CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES
COURT OF REVISION

February 15, 2000

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, February 15, 2000, at approximately 7:30 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:	Mayor Philip Owen Councillor Fred Bass Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan*
ABSENT:	Councillor Jennifer Clarke (Civic Business)
CITY CLERK'S OFFICE:	Denise Salmon, Meeting Coordinator

*denotes presence for portion of the meeting

MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,

THAT this Council resolve itself into a Court of Revision for the purpose of hearing complaints against the proposed assessments or the accuracy of frontage measurements, or any other complaint which persons interested may desire to make and which is by law cognizable by the Court, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

COURT OF REVISION

LOCAL IMPROVEMENTS

Projects by Petition
Court No. 592

Lane Lighting
Pavement, Curbs, Trees and Bulges - Local Residential
Lane Pavement - Local Residential
Speed Humps

Projects by Initiative
Court No. 593

Pavement, Curbs, Trees and Bulges - Higher Zoned
Pavement, Curbs, Trees and Bulges - Local Residential
Lane Pavement - Higher Zoned
Lane Pavement - Local Residential
Speed Humps
Pedestrian Collector Sidewalks
Sidewalk Reconstruction

Special Project by Petition
Court No. 594

Powell Street Decorative Street Lighting

Special Project by Initiative
Court No. 595

Powell Street Tree Lighting

Before Council was a report from the Collector of Taxes with respect to Local Improvement Court of Revision Numbers 592, 593, 594 and 595.

COURT NO. 592 - PROJECTS BY PETITION
FEBRUARY 15, 2000

The Collector of Taxes certified that the projects in this report have been requested by the majority of the assessed owners by means of a sufficiently signed petition.

In a further report dated February 15, 2000, the Collector of Taxes noted one late objection was received for Project 33, and a reballot was undertaken. The reballot resulted in the majority of the assessed owners in favour of the project with an 8.5 metre pavement width.

COURT NO. 593 - PROJECTS BY INITIATIVE
FEBRUARY 15, 2000

In the report from the Collector of Taxes, it was noted that Project 32 was objected to by at least one-half the owners of the properties who represent at least one-half the total value of all the properties on each project. Therefore, this project were defeated. In addition, it was also noted Projects 7, 10, 12, 13 and 19 have been withdrawn.

In a further report dated February 15, 2000, the Collector of Taxes noted late objections were received for Projects 14 and 29. There were insufficient signatures to defeat Projects 14 and 29, and they are therefore recommended to proceed.

COURT NO. 594 - SPECIAL PROJECT BY PETITION
FEBRUARY 15, 2000

The report from the Collector of Taxes certified that Project 1 has been requested by the majority of the assessed owners by means of a sufficiently signed petition, and is therefore recommended to proceed.

COURT NO. 595 - SPECIAL PROJECT BY INITIATIVE
FEBRUARY 15, 2000

The report from the Collector of Taxes certified that Project 1 was not objected to by at least more than one half (1/2) the owners of the properties who represent at least more than one half (1/2) the total value of all the properties on this project.

MOVED by Cllr. Louis,
SECONDED by Cllr. Puil,

THAT the report of the Special Assessment Roll for Court Nos. 592, 593, 594 and 595, submitted by the Collector of Taxes, dated February 15, 2000, be approved, with the corrections and changes noted herein.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

RISE FROM COURT OF REVISION

MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,

THAT the Court of Revision rise and report.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

COUNCIL

RECEIVE REPORT OF COURT OF REVISION

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Daniel Lee,

THAT the report of the Court of Revision be received.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

City Manager's Administrative Report
Local Improvements Subsequent Procedure
January 25, 2000

Prior to considering the recommendations in the Administrative Report dated January 25, 2000, the following delegations were heard and actions taken as follows:

COURT NO. 592 - PROJECTS BY PETITION

Project No. 592/03

Walter Williams registered support for the project, but did not speak.

MOVED by Cllr. Price,
SECONDED by Cllr. Kennedy,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/07

Mark Kolic registered support for the project, but did not speak.

MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/08

Kelvin Wong registered support for the project, but did not speak.

MOVED by Cllr. Puil,
SECONDED by Cllr. McCormick,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/09

Katharine Berger registered support for the project, but did not speak.

MOVED by Cllr. Puil,
SECONDED by Cllr. Louis,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/16

Jenny Au, Susan Chow, Po Hung Lam, Po Huang registered support for the project, but did not speak.

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Kennedy,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/19

Maria Gomez registered support for the project, but did not speak.

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/20

James Edmondson registered support for the project, but did not speak.

MOVED by Cllr. Puil,
SECONDED by Cllr. Daniel Lee,

THAT this project be approved.

-CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/21

Tom To registered support for the project, but did not speak.

MOVED by Cllr. McCormick,
SECONDED by Cllr. Kennedy,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/22

Kam Ip for Pauline Kwan registered support for the project, but did not speak.

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Bass,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/23

Jenny Au, Matthew Chiu for Ka Chiu, and Richard Simadri registered support for the project, but did not speak.

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Daniel Lee,

THAT this project be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

Project No. 592/26

Marija Rasic spoke against the project, noting the lane has never been a problem. Cesar Choy spoke in support of the project. Council members noted sufficient signatures had been received to proceed.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Don Lee,

THAT this project be approved

- CARRIED UNANIMOUSLY

Project No. 592/33

Paolo Almenta spoke in support of the project with a 10.5 metre pavement width. He submitted a petition (circulated and returned to Mr. Almenta) in support of the wider width, and two photographs of the subject street (returned to Mr. Almenta). Steven Bengtson, Eric Harms, and Karol Traviss spoke in support of the project with a 8.5 metre

width, noting the narrower width would increase safety and assist with traffic calming. Dean Sinnett, Virginia Downes, Bernadette Stringer, and Dave Litzenberger registered support for the project with an 8.5 metre pavement width, but did not speak.

Council members noted sufficient signatures had been received to proceed with the project with an 8.5 metre width pavement.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Don Lee,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/35

Ernst Leischner registered opposition to the cost of the project, but did not speak.

MOVED by Cllr. Sullivan ,
SECONDED by Cllr. Kennedy,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 594/36

Harnek Mann registered support for the project, but did not speak.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. McCormick,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/38

Judy Rhodes spoke in opposition to the project, and noted her property is the only commercial property in the area, and she would be responsible for 18% of the project's cost, which could impact the success of her business. Yogesh Bhathella registered support for the project, and noted the majority of resident owners favour the project, as it would improve safety and add to property values.

In response to questions from Council, Elizabeth Norris, Local Improvements Clerk, advised relief has already been calculated into Ms. Rhodes' portion of the cost.

MOVED by Cllr. Puil,
SECONDED by Cllr. Daniel Lee,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/42

Wayne Kwan and Lee-Sham Tang registered support for the project, but did not speak.

MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/45

Manuel Garcia registered support for the project, but did not speak.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Louis,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/47

Richard Younker (letter circulated and on file) spoke in opposition to the project and requested special relief. He referred to Section 508(g) of the Vancouver Charter, and noted he does not use his back lane and therefore does not benefit equally. Richard Cheng registered support for the project, and noted paving of the back lane will address problem pot holes created by garbage trucks. Steven Simonyi-Gindele also spoke in support of the project, and noted the paving will eliminate dirt and dust accumulation in residents' back yards and garages.

Elizabeth Norris, Local Improvements Clerk, advised Section 508g of the Vancouver Charter generally relates to triangular, shallow, or unusual shaped lots.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. McCormick,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/50

Elizabeth Norris, Local Improvements Clerk, advised Linda Moy had voted in favour of the project on the original petition, and has now withdrawn her support. Ms. Moy also registered her opposition to the project. Accordingly, this petition now has insufficient signatures to pass.

Tom To registered his support for the project, and enquired as to next steps in the process. Peter Bremner, Engineering Department, advised the City will take on reballoting and send letters, with a return envelope, to all eligible residents. Results will be tabulated for report back to Council.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Bass,

THAT this project be reballoted.

- CARRIED UNANIMOUSLY

Project No. 592/51

Jenny Au, Po Hung Lam, Matthew Chiu for Ka Chiu, Po Huang, Richard Simadri, and Susan Chow registered support for the project, but did not speak.

MOVED by Cllr. Puil,
SECONDED by Cllr. Sullivan,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/52

Osborne Shaw (letter circulated and on file) spoke in opposition to the project, and circulated comments from E.L. Hooper and Marion Stone, also opposed to the project. Mr. Shaw expressed concern related to run-off caused by over-paving, and its environmental impacts, and was against sharing of costs to rectify problems created by others.

Council members noted the project had received the required signatures to pass, but did recognize issues related to lane paving. Mr. Peter Bremner, Engineering Services, advised a detailed design will be prepared as part of the paving process, to help address issues noted by Mr. Shaw.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Puil,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 592/54

Elizabeth Norris, Local Improvements Clerk, advised David Graham had voted in favour of the project on the original petition, and has now withdrawn his support. Mr. Graham also registered his opposition to the project, as did Michael Ernest, both of whom did not speak. Accordingly, this petition now has insufficient signatures to pass. Ms. Norris recommended a reballot.

MOVED by Cllr. Puil,
SECONDED by Cllr. Louis,

THAT this project be reballoted.

- CARRIED UNANIMOUSLY

Project No. 592/55

Margaret Lee spoke in support of the project, and requested Council examine the need for non-permanent traffic calming measures currently in place in Mt. Pleasant, as residents find it difficult to navigate through their neighbourhood.

Peter Bremner advised a report back on the temporary measures is currently being prepared for Council. Staff will take into consideration points raised by Ms. Lee.

MOVED by Cllr. Puil,
SECONDED by Cllr. Bass,

THAT this project be approved.

- CARRIED UNANIMOUSLY

COURT NO. 593 - PROJECTS BY INITIATIVE

Project No. 593/001

Barry Kootchin spoke in support of the project. Ed Wilkerson, on behalf of Sam Buonassisi, spoke in favour of the curbs and bulges, but was opposed to the pavement portion, which would decrease parking adjacent Mr. Buonassisi's business. Peter Stewart spoke in support of the project, with a request for traffic circles at the intersection of Graveley and Cotton to address safety concerns related to truck traffic.

Engineering staff advised this matter would be referred to the Neighbourhood Transportation Branch to determine if a traffic circle is warranted due to safety issues; if not, circles could be petitioned for by local improvement.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Bass,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 593/006

Chris Nicolls, Director of Finance and Administration, St. George's School, spoke in opposition to the project. While he favoured the improvements, the method of assessment could not be supported. He requested Council either not proceed with the project or grant flankage relief. Mr. Nicolls noted the school was being asked to pay 80% of the property assessment because the school land is over 20,000 square feet.

Engineering staff advised no relief was available in this situation. Some Council members noted the anomaly; however correct procedure was followed on this initiative.

MOVED by Cllr. Puil,
SECONDED by Cllr. Sullivan,

THAT this project not be approved.

- CARRIED

(Councillors Bass and Louis opposed)

Project No. 593/011

Elizabeth Norris, Local Improvements Clerk, drew to Council's attention a letter received from Margo Dunn in opposition to this project. Ms. Norris advised the two additional letters of opposition referred to in Ms. Dunn's letter had not been received, although it was also noted this would only bring objections to 10; 36 are required.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Puil,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 593/017

Linda Jones (photographs circulated and on file), David Summers, Nicola James (correspondence circulated and on file), and Colin Campbell for David Conlin spoke in opposition to the project. They noted the lane is at present safe, as it slows traffic to an acceptable rate; if paved, traffic speed would increase and negatively impact the safety of children who attend nearby Montessori and General Gordon elementary schools. Ms. Jones also noted the high percentage of absentee owners who could not be petitioned and did not have an opportunity to object.

Daniela Salmen (owner of two properties) spoke in support of the project, and suggested rerouting children who attend the nearby schools to avoid safety issues. Ms. Salmen also noted some of those who spoke in opposition were not property owners, and the project had not received sufficient objections to not proceed with the project.

A number of Council members voiced concerns with child safety issues. Peter Bremner, Engineering Services, advised any safety concerns could be forwarded to the school's safety liaison group.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Daniel Lee,

THAT this project be approved.

- LOST

(Councillors Bass, Louis, McCormick, Price, Puil and Mayor Owen opposed)

Project No. 593/21

Piotr Lutynski registered support for the project, but did not speak.

MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 593/34

Elizabeth Norris, Local Improvements Clerk, advised Appendix I sets out a reduction in scope for sidewalk on the north side of 45th Avenue from the original St. Catherines to Ross Street to the revised Windsor to Ross Street.

Project No. 593/36

Ed Wilkerson, on behalf of Sam Buonassisi, spoke in opposition to the project, and noted the loss of six parking spaces will negatively impact Mr. Buonassisi's business, located in an area already short on parking. Mr. Buonassisi, while in favour of the beautification, also spoke against the loss of parking.

Council members noted the need to retain parking access, and requested staff investigate options to provide such access to Mr. Buonassisi's business.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Bass,

THAT this project be approved, subject to Engineering Services staff investigating options to provide Mr. Buonassisi with parking access to his business.

- CARRIED UNANIMOUSLY

COURT NO. 594 - SPECIAL PROJECT BY PETITION

Project No. 594/001

Hugh Maddin and Todd Allan registered support for the project, but did not speak.

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Bass,

THAT this project be approved.

- CARRIED UNANIMOUSLY

COURT NO. 595 - SPECIAL PROJECT BY INITIATIVE

Project No. 595/001

Paul Ardagh spoke in opposition to the project, and noted he was not opposed to the installation of decorative street lighting, but rather to the annual operating costs. Mr. Ardagh suggested the existing agreement with the City and Gastown BIA for cost sharing could include the Powell Street Decorative Street Lighting project, at substantially less cost. Todd Allen, the petitioner for the project, and Hugh Maddin, agreed with Mr. Ardagh's proposal.

Tom Hammel, Engineering Services, agreed to investigate options available through the Gastown BIA to accommodate Mr. Ardagh's proposal.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Bass,

THAT Engineering Services staff be requested to work with the Gastown Business Improvement Association to investigate options for funding the Powell Street Decorative Street Lighting through the Gastown BIA.

- CARRIED UNANIMOUSLY

Council then considered the Administrative Report dated January 25, 2000.

MOVED by Cllr. Sullivan,
SECONDED by Cllr. McCormick,

THAT Recommendations A and B of the General Manager of Engineering Services, as contained in the Administrative Report dated January 25, 2000, and quoted below, be approved, taking into account the specific actions taken this day:

A. THAT the projects "by petition" in Court #592 and Court #594 be approved.

B. THAT projects by "Initiative Principle" in Court #593 and Court #595 be approved except for the defeated item and special items #10, #12, #13 and #19 as explained in this report.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 10:17 p.m.

* * * * *

(c) 1998 City of Vancouver