Agenda Index City of Vancouver

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES
COURT OF REVISION

December 4, 2001

A Special Meeting of the Council of the City of Vancouver was held on Thursday, December 4, 2001, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

COURT OF REVISION

LOCAL IMPROVEMENTS

Projects by Petition: Court No. 604
December 4, 2001

Projects by Initiative: Court No. 605
December 4, 2001

Before Council were reports from the Collector of Taxes dated December 4, 2001, with respect to Local Improvement Courts of Revision Numbers 604 and 605. Also before Council was a Late Objection Report for Court 605 dated December 4, 2001, advising that late objections to project numbers 605/009, 605/013, 605/022 and 605/037 have been received. A Late Report for Court 605 dated December 4, 2001 was also before Council, regarding project number 605/002.

COURT NO. 604 - PROJECTS BY PETITION

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

Elizabeth Norris, Local Improvements Clerk, drew to Council's attention an error on page 7 of the report of the Collector of Taxes. Item number 38 was inadvertently omitted from the entry for sidewalk reconstruction project, 11th Avenue, south side.

COURT NO. 605 - PROJECTS BY INITIATIVE

The report from the Collector of Taxes certified that project numbers 605/007, 605/014, 605/028, 605/029 and 605/032 were objected to by at least more than one half (1/2) theowners of the properties who represent at least more than one half (1/2) the total value of all the properties on this project. Therefore, these projects were defeated.

The previously mentioned late objections to project numbers 605/009 and 605/037 were sufficient to defeat the initiatives. Therefore, it was recommended that the projects be defeated. Late objections to project numbers 605/013 and 605/022 were not sufficient to defeat the initiatives. Therefore, it was recommended that the projects proceed.

The previously mentioned Late Report for Court 605 dated December 4, 2001 recommended that project number 605/002 be withdrawn.

MOVED by Councillor McCormick
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

RISE FROM COURT OF REVISION

MOVED by Councillor McCormick
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

COUNCIL

RECEIVE REPORT OF COURT OF REVISION

MOVED by Councillor Don Lee
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

City Manager's Administrative Report
Local Improvements Subsequent Procedure
November 14, 2001

Council had before it an Administrative Report dated November 14, 2001, from the General Manager of Engineering Services.

David Desrochers, Streets Design Engineer, reviewed the recommendations and showed slides illustrating various projects.

The following delegations were heard and actions taken.

COURT NO. 604 - PROJECTS BY PETITION

Project No. 604/001

MOVED by Councillor Kennedy
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/002

Fergus Tomlin opposed the project because wattage would remain the same, and would not increase either lighting or security. City arborists have already improved light levels in the area by pruning.

Tom Hammel, Electrical and Design Branch Engineer, advised that light diffusion will be improved by the fixture design, and responded to questions regarding the effectiveness of various forms of lighting.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/003

MOVED by Councillor Louis
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 604/004

Floyd Padula and Ray Stenson registered support for the project but did not speak.

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/005

Mona Heppner opposed the project because of the potential for speeding on paved lanes, the likelihood that crime will not be reduced, and damage caused to the environment based on light pollution. Ms. Heppner also questioned why the petition process permits petitioners to circulate petitions again after they are defeated.

Elizabeth Norris, Local Improvements Clerk, explained that petitions are initiated by property owners, and there are no grounds to refuse a petition to an owner. In the case of projects initiated by the City, the City will not initiate again for five years.

Hubert Culham opposed the project because of similar concerns about the environment and lack of crime reduction, as well as concerns about high pressure sodium as a lighting source and the staff notification. Mr. Culham requested that the light source be changed to metal halide and the mounting height be reduced to no more than 15 feet.

Tom Hammel, Electrical and Design Branch Engineer, responded to technical issues regarding height, light dispersion, and advantages and disadvantages of different forms of lighting. Mr. Hammel also explained the reference to lighting standards in the staff notification letter.

Councillor McCormick requested Mr. Hammel to report back to Council on different options of lighting available such as the type used in Calgary.

MOVED by Councillor Clarke
SECONDED by Councillor McCormick

CARRIED
(Councillors Bass and Louis opposed)

Project No. 604/006

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/007

MOVED by Councillor Louis
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 604/008

Elizabeth Norris, Local Improvements Clerk, advised that one signature has been recently withdrawn, which would be sufficient to defeat the petition. However, another eligible owner, Elsa Perretto, was present and willing to sign in favour.

It was then learned that this was a jointly owned property, and would require the signatures of both Ms. Perretto and her husband who was not present. Council discussed different options to address this situation, then agreed to postpone consideration of project number 604/08 to allow Ms. Perretto an opportunity to obtain her husband's signature and return to the meeting.

Note from Clerk: This item was continued after Project 604/25, but has been minuted concurrently for ease of reference.

Ms. Perretto obtained her husband's signature and returned to the meeting, resulting in sufficient signatures to approve the petition

The following opposed the project:

The foregoing speakers opposed the project on one or more of the following grounds:

· there has been insufficient discussion;
· environmental concerns about the effects of light pollution;
· loss of quality of life;
· loss of night views;
· based on previous experience, safety will not be enhanced;
· there were objections to acceptance of a last-minute signature - to be fair, Council should have the project re-balloted.

Ms. Norris clarified it has been Council's practice to accept withdrawals and new signatures until a decision has been made.

The following supported the project:

The speakers supported the project on one or more of the following grounds:

· there have been numerous break-ins and home invasions in the petitioned area;
· the lane is particularly long and dark;
· most lanes in the area are lighted, making this lane particularly inviting to criminals;
· neighbours feel unsafe in their community; lighting will enhance feelings of safety;
· the Police Department has advised the neighbourhood Block Watch that lane lighting is needed;
· there are many children in the area, making break-ins very worrying;
· because gathering signatures is a tedious process, the petitioners stopped at the required two-thirds, so not everyone had an opportunity to sign the petition initially.

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED
(Councillor Louis opposed)

Project No. 604/009

MOVED by Councillor Louis
SECONDED by Councillor Daniel Lee

CARRIED UNANIMOUSLY

Project No. 604/010

MOVED by Councillor Don Lee
SECONDED by Councillor Kennedy

CARRIED UNANIMOUSLY

Project No. 604/011

MOVED by Councillor McCormick
SECONDED by Councillor Kennedy

CARRIED UNANIMOUSLY

Project No. 604/012

Alan Sanvido enquired why the City is picking up so small of portion of the cost of this project and withdrew his signature.

Elizabeth Norris, Local Improvements Clerk, advised that withdrawal of one signature would be sufficient to defeat the project, and recommended re-balloting.

Questioned whether, if this project were defeated tonight, this project would ever be done on the initiative, John Jang, Local Improvements, advised that the condition of the street may warrant a future initiative. However, Mr. Jang clarified that staff would wait at least a year to initiate.

Grant Woff, Streets Finance, explained the basis of the funding formula.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/013

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/014

MOVED by Councillor McCormick
SECONDED by Councillor Kennedy

CARRIED UNANIMOUSLY

Project No. 604/015

Sydney Hartley registered support for the project but did not speak.

MOVED by Councillor Kennedy
SECONDED by Councillor Price

CARRIED UNANIMOUSLY

Project No. 604/016

MOVED by Councillor Louis
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 604/017

MOVED by Councillor Don Lee
SECONDED by Councillor Kennedy

CARRIED UNANIMOUSLY

Project No. 604/018

Naomi Ozaki supported the project, and also urged Council to implement some form of traffic calming in the area, which contains both a park and an elementary school.

David Desrochers, Streets Design Engineer, advised that Neighbourhood Transportation is already investigating this area with speeds being monitored. Jim Hall, Transportation Engineer, will be requested to call Ms. Ozaki to inform her of the results of their study. Also, project number 604/18 is itself a traffic calming measure.

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 604/019

MOVED by Councillor Louis
SECONDED by Councillor Kennedy

CARRIED UNANIMOUSLY

Project No. 604/020

MOVED by Councillor Clarke
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 604/021

Todd Jones opposed the project because of the high costs.

Elizabeth Norris, Local Improvements Clerk, advised there are sufficient signatures to approve the petition.

MOVED by Councillor Kennedy
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 604/022

MOVED by Councillor Louis
SECONDED by Councillor Daniel Lee

CARRIED UNANIMOUSLY

Project No. 604/023

Enzo Frantino supported the project, but noted that his two properties have paved aprons which he paid for previously and will be redone during the lane paving. He asked for a credit for this on his estimated lane charges.

David Desrochers, Streets Design Engineer, advised that in such cases, Engineering has to re-do the alley aprons to ensure proper alignment. There is no additional cost to the property owner and the replacement is as good or better because it is new.

Marc Caldren expressed concern about the cost of the project, since he will be paying both rear and side lane costs, and asked for special relief to pay no more than anyone else. Mr. Caldren also asked that the width of the lane paving be reduced for the side lane, which is narrower that the rear lane, and the grass verge retained. He also asked for time to circulate a speed hump petition.

Elizabeth Norris, Local Improvements Clerk, advised that Mr. Caldren will receive flankage relief. However, special relief is not available in a residential-zoned area.

Mr. Desrochers advised that the petition was based on full-width paving of both lanes. However, only City-owned property will be paved. If the grass verge is on private property, it will not be paved.

John Jang, Local Improvements, explained that it would be difficult to pave under 11 feet due to equipment size.

In response to a question from Council, Grant Woff, Streets Finance, indicated that it would be within Council's power to reduce the scope of the project to the rear lane only, and to re-ballot the flankage lane. However, Mr. Desrochers advise that elimination of the properties on the flankage lane would leave insufficient signatures to approve the project.

In response to further questions, Ms. Norris advised that Council only has the options to approve, defeat or re-ballot, and any re-ballot must be based on the existing petition. If defeated, the petition could be re-balloted with additional options indicated. Councillor McCormick asked Mr. Caldren if he could call one of the owners for a withdrawn signature to be faxed for the Court. Mr. Caldren replied he did not want to defeat the project.

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED
(Councillors Bass, Louis and Price opposed)

Project No. 604/024

MOVED by Councillor Louis
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 604/025

Ray Stenson and Floyd Padula registered support for the project but did not speak.

MOVED by Councillor Louis
SECONDED by Councillor Daniel Lee

CARRIED UNANIMOUSLY

Project No. 604/026

The following speakers opposed the project:

The speakers opposed the project on the one or more of the following grounds:

· all votes were obtained from property owners to the north of the project, property owners to the south were never consulted and feel this was undemocratic;
· a strata corporation owns a single real property, and should have only one vote, not individual votes for every strata owner;
· the City Charter and related statutes should be reviewed, since they were written at a time when strata titling was not envisioned;
· it may be legal to approve this project, but it is not fair;
· lane paving will only add to noise and activity level;
· the project is too costly (Novak).

Elizabeth Norris, Local Improvements Clerk, explained that there will be flankage relief on the Novak/Dakin property, and that votes are weighted by assessment value.

Alicia Hagman and James Stewart registered support for the project but did not speak.

Robert Weber supported the project and noted that the petitioners followed the procedure laid out by the City.

Godfrey Lamble supported the project, noting that the lane was previously paved, but construction of the strata units caused heavy damage, and it should be paved.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

NOTE FROM CLERK: After the forgoing motion to approve this project was put and carried unanimously, Council learned that one speaker had not yet been heard. Therefore, Council rescinded this motion by unanimous vote and heard the remaining speaker.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY
AND BY THE REQUIRED MAJORITY

Mary Riches initially indicated support for the project, but expressed concern over potential damage to landscaping features and asked that the paved down the middle only, and not on the verge.

David Desrochers, Streets Design Engineer, explained that significant trees protruding into the lane will not be removed, even if on City property. However, grass on City property will be covered.

Mary Riches withdrew her signature, resulting in insufficient signatures to approve the project.

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/027

Lee-Ann Garnett and Franciscus Duffels registered opposition to this project but did not speak.

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 604/028

William Fitzgerald registered support for this project but did not speak.

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 604/029

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/030

MOVED by Councillor Don Lee
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

Project No. 604/031

Chang Zhou registered opposition to the project but did not speak.

Elizabeth Norris, Local Improvements Clerk, advised that Ms. Zhou has withdrawn her signature, leaving insufficient signatures to approve the project..

MOVED by Councillor McCormick
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 604/032

MOVED by Councillor Kennedy
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 604/033

MOVED by Councillor McCormick
SECONDED by Councillor Price

CARRIED UNANIMOUSLY

Project No. 604/034

Pamela Ladyman opposed the project. Because of her corner location, she will be required to pay more than other owners due to a previous local improvement project, and she never uses the lane.

Elizabeth Norris, Local Improvements Clerk, clarified Ms. Ladyman's charges on the current project are for frontage only and advised she would have/or will receive flankage relief on projects abutting the long side of her corner lot.

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 604/035

MOVED by Councillor McCormick
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 604/036

Pamela Grupe opposed the project, and requested that the northernmost speed hump be moved slightly to accommodate movement of a heavy boat.

David Desrochers, Streets Design Engineer, advised staff would try to work out a solution to Ms. Grupe's request.

MOVED by Councillor McCormick
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 604/037

MOVED by Councillor Clarke
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

Project No. 604/038

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

COURT NO. 605 - PROJECTS BY INITIATIVE

Project No. 605/001

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/002

MOVED by Councillor Louis
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 605/003

Darryl Lacey opposed the project, noting petitions for this project have been circulated and defeated on a number of previous occasions. The City has now initiated the project even though those who have lived in the neighbourhood the longest like it the way it is.

Diane Kowalko did not feel involved in the project, and opposed it based on personal and financial circumstances.

John Jang, Local Improvements, explained the reasons for City initiation of this project. Of the seventeen owners affected, eleven are absentee owners, and some have been difficult to contact.

Elizabeth Norris, Local Improvements Clerk, explained the procedure time line. Because her property is in a higher-zoned area, Ms. Kowalko would be eligible for special relief if there are four units or under. Ms. Kowalko advised there are eight units on the property.

Ken Affleck registered support for the project but did not speak.

Mrs. Duncan Low and David Hamilton supported the project on the following grounds:

· many owners are enthusiastic about the project but have had difficulty contacting other owners;
· Kitchener is the only street in the immediate area without curbs, and is in poor condition, which attracts dumping;
· erosion and poor drainage are problems;
· it is difficult for persons with disabilities to manoeuvre on the street.

MOVED by Councillor Louis
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 605/004

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/005

MOVED by Councillor Louis
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 605/006

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/007

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/008

MOVED by Councillor Kennedy
SECONDED by Councillor Price

CARRIED UNANIMOUSLY

Project No. 605/009

MOVED by Councillor Don Lee
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

Project No. 605/010

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/011

MOVED by Councillor Kennedy
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 605/012

MOVED by Councillor Bass
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 605/013

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/014

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/015

Mary Barbosa opposed the project because the previous lane paving is in poor shape due to lack of proper maintenance by the City, and also expressed concern that properties lower onthe lane will experience flooding from run-off.

Warren Paley expressed similar concerns about flooding, and also opposed the project because of 12-foot wide speed humps when there are far smaller speed humps in the lane around City Hall.

David Desrochers, Streets Design Engineer, explained that the proposed project would improve drainage.

John Jang, Local Improvements, clarified that the speed humps have been withdrawn, and explained the standards for speed humps.

Grant Woff, Streets Finance, explained that speed humps in lanes are designed to allow traffic to travel comfortably within the legal speed limit.

Leslie Wong supported the project. Twelfth Avenue is a heavily-used major arterial, and many in the area are not comfortable walking, cycling or pushing baby strollers along it. It is also difficult for those in wheelchairs.

MOVED by Councillor McCormick
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

Project No. 605/016

Frits Huckriede and John Grant registered support for the project but did not speak.

MOVED by Councillor Bass
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

Project No. 605/017

MOVED by Councillor Bass
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/018

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/019

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/020

MOVED by Councillor Don Lee
SECONDED by Councillor Louis

CARRIED UNANIMOUSLY

Project No. 605/021

Yeow Lee Chan opposed the project because owners have received no complaints about speeding. Has traffic been monitored to justify the cost?

John Jang, Local Improvements, advised the initiative is based on the potential for shortcutting through this lane.

In response to a question, Elizabeth Norris, Local Improvements Clerk, advised that the local improvement mail-out included notice in several languages.

MOVED by Councillor Clarke
SECONDED by Councillor Price

CARRIED UNANIMOUSLY

Project No. 605/022

MOVED by Councillor Don Lee
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 605/023

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/024

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/025

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/026

MOVED by Councillor Louis
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/027

MOVED by Councillor McCormick
SECONDED by Councillor Price

CARRIED UNANIMOUSLY

Project No. 605/028

MOVED by Councillor Price
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

Project No. 605/029

MOVED by Councillor McCormick
SECONDED by Councillor Kennedy

CARRIED UNANIMOUSLY

Project No. 605/030

MOVED by Councillor Kennedy
SECONDED by Councillor Daniel Lee

CARRIED UNANIMOUSLY

Project No. 605/031

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/032

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/033

MOVED by Councillor Don Lee
SECONDED by Councillor Bass

CARRIED UNANIMOUSLY

Project No. 605/034

MOVED by Councillor Bass
SECONDED by Councillor Daniel Lee

CARRIED UNANIMOUSLY

Project No. 605/035

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/036

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

CARRIED UNANIMOUSLY

Project No. 605/037

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Project No. 605/038

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

Council then considered the Administrative Report dated November 14, 2001.

MOVED by Councillor Clarke
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

The Special Council adjourned at 11:45 p.m.

* * * *


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