Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

NOVEMBER 3, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, November 3, 1998, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:

Mayor Philip Owen

Councillor Don Bellamy

Councillor Jennifer Clarke

Councillor Alan Herbert

Councillor Lynne Kennedy

Councillor Daniel Lee

Councillor Don Lee

Councillor Gordon Price

Councillor George Puil

Councillor Sam Sullivan

ABSENT:

CITY MANAGER'S

OFFICE:

Councillor Nancy A. Chiavario (Leave of Absence)

Ken Dobell, City Manager

CLERK TO THE

COUNCIL:

Ulli S. Watkiss

PRAYER

The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.

CONDOLENCES

The Mayor offered condolences to the family and friends of Ted Leung, Comptroller of Accounting, who had passed away suddenly last week. He acknowledged that Mr. Leung was held in high regard by staff members and Council for his genuine desire to provide a high standard of service, and was well liked by those who were fortunate to know him. A brief gathering will be held on November 4, 1998 at 8:30 a.m. on the third floor, City Hall, for those who wish to share memories of him.

"IN CAMERA" MEETING

Council was advised there were property matters to be considered "In Camera" later this day.

ITEMS ARISING FROM "IN CAMERA" MEETING OF OCTOBER 20, 1998

The following were appointed to the Development Permit Board and Advisory Panel:

Development Permit Board (City Staff)

Members Alternates

Director, Development Services (Chair) General Manager, Community Services

General Manager, Engineering Services Deputy City Engineer or Assistant City Engineer (Ian Adam)

Deputy City Manager General Manager, Corporate Services

Co-Director, Planning (Larry Beasley) Co-Director, Planning (Jacquie Forbes-Roberts)

Advisory Panel

Representing the Development Industry: Allan Gjernes (1999-2000)

Representing the Design Professions: James Hancock (1999-2000)

Representing the General Public: Rona Mingay (1999-2000)

Robert Roodenburg (1999-2000)

Beatrice Parton (Balance of 1998-1999)

ADOPTION OF MINUTES

1. Regular Council Meeting Minutes

(City Services and Budgets)

October 8, 1998

MOVED by Cllr. Puil,

SECONDED by Cllr. Price,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting Minutes

(Planning and Environment)

October 8, 1998

MOVED by Cllr. Clarke,

SECONDED by Cllr. Daniel Lee,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

3. Regular Council Meeting Minutes

October 20, 1998

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Kennedy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

ADOPTION OF MINUTES (CONT’D)

4. Special Council Meeting

(Show Cause Hearing)

October 20, 1998

MOVED by Cllr. Daniel Lee,

SECONDED by Cllr. Kennedy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

5. Special Council Meeting Minutes

(Public Hearing)

October 22, 1998

MOVED by Cllr. Kennedy,

SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Sullivan,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

- CARRIED UNANIMOUSLY

REPORT REFERENCE

1.a)Transportation Priorities and Resource Needs - Overview Report

b)Rapid Transit Work Program and Resources

c)Rapid Transit Project - Independent Consultant Review

2. Rapid Transit Project, Special Commission, SkyTrain Review File: 5559

Arrangements had been made for Council members to be provided with a report reference on the "Rapid Transit Project, Special Commission, SkyTrain Review", as presented in the Administrative Report dated October 15, 1998.

It was noted that the Standing Committee on Transportation and Traffic had met earlier this day and had deferred consideration of the recommendations contained in the Administrative Reports 1a, b, and c, to the Council meeting immediately following the Standing Committee on City Services and Budgets meeting to be held at 9:30 a.m. on November 5, 1998.

Dave Rudberg, General Manager Engineering Services, advised that the purpose of the report was to provide an opportunity for Council to review the role of the Special Commission, SkyTrain Review for Broadway-Lougheed and Coquitlam-New Westminster Rapid Transit Project, which had been struck by the Province to deal with the environmental process for urban transit rail. The process is to be concluded and reported out by December 1998. In his review, Mr. Rudberg outlined the concerns and issues that have been raised by City staff, and the lack of information forthcoming from the Rapid Transit Project Office (RTPO) concerning ridership, budget and affordability, which creates a very difficult environment for the City to prepare a submission to the commission. Staff concluded that with the many concerns raised, the proposed deadline does not provide adequate time for an informed response. It was believed that an extended deadline for the special assessment, by at least 3 months, would provide for a more complete review.

Commissioner Derek Thompson, provided a review of the Commission’s role and terms of reference, which, among other tasks, is to focus on the implementation of a public consultation process and review environmental issues. A store front office will be in place near Broadway and Commercial and actions to date include establishing a website and registry; information requests to the RTPO; liaison with local governments; establishment of an inter-agency committee; and monitoring community consultations since September 1998. The next steps include preparation of a draft interim report on receipt of RTPO information and conclusions of alignment consultation for Phase I; prepare for public meetings; focus on Phase I mitigation actions; focus on Phase II issues; focus on Phase II design completion; and ongoing monitoring and advice. All activities will be conducted in an open, accessible and neutral manner.

Cont’d

REPORT REFERENCE (CONT’D)

Rapid Transit Project, Special Commission, SkyTrain Review (cont’d)

During the ensuing question period, Council members were very clear about their dissatisfaction with the provincial government’s haste associated with this project and the manner in which it has been thrust upon the City. They asked Mr. Thompson to carry this message to the government and explain Council’s frustrations.

MOVED by Cllr. Clarke,

A.THAT the Rapid Transit Project Office be requested to provide more detail on ridership, design and costs prior to the City presentation to the Commission.

B.THAT Council request the Province to extend the deadline for the Special Commission, SkyTrain Review to provide for a more meaningful assessment of the project impacts.

C.THAT the enclosed list of issues be forwarded to the Commission for examination during its term.

- CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1.Development of the Ridgeway

Greenway/Bikeway - West Extension File: 5767

At its meeting of October 1, 1998, the Standing Committee on Planning and Environment, deferred consideration of recommendations contained in an Administrative Report dated September 15, 1998 on the above-mentioned subject, after the hearing of delegations, to Council’s meeting this day to allow time for staff to provide further information on two options.

Accordingly, Council had before it a memorandum dated October 22, 1998 from the Director of Community Planning and the Assistant City Engineer, Streets, providing the requested information and new recommendations for Council’s consideration. The purpose of the original Administrative Report was to obtain Council approval for the construction and maintenance of the Ridgeway west extension, and additional traffic calming measures related to the status of Quesnel Drive, as recommended in the City’s Transportation Plan.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Development of the Ridgeway

Greenway/Bikeway - West Extension (cont’d)

Peter Bremner, Greenways and Local Improvement Engineer, circulated a summary of the options and the recommendations contained therein, and responded to questions of Council.

MOVED by Cllr. Price,

A. THAT staff conduct a public process on the six alternative routes through sub-area 3, as presented in the Administrative Report dated September 15, 1998, and report back.

B.THAT staff conduct a public process to review additional traffic calming measures in sub-area 4, as presented in the Administrative Report dated September 15, 1998, and report back.

C. THAT Council approve the construction of the Ridgeway Greenway/Bikeway west extension in sub-areas 1, 2, 5, 6 and 7, as described in the Administrative Report dated September 15, 1998.

D. THAT funding of $1,098,500 be approved from the following sources:

$863,500 from the Streets Basic Capital Unappropriated Account No.12/31/6906/999 (City Greenway) for construction of the Ridgeway west extension sub-areas 1, 2, 5, 6 and 7;

$140,000 from the Streets Basic Capital Unappropriated Account No. 13/32/9803/999 (Residential Streets) for the improvement, with curb and gutter, of the southern half of 37th Avenue between East Boulevard and Laburnum Street (adjacent to Point Grey and Quilchena Schools), subject to approval of the 1999 Streets Capital Budget;

$35,000 from the Streets Basic Capital Unappropriated Account No.12/31/9833/999(Bus Bulges) for the development of bus bulges on West 10th Avenue at Discovery Street;

$33,000 from Account No. 20/34/4071/999 (Infill Lighting) for installation of street lights; and

Cont’d

UNFINISHED BUSINESS (CONT’D)

Development of the Ridgeway

Greenway/Bikeway - West Extension (cont’d)

$27,000 from the Streets Basic Capital Unappropriated Account No. 12/31/6903/999 (Bicycle Network) for installation of bicycle signage, subject to approval of the 1999 Streets Capital Budget.

E.THAT commencing in 2000, the following budgets be increased (without offset) as listed:

$23,000 - Streets Operating Budget for horticultural maintenance;

$ 9,500 - Traffic Operating Budget for signage and stencil

maintenance;

$ 6,600 - Traffic Signal Maintenance Budget; and

$ 1,050 - Street Lighting Maintenance Budget."

F. THAT Council reaffirm its policy with respect to the Greenway/Bikeway Plan (City and neighbourhood), and its intention to build a Ridgeway Greenway/Bikeway in its entirety, in one form or other, following public consultation.

G.THAT Council instruct staff to conduct a public process on the alternative route for the Ridgeway Greenway along West 37th and Balaclava, and report back.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote on recommendation ‘G’)

ADMINISTRATIVE REPORTS

1. Disability Management Staffing File: 1379

October 13, 1998 RTS: 108

As a delegation request had been received, this report has been referred to a Standing Committee meeting on November 19, 1998.

2. Adoption of a New Vancouver Police Department Crest File: 1009

October 8, 1998 RTS: 200

Constable Joanne McCormick briefly reviewed the purpose of the Administrative Report before Council, which was to obtain approval to initiate a petition to the Chief Herald of Canada, to receive a Vancouver Police Department badge or crest. The badge is set to a standard format throughout Canada.

MOVED by Cllr. Bellamy,

THAT Council approve the adoption of a new police department badge or crest.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

3.679 East Georgia Street - Proposed Closure of a Portion

of East Georgia Street and Heatley Avenue File: 5753

October 15, 1998 RTS: 161

MOVED by Cllr. Bellamy,

A.THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Brian W. Collins, B.C.L.S., on October 14th 1998, marginally numbered 98-300/1, defining the horizontal limits of the encroachments onto East Georgia Street and Heatley Avenue (a reduced copy of which is attached to the Administrative Report dated October 16, 1998, as Appendix "A"), by the building at 679 East Georgia Street and apply to raise title to the portion of East Georgia Street and Heatley Avenue, defined on the said Reference Plan, in the name of the City of Vancouver.

B.THAT all those volumetric portions of East Georgia Street and Heatley Avenue included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 14th day of October 1998 by Brian W. Collins, B.C.L.S., and marginally numbered 98-300/2, a reduced copy of which is attached to the Administrative Report dated October 16, 1998, as Appendix "B", be closed, stopped-up and that an easement be granted to the owner of abutting Parcel 1, Block 84, District Lot 196, Plan LMP 37445, to contain the portions of the existing building which encroach onto East Georgia Street and Heatley Avenue. The easement to be for the life of the encroaching portion of the existing building on said Parcel 1, and to be to the satisfaction of the Director of Legal Services.

C.THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

4.Local Improvements by Petition -

December 1, 1998; First and Second Step Report File: 5802

October 16, 1998 RTS: 152

MOVED by Cllr. Puil,

A.THAT petition projects listed in Appendix I of the Administrative Report dated October 16, 1998, be brought before a Court of Revision on December 1, 1998.

B.THAT the reports of the City Engineer and Director of Finance be adopted together with details of the Second Step Report as summarized in Appendix II of the Administrative Report dated October 16, 1998.

C.THAT pavement and curb project number 14, as described in Appendix I of the Administrative Report dated October 16, 1998, be designated as a thoroughfare for the purposes of Part II of the Local Improvements Procedure By-law, so that the abutting residential property owners’ rates are reduced by the required 25%.

D.THAT sidewalk project number 29, as described in Appendix I of the Administrative Report dated October 16, 1998, be designated as a "pedestrian collector route" so that the abutting residential property owners’ rates are reduced by the required 25%.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

5.Form of Development: 2733 Arbutus Street

DE403370 - CD-1 By-law Numbers 7317 and 7654

Owner of Development: Greystone Properties File: 2604-1

October 16, 1998 RTS: 164

MOVED by Cllr. Clarke,

THAT the revised form of development for this portion of the CD-1 zoned site known as 2135 West 12th Avenue and 2725 Arbutus Street (2733 Arbutus Street being the application address) be generally approved as illustrated in the Development Application Number DE403370, prepared by Howard Bingham Hill Architects and stamped "Received, City Planning Department October 9, 1998", provided that the Director of Planning may approve design changes which would not adversely affect either the development character of this site or adjacent properties.

- CARRIED UNANIMOUSLY

6.Award of Contract No. 9813 - Supply and

Installation of Distribution Watermain File: 1805

October 20, 1998 RTS: 218

As a delegation request had been received, this report has been referred to a Standing Committee meeting on November 19, 1998.

7.Support for 1998 Canadian Technical

Asphalt Association Conference File: 1310

October 19, 1998 RTS: 216

MOVED by Cllr. Puil,

That Council approve a contribution of $1,500 to the 1998 Canadian Technical Asphalt Association Conference, with source of funds to be the 1998 Engineering Operating Budget.

- CARRIED UNANIMOUSLY

AND BY THE

REQUIRED MAJORITY

ADMINISTRATIVE REPORTS (CONT’D)

8.New WCB Assessment Model File: 1306

October 22, 1998 RTS: 100

MOVED by Cllr. Bellamy,

THAT this report be received for information.

- CARRIED UNANIMOUSLY

9. Intersection Safety Cameras File: 5762-1

October 19, 1998 RTS: 201

MOVED by Cllr. Kennedy, (in amendment)

THAT the following motion be amended by adding the words "once camera reliability can be demonstrated", after the words "on an interim basis".

- LOST

(Councillors Bellamy, Herbert, Daniel Lee, Don Lee,

Price, Puil, Sullivan and the Mayor opposed)

MOVED by Cllr. Herbert,

THAT Council allow the use of Intersection Safety Cameras in the City of Vancouver on an interim basis, with any extension subject to a mutually satisfactory revenue-sharing agreement being negotiated by January 1, 1999, with the Province of British Columbia.

- CARRIED

(Councillor Kennedy opposed)

MOVED by Cllr. Puil,

THAT Council communicate with the Minister of Municipal Affairs, insisting that the Provincial Government share with the City of Vancouver, revenues received from moving violations (photo radar, intersection cameras), as stated in a speech at the September 1997 Conference of the Union of British Columbia Municipalities by the Honourable Mike Farnworth, the Minister of Municipal Affairs at that time.

- CARRIED UNANIMOUSLY

*****

The Council recessed at 3:50 p.m.

and following a reception and In Camera Meeting in the Mayor’s Office,

reconvened in open session, at 5:00 p.m. with all members present.

*****

ADMINISTRATIVE REPORTS (CONT’D)

10. Upgrades to the Council Chamber File: 1252

October 16, 1998 RTS: 111

The City Clerk, Ulli Watkiss, responded to questions of Council related to the Administrative Report dated October 16, 1998 which she had prepared in consultation with the Managers of Facilities Development and Building Management, seeking Council authorization to upgrade the Council Chamber.

The report responded to Council’s instruction of March 3, 1998 that a report back be provided on ways to achieve a more modern facility for meetings of Council, particularly with respect to delegations and audio-visual presentations in the Council Chamber. Two options were included in the report, ranging from replacement of the existing sound system, with the purchase of an audio-visual projector and screen, to significant upgrading to sound, audio-visual and TV lighting systems and improvements to the layout of the room.

Ms. Watkiss also referred to the development of a multi-purpose meeting facility on the sub-ground floor, which will be included in planning for the 2000-2002 Capital Plan, and will serve as an alternate location for Council meetings when it is expected that a large crowd of people will attend.

MOVED by Cllr. Herbert,

THAT a comprehensive upgrade of the Council Chambers, including sound, audio-visual, and TV lighting systems be undertaken for an estimated cost of $300,000 (Option B).

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

11. Better City Government - Enforcement Review File: 1002

October 13, 1998 RTS: 181

MOVED by Cllr. Sullivan,

A.THAT Council approve funding for the Business Process Re-design of the enforcement of property use, business, building and relevant by-laws at a cost not to exceed $190,000, from the Strategic Initiatives Fund.

B.THAT Council award the contract for consulting services, at a cost not to exceed $175,000, to SMG/Columbia Consulting Group. These funds are included in the $190,000 total in Recommendation A.

C.THAT the General Manager of Community Services report back to Council at the conclusion of the re-design process, estimated to be in mid-1999, regarding both the conclusions/recommendations of the work and the plan for, and estimated cost of, implementation.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

12. Deputy Chief License Inspector -

Coordinated Enforcement Task Force File: 1002

October 26, 1998 RTS: 277

Inspector Gordon Spencer offered information to Council members about the Administrative Report dated October 26, 1998, which proposed an interdepartmental coordinated enforcement task force to address the most difficult enforcement issues, and as a model for future enforcement activities. Noting the proposal included an increase in the number of Show Cause hearings to 24 for the 12 month operating period of the Task Force, it was explained that not all Council members are anticipated to be required for these hearings, but rather a rotation of 6 or 7 members, to address the impact on the already heavy workload of the Mayor and Councillors.

MOVED by Cllr. Puil,

A.THAT Council approve funding, not to exceed $88,000, for a Coordinated Enforcement Task Force, for a 12-month period. Source of funds for the 1998 costs estimated at $10,000 to be Contingency Reserve with the balance to be provided from the 1999 Operating Budget envelope approved by Council on October 22, 1998.

B.THAT Council approve the temporary exempt position of Deputy Chief License Inspector, Coordinated Enforcement, pursuant to section 4 of the Vancouver Charter, for a 12-month period, at a cost not to exceed $75,000. These funds are included in recommendation A.

C.THAT Council direct the Manager of Coordinated Enforcement report back to Council within six months, with a progress report and a transition plan to amalgamate the Task Force within existing enforcement services.

D.THAT Council direct the Manager of Coordinated Enforcement to increase the number of Show Cause hearings to 24 for the 12 month operating period of the Task Force.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

13. Traffic Signal Management System Upgrade

- Signal Controllers File: 5761-1

October 27, 1998 RTS: 242

MOVED by Cllr. Bellamy,

A.That staff investigate accelerating the upgrade of the TSMS system and signal controllers, to complete critical elements prior to January 1, 2000.

B.THAT staff be authorized to enter into negotiations with Novax Industries Corporation for the supply of 600 traffic signal controllers.

- CARRIED UNANIMOUSLY

POLICY REPORTS

1. Amendment to Oakridge/Langara Development

Cost Levy By-law No. 7630 File: 113

October 19, 1998 RTS: 195

MOVED by Cllr. Puil,

THAT the Oakridge/Langara Development Cost Levy By-law, No. 7630, be amended to provide for a reduced rate for schools of $5.49 per square metre ($0.51/sq. ft.).

- CARRIED UNANIMOUSLY

POLICY REPORTS (CONT’D)

2. CD-1 Rezoning - 333 East Pender Street File: 5307

October 23, 1998 RTS: 196

MOVED by Cllr. Puil,

A.THAT the application by Robert Isaac-Renton, Architect, to rezone 333 East Pender Street (Lots 24, 25 and 26, Block 71, DL 196, Plan 196) from RT-3 to CD-1, to permit congregate housing and ancillary space, be referred to a Public Hearing, together with:

(i)plans received August 6, 1998;

(ii)draft CD-1 By-law provisions, generally as contained in Appendix A of the Policy Report dated October 23, 1998;

(iii)the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve, subject to conditions contained in Appendix B of the Policy Report dated October 23, 1998; and

(iv)subject to Council CONSIDERATION of the following minimum unit sizes for this project only:

(a)that minimum unit sizes be established at 21.0 m² (226 sq. ft.) for single occupancy congregate units and 30.7 m² (330 sq. ft.) for double occupancy, as recommended by the Manager of the Housing Centre;

OR

(b)that minimum unit sizes be established at 25.0 m² (269 sq. ft.) for single occupancy congregate units and 42.0 m² (452 sq. ft.) for double occupancy, as recommended by the Director of Social Planning and the Vancouver/Richmond Health Board (with a possible relaxation to 23.3 m²/251 sq. ft. for "affordable" single occupancy units).

AND THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing.

- CARRIED UNANIMOUSLY

POLICY REPORTS (CONT’D)

3. CD-1 Rezoning - 6112-6138 Cambie Street File: 5303-1

October 22, 1998 RTS: 197

MOVED by Cllr. Bellamy,

THAT the application by W.T. Leung, Architect, to rezone 6112-6138 Cambie Street (Lots A & B of Lot 1, Block 999, D.L. 526, Group 1 NWD Plan 7765) from RT-2 Two-family Dwelling District to CD-1 Comprehensive Development District, to permit 16 residential townhouse units, be referred to a Public Hearing, together with:

(i)plans received April 7 and October 1, 1998;

(ii)draft CD-1 By-law provisions, generally as contained in Appendix A of the Policy Report dated October 22, 1998; and

(iii)the recommendation of the Director of Community Planning on behalf of Land Use and Development to approve, subject to conditions contained in Appendix B of the Policy Report dated October 22, 1998;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,

SECONDED by Cllr. Puil,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend By-law No. 7630, being

the Oakridge/Langara Development Cost Levy By-law

MOVED by Cllr. Price,

SECONDED by Cllr. Don Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Price,

SECONDED by Cllr. Don Lee,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

BY-LAWS (CONT’D)

2. A By-law to amend By-law No. 3575, being the

Zoning and Development By-law

(Rezoning C1 to CD-1: 2956-2970 East 22nd Avenue)

MOVED by Cllr. Price,

SECONDED by Cllr. Don Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Price,

SECONDED by Cllr. Don Lee,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

COUNCILLORS BELLAMY, CHIAVARIO AND CLARKE

EXCUSED FROM VOTING ON BY-LAW 2

BY-LAWS (CONT’D)

3. A By-law to amend By-law No. 5343, being a

By-law which amended the Zoning and

Development By-law by rezoning an area to CD-1

(2940-2970 East 22nd Avenue)

MOVED by Cllr. Price,

SECONDED by Cllr. Don Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Price,

SECONDED by Cllr. Don Lee,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

COUNCILLORS BELLAMY, CHIAVARIO AND CLARKE

EXCUSED FROM VOTING ON BY-LAW 3

MOTIONS

A. Closing of volumetric portions of East Georgia Street

and Heatley Avenue adjacent to 679 East Georgia Street File: 5753/5807

MOVED by Cllr. Price,

SECONDED by Cllr. Clarke,

THAT WHEREAS:

1.The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;

2.Portions of the building constructed on Parcel 1, Block 84, District Lot 196, Plan LMP 37445 encroach onto East Georgia Street and Heatley Avenue ;

3.The portions of East Georgia Street and Heatley Avenue encroached upon, abutting said Parcel 1, were dedicated by the deposit of Plan 196 ;

4.To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portion of street encroached upon ;

5.To enable Council to grant the required easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of East Georgia Street and Heatley Avenue that are encroached upon.

THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver to that portion of road dedicated by the deposit of Plan 196 and included within the bold outline on a Reference Plan, attested to by Brian W. Collins, B.C.L.S., representing a survey completed on October 14th, 1998; marginally numbered 98-300/1; and

BE IT FURTHER RESOLVED THAT all those volumetric portions of East Georgia Street and Heatley Avenue, included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 14th day of October, 1998, and certified correct by Brian W. Collins, B.C.L.S., and marginally numbered 98-300/2, be closed, stopped-up, and that an easement be granted to the abutting owner of Parcel 1, Block 84, District Lot 196, Plan LMP 37445, to contain the portions of the existing building which encroach onto East Georgia Street and Heatley Avenue. The said easement to be to the satisfaction of the Director of Legal Services.

- CARRIED UNANIMOUSLY

MOTIONS (CONT’D)

B. Establishing Road, West Knight Street,

North of 41st Avenue, adjacent to 5569 Knight Street File: 5807

MOVED by Cllr. Price,

SECONDED by Cllr. Clarke,

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for lane purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver

All that portion of Lot 18, except the East 7 feet and West 2.5 feet, now highways, Block 4, District Lot 711, Plan 1383, the same as shown heavy outlined on plan of survey completed on the 20th day of October, 1998, attested to by A. DiNozzi, B.C.L.S., and marginally numbered LD3553;

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

- CARRIED UNANIMOUSLY

NOTICE OF MOTION

The following Notice of Motion was submitted by Cllr. Don Lee and recognized by the Chair:

Sam Kee Building - Waiver of Encroachment Fees 5807

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Bellamy,

WHEREAS the City has a policy of uniformly charging for all encroachments of buildings onto City-owned lands;

AND WHEREAS at its meeting of November 28, 1996 Council agreed to exempt the Sam Kee building from charges for the area that extends under Pender Street by motion as follows:

"The fees for the areaway encroachment at 8 Pender Street be reduced from the current rate to a nominal fee (noting that the overhead bay windows would still be subject to an annual fee of approximately $260.00), and that the fee reduction be retroactive."

AND WHEREAS the City has, since then, ceased charging for the exempted encroachment but continued to charge for encroachments for bay windows, cornices and stairways;

AND WHEREAS the owner now requests fee exemption for all encroachments of the building on City lands;

NOW THEREFORE BE IT RESOLVED that all fees for encroachments of the Sam Kee building onto City lands are hereby waived and that the waiver be retroactive.

- Notice

ENQUIRIES AND OTHER MATTERS

1. Street Vendors - 4th & Commercial File: 2630

RTS: 324

Councillor Bellamy advised he had recently received calls of complaint over the proliferation of street vendors in the area of 4th Avenue and Commercial Drive, who are taking over the sidewalks, causing safety concerns for pedestrians. He asked that enforcement staff investigate the matter.

The Mayor so agreed.

2. Municipal Government Accountability File: 1257

Councillor Kennedy referred to the Minister of Municipal Affairs’ announcement that five forums dealing with Municipal Government Accountability will be held in the Province, in the near future. She wanted Council and staff to be aware that the Lower Mainland’s forum would take place in Burnaby, and once the date and exact location is known, arrangements should be made for a representative of the City to attend.

3. International Crime Prevention and

Partnership Forum, Johannesburg, S.A. File: 1254

Councillor Kennedy briefly referred to her recent attendance at the above conference which was very interesting and informative. A written report on her trip is being prepared and will be circulated to Council members when complete.

****

The Council adjourned at 5:30 p.m.

*****


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