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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JANUARY 11, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, January 11, 2001, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	Councillor Lynne Kennedy, Chair Mayor Philip Owen Councillor Fred Bass Councillor Jennifer Clarke Councillor Daniel Lee Councillor Don Lee, Vice-Chair Councillor Tim Louis Councillor Sandy McCormick *Councillor Gordon Price *Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

*Denotes presence for a portion of the meeting.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meetings of December 7 and 14, 2000, were adopted.

RECOMMENDATION

1. Warning to Prospective Purchasers of 479 East 43rd Avenue File: 2701

The Committee had before it an Administrative Report dated December 12, 2000, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 479 East 43rd Avenue to warn prospective purchasers of infractions of the Zoning and Development and Vancouver Building By-laws in relation to this property. It was also recommended that the Director of Legal Services be authorized to commence legal action, if, in her opinion, it is necessary to do so. The General Manager of Community Services supported the recommendations.

Peter Sweeney, Manager, Building Inspection, provided an overview of the Administrative Report, noting the property owner has since made enquiries, but has not yet applied for the necessary permits.

Prudence Christensen, property owner, stated she was not aware initially that the work carried out on the exterior and interior of the building required permits, and requested additional time to enable her to resolve the matter before a notice is put on the property title.

Mr. Sweeney responded to questions concerning the nature of the alterations undertaken on the property, costs of required permits, and possible length of time required to process the permits. Council members noted that a 336D notice can be removed as soon as outstanding permits have been obtained.

The following motion by Councillor Louis was put.

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 479 East 43rd Avenue (Lot C, District Lot 642, Plan 3006) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 479 East 43rd Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

- carried unanimously

The following motion by Councillor McCormick was put and lost.

THAT the foregoing motion be postponed for two weeks, to allow the property owner time to resolve the matter.

- LOST

(Councillors Bass, Clarke, Kennedy, Daniel Lee, Don Lee,
Louis, Price, Puil, Sullivan and the Mayor opposed)

The motion to postpone having lost, Councillor Louis' motion was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 479 East 43rd Avenue (Lot C, District Lot 642, Plan 3006) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 479 East 43rd Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

- CARRIED UNANIMOUSLY

2. Demolition of Nuisance/Dangerous Building at 5727 Kerr Street File: 2701

The Committee had before it an Administrative Report dated December 4, 2000, in which the City Building Inspector recommended that the building at 5727 Kerr Street be declared a nuisance and order the owner to demolish the building, remove all demolition debris and provide a chain-link fence around the perimeter of the property to prevent trespassing and dumping. In addition it is recommended a 336D Notice be filed against the title to the property to warn prospective purchasers of Council's Resolution. The General Manager of Community Services supported the recommendations.

Peter Sweeney, Manager, Building Inspection, introduced Ed Neufeld, District Building Inspector, who, with the aid of photographs, reviewed the condition of the property. Mr. Sweeney, Mr. Neufeld, and Sy Jung, Inspector, responded to questions concerning the owner of the property, and the process and expected timeline for carrying out the demolition.

The following motion by Councillor Louis was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council declare that the building and site at 5727 Kerr Street (Lot 67 Block 15 District Lot 50 Plan 3081 PID 013-205-277) are a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated December 12, 2000, and order the Registered owner of the property to demolish the building, remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the property within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the work outlined in paragraph B above carried out at the expense of the owner.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 5727 Kerr Street, in order to warn any prospective purchasers that as a result of the condition of the building and Council’s Resolution, the purchaser could suffer a significant expense if the order of Council were enforced against him.

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

3. Demolition of Nuisance/Dangerous Building at

2376 Cambridge Street File: 2701

The Committee had before it an Administrative Report dated December 18, 2000, in which the City Building Inspector recommended Council declare the building and site at 2376 Cambridge Street a nuisance and order the owner to demolish the building, remove all demolition debris and provide a chain-link fence around the perimeter of the property to prevent trespass and dumping. It was also recommended a 336D Notice be filed against the title to the property to warn prospective purchasers of Council's Resolution. The General Manager of Community Services supported the recommendations.

Peter Sweeney, Manager, Building Inspection, noted staff were on site last week and came into contact with a demolition contractor, which may mean the owner is preparing to demolish the building on his own initiative. Ray Mariani, Inspector, with the aid of photographs, reviewed the condition of the subject property.

The following motion by Councillor Clarke was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council declare that the building and site at 2376 Cambridge Street (Lot 5 Block 13 District Lot 184 Plan 178 PID 015-692-337) are a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated December 4, 2000, and order the Registered owner of the property to demolish the building, remove the resulting demolition debris and discarded materials from the site and provide a chain-link fence around the perimeter of the property within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the work outlined in paragraph B above carried out at the expense of the owner.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 2376 Cambridge Street, in order to warn any prospective purchasers that as a result of the condition of the building and Council’s Resolution, the purchaser could suffer a significant expense if the order of Council were enforced against him.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

4. 620 West Pender Street, 477633 B.C. Ltd. (Piccadilly Hotel)

Change of Hours in Class 'A' Pub File: 2612-11

The Committee had before it an Administrative Report dated December 6, 2000, in which the Chief License Inspector recommended Council not endorse the request by 477633 B.C. Ltd. for a change in hours of operation at the Piccadilly Hotel, 620 West Pender Street. The General Manager of Community Services supported the recommendation.

Guy Gusdal, License Coordinator, reviewed the Administrative Report and noted staff acknowledge the fact that a change in hours would bring the hotel pub's operating hours in line with other hotel bars in the area; however, as there are Police concerns with the operation of the hotel and pub, staff are not recommending approval of a change in hours at this time.

Inspector Dave Jones, Vancouver Police Department, reviewed department concerns with respect to the application. He further noted that the Police Department is currently past capacity on Thursday, Friday and Saturday nights with respect to dealing with licensed establishments, often leaving them unable to respond to other calls.

Rick Erdman, HOST Consulting, Agent for the Applicant, and Brent Shaw, Applicant, spoke in support of their application for a change in hours of operation, and comments made include the following:

· operational problems have been in relation with the hotel rooms, not the pub;
· DERA has expressed an interest in negotiating a contract to manage the rooms (Letter dated January 8, 2001, from Terry Hanley, Executive Officer, DERA was distributed and is on file);
· applicant has made efforts to eliminate problems, including hiring a night manager for the rooms, and ensuring the register is kept up;

· applicant has been receiving temporary, one month approvals for extensions of his liquor license to 1:00 a.m. on Friday and Saturday nights;
· applicant is willing to hire a sound engineer to mitigate any noise impacts on the first level of the hotel;
· many problems with regard to the running of the hotel occurred as a result of the management by a previous management company, who are no longer managing the rooms.

Paul Teichroeb, Chief License Inspector, responded to a question regarding the license of the previous hotel management company. Inspector Jones responded to questions concerning recent incidents in relation to the licensed premises and hotel which have caused the Police Department concern, and the Department's involvement in trying to help resolve the situation.

A Council member expressed concern with regard to Inspector Jones' comments regarding the Police force being past their capacity to deal with all of the licensed establishments in the downtown core.

The following motion by Councillor Louis was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council advise the Liquor Control and Licensing Branch it does not support the application by 477633 BC Ltd., for a change of hours to 11:00 a.m. until 1:00 a.m. Monday to Saturday and 11:00 a.m. until 12:00 midnight on Sunday in the Class ‘A’ Pub at the Piccadilly Hotel, 620 West Pender Street.

- CARRIED UNANIMOUSLY

5. 375 Water Street - Off-Premise Sales in Class 'D' Brew Pub

The Quarterdeck Brewery Co. Ltd. File: 2615-21

The Committee had before it an Administrative Report dated December 12, 2000, in which the Chief License Inspector reviewed the request by the Quarterdeck Brewery Co. for off-premise sales in the Class 'D' Brew Pub at 375 Water Street, and submitted the choice of either endorsing, or not endorsing, the request.

Guy Gusdal, License Coordinator, reviewed the Administrative Report, and noted staff were generally supportive of the request for off-premise sales, although it is contrary to the current moratorium policy for the Gastown area and the Police Department has some concerns in this regard.

Inspector Dave Jones, Vancouver Police Department, responded to questions regarding the Department's general concerns with off-premise sales.

Eli Gershkovitch, Quarterdeck Brewery Co., spoke in support of his application for off-premise sales, noting the moratorium is in place more to address problems in the downtown eastside. He further noted that pub staff would not provide off-premise sales to customers whom they would not serve in the pub or restaurant.

Leonore Sali, Gastown Business Improvement Society, spoke in favour of the application by the Quarterdeck Brewery Co., noting the applicant is a good operator and the pub an asset to the community.

In response to a Council member's recommendation that the approval for off-premise sales be time limited, Mr. Gusdal noted that there are provisions in the legal agreement to take appropriate actions if, during the normal monitoring process, problems arise as a result of the off-premise sales.

The following motion by Councillor Clarke was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council endorse the request by the Quarterdeck Brewery Co. Ltd., for off-premise sales in the Class ‘D’ Brew Pub at Steamworks, 375 Water Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to:

i) A Legal Agreement

ii) The signing of a Good Neighbour Agreement

- CARRIED UNANIMOUSLY

6. Operating Funding for the City of Vancouver Heritage

Conservation Foundation (Operating as the
Vancouver Heritage Foundation, VHF) File: 5054

The Committee had before it an Administrative Report dated January 2, 2001, in which the Executive Director of the Vancouver Heritage Foundation provided information on the activities of the Vancouver Heritage Foundation, and requested Council support for a funding grant for 2001.

Diane Switzer, Executive Director, Vancouver Heritage Foundation, (materials distributed - on file) provided an overview of the activities of the foundation, as outlined in the Administrative Report. Ms. Switzer noted the Foundation's mandate fills a gap that is not being filled by other heritage groups in the city.

The following spoke in favour of the recommendation for a 2001 funding grant and their comments are summarized below:

· Joost Bakker, Chair, Vancouver Heritage Foundation Board
· Dale McClanaghan, Treasurer, Vancouver Heritage Foundation Board
· Robert Lemon, Executive Committee Member, Vancouver Heritage Foundation

· Foundation volunteers are very committed and qualified and provide a wide diversity of skills;
· partnerships play a key role; Foundation has actively sought corporate partners, such as Benjamin Moore, sponsor of the “True Colours” program;
· Foundation plays an important role in educating and informing the public; the largest initiative in this regard is the Heritage and Antiques Fair;
· in tackling the issue of fundraising, it is very difficult for a start-up operation to fund-raise for its core operating budget. Any new organization must first raise public awareness and demonstrate the benefits it can provide to the community; the Foundation has fulfilled its mandate in this regard, for instance the Vancouver Sun will this year be publishing the Fair's program and an editorial on the event;
· the Fair provides an opportunity for fundraising, and is expected to bring in higher returns than last year;
· the future goal for the Foundation is not to be dependent on the City for funding.

Ann McAfee, Director of City Plans, and Judy Rogers, City Manager, responded to questions regarding grants, the Heritage Conservation Reserve funds, and the Demolition Fee Reserve, from which the original operating funds for the Foundation had been allocated. A Council member suggested that during preparation of the report back on the long-term funding for the Foundation, staff take into consideration the amount of capital in the interest bearing Heritage Conservation Reserve account.

A Council member expressed concern with approving a funding grant recommendation that is being presented by the grant recipients rather than City departmental staff.

The following motion by Councillor Puil was put.

A. THAT Council approve a Grant of $100,000 to the Vancouver Heritage Foundation, with funding approval in advance of the 2001 operating budget.

B. THAT staff report back on a source of revenue for the long term financing of the Vancouver Heritage Foundation.

- carried

The following motion by Councillor Sullivan was put and lost.

THAT this matter be referred to Social Planning staff to review the amount and rationale used for the grant request, for report back.

- LOST

(Councillors Clarke, Kennedy, Daniel Lee, Don Lee, Louis, McCormick,
Price, Puil and the Mayor opposed)

The motion to refer having lost, Councillor Puil's motion was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council approve a Grant of $100,000 to the Vancouver Heritage Foundation, with funding approval in advance of the 2001 operating budget.

B. THAT staff report back on a source of revenue for the long term financing of the Vancouver Heritage Foundation.

- CARRIED

(Councillor Sullivan opposed)

The Committee adjourned at 4:22 p.m.

- - - - -

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JANUARY 11, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, January 11, 2001, at 4:22 p.m. in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:	Mayor Philip Owen Councillor Fred Bass Councillor Jennifer Clarke Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
January 11, 2001

Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:

Cl.1: Warning to Prospective Purchasers of 479 East 43rd Avenue
Cl.2: Demolition of Nuisance/Dangerous Building at 5727 Kerr Street
Cl.3: Demolition of Nuisance/Dangerous Building at 2376 Cambridge Street
Cl.4: 620 West Pender Street, 477633 B.C. Ltd. (Piccadilly Hotel)

Change in Hours in Class 'A' Pub

Cl.5: 375 Water Street - Off-Premise Sales in Class 'D' Brew Pub

The Quarterdeck Brewery Co. Ltd.

Cl.6: Operating Funding for the City of Vancouver Heritage Conservation Foundation (Operating as the Vancouver Heritage Foundation, VHF)

Clauses 1-5

MOVED by Cllr. Kennedy,

THAT the recommendations of the Committee, as contained in Clauses 1-5 of this report, be approved.

- CARRIED UNANIMOUSLY

Clause 6

MOVED by Cllr. Kennedy,

THAT the recommendations of the Committee, as contained in Clause 6 of this report, be approved.

- CARRIED BY THE
REQUIRED MAJORITY

(Councillor Sullivan opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Puil,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Vancouver's Drug Strategy Paper "A Framework for Action"
File: 4113

A Council member requested information on recent meetings regarding the City's paper on drug problems in the City of Vancouver, entitled "A Framework for Action -A Four Pillar Approach to Drug Problems in Vancouver".

During discussion, Council members requested they be provided with information regarding meetings which have already taken place as well as a list of all upcoming meetings and public forums. Members also requested clarification on a number of items, including the ways in which the public may provide feedback, an overview of the issues, and clarification of Council's authority in this regard. Information regarding a number of Vancouver/Richmond Health Board applications was also requested to enable members to differentiate them from the City's proposed initiatives.

Judy Rogers, City Manager, responded to questions on this matter and agreed to provide Council members with the requested information.

The Council adjourned at 4:42 p.m.

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(c) 1998 City of Vancouver