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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
February 20, 2001
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, February 20, 2001, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
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 SullivanCITY MANAGER'S
OFFICE:Judy Rogers, City Manager CITY CLERK'S
OFFICE:Ulli S. Watkiss, City Clerk
Tarja Tuominen, Meeting Coordinator
*Denotes presence for a portion of the meeting.
PRAYER
The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.
"IN CAMERA" MEETING
MOVED by Cllr. Louis,
SECONDED by Cllr. Don Lee,
THAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2 of the Vancouver Charter, to discuss matters related to paragraphs:
(d) the security of property of the City;
(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure might reasonably be expected to harm the interests of the city;
(f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
- CARRIED UNANIMOUSLY
ADOPTION OF MINUTES
1. Regular Council - January 9, 2001
MOVED by Cllr. Louis,
SECONDED by Cllr. Sullivan,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
2. Special Council (Public Hearing) - January 25, 2001
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
3. Regular Council - February 13, 2001
MOVED by Cllr. Louis,
SECONDED by Cllr. McCormick,
THAT the foregoing Minutes be approved.
- CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Sullivan,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
- CARRIED UNANIMOUSLY
REPORT REFERENCE
1. (a) VanMap for the Public
January 22, 2001 File: 1189/RTS: 1705
(b) Community Web Pages
February 13, 2001 File: 1188/RTS: 1860Council received the following presentations:
… Jonathan Mark, Project Manager, GIS, described VanMap, which is a web-based viewer of geographic data. VanMap was delivered to staff as part of the City's implementation of a suite of spatially-based business applications. It is anticipated VanMap will be released to the public in early May 2001 to improve communication and data sharing with the public.
… Michael White, Planner, Vision Implementation, and Connie Zelter, Systems Analyst, Information Technology, updated Council on the City's Community Web Page project. The Community Web Pages provide current information on City programs, projects, services and events. They also provide links to various community organizations and allow the public to post community events. Mr. White also advised of an award given by the Municipal Information Systems Association of B.C. to the City of Vancouver for the Community Web Pages.MOVED by Cllr. Bass,
A. THAT Council authorize staff to make VanMap accessible over the Internet to the public in their homes and offices with certain data limitations to address Freedom of Information and Protection of Privacy and risk issues.
B. THAT Council approve funding for completion of the Community Web Page project, including $46,000 in the 2001 Operating Budget and $30,000 ongoing thereafter, with the source of funds to be taken from annual Operating Budgets.
- CARRIED UNANIMOUSLY
CITY MANAGER'S ADMINISTRATIVE REPORTS
At 2:55 p.m., Councillor Kennedy declared Conflict of Interest for Administrative Report 1, as her husband is the applicant. She left the Council Chamber and did not return until the conclusion of the vote on the report.
1. Payment-in-Lieu of Parking Application - 1286 Homer Street
January 30, 2001 File: 5655/RTS: 1882
MOVED by Cllr. Louis,
A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $27,000 by 1280 Enterprises Ltd. for the waiver of 2 parking spaces required by Section 4.1.2 of the Parking By-law; andB. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.
- CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)
At 2:58 p.m., Councillor Kennedy returned to the Council Chamber.
2. Proposed Closure of a Portion of West 41st Avenue - 2060 West 41st Avenue
February 2, 2001 File: 5753/RTS: 1895
MOVED by Cllr. Puil,
A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Mike E. Shaw, B.C.L.S., on January 22, 2001, marginally numbered 30298-45, defining the horizontal limits of the encroachments onto West 41st Avenue (a reduced copy of which is attached as Appendix "A" to the Administrative Report, dated February 2, 2001), by the building at 2060 West 41st Avenue and apply to raise a title to the portion of West 41st Avenue defined on the said Reference Plan, in the name of the City of Vancouver.
B. THAT all that volumetric portion of West 41st Avenue included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 22nd day of January, 2001 by Mike E. Shaw, B.C.L.S., and marginally numbered 30298-45-A, a reduced copy of which is attached as Appendix "B" to the Administrative Report, dated February 2, 2001, be closed, stopped-up and that an easement be granted to the owner of abutting Lot 1 of Lot 4, Block 15, District Lot 526, Plan LMP 42396, to contain the portions of the existing building which encroach onto West 41st Avenue. The easement to be for thelife of the encroaching portions of the existing building on Lot 1, and to be to the satisfaction of the Director of Legal Services.
C. THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.
- CARRIED UNANIMOUSLY
3. Amendment to Vancouver Development Cost Levy By-law No. 8149: Definition of "industrial zone"
February 7, 2001 File: 113/RTS: 1897
MOVED by Cllr. Clarke,
THAT the Vancouver Development Cost Levy (DCL) By-law No. 8149 be amended to include the area zoned Still Creek CD-1 (249) as an industrial zone for the purposes of that by-law.
- CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)
4. Milross Avenue, a New Public Street Name
February 8, 2001 File: 5526/RTS: 1902
MOVED by Cllr. Kennedy,
A. THAT a new public street, lying north of National Avenue and running east-west between Main Street and Quebec Street, be named Milross Avenue.B. THAT the Director of Legal Services be instructed to bring forward the appropriate amendments to the Street Name By-Law.
- CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)
5. Grant Allocations of Year 2001 - Community Safety Funding Program
February 8, 2001 File: 2201/RTS: 1847
MOVED by Cllr. Puil,
THAT Council approve 19 grants totaling $300,000, for crime prevention and community safety activities as listed in Appendix A of the Administrative Report, datedFebruary 8, 2001, including conditions on the grants, with cost to be shared on a 50/50 basis between the City and the Province. The source of funds for the City's portion to be the 2001 Other Grants Budget, to be approved in advance of approval of the 2001 Operating Budget.
- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY6. Fuel Systems Funding
February 9, 2001 File: 5801/RTS: 1750
MOVED by Cllr. Louis,
A. THAT Council approve funding of $200,000 for the purchase and installation of automatic tank level sensing equipment and environmental upgrades for the Manitoba fuel station as required to meet Fire By-law regulations; source of funding to be a loan from the Capital Financing Fund on terms acceptable to the Director of Finance, to be repaid over a five year period.B. THAT Council authorize the Park Board to transfer up to $115,000 from existing capital accounts for the installation of new fuel management system equipment at four Park Board fuelling locations as required to enable the Park Board to continue to be a part of the corporate fuel operation.
C. THAT Council approve funding of $500,000 for the purchase and installation of vehicle hardware and additional fuel station hardware for the cardless automated fuel management system; $450,000 in funding to be provided from the Truck Plant Account and capitalized against vehicle outfitting costs, and $50,000 in funding to be provided from a loan from the Capital Financing Fund on terms acceptable to the Director of Finance, both to be repaid by savings from the new fuel management system.
- CARRIED UNANIMOUSLY
-----
CIVIC RECOGNITION
At this point in the proceedings, the Mayor and Council recognized 13 employees who recently retired from the City with varying lengths of service.
The Mayor presented each employee with a Certificate on behalf of the City, and thanked them for their long and faithful service.
-----
7. Symphony of Fire
February 13, 2001 File: 4206/RTS: 1901
MOVED by Cllr. Kennedy,
A. THAT Council deem a summer fireworks event similar to the Symphony of Fire to be a civic event, and cover direct City costs, on condition that private sponsors be secured to fund the rest of the event.B. THAT a not-for-profit society be established to secure corporate sponsorship and organize the production of a summer fireworks event; and that the structure and composition of that Society be satisfactory to the Director of Legal Service and the City Manager.
C. THAT staff report back on the final details and cost estimates to provide city services for the event for inclusion in the 2001 operating budget.
- amended
AMENDMENT MOVED by Cllr. Puil,
THAT Recommendation C be amended to add at the end: and further, that staff identify all possible sources of funds to cover the direct city costs, including the Tourism Association with the hotel tax.
- CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)
AMENDMENT MOVED by Cllr. Bass,
THAT Recommendation B be amended by adding at the end: "further that the not-for-profit society report back to Council before approving sponsors".
- LOST
(Councillors Clarke, Kennedy, Don Lee, McCormick, Price,
and the Mayor opposed)
(Councillor Sullivan absent for the vote)MOTION AS AMENDED:
A. THAT Council deem a summer fireworks event similar to the Symphony of Fire to be a civic event, and cover direct City costs, on condition that private sponsors be secured to fund the rest of the event.
B. THAT a not-for-profit society be established to secure corporate sponsorship and organize the production of a summer fireworks event; and that the structure and composition of that Society be satisfactory to the Director of Legal Service and the City Manager.
C. THAT staff report back on the final details and cost estimates to provide city services for the event for inclusion in the 2001 operating budget, and further that staff identify all possible sources of funds to cover the direct City costs, including the Tourism Association with the hotel tax.
- CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)
-----
The Council recessed at 4:30 p.m. and following a reception in honour of the retirees,
reconvened in open session at 4:50 p.m. with all members present.-----
CITY MANAGER'S POLICY REPORTS
1. Update on Electoral Area "A" Initiatives
February 5, 2001 File: 8026/RTS: 115
MOVED by Cllr. Clarke,
A. THAT Council receive this INFORMATION report about the conclusion of the recent Electoral Area `A' Governance study and the adoption of the UBC Strategic Transportation Plan and the UBC Comprehensive Community Plan.B. THAT Council advise the Minister of Municipal Affairs, GVRD, and UBC that the City's "Principles for Amalgamation", adopted by Council on September 21, 1999, remains as the City's proposal for any future discussions of amalgamation.
C. THAT Council continue to address any issues of mutual interest between the City of Vancouver and UBC through participation on the GVRD/UBC Joint Committee and bring broader issues to the attention of the GVRD Electoral Areas Committee.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Kennedy,
D. THAT Council invite UBC to work with the City to establish a Memorandum of Understanding to address issues of mutual interest.
- CARRIED UNANIMOUSLY
OTHER REPORTS
I. Report to Council
Gastown Historic Area Planning Committee
January 17, 2001 File: 5051/8107Cl. 1: Gastown Historic District of National Significance
MOVED by Cllr. Kennedy,
THAT the report from the Gastown Historic Area Planning Committee be referred to the Gastown Heritage Management Plan consultant team so that this recommendation can be assessed together with the other initiatives that will be brought forward for Gastown.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
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. Louis,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to amend By-law No. 8149, being the Vancouver Development Cost Levy By-law (Definition of "Industrial Zone") By-law No. 8296
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law openfor discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
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.
- CARRIED UNANIMOUSLY
2. A By-law to amend By-law No. 3575, being the Zoning and Development By-law (Miscellaneous Text Amendments) By-law No. 8297
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
(Councillors Clarke, Kennedy, Daniel Lee and Louis excused from voting)
3. A By-law to amendment various Comprehensive Development District By-laws (Miscellaneous Text Amendments) By-law No. 8298
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
(Councillors Clarke, Kennedy, Daniel Lee and Louis excused from voting)
4. A By-law to amend Schedule A to By-law No. 5261, being the
Central Waterfront Official Development Plan, and Schedule A
to By-law No. 6650, being the False Creek North Official Development Plan (Miscellaneous Text Amendments) By-law No. 8299MOVED by Cllr. Price,
SECONDED by Cllr. Sullivan,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Price,
SECONDED by Cllr. 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.
- CARRIED UNANIMOUSLY
(Councillors Clarke, Kennedy, Daniel Lee and Louis excused from voting)
5. A By-law to amend By-law No. 6510, being the Sign By-law (Miscellaneous Text Amendments) By-law No. 8300
MOVED by Cllr. Price,
SECONDED by Cllr. Sullivan,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Price,
SECONDED by Cllr. 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.
- CARRIED UNANIMOUSLY
(Councillors Clarke, Kennedy, Daniel Lee and Louis excused from voting)
6. A By-law to amend By-law No. 5585, being the Zoning and Development Fee By-law (Miscellaneous Text Amendments - Housekeeping) By-law No. 8301
MOVED by Cllr. Bass,
SECONDED by Cllr. Louis,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Bass,
SECONDED by Cllr. Louis,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
7. A By-law to amend By-law No. 6059, being the Parking By-law (Miscellaneous Text Amendments - Housekeeping) By-law No. 8302
MOVED by Cllr. Bass,
SECONDED by Cllr. Louis,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Bass,
SECONDED by Cllr. Louis,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
MOTIONS
A. Administrative Resolutions
1. Closing of a volumetric portion of West 41st Avenue adjacent to 2060 West 41st Avenue File: 5753
MOVED by Cllr. McCormick,
SECONDED by Cllr. Don Lee,
THAT WHEREAS:1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
2. Portions of the building constructed on Lot 1 of Lot 4, Block 15, District Lot 526, Plan LMP 42396 encroach onto West 41st Avenue;
3. The portion of West 41st Avenue encroached upon, abutting said Lot 1, was dedicated by the deposit of Plan LMP 42396;
4. To provide for the registration of an easement to contain the said encroachments, as required by Section 244 of the Strata Property Act, it is necessary to raise title to the portion of street encroached upon;5. To enable Council to grant the required easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portion of West 41st Avenue that are encroached upon.
THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver to raise title in the name of the City of Vancouver to that portion of road dedicated by the deposit of Plan LMP 42396, and included within the bold outline on a Reference Plan attested to by Mike E. Shaw, B.C.L.S. representing a survey completed on January 22, 2001, marginally numbered 30298-45; and
BE IT FURTHER RESOLVED THAT that all that volumetric portion of West 41st Avenue included within the heavy outlines and illustrated isometrically on a plan of a surveycompleted on the 22nd day of January, 2001, and certified correct by Mike E. Shaw, B.C.L.S., and marginally numbered 30298-45-A, be closed, stopped-up, and that an easement be granted to the abutting owner of Lot 1 of Lot 4, Block 15, District Lot 526, Plan LMP 42396 to contain the portions of the existing building which encroach onto West 41st Avenue. The said easement to be to the satisfaction of the Director of Legal Services.
- CARRIED UNANIMOUSLY
B. Motions on Notice
1. Financial Audit and Review of SkyTrain Project File: 5559
At the Council meeting of February 13, 2001, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:
MOVED by Cllr. Louis
SECONDED by Cllr. Bass,
WHEREAS, ensuring the sustainability of the City of Vancouver and the Region's public transit system has been a priority for Council;
AND WHEREAS, the sustainability of Vancouver's public transit system is directly related to its fiscal viability;
AND WHEREAS, a recently released report concludes that "information advanced in support of the SkyTrain option was misleading, incomplete or unsubstantiated," and "cost comparisons appear to be contrived to favour SkyTrain over LRT," during the decision phase that preceded the June, 1998 announcement by the Provincial Government to construct the SkyTrain extension;
AND WHEREAS, other research reports also conclude that SkyTrain construction, operation and maintenance costs are likely to be higher than projected by the Rapid Transit Project 2000 office, and higher than costs of other forms of rapid transit;
AND WHEREAS, the City and TransLink have agreed to future SkyTrain development plans based on financial statements and assumptions provided by the same RTP 2000 office, whose credibility on these issues has been seriously questioned;
AND WHEREAS, numerous community groups are asking the Auditor General's office to review the SkyTrain project;
THEREFORE BE IT RESOLVED THAT, Vancouver City Council ask the BC Minister Responsible for Transit to request the Auditor General of British Columbia to undertake a full and complete financial audit and review of the entire SkyTrain project.
- CARRIED UNANIMOUSLY
NOTICE OF MOTION
The following Notice of Motion was submitted by Cllr. Bass and recognized by the Chair:
Financial Audit and Review of TransLink File: 5561
WHEREAS, TransLink has proposed a $7 million cut to its 2001 budget, with the majority of the cutbacks - 70 per cent - to public transit and the balance to road building and maintenance;
AND WHEREAS, these public transit cuts will result in a reduction in bus services (of 3.3 per cent) to citizens in Vancouver and throughout the region;
AND WHEREAS, a public transit user who makes 16 one-zone, round-trips per month is now paying an additional $96 annually following last June's fare increase;
AND WHEREAS, TransLink will spend over $60 million on ticket vending machines and electronic fare boxes, and their provisional 2001 budget will see a $21.7 million increase in debt servicing costs;AND WHEREAS, TransLink is considering the abandonment of all funding of operations and maintenance of SkyTrain's new Millennium line;
AND WHEREAS, following the failure of the vehicle levy, TransLink is now projecting a 2001 budget deficit of $34 million;
AND WHEREAS, the emission of greenhouse gases from vehicles is causing an extreme environmental crisis and thus it is a regional transit authority's prime responsibility to favour public transit;
THEREFORE BE IT RESOLVED THAT, Vancouver City Council, under Section 7 of the GVTA Act, ask the BC Minister Responsible for Transit to request the Auditor General of British Columbia to undertake a full and complete financial audit and review of TransLink.
- notice
ENQUIRIES AND OTHER MATTERS
1. Shred It on the Street File: 2640
Cllr. Puil advised of on-going complaints about the Shred It on the Street business which parks its buses for hours on the street. He has recently received a complaint from a business owner on Howe Street and requested the City Manager to direct the complaint to appropriate City staff to follow-up.
2. Off Leash Regulations for GVRD Parks File: 3507
Cllr. McCormick advised the GVRD Park Committee is dealing with complaints of dog owners not obeying off-leash regulations in parks, most recently in Pacific Rim Park.
She advised staff will be reporting to the GVRD Board with recommendations, following a public consultation process.
3. NAFTA Tribunal Appeal of Metalclad Corporation v.
the United Mexican States File: 6001
Cllr. Kennedy advised the UBCM has requested the provincial government to seek intervenor status at the NAFTA Metalclad case. She asked the City of Vancouver also request the Province to seek intervenor status. She further advised the UBCM has requested the Federal Government to take the local government concerns to the appeal.
4. Business License Hearing - North Star Hotel 2711-35
Cllr. Kennedy advised the Business License Hearing scheduled for Monday, February 19, 2001 for the North Star Hotel, 5 West Hastings Street, did not proceed. The applicant withdrew and will not be issued a business license. Staff are in the process of closing the hotel.
5. Prostitution Offender Program File: 3504
Cllr. Kennedy reported on the BC Association of Chiefs of Police meeting she attended with a group making a presentation on the prostitution offender program. The program is run in the City of Vancouver through the Vancouver Police Department and is in its second year of operation. The Association supported the Prostitution Offender Program and will be using it as a generic model for all other programs in the province.
6. Involving all Neighbours File: 4114
Cllr. Sullivan reported on a workshop he helped organize on an Involving All Neighbours program. The program is a method for including people who are marginalized into the community. The participants included community leaders from the social sector, the Mayor, Councillors Bass and Price, and staff from the Cities of Burnaby and Vancouver. Cllr. Sullivan had information available for anyone interested.
The Council recessed at 5:45 p.m., and reconvened
"In Camera" in the Mayor's Office.* * * * *
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