panel for consideration. The motion was defeated.
The vote was taken on the main motion.
The main motion was defeated on a tie vote.
Moved by Councillor Brennan, seconded by Councillor McNabb that the report be received, and that Staff be authorized to commence the Development Variance Permit notification procedure for this application to vary the height from 10.5 metres (34.45 feet) to 22.86 metres (75 feet) in order to permit three architectural entrance features on the subject property. The motion carried.
(4) Development Variance Permit DVP00056 - 4826 Dewdrop Place
A Development Variance Permit application has been received from Williamson and Associates, on behalf of Denis and Lida Gauthier, to vary the height calculation method for a principal building at 4826 Dewdrop Place.
At the Regular Meeting of Council held 2003-APR-28, Council received input from a representative of a neighbouring property owner and as a result, directed that the application be returned to Staff for further review.
Since the meeting, Staff have been in contact with the owner of the neighbouring property. Unfortunately, the owner resides out of the Province and will not be able to meet with Staff until Monday morning prior to the Council meeting. COUNCIL 2003-MAY-12 PAGE 17
Given the situation, Staff will bring forward a supplemental report at the Council meeting.
Recommendation: That Council receive the report.
Moved by Councillor McNabb, seconded by Councillor Holdom that the recommendation be adopted. The motion carried.
(5) Development Variance Permit DVP00056 - 4826 Dewdrop Place (Supplemental)
A Development Variance Permit application has been received from Williamson and Associates, on behalf of Denis and Lida Gauthier to vary the height calculation method for a principal building at 4826 Dewdrop Place. The variance, if approved, will permit a home to be constructed at 5 metres (16.4 feet) above the fronting curb. The Zoning Bylaw measures building height from natural grade or finished grade, whichever is lower. Given that the subject site had a localized ravine running through it, it is extremely difficult to accurately determine building height, based on average natural grade. For reference purposes, the applicant’s engineer estimates that a height variance of 2.37 metres (7.78 feet) would be required based on an approximate average natural grade.
The site has been filled and reworked through the development of the subdivision. The applicant has reviewed this site and tried to provide a reasonable benchmark for calculating building height. In the interest of defining a recognizable benchmark, the applicant has provided a survey plan, which identifies the mid-point elevation of the curb, fronting the property. The applicant is proposing that the Zoning Bylaw be varied in order to permit height to be calculated from this fixed point. Based on submitted plans, the applicant is requesting height to be limited to 5 metres (16.4 feet) above the curb at the mid-point of the property.
The requested development variance permit application was originally received by Council at its meeting held 2003-APR-14, where Council directed Staff to proceed with notification and to return the item for consideration at the next Regular Meeting to be held 2003-APR-28. At the Meeting held 2003-APR-28, Council received input from a representative of a neighbouring property owner, and as a result directed that the application be returned to Staff for further review. The owner (Ms. Marion Cameron), who resides out of Province, has arrived in town and was able to meet with Staff this morning, on site. Ms. Cameron is not in support of the proposed variance. Her concern, as outlined to Staff, is primarily with the impact of the proposed home on the view from her property to the shoreline and the trees along the waterfront of the subject site.
Further to Council’s direction of 2003-APR-28, the applicant’s surveyor has completed cross sections through the subject site and the neighbouring property, in order to better identify the impact on views. COUNCIL 2003-MAY-12 PAGE 18
As Council is aware, a report was recently received by Council from the Ad Hoc Neighbourly House (Monster House) Committee regarding a review of the existing monster home regulations. The report recommended that the Zoning Bylaw be amended in order to permit the calculation of height based on a maximum of 5 metres above curb. Council directed that a bylaw be prepared in order to adopt the recommendations of the Committee. The bylaw, if adopted, will permit the applicant to construct the home to the height which is currently being proposed through this variance.
Staff acknowledge that the proposed home will impact on the view of the foreshore from the neighbouring property; however, as the proposed roof height is below the natural grade of the neighbouring lot, the majority of the view will be preserved. Staff believe that given the on-site grade and surrounding topography, the proposed variance is reasonable, and recommend Council support this application.
Recommendation: That Council hear anyone wishing to speak with respect to this Development Variance Permit application and either:
1. issue the Development Variance Permit for this application; or,
2. reject the application.
Acting Mayor Cantelon inquired if there was anyone in attendance who wished to speak to this variance.
Ms. Marion Cameron requested permission to address Council respecting the property at 4826 Dewdrop Place.
Ms. Cameron stated that:
- she resides in Quebec and is the owner of property at 4820 Fillinger Crescent, which is due south of the property in question. - she flew in from Montreal specially to address Council on this issue as it is of utmost importance to her and her husband; they are planning to build their dream house on this lot, so her husband can retire in peace and she can escape from the corporate world back east. - their house will be both a creative haven and home for the rest of their lives. - she thanked the City for accommodating her this week as she had felt very pressured by both time and distance. - they purchased their lot with expectations that restrictions and bylaws would be honoured. - they will design their house to comply with the building scheme on height restriction and to suit the environment. - one of the key attributes of their land is its proximity to the water, and the resulting view, both near and far; in fact they paid considerably more than the lots set further back across the road for exactly that reason. - the variance requested has a direct negative impact on them. - she referenced several schedules she had distributed detailing the problems they are facing. - because their land is very rocky, they will have to level it to reduce the height. COUNCIL 2003-MAY-12 PAGE 19
- she feels that Mr. Gauthier has planned his house without consideration of the landscape and the restrictions. - in addition, he has already filled the lot and is ready to build on the assumption that he will be granted this variance, and she does not believe this is right. - Mr. Gauthier has said that he would not be willing to compromise with a variance equal to half of that which he has requested and, stated that if Council does not grant him the variance, he will wait for the Monster Home Bylaw as he would then be able to build even higher. - as a designer she knows that the normal design process is to compromise, you can never have the perfect scene. - she is only asking him to compromise a bit by lowering his floor a foot or two and changing the pitch on his roof; she feels that he would be able to make these adjustments without undue hardship. - she would prefer to come to a harmonious solution, and is willing to accept the variance of half the one requested. - she asked Council to consider how seriously she feels about this; she just travelled 3,000 miles to be here this evening.
Mr. Brian Henning requested permission to address Council respecting the property at 4826 Dewdrop Place.
Mr. Henning stated that:
- he is a land surveyor with the firm of Williamson and Associates, and was speaking on behalf of their clients, the Gauthiers. - this DVP application was referred back to Staff because of the neighbour’s concerns. - this is a waterfront property, which drops approximately 120 feet from the road down to the ocean. - the main floor of the house has been set at the low side of the lot frontage and the driveway will come in at that point. - this will require a four-foot retaining wall around the house adjacent to the rock slope to the south. - the proposed roof peak will be 4 or 5 feet below the existing building site on the neighbouring property; he is not aware of their building plans at this point. - in their original application the rood peak was initially 5.5 metres (18 feet) above the curb, and through design changes, it was changed to 5 metres (16.4 feet). - in their opinion, this provides a reasonable curb appeal to this house and imposes limited impacts on the surrounding properties. - it is consistent with the recommendations of the Committee regarding the amendments to the Monster Home Bylaw.
Moved by Councillor McNabb, seconded by Councillor Holdom that the presentations be received. The motion carried.
Moved by Councillor Manhas, seconded by Councillor McNabb that the report be received and that Staff be authorized to issue a Development Variance Permit for this application. The motion carried. COUNCIL 2003-MAY-12 PAGE 20
(6) Great Canadian Casino - 620 Terminal Avenue - Request for Additional Slot Machines
In May of 1998, Council approved a Development Permit authorizing the redevelopment of a portion of the old “Harbour Park Mall” for the Great Canadian Casino. This was a form and character permit which does not regulate the extent of gaming activity. At the time slot machines were initially introduced in BC, the Courts determined that municipalities could regulate the use through zoning bylaws. Council considered introducing changes to the zoning bylaw dealing with casinos, but ultimately chose not to regulate gaming activity. As a result, the British Columbia Lottery Corporation (BCLC) allowed three hundred slot machines (the maximum permitted at that time) to be placed at the Nanaimo location.
Changes to Provincial Regulations in 2003 provided the BCLC the authority to place slot machines in casinos to “best meet marketplace demand”.
The City has received correspondence from BCLC, advising that use patterns in Nanaimo indicate that additional machines are justified on the basis of peak demand. Accordingly, BCLC further advises that 125 additional slot machines, for a total of 425 machines “would best meet Nanaimo’s marketplace demand”. It should be noted that the total number of slot machines may be adjusted either up or down, once BCLC evaluates the results of the increased number. BCLC also states in its submission that, based on the results of the increased slot machines, a decision to proceed with the major expansion to Nanaimo’s casino operation will be evaluated.
As per Section 13.1 of the Gaming Control Regulations , municipal approval is required for the additional one hundred twenty-five machines. The City currently has no zoning regulations or other gaming controls, which would limit the number of slot machines. Therefore, Council’s formal direction is required, by resolution, whether or not it is in support of the additional one hundred twenty-five machines.
Recommendation: Council’s direction is sought.
Moved by Councillor McNabb, seconded by Councillor Manhas that the report be received and that Staff be directed to issue a Letter of No Objection indicating that Council supports the addition of 125 slot machines for the Great Canadian Casino at 620 Terminal Avenue. The motion carried.
(7) Report of the Public Hearing held 2003-MAY-01 to Hear Covenant Amendment ES109946
A Public Hearing was held on 2003-MAY-01, the subject of which was a Covenant Amendment to permit the location of a school at 6553 Portsmouth Road. Minutes of the Public Hearing were attached and information regarding the next procedures for an amendment to Covenant ES109946 is contained within the report.
Three members of the public attended the Public Hearing to speak to this issue. There were no written submissions received. COUNCIL 2003-MAY-12 PAGE 21
Recommendations: That Council:
1. receive the Report and adopt the Minutes of the Public Hearing held on Thursday, 2003-MAY-01; and,
2. provide direction with regard to the proposed covenant amendment.
Moved by Councillor Krall, seconded by Councillor Manhas that the Report be received and the Minutes of the Public Hearing held on Thursday, 2003-MAY-01 be adopted. The motion carried.
Moved by Councillor Krall, seconded by Councillor Brennan that Council grant approval for the proposed Covenant Amendment ES109946. The motion carried.
PERMITS, BYLAW AND PROPERTY SERVICES:
(8) Unresolved Building Deficiencies/Illegal Suites/Grow Operations (Bylaw authorization for demolition/repair)
The following property(ies) have been found to have unresolved building deficiencies/illegal suites/grow operations:
(a) 33 Haliburton Property Owner(s): 383890 BC Ltd. 925 Tupper Avenue Coquitlam, B.C. V3K 1A4 Building Deficiency: Illegal suite in a single family dwelling
Recommendation: That Council, by Bylaw, pursuant to Section 698 of the Local Government Act, order the owner(s) to remove the basement suite in the single family dwelling by 2003-AUG-10 and that any cost incurred by the Municipality be recovered pursuant to the Local Government Act.
Acting Mayor Cantelon inquired if there was anyone in attendance who wished to speak to the report pertaining to 33 Haliburton Street.
No one in attendance wished to make representation with respect to this matter.
Moved by Councillor Sherry, seconded by Councillor Brennan that the report be received and the recommendation be adopted. The motion carried. COUNCIL 2003-MAY-12 PAGE 22
(b) 3084 Barons Road Property Owner(s): Motion Carpets and Interior Systems Ltd. 11 - 4128 Mostar Road Nanaimo, B.C. V9T 5V9 Building Deficiency: Illegal grow operation
Recommendation: That Council, by Bylaw, pursuant to Section 698 of the Local Government Act, order the owner(s) to bring the building up to standard or demolish it within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Local Government Act.
Acting Mayor Cantelon inquired if there was anyone in attendance who wished to speak to the report pertaining to 3084 Barons Road.
No one in attendance wished to make representation with respect to this matter.
Moved by Councillor Sherry, seconded by Councillor Krall that the report be received and the recommendation be adopted. The motion carried.
(9) Unresolved Building Deficiencies/Illegal Suites/Grow Operations (Authorization to place 700 Notice on title)
The following property(ies) have unresolved building deficiencies in contravention of "BUILDING BYLAW 1988 NO. 3220" and "ZONING BYLAW 1993 NO. 4000":
(a) 3084 Barons Road Property Owner(s): Motion Carpets and Interior Systems Ltd. 11 - 4128 Mostar Road Nanaimo, B.C. V9T 5V9 Building Deficiency: Illegal grow op in a warehouse
(b) 320 Hecate Street Property Owner(s): Robert C. Read Yvonne M. Read 670 Brechin Road Nanaimo, B.C. V9S 2X2 Building Deficiency: Single family dwelling with an illegal suite
(c) 33 Haliburton Street Property Owner(s): 383890 B.C. Ltd. 925 Tupper Avenue Coquitlam, B.C. V3K 1A4 Building Deficiency: Single family dwelling with an illegal suite
Recommendation: That Council, by resolution, instruct the Senior Manager of Corporate Administration to file a Notice respecting the above property(ies) in the Land Title Office under Section 700 of the Local Government Act. COUNCIL 2003-MAY-12 PAGE 23
Acting Mayor Cantelon inquired if there was anyone in attendance who wished to speak to the reports pertaining to Unresolved Building Deficiencies/Illegal Suites/Grow Operations.
No one in attendance wished to make representation with respect to these matters.
Moved by Councillor Sherry, seconded by Councillor Holdom that the reports be received and the recommendation be adopted. The motion carried.
(10) Unsightly Premises
The following property(ies) have been identified as having unsightly premises:
(a) 275 Fifth Street Property Owner(s): Joey E. Robson 614 Stirling Avenue Nanaimo, B.C. V9R 5C6
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.
Acting Mayor Cantelon inquired if there was anyone in attendance who wished to speak to the report pertaining to 275 Fifth Street.
No one in attendance wished to make representation with respect to this matter.
Moved by Councillor Krall, seconded by Councillor Sherry that the report be received and the recommendation be adopted. The motion carried.
(11) Nuisance Property(ies)
The following nuisance property(ies) have been identified:
(a) 275 Fifth Street Property Owner(s): Joey E. Robson 614 Stirling Avenue Nanaimo, B.C. V9R 5C6
Recommendation: That Council, by resolution, pursuant to Section 727 of the Local Government Act, direct the owner(s) to secure the house within thirty (30) days, and that any cost incurred by the Municipality be recovered pursuant to the Local Government Act. COUNCIL 2003-MAY-12 PAGE 24
Acting Mayor Cantelon inquired if there was anyone in attendance who wished to speak to the report pertaining to 275 Fifth Street.
No one in attendance wished to make representation with respect to this matter.
Moved by Councillor Sherry, seconded by Councillor Krall that the report be received and the recommendation be adopted. The motion carried.
(12) Partial Property Acquisition at 3277 Hammond Bay Road for Road Dedication Purposes
The subject property, located at 3277 Hammond Bay Road, is split-zoned RS-1 (single family residential zone) and RM-1 (residential duplex zone). The owner has received final approval from the City to subdivide the 0.89ha (2.2 acre) property. In accordance with the Local Government Act, the Subdivision Approving Officer has required that the owner provide road dedication from the land to be subdivided.
The City may obtain up to 20 metres width of road dedication without paying compensation to the subdividing property owner. However, at this location Staff have identified the requirement to acquire an additional 2.2 metres of land in excess of the 20 metre road width. Accordingly, the City is looking to purchase the additional property required.
Staff have prepared an offer of compensation in the amount of $1,200. for the 110m2 (1,184 ft2) of additional property required and the owner is agreeable to this amount.
Accordingly, Staff recommend that Council authorize the property acquisition for $1,200.
Recommendations: That Council authorize:
1. compensation in the amount of $1,200. for the 110m2 (1,184 ft2) of property in excess of the 20 metres road width to be acquired by subdivision as outlined in the report; and
2. the Mayor and Senior Manager of Corporate Administration to execute the documents necessary to facilitate the transfer and dedication of land from the subject property.
Moved by Councillor McNabb, seconded by Councillor Manhas that the report be received and the recommendations be adopted. The motion carried.
(13) Proposed License to Facilitate the Use of 1174 Island Highway South for Park Trail Use
In July 2000, the City acquired a 3.2ha (8 acre) parcel from Rail America, located at the Chase River estuary (1160 Island Highway South). The purpose of this acquisition was to create additional parkland in the south portion of the City, and to protect property of environmental significance from conventional development. In order to facilitate public access to the park, the City has recently commenced construction of a network of trails and boardwalks within the park’s boundaries. COUNCIL 2003-MAY-12 PAGE 25
In planning the trail network, staff noted that by constructing a trail connection through the adjoining Regional District of Nanaimo owned property at 1174 Island Highway, the City could avoid having to construct a bridge across the Chase River by incorporating the existing sidewalk and road bridge on the Island Highway into the pedestrian network for the park.
The RDN is prepared to permit public use of the property for park purposes and allow the City to manage the lands for park purposes on an ongoing basis provided that the City assumes responsibility for the construction of any improvements, as well as the management, maintenance and liability associated with its use by the public. Accordingly, a licence agreement between the RDN and the City has been prepared to permit the City access to the property for park purposes. The proposed rent for the term is $10. (A similar agreement is in place at Neck Point to allow City Parks Department to construct and maintain trails on RDN property between the sewerage treatment plant and Neck Point Park.)
Recommendations: That Council:
1. authorize the proposed License Agreement to facilitate the use of 1174 Island Highway South for park trail use as outlined in the report,
2. direct Staff to prepare and publish the statutory notice required under the Local Government Act advising of Council’s intention to enter into an agreement with the Regional District of Nanaimo (RDN) for the extension of the Chase River Estuary Park Trail Network; and,
3. authorize the Mayor and Senior Manager of Corporate Administration to execute documents necessary to facilitate the license agreement with the RDN.
Moved by Councillor Brennan, seconded by Councillor Holdom that the report be received and the recommendations be adopted. The motion carried.
CORPORATE SERVICES:
CORPORATE ADMINISTRATION:
(14) Request for Free Sunday Parking in the Bastion Street Parkade
The City has received correspondence (attached) from Mr. Bob Moss and Mr. Doug Creba, Chairs of the Downtown Nanaimo Partnership's Business Development and Promotions Committees, requesting free Sunday parking at the Bastion Street Parkade from 2003-MAY-18 through 2003-AUG-31. This request would support the Partnership's "Explore Downtown on Sundays" pilot program designed to attract people downtown on Sundays to shop in the local stores in the Arts District, Waterfront and Old City Quarter. COUNCIL 2003-MAY-12 PAGE 26
A formal Council Policy was established on 2003-JAN-27, which indicates that Council will consider requests for free special event parking at the Bastion Street Parkade which have been endorsed by Tourism Nanaimo, the Downtown Nanaimo Partnership and the City of Nanaimo. Correspondence (attached) from Tourism Nanaimo and the Downtown Nanaimo Partnership indicates that they are willing to endorse this request. If Council should endorse this request, it would mean that any member of the general public, could park for free at the Bastion Street Parkade on Sundays from 2003-MAY-18 through 2003-AUG-31 (16 Sundays). Revenue from the Bastion Street Parkade on Sundays has averaged between $50 to $100 per day. If Council should endorse this request, the City would forego approximately $1,500 of parking revenue. It should also be noted that downtown on-street parking is free on Sundays.
Recommendation: That Council indicate whether or not it wishes to endorse the Downtown Nanaimo Partnership's request to provide free Sunday parking at the Bastion Street Parkade, from 2003-MAY-18 through 2003-AUG-31 (16 Sundays), as part of the Partnership's "Explore Downtown on Sundays" pilot program designed to attract people downtown on Sundays to shop in the local stores in the Arts District, Waterfront and Old City Quarter.
Moved by Councillor McNabb, seconded by Councillor Krall that the report be received and that Council endorse the Downtown Nanaimo Partnership's request to provide free Sunday parking at the Bastion Street Parkade, from 2003-MAY-18 through 2003-AUG-31 (16 Sundays), as part of the Partnership's "Explore Downtown on Sundays" pilot program designed to attract people downtown on Sundays to shop in the local stores in the Arts District, Waterfront and Old City Quarter. The motion carried.
FINANCE (Continued)
(15) Statutory Reserve Fund Appropriations
The 2002 Annual Budget, as approved by Council on May 6, 2002, included the following appropriations:
Equipment Depreciation Reserve Fund – capital expenditures $1,096,068 PR&C – Facilities Capital Improvement Reserve Fund – capital 70,000 expenditures Property Sales Reserve Fund - capital expenditures 1,973,747
As per Section 496 of the Local Government Act, a bylaw must be prepared to authorize the expenditure of funds previously set aside in the above-noted reserve funds.
Also included in the 2002 Annual Budget were appropriations from the Development Cost Charge Reserve Fund for capital projects totalling $4,504,235. As per Section 935 of the Local Government Act, a bylaw is required to authorize the appropriation of funds from this reserve. COUNCIL 2003-MAY-12 PAGE 27
The 2002 year-end has now been finalized and project expenditures are noted below:
Equipment Depreciation Fund $655,719 PR&C – Facilities Capital Improvement Reserve Fund 17,581 Property Sales Reserve Fund 1,910,319 Development Cost Charge Reserve Fund 1,941,663
Details of the expenditures and remaining fund balances are included in the report.
Recommendation: That Council consider giving first three readings to “STATUTORY RESERVE FUNDS APPROPRIATION BYLAW 2003 NO. 5634”. This bylaw is necessary to appropriate statutory reserve funds spent in 2002.
Moved by Councillor Krall, seconded by Councillor Holdom that the report be received and the recommendation be adopted. The motion carried.
PURCHASING:
(16) Purchase of Flush Truck
On 2003-APR-14, tenders were received for the supply of a 60,000 lb. GVW tandem axle mounted combination catch basin/sewer and high-pressure cleaner truck (flush truck). The bidders were asked to consider the trade-in of the City’s old flush truck as part of the bid. The lowest bid is from Kendrick Equipment (2003) Ltd. for $302,766.62. The unit being traded in is ten years old and Staff believe that it will soon require extensive rebuilding and repair.
Recommendation: That Council award the purchase of a replacement catch basin/sewer and high-pressure cleaner truck to Kendrick Equipment (2003) Ltd. for the low bid of $302,766.62.
Moved by Councillor Brennan, seconded by Councillor McNabb that the report be received and the recommendation be adopted. The motion carried.
COMMUNITY SERVICES:
ENGINEERING AND PUBLIC WORKS:
(17) Tender for Dickinson Road - Portsmouth Road Intersection Improvements; Portsmouth Road Water Main Replacement, and Uplands Drive - Hammond Bay Road Sidewalk Installation
Tenders were called for Dickinson Road - Portsmouth Road Intersection Improvements; Portsmouth Road Water Main Replacement; and Uplands Drive - Hammond Bay Road Sidewalk Installation. COUNCIL 2003-MAY-12 PAGE 28
The following five tenders were received by the Senior Manager of Corporate Administration on Tuesday, 2003-MAY-06 and opened in the Board Room.
1. Milner (J) Trucking Ltd. $378,637.69 2. Hazelwood Construction Services $389,836.40 3. Hub Excavating Ltd. $391,620.00 4. Chikangas Enter. Services $393,160.06 5. Chet Construction $432,815.00
Recommendation: That Council award the City contract to Milner (J) Trucking Ltd. for the low bid of $378,637.69.
Moved by Councillor Sherry, seconded by Councillor Holdom that the report be received and the recommendation be adopted. The motion carried.
CORPORATE SERVICES: (Supplemental)
CORPORATE ADMINISTRATION:
(18) Ratification of Appointment to the Liquor Control Advisory Committee
At the “In Camera” Meeting of Council held earlier this evening, Council appointed Ms. Darcy Ross, RN, BSN, Nanaimo Alcohol and Drug Action Committee (NADAC) to the City’s Liquor Control Advisory Committee and liaise with the Social Planning Advisory Committee.
Recommendation: That Council ratify the appointment of Ms. Darcy Ross to the Liquor Control Advisory Committee and that Ms. Ross liaise with the Social Planning Advisory Committee.
Moved by Councillor Holdom, seconded by Councillor Krall that the report be received and the recommendation be adopted. The motion carried.
9. INFORMATION ONLY ITEMS:
(a) Report from Ms. L. Coates, Manager, Accounting Services, Finance Department, re: Council Remuneration and Expenses.
(b) Report from Mr. R. Reimer, Revenue Manager / Collector, Finance Department, re: Tax Pre-authorized Payment Program Enhancements.
(c) Report from Mr. P. N. Murphy, Manager, Property Services, re: Background Information regarding the Status of Newcastle Island. (Supplemental)
Moved by Councillor Sherry, seconded by Councillor McNabb that the Information Only Items be received. The motion carried. COUNCIL 2003-MAY-12 PAGE 29
10. RECONSIDERATION OF BYLAWS:
(a) “STREET ENTERTAINERS REGULATION BYLAW 2003 NO. 5602” (To set regulations for street entertainers.)
Moved by Councillor Krall, seconded by Councillor Sherry that “STREET ENTERTAINERS REGULATION BYLAW 2003 NO. 5602” be finally adopted. The motion carried.
(b) “STRUCTURE REMOVAL BYLAW 2003 NO. 5628” (To authorize the removal or upgrade of a temporary fabric covered structure at 703 Nicol Street.)
Moved by Councillor Krall, seconded by Councillor Holdom that “STRUCTURE REMOVAL BYLAW 2003 NO. 5628” be abandoned. The motion carried.
(c) “STRUCTURE REMOVAL BYLAW 2003 NO. 5629” (To authorize the removal or upgrade of a single family dwelling converted into an illegal grow operation at 670 Stirling Avenue.)
Moved by Councillor Krall, seconded by Councillor Sherry that “STRUCTURE REMOVAL BYLAW 2003 NO. 5629” be finally adopted. The motion carried.
(d) “STRUCTURE REMOVAL BYLAW 2003 NO. 5630” (To authorize the removal or upgrade of an illegal suite at 73 Princess Street.)
Moved by Councillor Krall, seconded by Councillor McNabb that “STRUCTURE REMOVAL BYLAW 2003 NO. 5630” be finally adopted. The motion carried.
(e) “STRUCTURE REMOVAL BYLAW 2003 NO. 5631” (To authorize the removal or upgrade of one illegal suite in the apartment building and four illegal suites in the single family dwelling at 50 Harewood Road.)
Moved by Councillor Krall, seconded by Councillor Manhas that “STRUCTURE REMOVAL BYLAW 2003 NO. 5631” be finally adopted. The motion carried.
(f) “FINANCIAL PLAN BYLAW 2003 NO. 5632” (To adopt the 2003 - 2007 Financial Plan for the City of Nanaimo.)
Moved by Councillor Krall, seconded by Councillor McNabb that “FINANCIAL PLAN BYLAW 2003 NO. 5632” be finally adopted. The motion carried.
(g) “TAX RA TES BYLAW 2003 NO. 5633” (To fix the rates upon real property in the City of Nanaimo and to provide for the payment of taxes for the year 2003.)
Moved by Councillor Krall, seconded by Councillor Holdom that “TAX RATES BYLAW 2003 NO. 5633” be finally adopted. The motion carried. COUNCIL 2003-MAY-12 PAGE 30
11. INTRODUCTION OF BYLAWS:
(a) “STATUTORY RESERVE FUNDS APPROPRIATION BYLAW 2003 NO. 5634” (To appropriate funds towards the cost of various capital projects.)
Moved by Councillor Krall, seconded by Councillor Holdom that “STATUTORY RESERVE FUNDS APPROPRIATION BYLAW 2003 NO. 5634” pass first, second and third readings. The motion carried.
(b) “STRUCTURE REMOVAL BYLAW 2003 NO. 5635” (To authorize the removal or upgrade of a warehouse converted to an illegal grow operation at 3084 Barons Road.)
Moved by Councillor Krall, seconded by Councillor McNabb that “STRUCTURE REMOVAL BYLAW 2003 NO. 5635” pass first, second and third readings. The motion carried.
(c) “STRUCTURE REMOVAL BYLAW 2003 NO. 5636” (To authorize the removal or upgrade of an illegal suite at 33 Haliburton Street.)
Moved by Councillor Krall, seconded by Councillor Holdom that “STRUCTURE REMOVAL BYLAW 2003 NO. 5636” pass first, second and third readings. The motion carried.
12. CORRESPONDENCE:
(a) Letter dated 2003-APR-15 from Ms. Moira McGregor, Chief Administrative Officer, Village of Belcarra, advising that at the 2003-MAR-31 Regular Meeting of the Belcarra Council, they endorsed a resolution regarding opposing any privatization of BC Hydro and that a public consultation process be undertaken.
(b) Letter dated 2003-APR-21 from Ms. Jan de Vries, WWII Veteran, President, 1st Canadian Parachute Battalion Association, Director, Juno Beach Centre Association, 1947 Spruce Hill Road, Pickering, Ontario, requesting that Council make a donation towards the Juno Beach Centre (memorial/education centre).
(c) Facsimile dated 2003-MAY-11 from Ms. Marlene Jeffreys, 4827 Fillinger Crescent, Nanaimo, expressing her concerns with a proposed height variance for property at 4826 Dewdrop Place. (Supplemental)
Moved by Councillor Sherry, seconded by Councillor Holdom that the Correspondence be received. The motion carried. COUNCIL 2003-MAY-12 PAGE 31
13. CONSIDERATION OF LATE ITEMS / OTHER BUSINESS:
(a) Licensing for Street Vendors
Moved by Councillor Brennan, seconded by Councillor Holdom that Staff be directed to prepare a report on the issue of licensing for “non food” street vendors.
Councillor Brennan withdrew the motion.
(b) Seminar Update - Councillor Sherry
Councillor Sherry gave a verbal update regarding the Toyota Greenhouse Seminar he had attended in Regina on 2003-APR-26 - 2003-APR-29, on behalf of the Regional District of Nanaimo.
Moved by Councillor Sherry, seconded by Councillor McNabb that the verbal report be received. The motion carried.
14. ADJOURNMENT:
Moved by Councillor McNabb, seconded by Councillor Sherry at 9:30 p.m. that the meeting terminate, with the next Meeting of Council to be held Monday, 2003-MAY-26 commencing at 7:00 p.m. in the Council Chamber, City Hall. The motion carried.
______ACTING MAYOR
CERTIFIED CORRECT:
______SENIOR MANAGER, CORPORATE ADMINISTRATION