CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES OCTOBER 8, 1996 A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 8, 1996, in the Council Chamber, commencing at approximately 2:00 p.m. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Clarke, Hemer, Ip, Kennedy, Price, Puil and Sullivan ABSENT: Councillor Kwan (Leave of Absence) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Maria Kinsella PRAYER The proceedings in the Council Chamber were opened with a prayer read by the City Clerk. IN CAMERA MEETING Council was advised there were property matters to be considered In Camera later this day. ADOPTION OF MINUTES 1. Minutes of Special Council Meeting (Public Hearing) September 10, 1996 MOVED by Cllr. Sullivan, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY ADOPTION OF MINUTES (CONT'D) 2. Minutes of Regular Council Meeting (Planning and Environment) September 12, 1996 MOVED by Cllr. Price, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted following an amendment to show that Councillor Puil was absent from the Regular Council portion of the meeting due to Civic Business. - CARRIED UNANIMOUSLY 3. Minutes of Regular Council Meeting September 24, 1996 MOVED by Cllr. Bellamy, SECONDED by Cllr. Ip, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 4. Minutes of Special Council Meeting (Public Hearing) September 24, 1996 MOVED by Cllr. Kennedy, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 5. Minutes of Special Council Meeting (1997-1999 Capital Plan) September 23, 1996 MOVED by Cllr. Hemer, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY ADOPTION OF MINUTES (CONT'D) 6. Minutes of Special Council Meeting Show Cause: Mass Stress Management Limited September 24, 1996 MOVED by Cllr. Hemer, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Chiavario, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair. - CARRIED UNANIMOUSLY MANAGER'S REPORTS 1. Administrative Report September 6, 1996 Contract Extension - Contract No. 58-96-01 - Supply and Delivery of Mineral Aggregates (Landfill) File: 1801-6 MOVED by Cllr. Sullivan, THAT Council approve the extension of the contract to Columbia Bitulithic Ltd., for the supply and delivery of mineral aggregates (landfill), for an additional 12-month period at an annual estimated cost of $615,104, plus the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Sales Tax, where applicable. - CARRIED UNANIMOUSLY MANAGER'S REPORTS (CONT'D) CONFLICT OF INTEREST Councillor Ip declared a conflict of interest on the following matter, and left the room. 2. Administrative Report September 24, 1996 Form of Development - 1267 Marinaside Crescent D.E. 401422 - CD-1 By-law Number 7156 Owner of Development - Concord Pacific Development Ltd. File: 2607-3 MOVED by Cllr. Bellamy, THAT the approved form of development for this portion of the CD-1 zoned site known as 1200-1300 Pacific Boulevard (1267 Marinaside Crescent being the application address) be generally approved as illustrated in Development Application Number DE401422, prepared by Neale Staniszkis Doll Adams Architects and stamped "Received, City Planning Department July 5, 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 (Councillor Hemer absent for the vote on this matter) * * * * Councillor Ip returned to the meeting at this point in the proceedings. * * * * MANAGER'S REPORTS (CONT'D) 3. Administrative Report September 24, 1996 Sale of Residential Lots - 3527, 3566, 3567 and 3576 Petersham Avenue File: 5111 MOVED by Cllr. Kennedy, A. THAT Council accept the Offer to Purchase City-owned Lot 13 NE 1/4 of District Lot 339, Plan LMP 27811 (PID 023-387-858) from Sona Developments Ltd. in the amount of $270,000.06 under the terms and conditions contained in the City's "Offer to Purchase" tender form. B. THAT Council accept the Offer to Purchase City-owned Lot 14 NE 1/4 of District Lot 339, Plan LMP 27811 (PID 023-387-866) from Mrs. G. Pangly in the amount of $270,000.06 under the terms and conditions contained in the City's "Offer to Purchase" tender form. C. THAT Council accept the Offer to Purchase City-owned Lot 34 NE 1/4 of District Lot 339, Plan LMP 27811 (PID 023-388-111) from David Hawrish in the amount of $267,100 under the terms and conditions contained in the City's "Offer to Purchase" tender form. D. THAT Council accept the Offer to Purchase City-owned Lot 38 NE 1/4 of District Lot 339, Plan LMP 27811 (PID 023-388-153) from C.W. Yeung and Agnes Chan in the amount of $267,000 under the terms and conditions contained in the City's "Offer to Purchase" tender form. - CARRIED UNANIMOUSLY MANAGER'S REPORTS (CONT'D) 4. Administrative Report September 12, 1996 Award of Tender No. 53-96-01 - Supply and Delivery of Merchant Steel File: 1801-6 MOVED by Cllr. Bellamy, THAT Council accept the following bids for the supply and delivery of merchant steel, as, if, and when required, for a 12-month period from the date of the purchase order, subject to contracts satisfactory to the Director of Legal Services: ESTIMATED FIRM DETAIL AMOUNT A.J. Forsyth & Item #s 25, 26 & 27 - sole bid $ 66,382 Co. Ltd. Wilkinson Steel & Item #s 1 to 24 & 28 - best value $498,411 Metals plus the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Sales Tax. - CARRIED UNANIMOUSLY 5. Administrative Report September 24, 1996 Public Art Allocations File: 2054-2 In an Administrative Report dated September 24, 1996, the Director of Cultural Affairs recommended grants of $2,000 each for art materials for artist projects at the Thunderbird Neighbourhood Association and the False Creek, Dunbar and Kitsilano Community Centre Associations. Members of Council noted that the Kitsilano Community Centre Association project involved a tricycle-driven communication cart and questioned whether this would add undue noise to the community. Responding to questions from members of Council, Mr. Bryan Newson, Public Art Program Manager, advised he would ensure that the community suffers from no undue noise impacts as a result of this project. Cont'd MANAGER'S REPORTS (CONT'D) Administrative Report September 24, 1996 (cont'd) Public Art Allocations (cont'd) MOVED by Cllr. Puil, THAT Council approve grants of $2,000 to each of the following three Community Centres and one Neighbourhood Association, for a total allocation of $6,000: - False Creek Community Centre Association - Dunbar Community Association - Thunderbird Neighbourhood Association; source of funds to be the 1996 Community Public Art Unallocated Budget. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY MOVED by Cllr. Chiavario, THAT Council approve a grant of $2,000 to the Kitsilano Community Centre Association, source of funds to be the 1996 Community Public Art Unallocated Budget. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY 6. Administrative Report September 27, 1996 Renewal of Fiscal Agency Agreement File: 1501-3 MOVED by Cllr. Price, A. THAT Council authorize the Director of Finance to conclude a renewal of the Fiscal Agency Agreement on behalf of the City with RBC Dominion Securities Inc., in essentially the same form as the expiring agreement. The term will be for three years commencing on January 1, 1997 and expiring on December 31, 1999, subject to cancellation by either party on 60 days notice. Cont'd MANAGER'S REPORTS (CONT'D) Administrative Report September 27, 1996 (cont'd) Renewal of Fiscal Agency Agreement (cont'd) B. THAT, prior to the issuance of any debentures under the renewed agreement, the Director of Finance be instructed to report the terms and conditions of a prospective issue to City Council or, if Council is unable to meet, to the Mayor, the Chair of the City Services and Budgets Committee and the City Manager for approval. - CARRIED UNANIMOUSLY 7. Administrative Report September 30, 1996 Roundhouse Childcare Centre/ Concord Presentation Centre Proposal Files: 4102-6/1203 MOVED by Cllr. Puil, A. THAT Council approve the temporary relocation of the Concord Presentation Centre on the Roundhouse school/childcare site as per the terms and conditions noted in Appendix I of the Administrative Report dated September 30, 1996, on the understanding that Concord will proceed with delivering its Roundhouse childcare requirement for a September 1, 1998 opening. B. THAT Council require Concord to pay all extra costs as per the terms and conditions noted in Appendix I of the Administrative Report dated September 30, 1996. C. THAT Council authorize the Director of Legal Services to amend the existing Roundhouse childcare legal agreements with Concord to include the terms and conditions noted in Appendix I of the Administrative Report dated September 30, 1996, and to execute an agreement to license at a nominal rate, from the date that land title is turned over to the City until September 30, 2002. - CARRIED UNANIMOUSLY MANAGER'S REPORTS (CONT'D) 1. Policy Report September 25, 1996 Rezoning Application - 3001 Wall Street (CD-1) File: 5308-3 MOVED by Cllr. Puil, THAT the Director of Land Use and Development be advised to process the application by Baker McGarva Hart Inc. (Architects) to rezone 3001 Wall Street from CD-1 (Industrial) to a new CD-1 (Residential) in the normal manner. - CARRIED UNANIMOUSLY 2. Policy Report September 23, 1996 "A Health Plan for Vancouver" Discussion Paper File: 4101-6 As a delegation request was received on this policy report, Council deferred consideration of this item until the October 24, 1996 meeting of the Standing Committee on City Services and Budgets. RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Kennedy, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF THE COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. A By-law to amend By-law No. 7156, being a By-law which amended the Zoning & Development By-law by rezoning an area to CD-1 (1202-1389 Pacific Boulevard) MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, 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. Clarke, SECONDED by Cllr. Bellamy, 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 (Councillors Ip, Kennedy, Price and Puil were excused from voting on By-law 1) BY-LAWS (CONT'D) 2. A By-law to amend By-law No. 7200, being a By-law which amended the Zoning & Development By-law by rezoning an area to CD-1 (1599 Coal Harbour Quay) MOVED by Cllr. Bellamy, SECONDED by Cllr. Clarke, 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. Bellamy, SECONDED by Cllr. Clarke, 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 (Councillors Kennedy, Price and Puil were excused from voting on By-law 2) 3. A By-law to Authorize Council Entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (1638 Marpole Avenue) MOVED by Cllr. Bellamy, SECONDED by Cllr. Chiavario, 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. Cont'd BY-LAWS (CONT'D) A By-law to Authorize Council Entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (1638 Marpole Avenue) (cont'd) There being no amendments, it was MOVED by Cllr. Bellamy, SECONDED by Cllr. Chiavario, 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 (Councillors Ip, Kennedy, Kwan and Price were excused from voting on By-law 3) 4. A By-law to amend By-law No. 6134, being the Building By-law (Increase in Permit Fees) MOVED by Cllr. Sullivan, SECONDED by Cllr. Hemer, 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. 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 MOTIONS A. Allocation of Land for Lane Purposes (East 2 feet of Lot 17, Block 11, District Lots 668 to 670, Plan 1860) File: 5807 MOVED by Cllr. Price, SECONDED by Cllr. Clarke, THAT WHEREAS the registered owner will be conveying to the City of Vancouver for lane purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows: City of Vancouver Parcel Identifier: 014-262-223 The East 2 feet of Lot 17 Block 11 District Lots 668 to 670 Plan 1860 AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for lane purposes; BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for lane purposes and declared to form and to constitute a portion of a lane. - CARRIED UNANIMOUSLY MOTIONS (CONT'D) B. Allocation of Land for Road Purposes (All that portion of Lot 8, except the West 7 feet of Lots 6 and 7, Blocks 1 to 6 and 12 of Block C, District Lots 319, 323 and 324, Plan 2167, Group 1, NWD) File: 5807 MOVED by Cllr. Kennedy, SECONDED by Cllr. Bellamy, 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 8, except the West 7 feet, of Lots 6 and 7, Blocks 1 to 6 and 12 of Block C, District Lots 319, 323 and 324, Plan 2167, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 3rd day of September 1996, attested by A. Di Nozzi, B.C.L.S., and marginally numbered LD 3329, a print of which is attached hereto. 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 UNANIMOUSLY C. Closing Portions of Rupert Street between Hastings Street and Pender Street; Hastings Street east of Rupert Street; the lane east of Rupert Street from Hastings Street to Pender Street and the lane south of Hastings Street east of the lane east of Rupert Street File: 5753-3 MOVED by Cllr. Kennedy, SECONDED by Cllr. Bellamy, THAT WHEREAS: 1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver; Cont'd MOTIONS (CONT'D) Closing Portions of Rupert Street between Hastings Street and Pender Street; Hastings Street east of Rupert Street; the lane east of Rupert Street from Hastings Street to Pender Street and the lane south of Hastings Street east of the lane east of Rupert Street (cont'd) 2. There is a proposal to develop City-owned lands, Lots 1 and 9 to 15, each except the portions in Plan 4299 and Highway Plan 46 and Lots 2 to 8 and 28 to 32, all of Lot 60, Town of Hastings Suburban Lands, Plan 330, at the Southeast corner of Hastings Street and Rupert Street. 3. The proposal requires the closure of: a) Rupert Street between Hastings Street and Pender Street dedicated by the deposit of Plan 100; and b) Portions of Hastings Street east of Rupert Street being "Those portions of Lots 1 and 9 to 15, in Plan 4299, all of Lot 60, Town of Hastings Suburban Lands, Plan 330", each established as road by documents B78131L, B78132L and B78133L; and c) Portions of Hastings Street east of Rupert Street being "Those portions of Lots 1 and 9 to 15, on Highway Plan 46, all of Lot 60, Town of Hastings Suburban Lands, Plan 330", each dedicated as road by Form 12's filed as BJ182886 to BJ182893, inclusive; and d) All the lane east of Rupert Street, from Hastings Street to Pender Street dedicated by the deposit of Plan 330; and e) All the lane south of Hastings Street from the lane east of Rupert Street to the northerly production of the easterly limit of Lot 28 of Lot 60, Town of Hastings Suburban Lands, Plan 330, dedicated by the deposit of Plan 330; 4. Only a portion of the said City roads and lanes to be closed are required for road purposes; Cont'd MOTIONS (CONT'D) Closing Portions of Rupert Street between Hastings Street and Pender Street; Hastings Street east of Rupert Street; the lane east of Rupert Street from Hastings Street to Pender Street and the lane south of Hastings Street east of the lane east of Rupert Street (cont'd) 5. The City will be re-subdividing the said roads and lanes to be closed with the abutting City-owned Lots 1 and 9 to 15, each except the portions in Plan 4299 and Highway Plan 46 and Lots 2 to 8 and 28 to 32; all of Lot 60, Town of Hastings Suburban Lands, Plan 330, dedicating new roads and providing servicing rights-of-way as required. THEREFORE BE IT RESOLVED THAT all those portions of: 1. Road dedicated by the deposit of Plan 100 and adjacent to Lots 1 to 8, all of Lot 60, Town of Hastings Suburban Lands, Plan 330; 2. Lane dedicated by the deposit of Plan 330 and adjacent to Lots 1 to 13 and 28 to 32, all of Lot 60, Town of Hastings Suburban Lands, Plan 100; 3. Road dedicated by the deposit of Form 12's filed as BJ182886 to BJ182893, inclusive and being Those portions of Lots 1 and 9 to 15 on Highway Plan 46, all of Lot 60, Town of Hastings Suburban Lands, Plan 330; all as shown heavy outlined on a Reference Plan of survey completed on the 8th day of October, 1996 attested to by Grant Butler, B.C.L.S. and marginally numbered DWG: 95569-4, Rev. 2; and 4. Lots 1 and 9 to 15 in Plan 4299, all of Lot 60, Town of Hastings Suburban Lands, Plan 330, established as road by documents filed B78131L, B78132L and B78133L; be closed, stopped-up and re-subdivided with the abutting City-owned Lots 1 and 9 to 15, each except the portions in Plan 4299 and Highway Plan 46 and Lots 2 to 8 and 28 to 32, all of Lot 60, Town of Hastings Suburban Lands, Plan 330, dedicating required new roads and providing service rights-of-way to the satisfaction of the Approving Officer. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS 1. Leave of Absence - Councillor Kwan File: 1254 MOVED by Cllr. Bellamy, SECONDED by Cllr. Kennedy, THAT Councillor Kwan be given Leave of Absence for the October 8, 1996 Regular Council meeting. - CARRIED UNANIMOUSLY (Councillor Chiavario absent for the vote) 2. Withholding of Enforcement West 15th Avenue File: 2605-3 Councillor Clarke referred to correspondence received regarding a pergola in a yard on West 15th Avenue, and a difference of opinion arising between two property owners. The Director of Land Use and Development has agreed to meet with the two parties to discuss this issue. MOVED by Cllr. Clarke, SECONDED by Cllr. Ip, THAT Council direct the Director of Permits and Licenses to withhold enforcement to enable staff to have an opportunity to address conflict between the neighbours. - CARRIED UNANIMOUSLY 3. City Position on Casino Gambling File: 2633-3 Councillor Clarke referred to an article in the October 8, 1996, Vancouver Sun, in which the Honourable Dan Miller, Minister of Municipal Affairs stated that Vancouver would be an acceptable location for casino gambling. This announcement runs contrary to the results which emerged from the extensive public process that was conducted by the City of Vancouver in 1994, when the issue of casino gambling was raised. MOVED by Cllr. Clarke, SECONDED by Cllr. Ip, THAT the report on gambling, Council motions arising from this report, the UBCM motions, and all other pertinent information be assembled into a package and distributed to the Minister and all Members of the Legislative Assembly; Cont'd ENQUIRIES AND OTHER MATTERS (CONT'D) City Position on Casino Gambling (cont'd) THAT the Mayor, on behalf of Council, write to the Premier and Deputy Premier reiterating Council's position; THAT the City of Vancouver request a meeting with the Minister of Municipal Affairs and Vancouver MLAs to advise them of the City's position regarding gambling in Vancouver; and FURTHER THAT all Council motions arising from the 1994 public consultation process be circulated to GVRD Board members and member municipalities. - CARRIED UNANIMOUSLY During discussion of the foregoing matter, members of Council also suggested that a report arising from a request by the Vancouver Liquor Licensing Commission identifying locations of licensed establishments in Vancouver where there may be sensitive or at risk clientele, be forwarded to the same persons referenced in the foregoing motion. Council was also advised that the Lower Mainland Treaty Negotiation Committee have been unsuccessful in obtaining information from the Province regarding the possibility of gambling on Reserves, and it was suggested the City request the Provincial Government to advise of their plans in this regard. 4. Problem Premises - Hastings Street Files: 1010/2701-6 Councillor Bellamy referred to recent correspondence circulated to Council from the Police Department regarding two problem premises on Hastings Street, and urged that appropriate measures be undertaken to bring these businesses to a Show Cause Hearing. 5. Unlicensed Horse and Carriage Business File: 2801-3 Councillor Chiavario referred to an unlicensed business currently providing horse and carriage rides. The owner of this business has circumvented licensing requirements by stating that he is not charging for rides, but rather accepts donations. The Councillor requested staff take appropriate steps to correct this matter. The Mayor so directed. ENQUIRIES AND OTHER MATTERS (CONT'D) 6. Lower Mainland Treaty Advisory Committee File: 3139 Councillor Chiavario referred to an update bulletin from the Lower Mainland Treaty Advisory Committee which will be forwarded to the City Clerk for distribution. 7. Proportional Governance Proposal Additional Information File: 132 Councillor Sullivan requested that the City Clerk distribute additional information to voters on the Proportional System of Government. The City Clerk agreed to follow up on this matter. * * * * Council recessed at 3:05 p.m., and following an "In Camera" meeting in the Mayor's Office, reconvened at 4:00 p.m., with the same members present with the exception of Councillor Kennedy. * * * * CIVIC RECOGNITION Their Excellencies, Governor-General Romeo LeBlanc and Madame LeBlanc paid an official visit to City Hall. During the visit, His Excellency and Vancouver Council recognized Vancouver athletes who participated in the 1996 Olympics and Paralympics held in Atlanta. * * * * The meeting adjourned at 4:35 p.m.