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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES JUNE 8, 2004 |
A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, June 8, 2004, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.
PRESENT: |
Mayor Larry Campbell
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Syd Baxter, City Clerk
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PRAYER
The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.
PROCLAMATION: AMATEUR RADIO WEEK - File 1051
The Mayor proclaimed the week of June 20 to 26, 2004 as Amateur Radio Week.
PRESENTATIONS: (File 1051)
· SANGHA
Council welcomed Sangha who performed "Eclipse".
· MAYOR'S ENVIRONMENTAL AWARDS
The Mayor presented certificates to the following recipients of this year's Environmental Achievement awards:
· Jennifer Fedorink
· Mountain Equipment Co-op
· Better Environmentally Sound Transportation (B.E.S.T)
· FORED BC
· Ed O'Brien
· Merit of Achievement Awards:
o Lord Roberts Elementary School, with special acknowledgement to student, Neil Goltiano
o Tillicum Elementary School, with special acknowledgement to student, Clark Baselides
Merit of Achievement Awards (Honourable Mention):
o Sir William Van Horne Elementary School, with special acknowledgement to student, Pamela Lee
o Sir Wilfrid Laurier Annex Elementary School, with special acknowledgement to student, Nancy Qin
"IN CAMERA" MEETING
MOVED by Councillor Ladner
SECONDED by Councillor Louie
THAT 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):
(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the city or another position appointed by the city;
(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 receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
CARRIED UNANIMOUSLY
ITEMS ARISING FROM THE "IN CAMERA" MEETING OF MAY 20, 2004
Council approved appointments to the following civic agencies:
· Family Court/Youth Justice Committee
· Advisory Committee on Seniors
· First Shaughnessy Advisory Design Panel
· Chinatown Historic Area Planning Committee
ADOPTION OF MINUTES
1. Regular Council (Transportation and Traffic) - May 4, 2004
MOVED by Councillor Bass
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
2. Regular Council (City Services and Budgets) - May 6, 2004
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
3. Regular Council (Planning and Environment) - May 6, 2004
MOVED by Councillor Roberts
SECONDED by Councillor Cadman
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
4. Regular Council - May 18, 2004
MOVED by Councillor Cadman
SECONDED by Councillor Louie
THAT the foregoing Minutes be approved.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Stevenson
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.
CARRIED UNANIMOUSLY
MATTERS ADOPTED ON CONSENT
MOVED by Councillor Ladner
THAT Council adopt Administrative Reports A1 to A4, A6 to A8, on consent.
CARRIED UNANIMOUSLY
REPORT REFERENCE
1. Report of Electoral Reform Commission (File 1103)
Commissioner Thomas Berger presented a Report Reference on A City of Neighbourhoods: Report of the 2004 Vancouver Electoral Reform Commission. The report presents an overview of the Commission's work, recommendations on the City's electoral system and a rationale for those recommendations.
MOVED by Councillor Louie
A. THAT Council receive the report of the 2004 Vancouver Electoral Reform Commission.
B. THAT Council postpone discussion and consideration of the report to the Regular Council meeting of June 22, 2004.
CARRIED
(Councillor Sullivan opposed)
MOVED by Mayor Campbell
WHEREAS Tom Berger has performed an outstanding service to the people of the City of Vancouver by the thorough, democratic and inclusive way he has conducted the city's Commission on Electoral Reform;
THEREFORE BE IT RESOLVED that Vancouver City Council express its appreciation and gratitude to him on behalf of all the citizens of our city.
CARRIED UNANIMOUSLY
- - - - -
Council recessed at 3:10 p.m. and reconvened at 3:40 p.m. with all members present.
- - - - -
UNFINISHED BUSINESS
1. CD-1 Text Amendment - 2901 East Hastings Street (Hastings Park) (File 5305/8009)
On December 2, 2003, Vancouver City Council postponed consideration of the Policy Report CD-1 Text Amendment - 2901 East Hastings Street (Hastings Park) dated November 17, 2003 until the Council meeting on June 8, 2004. Council also requested staff to provide an information memo on how Council might assist the economic development of the race track and on the option of engaging an economic consultant to work with the track and its employees to sustain the operation of the track.
Before Council were the Policy Report CD-1 Text Amendment - 2901 East Hastings Street (Hastings Park) dated November 17, 2003, and a memorandum, dated May 31, 2004, from the Directors of Current Planning and Social Planning providing relevant additional information.
MOVED by Councillor Louie
THAT the application by Hastings Entertainment Inc. and British Columbia Lottery Corp., to amend CD-1 By-law No. 3656 for 2901 East Hastings Street (Hastings Park) to permit slot machines at Hastings Racecourse, be referred to a Public Hearing together with:
(I) draft CD-1 By-law provisions, generally as presented in Appendix A to the Policy Report CD-1 Text Amendment - 2901East Hastings Street (Hastings Park) dated November 17, 2003; and
(ii) the recommendation of the Director of Current Planning to approve, subject to conditions, including arrangements to ensure that the proponents will not submit a development application until Council has approved a new concept plan for the Pacific National Exhibition in Hastings Park, generally as presented in Appendix B to the Policy Report;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 amending by-law generally in accordance with Appendix A to the Policy Report for consideration at Public Hearing.
CARRIED
(Councillors Bass, Louis and Roberts opposed)
ADMINISTRATIVE REPORTS
1. Business License Hearing Panel for June 10, 2004
May 18, 2004 (File 2711-1)
THAT Council delegate the holding of a business license hearing presently scheduled for June 10, 2004 from 7:30 p.m. to 10:30 p.m. to a panel of three Council Members, pursuant to Section 277.1 of the Vancouver Charter, as follows:
The business license hearing pursuant to Section 275 of the Vancouver Charter regarding a referral to Council by the Chief License Inspector for the year 2004 business license of Thomas McEvoy dba Harmack Enterprises at 566 Powell Street and the power to make a Council decision in relation to that hearing be delegated to:
Councillor Tim Stevenson, Chair
Councillor Sam Sullivan
Councillor Anne Roberts.
Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the hearing be delegated to the remaining two Councillors and alternate Councillor David Cadman.
ADOPTED ON CONSENT
2. Purchase of Thermal Imaging Cameras
May 7, 2004 (File 3651)
THAT Council approve the purchase of 8 Thermal Imaging Cameras at a cost of $184,000 for use by Vancouver Fire and Rescue Services (VFRS). Source of funds to be Contingency Reserve;
FURTHER THAT Council approve an addition to the VFRS Operating budget of approximately $23,000 (figure based on actual replacement cost at that date) annually beginning in 2007 to allow for the replacement and update of these cameras at the rate of one per year.
ADOPTED ON CONSENT
3. City Square - Assignment of Right-of-Way to the Greater Vancouver Sewerage and Drainage District
May 18, 2004 (File 5807)
A. THAT Council authorize the Director of Legal Services to execute, on behalf of the City, an assignment of registered charge R112867 from the City to the Greater Vancouver Sewerage and Drainage District (the "GVS & DD) as the said charge is registered over Lot 4, Except Part in Plan LMP 1503, Block 380, District Lot 526, Plan 21466 at City Square.
B. THAT Council grant Standing Authority to the Director of Legal Services to execute on behalf of the City the assignment of City owned rights-of-way to the GVS & DD when the General Manager of Engineering Services has agreed to such an assignment and the documentation is drawn to the satisfaction of the Director of Legal Services.
ADOPTED ON CONSENT
4. Grants-in-Lieu of City's General Purposes Taxes
May 17, 2004 (File 2205)
THAT Council approve the grants-in-lieu of taxes for general municipal purposes amounting to $7,906.48 as set out in the Administrative Report Grants-in-Lieu of City's General Purposes Taxes dated May 17, 2004, source of funds to be the 2004 Contingency Reserve.
ADOPTED ON CONSENT
5. Updating the Energy Utilization By-law
May 11, 2004 (File 113)
MOVED by Councillor Louie
A. THAT Council approve in general the proposed Vancouver Building By-law amendments as outlined in Appendix A of the Administrative Report Updating the Energy Utilization By-law dated May 11, 2004.
B. THAT the Director of Legal Services be instructed to bring forward the appropriate by-law changes generally in accordance with Appendix A effective September 1, 2004.
C. THAT Council permit the Chief Building Official, in consultation with the Director of Planning, to relax some requirements of the proposed ANSI/ASHRAE/IESNA Standard 90.1 (ASHRAE 90.1) where in the opinion of these officials enforcement of the ASHRAE 90.1 Standard will result in unnecessary hardship including, without limitation, where the incremental cost of full compliance will exceed the discounted value of future energy savings.
D. THAT Council instruct the Chief Building Official to report back by January 1, 2006 on the feasibility of implementing the requirements that may not fully conform to the referenced IES/ASHRAE 90.1 Standard, and propose by-law amendments accordingly.
CARRIED UNANIMOUSLY
6. Renewal Option - Contract PS01019, Supply of Ready-Mixed Concrete
May 18, 2004 (File 1805)
A. THAT, subject to the conditions set out in C, D and E, Council approve the exercise of the renewal options and that agreements be entered into with Lafarge Construction Materials Ltd. and Ocean Construction Supplies Ltd. for ready-mixed concrete picked up by City vehicles from suppliers depots and Kask Bros Ready Mix Ltd. for ready-mixed concrete delivered to City job sites for an additional 12-month period from June 13, 2004 to June 12, 2005, at an estimated annual cost of $2,038,444 plus the GST (less any municipal rebate received) and PST (where applicable) subject to a contract satisfactory to the Director of Legal Services and the Manager of Materials Management.
B. THAT, if Council approves A, and subject to the conditions set out in C, D and E, Lafarge Construction Materials Ltd., Ocean Construction Supplies Ltd. and Kask Bros Ready Mix Ltd. be awarded a contract for a 12-month term, with a subsequent renewal option for one-12 month period.
C. THAT all legal documentation is to be in a form which is satisfactory to the Director of Legal Services, the General Manager of Engineering Services and the Manager of Materials Management.
D. THAT upon approval of the legal documentation by the Director of Legal Services, the General Manager of Engineering Services and the Manager of Materials Management, that the Director of Legal Services and the General Manager of Engineering Services be authorized to execute and deliver the necessary agreement on behalf of City Council.
E. THAT no legal rights or obligations shall arise hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed and delivered by all parties.
ADOPTED ON CONSENT
7. 2003 Annual Report on Council Remuneration and Expenses
May 18, 2004 (File 1255)
THAT the Administrative Report 2003 Annual Report on Council Remuneration and Expenses dated May 18, 2004 be received.
ADOPTED ON CONSENT
8. Form of Development: 651 Expo Boulevard
May 25, 2004 (File 2608)
THAT the form of development for the CD-1 zoned site known as 651 Expo Boulevard be approved generally as illustrated in the Development Application Number DE407454, prepared by James K.N. Cheng Architects and stamped "City of Vancouver, Community Service Group - Development Services April 28, 2004", provided that the Director of Planning approve design changes which would not adversely affect either the development character of this site or adjacent properties.
ADOPTED ON CONSENT
9. Single Room Accommodation Permit for 1261 Granville Street
(The Granville Residence
May 25, 2004 (File 4657)
MOVED by Councillor Green
THAT Council approve a Single Room Accommodation Permit to reduce the number of designated SRA rooms in the Granville Residence (1261 Granville Street) from 100 to 82; and to convert the remaining 82 rooms to include washrooms and cooking facilities.
CARRIED UNANIMOUSLY
MOVED by Councillor Green
THAT Council reiterate its intent to ensure a minimum of one to one replacement of Single Room Occupancy units in Downtown South and the Downtown Eastside.
FURTHERMORE THAT residents who are re-located due to renovations etc. will have right of first refusal for tenancy in the renovated units.
Notice
Councillor Ladner called Notice under Section 5.4(c) of the Procedure By-law. The Mayor agreed to place the Motion on the agenda for the Regular Council meeting on June 22, 2004.
POLICY REPORTS
1. Plaza of Nations: Extension of Delivery Date for Shoreline Protection Works and Ferry Dock
May 12, 2004 (File 1203/5307)
The Chair advised a request to speak has been received. Council agreed to refer consideration of the report to the Standing Committee on Planning and Environment meeting on June 10, 2004 to hear the speaker.
2. Single Room Accommodation By-law: Status Report
May 18, 2004 (File 4657)
MOVED by Councillor Green
A. THAT Council, having issued conversion or demolition permits for the following designated rooms and the work under those permits having been completed, approve the removal of such rooms from Schedule A to the Single Room Accommodation By-law:
· All 33 designated rooms at the Plaza Hotel (806 Richards Street);
· All 8 designated rooms at 511 Union Street;
AND THAT Council, having authorized exemptions from the requirements of the Single Room Accommodation By-law for the following designated rooms, approve the removal of such rooms from Schedule A to the Single Room Accommodation By-law:
· All rooms in the Howard Johnson (1176 Granville Street);
· All rooms in the Ramada Inn and Suites (1221 Granville Street);
· All rooms in the Global Village Backpackers (1018 Granville Street);
· All rooms in the Cambie International Hostel (310 Cambie Street);
· All rooms in the Seymour/Cambie Hostel (515 Seymour Street);
· 38 out of the 42 rooms at the Ambassador Hotel (1212 Granville Street);
FURTHER THAT Council authorize the Director of Legal Services to bring forward an amendment to the Single Room Accommodation By-law removing from Schedule A the rooms listed in A above.
B. THAT Council receive, as information, the overview of policy issues set out in the Policy Report Single Room Accommodation By-law: Status Report dated May 18, 2004, that staff will report back to Council on in spring 2005.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
SECONDED by Councillor Cadman
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Ladner
SECONDED by Councillor Louie
THAT 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 24 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
1. A By-law to levy rates on qualifying real property in the Downtown Vancouver Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8847)
2. A By-law to levy rates on qualifying real property in the Robson Street Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8848)
3. A By-law to levy rates on qualifying real property in the Kerrisdale Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8849)
4. A By-law to levy rates on qualifying real property in the Mount Pleasant Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8850)
5. A By-law to levy rates on qualifying real property in the Gastown Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8851)
6. A By-law to levy rates on qualifying real property in the Davie Village Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8852)
7. A By-law to levy rates on qualifying real property in the South Granville Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8853)
8 A By-law to levy rates on qualifying real property in the Yaletown Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8854)
9. A By-law to levy rates on qualifying real property in the Chinatown Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8855)
10. A By-law to levy rates on qualifying real property in the Commercial Drive Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8856)
11. A By-law to levy rates on qualifying real property in the Marpole Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8857)
12. A By-law to levy rates on qualifying real property in the Strathcona Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8858)
13. A By-law to levy rates on qualifying real property in the Collingwood Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8859)
14. A By-law to levy rates on qualifying real property in the Hastings North Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8860)
15. A By-law to levy rates on qualifying real property in the Kitsilano Fourth Avenue Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8861)
16. A By-law to levy rates on qualifying real property in the Point Grey Village Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8862)
17. A By-law to levy rates on qualifying real property in the Victoria Drive Business Improvement Area (2004 Rate Levying By-law) (By-law No. 8863)
18. A By-law to amend Street and Traffic By-law No. 2849 regarding regulation of fighting (By-law No. 8864)
19. A By-law to amend By-law No. 7522 which amended Zoning and Development By-Law No. 3575 by rezoning an area to CD-1 ((325 West 59th Avenue) (By-law No. 8865)
(Councillor Stevenson and the Mayor excused from voting on By-law 19)
20. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (1226 Homer Street) (By-law No. 8866)
(Councillors Green, Roberts and Woodsworth excused from voting on By-law 20)
21. A By-law to designate certain real property as protected heritage property (1226 Homer Street) (By-law No. 8867)
(Councillors Green, Roberts and Woodsworth excused from voting on By-law 21)
22. A By-law to designate certain real property as protected heritage property (641 East Georgia Street) (By-law No. 8868)
(Councillors Green, Roberts and Woodsworth excused from voting on By-law 22)
23. A By-law to amend Solid Waste and Recycling By-law No. 8417 regarding certain housekeeping amendments (By-law No. 8869)
24. A By-law to amend Vehicles for Hire By-law No. 6066 to change taxicab rates (By-law No. 8870)
MOTIONS
A. Administrative Motions
1. Approval of Form of Development - 325 West 59th Avenue (File 2605)
MOVED by Councillor Louie
SECONDED by Councillor Woodsworth
THAT the form of development for the CD-1 zoned site known as 325 West 59th Avenue be approved generally as illustrated in Development Application No. DE408258 prepared by Integra Architecture Inc., and stamped AReceived, City of Vancouver Planning Department, March 11, 2004@, provid-ed 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
2. Establishing Road, a portion of the west side of Knight Street, south of 54th Avenue, adjacent to 1410 East 54th Avenue (File 5807)
MOVED by Councillor Woodsworth
SECONDED by Councillor Stevenson
THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes lands in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:
All that portion of Lot A (Explanatory Plan 4567) of Lots 14 and 15, Block 7, West ½ of District Lot 738, Plan 1681, as shown heavy outlined on plan of survey completed June 1, 2004, attested to by Eric I. Kaardal, B.C.L.S. and marginally numbered LB810;
AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes.
BE IT RESOLVED that the above described lands to be conveyed are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.
CARRIED
(Councillor Roberts opposed)
3. Pavement, Curbs, Trees and Bulges (Kitchener Street from Commercial Drive to Cotton Drive) (File 5809)
MOVED by Councillor Woodsworth
SECONDED by Councillor Stevenson
PREAMBLE
On December 4, 2001, 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 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 July 16, 1990, 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 2017.
That certain parcel of real property described as PID: 014-967-910, Lot 13, Block 48, District Lot 264A, Plans 1103 and 1771 ("Lot 13"), which includes three dwellings, abuts the project.
The owner of Lot 13 has applied for special relief by way of a reduction in taxes.
The zoning for Lot 13 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 13 is eligible for the relief requested.
A special annual assessment for the project imposed on Lot 13 for 15 years if assessed as RM-4 (Multiple Dwelling) would be $393.77.
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 13 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 2004 and each following year up to and including 2017, of $344.55;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that Lot 13 remains eligible, to enter onto the tax rolls against Lot 13 the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for Lot 13 out of the general funds of the City.
CARRIED UNANIMOUSLY
AND BY THE REQUIRED MAJORITY
4. Lane Pavement (Lane south of 11th Avenue from Victoria Drive to 60 feet east of Commercial Drive) (File 5809)
MOVED by Councillor Woodsworth
SECONDED by Councillor Stevenson
PREAMBLE
On June 12, 2001, Council approved a Council initiated lane pavement 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 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 July 16, 1990, 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 2017.
That certain parcel of real property described as PID: 014-861-542, Lot 45 of Lots C and D, Block 162, District Lot 264A, Plans 1059 and 1771 ("Lot 45") abuts the project.
The owner of Lot 45 has applied for special relief by way of a reduction in taxes.
The zoning for Lot 45 is RM-4N (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 45 is eligible for the relief requested.
A special annual assessment for the project imposed on for 15 years if assessed as RM-4N (Multiple Dwelling) would be $177.67 for Lot 45.
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 45 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 2004 and each following year up to and including 2017, of $116.85 for Lot 45;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that Lot 45 remains eligible, to enter onto the tax rolls against Lot 45 the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for Lot 45 out of the general funds of the City.
CARRIED UNANIMOUSLY
AND BY THE REQUIRED MAJORITY
5. Pavement, Curbs, Trees and Bulges (13th Avenue from Sophia Street to Prince Edward Street) (File 5809)
MOVED by Councillor Woodsworth
SECONDED by Councillor Stevenson
PREAMBLE
On February 11, 2003, 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 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 July 16, 1990, 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 2018.
That certain parcel of real property described as PID: 007-627-840, Lot B of Lot 13, Block 113, District Lot 301, Plan 5117 ("Lot B"), which includes two dwellings, abuts the project.
The owner of Lot B has applied for special relief by way of a reduction in taxes.
The zoning for Lot B is RM-4N (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 B is eligible for the relief requested.
A special annual assessment for the project imposed on Lot B for 15 years if assessed as RM-4N (Multiple Dwelling) would be $425.46.
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 B 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 2004 and each following year up to and including 2018, of $354.62;
(b) direct the Collector of Taxes, so long as the Collector is satisfied that Lot B remains eligible, to enter onto the tax rolls against Lot B the amount of the reduced special assessments; and
(c) provide for the difference between the original and reduced amounts for Lot B out of the general funds of the City.
CARRIED UNANIMOUSLY
AND BY THE REQUIRED MAJORITY
B. Motions on Notice
1. Medical Services Plan (File 1263)
MOVED by Councillor Stevenson
SECONDED by Councillor Cadman
WHEREAS the Province of British Columbia is seeking to privatise the Medical Services Plan records administration;
WHEREAS American companies are seeking to bid on the privatization process;
WHEREAS American companies can be compelled under the US `Patriot Act' Legislation to turn over confidential information controlled by the Corporation to the FBI without notifying Canadian officials or the individuals involved; and
WHEREAS this will result in the confidential information of British Columbia residents being turned over to American government authorities;
NOW THEREFORE BE IT RESOLVED THAT Council request the Provincial Government not privatize our personal medical records to any American company or any affiliate of an American company; and
RESOLVED THAT this resolution be sent to all Vancouver MLAs and the Union of British Columbia Municipalities for action on our behalf.
CARRIED UNANIMOUSLY
NOTICE OF MOTION
1. Community Social Services Funding (File 1263)
Councillor Woodsworth submitted the following Notice of Motion for the Council meeting immediately following the Standing Committee on City Services and Budgets meeting on June 10, which was recognized by the Chair:
WHEREAS community social services are vital to the health and well-being of thousands of British Columbians, especially women, people with disabilities, children and families in need, and the most vulnerable people in our society; and
WHEREAS these critical services are dependent on adequate funding by the provincial government; and
WHEREAS the provincial government has already cut $100 million from the community social services sector since 2001, and plans to cut at least $70 million more before March 31 of this year; and
WHEREAS these cuts are having a devastating impact on families and communities;
THEREFORE BE IT RESOLVED Council send a letter to the BC government calling on Premier Gordon Campbell, Finance Minister Gary Collins, and Minister of Children and Family Development Christy Clark to put on hold any further cuts to community social service funding in the upcoming 2004/2005 budget, and to make every effort to restore program funding to the pre-2001 level.
Notice
NEW BUSINESS
1. Leave of Absence - Mayor Campbell (File 1254)
MOVED by Councillor Louie
SECONDED by Councillor Cadman
THAT Mayor Campbell be granted Leave of Absence due to Civic Business for June 10, 2004.
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. 2004 Water Restrictions (File 3753)
Councillor Louie requested staff to provide a memo advising whether Council should consider an outright ban of certain types of water usage.
2. Control of Types of Phone Booths (File 3701)
Councillor Louie referred to complaints about a phone booth located at an Esso station at Kingsway and Victoria at which drug deals are being conducted. He requested staff to provide a memo on what Council's role would be on controlling types of phone booths.
3. Loss of Cultural Planning Department Staff (File1367)
Councillor Green noted the secondments and retirements of staff in the Cultural Planning Department and requested a memo on how to deal with the loss of staff.
4. Councillors' Correspondence
Councillor Louie referred to correspondence between him and Councillor Sullivan. The Mayor ruled the matter out of order.
Councillor Louie challenged the decision of the Chair.
The Chair then put the question:
Shall the decision of the chair be sustained?
(Councillors Ladner, Louie and Stevenson opposed)
A two-thirds majority of those present is required to overrule the decision of the Chair. Therefore, the decision of the Chair was SUSTAINED.
The Council adjourned at 5:10 p.m.
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