5
CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
PLANNING & ENVIRONMENT
DECEMBER 12, 1996
A Regular Meeting of the Council of the City of Vancouver was held
on Thursday, December 12, 1996, at 4:45 p.m., in Committee Room No. 1,
Third Floor, City Hall, following the Standing Committee on Planning &
Environment meeting, to consider the recommendations of the Committee.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager (Cl. 3)
Judy Rogers, Deputy City Manager
CLERK TO THE
COUNCIL: Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the chair.
- CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of the Standing Committee
on Planning & Environment
December 12, 1996
Council considered the recommendations of the Committee, as
contained in the following clauses of the attached report:
Cl.1: Demolition of Nuisance/Dangerous Building
- 331 East 38th Avenue
Cl.2: Award of Tender No. 57-96-05: Supply & Delivery of
PVC Sewer Pipe and Fittings
Cl.3: CD-1 Rezoning - 5605 Victoria Drive
(Former Safeway Site)
Clauses 1 and 2
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clauses
1 and 2 of the attached report, be approved.
- CARRIED UNANIMOUSLY
CD-1 Rezoning - 5605 Victoria Drive
(Former Safeway Site) (Clause 3)
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as set out in Clause 3
of the attached report, be approved.
- CARRIED
(Councillors Kennedy, Price and Sullivan opposed to A;
Councillor Sullivan opposed to B and C)
COMMUNICATIONS AND/OR PETITIONS
1. (a) Council Representation on the
GVRD Labour Relations Bureau
(b) Council Liaison to the
Vancouver Parking Corporation File: 3004
Before Council was a memorandum dated December 12, 1996, from the
Mayor recommending appointments to the GVRD Labour Relations Bureau and
the Vancouver Parking Corporation in lieu of previous appointments.
MOVED by Cllr. Puil,
THAT Councillor Jennifer Clarke be appointed as Council's
representative on the GVRD Labour Relations Bureau, in lieu of
Councillor George Puil;
AND THAT Mayor Owen be appointed as alternate.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Puil,
THAT Councillor Lynne Kennedy be appointed as Council's
representative on the Board of the Vancouver Parking Corporation, in
lieu of Councillor Daniel Lee.
- CARRIED UNANIMOUSLY
MANAGER'S REPORTS
1. Administrative Report
December 9, 1996
Appointment of By-law Process Servers File: 1306-5
MOVED by Cllr. Clarke,
THAT Council approve the appointment of Jens Skov as a By-law
Process Server, to serve summonses for infractions of City By-laws,
effective immediately.
- CARRIED UNANIMOUSLY
MANAGER'S REPORTS
2. Administrative Report
November 26, 1996
Window Replacement - Gresham Residence
716 Smithe Street File: 4656-3
Shirley Chan, Manager, Non-Market Housing, responded to a query
concerning previous refurbishment of the Gresham Residence, and provided
examples of potential liability.
MOVED by Cllr. Clarke,
THAT Council approve the replacement of windows at The Gresham
Residence at a cost not to exceed $42,000, with funding to be provided
from the Property Endowment Fund.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED BY Cllr. Puil,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Provincial Funding - Tenant
Assistance Program File: 1605-1/1756-3
Councillor Puil referenced the following motion approved by City
Council at its meeting of December 10, 1996 [RR1(vi) refers]:
"B. THAT Council approve funding to the end of April 1997 to
the YWCA for the Vancouver Housing Registry for a total of
$52,000 with funding to be provided from the 1997 Other
Grants Budget.
- CARRIED UNANIMOUSLY"
MOVED by Cllr. Puil,
SECONDED by Cllr. Bellamy,
THAT the foregoing resolution be rescinded.
- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
2. Leave of Absence File: 1254
MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,
THAT Cllr. Chiavario be granted leave of absence for January 14 and
15, 1997.
- CARRIED UNANIMOUSLY
The Council adjourned at 3:55 p.m.
* * * * *
REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING & ENVIRONMENT
December 12, 1996
A Regular Meeting of the Standing Committee of Council on Planning
& Environment was held on Thursday, December 12, 1996 at 2:00 p.m., in
Committee Room No. 1, Third Floor, City Hall.
PRESENT: Councillor Jennifer Clarke, Chair
Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COMMITTEE: Nancy Largent
RECOMMENDATION
1. Demolition of Nuisance/Dangerous Building
- 331 East 38th Avenue File: 2701-6
The Committee had before it an Administrative Report dated December
3, 1996 (on file), in which the City Building Inspector put forward a
request by the owner that Council rescind its resolution requiring
demolition of the building at 331 East 38th Avenue. The owner has
obtained a building permit, and renovations appear to be proceeding.
Therefore, the City Building Inspector and General Manager of Community
Services recommended rescission, subject to conditions set out in the
Administrative Report.
cont'd
Clause No. 1 Cont'd
Carlene Robbins, Supervisor, Permits & Licenses Correspondence
Section, reviewed the history of the demolition order. Ms. Robbins also
noted the conditions proposed for rescinding the order.
Ed Neufeld, Assistant Supervisor, Building and Inspection Branch,
verified that the owner has carried out some work on the property.
Photographs were passed around indicating the building s present
condition (on file). Should Council agree to rescind the demolition
order, staff will closely monitor the reconstruction process and report
back for further instruction should it not proceed satisfactorily. In
response to a query, Mr. Neufeld indicated a building permit is valid
for six months.
Jack Sedlack, property owner, indicated he has made a substantial
investment in materials and is progressing with the work ahead of
schedule. It should be only a matter of a few weeks before the building
starts to look presentable again. Mr. Sedlack felt the building does
not present an immediate danger to the public since he lives next door
and is able to provide 24-hour supervision, and because it is properly
secured.
The Committee was unwilling to rescind the demolition order because
the building in question has been a serious neighbourhood nuisance for
some time, and the City has already shown considerable patience.
However, the Committee was willing to allow the owner ninety days to
repair the building to a safe and presentable condition, to the
discretion of the City Building Inspector. If this is not done to the
City Building Inspector s satisfaction, the building should be
demolished. Therefore, the demolition order was left in force.
The following motions by Councillor Chiavario were put and carried.
The Committee, therefore,
RECOMMENDED
A. THAT Council instruct the City Building Inspector to hold in
abeyance the Resolution dated July 9, 1996 requiring that the
building at 331 East 38th Avenue be demolished, for a period
of 90 days.
B. THAT if after 90 days the building has not been renovated to
the satisfaction of the City Building Inspector, staff proceed
to carry out the demolition order.
- CARRIED UNANIMOUSLY
2. Award of Tender No. 57-96-05: Supply &
Delivery of PVC Sewer Pipe and Fittings File: 1801-6
The Committee had before it an Administrative Report dated November
13, 1996 (on file), in which the General Manager of Engineering Services
and Manager of Purchasing Services recommended tenders be awarded to
Westburne Supply and International Plastics for the supply and delivery
of PVC sewer pipe and fittings, as reflected in the recommendation of
this report. Staff did not recommend acceptance of the low bid from CPI
Equipment Ltd. based on basic tests of joining pipes and fittings.
Although the pipe offered meets the specifications established by
independent agencies, there appeared to be joint incompatibility between
CPI s offered pipe and the fittings offered by other manufacturers.
Tom Timm, Assistant City Engineer - Water, Sewers and Yards,
distributed memoranda from the Materials Branch and the Sewers Engineer,
both dated October 17, 1996, and from the Purchasing Division, dated
October 22, 1996, describing comparison tests of Diamond Pipe (tendered
by CPI Equipment) and IPEX Pipe (recommended tender) performed at
Manitoba Yards (on file). Staff were unable to explain why the joint
seemed inadequately secure when Diamond Pipe was used, since it does
meet the specified measurements. Nevertheless, based on concerns about
joint integrity resulting from the tests, the lowest bid was not
recommended.
Mr. Timm added, however, that Engineering encourages competition.
To this end, Engineering would be pleased to work with the supplier over
the next year in the hope of resolving the incompatibility. A small
amount of Diamond Pipe may be bought for this purpose. Mr. Timm
confirmed that the recommended tender has a one-year term.
Sid Fancy, Manager of Purchasing Services, clarified which sections
of the tender were being referenced.
Brad Wise, Canus Industries, filed a letter dated December 9, 1996
and enclosures from Diamond Plastics Corporation, manufacturer of
Diamond Pipe. Mr. Wise maintained there cannot be any incompatibility
between Diamond Pipe and the pipe or fittings of any other PVC
manufacturers, because all must meet the same independently established
standards. Therefore, the tender should be awarded to the low bidder.
Rich Greig, CPI Equipment Ltd., maintained the offered pipe would
provide adequately secure joints.
cont'd
Clause No. 2 Cont'd
Gordon Lefort, IPEX (brief filed), provided additional information
on the issue of compatibility, in that standards relate to measurement
but do not address the design of pipe. Mr. Lefort suggested differences
in performance between different manufacturer s pipes may be caused by
variations in insertion depth of bells.
The Chair clarified that the Committee is not called upon to
resolve technical differences, but to determine whether the tender
process has been properly carried out. It was also noted the City has
no obligation to accept the lowest, or any, tender.
The following motion by Councillor Kennedy was put and carried.
The Committee, therefore,
RECOMMENDED
THAT Council accept the following bids for the supply and delivery
of PVC sewer pipe and fittings; 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:
FIRM: Westburne Supply ESTIMATED AMOUNT: $501,261
DETAIL: Item No.'s A1, A3, B1, B3, B5, B7 & B48 - low bid
Item No.'s A2, A4, B2, B4, B6 & B8 - low bid meeting
specifications
Item No.'s A20, A21, B12, B15, B24, B27, B34 & B37 - best
value
FIRM: International Plastics ESTIMATED AMOUNT: $251,388
DETAIL: Item No.'s A8-10, A12, A13, A15-A19 A22, B10, B11, B13,
B14, B16-B21, B26, B29, B31, B36, B38, B39, B41-B43, B47,
B49 & B51 - low bid
Item No.'s A5-A7, A11, A14, B9, B22, B23, B25, B28, B30,
B32, B33, B35, B40, B44-46, B50 & B52-56 - best value
Plus the 7% Goods and Services Tax (less any municipal rebate
received) and the Provincial Sales Tax
- CARRIED UNANIMOUSLY
3. CD-1 Rezoning - 5605 Victoria Drive
(Former Safeway Site) File: 5308-3
The Committee had before it a Policy Report dated December 5, 1996
(on file), in which the Director of Land Use and Development advised
Council of the potential impacts of redevelopment under existing zoning
of the former Safeway site at 5605 Victoria Drive which was recently
purchased from Canada Safeway for the purpose of redevelopment.
Consequently, the Director of Land Use and Development made application
to rezone the property from C-2 to CD-1 and recommended the application
be referred to a Public Hearing. He further recommended that any
development applications for this site be reported to Council for
possible withholding.
The General Manager of Community Services recommended approval, as
reflected in the recommendations of this report.
Rick Scobie, Director of Land Use and Development, advised he had
recently become aware that a development application is being
contemplated for this site which may be approvable under the existing
C-2 zoning, but may be incompatible and out of scale with the adjacent
residential area. In addition, the site is within the boundary of
Kensington-Cedar Cottage, one of two communities selected for the
CityPlan Community Visions Pilot Project, and the contemplated
redevelopment could significantly preclude visioning opportunities.
Therefore, Mr. Scobie applied to rezone the site to CD-1, in effect a
holding action which would retain the existing building as a permitted
use while allowing the City to address any concerns about compatibility
and scale of development.
Derek Creighton, Solicitor, responded to queries regarding
Council s authority under the City Charter.
The Chair noted there were parties present representing Canada
Safeway and the purchaser, who wished to address the Committee.
However, it would be contrary to Council s Public Hearing protocols to
hear delegations at this time. The Chair also noted the affected
neighbourhood had not been advised of this meeting, and therefore, had
no representatives present. Finally, the Chair drew the Committee s
attention to a deferral request from Brook Development Planning Inc.
dated December 12, 1996 (on file), on behalf of the purchaser,
undertaking not to submit a development application for a 30-day period,
but to work with staff to address concerns set out in the Policy Report.
cont'd
Clause No. 3 Cont'd
Ken Dobell, City Manager, confirmed it would be contrary to the
protocol to hear any speakers at this time. Speakers should properly be
heard at Public Hearing. Mr. Scobie confirmed the potentially affected
community has not yet been notified of this issue, but will be made
aware as part of the rezoning process. With respect to the deferral
request, Mr. Scobie felt it would not afford sufficient opportunity to
resolve staff concerns, but reiterated the referral would not preclude
staff from discussion with the developers and community.
Committee members generally felt the Director of Land Use and
Development ;s application was timely and should be referred to Public
Hearing. Some members wished to hear speakers on the topic of process
only, without addressing the merits of the proposed rezoning. However,
the majority felt speakers should be heard from only at the Public
Hearing.
The following motions by Councillor Puil were put and carried. The
Committee, therefore,
RECOMMENDED
A. THAT delegations not be heard at this meeting.
B. THAT the application by the Director of Land Use and
Development, to rezone 5605 Victoria Drive (Lots 1 and 2, DL
707 South Half, Plan 13918) from C-2 to CD-1, to permit the
uses included in the C-2 District Schedule and to establish
the form of development as approved by Development Permit Nos.
49894 and 73721, be referred to a Public Hearing, together
with draft CD-1 By-law provisions, generally as contained in
Appendix A of the Policy Report dated December 5, 1996 and
the recommendation of the Director of Land Use & Development
to approve the application;
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary CD-1 By-law for consideration at Public
Hearing, including a consequential amendment to the Sign
By-law to establish regulations for this CD-1 in accordance
with Schedule "B" (C-2).
cont'd
Clause No. 3 Cont'd
C. THAT the Director of Land Use and Development be instructed to
report any development applications for this site to Council
for possible withholding pursuant to Section 570 of the
Vancouver Charter.
- CARRIED UNANIMOUSLY
(Councillors Kennedy, Price and Sullivan opposed to A;
Councillor Sullivan opposed to B and C)
The meeting adjourned at 3:45 p.m.
* * * * *