Agenda Index City of Vancouver

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

SEPTEMBER 13, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, September 13, 2001, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:

Councillor Lynne Kennedy, Chair
Councillor Fred Bass

*Councillor Jennifer Clarke

Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price

ABSENT:

Mayor Philip Owen (Civic Business)
Councillor George Puil (Civic Business)
Councillor Sam Sullivan (Leave of Absence)

CITY MANAGER'S
OFFICE:

Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Diane M. Clairmont, Meeting Coordinator

* Denotes presence during part of the meeting.

pe010913.htm

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meetings of July 12, 2001 and July 26, 2001 were adopted.

RECOMMENDATION

1. Warning to Prospective Purchasers of 2151 Kitchener Street (File 2701)

The Committee had before it an Administrative Report dated August 3, 2001 in which the City Building Inspector recommended approval to file a 336D Notice against the property at 2151 Kitchener Street to warn prospective purchasers of contraventions of the Zoning and Development, Vancouver Building and Standards of Maintenance By-laws related to this building. It was further recommended the Director of Legal Services be authorized to commence legal action if deemed appropriate. The General Manager of Community Services supported the recommendations.

Peter Sweeney, Manager of Building Inspections Branch, reviewed the report and responded to questions.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2151 Kitchener Street (Lot 34 of C, Block 135, District Lot 264A, Plans 1278 and 1771) in order to warn prospective purchasers that there are contraventions of the Zoning and Development, Vancouver Building and Standards of Maintenance 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 2151 Kitchener Street 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
(Councillor Clarke not present for the vote)

2. Nuisance Building at Rear of 3455 West 15th Avenue (File: 2701)

The Committee had before it an Administrative Report dated August 27, 2001 in which the City Building Inspector recommended Council declare the rear accessory building at 3455 West 15th Avenue a nuisance and require its demolition as well as removal of all resulting debris. It was further recommended Council approve filing of a 336D Notice against the property to warn prospective purchasers of By-law violations, advise them of Council's resolution and to authorize the Director of Legal Services to commence legal action if deemed appropriate. The General Manager of Community Services supported the recommendations.

Peter Sweeney, Manager of Building Inspections Branch, reviewed the report and responded to questions.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council declare that the accessory building at the rear of the property at 3455 West 15th Avenue, Lot 20, Except the North 10 Feet Now Lane, Block 103, District Lot 540, Plan 560, PID 005-054-079 is a nuisance pursuant to Section 324A of the Vancouver Charter

B. THAT Council approve the Resolution attached to Administrative Report Nuisance Building at Rear of 3455 West 15th Avenue, dated August 3, 2001, and order the Registered owners of the property to demolish the rear accessory building and remove the overgrowth and brambles, resulting demolition debris and discarded materials from the site, within 14 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 owners to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the work noted in Recommendation 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 3455 West 15th Avenue in order to warn prospective purchasers that there are violations of the Standards of Maintenance and Untidy Premises By-law related to this property and that there is an order of Council against the property.

CARRIED UNANIMOUSLY

3. 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 July 30, 2001, in which the City Manager, in consultation with the General Manager of Community Services Group, sought Council approval of a three-year contract with the Vancouver Heritage Foundation to promote and enable heritage preservation in the City of Vancouver.

Brent MacGregor, Deputy City Manager, reviewed the report and responded to questions.
The following spoke in support of the recommendations:

Dianne Switzer, Executive Director, Vancouver Heritage Foundation

Speakers' comments included:

· review of methods to encourage partnering projects with private industry;
· benefits to the City resulting from investing in heritage preservation;
· reviewed feasibility of attaining proposed goals; fund raising will take priority;
· request that City support the VHF in raising endowment; in many other jurisdictions, municipal funding is provided;
· as endowment grows, reliance on City funding diminmishes;
· granting and educational programs will be maintained;
· VHF would like to hire the Executive Director on a full-time basis.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

A. THAT Council approve a 3-year contract with the Vancouver Heritage Foundation (VHF) at an annual cost of $100,000, as outlined in Administrative Report Operating Funding for the City of Vancouver Heritage Conservation Foundation (Operating as the Vancouver Heritage Foundation, VHF), dated July 30, 2001, subject to an annual report from the Foundation, including progress on the generation of an operating endowment fund. Funding to be provided from the annual operating budget commencing in 2002.

CARRIED UNANIMOUSLY

4. 3611 West Broadway - The Jazz Cellar Café Ltd.

The Committee had before it an Administrative Report dated August 24, 2001, in which the Chief License Inspector requested Council endorse the application by the Jazz Cellar Café Ltd. to replace the existing 67-seat Restaurant-Class 1 with a 67-seat Restaurant-Class 2 at The Cellar, 3611 West Broadway. The General Manager of Community Services supported the recommendation.

Guy Gusdal, License Coordinator, reviewed the report and responded to questions.

Cory Weeds, Applicant, spoke in support of the application. His comments included:

· review of new management methods of operation - adhering to all rules, regulations and good business practices;
· there have been no problems with law enforcement;
· good community relations have been maintained;
· all effort is made to minimize noise.

MOVED by Councillor Bass
THAT the Committee recommend to Council

THAT Council, having considered the opinion of area residents and business operators of the community, as determined by neighbourhood notification, the proximity of residential development, traffic patterns, road access, availability of parking, noise impacts and overall design, endorse the application by The Jazz Cellar Café Ltd., to replace the existing 67-seat Restaurant-Class 1 with a 67-seat Restaurant Class 2 at The Cellar, 3611 West Broadway, subject to:

CARRIED UNANIMOUSLY

5. 3624 Fraser Street (718 East 20th Avenue)

The Committee had before it an Administrative Report dated August 24, 2001, in which the Chief License Inspector requested Council endorse the application by The Army, Navy and Air Force Veterans in Canada - Unit 68 (ANAF 68) to transfer the existing Class `A' Lounge (Social Club) liquor license from 1837 Main Street to 3624 Fraser Street (718 East 20th Avenue). The General Manager of Community Services supported the recommendation.

Guy Gusdal, License Coordinator, reviewed the report and responded to questions.

The following spoke in favour of the application:

Speakers' comments included:

· review of social club history;
· there was little response to the City's signage as this is an established organization.

MOVED by Councillor McCormick
THAT the Committee recommend to Council

THAT Council, having considered the opinions of area residents and business operators of the community as determined by response to an information sign on the site, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by the Army, Navy and Air Force Veterans in Canada - Unit 68 to relocate the existing Class `A' Lounge (Social Club) liquor license from 1837 Main Street to 3624 Fraser Street (718 E. 20th Avenue) subject to:

CARRIED UNANIMOUSLY

6. 3536 West 41st Avenue - 558570 BC Ltd.

The Committee had before it an Administrative Report dated August 24, 2001, in which the Chief License Inspector requested Council endorse the request by 558570 BC Ltd. for a Vintners Quality Alliance (VQA) wine store at 3536 West 41st Avenue. The General Manager of Community Services supported the recommendation.

Brian Macdonald, Applicant, advised a neighbourhood canvass resulted in a very positive response (material submitted - on file).

MOVED by Councillor Louis
THAT the Committee recommend to Council

THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification, availability of parking and overall design, endorse the application by 558570 BC Ltd., for a 940 square foot Vintners Quality Alliance (VQA) wine store at 3536 West 41st Avenue, subject to:

CARRIED UNANIMOUSLY

7. Central Business District Liquor License Policy (File: 2611)

The Committee had before it a Policy Report dated August 28, 2001, in which the Chief License Inspector, and Directors of Current Planning and Social Planning sought Council approval of a liquor license policy and an implementation strategy for the Central Business District. The General Manager of Community Services supported the recommendation.

Guy Gusdal, License Coordinator, and Paul Teichroeb, Chief License Inspector, reviewed the report and responded to questions. Inspector Dave Jones, Vancouver City Police, responded to questions relating to police enforcement capability and costs.

Staff was asked to provide a memo to Council detailing allocation of policing costs per licensed seat city-wide and how this will be funded. Staff advised this will be covered in a pending Fee Review report.

The following spoke in general support of the recommendations, but with reservations:

Speakers' comments included:

· policy may result in degeneration of existing establishments;
· policing costs could be supplemented by having newly-licensed establishments with problems pay for having police on premises;
· land conflict issue; cabarets need to move out of new residential areas, but financially it is impossible to move into Central Business District; no space for new hotel;
· concern was expressed regarding extension of hours; requested clarification relating to after-hours and after-work crowds; potential for earlier operations during the day should be considered;

·concern was expressed relating to the policy that any establishment over 350 seats be restricted to integration with a hotel; Council was encouraged not to close options and consider endorsing an application which may propose an appropriate free-standing cabaret in the CBD.

Mr. Teichroeb advised that alternative use of space, change to cabaret hours and a two-class license system is currently under Provincial review. He noted that all liquor license applicants have the right to have their application brought forward to Council even if the application does not strictly adhere to policy .

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council adopt the following liquor license policy for the Central Business District (CBD):

amended

AMENDMENT MOVED by Councillor Bass

THAT Recommendation B as it relates to Section 2 (iii) of Appendix A of Policy Report Central Business District Liquor License Policy, dated August 28, 2001, be amended by replacing the words "permitted only" with the words "considered preferably":

CARRIED UNANIMOUSLY

MOTION AS AMENDED
THAT the Committee recommend to Council

A. THAT Council adopt the following liquor license policy for the Central Business District (CBD):

CARRIED UNANIMOUSLY

The Committee adjourned at 3:45 p.m.

- - - - -

CITY OF VANCOUVER

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

SEPTEMBER 13, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, September 13, 2001, at 3:45 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:

Deputy Mayor Daniel Lee
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price

ABSENT:

Mayor Philip Owen (Civic Business)
Councillor George Puil (Civic Business)
Councillor Sam Sullivan (Leave of Absence)

CITY MANAGER'S
OFFICE:

Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Diane M. Clairmont, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Councillor Kennedy
SECONDED by Councillor Don Lee

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Daniel Lee in the chair.

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
September 13, 2001

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

Clauses 1 to 7

MOVED by Councillor Don Lee

THAT the recommendations of the Committee, as contained in Clauses 1-7 of this report, be approved.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Kennedy

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Kennedy
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

The Council adjourned at 3:55 P.M.

* * * * *

pe010913.htm

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