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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
OCTOBER 22, 2002
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 22, 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 George Puil
Councillor Sam SullivanABSENT:
Councillor Gordon Price (Leave of Absence)
CITY 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.
PROCLAMATION: Poppy Week
The Mayor proclaimed the week of November 5 to 11, 2002 as Poppy week in the City of Vancouver.
"IN CAMERA" MEETINGMOVED by Councillor Louis
SECONDED by Councillor ClarkeTHAT 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 paragraph(s):
(d) the security of property of the city;
(h) litigation or potential litigation affecting the City;
(i) the receiving of advice that is subject to solicitor-client privilege, including communication necessary for that purpose.
CARRIED UNANIMOUSLY
ITEMS ARISING FROM THE "IN CAMERA" MEETING OF OCTOBER 8, 2002
· Council approved the following recipients for the 2002 Cultural Harmony Award:
- A First Step Ahead Foundation - Organization Award
- John Halani - Individual Award.ADOPTION OF MINUTES
1. Regular Council (City Services and Budgets) - October 3, 2002
MOVED by Councillor Puil
SECONDED by Councillor McCormickTHAT the foregoing Minutes be adopted.
CARRIED UNANIMOUSLY
2. Regular Council - October 8, 2002
MOVED by Councillor Don Lee
SECONDED by Councillor Daniel LeeTHAT the foregoing Minutes be adopted.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
SECONDED by Councillor Daniel LeeTHAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENT
MOVED by Councillor Puil
THAT Council adopt Administrative Reports 4 to 6, on consent.
CARRIED UNANIMOUSLY
ADMINISTRATIVE REPORTS
1. M.V. Magic Charm - David Charles Kane -
Class `A' (Motor Vessel) Liquor License
September 26, 2002 (File 2612-2)
MOVED by Councillor Kennedy
THAT Council endorse the request by David Kane for a 71-seat Class `A' (Motor Vessel) liquor license on board the M.V. Magic Moment, subject to:
i) Liquor Control and Licensing Branch circular number 552;
ii) Dockside liquor service be limited to 30 minutes prior to departure;
iii) No dockside liquor service be permitted upon a vessel's return to dock;
iv) Dockside liquor service for departing vessels be limited to between 11:00 a.m. and 8:00 p.m. Monday to Sunday;
v) The signing of a Good Neighbour Agreement.
CARRIED UNANIMOUSLY
2. North Foot of Burrard Street - Pride of Vancouver Charters Ltd. -
Class `A' (Motor Vessel) Liquor License
September 26, 2002 (File 2612-2)MOVED by Councillor Kennedy
A. THAT Council endorse the request by Pride of Vancouver Charters Ltd. for a 100-seat Class `A' (Motor Vessel) liquor license on board the M.V. Star of Vancouver, subject to Liquor Control and Licensing Branch circular number 552.
B. THAT Council endorses the application by Pride of Vancouver Charters Ltd. requesting limited dockside liquor service prior to departure of the charter cruise vessels M.V. Star of Vancouver and the M.V. Pride of Vancouver subject to the following conditions:
i) Dockside liquor service be limited to 30 minutes prior to departure;
ii) No dockside liquor service be permitted upon a vessel's return to dock;
iii) Dockside liquor service for departing vessels be limited to between 11:00 a.m. and 8:00 p.m. Monday to Sunday.
iv) The signing of a Good Neighbour agreement.
CARRIED UNANIMOUSLY
3. New Chess Street Works Yard Award of Tender for Mechanical Systems
October 8, 2002 (File 1805)
MOVED by Councillor McCormick
A. THAT Council approve award of Contract No. 1515000 for MechanicalSystems to the low complete tenderer, Fred Welsh Ltd., in the amount of $2,616,722.00 which includes PST and GST (less any municipal rebate received). The funding is to be provided from Yards Basic Capital Account Number 30005178.
B. THAT the General Manager of Engineering Services be authorized to execute and deliver Notices of Award on behalf of the City, and the Director of Legal Services be authorized to execute and deliver contracts No. 1515000 on behalf of the City.
C. THAT no legal rights or obligations will be created or arise by Council's approval of Recommendations A and B unless and until a Notice of Award is executed and delivered by the City to Fred Welsh Ltd.
CARRIED UNANIMOUSLY
4. Award of Tender PS02044 - Supply and Delivery of De-icing Salt
October 7, 2002 (File 1805)
THAT Council accept the low bid meeting specifications and offering best value from Mainroad Contracting Ltd. for the supply and delivery of de-icing salt as, if and when required for a 36-month period from the date of the purchase order, with the option to extend the contract for one or two 12-month periods, at an estimated three (3) year cost of $747,450.00 plus the GST (less any municipal rebate received) and PST (where applicable).
ADOPTED ON CONSENT
5. Rental Agreements: 2111 West 11th Avenue, 2630 Arbutus Street,
2680 Arbutus Street and 2065 West 12th Avenue
October 8, 2002 (File 4657)THAT Council approve rental agreements for 2111 West 11 Ave., 2630 Arbutus St., 2680 Arbutus St., and 2065 West 12th Ave. to restrict the use of the residential space in the buildings to rental housing for ten years and authorize the Director of Legal Services to execute and register such agreements noting that no legal rights or obligations shall arise or be created until all legal documentation is fully executed on terms and conditions to the Director of Legal Services' satisfaction.
ADOPTED ON CONSENT
6. Contract Extensions: Contract No. PS99046 Light Duty Vehicles -
Brand Standardization and Contract No. PS00035 Supply & Delivery
of Ford Light Duty Vehicles
October 3, 2002 (File 1805)THAT Council extend Contract No. PS99046 with Ford Motor Company of Canada Limited to June 30, 2005 for the brand standardization of light duty vehicles, and to extend Contract No. PS00035 with Coastal Ford Sales Limited for a 24-month period for the supply and delivery of Ford light duty vehicles and related services.
ADOPTED ON CONSENT
7. The Vancouver Police Historical Society -
Lease of City-owned Premises at 238-240 East Cordova Street
September 26, 2002 (File 4001)MOVED by Councillor Clarke
A. THAT Council authorize the Director of Legal Services to execute on behalf of the City a lease/operating agreement granting to The Vancouver Police Historical Society (VPHS) a lease of the third floor of the City-owned building located at 238-240 East Cordova Street legally known and described as Lots 25 and 26, BL10 DL196 Plan 184 including a non-exclusive license of a portion of the interior for purposes of access and egress and where permitted, for storage, all for a term of ten years commencing October 1, 2002, for nominal rent under substantially the same terms and conditions as are contained in the draft terms appended to the Administrative Report dated September 26, 2002, entitled "The Vancouver Police Historical Society -Lease of City-owned Premises at 238-240 East Cordova Street", and on such further other terms and conditions as may be acceptable to the Directors of Legal Services, Real Estate Services and the Office of Cultural Affairs, it being noted that no rights or obligations hereby arise or take effect pursuant to this resolution until the agreement has been executed by both the City and the VPHS;
FURTHER THAT Council direct the VPHS to cease occupation of the lower floors of the City-owned building located at 238-240 East Cordova Street.
B. THAT Council approve, in principle, a lease of the City-owned building at 238-240 East Cordova to the Vancouver Police Historical Society (VPHS) at a nominal rent for a term of ten years, subject to confirmation to thesatisfaction of the City Manager within 12 months from the date of this report, that the VPHS has secured commitments for the required capital funds to complete the necessary upgrades; has obtained all necessary approvals; has demonstrated an ability to pay the building operating costs as outlined in the draft lease terms attached to the Administrative Report dated September 26, 2002, entitled "The Vancouver Police Historical Society - Lease of City-owned Premises at 238-240 East Cordova Street"; and Council approval of the requested 1/3 share of the capital costs as a City contribution. The lease terms are to be substantially the same terms and conditions as are contained in the draft terms appended to this report, and on such further other terms and conditions as may be acceptable to the Directors of Legal Services, Real Estate Services and the Office of Cultural Affairs, it being noted that no rights or obligations hereby arise or take effect pursuant to this resolution until the agreement has been executed by both the City and the VPHS.
CARRIED BY THE REQUIRED MAJORITY
(Councillors Bass and Louis opposed)
(i) Vancouver Police Historical Society (VPHS)
October 15, 2002 (File 4001)
Council received a memorandum dated October 15, 2002 from the Deputy City Manager for information.
8. Amendment to Vehicle for Hire By-law No. 6066 -
Private Impoundment Towing Rate and Drop Charge
October 4, 2002 (File 2801)MOVED by Councillor Puil
A. THAT Council approve that the private impoundment towing rate be increased to $62.50 and the drop charge rate increased to $31.00, subject to the towing companies agreeing, in writing, to storage charges of $16.00 for the first 24 hours and $12.00 for each additional 24-hour period.B. THAT, subject to Council approval of the above, the Director of Legal Services prepare the necessary by-law amendments.
CARRIED UNANIMOUSLY
At 2:35 p.m., Mayor Owen declared Conflict of Interest for Administrative Report 9, as hehas a business interest in Central Steam Distribution. Deputy Mayor McCormick assumed the Chair. Mayor Owen left the Council Chamber and did not return until the conclusion of the vote on the report.
9. Heating Plant Conversion, Queen Elizabeth Theatre Additional Fuel Cost
October 10, 2002 (File 4253)
MOVED by Councillor Clarke
THAT Council approve conversion of the existing heating system in the Queen Elizabeth Theatre complex from a gas boiler plant to purchased steam, to be provided by Central Steam Distribution, to comply with new boiler legislation commencing January 2003. Funding for the net additional $50,000 fuel cost is to be provided from an increase in the 2003 Operating Budget.
CARRIED UNANIMOUSLY
(Mayor Owen absent for the vote)At 2:37 p.m. the Mayor returned to the Council Chamber and resumed the Chair.
10. Proposed Lease of a Volumetric Portion of Georgia Street and Dunsmuir Street
October 7, 2002 (File 5104)
MOVED by Councillor Kennedy
A. THAT Council authorize the Director of Legal Services to sign, on behalf of the City, a Reference Plan of survey, to be prepared, and to make application in the Land Title Office to raise title to the portion of Georgia Street, between Beatty Street and Expo Boulevard, the same as shown in heavy outline on the plan attached as Appendix "A" to the Administrative Report dated October 7, 2002, entitled "Proposed Lease of a Volumetric Portion of Georgia Street and Dunsmuir Street".
B. THAT Council close, stop-up and authorize the Director of Legal Services to enter into a lease for the volumetric portion of Georgia Street, generally as shown within the heavy outline and illustrated isometrically on the plan attached as Appendix "B" to the Administrative Report dated October 7, 2002, entitled "Proposed Lease of a Volumetric Portion of Georgia Street and Dunsmuir Street"; subject to the following conditions:
1. The lease to be granted to the owner (the "Lessee") of Lot 291, False Creek, Plan BCP _______ ("Lot 291");
2. The lease to be for the life of the building ("the Costco Building") to be constructed within an Air Space Parcel to be created from Lot 291;
3. The Lessee to have the right to assign the lease to the owner of the Air Space Parcel;
4. The rental for the term to be a nominal sum of $10.00;
5. The lease area to be used only for access, manoeuvring and loading to the Costco Building;
6. The Lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the General Manager of Engineering Services;
7. The City and the utility companies to retain the right of entry, without notice, into the lease area and to temporarily interrupt the lease for installation, removal, maintenance, repair or renewal of any utility, in, under or above the lease area;
8. The City to retain the right of entry to the lease area without notice, and to temporarily interrupt the lease for inspection, maintenance, repair, renewal or removal of the Georgia Viaduct;
9. The lease to specifically exclude, by description, all structural components (columns) of the Georgia Viaduct and to prohibit the attachment of any signs to the Georgia Viaduct, its columns or components;
10. The Lessee to be responsible for the removal of all graffiti on the structural components of the Georgia Viaduct and to ensure no hazardous or flammable materials are stored overnight under the Georgia Viaduct structure;
11. The Lessee to enter a "bridge proximity" agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;
12. The Lessee to be responsible for security within the lease area, including removal of people "camping" under the structure;
13. Arrangements to the satisfaction of the General Manager ofEngineering Services for completion of a fire safety hazard assessment at the cost of the Lessor so as to understand and identify the risks associated with fires and hazardous materials under the Viaduct;
14. The design of any landscaping, grade changes, sidewalk crossings, or other features in and adjacent to the lease area including signage, to be to the satisfaction of the General Manager of Engineering Services;
15. There are to be no permanent structures within the lease area. Any temporary structures shall be to the satisfaction of and will require the written approval of the General Manager of Engineering Services;
16. The lease to contain a provision for the storage of up to seven Department of National Defence vehicles within the lease area, and to provide for unrestricted access to the vehicles including ingress and egress from the lease area, all arrangements to the satisfaction of the General Manager of Engineering Services;
17. Emergency service vehicles to have the right of entry to the lease area at any time;
18. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the General Manager of Engineering Services;
19. The Lessee to assume full responsibility for liabilities, loss and damages from their occupancy or use of the lease area, and to insure the proposed lease area with insurance policies to the satisfaction of the Director of Risk and Emergency Management;
20. The lease to contain such other terms and conditions satisfactory to the Director of Legal Services, Director of Real Estate Services and the General Manager of Engineering Services.
C. THAT Council authorize the Director of Legal Services to sign, on behalf of the City, a Reference Plan of survey, to be prepared, and to make application in the Land Title Office to raise title to the portion of Dunsmuir Street, between Beatty Street and Expo Boulevard, the same as shown in heavy outline on the plan attached as Appendix "C" to the Administrative Report dated October 7, 2002, entitled "Proposed Lease of a Volumetric Portion of Georgia Street and Dunsmuir Street".
D. THAT Council close, stop-up and authorize the Director of Legal Services to enter into a lease for the volumetric portion of Dunsmuir Street, generally as shown within the heavy outline and illustrated isometrically on the plan attached as Appendix "D" to the Administrative Report dated October 7, 2002, entitled "Proposed Lease of a Volumetric Portion of Georgia Street and Dunsmuir Street"; subject to the following conditions:
1. The lease to be granted to the owner (the "Lessee") of Lot 291, False Creek, Plan BCP ______ ("Lot 291");
2. The lease to be for the life of the Building ("the Costco Building") to be constructed within an Air Space Parcel to be created from Lot 291;
3. The Lessee to have the right to assign the lease to the owner of the Air Space Parcel;
4. The rental for the term to be a nominal sum of $10.00;
5. The lease area to be used only for access, manoeuvring, loading and parking for the tire change area of the Costco Building. The lease area is not to be used for changing tires or any other commercial purpose;
6. The Lessee is to maintain the lease area, including responsibility for drainage, in a manner satisfactory to the General Manager of Engineering Services;
7. Access to the lane east of Beatty Street, and the lane north of Lot 291 to be maintained at all times; however the Lessee to put measures in place to ensure Costco customers do not use the lane east of Beatty Street as a shortcut;
8. The City and the utility companies to retain the right of entry without notice, into the lease area and to temporarily interrupt the lease for installation, removal, maintenance, repair or renewal of any utility, in, under or above the lease area;
9. The City to retain the right of entry to the lease area, without notice and to temporarily interrupt the lease for inspection, maintenance, repair, renewal or removal of the Dunsmuir Viaduct;
10. The lease to specifically exclude all structural components (columns) of the Dunsmuir Viaduct and to prohibit the attachment of any signs tothe Dunsmuir Viaduct, its columns or components;
11. The Lessee to be responsible for the removal of all graffiti on the structural components of the Dunsmuir Viaduct and to ensure no hazardous or flammable materials are stored overnight under the Dunsmuir Viaduct structure;
12. The Lessee to enter a "bridge proximity" agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;
13. The Lessee to be responsible for security within the lease area, including removal of people "camping" under the structure;
14. Arrangements to the satisfaction of the General Manager of Engineering Services for the completion of a fire safety hazard assessment, at the cost of the Lessor so as to understand and identify the risks associated with fires and hazardous materials under the Viaduct;
15. The design of any landscaping, grade changes, sidewalk crossing or other features in and adjacent to the lease area including signage, to be to the satisfaction of the General Manager of Engineering Services; and B.C. Hydro with respect to an existing high voltage transmission duct in the lease area;
16. There are to be no permanent structures within the lease area. Any temporary structures shall be to the satisfaction of and will require the written approval of the General Manager of Engineering Services;
17. Emergency Service vehicles to have the right of entry to the lease area at any time;
18. Upon expiry or termination of the lease, the Lessee is to be responsible for restoration of the lease area to the satisfaction of the General Manager of Engineering Services;
19. The Lessee to assume full responsibility for liabilities, loss and damages from their occupancy or use of the lease area, and to insure the proposed lease area with insurance policies to the satisfaction of the Director of Risk and Emergency Management;
20. The lease to contain such other terms and conditions satisfactory to the Director of Legal Services, Director of Real Estate Services and the General Manager of Engineering Services.
E. THAT Council authorize the General Manager of Engineering Services to approve minor and inconsequential amendments to the lease areas, should post-construction surveys reveal minor variations in the area containing the required uses.
F. THAT no legal rights shall arise and no consents, or permissions, are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed, delivered by all parties, and registered in the Land Title Office where applicable.
G. THAT once the form of all legal documentation and plans has been approved by the General Manager of Engineering Services and Director of Legal Services, that the Director of Legal Services be authorized to execute and deliver such documentation and plans on behalf of the City.
CARRIED UNANIMOUSLY
11. Heather Pavilion (2733 Heather Street) - Heritage Revitalization Agreement
October 16, 2002 (File 5051/1203)
MOVED by Councillor McCormick
A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 2733 Heather Street listed on the Vancouver Heritage Register in the "B" category to secure the preservation, stabilization and protection against deterioration and vandalism of the 1906 Heather Pavilion and the two end bays and towers of the 1908 addition and dismantling, quarrying and storage of exterior materials from portions of the 1908 and 1920 additions not being retained.
B. THAT the Director of Legal Services bring forward the by-law for enactment.
CARRIED UNANIMOUSLY
POLICY REPORTS
1. 711 West Broadway (Holiday Inn) - Amendment to Rezoning Condition
October 10, 2002 (File 5303)
MOVED by Councillor McCormick
THAT, condition (c) (i) for the CD-1 text amendment for 711 West Broadway, approved at Public Hearing on July 6, 2000, be amended to read:
"pay to the City $850,000 to be allocated by Council for public amenities within the neighbourhood."
CARRIED UNANIMOUSLY
2. Woodward's Proposal: Heritage Incentive and Housing Agreement -
101 West Hastings Street
October 17, 2002 (File 8104/5051)MOVED by Councillor Puil
THAT Council agree to hear from a representative for the supporters of the Woodward's Squatters for 5 minutes on Policy Report 2.
CARRIED
(Councillors Kennedy, McCormick and the Mayor opposed)MOVED by Councillor Bass
THAT Council refer consideration of Policy Report 2 to a Standing Committee meeting on Thursday, October 24 to hear from interested parties.
LOST (Tie Vote)
(Councillors Daniel Lee, Don Lee, Puil, Sullivan and the Mayor opposed)The following speakers were heard:
· Shannon Bundock
· Beverly Jones
· Erin Budifore- - - - -
Council recessed at 3:40 p.m. and reconvened at 3:45 p.m. with all members of Council present, with the exception of Councillor Daniel Lee.
- - - - -
MOVED by Councillor Puil
A. THAT Council approve in principle a Heritage Revitalization Agreement (HRA) with the potential purchaser, Madison Bellevue Apartments Corporation, to assist in the rehabilitation of the Woodward's building, with the following terms:
· that the density bonus of 100,000 sq. ft. be assigned to the site and be required to be transferred to another Central Area property or properties, also owned by Madison Bellevue, within ten years of enactment of the HRA By-law;
· that the "receiver" site(s) be required to be rezoned to accommodate the bonus density;
· that the rehabilitation and on-going maintenance of the building be secured; andinstruct the Director of Legal Services to prepare the by-law authorizing the Heritage Revitalization Agreement and any agreements pursuant thereto which the Director of Current Planning and the Director of Legal Services consider necessary or desirable, and the Director of Current Planning to arrange for the necessary public notice.
B. THAT Council approve in principle property tax relief to assist in the rehabilitation of the Woodward's building, with the following terms:
· that Woodward's be exempt from any increase in property taxes arising from the redevelopment for a period of 10 years (resulting in the City foregoing property taxes estimated at $838,402 in the first year following occupancy and approximately $8.4 million over 10 years);
· that the property tax relief commence upon the issuance of the first occupancy permit;
· that repayment provisions as provided for in the Vancouver Charter be included;
· that all the taxes forgiven be repaid if there is a default under the Housing Agreement; and
instruct the Director of Legal Services to prepare the by-law authorizing theProperty tax relief and any agreements pursuant thereto which the Director of Finance and the Director of Legal Services consider necessary or desirable, and the Director of Current Planning to arrange for the necessary public notice.
C. THAT Council approve in principle a Housing Agreement for the Woodward's building with the following terms:
· that the residential component of the building remain as rental accommodation for at least 15 years from occupancy;
· that 200 units be made available for funding under CMHC's Residential Rehabilitation Assistance Program (RRAP) and the restrictions imposed by any RRAP funding be secured for 15 years;
· that at least 50 units be made available for provincial rent supplements to accommodate deep core-need households for as long as the residential covenant continues; and
instruct the Director of Legal Services to prepare the by-law authorizing the Housing Agreement by-law and any agreements pursuant thereto which the Director of the Housing Centre and the Director of Legal Services consider necessary or desirable; and
FURTHER THAT Council urge CMHC to provide, out of the local RRAP allocation, funding for a minimum of 100 units [ NOTE: Madison Bellevue have applied for 200 units of RRAP funding but may not receive approval for all 200, hence the minimum request for 100 units] and urge BC Housing to provide rent supplements for at least 50 units for a term of at least 15 years so that households in deep core-need can be accommodated; and direct staff to continue discussions with CMHC and BC Housing regarding the provision of affordability in Woodward's for report back to Council at the meeting at which the Housing Agreement By-law will be discussed.
D. THAT the Heritage Revitalization Agreement by-law, the Property Tax relief by-law and the Housing Agreement by-law be referred to the same Council meeting, early in 2003, at which time delegations will be heard.
Amended
AMENDMENT MOVED by Councillor Louis
THAT Motion C be amended by replacing the number "50" in the third bullet withthe number "100".
CARRIED UNANIMOUSLY
The amendment having carried, Councillor Puil's motion as amended was put and CARRIED UNANIMOUSLY.
MOVED by Councillor Bass
THAT it be the sense of Council that we encourage the police to avoid the use of unnecessary force and the confiscation of personal property in enforcing any injunction at the Woodward's squat.
Not Put
The Chair ruled the motion was out of order.
(i) Woodward's Building Redevelopment -
Encroachment Agreement for Existing Canopies
August 21, 2002 (File 8104/1203)MOVED by Councillor Kennedy
A. THAT Council waive all annual fees for the existing canopies from the "Woodward's Building" at 101 West Hastings Street, that encroach onto Hastings Street, Abbott Street and Cordova Street, generally in the location as shown within the heavy outline on Appendix "A" to the Administrative Report dated August 21, 2002, entitled "Woodward's Building Redevelopment -Encroachment Agreement for Existing Canopies".
B. THAT Council approval of "A" be subject to registration of a standard Encroachment Agreement for the canopies to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.
CARRIED UNANIMOUSLY
- - - - -
Council recessed at 4:10 p.m. and reconvened at 4:20 p.m., with all members of Council present.
- - - - -
PRESENTATION
2002 City of Vancouver Book Awards (File 1051)
The Mayor recognized the following 2002 City of Vancouver Book Awards finalists, and announced A Stolo-Coast Salish Historical Atlas as the winner of this year's Book Award:
· A Stolo-Coast Salish Historical Atlas by Keith Carlson and a team of editors (published by Douglas and McIntyre)
· Burrard Inlet: A History by Dorothy Armitage (published by Harbour Publishing)
· Making a Stone of the Heart by Cynthia Flood (Published by Key Porter Books)
· The Door is Open: Memoir of a Soup Kitchen Volunteer, by Bart Campbell (published by Anvil Publishing).- - - - -
Council recessed at 4:25 p.m. and following a reception in honour of the book award recipients, reconvened in open session at 4:55 p.m. with all members present.
- - - - -
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
SECONDED by Councillor LouisTHAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor McCormick
SECONDED by Councillor ClarkeTHAT Council, except for those members excused as noted in the agenda, enact the by-laws listed on the agenda for this meeting as numbers 1 to 4 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
1. A By-law to amend By-law No. 7648, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (711 West Broadway [705 West Broadway]) (By-law No. 8556)
(Councillor Kennedy excused from voting on By-law 1)
2. A By-law to amend Zoning and Development By-law No. 3575 (Schedule C Landscape Setbacks) (By-law No. 8557)
3. A By-law to amend Noise Control By-law No. 6555 to regulate the hours for testing emergency generators (By-law No. 8558)
4. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (2733 Heather Street) (By-law No. 8559)
MOTIONS
A. ADMINISTRATIVE MOTIONS
1. Closing portion of the lane north of Grandview Highway North, east of Nanaimo Street (File 5807)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeTHAT WHEREAS:
1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
2. There is a proposal to close, stop-up and convey to the abutting owners, one half, each, of the lane north of Grandview Highway North, east of NanaimoStreet, to the lane east of Nanaimo Street;
3. A 16-foot wide lane was dedicated in an east-west direction in Block 8 of the South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 by the deposit of Plan 1187 in 1906;
4. Only a portion of the said portion of lane dedicated by Plan 1187 is still required for municipal purposes;
5. The South 2 feet of each of Lot 1 and Lot 2, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 were established as lane by document filed 47818 (see H13750L);
6. The said South 2 feet of Lot 1, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 is no longer required for municipal purposes;
7. Only a portion of the said South 2 feet of Lot 2, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 is still required for municipal purposes;
8. The North 2 feet of Lot A of Blocks 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban lands was established as lane by document filed 39523;
9. Only a portion of the North 2 feet of Lot A of Blocks 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 is required for municipal purposes;
10. The North East Part of Lot A in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 was established as lane by document filed 61724;
11. The said North-East Part of Lot A in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 is no longer required for municipal purposes;
12. The owners of (P.I.D. 005-922-356), The South 58 feet of Lot A, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 and (P.I.D. 014-942-691), Amended Lot A (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 have made application to the Approving Officer to subdividethe said South 58 feet of Lot A, the said Amended Lot A (Explanatory Plan 4103) and portions of lane to be closed, to create two parcels and to dedicate, back to the City, as lane, the portions of lane still required for municipal purposes.
.
THEREFORE BE IT RESOLVED THAT Council close, stop-up and convey to the owners of the abutting (P.I.D. 005-922-356) The South 58 feet of Lot A, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187; The South 2 feet of both Lot 1 and Lot 2, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 as established lane by document filed 47818 (see H13750L) and All That Portion of the lane north of Grandview Highway North, east of Nanaimo Street as dedicated by the deposit of Plan 1187 and being the same as shown in bold outline on a Reference Plan of survey attested to by Glenn S. Bell, B.C.L.S. on the 14th day of June 2002, and marginally numbered "Our file: 0 LEG 0 5186-1"; andBE IT FURTHER RESOLVED THAT Council close, stop-up and convey to the owner of the abutting (P.I.D. 014-942-691), Amended Lot A (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952; The North 2 feet of Lot A of Blocks 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 as established lane by document filed 39523 and The North East Part of Lot A in Explanatory Plan 4103 of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 as established lane by document filed 61724; and
BE IT FURTHER RESOLVED THAT all those portions of lane to be closed be subdivided with the said abutting (P.I.D. 005-922-356) The South 58 feet of Lot A, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 1187 and the said abutting (P.I.D. 014-942-691) Amended Lot A (Explanatory Plan 4103) of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 and with other established portions of City lane being; (P.I.D. 025-490-036); The East 8.5 feet of Lot A, except the North 2 feet; (P.I.D. 025-490-044), The East 8.5 feet of Lot B; (P.I.D. 016-185-552), The East 8.5 feet of Lot C; and (P.I.D. 016-185-561), The East 8.5 feet of Lot D, except Part in Reference Plan 1747; all of Lots 13 and 14, Block 8, South West 1/4 of Section 34, Town of Hastings Suburban Lands, Plan 2952 to create two parcels and to dedicate as lane those portions of established lane still required for municipal purposes, all to the satisfaction of the Approving Officer.
CARRIED UNANIMOUSLY
2. Approval of Form of Development: CD-1 - 711 West Broadway (File 2604)
MOVED by Councillor McCormick
SECONDED by Councillor Don LeeTHAT the form of development for the CD-1 zoned site known as 711 West Broadway be approved generally as illustrated in Development Application No. DE406619 prepared by Brook Development Planning Inc and Davidson Yuen Simpson Architects and stamped "received, City of Vancouver Planning Department, August 16, 2002", provided that the Director of Planning may approve design changes which would not adversely affect either the development character and livability of this site or adjacent properties.
CARRIED UNANIMOUSLY
B. MOTIONS ON NOTICE
1. Social Sustainability of the Woodward's redevelopment (Files 8104/2606)
At the Council meeting of August 1, 2002, Councillor Bass submitted the following Notice of Motion which was recognized by the Chair:
Council agreed to postpone discussion on the motion until a staff report on the matter was before Council.
MOVED by Councillor Bass
SECONDED by Councillor LouisWHEREAS Woodward's is a major factor in the redevelopment of the Downtown Eastside and of Downtown Vancouver;
AND WHEREAS social sustainability is a central strategy of the City of Vancouver's bid to host the 2010 Winter Olympics;
THEREFORE BE IT RESOLVED THAT Vancouver City Council recommend to the Provincial and Federal Governments that:
a. No development shall go forward that does not include a substantial amount of social housing targeted specifically to assist the present residents of the neighbouring community; and
b. No development shall be approved which does not include significant retail atgrade, and that, to the fullest extent possible, these retail stores should employ and/or be owned by local low-income residents; and
c. Construction jobs associated with the Woodward's redevelopment involve local youth and unemployed persons in employment training programs; and
d. the City of Vancouver should take the leadership role in encouraging the Federal and Provincial Governments, especially through CMHC and BCHMC, to contribute to the provision of financing for the Woodward's project.
Postponed
The Chair advised a request to speak had been received.
MOVED by Councillor Clarke
SECONDED by Councillor McCormickTHAT Council postpone consideration of the Motion to the Public Hearing to be held in early 2003 to consider the Woodward's proposal and hear all speakers at that time.
CARRIED UNANIMOUSLY
NEW BUSINESS
1. Leave of Absence - Councillor Puil (File 1254)
MOVED by Councillor Clarke
SECONDED by Councillor SullivanTHAT Councillor Puil be granted Leave of Absence for the evening of October 22, 2002.
CARRIED
(Councillors Bass and Louis opposed)2. Leave of Absence - Mayor Owen (File 1254)
MOVED by Councillor Clarke
SECONDED by Councillor SullivanTHAT Mayor Owen be granted Leave of Absence for the evening of October 22,2002.
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Compensation for Retail Tenants in Gastown Parkade (File 8107/5104)
Councillor Bass referred to the receipt of a letter from retail tenants currently located in the Gastown Parkade expressing concern about the short notice they have received to relocate. He enquired whether there was some way to compensate the tenants and whether they can be included with the new retail to be established on the site.
City Manager advised a staff person has been assigned to assist the tenants with relocation to other sites. The City will not be offering any compensation, as that would be setting a precedent. The City can introduce the opportunity to relocate the existing tenants on site to the owners, who would have to determine if the relocation is appropriate for the site.
2. Light Duty Vehicles (File 1805)
Councillor Bass referred to the contracts extended for the supply of light duty vehicles (see Administrative Report 6). He requested a memo back clarifying whether the City gives consideration to fuel efficiency and vehicle safety.
The City Manager agreed to request the City Engineer to provide the memo.
3. Neighbourhood Demonstration at Britannia Centre (File 3701)Councillor Louis referred to a recent neighbourhood demonstration at Britannia Centre related to a planned visit by the Premier. He enquired on the arrest of a senior citizen and a child aged 14 years. Councillor Louis enquired as to why the child was not charged and released, but was kept in custody overnight. He asked the Mayor, as Chair of the Police Board, to follow-up with the Police Board.
Mayor agreed to take up the matter with the Police Board.
The Council adjourned at 5:15 p.m.
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