REGULAR COUNCIL MEETING
MINUTES
JUNE 15, 1999
A Regular Meeting of the Council of the City of
Vancouver was held on Tuesday, June 15, 1999, at 2:00 p.m., in the Council Chamber, Third
Floor, City Hall.
PRESENT: Mayor Philip Owen
CITY MANAGER'S
OFFICE: Judy Rogers, City Manager
CLERK TO THE
COUNCIL:
Ulli S. Watkiss, City Clerk
* denotes presence during part of the meeting.
PRAYER
"IN CAMERA" MEETING
PRESENTATION
Councillor Herbert explained that on a recent
trip to China, he and Councillors Don Lee and Daniel Lee were presented with a gift for
the City. As the City wishes to pass on the sculpture to the Chinese Cultural Centre, the
President of the Chinese Cultural Association was present to receive the gift.
"KEEP VANCOUVER SPECTACULAR"
The Mayor offered congratulations to City staff
and volunteers who have participated in the "Keep Vancouver Spectacular"
clean-up campaign. He advised that in 1996, 1500 volunteers cleaned up 400 city blocks,
while this year, 5000 volunteers cleaned up 1500 blocks. This marked increase is a measure
of the great pride that Vancouver citizens have for their community.
ADOPTION OF MINUTES
1. Special Council Meeting
(Public Hearing)
May 18, 1999
MOVED by Cllr. Bellamy
SECONDED by Cllr. Kennedy,
(Councillor Sullivan absent for
the vote)
2. Regular Council Meeting
(City Services & Budgets)
May 20, 1999
MOVED by Cllr. Puil
SECONDED by Cllr. Herbert
(Councillor Sullivan absent for
the vote)
ADOPTION OF MINUTES (CONT'D)
3. Regular Council Meeting
(Planning & Environment)
May 20, 1999
MOVED by Cllr. Clarke
SECONDED by Cllr. Bellamy
(Councillor Sullivan absent for
the vote)
4. Regular Council Meeting
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Chiavario,
(Councillor Sullivan absent for
the vote)
5. Regular Council Meeting
(Transportation & Traffic)
June 1, 1999
MOVED by Cllr. Price,
SECONDED by Cllr. Don Lee,
(Councillor Sullivan absent for
the vote)
COMMITTEE OF THE WHOLE
MOVED by Cllr. Herbert,
SECONDED by Cllr. Puil,
THAT this Council resolve itself into Committee
of the Whole, Mayor Owen in the Chair.
(Councillor Sullivan absent for
the vote)
REPORT REFERENCE
1. Hastings Park Restoration and PNE
Arrangements
Through 2002 File: 8009/RTS: 608
Larry Beasley, Co-Director of Planning, reviewed
the background to the Administrative Report dated June 8, 1999 (see Administrative Report
A8), which recommended the Council support the continued presence and operation of the PNE
on Hastings Park for the next three years, in the context of the continued implementation
of the Hastings Park Restoration Plan for green park and recreation purposes as currently
approved and scheduled. Mr. Beasley noted that the report was before Council for
information only as arrangements had been made for Council to hear speakers and consider
the recommendations at the June 24, 1999 meeting of the Planning and Environment Standing
Committee.
MOVED by Cllr. Puil,
THAT the verbal report by the Co-Director of
Planning be received for information and consideration of the Administrative Report dated
June 8, 1999, entitled "Hastings Park Restoration and PNE Arrangements Through
2002" be referred to the June 24, 1999 meeting of the Standing Committee on Planning
and Environment for the hearing of any delegations.
(Councillor Sullivan absent for
the vote)
UNFINISHED BUSINESS
1. Text Amendment - 1610-1650 Bayshore Drive
File: 1401-8
At a Public Hearing held May 18, 1999, Council
considered the proposed text amendment to 1610-1650 Bayshore Drive. Due to the late hour
and the need to have further information from staff clarifying issues on views and an
explanation of public benefits and impacts of other decisions such as transit, public
housing benefits, details on potential changes in funding, Council concluded the Public
Hearing and agreed to defer consideration of a motion to refuse the application.
* Councillors Chiavario and Clarke left the
Council Chambers at this point in the proceedings, as they were not present at the Public
Hearing, and therefore were not eligible to participate in the discussion.
Larry Beasley, Co-Director of Planning, referred
to the original package of information before Council at the Public Hearing which
contained staff's recommendations and conditions for approval and a subsequent memorandum
dated June 10, 1999 which provided responses to questions raised by Council members at the
Public Hearing. For ease of reference, Mr. Beasley also provided Council with a memorandum
dated June 14, 1999 to which was attached a consolidation of all conditions, with changes.
* Councillor Sullivan joined the meeting at this
point in the proceedings.
Having received this new information, Councillor
Puil requested and received consent to withdraw his motion to refuse the application.
During discussion, Councillor Price emphasized
that the public must be clear that with respect to the transit issue there is an option
for an at-grade right-of-way.
MOVED by Cllr. Price,
THAT the application to amend the text of the
CD-1 By-law for 1610-1650 Bayshore Drive be approved, subject to the following conditions:
. (a) THAT the proposed form of development be
approved by Council in principle, generally as prepared by Hancock Br¸ckner Eng + Wright,
Architects and stamped "Received, City Planning Department, November 13, 1998"
provided that the Director of Planning may allow minor alterations to this form of
development when approving the detailed scheme of development as outlined in (b) below,
including reductions in height in accordance with revised section 3.4.1 of the CD-1
Guidelines.
UNFINISHED BUSINESS (CONT'D)
Text Amendment - 1610-1650 Bayshore Drive
(cont'd)
(b) THAT, prior to approval by Council of the
form of development, the applicant shall obtain approval of a development application by
the Director of Planning, who shall have particular regard to the following:
CPTED
(i) design development to take into consideration
the principles of CPTED (Crime Prevention Through Environmental Design) having particular
regard to reducing opportunities for theft and maximizing personal safety in the
underground parking garage, break and enter and vandalism such as graffiti, ensuring that
private and public pedestrian routes are distinguishable and providing direct access to
all residential units from the underground parking garage;
CARDERO STREET ENTRANCE FOR BUILDING `D'
(ii) design development of the vehicular and
pedestrian entrance and Porte Cochere off Cardero Street for Building `D' to provide high
quality paving materials and landscaping;
NORTH FACADE OF BUILDING `H'
(iii) design development to the northern facade
of Building `H' on Bayshore Drive to minimize the height of any retaining walls and ensure
the difference of height between the public sidewalk and the entrances to the townhouses
is no more than 1.1 m;
DESIGN DEVELOPMENT FOR LANDSCAPING AT CORNER OF
CARDERO & GEORGIA
(iv) design development of the northwest corner
of West Georgia Street and Cardero Street to provide a high quality landscaping treatment;
UNFINISHED BUSINESS (CONT'D)
Text Amendment - 1610-1650 Bayshore Drive
(cont'd)
TREATMENT OF THE BASE OF BUILDINGS `C', `D' &
`G'
(v) design development to the base treatment and
floor plate configuration of Buildings `C', `D' and `G' to minimize their impact on the
northwesterly public view corridor seen from pedestrian sidewalk areas on the north side
of Georgia Street;
Note to Applicant: Consideration should be given
to double height lobby areas at-grade with extensive clear glazing, corner cutbacks to
tower floor plates, asymmetrical floor plates, and clear glass railings for projecting
balconies.
(c) THAT the amending By-law be amended to delete
the amendment to increase maximum height under Section 7.1.
(d) THAT Section 3.4.1, Height, in the draft CD-1
Guidelines amendments be amended to show, in Table 1, that Building `D' should have a
maximum height of 26 storeys and 74 m, and Building `I' should have a maximum height of 25
storeys and 72 m.
(e) THAT prior to enactment of the amending
By-law, and at no cost to the City, the registered owner shall:
FIRE ACCESS FOR BUILDING `D'
(i) execute an agreement, satisfactory to the
General Manager of Engineering Services and the Director of Legal Services, to secure
access and specific construction details for fire and emergency access to Building `D',
via the Porte Cochere, off Cardero Street;
(ii) execute an agreement, satisfactory to the
General Manager of Engineering Services and Director of Legal Services, to secure fire and
emergency access to Building `D', at the northwest corner of Cardero Street and West
Georgia Street, in the vicinity of the south side of Building `D';
UNFINISHED BUSINESS (CONT'D)
Text Amendment - 1610-1650 Bayshore Drive
(cont'd)
VOLUMETRIC TRANSIT R.O.W. PLAN
(iii) make suitable arrangements, satisfactory to
the General Manager of Engineering Services and Director of Legal Services, for the
modification of the Public Transit System Volumetric Right-of-Way plan;
VOLUMETRIC TRANSIT R.O.W. AGREEMENT
(iv) execute a modification agreement to the
Public Transit System Volumetric statutory Right-of-Way agreement, satisfactory to the
General Manager of Engineering Services and Director of Legal Services, providing for (1)
the Owner assuming costs for the removal and replacement of landscaping, structures and
other improvements located on the Lands in the event of the construction of the Transit
Works; and (2) the Owner assuming any additional construction, maintenance and operating
costs of the transit works and system to be located in the modified public transit system
volumetric Right-of-Way resulting from the new location of Building `D', generally as
shown in Appendix G of this report as opposed to the location of Building D approved in
the 1993 rezoning, in the event of the construction of the Transit Works;
GROUND LEVEL TRANSIT R.O.W. AGREEMENT
(v) execute a modification agreement to the
Ground Level Transit System Statutory Right-of-Way agreement, satisfactory to the General
Manager of Engineering Services and the Director of Legal Services, providing for the
Owner assuming costs for the removal and replacement of landscaping, structures and other
improvements located on the Lands in the event of the construction of the Transit Works;
TRANSIT TUNNEL CONSTRUCTION
(vi) discharge to the satisfaction of the General
Manager of Engineering Services and Director of Legal Services, of the Transit Tunnel
Construction and Maintenance Agreement respecting the 1993 rezoning;
UNFINISHED BUSINESS (CONT'D)
Text Amendment - 1610-1650 Bayshore Drive
(cont'd)
NO DISCRIMINATION AGAINST FAMILIES WITH CHILDREN
(vii) execute an agreement, satisfactory to the
Director of Legal Services, not to discriminate against families with children in the sale
of residential units, except for units designated for seniors;
RENTAL TENURE
(viii) execute an agreement, satisfactory to the
Director of Legal Services and the Manager of the Housing Centre, to secure the rental
tenure of Building `D' in perpetuity;
BUILDING ENVELOPES FOR SOCIAL HOUSING AND OTHER
BUILDINGS
(ix) amend the legal agreement, satisfactory to
the Director of Legal Services, the Director of Planning and the Manager of the Housing
Centre, regarding the building envelopes for social and market housing to reflect the
revised form of development;
USE OF COMMON OPEN SPACE
(x) execute an agreement, satisfactory to the
Director of Legal Services, the Director of Planning and the Manager of the Housing Centre
that the privately-owned open space bordered by the market residential and non-market
housing sites in sub-area 1 will only be allocated for the exclusive use of the adjacent
residential properties, with the written approval of the Director of Planning;
INTERIM OPEN SPACE LANDSCAPING
(xi) execute an agreement, satisfactory to the
Director of Legal Services and the Director of Planning, securing landscaping improvements
for the privately-owned open space described in (b)(ix) above and the non-market housing
sites, pending the development of the non-market housing;
UNFINISHED BUSINESS (CONT'D)
Text Amendment - 1610-1650 Bayshore Drive
(cont'd)
CHILD CARE
(xii) amend the legal agreement respecting the
provision of the child-care facility including the security arrangement charging the
hotel, satisfactory to the Director of Legal Services and the Director of Social Planning,
to ensure that a fully furnished, full-age range day care facility for 47 licensed spaces
be provided and further that the facility shall comprise 484 mž (5,200 sq. ft.)
(excluding additional circulation space required to accommodate the elevator, elevator
lobbies and emergency exist stairwells) of indoor space and 437 mž (4,700 sq. ft.) of
immediately adjacent, fenced and equipped play space which includes landscaping and
grassed areas and must meet all community care facilities, licensing and day care
requirements and be satisfactory to the Director of Social Planning.
COMMUNITY AMENITY CONTRIBUTION
(xiii) provide an amount of $127,000 for the
Community Amenity Contribution to offset the request for a reduction in parking spaces.
(Councillors Chiavario and Clarke
not eligible to vote)
(At this point, Councillors
Chiavario and Clarke returned to the meeting)
ADMINISTRATIVE REPORTS
1. Strata Title Conversion - 2104 East 19th
Avenue
May 25, 1999 File: 5311/RTS: 689
MOVED by Cllr. Puil
THAT the application to convert the
previously-occupied building at 2104 East 19th Avenue (Parcel C, Blocks 17 and 18, D.L.
195, Plan LMP37740) to strata title ownership be approved.
(Councillor Bellamy absent for the
vote)
2. Water Conservation - Rain Barrels
May 22, 1999 File: 3753/RTS: 620
MOVED by Cllr. Don Lee
THAT the City continue to provide up to 300 rain
barrels per year at an annual cost of $18,000 providing a 50% subsidy to purchasers;
source of the funds to be the 1999 Waterworks Budget - Water Conservation program;
FURTHER THAT staff review the program on an
annual basis to ensure that the stated program objectives are met, and report back to
Council after a further three years.
(Councillor Bellamy absent for the
vote)
ADMINISTRATIVE REPORTS
(CONT'D)
3. Sanitary Pump Station Facility -
Concord Pacific Place Area 1 - Beach
Neighbourhood
June 1, 1999 File: 5809/RTS: 762
MOVED by Cllr. Puil,
THAT Council authorize the Director of Legal
Services, in consultation with the General Manager of Engineering Services, to proceed
with the establishment as Road, that portion of Lot 167, False Creek, Plan 20639,
consisting of 174.5 m2 as shown in bold outlined in Appendix A to the
Administrative Report dated June 1, 1999, for the purposes of a sewer pump station.
(Councillor Bellamy absent for the
vote)
4. Form of Development: 301 Jervis Street
DE403667 - CD-1 By-law Number 7677
Owner of Development: Hillsboro Investment Ltd.
June 3, 1999 File: 2606/RTS: 730
MOVED by Cllr. Herbert,
THAT the form of development for this portion
(Sub-area 1B, Lot 2) of the CD-1 zoned site known as 301 Jervis Street be approved
generally as illustrated in the Development Application Number DE403667, prepared by James
K.M. Cheng Architects Inc. and stamped "Received, City Planning Department February
22, 1999", 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.
(Councillor Bellamy absent for the
vote)
ADMINISTRATIVE REPORTS
(CONT'D)
5. 1191 Robson Street - Development
Application Number DE404060
Government Liquor Store
June 4, 1999 File: 2608/RTS: 739
During discussion, Councillor Kennedy noted that
she had been appointed to a new panel whose mandate is to advise government on
implementing new liquor laws and regulations. As amendments will be made allowing some
liquor stores to open on Sundays, the Councillor requested staff to report back on
appropriate locations for Council's consideration.
MOVED by Cllr. Kennedy,
THAT Council advise the Director of Central Area
Planning on behalf of Land Use and Development that it would favour approval of
Development Application Number DE404060 for a Liquor Store at 1191 Robson Street.
(Councillor Chiavario opposed)
(Councillor Clarke absent for the vote)
6. Increasing Use of Internet Technology:
The Need for a Corporate Internet Webmaster
May 26, 1999 File: 1188/RTS: 640
MOVED by Cllr. Bellamy,
THAT Council approve the establishment of one new
regular full-time position of Corporate Internet Webmaster at an estimated annual cost of
$55,000, subject to classification by the General Manager of Human Resource Services;
source of funding to be re-allocation within the Information Technology operating budget.
(Councillor Clarke absent for the
vote)
7. Bayshore Parkade Lease Proceeds
Distribution
May 27, 1999 File: 1203/RTS: 713
As a delegation request had been received,
consideration of this report was referred to a future meeting of the Standing Committee on
City Services and Budgets.
ADMINISTRATIVE REPORTS
(CONT'D)
8. Hastings Park Restoration and Pacific
National Exhibition
Arrangements Through 2002
June 8, 1999 File: 8009/RTS: 608
Please see Report Reference # 1.
9. Gastown (former Woodwards) Parkades -
Award of Consultant Services
May 27, 1999 File: 5653/RTS: 772
As a delegation request had been received,
consideration of this report was referred to the June 24, 1999 meeting of the Standing
Committee on City Services and Budgets.
POLICY REPORTS
1. CD-1 Text Amendment for 2657-2693 West 10th
Avenue
May 28, 1999 File: 5308/RTS: 734
MOVED by Cllr. Bellamy,
THAT the application by Eric Stine Architect
Inc., to amend CD-1 By-law No. 5705 for 2657-2693 West 10th Avenue (Strata Lots 1-7, D.L.
192 and 540, Strata Plan VR1467) to increase the permitted floor space by allowing the
enclosure of the upper level on each of the seven existing townhouse units, be referred to
a Public Hearing, together with:
(i) plans received February 8, 1999;
(ii) draft amending by-law to increase the
permitted floor space, generally as contained in Appendix A of the Policy Report dated May
28, 1999; and
(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 May 28, 1999;
FURTHER THAT the Director of Legal Services be
instructed to prepare the necessary by-law for consideration at Public Hearing.
POLICY REPORTS (CONT'D)
2. CD-1 Rezoning - 2001 Wall Street (Cannery
Row)
And 1955/1965 Powell Street
June 1, 1999 File: 5308/RTS: 580
MOVED by Cllr. Clarke;
THAT consideration of the Policy Report dated
June 1, 1999 be referred to the June 17, 1999 meeting of the City Services and Budgets
Committee to allow the applicant an opportunity to speak to why the application should
proceed to public hearing.
3. 1088 Marinaside Crescent: Text Amendments
for Quayside,
Area 4, and Roundhouse, Area 2, of the False
Creek North
Official Development Plan
May 31, 1999 File: 5306/RTS: 763
At 3:35 p.m. Councillor Price declared a conflict
of interest and left the Council Chambers. He did not participate in the discussion or
voting of this item, returning to the Chambers at 3:38 p.m..
MOVED by Cllr. Sullivan,
A. THAT the application by Busby and Associates
Architects to amend CD-1 numbers 297 and 324 and the FCN ODP to permit a marina expansion
and restaurant be referred to a Public Hearing, together with:
(i) plans received December 4, 1998;
(ii) draft amendments to CD-1 by-laws and FCN ODP
generally as contained in Appendix A of the Policy Report dated May 31, 1999; and
(iii) the recommendation of the Director of
Central Area Planning to approve the application, subject to conditions of approval
contained in Appendix C of the Policy Report dated May 31, 1999;
FURTHER THAT the Director of Legal Services be
instructed to prepare the necessary by-laws for consideration at Public Hearing.
POLICY REPORTS (CONT'D)
1088 Marinaside Crescent: Text Amendments for
Quayside, Area 4, and
Roundhouse, Area 2, of the False Creek North
Official Development Plan (cont'd)
B. THAT the following recommendations be referred
to Public Hearing:
(i) THAT a restaurant be approved with a modified
design for a maximum area of 371.6 m2 (4,000 sq. ft.) rather than 557.4 m2
(6,000 sq. ft.).
(ii) THAT the marina from Davie Street westward
be approved but that it must not extend beyond the harbour headline.
(iii) THAT Council authorize the General Manager
of Engineering Services and the Director of Legal Services to enter into an agreement with
Pacific Place permitting portions of the water area over City road to be used by Pacific
Place for restaurant use at a nominal fee.
(iv) THAT Council authorize the General Manager
of Engineering Services and the Director of Legal Services to enter into an agreement with
Pacific Place permitting Pacific Place's usage of the water area over a portion of City
road for marina use at a nominal fee.
C. THAT as an alternative to recommendations
B(i), B(ii), and B(iii) Council may wish to consider at Public Hearing:
(i) THAT a restaurant not be approved;
(ii) THAT the marina from Davie Street westward
not be approved noting that Pacific Place would not provide the floating public pier but
would provide the full length of the pier parallel to Marinaside Crescent; and
(iii) THAT portions of the water area over City
road be used by Pacific Place for restaurant use and that staff report back on market
rates to be charged to Pacific Place for such use.
POLICY REPORTS (CONT'D)
1088 Marinaside Crescent: Text Amendments for
Quayside, Area 4, and
Roundhouse, Area 2, of the False Creek North
Official Development Plan (cont'd)
D. THAT Council adopt the above Recommendations
on the following conditions:
(i) THAT the passage of the above resolution
creates no legal rights for the applicant or any other person, or obligation on the part
of the City; any expenditure of funds or incurring of costs is at the risk of the person
making the expenditure or incurring the cost;
(ii) THAT any approval that may be granted
following the Public Hearing shall not obligate the City to enact a by-law rezoning the
property, and any costs incurred in fulfilling requirements imposed as a condition of
rezoning are at the risk of the property owner; and
(iii) THAT the City and all its officials,
including the Approving Officer, shall not in any way be limited or directed in the
exercise of their authority or discretion, regardless of when they are called upon to
exercise such authority or discretion.
(Councillor Price absent for the
vote)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,
BY-LAWS
1. 6112-6138 Cambie Street - By-law No. 7995
Text Amendment By-law #8030
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first
time.
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. Daniel Lee,
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.
Cllrs. Chiavario, Clarke and
Sullivan excused from voting on By-law 1
BY-LAWS (CONT'D)
2. 6111 Cambie Street - By-law No. 8016 Text
Amendment By-law #8031
MOVED by Cllr. Bellamy
SECONDED by Cllr. Sullivan
THAT the By-law be introduced and read a first
time.
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. Bellamy,
SECONDED by Cllr. Sullivan,
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.
Cllrs. Chiavario and Clarke
excused from voting on By-law 2
BY-LAWS (CONT'D)
3. 3438 Vanness Avenue and 5108-5160 Joyce
Street -
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Bellamy,
THAT the By-law be introduced and read a first
time.
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. Sullivan,
SECONDED by Cllr. Bellamy,
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.
Cllrs. Chiavario and Clarke
excused from voting on By-law 3
BY-LAWS (CONT'D)
4. Zoning & Development By-law: Rezoning -
CD-1 to RT-5N
By-law #8033
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,
THAT the By-law be introduced and read a first
time.
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. Bellamy,
SECONDED by Cllr. Price,
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.
Cllrs. Puil and Sullivan
excused from voting on By-law 4
BY-LAWS (CONT'D)
5. Zoning & Development By-law: Rezoning -
RM-3 to CD-1
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Herbert,
THAT the By-law be introduced and read a first
time.
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. Kennedy,
SECONDED by Cllr. Herbert,
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.
Cllrs. Clarke, Price and Puil
excused from voting on By-law 5
BY-LAWS (CONT'D)
6. Zoning & Development By-law: 6475
Elliott Street (Clarendon Court) -
By-law #8035
MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,
THAT the By-law be introduced and read a first
time.
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. Herbert,
SECONDED by Cllr. Sullivan,
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.
Cllrs. Chiavario, Kennedy,
Price and Puil excused from voting on By-law 6
BY-LAWS (CONT'D)
7. Subdivision By-law - Addition of Portions
of China Creek Park
and Deletion of 976 W. 54th Avenue, both as a
Consequence of Rezoning
By-law #8036
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first
time.
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. Daniel Lee,
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.
MOTIONS
A. Lane Paving - Lane south of 11th Avenue
from the lane
east of Victoria Drive to Semlin Drive and the
lane
east of Victoria Drive from 11th Avenue to 12th
Avenue File: 5809
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a lane paving project in respect of a
lane south of 11th Avenue from the lane east of Victoria Drive to Semlin Drive and the
lane east of Victoria Drive from 11th Avenue to 12th Avenue (hereinafter called the
"project") was advanced as a local improvement on the initiative principle to a
Court of Revision on February 3, 1998 and was approved by Council on that date, to be paid
for in part by special assessment upon the real property to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on July 27, 1976, Council passed a
resolution approving the adoption of a standing policy in regard to the provision of
special relief, in certain circumstances, as follows:
"A. Council adopt a standing policy of
giving special relief as follows with respect to lane paving local improvements where
properties are used residentially but zoned for higher use:
1. the relief to be such that they pay only
one-half of the rate for their zoning;
2. the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
3. the relief to be given on a year-to-year basis
as long as the properties remain eligible;
4. the relief to commence with projects placed on
the Tax Roll in 1977.
B. The Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
MOTIONS (CONT'D)
Lane Paving - Lane south of 11th Avenue from
the lane
east of Victoria Drive to Semlin Drive and the
lane east of
Victoria Drive from 11th Avenue to 12th Avenue
(cont'd)
AND WHEREAS on November 9, 1982, Council passed a
further resolution supplementing the aforesaid policy as follows:
"That current special relief policies for
local improvements remain in effect except that property owners rates not be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
AND WHEREAS on April 25, 1989, Council passed a
resolution which amended portions of the earlier resolution as follows:
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2013;
AND WHEREAS Lot 23 of Lot C, Block 163, District
Lot 264A, Plan 4560 abuts the project and contains an owner-occupied single-family
dwelling;
AND WHEREAS the owner of the lot has applied for
special relief by way of a reduction in taxes;
MOTIONS (CONT'D)
Lane Paving - Lane south of 11th Avenue from
the lane
east of Victoria Drive to Semlin Drive and the
lane east of
Victoria Drive from 11th Avenue to 12th Avenue
(cont'd)
AND WHEREAS the lot is zoned RM-4N (Multiple
Dwelling District) under the Zoning and Development By-law;
AND WHEREAS the Collector of Taxes is satisfied
that the lot is eligible, under the provisions of the resolutions of Council cited herein,
for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on the lot for a period of fifteen (15) years if assessed as RM-4N
would be $154.46;
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that the lot is especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2013 of $96.70 and hereby directs the Collector of Taxes, so long as the
Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against
the lot the amount of the reduced special assessment. The difference between the said
amounts shall be provided out of the general funds of the City.
MOTIONS (CONT'D)
B. Pavement, Curbs and Trees - 5th Avenue from
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a pavement, curbs and trees project on
5th Avenue from Woodland Drive to Commercial Drive (hereinafter called the
"project") was advanced as a local improvement by petition to a Court of
Revision on February 3, 1998, and was approved by Council on that date to be paid for in
part by special assessment upon the real property to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on July 22, 1980, Council passed a
resolution which reads in part as follows:
"THAT Council approve Special Local
Improvement Relief to underdeveloped properties which front on pavement and curb
improvements as follows:
the relief to be such that the owners pay only
seventy-five percent of the rate for their zoning;
the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
the relief to be given on a year-to-year basis so
long as the properties remain eligible;
the relief to commence with ... projects placed
on the Tax Roll in 1980 for the first time;
the Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 5th Avenue from
Woodland Drive to Commercial Drive (cont'd)
AND WHEREAS on October 16, 1982, Council passed a
resolution which reads as follows:
"THAT current policies for local
improvements remain in effect except that property owners rates shall never be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2013;
AND WHEREAS The West 1/2 of Lot 64, Block 145,
District Lot 264A, Plans 222 and 1771 (hereinafter called "the lot") abuts the
project and contains an owner-occupied single family dwelling;
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 5th Avenue from
Woodland Drive to Commercial Drive (cont'd)
AND WHEREAS the owner of the lot has applied for
special relief by way of a reduction in taxes;
AND WHEREAS the lot is zoned RM-4 (Multiple
Dwelling District) under the Zoning and Development By-law;
AND WHEREAS the Collector of Taxes is satisfied
that the lot is eligible, under the provisions of the resolutions of Council cited herein,
for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on the lot for a period of fifteen (15) years if assessed as RM-4
(Multiple Residential District) would be $285.36;
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that the lot is especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2013 of $214.03 and hereby directs the Collector of Taxes, so long as the
Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against
the lot the amount of the reduced special assessment. The difference between the said
amounts shall be provided out of the general funds of the City.
MOTIONS (CONT'D)
C. Pavement, Curbs and Trees - McGill Street
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a beautification (pavement, curbs and
trees) project on McGill Street from Wall Street to Garden Drive (hereinafter called the
"project") was advanced as a local improvement on the initiative principle to a
Court of Revision on February 3, 1998, and was approved by Council on that date to be paid
for in part by special assessment upon the real property to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on June 17, 1975, Council passed a
resolution approving the adoption of a standing policy in regard to the provision of
special relief, in certain circumstances, as follows:
"A. Council adopt a standing policy of
giving special relief in 1975 and subsequent tax years on local improvement charges to
homes on flanking higher zoned lots:
1. so that they pay a rate according to their
zoning but with a residential level of flankage relief;
2. that the relief be limited to owner-occupied
single family dwellings, the ownership of which precedes the assessment of the local
improvement charges;
3. that the relief apply to local improvement for
pavements and curbs and for sidewalks;
4. that these properties need not be identified
as requiring this special relief at the Court of Revision.
MOTIONS (CONT'D)
Pavement, Curbs and Trees - McGill Street
from Wall Street to Garden Drive (cont'd)
B. That the Collector of Taxes be instructed to
bring forward, each year, a formal resolution for those properties eligible for
relief.";
AND WHEREAS on July 22, 1980, Council passed a
resolution which reads in part as follows:
"THAT Council approve Special Local
Improvement Relief to underdeveloped properties which front on pavement and curb
improvements as follows:
the relief to be such that the owners pay only
seventy-five percent of the rate for their zoning;
the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
the relief to be given on a year-to-year basis so
long as the properties remain eligible;
the relief to commence with ... projects placed
on the Tax Roll in 1980 for the first time;
the Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
AND WHEREAS on October 16, 1982, Council passed a
resolution which reads as follows:
"THAT current policies for local
improvements remain in effect except that property owners rates shall never be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
MOTIONS (CONT'D)
Pavement, Curbs and Trees - McGill Street
from Wall Street to Garden Drive (cont'd)
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
AND WHEREAS on April 25, 1989, Council passed a
resolution which amended portions of the earlier resolution as follows:
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2013;
AND WHEREAS Lot A of Lot 6, Block 7, District Lot
184, Plan 4809 (hereinafter called "lot A of 6") abuts the project as flankage
and contains a multiple conversion dwelling with two dwelling units one of which is
owner-occupied;
AND WHEREAS the Collector of Taxes is satisfied
that the lot is eligible, under the provisions of the resolutions of Council cited herein,
for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on the lot for a period of fifteen (15) years if assessed as RM-3A
(Multiple Residential District) would be $786.37;
MOTIONS (CONT'D)
Pavement, Curbs and Trees - McGill Street
from Wall Street to Garden Drive (cont'd)
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that the lot is especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2013 of $393.18 and hereby directs the Collector of Taxes, so long as the
Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against
the lot the amount of the reduced special assessment. The difference between the said
amounts shall be provided out of the general funds of the City.
D. Pavement, Curbs and Trees - 2nd Ave.
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Clarke,
WHEREAS a beautification (pavement, curbs and
trees) project on 2nd Avenue from Cotton Drive to Commercial Drive (hereinafter called the
"project") was advanced as a local improvement by petition to a Court of
Revision on June 16, 1998, and was approved by Council on that date to be paid for in part
by special assessment upon the real property to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on June 17, 1975, Council passed a
resolution approving the adoption of a standing policy in regard to the provision of
special relief, in certain circumstances, as follows:
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 2nd Ave.
from Cotton Drive to Commercial Drive (cont'd)
"A. Council adopt a standing policy of
giving special relief in 1975 and subsequent tax years on local improvement charges to
homes on flanking higher zoned lots:
1. so that they pay a rate according to their
zoning but with a residential level of flankage relief;
2. that the relief be limited to owner-occupied
single family dwellings, the ownership of which precedes the assessment of the local
improvement charges;
3. that the relief apply to local improvement for
pavements and curbs and for sidewalks;
4. that these properties need not be identified
as requiring this special relief at the Court of Revision.
B. That the Collector of Taxes be instructed to
bring forward, each year, a formal resolution for those properties eligible for
relief.";
AND WHEREAS on July 22, 1980, Council passed a
resolution which reads in part as follows:
"THAT Council approve Special Local
Improvement Relief to underdeveloped properties which front on pavement and curb
improvements as follows:
the relief to be such that the owners pay only
seventy-five percent of the rate for their zoning;
the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
the relief to be given on a year-to-year basis so
long as the properties remain eligible;
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 2nd Ave.
from Cotton Drive to Commercial Drive (cont'd)
the relief to commence with ... projects placed
on the Tax Roll in 1980 for the first time;
the Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
AND WHEREAS on October 16, 1982, Council passed a
resolution which reads as follows:
"THAT current policies for local
improvements remain in effect except that property owners rates shall never be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
AND WHEREAS on April 25, 1989, Council passed a
resolution which amended portions of the earlier resolution as follows:
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 2nd Ave.
from Cotton Drive to Commercial Drive (cont'd)
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2013;
AND WHEREAS Lot 15, Block 64, District Lot 264A,
Plans 1146 and 1771 (hereinafter called "lot 15"), abuts the project as flankage
and contains an owner-occupied single-family dwelling;
AND WHEREAS Lot A, Block 64, District Lot 264A,
Plan 7012 (hereinafter called "lot A") abuts the project and contains an
owner-occupied single-family dwelling;
AND WHEREAS Lot A (Reference Plan 35) of Lots 1
and 2, Block 73, District Lot 264A, Plans 391 and 1771 (hereinafter called "lot A of
1 & 2") abuts the project as flankage and contains a multiple conversion dwelling
with two dwelling units one of which is owner-occupied;
AND WHEREAS the owners of lot 15, lot A and lot A
of 1 & 2, hereinafter collectively called the "lots", have applied for
special relief by way of a reduction in taxes;
AND WHEREAS the lots are zoned RM-4 (Multiple
Dwelling District) under the Zoning and Development By-law;
AND WHEREAS the Collector of Taxes is satisfied
that the lots are eligible, under the provisions of the resolutions of Council cited
herein, for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on each lot for a period of fifteen (15) years if assessed as RM-4
(Multiple Residential District) would be $889.18 for lot 15, $371.25 for lot A and $592.80
for lot A of 1 & 2;
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 2nd Ave.
from Cotton Drive to Commercial Drive (cont'd)
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that each lot is especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2013 of $222.29 for lot 15, $278.42 for lot A and $296.40 for lot A of 1 & 2
and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the
lots remain eligible, to enter onto the Tax Rolls against the lots the amount of the
reduced special assessment. The difference between the said amounts shall be provided out
of the general funds of the City.
E. Lane Paving - Lane south of 44th Avenue
from St. George Street
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Clarke,
WHEREAS a lane paving project in respect of a
lane south of 44th Avenue from St. George Street to 132 feet west of the lane west of
Fraser Street (hereinafter called the "project") was advanced as a local
improvement by petition to a Court of Revision on February 3, 1998 and was approved by
Council on that date, to be paid for in part by special assessment upon the real property
to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on July 27, 1976, Council passed a
resolution approving the adoption of a standing policy in regard to the provision of
special relief, in certain circumstances, as follows:
MOTIONS (CONT'D)
Lane Paving - Lane south of 44th Avenue from
St. George Street
to 132 feet west of the lane west of Fraser
Street (cont'd)
"A. Council adopt a standing policy of
giving special relief as follows with respect to lane paving local improvements where
properties are used residentially but zoned for higher use:
1. the relief to be such that they pay only
one-half of the rate for their zoning;
2. the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
3. the relief to be given on a year-to-year basis
as long as the properties remain eligible;
4. the relief to commence with projects placed on
the Tax Roll in 1977.
B. The Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
AND WHEREAS on November 9, 1982, Council passed a
further resolution supplementing the aforesaid policy as follows:
"That current special relief policies for
local improvements remain in effect except that property owners rates not be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
MOTIONS (CONT'D)
Lane Paving - Lane south of 44th Avenue from
St. George Street
to 132 feet west of the lane west of Fraser
Street (cont'd)
AND WHEREAS on April 25, 1989, Council passed a
resolution which amended portions of the earlier resolution as follows:
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2013;
AND WHEREAS Lot 5, Block 3, District Lot 645,
Plan 2317 abuts the project and contains an owner-occupied single-family dwelling;
AND WHEREAS the owner of the lot has applied for
special relief by way of a reduction in taxes;
AND WHEREAS the lot is zoned RM-2 (Multiple
Dwelling District) under the Zoning and Development By-law;
AND WHEREAS the Collector of Taxes is satisfied
that the lot is eligible, under the provisions of the resolutions of Council cited herein,
for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on the lot for a period of fifteen (15) years if assessed as RM-2
(Multiple Residential District) would be $153.82;
MOTIONS (CONT'D)
Lane Paving - Lane south of 44th Avenue from
St. George Street
to 132 feet west of the lane west of Fraser
Street (cont'd)
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that the lot is especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2013 of $97.31 and hereby directs the Collector of Taxes, so long as the
Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against
the lot the amount of the reduced special assessment. The difference between the said
amounts shall be provided out of the general funds of the City.
F. Pavement, Curbs and Trees - 44th Avenue
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Clarke,
WHEREAS a pavement, curbs and trees project on
44th Avenue from St. George Street to Fraser Street (hereinafter called the
"project") was advanced as a local improvement by petition to a Court of
Revision on February 3, 1998 and was approved by Council on that date to be paid for in
part by special assessment upon the real property to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on July 22, 1980, Council passed a
resolution which reads in part as follows:
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 44th Avenue
from St. George Street to Fraser Street (cont'd)
"THAT Council approve Special Local Improvement
Relief to underdeveloped properties which front on pavement and curb improvements as
follows:
the relief to be such that the owners pay only
seventy-five percent of the rate for their zoning;
the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
the relief to be given on a year-to-year basis so
long as the properties remain eligible;
the relief to commence with ... projects placed
on the Tax Roll in 1980 for the first time;
the Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
AND WHEREAS on October 16, 1982, Council passed a
resolution which reads as follows:
"THAT current policies for local
improvements remain in effect except that property owners rates shall never be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 44th Avenue
from St. George Street to Fraser Street (cont'd)
AND WHEREAS on April 25, 1989, Council passed a
resolution which amended portions of the earlier resolution as follows:
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
AND WHEREAS on August 2, 1990, Council passed a
resolution extending the granting of special relief to property located at 2294 McLean
Drive to "other properties having similar conditions in future projects";
AND WHEREAS the special relief referred to and
approved by Council was based on the relief approved by Council on March 8, 1983 for local
improvements in the West End, such relief being as follows:
"(a) THAT Council approve the additional
special relief to owner-occupied multiple conversion dwellings having no more than four
suites including the owner's suites affected by the West End Improvement Project (east of
Denman), according to the relief formula set out in the City Manager's report dated
February 9, 1983";
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2013;
AND WHEREAS Lot 5, Block 3, District Lot 645,
Plan 2317 (hereinafter called "lot 5") abuts the project and contains an
owner-occupied single family dwelling;
AND WHEREAS Lots 31 and 46, both of Block 2,
District Lot 645, Plan 2317 (hereinafter called "lot 31" and "lot 46"
respectively) abut the project and each contains an owner-occupied single-family dwelling;
MOTIONS (CONT'D)
Pavement, Curbs and Trees - 44th Avenue
from St. George Street to Fraser Street (cont'd)
AND WHEREAS Lot 42, Block 2, District Lot 645,
Plan 2317 (hereinafter called "lot 42) abuts the project and contains a multiple
conversion dwelling with two dwelling units one of which is owner-occupied;
AND WHEREAS the owners of lots 5, 31, 42 and 46,
hereinafter collectively called the "lots", have applied for special relief by
way of a reduction in taxes;
AND WHEREAS the lots are zoned RM-2 (Multiple
Dwelling District) under the Zoning and Development By-law;
AND WHEREAS the Collector of Taxes is satisfied
that the lots are eligible, under the provisions of the resolutions of Council cited
herein, for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on the lots for a period of fifteen (15) years if assessed as RM-2
(Multiple Residential District) would be $395.20 for lot 5, $395.20 for lot 31, $395.19
for lot 42 and $392.80 for lot 46;
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that the lots are especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2013 of $296.39 for lot 5, $296.39 for lot 31, $329.32 for lot 42 and $294.60
for lot 46 and hereby directs the Collector of Taxes, so long as the Collector is
satisfied that the lots remain eligible, to enter onto the Tax Rolls against the lots the
amount of the reduced special assessment. The difference between the said amounts shall be
provided out of the general funds of the City.
MOTIONS (CONT'D)
G. Pavement, Curbs and Trees -
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Clarke,
WHEREAS a pavement, curbs and trees project on
Alberta Street from
5th Avenue to 6th Avenue (hereinafter called the
"project") was advanced as a local improvement by petition to a Court of
Revision on November 16, 1995, and was approved by Council on that date to be paid for in
part by special assessment upon the real property to be benefited thereby;
AND WHEREAS the project has now been certified by
the City Engineer as completed and the By-law assessing the benefitting properties for the
costs of the project has been passed;
AND WHEREAS on July 22, 1980, Council passed a
resolution which reads in part as follows:
"THAT Council approve Special Local
Improvement Relief to underdeveloped properties which front on pavement and curb
improvements as follows:
the relief to be such that the owners pay only
seventy-five percent of the rate for their zoning;
the relief to be limited to owner-occupied
single-family dwellings, the ownership of which precedes the assessment of the local
improvement;
the relief to be given on a year-to-year basis so
long as the properties remain eligible;
the relief to commence with ... projects placed
on the Tax Roll in 1980 for the first time;
the Collector of Taxes be instructed to bring
forward each year the list of properties in a formal resolution under Section 67 of By-law
3614 as amended, to give effect to this policy.";
MOTIONS (CONT'D)
Pavement, Curbs and Trees -
Alberta Street from 5th Avenue to 6th Avenue
(cont'd)
AND WHEREAS on October 16, 1982, Council passed a
resolution which reads as follows:
"THAT current policies for local
improvements remain in effect except that property owners rates shall never be adjusted
lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a
resolution which amended portions of the earlier resolutions as follows:
"THAT special relief applied to people
owning and occupying single-family dwellings in higher zoned areas, ownership of which
precedes the local improvement, as cited in Clause No. 2 of the City Manager's report
dated January 18, 1983, be amended such that ownership of property preceding the local
improvement is not a condition of relief.";
AND WHEREAS on April 25, 1989, Council passed a
resolution which amended portions of the earlier resolution as follows:
"B. THAT with respect to all qualifying
properties ... the reduction in taxes for 1989 and all succeeding years shall be for the
remainder of the term of the By-law imposing the local improvement tax unless a condition
set out in the resolution providing relief is no longer satisfied, in which case the
reduction in taxes shall no longer be available for the taxation year next following, and
Council's instruction to the Collector of Taxes regarding such reduced taxes shall become
null and void.";
AND WHEREAS the annual special rate levied by the
By-law imposing the local improvement tax expires in 2011;
AND WHEREAS Lot B of 1 & 2, Block 14,
District Lot 302, Plan 5832 (hereinafter called "the lot") abuts the project and
contains an owner-occupied single family dwelling;
AND WHEREAS the owner of the lot has applied for
special relief by way of a reduction in taxes;
MOTIONS (CONT'D)
Pavement, Curbs and Trees -
Alberta Street from 5th Avenue to 6th Avenue
(cont'd)
AND WHEREAS the lot is zoned I-1 (Industrial
District) under the Zoning and Development By-law;
AND WHEREAS the Collector of Taxes is satisfied
that the lot is eligible, under the provisions of the resolutions of Council cited herein,
for the relief requested;
AND WHEREAS a special annual assessment for the
said project imposed on the lot if assessed as I-1 (Industrial District) would be $447.99;
BE IT THEREFORE RESOLVED that for the foregoing
reasons Council, by not less than two-thirds of all its members, hereby deems and declares
that the lot is especially, inequitably or unjustly affected by such special assessment
and, having met the criteria required by the resolutions cited herein, shall be subject to
a reduced special assessment for the year 1999 and each subsequent year up to and
including 2011 of $335.99 and hereby directs the Collector of Taxes, so long as the
Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against
the lot the amount of the reduced special assessment. The difference between the said
amounts shall be provided out of the general funds of the City.
MOTIONS (CONT'D)
H. Approval of Form of Development - CD-1 -
6111 Cambie Street File: 2604
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Sullivan,
THAT the form of development for the CD-1 zoned
site known as 6111 Cambie Street be approved generally as illustrated in Development
Application No. DE403844 prepared by Eng & Wright Partners Architects, and stamped
"Received, City of Vancouver Planning Department, April 8, 1999", provided that
the Director of Planning may approve design changes which would not adversely affect
either the development character and livability of this site or adjacent properties.
ENQUIRIES AND OTHER MATTERS
1. Leave of Absence File: 1254
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Price,
THAT Councillor Daniel Lee be granted leave of
absence for the June 17, 1999 meeting of the Vancouver Liquor Licensing Commission.
2. Municipal Tax Notice File: 1551
Councillor Kennedy acknowledged the message that
staff had provided in this year's tax notice advising of the grant reduction from the
Province which has necessitated an increase in taxes.
ENQUIRIES AND OTHER MATTERS
(CONT'D)
3. Federation of Canadian Municipalities File:
3253
Councillor Kennedy explained that she and several
other Vancouver Councillors had just returned from the annual FCM Conference which, this
year, was held in Halifax. Unfortunately, many of the study tours were quite disorganized
which marred an otherwise informative event.
Councillor Puil indicated he would mention this
concern to the FCM administration.
4. Unsightly Premises File: 2701-1
Councillor Clarke referred to recent discussions
she had held with Property Use Inspectors about complaints received in relation to vacant
houses, that are very untidy-looking because the owners do not live in the City. The
complaints are difficult to deal with because the relevant bylaws do not address the
problems in a satisfactory way. The Councillor requested that because of the proliferation
of these premises, staff should conduct an investigation and review the bylaws with a view
to strengthening them.
The Mayor so agreed.
5. Unauthorized Signs on City Property File:
2851
Councillor Puil referred to the abundance of
unauthorized signs on City property and utility poles, requesting that the City consider
hiring a company to remove them. The Councillor urged citizens to be aware there is a
bylaw prohibiting this method of advertising.
Councillor Price indicated the City of Surrey is
looking at adopting a new bylaw to deal with this problem, which Vancouver should
investigate.
ENQUIRIES AND OTHER MATTERS
(CONT'D)
5. Motorcycle Noise File: 3755
Councillor Price referred to motorcycle noise as
a major source of complaints received by the City, with Harley Davidson products being the
worst offenders. This type of noise is not acceptable and Harley is not acting as a good
corporate citizen as long as it sanctions noise of this magnitude. The frustration
level from not being able to effectively deal with this problem is very high.
Councillor Chiavario explained that she regularly
attends meetings of the B.C. Coalition of Motorcycles, and understands that organization
is trying to change the culture with regard to this problem. The motorcycle industry has
not been responsive and the lack of testing facilities for this type of noise is an issue.
- - - - - -
ACKNOWLEDGEMENT - Summer Street Banner Program
File: 5766
Arrangements had been made for an unveiling of
the original artwork for the Summer Street Banner Program which will feature artist Rob
Wilson's designs. The Mayor acknowledged that 1999 is the 42nd year that banners will
beautify the City's streets with more than 800 banners flying over Georgia Street and the
Cambie and Burrard Bridges starting this week. Mr. Wilson and members of the Street
Decoration Committee, consisting of Barbara Shelley, Barry Downs and Henry Hawthorn were
recognized for their contributions.
- - - - -
The Council recessed at 4:05 p.m.,
and following a reception, reconvened
"In Camera" in the Mayor's Office.
* * * * *
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