CITY OF VANCOUVER REGULAR COUNCIL MEETING A Regular Meeting of the Council of the City of Vancouver was held on Thursday, August 1, 1996, at 4:10 p.m. in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Clarke, Hemer, Ip, Kennedy, Price and Sullivan ABSENT: Councillor Kwan (Leave of Absence) Councillor Puil CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Nancy Largent COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Clarke, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair. - CARRIED UNANIMOUSLY COMMITTEE REPORTS Report of Standing Committee on Planning and Environment August 1, 1996 Council considered the recommendations of the Committee, as contained in the following clauses of the attached report: Cl. 1: 932 Granville Street: The Roxy Cabaret Ltd. and Siesta Hotel Housing Agreement Cl. 2: Welcome to Kitsilano Sign Cl. 3: Neighbourhood Integrated Service Teams Cl. 4: Orca Bay Sports and Entertainment Application for 1998 All-Star Weekend at Hastings Park Regular Council, August 1, 1996 . . . . . . . . . . 2 COMMITTEE REPORTS (CONT'D) Report of Standing Committee on Planning and Environment August 1, 1996 (cont'd) Clauses 1-4, inclusive MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as set out in Clauses 1 to 4, inclusive, be approved. - CARRIED UNANIMOUSLY UNFINISHED BUSINESS 1. Rezoning: 7400 Oak Street (Oakherst) File: PH 323 On July 23, 1996, City Council concluded the Public Hearing for the rezoning and heritage designation of 7400 Oak Street (Oakherst), and deferred its decision to the Council meeting of July 30th. At its meeting on July 30th, Council again deferred a decision until this meeting, pending receipt of additional information subsequently provided verbally by City staff. Council had before it items 4(a) and 4(b) of the agenda of Public Hearing dated July 21, 1996, reconvened from June 27, 1996 (on file). Following a brief discussion of the issues of density access to public open space, and economic evaluation of park space and heritage house preservation, the following decisions were reached. (a) Rezoning MOVED by Cllr. Hemer, THAT the application be approved, subject to the conditions as set out in the minute of the Public Hearing dated June 27/July 23, 1996, with the following amendments: * Condition B (xviii) be revised to read: design development to provide public accessibility to and through the semi-private open space to the south of the heritage building, from both West 58th and West 59th Avenues, while not compromising security for the adjacent private dwellings; * Cont'd Regular Council, August 1, 1996 . . . . . . . . . . 3 UNFINISHED BUSINESS (CONT'D) Rezoning: 7400 Oak Street (Oakherst) (cont'd) * Condition D be revised by replacing the figure of $150,000 with the figure $247,000; * Clause 5: "Height" in the draft CD-1 By-law be amended by adding the following phrase to section 5.2: For multiple dwellings on the portion of the site not described in section 5.1 the maximum building height above the base surface is 9.2m except that portion of the site south of a hypothetical line drawn 23.5m north of and parallel to 59th Avenue and east of and parallel to a hypothetical line drawn 24.9m west of Laurel Street the maximum building height measured above the base surface is 10.7m. * *Underlining denotes amendment - CARRIED (Councillor Chiavario opposed) (b) Heritage Designation MOVED by Cllr. Hemer, THAT an amendment be brought forward to schedule A of the Heritage By-law to designate the 'A'-listed Parklane heritage house (950 West 58th Avenue) as protected heritage property, subject to the following condition proposed for adoption by resolution of Council: THAT, prior to enactment of the CD-1 By-law for the site, and the enactment of the Heritage by-law, a letter waiving claims for future compensation be signed by the owner, to the satisfaction of the Director of Legal Services. - CARRIED UNANIMOUSLY (Councillors Clarke and Kwan were excused from discussion and voting) Regular Council, August 1, 1996 . . . . . . . . . . 4 UNFINISHED BUSINESS (CONT'D) 2. Form of Development - 1003 Burnaby Street D.E. 401274 - CD-1 By-law Number 7006 File: 5001-6 Owner of Development - Cressey Development Corp. On July 30, 1996, City Council deferred consideration of an Administrative Report (A2) dated July 16, 1996, pending an opportunity to view the model. Ralph Segal, Planner, reviewed the proposed form of development with reference to the model and responded to questions concerning design detail. During the discussion, Council members expressed concern about form of development along Burrard Street generally, and questioned some aspects of the design of this development based on that concern. Rick Scobie, Director of Land Use and Development, cautioned that specific comments regarding the details of this development should have been addressed at an earlier stage. However, it would be quite appropriate for Council to ask staff to report back on the form of development along Burrard Street generally, should it so desire. MOVED by Cllr. Chiavario, THAT the recommendation of the General Manager of Community Services, as contained in the Administrative Report dated July 14, 1996, and quoted below, be approved: THAT the approved form of development for the CD-1 zoned site known as 1255 Burrard Street (1003 Burnaby being the development application address) be generally approved as illustrated in Development Application Number 401274, prepared by Paul Merrick Architects and stamped "Received, City Planning Department May 13, 1996", 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 MOVED by Cllr. Kennedy, THAT staff be instructed to report back on form of development on Burrard Street. - CARRIED UNANIMOUSLY Regular Council, August 1, 1996 . . . . . . . . . . 5 RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Hemer, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. A By-law to amend By-law No.7347, being the Private Property Tree By-law and to repeal By-law No. 7594, being the Interim Tree Removal Prohibition By-law MOVED by Cllr. Ip, SECONDED by Cllr. Hemer, THAT the By-law be introduced and read a first time. - CARRIED UNANIMOUSLY The Bylaw was read a first time and the Presiding Officer declared the Bylaw open for discussion and amendment. There being no amendments, it was MOVED by Cllr. Ip, SECONDED by Cllr Hemer, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law. - CARRIED UNANIMOUSLY Regular Council, August 1, 1996 . . . . . . . . . . 6 BY-LAWS (CONT'D) 2. A By-law to amend By-law No. 5585, being the Zoning and Development Fee By-law MOVED by Cllr. Sullivan, SECONDED by Cllr. Kennedy, THAT the By-law be introduced and read a first time. - CARRIED UNANIMOUSLY 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 Cllr. Sullivan, SECONDED by Cllr. Kennedy, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS 1. Emergency Grant - KidSafe Summer Program File: 2204 Councillors Kennedy and Chiavario advised they have resigned from the KidSafe Project Society Board of Directors. The Councillors were previously disqualified from voting on grants to the Society based on this conflict of interest (Standing Committee on City Services and Budgets, June 27, 1996, item 3 refers). MOVED by Cllr. Kennedy, SECONDED by Cllr. Chiavario, THAT Council approve a one-time emergency grant of $6,280 for the 1996 KidSafe Summer Program, source of funds to be Contingency Reserve. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY Regular Council, August 1, 1996 . . . . . . . . . . 7 ENQUIRIES AND OTHER MATTERS (CONT'D) 2. Impact of RS Zoning on Tree Preservation File: 5301-3 Following the Standing Committee on City Services and Budgets meeting earlier this day, Councillor Clarke requested staff to clarify the possible impact of RS-1, RS-5 and RS-6 zoning on tree preservation. Ken Dobell, City Manager, provided clarification as requested, and also conveyed comments from the Corporation Counsel. Council agreed it would like to discuss this matter further with the relevant officials at a future date. The Mayor so directed. 3. Plaza 500 - Bus Bays File: 5554-3 Further to Council's action of July 30, 1996, Councillor Kennedy noted receipt of a letter from the Plaza 500 hotel citing financial difficulties, and expressed concern over requiring one hotel to construct a bus bay at its own cost while the matter is under review. The City Manager suggested Council may wish to instruct staff to withhold enforcement against tour buses violating the No Stopping regulations on 12th Avenue pending receipt of the report back previously requested. MOVED by Cllr. Kennedy, SECONDED by Cllr. Chiavario, THAT Engineering Services report back on this matter as soon as possible, and that the City Manager be instructed to ensure that aggressive enforcement does not take place until a strategy for dealing with all hotels in similar situations is completed; FURTHER THAT the Plaza 500 hotel be advised it will not be required to proceed with construction of a bus loading bay pending completion of the strategy. - CARRIED UNANIMOUSLY * * * * * The Council adjourned at 5:15 p.m. REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON PLANNING AND ENVIRONMENT August 1, 1996 A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, August 1, 1996, at 2:00 p.m. in Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Price, Chair Mayor Owen Councillor Bellamy Councillor Chiavario Councillor Clarke Councillor Hemer Councillor Ip Councillor Kennedy Councillor Sullivan ABSENT: Councillor Kwan (Leave of Absence) Councillor Puil CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK: Nancy Largent ADOPTION OF MINUTES The minutes of the meeting of July 11, 1996 were adopted as circulated. 1. 932 Granville Street: The Roxy Cabaret Ltd. and Siesta Hotel Housing Agreement Files: 2613/10/ 5101-3 The Committee had before it an Administrative Report dated July 16, 1996 (on file), in which the Manager of the Housing Centre sought Council approval in principle of a housing agreement covering 64 of 75 single rooms in the Siesta Hotel above the Roxy Cabaret street level operation. Terms of the proposed agreement and its limitations were set out in the report. In exchange for this agreement and subject to other conditions, the City would endorse the Roxy Cabaret's application for an increase in seating capacity from 195 to 275 seats. Cont'd Report to Council Standing Committee of Council on Planning and Environment August 1, 1996 Page 2 Clause No. 1 cont'd The General Manager of Community Services recommended approval. However, the Director of Legal Services cautioned that the housing agreement does not have priority over the mortgages on the property, and there is a risk that the housing agreement would be extinguished if foreclosure occurs. The Committee also had before it a July 19, 1996 memorandum from the City Manager (on file), recommending that Council defer approval subject to the owner and the mortgage holders agreeing to priority for the housing agreement, and that staff report back if the subject condition cannot be met. Jill Davidson, Senior Housing Planner, reviewed the proposed housing agreement, and briefly discussed its benefits as well as potential risks to the City. Blaine Culling, Granville Entertainment Corp., explained the ownership structure of the two businesses, and referenced a July 26, 1996 letter from the Laurentian Bank of Canada (on file), declining to allow the City's housing agreement to be registered in priority to the mortgage on the properties. Mr. Culling felt nothing would come of the proposed deferral except more delay. Stressing that the housing agreement would benefit the City by securing low-rent housing, and also by setting a precedent as the first such agreement on SROs, Mr. Culling urged approval. He also suggested Council look closely at its liquor licensing moratorium in Downtown South since it discourages the area's economy. Responding to queries, Ken Dobell, City Manager, explained it is possible the cabaret would continue, with the additional seats, if the housing agreement were lost through foreclosure. Because the housing agreement includes endorsement of a seating increase for the cabaret, it would increase the property value and is, therefore, in the interest of the mortgage holder. Mr. Dobell thought the possibility should be explored before Council makes a decision. The Committee felt the City Manager's recommendation was reasonable. The following motion by Councillor Hemer was put accordingly and carried. Therefore the Committee Cont'd Report to Council Standing Committee of Council on Planning and Environment August 1, 1996 Page 3 Clause No. 1 cont'd RECOMMENDED THAT Council defer approval of the Housing Agreement for 932 Granville Street recommended in the Administrative Report dated July 16, 1996, subject to the owner and the mortgage holders agreeing to priority of the Housing Agreement, and that staff report back if the subject condition cannot be met. - CARRIED UNANIMOUSLY 2. Welcome to Kitsilano Sign File: 2851 The Committee had before it an Administrative Report dated July 23, 1996 (on file), in which the General Manager of Engineering Services reported on the Kitsilano Chamber of Commerce's request to design and install an unlit "Welcome to Kitsilano" sign on City Property at the median dividing Cornwall Street west of Burrard Street, at no cost to the City. The General Manager supported this request, but did not support a further request that the sign be illuminated, with the City paying the added capital and operating costs for the lighting. Sheri Plewes, Community Liaison Engineer, reviewed the request and showed the proposed design. There appears to be community support for the sign, which meets the City policy for such requests. However, illumination is not the standard for such signs; Ms. Plewes explained the rationale with reference to City cost, traffic safety and tastefulness. Bill Stott, Eric de Ridder, and Mel Lehan appeared on behalf of the Kitsilano Chamber of Commerce and requested approval of an illuminated sign which they felt would enhance both safety and ambience, and deter vandalism. The sign is expected to benefit the community and contribute to its identity, and considerable volunteer time has gone into the project. If Council were not inclined to approve City costs at this time, the representatives requested that the issue of costs be deferred to permit them to clarify costs with the Engineering Department, and explore possible funding sources for report back. Evidence of public support for the sign was also discussed. The Committee was amenable to installation of a sign. The majority were also prepared to defer the question of illumination and costs pending further discussion and report back. Cont'd Report to Council Standing Committee of Council on Planning and Environment August 1, 1996 Page 4 Clause No. 2 cont'd The following motion by Councillor Bellamy was amended: THAT the General Manager of Engineering Services be authorized to permit the installation of an unlit "Welcome to Kitsilano" sign on the west median at Burrard and Cornwall Streets, at no cost to the City, with the location and design of the sign to the satisfaction of the General Manager of Engineering Services. The following amending motion by Councillor Chiavario was put and carried. THAT the foregoing motion be amended by deleting the word "unlit" ; FURTHER THAT Engineering staff be instructed to report back following consultation with the community. - CARRIED (Councillors Bellamy, Hemer, Sullivan and the Mayor opposed) The following motion by Councillor Bellamy, as amended, was then put and carried. Therefore, the Committee RECOMMENDED THAT the General Manager of Engineering Services be authorized to permit the installation of a "Welcome to Kitsilano" sign on the west median at Burrard and Cornwall Streets, at no cost to the City, with the location and design of the sign to the satisfaction of the General Manager of Engineering Services; FURTHER THAT Engineering staff be instructed to report back following further consultation with the community. - CARRIED UNANIMOUSLY Report to Council Standing Committee of Council on Planning and Environment August 1, 1996 Page 5 3. Neighbourhood Integrated Services Teams File: 1010 On July 23, 1996, City Council approved the recommendation of the City Manager, as contained in an Administrative Report dated July 12, 1996 (on file), dealing with Neighbourhood Integrated Services Teams. Noting a delegation request from C.U.P.E. Local 1004, Council also invited any delegations wishing to appear on this subject to do so at Standing Committee On August 1, 1996. Bob Mooney, C.U.P.E. Local 1004, had no difficulty with staff doing cross-jurisdictional problem-solving. However, the union objects to enlisting volunteers to do work which should be carried out by City workers. Mr. Mooney referenced several case studies appended to the report which illustrated such use of volunteers. The following motion by Councillor Hemer was put and carried. Therefore the Committee RECOMMENDED THAT the verbal report by C.U.P.E. Local 1004 be received for information. - CARRIED UNANIMOUSLY 4. Orca Bay Sports & Entertainment Application for 1998 All-Star Weekend at Hastings Park File: 8015-6 The Committee had before it an Administrative Report dated July 24, 1996 (on file), which was withdrawn from the July 30, 1996 City Council agenda to permit delegations to be heard. In response to a request from Orca Bay Sports and Entertainment to use Hastings Park for NHL All-Star events in January of 1988, the General Manager of Community Services submitted the following options for Council's consideration: - approve the request generally in accordance with Orca Bay's letter of July 24, 1996 (appended to the Administrative Report), except for item 6 (which would commit the City to meet a variety of NHL bid specifications); or - approve the request generally in accordance with the Park Board's resolution of July 22, 1996 set out in the Administrative Report; or - refuse the request. Cont'd Report to Council Standing Committee of Council on Planning and Environment August 1, 1996 Page 6 Clause No. 4 cont'd The General Manager supported the first of the foregoing options for reasons outlined in his report. The General Manager did not support conditions set out in the Park Board resolution, including demolition of several buildings on the site and turning control over to the Park Board on October 1, 1997. Ted Droettboom, General Manager of Community Services, responded to queries concerning the rationale for his recommendations. Mr. Droettboom felt it was not inappropriate for the City to continue to earn some revenues from the site until a final plan for park restoration is approved. As for demolitions, it would be premature to demolish before construction is ready to proceed on building sites. Queried regarding Orca Bay's request to operate parking for the event and retain the revenues (Orca Bay's item 5), Mr. Droettboom acknowledged this is also a concern and suggested Council may also wish to delete it as well as item 6. David Youngson, Orca Bay Sports and Entertainment, described activities proposed for the event, and indicated that the NHL's long association with the site makes it an especially attractive venue. Doug McAulder, C.U.P.E. Local 1004, supported the recommendations of the General Manager with the exception of the point about parking revenues. The amount is relatively small compared to the sum Orca Bay will be contributing to the restoration of Hastings Park. Mr. McAulder also agreed the Committee should continue to obtain revenues from the site and that no buildings should be demolished until absolutely necessary. Greg Antonson and Steve Varty, site employees, expressed views similar to Mr. McAulder's. They also requested that displaced site employees be utilized for any work in connection with this and any other events approved for the site. Mr. Varty suggested park construction commence at the east end of the site to enable demolitions to be postponed as long as possible. Mariken von Nimwegan and Earl Peach, Hastings Park Working Committee, supported the proposed event but expressed concern over the precedent. They favoured approval of the event in accordance with the aforementioned Park Board resolution. Citing Council's recent decision to permit the PNE to be held on the site in 1997, concern was expressed over the community's perception that Council has lost its enthusiasm for park restoration. The planning process is on track and demolitions should begin as soon as possible as a gesture of good faith, and to encourage corporate donations toward park restoration. Cont'd Report to Council Standing Committee of Council on Planning and Environment August 1, 1996 Page 7 Clause No. 4 cont'd Tom Anselmi, Orca Bay Sports & Entertainment, explained the economic rationale for requesting the parking revenues, which will defer what is expected to be a loss on the event. The All-Star event has not taken place in Canada for five years, and some incentives are needed. Mr. Anselmi pointed out Orca Bay will be contributing $225,000 to park restoration, whereas competitive market rental would be about $125,000. The Committee took exception to the suggestion that Council has lost enthusiasm for the restoration of Hastings Park, noting the lengthy history of Council's involvement, substantial fiscal contribution, and other evidences of commitment. The following motion by Councillor Hemer was put and carried. Therefore, the Committee RECOMMENDED THAT Council agree to Orca Bay's request to use Hastings Park for NHL All-Star events in January of 1998, generally in accordance with terms outlined in Orca Bay's letter of July 24, 1996, with the exceptions of items 5 and 6, subject to a final agreement to the satisfaction of the General Manager of Community Services and the Director of Legal Services; FURTHER THAT the General Manager of Community Services be empowered to discuss the parking revenues with Orca Bay and negotiate a mutually satisfactory agreement regarding item 5, for report back to Council only if necessary. - CARRIED UNANIMOUSLY * * * * * The Committee adjourned at 4:10 p.m.