AMENDED 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-NOV-19, COMMENCING AT 7100 P.M. 1. CALL THE REGULAR MEETING OF COUNCIL TO ORDER: 2. INTRODUCTION OF LATE ITEMS: 2630 Lynburn Crescent and 14 Watkins Street - Unsightly Premises - Property Maintenance Bylaw No. 3704 under Staff Reports were rectified prior to the meeting. 5287 Toms Turnabout - Illegal Suite - Unresolved Building Deficiencies - Remedial Action Requirements (Section 72/73) under Staff Reports was pulled from the Agenda. Mr. Brett Hayward, Chair, Nanaimo Working Group on Homelessness, to provide information regarding the homeless census conducted in Nanaimo 2007-SEP-26. [See ltem (a) under Presentations.] Mr. G. D. Berry, City Manager, to provide a Powerpoint presentation regarding the future of local government. [See ltem I1 under Staff Reports.] Delegation request from Mr. Fred Pattje, 2830 Fandell Street, Nanaimo, BC, V9S 3R6, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.] Delegation request from Mr. Daryl Grunlund, 5150 Hammond Bay Road, Nanaimo, BC, V9T 5B5, regarding Rezoning Application No. RA195 - 5160 Hammond Bay Road. [See ltem (g) under Staff Reports.] Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, V9R 528, regarding Proposed Park Zoning. [See ltem (a) under Parks, Recreation and Culture Commission.] Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, V9R 528, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.] Notice of Motion from Councillor Brennan regarding manufactured homes. COUNCIL 2007-NOV-19 PAGE 2 3. ADOPTION OF THE AGENDA: 4. ADOPTION OF MINUTES: (a) Minutes of the Regular Meeting of the Twenty-Third Council of the City of Pg. 10-18 Nanaimo held in the Regional District of Nanaimo Board Chambers, 6300 Hammond Bay Road, Nanaimo, BC, on Monday, 2007-OCT-29 at 7:00 p.m. 5. PRESENTATIONS: (a) Mr. Brett Hayward, Chair, Nanaimo Working Group on Homelessness, to provide information regarding the homeless census conducted in Nanaimo 2007-SEP-26. 6. DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES) (a) Delegation request from Mr. Fred Pattje, 2830 Fandell Street, Nanaimo, Pg. 18. I BC, V9S 3R6, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.] [Supplemental] (b) Delegation request from Mr. Daryl Grunlund, 5150 Hammond Bay Road, Pg. 18.2 Nanaimo, BC, V9T 5B5, regarding Rezoning Application No. RA195 - 5160 Hammond Bay Road. [See ltem (g) under Staff Reports.] [Supplemental] (c) Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, Pg. 18.3 V9R 528, regarding Proposed Park Zoning. [See ltem (a) under Parks, Recreation and Culture Commission.] [Supplemental] (d) Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, Pg. 18.4 V9R 528, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.] [Supplemental] 7. MAYOR'S REPORT: 8. PROCLAMATIONS: (a) Ms. Karen Madeiros, Executive Director, Adoptive Families Association of Pg. 19-23 BC, #200 - 7342 Winston Street, Burnaby, BC, V5A 2H1, requesting that the month of November 2007 be proclaimed "ADOPTION AWARENESS MONTH" in the City of Nanaimo. COUNCIL 2007-NOV-19 PAGE 3 9. REPORTS OF ADVISORY BODIES: (a) Advisory Committee on the Environment - Addition of Cosmetic Pg. 24 Pesticide Review to ACE Workplan Committee's Recommendation: That Council endorse the Advisory Committee on the Environment conducting an update and review of cosmetic pesticide regulation and education programs in Canada, and provide recommendations to Council on whether Nanaimo should change its current position on cosmetic pesticide use. (b) Nanaimo Community Heritage Commission - Community Heritage Pg. 25-26 Register Update Committee's Recommendation: That Council adopt amended Schedule 'H"as the City's official Community Heritage Register. [Note: Due to the volume of the material contained in Schedule "A (Community Heritage Register), a copy of this material has been placed in the Councillor's Office and the Legislative Services Department for viewing.] (c) Nanaimo Community Heritage Commission - Pacific Biological Pg. 27-28 Station Centennial Anniversary Plaque Committee's Recommendation: That Council direct Staff to have a commemorative plaque prepared for presentation to the Pacific Biological Station in 2008 to mark the Station's Centennial Anniversary. 10. PARKS, RECREATION AND CULTURE COMMISSION: (a) Proposed Park Zoning Pg. 29-31 Committee's Recommendation: That Council support the proposed park zoning and consider giving first and second readings to 'ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.426': which appears under the Bylaw Section of this evening's Agenda. (b) School Community Connections Program Pg. 32-33 Committee's Recommendation: That Council support moving to Step 2 of the School Community Connections Program in partnership with School District 93, Ecole Oceane (formerly Princess Anne School), and the Francophone Association of Nanaimo. (c) Minutes of the Budget Meeting of the Parks, Recreation and Culture Pg. 34-38 Commission held Wednesday. 2007-OCT-03 Commission's Recommendation: That Council receive the Minutes. COUNCIL 2007-NOV-19 PAGE 4 (d) Minutes of the Parks, Recreation and Culture Commission Meeting Pg. 39-46 held Wednesdav, 2007-OCT-03 Commission's Recommendation: That Council receive the Minutes. 1 1. STAFF REPORTS: (blue) ADMINISTRATION: (a) Mr. G. D. Berry, City Manager, to provide a Powerpoint presentation regarding the future of local government. DEVELOPMENT SERVICES: (b) Subdivision Approval - Park and Cash-in-Lieu - 2695 Labieux Road Pg. 47-50 lSUB00674) Staffs Recommendation: That Council approve the payment of cash-in-lieu of park for the subdivision of lands at 2695 Labieux Road (SUB00674), described as Lot I, Section 20, Range 5, Mountain District, Plan 13833. (c) Development Variance Permit No. DVPl24 - 727 Millstone Avenue Pg. 51-56 Staffs Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP124 at 727 Millstone Avenue to convert the existing detached garage into a secondary suite. (d) Development Variance Permit No. DVP125 - 4648 Lanuna Way Pg. 57-67 Staffs Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPl25 at 4648 Laguna Way to vary the gross floor area from the maximum 390.18 square metres (4,200 square feet) to 453.35 square metres (4,880 square feet), a variance of 63.17 square metres (680 square feet) and vary the maximum height measured from curb level from, 5 metres (16.4 feet) to 5.3 metres (I7.4 feet), a variance of 0.3 metres (1 foot). (e) Citv of Nanaimo Zoninn Bylaw Housekeeping Amendments Pg. 68-75 Staffs Recommendation: That Council consider giving first and second readings to "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.425': which appears under the Bylaw Section of this evening's Agenda. COUNCIL 2007-NOV-19 PAGE 5 (f) Report of the Public Hearing Held Thursday, 2007-NOV-01 for Pg. 76-79 Bylaw Nos. 4000.423.4000.424, and 6000.073 Staffs Recommendation: That Council receive the Report and the Minutes of the Public Hearing held Thursday, 2007-NOV-01. (g) Rezoning Application No. RA195 - 5160 Hammond Bav Road Pg. 80-86 Staffs Recommendations: That Council: 1 consider giving first and second readings to "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.427': which appears under the Bylaw Section of this evening's Agenda; AND: 2. direct Staff to secure the storm water management plan, erosion and sediment control plan, buildings setbacks, and the proposed community contribution as conditions of rezoning. (h) Animal Control Services Contract Pg. 87 Stafs Recommendations: That Council: 1. authorize Staff to renew the Animal Control Services Contract with the Nanaimo Animal Shelter for an additional two-year period at an increased cost of six percent; AND: 2. re-tender the contract affer the two year extension has expired. (i) Unresolved Building Deficiencies - Notice on Title (Section 57) Pg. 88-92 It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/illegal suites/grow operations for the following properties: (1) 5285 Toms Turnabout - Illegal Construction IAdditional Dwelling Unit (2) 5287 Toms Turnabout - Illegal Construction IAdditional Dwelling Unit (3) 4914 Fillinger Crescent - Illegal Construction / Deck (4) 820 Fitzwilliam Street - Incomplete Building Permit (5) 3764 Avonlea Drive - Illegal Construction / Accessory Building (6) 5568 Clipper Drive - Illegal Grow Operation / Illegal Construction (7) 3340 Kite Way - Illegal Grow Operation / Illegal Construction 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. COUNCIL 2007-NOV-19 PAGE 6 (j) Unresolved Building Deficiencies - Remedial Action Requirements Pg. 93- /Section 72173) 100 It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencieslillegal suiteslgrow operations for the following properties: (1) 5568