Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

June 12, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, June 12, 2001, at 2:10 p.m., in the Council Chamber, Third Floor, City Hall.

PRAYER

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

PROCLAMATION - AMATEUR RADIO WEEK

The Mayor proclaimed the week of June 18 to 24, 2001 as Amateur Radio Week. Mr. Cam Bremner, representing Vancouver's Amateur Radio Group, the Vancouver EmergencyCommunity Telecommunications Organization (VECTOR), was presented with the framed proclamation. VECTOR is an integral part of the emergency communications system at the E-COMM facility located at Cassiar and Hastings.

PRESENTATION - Mayor's Environmental Achievement Awards

The Mayor presented certificates to the following recipients of this year's Environmental Achievement awards:

Corporate Category: Robert Brown, on behalf of Chesterman Property Group Inc.
Non-profit Organization Category: Donna Tilley, on behalf of Everett Crowley Park Committee

"IN CAMERA" MEETING

MOVED by Councillor McCormick
SECONDED by Councillor 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:

CARRIED UNANIMOUSLY

ADOPTION OF MINUTES

1. Regular Council (City Services and Budgets) - May 17, 2001

MOVED by Councillor Puil
SECONDED by Councillor Daniel Lee

CARRIED UNANIMOUSLY

2. Regular Council (Planning and Environment) - May 17, 2001

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

3. Regular Council - June 5, 2001

MOVED by Councillor Louis
SECONDED by Councillor McCormick

THAT the foregoing Minutes be approved.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
SECONDED by Councillor Daniel Lee

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

CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Anti-Graffiti Initiatives

Consideration of the Administrative Report, dated May 7, 2001 was postponed pending further information on this matter.

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Proposed Closure of a Portion of the South Side of Terminal Avenue, East of Station Street

MOVED by Councillor Louis

B. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties,and registered in the Land Title Office where applicable.

C. THAT once the form of all legal documentation and plans has been approved by the City Engineer and the Director of Legal Services that the Director of Legal Services be authorized to execute and deliver such documentation and plans on behalf of the City.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

2. B.C. Place Gap Site - Road Establishment and Closure

MOVED by Councillor Don Lee

B. THAT Council accept the conveyance of all that portion of Lot 157 False Creek Plan 21735 as shown hatched on the plan attached as Appendix "A" to the Administrative Report, dated May 22, 2001, subject to the following conditions:

C. THAT the Director of Legal Services be authorized to enter into encroachmentagreements , easements or other agreements as necessary to allow portions of the structure on Lot 157 to remain on the portions to be conveyed to the City as road as described in Recommendations A and B subject to the following conditions:

D. THAT Council close, stop-up and convey to the owner of abutting Lot 237, False Creek, Plan LMP 13010 all that portion of City street as shown hatched on the plan attached as Appendix "B" to the Administrative Report, dated May 22, 2001, subject to the following conditions:

E. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties, and registered in the Land Title Office where applicable.

F. THAT once the form of all legal documentation and plans has been approved by the General Manager of Engineering Services and the Director of Legal Services, the Director of Legal Services be authorized to execute and deliver such documentation and plans on behalf of the City.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

3. Award of Tender No. PS01021: Supply of Propane Gas and Storage Tanks

MOVED by Councillor Sullivan

THAT Council accept the bid from ICG Propane, which offers the highest value based on quality, service and price, for the supply of propane gas in contractor-owned and City-owned storage tanks, and cylinder rentals, as and when required, for a 36-month period from date of purchase order, at an estimated total cost of $365,000, plus the Provincial Sales Tax, where applicable, and the 7% GST (less any municipal rebate received), subject to a contract satisfactory to the Director of Legal Services.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

4. Award of Contract 2001-09 for the Construction of Valve Chamber #7 for the Dedicated Fire Protection System (DFPS)

MOVED by Councillor Daniel Lee

THAT Contract 2001-09 for the Construction of DFPS Valve Chamber #7 be awarded to SANDPIPER CONTRACTING LTD., for the total tender price of $355,500 (excluding GST).

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

5. Funding for the Gathering Place Health Centre

MOVED by Councillor Louis

A. THAT Council approve the continued receipt of annual ongoing funding from the Provincial Ministry of Social Development and Economic Security to provide health/hygiene service at the Gathering Place, all staffing and operational expenses to be borne by the Province with no cost to the City.

B. THAT the Director of Legal Services be given the authority to execute the annual agreements, effective immediately, for a period of five years, up to and including the year 2006.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

6. 875 Expo Boulevard (858 Beatty Street): Disposition of Stadium Parking Payment-in-Lieu Funds

MOVED by Councillor Louis

THAT the required Stadium Pay-in-Lieu funds for 875 Expo Boulevard (858 Beatty Street), currently estimated to be $943,000, be allocated as follows:

FURTHER THAT the Director of Legal Services and the General Manager of Engineering Services be authorized to execute agreements made to their satisfaction as follows:

and any other legal agreements that the Director of Legal Services deems necessary.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

7. 2973 Kingsway

MOVED by Councillor Bass

THAT the Director of Planning be advised that Council would favour the approval for the construction of a four-storey retail/residential building at 2973 Kingsway as submitted under DE405638, subject to revisions to the development application that address issues as discussed in the Administrative Report, dated May 29, 2001.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

8. Selection of Operator for Four Rental Housing Units at 5770 Oak Street

MOVED by Councillor McCormick

B. THAT the above-referenced Society, on behalf of the City, be approved as the lessee of four one-bedroom units in "The Crowne," a 61-unit residential building at 5770 Oak Street, for a 10-year term at a nominal rent and such other terms and conditions as set out in the Administrative Report, dated May 28, 2001, and as the Director of Legal Services may approve, noting that no legal rights and obligations shall arise or be created until all legal documentation is fully executed.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

9. Consulting Contract: Recycling Receiving Yard - 1100 East Kent Avenue

MOVED by Councillor Louis

THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services, be authorized to enter into a Professional Services Agreement with Delcan Corporation for design and inspection services of a Recycling Receiving Yard at 1100 East Kent Avenue, for a value up to $62,000; source of funding to be the Solid Waste Capital Reserve.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

10. Award of Tender No. PS01023 - Supply and Delivery of PVC Sewer Pipe and Fittings

MOVED by Councillor Don Lee

THAT Council accept the following bids, offering the highest value based on quality, service and price from the following firms, for the supply and delivery of PVC sewer pipe and fittings, as, if and when required for a 36 month period from date ofpurchase order, subject to a contract satisfactory to the Director of Legal Services:

· Mueller Flow Control for Section 1, PVC Sewer Pipe, at an estimated annual cost of $325,066.

· BCG Services for Section 2, PVC Sewer Fittings, at an estimated annual cost of $171,732.

The Combined estimated annual cost for the supply and delivery of PVC sewer pipe and fittings, is $496,798 plus the applicable 7% GST (less the anticipated receipt of the municipal rebate) and the 7% PST.

CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)

11. 1162 East 13th Avenue Assignment of Right-of-Way to the Greater Vancouver Sewerage and Drainage District

MOVED by Councillor Clarke

A. THAT Council authorize the Director of Legal Services to execute on behalf of the City an assignment of registered charge 170815M from the City to the Greater Vancouver Sewerage and Drainage District (the "G.V.S. & D.D.") as the said charge is registered over Lot 40, except the South 5 feet now lane, Block 172 District Lot 264A, Plans 222 and 1771 at 1162 East 13th Avenue.

B. THAT Council request a report back on the following recommendation after further discussion with the GVRD:

CARRIED UNANIMOUSLY

12. Authorization to Initiate Legal Proceedings - Charleson Bay Moorage Buoys

MOVED by Councillor Puil

THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to boats moored at the City's Charleson Bay Moorage Buoys and may, in her discretion, seek injunctive relief in that action or proceeding, in order to enforce the rules of the City's Charleson Bay Moorage Buoys and to recover unpaid fees.

CARRIED UNANIMOUSLY

13. Secretarial Services to Council

MOVED by Councillor Puil

THAT Council reaffirm its policy of 1983, which was clarified in 1994, on the provision of secretarial services to Council.

Referred

MOVED by Councillor Louis

THAT consideration of the Administrative Report, dated June 8, 2001, on Secretarial Services to Council be referred to a Standing Committee meeting to allow citizens to speak on the issue.

CARRIED
(Councillors Kennedy, Don Lee, Sullivan, Puil and the Mayor opposed)

(NOTE: See also Item 3 under Enquiries and Other Matters in the Minutes)

CITY MANAGER'S POLICY REPORTS

At 3:05 p.m., the Mayor and Councillor Louis declared Conflict of Interest for Policy Report 1, as the Mayor's wife sits on the Foundation Board for Cancer Research Centre, and Councillor Louis sits on the Vancouver/Richmond Health Board. Deputy Mayor Kennedy assumed the Chair. The Mayor and Councillor Louis left the Council Chamber and did not return until the conclusion of the vote on the report.

1. CD-1 Rezoning: 601 West 10th Avenue (Cancer Research Centre)

Also before Council was a Memorandum, dated June 11, 2001, from the Director of Current Planning providing clarification of the applicant concerns noted in Appendix C of the reportas "applicant's comments".

MOVED by Councillor Clarke

A. THAT the application by Richard Henriquez / IBI Group, Architects, to rezone 601 West 10th Avenue (Cancer Research Centre) (Lots 11 - 20; Block 359; D.L. 526; Plan 991) from C-3A Commercial District to CD-1, to permit construction of a Cancer Research Centre, including: Laboratory, hospital and ancillary uses, office, and limited grade level retail and restaurant at a maximum density of 6 floor space ratio (FSR) and maximum height of 57 m (187 ft.) be referred to a Public Hearing, together with:

The Director of Current Planning also Recommends that Council give direction NOT to support a pedestrian overpass proposed to cross 10th Avenue. Alternatively, if Council wishes to support an overpass, a direction to process such proposal is offered for Council Consideration.

B. THAT Council NOT support an elevated pedestrian overpass crossing 10th Avenue.

CONSIDERATION (as an alternative to B, above)


CARRIED
(Councillor Puil opposed to B; Councillors Price and Puil opposed to C)
(Councillor Louis and the Mayor absent for the vote)

MOVED by Councillor Bass

D. THAT a traffic demand management scheme be incorporated into the conditions for the application.

CARRIED
(Councillor Sullivan opposed)
(Councillor Louis and the Mayor absent for the vote)

MOVED by Councillor Bass

THAT potentials for green building design for the application be reviewed at the development permit stage.

LOST
(Councillors Clarke, Kennedy, Daniel Lee, Don Lee, McCormick, Price, Puil and Sullivan opposed)
(Councillor Louis and the Mayor absent for the vote)

The City Manager agreed to report back in a memorandum to Council advising on how policy statements on the issues of green buildings and traffic demand management plans may be pursued by Council.

At 3:40 p.m., the Mayor and Councillor Louis returned to the Council Chamber and the Mayor resumed the Chair.

OTHER REPORTS

I. Special Advisory Committee on Seniors

Annual Report
(Clause 1)

MOVED by Councillor Puil

THAT the Annual Report from the Special Advisory Committee on Seniors be received for information.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend Parking By-law No. 6059 (Relaxation and Payment-in-Lieu 1286 Homer Street) (By-law No. 8341)

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

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 Councillor McCormick
SECONDED by Councillor Don Lee
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY

2. A By-law to amend By-law No. 4804, being the Tax Prepayment By-law

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

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 Councillor McCormick
SECONDED by Councillor Don Lee
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY

MOTIONS

A. Administrative Resolutions

1. Closing portions of Expo Boulevard, Smithe Street and Beatty Street (File: 5753)

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

THAT WHEREAS:

THEREFORE BE IT RESOLVED THAT all those portions of Expo Boulevard, Smithe Street and Beatty Street dedicated by the deposit of Plan 20421, adjacent to Lot 237, False Creek, Plan LMP 13010, New Westminster District, the same as shown heavily outlined on plan prepared by Gary Sundvick, B.C.L.S. attested to May 24, 2001, marginally numbered DWG - 01 - 916 - 3, be closed, stopped-up and conveyed to the owner of said Lot 237; and

BE IT FURTHER RESOLVED THAT all those portions of road so closed be subdivided with said Lot 237, to the satisfaction of the Approving Officer.

CARRIED UNANIMOUSLY

2. Resolution establishing lane the west 2.5 feet of Lot 80 South West 1/4 of Section 25 THSL Plan 3191, 1051 Windermere Street (File: 5753)

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

THAT WHEREAS the City of Vancouver is the registered owner of Parcel Identifier: 013-062-093, the West 2.5 feet of Lot 80 South West 1/4 of Section 25 Town of Hastings Suburban Lands Plan 3191;

AND WHEREAS it is deemed expedient and in the public interest to establish the above described land for lane purposes;

THEREFORE BE IT RESOLVED that the above described land be hereby established for lane purposes and declared to form and to constitute a portion of a lane.

CARRIED UNANIMOUSLY

3. Closing a portion of Expo Boulevard, north of Smithe Street adjacent to 858 Beatty Street (File: 5753)

MOVED by Councillor McCormick
SECONDED by Councillor 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. There is a proposal to redevelop Lot 220, False Creek, Plan LMP ________;

3. The proposal requires the closure of portions of Expo Boulevard adjacent to said Lot 220;

4. All that portion of Lot 157, Plan 21735 shown as Road on Reference Plan LMP _________has been established for road purposes under Filing _____________;

5. The said portion of Lot 157 is no longer required for road purposes;

6. The said portion of road to be closed is to be consolidated with abutting Lot 220, False Creek, Plan LMP ____________.

THEREFORE BE IT RESOLVED THAT all That Portion of Lot 157, Plan 21735 shown as Road on Reference Plan LMP ____________ now road, be closed and stopped-up, and conveyed to the abutting owner; and

BE IT FURTHER RESOLVED THAT the said portion of Lot 157, Plan 21735 to be closed be consolidated with the abutting Lot 220, False Creek, Plan LMP__________.

CARRIED UNANIMOUSLY

4. Establishment of portion of Lot 157 as Road for the purposes of widening Expo Boulevard (File: 5753)

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

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

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

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

CARRIED UNANIMOUSLY

5. Establishment of portion of Lot 157 as Road (File: 5753)

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

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

All that portion of Lot 157, except all that portion shown as Road on Reference Plan LMP , False Creek Plan 21735 having an area of approximately 0.101 hectares and as shown in heavy outline on the reference plan noted as Drawing number 01916-7 prepared by Gary Sundvick, B.C.L.S., and dated the 1st day of June, 2001;

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

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

CARRIED UNANIMOUSLY

B. Motions

1. Resolution of Transit Strike (File: 5551)

At the Council meeting of June 5, 2001, Councillor McCormick submitted the following motion. Councillor Louis called Notice under Section 7.2 of the Procedure By-law.

MOVED by Councillor McCormick
SECONDED by Councillor

WHEREAS the Lower Mainland public transit strike is now in its third month;

AND WHEREAS seniors, students, low-income people, the disabled and others dependent on public transit have had their lives severely disrupted by the strike, reducing their quality of life;

AND WHEREAS many small businesses, cultural organizations and non-profit agencies are experiencing a reduction in activity, negatively affecting the economic, artistic and social fabric of our region;

AND WHEREAS striking transit workers and their families have had to cope with severe reduction in their household incomes;

AND WHEREAS the lack of public transit has put more vehicles on our roads - in direct contradiction of the Livable Region Strategic Plan - contributing to greater traffic congestion and poorer air quality in the region;

THEREFORE BE IT RESOLVED THAT Vancouver City Council request the Provincial Government to legislate a 60-day cooling-off period.

Withdrawn

Before Council this day was a letter dated June 12, 2001 from Councillor McCormick withdrawing her motion.

MOVED by Councillor Louis
SECONDED by Councillor Bass

THAT Council remove the three Vancouver City Council appointees (Councillors Clarke, Price and Puil) from the TransLink Board of Directors.

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

NOTICE OF MOTION

The following Notice of Motion was submitted by Councillor Bass and recognized by the Chair:

1. Rebate To The Public For Transit Services Not Provided - Free Bus Service

WHEREAS under law, TransLink has a responsibility to provide a regional transportation system that moves people and goods;

AND WHEREAS the current paralysis of the bus system goes in exactly the reverse direction of the Livable Region Strategy, namely to decrease car use, increase transit use, and thereby reduce air pollution and traffic congestion;

AND WHEREAS the taxes and other fees that have been designated for transit services have not been providing those services for the duration of the current strike;

AND WHEREAS transit riders pay a greater proportion of the costs of transit than do car users pay the costs of car use;

AND WHEREAS transit riders saw an increase in fares last year only to be hit by a debilitating strike this year, a strike that concerns two issues that would provoke a strike by almost any union: contracting out and creating part-time employees;

AND WHEREAS when the strike is settled, there will need to be an incentive to encourage citizens to return to the use of public transit;

THEREFORE BE IT RESOLVED THAT Vancouver City Council recommend to the Board of TransLink that free transportation services be provided to the public for the same number of days that the strike will have lasted.

Notice

ENQUIRIES AND OTHER MATTERS

1. Removal of Graffiti (File: 3501)

Councillor McCormick congratulated City of Vancouver Security personnel, Bruce Patton and Michael Tudor, for apprehending a graffiti artist, who was trying to put graffiti onto City Hall. The suspect was taken into custody.

2. Club Inferno (File: 2604)

Councillor Clarke requested staff to provide information on the status of the development permit issued to Club Inferno.

The City Manager presented a brief background to the application and informed Council that it was the Board of Variance not the City which granted the permit. The General Manager of Community Services will be providing further comments.

3. Secretarial Services to Council (File: 1251)

Councillor Clarke requested additional information be provided on the secretarial services staff currently provide to Council members, such as the number of petitions answered, volumes of correspondence that flow through each Councillor, and general allocation of resources.

The City Manager agreed to provide the requested information.

The Council recessed at 4:20 p.m., and
reconvened "In Camera" in the Mayor's Office.

* * * * *


ag010612.htm


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