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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
JUNE 25, 2002
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, June 25, 2002, 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:Syd Baxter, 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 Councillor McCormick
SECONDED by Councillor Don LeeTHAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2 (1) of the Vancouver Charter, to discuss matters related to paragraphs:
(c) labour relations or employee negotiations;
(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;
(i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)ADOPTION OF MINUTES
1. Business License Hearing - June 11, 2002
MOVED by Councillor McCormick
SECONDED by Councillor SullivanTHAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)2. Regular Council - June 11, 2002
MOVED by Councillor Don Lee
SECONDED by Councillor Daniel LeeTHAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)3. Special Council( Court of Revision) - June 11, 2002
MOVED by Councillor Louis
SECONDED by Councillor PuilTHAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)4. Special Council (Public Hearing) - June 13, 2002
MOVED by Councillor Clarke
SECONDED by Councillor PuilTHAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
SECONDED by Councillor LouisTHAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)REPORT REFERENCE
1. Report of the Sidewalk Task Force
May 14, 2002 (File 3155)
Councillor McCormick introduced the members of the Sidewalk Task Force, and briefly described the Task Force's mandate and work over the past year.
Sharon Townsend and Paul Tubbe, members of the Sidewalk Task Force, presented the report of the Sidewalk Task Force. Council established the Sidewalk Task Force in responseto increasing problems which pedestrians experience in using Vancouver's sidewalks, and in response to a policy shift towards prioritizing pedestrians.
The Task Force report recommends principles to guide development of all policy related to sidewalks and makes recommendation which seek to establish or improve City standards and practices regarding sidewalks.
Before Council were the following:
· Administrative Report dated May 14, 2002, entitled "Report of the Sidewalk Task Force"; and
· Report of the Sidewalk Task Force dated June 2002, entitled "Vancouver - A Walking City: Sidewalk Safety, Access and Ambience for All Pedestrians"
MOVED by Councillor McCormick
A. THAT Council receive the report of the Sidewalk Task Force, dated June 2002, entitled "Vancouver - A Walking City: Sidewalk Safety, Access and Ambience for All Pedestrians", for information.
B. THAT Council thank the members of the Sidewalk Task Force for their dedication and commitment in producing the report.
C. THAT Council direct staff to report back with an implementation plan which identifies how and when each recommendation contained in the report may be implemented.
FURTHER THAT this implementation plan be monitored as part of the regular review of the Transportation Plan initiatives.
D. THAT the Sidewalk Task Force report include the following recommendation: Establish standards for the repair of glass block walkways.
CARRIED UNANIMOUSLY
2. 2003-2005 Capital Plan (File 1611)
Estelle Lo, General Manager of Corporate Services, and Ken Bayne, Director of Financial Planning & Treasury, presented a Report Reference on the 2003 - 2005 Capital Plan.
Ms. Lo and Mr. Bayne presented an overview of, and highlighted the main points includedin, the following documents:
· Administrative Report, dated June 17, 2002, entitled "2003 - 2005 Capital Plan Financial Limits;
· Administrative Report, dated June 15, 2002, entitled "2003 - 2005 Capital Plan Draft Allocation";
· Administrative Report, dated June 12, 2002, entitled "Proposed Joint-Use Project: #1 Kingsway.(a) 2003 - 2005 Capital Plan Financial Limits
June 17, 2002 (File 1611)
MOVED by Councillor Puil
A. THAT Council set the property tax-supported financial limit for the 2003-2005 Capital Plan at $200 million as outlined in the Administrative Report, dated June 17, 2002 entitled "2003 - 2005 Capital Plan Financial Limits", subject to final consideration by Council prior to adoption of the Capital Plan on October 1, 2002.
B. THAT Council set an upper limit of $12.0 million in City-wide Development Cost Levy (DCL) funding within the 2003-2005 Capital Plan based on interim allocations established for the City-wide DCL By-law and on the policies proposed in the Financing Growth Study.
C. THAT Council set the financial limit on the Waterworks Capital Plan at $43.9 million as outlined in the Administrative Report, dated June 17, 2002 entitled "2003 - 2005 Capital Plan Financial Limits".
CARRIED UNANIMOUSLY
(b) 2003 - 2005 Capital Plan Draft Allocation
June 15, 2002 (File 1611)
MOVED by Councillor Clarke
A. THAT Council receive the recommendations of the Corporate Management Team and Staff Review Group for the 2003 - 2005 Capital Plan, THAT the plan be circulated to the public for comment, and THAT the plan be brought back to Council for final adoption on October 1, 2002.
B. THAT Council approve in principle the creation of a "pool" of fundingtotalling $20 million in addition to the financial limit recommended for the Capital Plan to be available to projects that receive senior government cost sharing, and THAT the Director of Finance report back in September on implementation of this "pool" as part of the financing strategy for the 2003 -2005 Capital Plan.
C. THAT Council approve the public consultation program as outlined in the Administrative Report, dated June 15, 2002, entitled "2003 - 2005 Capital Plan Draft Allocation", culminating in a public meeting on the Capital Plan draft allocation on September 17, 2002.
CARRIED UNANIMOUSLY
(c) Proposed Joint-Use Project: #1 Kingsway
June 12, 2002 (File 1611/8016)
MOVED by Councillor Puil
THAT the Administrative Report, dated June 12, 2002, entitled "Proposed Joint-Use Project: #1 Kingsway", be received for information.
CARRIED UNANIMOUSLY
COMMUNICATIONS
1. 2002 UBCM Resolutions
June 24, 2002 (File 3252)
MOVED by Councillor Kennedy
THAT the following resolutions be endorsed for submission to the UBCM Annual Convention.
(a) Enabling Legislation into the Motor Vehicle Act to Include the Operation of Streetcars on City Streets
WHEREAS a streetcar system will operate on the roadway amongst vehicles;
AND WHEREAS a streetcar system can improve transit ridership and reduce the reliance on the car for inner city trips;
AND WHEREAS use of transit facilities has positive effects on the environment;
AND WHEREAS legislation for the use of streetcars existed in the British Columbia Motor Vehicle Act prior to 1951;
AND WHEREAS current restrictive legislation for the use of streetcars exists only within the British Columbia Rail Act.
THEREFORE BE IT RESOLVED that the Minister of Transportation and Highways be asked to consider an amendment to once again allow the operation of streetcar systems on incorporated municipalities' streets.
(b) Video Games Rating System
WHEREAS parents should be aware of the content of video games available for their children through purchase in the marketplace;
WHEREAS violence on electronic, computer and video games is an increasing concern, video games are not rated for content in Canada and, without labeling descriptors, it is difficult for parents to monitor the games and assess the potential impact of the games children play;
WHEREAS there is no current legislated rating system for video games, therefore no standardized information is available to parents to assist them in making appropriate choices;
WHEREAS it appears that the industry has not developed an adequate system for voluntarily rating of video games;
WHEREAS the Provincial Government has not enacted the existing Video Games Act;
THEREFORE BE IT RESOLVED THAT UBCM be requested to ask the Provincial Government to enact regulations requiring a rating system for video games.
CARRIED UNANIMOUSLY
2. Canadian Chinese Entrepreneurs Mexico Trade Committee Trade Delegation Mission to Mexico - August 18-23, 2002
June 21, 2002 (File 1254)
MOVED by Councillor Kennedy
THAT Councillor Don Lee be given approval to represent the City at the Canadian Chinese Entrepreneurs Mexico Trade Committee Trade Delegation Mission to Mexico, August 18 to 23, 2002.
CARRIED UNANIMOUSLY
CITY MANAGER'S ADMINISTRATIVE REPORTS
1. Amendments to the Citizens' Advisory Committee to Vancouver Fire and Rescue Services Terms of Reference
May 24, 2002 (File 3153)
MOVED by Councillor Louis
THAT Council approve the amendments to the Terms of Reference for the Citizens' Advisory Committee to Vancouver Fire and Rescue Services as proposed in the Administrative Report, dated May 24, 2002 entitled "Amendments to the Citizens' Advisory Committee Terms of Reference".
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)2. Stanley Park Infrastructure - Sewer
June 4, 2002 (File 4155)
MOVED by Councillor Bass
THAT the principles of the Letter of Understanding between Engineering Services and the Park Board governing the management of the Stanley Park sanitary sewer system, attached as Appendix I to the Administrative Report, dated June 4, 2002 entitled "Stanley park Infrastructure - Sewer", be approved.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)3. Public Art Allocations From Capital Funds
June 6, 2002 (File 3130)
MOVED by Councillor Don Lee
THAT Council approve a total of $370,000 in allocations from the Public Art Unallocated accounts as follows:
1. $75,000 for the 2002 Community Public Art Program, with specific projects and budgets reported back for Council's consideration at a later date;
2. $150,000 for public artworks at the new City Works Yard;
3. $100,000 for public artworks created in association with the redevelopment of Strathcona Park;
4. $45,000 in project management funds to implement projects above.
Sources of funds are the $250,000, 2002 Basic Capital provision for Public Art and $120,000 unallocated funding from previously closed out public art projects.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)4. Form of Development: 7001 Mont Royal Square
June 11, 2002 (File 2607)
MOVED by Councillor Louis
THAT the final form of development for this portion of the CD-1 zoned site known as 3200 - 3298 East 54th Avenue (7001 Mont Royal Square being the application address) be approved generally as illustrated in the Development Application Number DE406527, prepared by W. T. Leung Architects Inc. and stamped "Received, Community Services, Development Services June 10, 2002", provided that the Director of Planning may approve design changes which would not adversely affect either the development character of this site or adjacent properties.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)5. Renovation of the Central Residence: 42-44 East Cordova Street
June 12, 2002 (File 5101)
MOVED by Councillor McCormick
A. THAT Council approve the renovation of the Central Residence to create 64enlarged SRO units (54 with bathrooms and 10 without) at an estimated total cost of $1,542,000 with funding to be provided from the insurance proceeds for two recent fires in the building ($178,000) and from BC Housing ($1,364,000).
B. THAT Chernoff Thompson Architects be retained to provide architectural services at a fee commensurate with the AIBC Tariff of Fees for such projects.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)6. Tri-Country Conference 2002
June 14, 2002 (File 1310/4551)
MOVED by Councillor Don Lee
THAT Council approve a $5,000 contribution to the 2002 Tri-Country Conference that will be held in Vancouver September 10-13 2002 and will bring together leading experts from the United Kingdom, the United States and Canada to discuss the future of housing policy, source of funds to be the Affordable Housing Fund.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Daniel Lee absent for the vote)
7. Form of Development: 999 West 57th Avenue
June 14, 2002 (File 2605)
MOVED by Councillor Kennedy
THAT the form of development for the CD-1 zoned site known as 7250 Oak Street (999 West 57th Avenue being the application address) be approved generally as illustrated in the Development Application Number DE406022, prepared by Sunrise Development Inc. and stamped "Received, Community Services, Development Services June 13, 2002,", provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)8. Building Board of Appeal Membership
June 14, 2002 (File 3002)
MOVED by Councillor Puil
THAT Messrs. John Wallace, Robert Nelson and Ms. Arlene Henry be reappointed to the Building Board of Appeal for a period of three (3) years, expiring June 30, 2005.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)9. BC Hydro Power Smart Program
June 7, 2002 (File 5806)
MOVED by Councillor Bass
THAT the Administrative Report, dated June 7, 2002, entitled "BC Hydro Power Smart Program" be received for information.
CARRIED UNANIMOUSLY
(Councillor Daniel Lee absent for the vote)10. 2001 Annual Report on Council Remuneration and Expenses
June 6, 2002 (File 1255)
MOVED by Councillor Louis
THAT the Administrative Report, dated June 6, 2002 entitled "2001 Annual Report on Council Remuneration and Expenses" be received for information.
CARRIED UNANIMOUSLY
11. Award of Consulting Contract: Environmental Remediation Plan Preparation and Approval in Principle Submission for Southeast False Creek City Lands
June 11, 2002 (File 8206)
MOVED by Councillor Louis
THAT the Director of Real Estate Services be instructed to retain Morrow Environmental Consultants Inc. to implement the work program primarily to prepare an environmental remediation plan and to submit the plan to appropriate statutoryauthorities for Approval In Principle, at a maximum budget of $1,120,000 plus applicable taxes (source of fund to be the Property Endowment Fund), as detailed in Appendix "A" of the Administrative Report, dated June 11, 2002 entitled "Award of Consulting Contract: Environmental Remediation Plan Preparation and Approval in Principle Submission for Southeast False Creek City Lands ", and the City Manager be authorised to approve consultant contracts.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)12. Provincial Courts Cost Recovery - By-law Fines Processing
June 19, 2002 (File 1756)
MOVED by Councillor Clarke
THAT the City reimburse the Province the amount of $200,000 for the period July 1 to December 31, 2002 (annual amount of $400,000) to provide by-law prosecution through the Provincial Traffic Registry; the source of financing for 2002 be the Contingency Reserve.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)13. Gastown Parkade - Demolition of 125 West Cordova Street Structure
June 11, 2002 (File 5102/8107)
MOVED by Councillor Louis
THAT Council authorize the Director of Facility Design and Management to arrange for and enter into a contract for the demolition of the parking structure located at 125 West Cordova Street, and necessary site preparation including excavation. The cost is estimated not to exceed $3,300,000 with funds provided from the Parking Site Reserve.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)14. Development Permit Board Members' Alternates
June 20, 2002 (File 3104)
MOVED by Councillor Don Lee
THAT Council amend Section 11 of the Development Permit Board and Advisory Panel By-law No. 5869, to enable the Board to convene and conduct its meeting in the event that a Member and his/her appointed Alternate Member(s) is unable to attend, and in this circumstance also authorize the Director of Development Services in his/her capacity as Chair of the Development Permit Board to become a voting Member.
FURTHER THAT the Director of Legal Services be instructed to prepare the amending by-law for enactment.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)CITY MANAGER'S POLICY REPORTS
1. CD-1 Text Amendment - 7250 Oak Street - Porte-Cochère
June 7, 2002 (File 5306)
MOVED by Councillor Don Lee
THAT the Director of Current Planning be instructed to make application to amend CD-1 By-law No. 8457 for 7250 Oak Street (Lot 2, LMP 53218 Block 16A, DL 526) to exclude a porte-cochère from the computation of floor space ratio and to correct a typographical error regarding parking uses;
FURTHER THAT the application be referred to a Public Hearing, together with the draft CD-1 By-law amendments, generally as contained in Appendix A of the Policy Report dated June 7, 2002, entitled "CD-1 Text Amendment - 7250 Oak Street -Porte-Cochère", and be approved;
AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at Public Hearing.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)At 6:15 p.m., Mayor Owen declared Conflict of Interest for Policy Report 2 as he is an investor in property located one block from the site. He left the Council Chamber and Councillor Price assumed the Chair.
2. Comprehensive Development (CD) Rezoning and False Creek North OfficialDevelopment Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street
June 13, 2002 (File 5303/5304)
MOVED by Councillor McCormick
A. THAT the application by Pacific Place Developments Corp. to rezone the sites at 651 Expo Boulevard (portion of Lot 156, except portions in Plans 21735, LMP12037, LMP12038 and LMP13010, False Creek, Plan 21458) and 690 Beatty Street (Lot 7, Plan 4656, Block 49, D.L. 541) from BCPED to CD, be referred to a Public Hearing together with:
(i) revised plans by James KM Cheng Architects received April 23, 2002;
(ii) draft CD By-law generally as presented in Appendix A of the Policy Report, dated June 13, 2002 entitled "Comprehensive Development (CD) Rezoning and False Creek North Official Development Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street"; and
(iii) the recommendation of the Director of Current Planning that the application be approved, subject to conditions as presented in Appendix B of the Policy Report, dated June 13, 2002 entitled "Comprehensive Development (CD) Rezoning and False Creek North Official Development Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street", and subject to approval of the applications in Recommendation C;FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD By-law, generally in accordance with Appendix A of the Policy Report, dated June 13, 2002 entitled "Comprehensive Development (CD) Rezoning and False Creek North Official Development Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street", for consideration at the Public Hearing.
B. THAT the application by Pacific Place Developments Corp. to amend the False Creek North Official Development Plan, By-law No. 6650, be referred to Public Hearing together with draft by-law amendments generally as presented in Appendix C of the Policy Report, dated June 13, 2002 entitled "Comprehensive Development (CD) Rezoning and False Creek North Official Development Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street";
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary By-law, generally in accordance with Appendix C of the PolicyReport, for consideration at the Public Hearing.
C. THAT the Director of Current Planning be instructed to make application to rezone the site at 696 Beatty Street (Lot D, Block 49, DL 541, Plan LMP42064) from BCPED to CD, to allow a residential floor area of 6747 m², and to make application to amend the False Creek North Official Development Plan, By-law No. 6650, to include this site and floor area within Sub-Area 7B of False Creek North, and that the applications be referred to the same Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing.
D. THAT the applicant make application to amend the Sign By-law to establish regulations for this CD District in accordance with Schedule "B" (DD), and that the application be referred to the same Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.
E. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD District in Schedule A;
FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise Control By-law at the time of enactment of the CD By-law.
F. THAT Recommendations A to E be adopted on the following conditions:
(i) THAT the passage of the above resolution creates no legal rights for the applicant or any other person, or obligation on the part of the City; any expenditure of funds or incurring of costs is at the risk of the person making the expenditure or incurring the cost;
(ii) THAT any approval that may be granted following the Public Hearing shall not obligate the City to enact a by-law rezoning the property, and any costs incurred in fulfilling requirements imposed as a condition of rezoning are at the risk of the property owner; and
(iii) THAT the City and all its officials, including the Approving Officer, shall not in any way be limited or directed in the exercise of their authority or discretion, regardless of when they are called upon to exercise such authority or discretion.
CARRIED
(Councillors Bass and Louis opposed)
(Councillor Puil and the Mayor absent for the vote)3. CD-1 Text Amendment: Harbour Green Neighbourhood - 1199 West Hastings -Restaurant
June 11, 2002 (File 5305)
MOVED by Councillor Kennedy
A. THAT the Director of Current Planning be instructed to make application to amend CD-1 By-law No. 7681 for the northerly vacant portion of 1199 West Hastings Street (portion of Lot G, Block 15, DL 185, Plan LMP 29894) to permit a one-storey restaurant, generally in accordance with Appendix A of the Policy Report, dated June 11, 2002 entitled "CD-1 Text Amendment: Harbour Green Neighbourhood - 1199 West Hastings - Restaurant", and that the application be referred to a Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at Public Hearing.
B. THAT, if approved at Public Hearing, the by-law be accompanied at the time of enactment by the amendments to the Harbour Green Neighbourhood CD-1 Guidelines (501 Bute Street), generally in accordance with Appendix B of the Policy Report, dated June 11, 2002 entitled "CD-1 Text Amendment: Harbour Green Neighbourhood - 1199 West Hastings - Restaurant".
CARRIED UNANIMOUSLY
(Councillor Puil and the Mayor absent for the vote)At 6:20 p.m., Mayor Owen returned to the Council Chamber and resumed the Chair.
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
SECONDED by Councillor Sullivan
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)BY-LAWS
1. A By-law to designate heritage property, and to amend Heritage By-law No. 4837 (310 Water Street) (By-law No. 8499)
MOVED by Councillor Bass
SECONDED by Councillor McCormick
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Bass
SECONDED by Councillor McCormickTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillors Kennedy, Daniel Lee, Price, Puil and the Mayor excused from voting)2. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (310 Water Street) (By-law No. 8500)
MOVED by Councillor Bass
SECONDED by Councillor McCormick
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)
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 Bass
SECONDED by Councillor McCormickTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillors Kennedy, Daniel Lee, Price, Puil and the Mayor excused from voting)3. A By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $1,973,165.47 for certain local improvement street work projects, including pavement and curbs, cement walks, lane pavement and speed ramps, and for imposing an annual special rate on real property specially benefitted by such local improvements (By-law No. 8501)
MOVED by Councillor Kennedy
SECONDED by Councillor Daniel Lee
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Kennedy
SECONDED by Councillor Daniel LeeTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)4. A By-law to contract a debt by the issue and sale of debentures in the aggregateprincipal amount of $48,702.98 for certain local improvement lane lighting projects, and for imposing an annual special rate on real property specially benefitted by such local improvements (By-law No. 8502)
MOVED by Councillor Kennedy
SECONDED by Councillor Daniel Lee
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Kennedy
SECONDED by Councillor Daniel LeeTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)5. A By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $10,217.84 for certain local improvement street lighting projects, and for imposing an annual special rate on real property specially benefitted by such local improvements (By-law No. 8503)
MOVED by Councillor Kennedy
SECONDED by Councillor Daniel Lee
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Kennedy
SECONDED by Councillor Daniel LeeTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)6. A By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $225,212.60 for certain local improvement street beautification projects, and for imposing an annual special rate on real property specially benefitted by such local improvements (By-law No. 8504)
MOVED by Councillor Clarke
SECONDED by Councillor Sullivan
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Clarke
SECONDED by Councillor SullivanTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)7. A By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $10,936.52 for certain local improvement traffic circle projects, and for imposing an annual special rate on real property specially benefitted by such local improvements (By-law No. 8505)
MOVED by Councillor Clarke
SECONDED by Councillor Sullivan
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Clarke
SECONDED by Councillor SullivanTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)8. A By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $207,288.52 for a certain local improvement underground wiring project, and for imposing an annual special rate on real property specially benefitted by such local improvements (By-law No. 8506)
MOVED by Councillor Clarke
SECONDED by Councillor Sullivan
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Clarke
SECONDED by Councillor SullivanTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)9. A by-law to amend By-law No. 8093, being the Sewer and Watercourse By-law (Adjustments of 2002 Sewer BOD/TSS/Flow Rates) (By-law No. 8507)
MOVED by Councillor Clarke
SECONDED by Councillor Sullivan
THAT the By-law be introduced and read a first time.CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)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 Clarke
SECONDED by Councillor SullivanTHAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)MOTIONS
A. Administrative Motions
1. RT-7 and RT-8 Guidelines (File 5301)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeTHAT the amended "RT-7 and RT-8 Guidelines" be adopted by Council for use by applicants and staff for development applications in the District.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)2. Pavement, Curbs, Trees and Bulges - Graveley Street from Cotton Drive toCommercial Drive (File 5802)
MOVED by Councillor Don Lee
SECONDED by Councillor McCormickOn February 15, 2000, Council approved a Council initiated pavement, curbs, trees, and bulges project (the "project").
The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.
On October 5, 1971, Council approved giving relief on local improvements charges to homes on flanking higher-zoned lots so that they pay a rate according to their zoning but with a residential level of flankage relief; that the relief be limited to owner-occupied single family dwellings, the ownership of which precedes the assessment of the local improvement charge; and, that the relief apply to local improvements for pavement, curbs, and sidewalks.
On July 22, 1980, Council approved giving special local improvement relief to underdeveloped properties which front on pavement and curb improvements, with the relief to be such that the owners pay only 75% of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; and the relief to commence with projects placed on the tax roll in 1980 for the first time; and, for the Collector of Taxes to be instructed to bring forward each year the list of properties in a formal resolution under section 67 of By-law No. 3614 as amended to give effect to the policy.
On October 16, 1982, Council approved current policies for local improvements remaining in effect except that property owners' rates must never be adjusted lower than residential rates.
On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.
On April 25, 1989, Council approved amending portions of the earlier resolutions to provide that with respect to all qualifying properties, the reduction in taxes for 1989and all succeeding years will be for the remainder of the term of the by-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.
On April 22, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".
On March 8, 1983, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983.
The annual special rate levied by the by-law imposing the local improvement tax expires in 2016.
Certain parcels of real property described as:
(a) PID: 016-946-103, Lot 24, Block 54, District Lot 264A, Plans 409 and 1771 ("Lot 24"); and
(b) PID: 015-158-331, Lot 4, Block 63, District Lot 264A, Plans 704 and 1771 ("Lot 4"), which includes two dwellings;
abut the project.
The owners of each of Lot 24 and Lot 4 (collectively the "lots") have applied for special relief by way of a reduction in taxes.
The zoning for the lots is RM-4 (Multiple Dwelling) under the Zoning and Development By-law.
The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, the lots are eligible for the relief requested.
A special annual assessment for the project imposed on each lot for 15 years if assessed as RM-4 (Multiple Dwelling) would be $434.78.
THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of itsmembers, to:
(a) deem and declare, for the reasons set out in the preamble to this By-law, that the lots are especially inequitably or unjustly affected by such special annual assessment, and, having met the criteria required by the approvals cited in the preamble, will be subject to a reduced special assessment, for the year 2002 and each following year up to and including 2016, of $326.08 for Lot 24 and $362.32 for Lot 4;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the tax rolls against the lots the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for each of the lots out of the general funds of the City.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Puil absent for the vote)3. Pavement, Curbs, Trees and Bulges - McLean Drive from Graveley Street to 1st Avenue (File 5802)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeOn June 20, 2000, Council approved an owner petitioned pavement, curbs, trees, and bulges project (the "project").
The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.
On October 5, 1971, Council approved giving relief on local improvements charges to homes on flanking higher-zoned lots so that they pay a rate according to their zoning but with a residential level of flankage relief; that the relief be limited to owner-occupied single family dwellings, the ownership of which precedes the assessment of the local improvement charge; and, that the relief apply to local improvements for pavement, curbs, and sidewalks.
On July 22, 1980, Council approved giving special local improvement relief tounderdeveloped properties which front on pavement and curb improvements, with the relief to be such that the owners pay only 75% of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; and the relief to commence with projects placed on the tax roll in 1980 for the first time; and, for the Collector of Taxes to be instructed to bring forward each year the list of properties in a formal resolution under section 67 of By-law No. 3614 as amended to give effect to the policy.
On October 16, 1982, Council approved current policies for local improvements remaining in effect except that property owners' rates must never be adjusted lower than residential rates.
On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.
On April 25, 1989, Council approved amending portions of the earlier resolutions to provide that with respect to all qualifying properties, the reduction in taxes for 1989 and all succeeding years will be for the remainder of the term of the by-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.
On April 22, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".
On March 8, 1983, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983.
The annual special rate levied by the by-law imposing the local improvement tax expires in 2016.
Certain parcels of real property described as:
(a) PID: 006-421-709, Lot C of Lots 1 and 2, Block 61, District Lot 264A, Plan 2051 ("Lot C");
(b) PID: 014-083-728, Lot D of Lots 1 and 2, Block 61, District Lot 264A, Plan 2051 ("Lot D"), which includes three dwellings; and
(c) PID: 009-223-321, Lot E, Block 61, District Lot 264A, Plan 10971 ("Lot E"), which includes two dwellings; and
abut the project.
The owners of each of Lot C, Lot D, and Lot E (collectively the "lots") have applied for special relief by way of a reduction in taxes.
The zoning for the lots is RM-4 (Multiple Dwelling) and RM-4N under the Zoning and Development By-law.
The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, the lots are eligible for the relief requested.
A special annual assessment for the project imposed on each lot for 15 years if assessed as RM-4 or RM-4N (Multiple Dwelling) would be $379.60 for Lot C, $373.33 for Lot D, and $1,173.21 for Lot E.
THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of its members, to:
(a) deem and declare, for the reasons set out in the preamble to this By-law, that the lots are especially inequitably or unjustly affected by such special annual assessment, and, having met the criteria required by the approvals cited in the preamble, will be subject to a reduced special assessment, for the year 2002 and each following year up to and including 2016, of $284.70 for Lot C, $326.66 for Lot D, and $586.70 for Lot E;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the tax rolls against the lots the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for eachof the lots out of the general funds of the City.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Puil absent for the vote)4. Pavement, Curbs, Trees and Bulges - 3rd Avenue from Woodland Drive to Commercial Drive (File 5802)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeOn February 15, 2000, Council approved a Council initiated pavement, curbs, trees, and bulges project (the "project").
The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.
On October 5, 1971, Council approved giving relief on local improvements charges to homes on flanking higher-zoned lots so that they pay a rate according to their zoning but with a residential level of flankage relief; that the relief be limited to owner-occupied single family dwellings, the ownership of which precedes the assessment of the local improvement charge; and, that the relief apply to local improvements for pavement, curbs, and sidewalks.
On July 22, 1980, Council approved giving special local improvement relief to underdeveloped properties which front on pavement and curb improvements, with the relief to be such that the owners pay only 75% of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; and the relief to commence with projects placed on the tax roll in 1980 for the first time; and, for the Collector of Taxes to be instructed to bring forward each year the list of properties in a formal resolution under section 67 of By-law No. 3614 as amended to give effect to the policy.
On October 16, 1982, Council approved current policies for local improvements remaining in effect except that property owners' rates must never be adjusted lowerthan residential rates.
On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.
On April 25, 1989, Council approved amending portions of the earlier resolutions to provide that with respect to all qualifying properties, the reduction in taxes for 1989 and all succeeding years will be for the remainder of the term of the by-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.
On April 22, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".
On March 8, 1983, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983.
The annual special rate levied by the by-law imposing the local improvement tax expires in 2016.
Certain parcels of real property described as:
(a) PID: 015-498-484, The West ½ of Lot 5, Block 145, District Lot 264A, Plan 222 and 1771 ("Lot 5 W ½")which includes two dwellings; and
(b) PID: 015-498-506, The East ½ of Lot 5, Block 145, District Lot 264A, Plan 222 and 1771 ("Lot 5 E ½");
abut the project.
The owners of each of Lot 5 W ½ and Lot 5 E ½ (collectively the "lots") have applied for special relief by way of a reduction in taxes.
The zoning for the lots is RM-4 (Multiple Dwelling) under the Zoning and Development By-law.
The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, the lots are eligible for the relief requested.
A special annual assessment for the project imposed on each lot for 15 years if assessed as RM-4 (Multiple Dwelling) would be $329.37 for Lot 5 W ½ and $329.38 for Lot 5 E ½.
THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of its members, to:
(a) deem and declare, for the reasons set out in the preamble to this By-law, that the lots are especially inequitably or unjustly affected by such special annual assessment, and, having met the criteria required by the approvals cited in the preamble, will be subject to a reduced special assessment, for the year 2002 and each following year up to and including 2016, of $274.48 for Lot 5 W ½ and $247.03 for Lot 5 E ½;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the tax rolls against the lots the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for each of the lots out of the general funds of the City.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Puil absent for the vote)5. Lane Paving - Lane east of Laburnum Street from Creelman Avenue to Cornwall Avenue excluding Strata Plan VR711 and Strata Plan VR712 (File 5802)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeOn February 15, 2000, Council approved a Council initiated lane paving project (the "project").
The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.
On July 27, 1976, Council approved giving special relief with respect to lane paving local improvements where properties are used residentially but zoned for higher use, with the relief to be such that they pay only one-half of the rate for their zoning, to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement, to be given on a year-to-year basis as long as the properties remain eligible, and to commence with projects placed on the tax roll in 1977; and instructed the Collector of Taxes to bring forward each year the list of properties in a formal resolution under Section 67 of By-law No. 3614, as amended, to give effect to the foregoing policy.
On November 9, 1982, Council approved a supplement to the policy summarized in the preceding paragraph by providing that current special relief policies for local improvements remain in effect except that property owners' rates not be adjusted lower than residential rates.
On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.
On April 25, 1989, Council approved amending portions of the earlier resolutions to provide that with respect to all qualifying properties, the reduction in taxes for 1989 and all succeeding years will be for the remainder of the term of the by-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.
On August 2, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".
On March 8, 1983, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983.
The annual special rate levied by the by-law imposing the local improvement tax expires in 2016.
That certain parcel of real property described as PID: 013-930-311, Lot 12, Block 185A, District Lot 526, Plan 2301 ("Lot 12") abuts the project.
The owner of Lot 12 has applied for special relief by way of a reduction in taxes.
The zoning for Lot 12 is RM-4 (Multiple Dwelling) under the Zoning and Development By-law.
The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, Lot 12 is eligible for the relief requested.
A special annual assessment for the project imposed on Lot 12 for 15 years if assessed as RM-4 (Multiple Dwelling) would be $171.73.
THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of its members, to:
(a) deem and declare, for the reasons set out in the preamble to this By-law, that Lot 12 is especially inequitably or unjustly affected by such special annual assessment, and, having met the criteria required by the approvals cited in the preamble, will be subject to a reduced special assessment, for the year 2002 and each following year up to and including 2016, of $96.53;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that Lot 12 remains eligible, to enter onto the tax rolls against the lots the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for Lot 12 out of the general funds of the City.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Puil absent for the vote)6. Lane Paving - Lane south of Charles Street, Garden Drive to Nanaimo Street (File 5802)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeOn February 15, 2000, Council approved an owner petitioned lane paving project (the "project").
The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.
On July 27, 1976, Council approved giving special relief with respect to lane paving local improvements where properties are used residentially but zoned for higher use, with the relief to be such that they pay only one-half of the rate for their zoning, to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement, to be given on a year-to-year basis as long as the properties remain eligible, and to commence with projects placed on the tax roll in 1977; and instructed the Collector of Taxes to bring forward each year the list of properties in a formal resolution under Section 67 of By-law No. 3614, as amended, to give effect to the foregoing policy.
On November 9, 1982, Council approved a supplement to the policy summarized in the preceding paragraph by providing that current special relief policies for local improvements remain in effect except that property owners' rates not be adjusted lower than residential rates.
On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.
On April 25, 1989, Council approved amending portions of the earlier resolutions toprovide that with respect to all qualifying properties, the reduction in taxes for 1989 and all succeeding years will be for the remainder of the term of the by-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.
On August 2, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".
On March 8, 1983, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983.
The annual special rate levied by the by-law imposing the local improvement tax expires in 2016.
That certain parcel of real property described as PID: 011-085-622, Lot 10 of Lot C, Block 134, District Lot 264A, Plan 5712 ("Lot 10") abuts the project.
The owner of Lot 10 has applied for special relief by way of a reduction in taxes.
The zoning for Lot 10 is C-1 (Multiple) under the Zoning and Development By-law.
The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, Lot 10 is eligible for the relief requested.
A special annual assessment for the project imposed on Lot 10 for 15 years if assessed as C-1 (Multiple Dwelling) would be $181.88.
THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of its members, to:
(a) deem and declare, for the reasons set out in the preamble to this By-law, that Lot 10 is especially inequitably or unjustly affected by such special annual assessment, and, having met the criteria required by the approvals cited in the preamble, will be subject to a reduced special assessment, for the year 2002and each following year up to and including 2016, of $102.38;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that Lot 10 remains eligible, to enter onto the tax rolls against the lots the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for Lot 10 out of the general funds of the City.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Puil absent for the vote)7. Lane Paving - Lane south of 7th Avenue, McLean Drive to Woodland Drive (File 5802)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeOn February 15, 2000, Council approved a Council initiated lane paving project (the "project").
The City Engineer has certified the project as complete, and Council has enacted a by-law specially assessing, for part of the project costs, the real properties that will benefit from the project.
On July 27, 1976, Council approved giving special relief with respect to lane paving local improvements where properties are used residentially but zoned for higher use, with the relief to be such that they pay only one-half of the rate for their zoning, to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement, to be given on a year-to-year basis as long as the properties remain eligible, and to commence with projects placed on the tax roll in 1977; and instructed the Collector of Taxes to bring forward each year the list of properties in a formal resolution under Section 67 of By-law No. 3614, as amended, to give effect to the foregoing policy.
On November 9, 1982, Council approved a supplement to the policy summarized in the preceding paragraph by providing that current special relief policies for local improvements remain in effect except that property owners' rates not be adjustedlower than residential rates.
On March 8, 1983, Council approved amending portions of the earlier resolutions to provide that special relief applied to owners and occupiers of single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.
On April 25, 1989, Council approved amending portions of the earlier resolutions to provide that with respect to all qualifying properties, the reduction in taxes for 1989 and all succeeding years will be for the remainder of the term of the by-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes will no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes will become null and void.
On August 2, 1992, Council approved extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects".
On March 8, 1983, Council approved giving additional special relief, being the basis for the relief referred to in the preceding paragraph of this preamble, for local improvements in the West End, for owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983.
The annual special rate levied by the by-law imposing the local improvement tax expires in 2016.
Those certain parcels of real property described as;
(a) PID: 007-227-396, Lot 12 except the south 10 feet, now lane of Lot C, Block 155, District Lot 264A, Plans 370 and 1771 ("Lot 12"), which includes two dwelling units; and
(B) PID: 015-386-881, Lot 14 except the north 10 feet now lane, of Lot C, Block 155, District Lot 264A, Plans 370 and 1771 ("Lot 14");
abut the project.
The owners of Lot 12 and Lot 14 (collectively the "lots") have applied for special relief by way of a reduction in taxes.
The zoning for the lots is RM-4 (Multiple Dwelling) under the Zoning and Development By-law.
The Collector of Taxes is satisfied that, under the Council approvals cited in this By-law, the lots are eligible for the relief requested.
A special annual assessment for the project imposed on the lots for 15 years if assessed as RM-4 (Multiple Dwelling) would be $188.88.
THEREFORE COUNCIL RESOLVES, by the votes of not less than two-thirds of its members, to:
(a) deem and declare, for the reasons set out in the preamble to this By-law, that the lots are especially inequitably or unjustly affected by such special annual assessment, and, having met the criteria required by the approvals cited in the preamble, will be subject to a reduced special assessment, for the year 2002 and each following year up to and including 2016, of $127.37 for Lot 12 and $96.53 for Lot 14;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the tax rolls against the lots the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for the lots out of the general funds of the City.
CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Puil absent for the vote)8. Closing a portion of the West side of Hudson Street, North of 73rd Avenue) (File 5753)
MOVED by Councillor McCormick
SECONDED by Councillor BassTHAT 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. The East 7 feet of Lot 1, Block 6, District Lot 318, Plan 1749 has been established for road purposes under Filing DF 48126;
3. The East 7 feet of Lot 2, Block 6, District Lot 318, Plan 1749 has been established for road purposes under Filing DF 38108;
4. The owner of the abutting Amended Lot 1 (see 215782L) and Amended Lot 2 (see 215781L), both of Block 6, District Lot 318, Plan 1749 has made application to purchase the said East 7 Feet of Lot 1 and Lot 2;
5. The said East 7 Feet of Lot 1 and Lot 2 are no longer required for road purposes.
THEREFORE BE IT RESOLVED THAT the said East 7 Feet of Lot 1 and Lot 2, both of Block 6, District Lot 318, Plan 1749, now road, be closed, stopped-up and conveyed to the abutting owner, and
BE IT FURTHER RESOLVED THAT the said East 7 Feet of Lot 1 and Lot 2 be consolidated with the said Amended Lot 1 (see 215782L) and Amended Lot 2 (see 215781L), both of Block 6, District Lot 318, Plan 1749 so as to form a single parcel, to the satisfaction of the Director of Legal Services.
CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)B. Motions on Notice
1. Getting Rid of City Councillors' Car Allowance (File 1255)
At the Council meeting following the Standing Committee on Planning and Environment meeting on June 13, 2002, Councillor Bass submitted the following Notice of Motion, which was recognized by the Chair.
WHEREAS it is City policy to create a sustainable city and to favour pedestrian and bicycle transportation;
AND WHEREAS, City Councillors are now given incentives to use the automobilerather than other modes of transportation;
AND WHEREAS, Vancouver City Councillors now receive a monthly car allowance that totals $2,616.72 annually and this functions as a subsidy to having a car;
THEREFORE BE IT RESOLVED THAT the City of Vancouver
A. Eliminate the car allowance that City Councillors receive and replace it with reimbursement per mile driven in the Councillor's own vehicle;
B. Facilitate use of car pools or car co-ops when Councillors do City business;
C. Track and financially reward Councillors' when they travel by foot or by bicycle or other low-impact form of transportation;
D. Replace the loss of the car-allowance benefit with a compensatory increase in salary of equal value to the car allowance, less other transportation costs.
Councillor Bass declined to move Resolution D in his original notice as follows:
MOVED by Councillor Bass
SECONDED by Councillor LouisWHEREAS it is City policy to create a sustainable city and to favour pedestrian and bicycle transportation;
AND WHEREAS, City Councillors are now given incentives to use the automobile rather than other modes of transportation;
AND WHEREAS, Vancouver City Councillors now receive a monthly car allowance that totals $2,616.72 annually and this functions as a subsidy to having a car;
THEREFORE BE IT RESOLVED THAT the City of Vancouver
A. Eliminate the car allowance that City Councillors receive and replace it with reimbursement per mile driven in the Councillor's own vehicle;
B. Facilitate use of car pools or car co-ops when Councillors do City business;
C. Track and financially reward Councillors' when they travel by foot or by bicycle or other low-impact form of transportation.
Lost
The Mayor ruled discussion on the matter be concluded and a vote taken on the Motion. Councillor Louis challenged the decision of the Chair.
The Chair then put the question:
Shall the decision of the Chair be sustained?
(Councillors Bass and Louis opposed)
A two-thirds majority is required to overrule the decision of the Chair. Therefore, the decision of the Chair was SUSTAINED.
The Mayor then called the vote on Resolutions A, B and C, which LOST with Councillors
Clarke, Kennedy, Don Lee, McCormick, Price, Sullivan and the Mayor opposed. (Councillors Daniel Lee and Puil absent for the vote)2. A Call to the Imperial Tobacco Company and/or Health Canada to End the Free-Money Contest for Smokers Only (File 4105)
The Council granted Councillor Bass leave to waive notice for the following motion:
MOVED by Councillor Bass
SECONDED by Councillor KennedyWHEREAS cigarettes are the #1 preventable cause of death in Vancouver;
AND WHEREAS the Royal Society of Canada has stated that the term "tobacco addiction" should be used, rather than "tobacco habit", thus placing the Imperial Tobacco Company in the business of marketing an addictive & hazardous product;
AND WHEREAS, Imperial Tobacco is promoting a free-money contest associated with the Vancouver Jazz Festival in which the entry form for the contest states:
"The following information is required by law:
I am a smoker and 19 years of age or older and I consent to receiving information about Imperial Tobacco Canada Limited and its affiliated companies. By doing so I agree that my name may be added to the Imperial Tobacco Canada Limited database with the understanding that this information will be used for statistical and marketing purposes...." & this contestserves as an incentive to smoke, that is, to purchase tobacco products;
AND WHEREAS, the Tobacco Act (1997 c. 13) now in force states in Section 29 (Sales promotions) states: "No manufacturer or retailer shall
(a) offer or provide any consideration, direct or indirect, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus premium, cash rebate or right to participate in a game, lottery or contest;"....
THEREFORE BE IT RESOLVED THAT Vancouver City Council
A. Call upon Imperial Tobacco Limited to immediately stop its free-money contest associated with the Vancouver Jazz Festival, and
B. Call upon the Minister of Health of Canada to test in court whether the free-money contest of Imperial Tobacco violates the Tobacco Act of Canada.CARRIED UNANIMOUSLY
(Councillors Daniel Lee and Puil absent for the vote)NOTICE OF MOTION
1. Openness and Transparency of 2010 Olympic Bid (File 4209)
The following Notice of Motion was submitted by Councillor Louis and recognized by the Chair:
WHEREAS, the citizens of Vancouver would like to see openness and transparency from the Vancouver Olympic Bid Corporation;
AND WHEREAS, the City of Vancouver is a partner of the Vancouver Olympic Bid Corporation and also committed to openness and transparency;
AND WHEREAS, the Vancouver Olympic Bid Corporation has submitted its mini-bid book to the International Olympic Committee at the end of May 2002;
AND WHEREAS, competing bid cities such as Bern, Switzerland have made their mini-bid book publicly available on their websites;
AND WHEREAS, citizens in the region have a right to know what the VancouverOlympic Bid Corporation commits them to in terms of public resources;
AND WHEREAS, the Vancouver Olympic Bid Corporation has yet to publicly release their mini bid-book;
THEREFORE BE IT RESOLVED THAT, the City of Vancouver strongly urges the Vancouver Olympic Bid Corporation make its mini-bid book publicly available immediately;
Notice
2. Amendments to the Forest Practices Code (File 6003)
The following Notice of Motion was submitted by Councillor Bass and recognized by the Chair:
WHEREAS, the Forest Practices Code of British Columbia Act, R.S.B.C.1996, c. 159 (the "Code") recognizes that poor forestry operations can cause significant and lasting damage to the natural environment and the interests of non-timber users;
WHEREAS, the Code sought to protect against damage to community watersheds and other ecologically sensitive areas by requiring oversight by the Ministry of Environment, in addition to the Ministry of Forests;
WHEREAS, the current government has enacted the Sustainable Resource Management Statutes Amendment Act, S.B.C. 2002, c. 18, and the Deregulation Statues Amendment Act (No. 2), S.B.C. 2002, c. 25 that remove requirements from the Code of joint sign-off by both the Ministry of Environment (now Water, Land and Air Protection) and the Ministry of Forests;
WHEREAS, the Deregulation Statutes Amendment Act (No .2), in particular, removes joint sign-off in respect of plans governing logging in community watersheds;
AND WHEREAS, loss of the Ministry of Water, Land and Air Protection's expertise and oversight of operations is likely to seriously and negatively impact the environment by failing to ensure good forest management;
THEREFORE, BE IT RESOLVED THAT the City of Vancouver requests that the Government of British Columbia re-establish requirements for sign-off by Ministryof Water, Land and Air Protection to the approval of forest development, and setting objectives for biological diversity.
Notice
ENQUIRIES AND OTHER MATTERS
1. Transportation Allowance (File 1255)
MOVED by Councillor Price
SECONDED by CouncillorTHAT the monthly car allowance currently received by Vancouver City Councillors be renamed Transportation Allowance.
FURTHER THAT Councillors be encouraged to use a variety of transportation modes.
Councillor Louis called Notice under Section 7.2 of the Procedure By-law.
2. Point of Privilege (File 1251)
Councillor Clarke rose on a point of privilege respecting a reference by Councillor Louis concerning the Mayor.
MOVED by Councillor Clarke
SECONDED by Councillor SullivanTHAT Councillor Louis be censured for his pejorative reference to the Mayor.
CARRIED
(Councillors Bass and Louis opposed)
(Councillors Daniel Lee, Don Lee and Puil absent for the vote)3. Point of Privilege (File 1251)
MOVED by Councillor Louis
SECONDED by Councillor BassTHAT the Mayor be censured for closing debate on the Motion on Notice on City Councillors' car allowance.
LOST
(Councillors Clarke, Kennedy, McCormick, Price, Sullivan and the Mayor opposed)
(Councillors Daniel Lee, Don Lee and Puil absent for the vote)
4. Vancouver Emergency Communications VECTOR (File 3604)Councillor McCormick recognized the Vancouver Emergency Community Telecommunications Organization (VECTOR) for their contributions to the City of Vancouver as volunteer ham radio operators. VECTOR is an integral part of the emergency communications system, which would be used by E-COMM in the event of an emergency.
5. Poster Removal off City Property (File 3751)
Councillor Kennedy enquired about charging organizations for removal of posters from City property, such as lampposts. She referred to posters which advertised events and when removed, also took off the paint from the lampposts. The posters clearly identified the organization(s) responsible for the posters. She pointed out the cost to the City of having staff remove posters and repainting the lampposts. Since those who posted the notice which she brought to Council's attention are known, should not the City pursue the recovery of the associated costs.
The City Engineer agreed to follow up.
6. Increase in Drug Related Activities in Collingwood Area (File 4113/8317)
Councillor Clarke advised of complaints from businesses and the Community Police Office in Collingwood about increased drug related activities in the area. She requested the complaints to be forwarded to the Vancouver Police Department.
The City Engineer, representing the City Manager, agreed to follow up.
7. Provision of Vancouver Police Services at Whistler (File 3701)
Councillor Louis requested clarification on the amount of money, if any, spent by the Vancouver Police Department to provide police services in Whistler recently.
The Mayor agreed to follow up with the Vancouver Police Board.
The Council recessed at 7:00 p.m., and
reconvened "In Camera" in the Mayor's Office.* * * * *
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