CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
MARCH 11, 1997
A Regular Meeting of the Council of the City of Vancouver was held
on Tuesday, March 11, 1997, commencing at approximately 2:00 p.m. in the
Council Chamber, Third Floor, City Hall.
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
Judy Rogers, Deputy 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 personnel matters to be considered
In Camera later this day.
MEMORIAL
The Mayor explained to the viewers on Rogers Cable 4 that members
of Council were wearing white ribbons this day in memory of the children
who died at the hands of Clifford Olson.
ADOPTION OF MINUTES
1. Minutes of Special Council Meeting
(1997 Operating Budget: City Choices)
January 30, 1997
MOVED by Cllr. Puil,
SECONDED by Cllr. Bellamy,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
2. Minutes of Regular Council Meeting
(City Services and Budgets)
February 6, 1997
MOVED by Cllr. Puil,
SECONDED by Cllr. Bellamy,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
3. Minutes of Special Council Meeting
(Draft Transportation Plan)
January 28/February 4/February 18, 1997
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
4. Minutes of Regular Council Meeting
February 25, 1997
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
5. Minutes of Special Council Meeting
(Business License - Sports Cafe)
February 25, 1997
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
6. Minutes of Special Council Meeting
(Public Hearing)
February 25, 1997
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Bellamy,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
7. Minutes of Regular Council Meeting
(City Services and Budgets)
February 20, 1997
MOVED by Cllr. Puil,
SECONDED by Cllr. Clarke,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
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
REPORT REFERENCE
1. Modification to the Vancouver Indy Race Circuit File: 4205
Before Council was an Administrative Report dated March 6, 1997
from the General Manager of Engineering Services, which recommended
approval of modifications to the Vancouver Indy race circuit and the use
of some City lands for the event.
The Administrative Report contained the following recommendations:
A. THAT Council approve a modification to the Vancouver Indy race
circuit to include Quebec Street, First Avenue and the
necessary City lands on the south shore of False Creek as
generally shown in Figure 3; with details to be approved by
staff under the FEST Committee review process.
B. THAT Council direct staff to modify the Agreement with Grand
Prix Management Inc.("owners" of the Vancouver Indy race) to
facilitate the modified track as described in this report all
to the satisfaction of the Director of Legal Services and City
Manager.
Mr. Brent MacGregor, Deputy City Engineer, reviewed the existing
and proposed modified routes which involves the use of Quebec Street,
First Avenue and a portion of the City and BC Transit lands on the south
shore of False Creek. Staff recommend that the approval continue until
the year 2001 as this fits the City s development timetable. The race
sponsors would like approval to 2003 to recover capital costs, but staff
cannot reasonably predict at this time the City s development plans
beyond 2001, and recommend this request be revisited at a later date,
once plans are better developed.
Mr. MacGregor advised this three day event attracts 165,000 people
and generates $18.6 million in economic spinoff in the Lower Mainland.
In terms of impacts, the noise impacts on the existing residential
community will be greater in some areas if the modified course to the
South and East is approved, notably to City Gate, but less in Yaletown
and on the south shore of False Creek. Overall the traffic and transit
impacts will be lessened, with the Cambie Bridge remaining open under
the new scheme. Portions of the bike route will need to be closed to
accommodate the race.
Responding to questions from members of Council, Mr. MacGregor
advised that public consultation to date has included only those
directly affected, and the surrounding communities have not been
consulted. In terms of permanent structures, the most permanent piece
of infrastructure will be the track itself, and efforts will be made to
locate it in a manner which will not interfere with the City s
development plans in the area. Mr. MacGregor also agreed to consult
with the Noise Task Force for input prior to the March 13 Standing
Committee meeting.
Noting that delegation requests had been received on this matter,
Council agreed to hear the delegations at the March 13 Standing
Committee on Planning and Environment, prior to considering the
recommendations in the report.
COMMUNICATIONS
1. Photo Radar
March 5, 1997 File: 1756-1/3701-1
In a memorandum dated March 5, 1997, Mayor Owen set out the status
of the Photo Radar Program, and advanced recommendations for submission
to the Attorney General in this regard.
MOVED by Cllr. Bellamy,
THAT the recommendations contained in the Mayor s Communication,
and quoted below, be approved:
A. THAT Council reconfirms our advice to the Attorney General
that we do not want photo radar operations within the City of
Vancouver without both a clear demonstration of its positive
impact on traffic safety and revenue sharing with the
municipalities, and request the Minister to advise Council of
his position in this regard.
B. THAT Council advises the Attorney General that the previous
policy of the government to utilize photo radar only in those
municipalities that support it was appropriate, and should not
be changed without consultation with and agreement by
municipalities.
C. THAT UBCM be requested to consult municipalities in this
regard and advise the Attorney General of the results of that
consultation.
- CARRIED UNANIMOUSLY
CITY MANAGER S ADMINISTRATIVE REPORTS
1. Strata Title Conversion: 2036 York Avenue
February 12, 1997 File: 5311-1
MOVED by Cllr. Puil,
THAT the application to convert the previously-occupied building at
2036 York Avenue (Lot F, Block 205, D.L. 526, Plan LMP10255) to strata
title ownership be approved in principle, but that pursuant to Section
9(1) of the Condominium Act, the Certificate of Approval (Form 10) shall
not be issued unless the following conditions have been met within one
year of the date of this approval:
A. Completion of all work required by the City Building
Inspector, under the required permits, at no cost to the City,
and issuance of an Occupancy Permit, in order that this
previously-occupied building substantially complies with all
relevant by-laws; and
B. Execution of a Section 215 covenant, to be registered
concurrently with the strata plan, prepared to the
satisfaction of the Director of Legal Services, to serve
notice on title regarding the uncertainty of site
redevelopment.
- CARRIED UNANIMOUSLY
2. Proposed Closure of a Portion of the Lane South of
York Avenue, between Arbutus Street and Maple Street
- 2036 York Avenue
January 29, 1997 File: 5753-1
MOVED by Cllr. Bellamy,
A. THAT Council authorize the Director of Legal Services to sign
on behalf of the City a Reference Plan defining the horizontal
limits of the encroachments onto the lane South of York Avenue
between Arbutus Street and Maple Street, a reduced copy of
which is attached as Appendix A to the Administrative Report
dated January 29, 1997, by the building at 2036 York Avenue,
and apply to raise title to the portion of lane defined on the
said Reference Plan in the name of the City of Vancouver.
B. THAT all those volumetric portions of the lane South of York
Avenue between Arbutus Street and Maple Street included within
the heavy outline and illustrated isometrically on a plan of
survey, completed on the 10th day of January, 1997 by John
Henderson, B.C.L.S., and marginally numbered No.960029/DWG.
No. D-78, a reduced copy of which is attached as Appendix B to
the Administrative Report dated January 29, 1997, be closed,
stopped-up and that an easement be granted to the owner of the
abutting Lot F, Block 205, District Lot 526, Plan LMP 10255,
to contain the portions of the existing building which
encroach onto the lane South of York Avenue between Arbutus
Street and Maple Street. The easement to before the life of
the encroaching portion of the existing building on said Lot
F, and to be to the satisfaction of the Director of Legal
Services.
C. THAT the fees for document preparation, registration and use
of the easement referred to in Recommendation "B", are to be
in accordance with those charged for in an agreement prepared
pursuant to the Encroachment By-law.
- CARRIED UNANIMOUSLY
3. Warning to Prospective Purchasers of 5795 Dumfries Street
Lot 38 AMD, Block 2, District Lot 715, Plan 2780
February 6, 1997 File: 2701-1
MOVED by Cllr. Puil,
THAT the City Clerk be directed to file a 336D Notice against the
Certificate of Title to the property at 5795 Dumfries Street in order to
warn prospective purchasers that there is a contravention of the
Vancouver Building By-law related to this building.
- CARRIED UNANIMOUSLY
4. Strata Title Conversion: 1811 West 16th Avenue
February 18, 1997 File: 5311-1
MOVED by Cllr. Bellamy,
That the application to convert the building at 1811 West 16th
Avenue (Lot E, Block 467, D.L. 526, Plan LMP28977) to strata title
ownership be approved in principle, but that pursuant to Section 9(1) of
the Condominium Act, the Certificate of Approval (Form 10) shall not be
issued unless the following condition has been met within one year of
the date of this approval:
Completion of all work now underway, in accordance with the
approved plans and permits, and issuance of an Occupancy Permit,
all at no cost to the City, in order that this previously-occupied
building substantially complies with all relevant by-laws.
- CARRIED UNANIMOUSLY
5. Form of Development - 4511 Earles Street
D.E. 402017 - CD-1 By-law Number 6318
Owner of Development: Mr. Chiu King Yu
February 21, 1997 File: 2605-1
MOVED by Cllr. Bellamy,
THAT the approved form of development for this portion of the CD-1
zoned site known as Earles Street and 29th Avenue (4511 Earles Street
being the application address), be generally approved as illustrated in
Development Application Number DE402017, prepared by Marina Lok and
stamped "Received, City Planning Department, January 6, 1997", 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
6. Form of Development -4492 Arbutus Street
D.E. 401782 - CD-1 By-law Number 7651
Owner of Development: Hellenic Community of Vancouver
February 25, 1997 File: 2604-1
MOVED by Cllr. Clarke,
THAT the approved form of development for this portion of the CD-1
zoned site known as 4492 - 4500 Arbutus Street (4492 Arbutus Street
being the application address) be generally approved as illustrated in
Development Application Number DE401782, prepared by Hamilton Wensley
Architects and stamped "Received, City Planning Department December 6,
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
7. Local Improvements Flat Rates
February 24, 1997 File: 5802-1
MOVED by Cllr. Price,
THAT the flat rates shown on the "List of Projects Completed in
1996" be approved.
- CARRIED UNANIMOUSLY
8. Municipal Access Agreement with Broadband Solutions
Network Inc.
February 24, 1997 File: 1203-1
MOVED by Cllr. Kennedy,
A. THAT the General Manager of Engineering Services and Director
of Legal Services be authorized to conclude negotiations of,
and execute and deliver, a legal agreement with Broadband
Solutions Network Inc. incorporating the general terms and
conditions outlined in the Administrative Report dated
February 24, 1997, and such other terms and conditions
satisfactory to the General Manager of Engineering Services
and the Director of Legal Services.
B. THAT Broadband Solutions be permitted to install and operate a
fibre optics network in the City of Vancouver once it has
executed a legal agreement with the City of Vancouver and
performed any preconditions to such installation and operation
as are set out in such legal agreement.
- CARRIED UNANIMOUSLY
9. Proposed Closure of a Portion of Burrard Street, and
the Lane North of 16th Avenue, West from Burrard
Street - 1811 West 16th Avenue
February 7, 1997 File: 5753-1
MOVED by Cllr. Clarke,
A. THAT Council authorize the Director of Legal Services to sign
on behalf of the City a Reference Plan defining the horizontal
limits of the encroachments onto Burrard Street and the lane
North of West 16th Avenue West from Burrard Street, a reduced
copy of which is attached as Appendix A to the Administrative
Report dated February 7, 1997, by the building at 1811 West
16th Avenue, and apply to raise title to the portion of
Burrard Street and the lane North of West 16th Avenue, west
from Burrard Street, defined on the said Reference Plan in the
name of the City of Vancouver.
B. THAT all those volumetric portions of Burrard Street and the
lane North of West 16th Avenue, West from Burrard Street
included within the heavy outline and illustrated
isometrically on a plan of survey, completed on the 30th day
of January, 1997, by Alan Olsen, B.C.L.S., and marginally
numbered 14179 VOL., a reduced copy of which is attached as
Appendix B to the Administrative Report dated February 7,
1997, be closed, stopped-up and that an easement be granted to
the owner of the abutting Lot E, Block 467, District Lot 526,
Plan LMP 28977, to contain the portions of the existing
building which encroach onto Burrard Street, and the lane
North of West 16th Avenue West from Burrard Street. The
easement to be for the life of the encroaching portion of the
existing building on said Lot E, and to be to the satisfaction
of the Director of Legal Services.
C. THAT the fees for document preparation, registration and use
of the easement referred to in Recommendation B, are to be in
accordance with those charged for in an agreement prepared
pursuant to the Encroachment By-law.
- CARRIED UNANIMOUSLY
10. Approval of Business Improvement Area (BIA) Budgets
February 13, 1997 File: 1601-1
MOVED by Cllr. Kennedy,
THAT Council approve the BIA Business Promotion Schemes and Budgets
for the 1997-1998 year listed below and instruct staff to bring forward
the appropriate rating by-laws:
BIA LEVY
Downtown $500,000
Robson 227,000
Kerrisdale 132,000
Mount Pleasant 91,000
Gastown 244,000.
- CARRIED UNANIMOUSLY
A member of Council noted that Frances Warner, BIA Consultant, is
leaving the employment of the City to return to the private sector.
Noting that Ms. Warner was present in the Chamber, members of Council
thanked Ms. Warner for her contributions to the City, and wished her the
best in future endeavours.
11. Broadband RFI - Selection of a Business Partner
February 27, 1997 File: 5806-1
Due to the fact that a delegation request was received on this
matter, the Administrative Report was referred to the April 10, 1997
City Services and Budgets Committee meeting.
12. Port Policing
March 10, 1997 File: 8040-1
MOVED by Cllr. Puil,
A. THAT City Council endorse the position of the Attorney General
that the policing model proposed in the Neil report is
appropriate, but the financial model is not, and advise him
that we support his position that the funding for municipal
policing must be ongoing.
B. THAT City Council request the Attorney General to ensure that
ongoing funding be allocated to Vancouver to support the full
cost of policing within the Vancouver Port at least at the
level recommended in the Neil report.
C. THAT the Mayor write to the Minister of Transport to advise
him of Council's position, and urge that the Minister ensure
that Vancouver not bear any additional costs as a result of
the elimination of the present federal port policing
arrangement.
- 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
BY-LAWS
1. A By-law to amend By-law No. 6510,
being the Sign By-law (5299 Arbutus Street)
MOVED by Cllr. Price,
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. Price,
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
2. A By-law to assess certain real property in the year 1997
for the purpose of defraying the costs and charges with
respect to two collective parking projects
(1996 Maintenance Costs for Local Improvements)
MOVED by Cllr. Price,
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. Price,
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
3. A By-law to assess certain real property in the
year 1997 for the purpose of defraying the costs
of maintenance of the Trounce Alley and
Blood Alley Square Local Improvement Project
(1996 Maintenance Costs)
MOVED by Cllr. Price,
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. Price,
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
4. A By-law to amend By-law No. 6134, being the Building By-law
(Increase to Demolition Fee for Single Family Dwellings)
MOVED by Cllr. Price,
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. Price,
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
MOTIONS
A. Allocation of Lands for Lane Purposes (The West 2 feet
of Lot 21, Block 13, District Lot 352, Plan 1515) File: 5807
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Sullivan,
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: 014-585-537
The West 2 feet of
Lot 21
Block 13
District Lot 352
Plan 1515
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
B. CD-1 Guidelines (5299 Arbutus Street) File: 5303-1
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Sullivan,
THAT the approved form of development for the CD-1 zoned site known
as 5299 Arbutus Street be amended generally as illustrated in
Development Permit No. DP86031, prepared by Hugh Shirley, Architect, and
stamped Planning Department, Received, October 2, 1980", provided that
the Director of Planning may approve design changes which would not
adversely affect either the development character and livability of this
site or adjacent properties.
- CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Improper Use of Central Library Facilities File: 4004-1
Councillor Puil referred to a letter to the Editor in the March 8
publication of the Vancouver Sun in which the writer suggested that ESL
instructors and other small businesses were improperly using Central
Library facilities for business purposes.
Councillor Don Lee agreed that as Council liaison to the Library
Board he would follow up on this matter.
2. Pay Telephones File: 5806-1
Councillor Chiavario commented on the decreasing number of pay
telephones in the City and noted that staff had previously written to BC
Tel on this issue without success. Councillor Chiavario requested that
City staff contact her directly on this matter with a view to setting up
a meeting with BC Tel officials.
* * * * *
The Council recessed at 3:20 p.m and following an In Camera meeting
in the Mayor s Office, reconvened in open session at 3:45 p.m.
* * * * *
CIVIC RECOGNITION
Council recognized 17 employees who recently retired from the City
with varying lengths of service in excess of 20 years.
The Mayor presented each employee with a Certificate on behalf of
the City, and thanked them for their long and faithful service.
* * * * *
The Council recessed at 4:15 p.m.
for an In Camera meeting in the Mayor s Office.