CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES MARCH 25, 1997 A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, March 25, 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 Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Jennifer Clarke (Leave of Absence) 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. * * * * Council recessed and following a Public Hearing, reconvened at 2:25 p.m. CONDOLENCES Mayor Owen advised of the recent passing of Mr. Bruce Eriksen, a former City Councillor from 1981 to 1993, and a passionate and dedicated worker for the Downtown Eastside. The Mayor requested a letter of condolence be sent to Mr. Eriksen's family. Mayor Owen also advised of the sudden passing of Mr. Wilf Greensill, a long-time employee in the Engineering Department, who was fatally injured by an automobile while on the job. Council expressed its sorrow regarding this tragic accident, and requested a letter of condolence be sent to Mr. Greensill's family. IN CAMERA MEETING Council was advised there were legal and property matters to be considered In Camera later this day. ADOPTION OF MINUTES 1. Minutes of Regular Council Meeting (City Services and Budgets) February 27, 1997 MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY CONFLICT OF INTEREST Councillor Kennedy declared a Conflict of Interest prior to consideration of Minutes 2, due to the fact she earlier declared a conflict at this meeting relating to 1238 Seymour Street. 2. Minutes of Regular Council Meeting (Planning and Environment) February 27, 1997 MOVED by Cllr. Sullivan, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY A member of Council referred to the decisions relating to 1238 Seymour Street, and requested that members of Council be provided with status memoranda on resolutions of by-law infractions, floor space issues, and other matters in the 60-day period prior to filing of the Section 336d notices. * * * * Councillor Kennedy returned from Conflict of Interest at this point in the proceedings. * * * * 3. Minutes of Regular Council Meeting March 11, 1997 MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Price, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair. - CARRIED UNANIMOUSLY VARY ORDER OF AGENDA The order of the agenda was varied in order to permit Report Reference 1 to be considered later in the meeting. REPORT REFERENCE 2. Vancouver Museum Commission Presentation File: 4001-1 Before Council was a report from the Vancouver Museum Commission (on file in the City Clerk s Office) which reviewed activities for the period August 1996- March 1997. Mr. Greg Evans, Executive Director reviewed the report before Council which highlighted issues of governance, exhibits, attendance, staffing, renovations, fundraising, partnerships/community liaison, and reintegration into the Museum community. Mr. Michael Lambert, Vancouver Museum Commissioner, and Mr. Jim Wright, Matsuzaki Wright Architects, were also present to respond to questions from members of Council. MOVED by Cllr. Puil, THAT this report be received for information. - CARRIED UNANIMOUSLY 3. Expanded Gaming Activity March 24, 1997 File: 2633-1 Before Council was an Administrative Report dated March 24, 1997 in which the City Manager provided Council with information regarding recent announcements by the Provincial Government for the expansion of gaming within the Province of British Columbia. Ms. Judy Rogers, Deputy City Manager advised on March 13, 1997 the Provincial Government released a new report on gaming in British Columbia, titled Gaming Review - Expansion Options and Implications . On the same day, March 13, 1997, the Provincial Government outlined some aspects of their new Gaming Policy and Processes which will expand gaming opportunities within British Columbia. The review of the new initiatives, is based on news releases and an interview with Peter Clark, Chair of the new Lotteries Advisory Committee. The expansion will include: - enhancement of charitable casinos by allowing higher betting limits, new games, and the placement of slot machines (Maximum allowable will be 30 tables and 300 slot machines); - new "destination-style" casinos will be introduced and will operate under the same guidelines as a charity casino; - a Las Vegas style casino will not be permitted, nor will VLT s be introduced; - slot machines will be permitted in destination and charity casinos and race tracks (if requested). VLT s and slot machines will not be allowed in bars and pubs; - electronic bingo will be permitted in Charitable Bingo Halls; - revenue from the expanded gaming activity will be largely used to help protect health care and education; - local impacts, additional costs (police and infrastructure) will be taken into account when destination facilities are established; - the Province will fund dedicated police and prosecution resources to address illegal gaming; - a gaming addiction program will be established by the Ministry of Children and Families; - there will be a minimum gaming age of 19 in British Columbia; - a new Lotteries Advisory Committee (LAC) has been established to implement the Government s new policy. Peter Clark will chair; other committee members include: Richard McIntosh, retiring chair of the BC Gaming Commission; Lorna Romilly, Chair of the BC Racing Commission; Guy Simonis, President of the BC Lottery Corporation; Steve Letts, Director, Gaming Audit and Investigation Office of the Ministry of Attorney General. MOVED by Cllr. Kennedy, A. THAT Council, recommend to UBCM that it seek a meeting of the Joint Council established for provincial-municipal liaison to discuss gaming policy including problem gaming and expanded bingo halls, prior to Council considering participation on a Committee to advise the Lottery Advisory Committee on procedures for municipal involvement in gaming. B. THAT Council, reiterate its demand to the Provincial Government for a comprehensive Gaming Act before any expanded or new gaming activity goes forward. C. THAT Council, in collaboration with UBCM, request a meeting with the Minister of Municipal Affairs, Mike Farnworth, and the Minister of Employment and Investment, Dan Miller, to request the Government provide the opportunity for input from municipalities and the public, prior to setting gaming policy that impacts all British Columbians. D. THAT Council advise the Minister of Municipal Affairs and the Minister of Employment and Investment, that Vancouver opposes the addition of slot machines as an expanded gaming option. - CARRIED UNANIMOUSLY MOVED by Cllr. Herbert, THAT Council urge the Minister of Municipal Affairs and the Minister of Employment and Investment, to ensure the Provincial gaming policy addresses those issues which are discrete to the City of Vancouver, particularly as Vancouver is a major focus of tourism, as well as a focus of social problems. - CARRIED UNANIMOUSLY MOVED by Cllr. Puil, THAT the City communicate with the Chair of the Pacific Racing Commission to advise that the Pacific Racing Association lease with the City of Vancouver does not permit an additional use, such as the introduction of slot machines. - CARRIED UNANIMOUSLY MOVED by Cllr. Chiavario, THAT the City of Vancouver officially express its concern with the inappropriateness of the decision to fund gambling addiction services through the Ministry for Children and Families. - CARRIED UNANIMOUSLY * * * * Council recessed at 3:50 p.m., and following an In Camera meeting, reconvened at 4:10 p.m. * * * * 1. 1997 Engineering Basic Capital Budget March 11, 1997 File: 1602-1 Before Council was an Administrative Report from the General Manager of Engineering Services dated March 11, 1997 which provided an overview of the 1997 Engineering Department Basic Capital Budget, including submissions for: Streets $ 21,641,000 Communications $ 465,000 Street Lighting $ 1,540,000 Sewers $ 16,660,000 Waterworks $ 23,100,000 Mr. Dave Rudberg, General Manager of Engineering Services, provided an overview of the Engineering Capital Budget, noting that approval for individual projects will need to be reported to Council. * * * * Councillor Bellamy left the meeting at 4:30 p.m., with Council Leave of Absence. * * * * MOVED by Cllr. Puil, A. THAT the 1997 Streets, Sewers, Waterworks, Street Lighting and Communications Basic Capital Budgets, as reported here and detailed in Appendix 1 of the Administrative Report dated March 11, 1997, be approved with funding as shown in Table 1, with the Capital from Revenue portion, subject to approval of the 1997 Operating Budget. B. THAT the transfer of Capital Funds, as detailed in Appendix 2 of the Administrative Report dated March 11, 1997, for Streets, Sewers, Traffic Signals and Yards Capital closeouts be approved. C. THAT the public sewer connection fees for 1997 be increased by approximately 1.7% as shown in Appendix 3 of the Administrative Report dated March 11, 1997. D. THAT the Director of Legal Services be requested to amend the Plumbing By-Law in accordance with the approved recommendations in this report. - CARRIED UNANIMOUSLY (Councillor Daniel Lee absent for the vote) CITY MANAGER'S ADMINISTRATIVE REPORTS 1. Extension of Building Permit No. BU401770 375 - 377 Terminal Avenue March 6, 1997 File: 2609-1 MOVED by Cllr. Chiavario, THAT City Council approve an extension of Building Permit No. BU401770 until August 28, 1997. - CARRIED UNANIMOUSLY 2. Strata Title Conversion: 1896 West 15th Avenue and 3108 Cypress Street March 5, 1997 File: 5311-1 MOVED by Cllr. Puil, THAT the application to convert the previously-occupied buildings at 1896 West 15th Avenue and 3108 Cypress Street (Lot 1, Block 467, D.L. 526, Plan 3557) to strata title ownership be approved. - CARRIED UNANIMOUSLY 3. Mountainview Cemetery Consultant February 27, 1997 Files: 1801-1/5127-1 MOVED by Cllr. Sullivan, THAT Council approve retaining Philips Wuori Long Inc in association with Harris Hudema Consulting Group Ltd and Pechet & Robb Design as the Mountainview Cemetery consultant team for a fee of $85,700 plus GST and disbursements estimated at $1,500 to $2,000, with funding provided from the Strategic Initiatives account in the Operating Budget. - CARRIED UNANIMOUSLY 4. Strata Title Conversion: 2651 West 5th Avenue March 7, 1997 File: 5311-1 MOVED by Cllr. Sullivan, THAT the application to convert the previously-occupied building at 2651 West 5th Avenue (Parcel F, Block 11, D.L. 192, Plan LMP28004) 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 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. - CARRIED UNANIMOUSLY 5. Fire Department 1997 Capital Funding Request March 7, 1997 File: 1602-1 Prior to consideration of Report A5, Glen Maddess, General Manager of Fire & Rescue Services, advised that as a result of negotiations involving the Emergency Operations and Communications Centre, staff request that the recommendation in the Administrative Report be amended to permit funding approval for the reconstruction of Firehall No. 3 or Firehall No. 15. MOVED by Cllr. Puil, THAT Council approve the 1997 Fire Protection Capital Budget totalling $1.27 million with funding allocated as follows: (1) Reconstruction of either Firehall No. 3 (design), $500,000 or Firehall No. 15 (2) Phase II of the Fire Training Facility $770,000 source of funding to be from borrowing authority as provided in the 1997-1999 Capital Plan. - CARRIED UNANIMOUSLY 6. Local Improvements Subsequent Procedure March 5, 1997 File: 5802-1 This report was withdrawn and will be considered at the March 27, 1997 Court of Revision. 7. Form of Development - 4255 Arbutus Street D.E. 401339 - CD-1 By-law Number 4634 (Amending By-law Number 6955) Owner of Development: Maple Leaf Holdings Ltd. March 11, 1997 File: 2604-1 This report was deferred at the request of the applicant. 8. Minor Amendments to Trade Permit Fee Schedules February 25, 1997 File: 1755-1 MOVED by Cllr. Sullivan, A. THAT Council approve minor amendments to the Electrical By-law (B/L 5563) and the Secondary Suite By-law (B/L 6553) to ensure consistency with the recent comprehensive fee review. B. THAT the Director of Legal Services be instructed to prepare the necessary By-law amendments. C. THAT upon approval of this report, the Director of Permits & Licenses notify the construction industry and the general public of the new fees. - CARRIED UNANIMOUSLY 9. Form of Development - 4255 Laurel Street D.E. 402074 - CD-1 By-law Number 4542 Owner of Development: G.F. Strong Rehabilitation Centre March 11, 1997 File: 2606-1 MOVED by Cllr. Sullivan, THAT the approved form of development for this portion of the CD-1 zoned site known as 988 West 26th Avenue/4255 Laurel Street (4255 Laurel Street being the application address) be generally approved as illustrated in Development Application Number DE402074, prepared by Cohos Evamy Anderegg Architects and stamped "Received, City Planning Department February 26, 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 10. Strata Title Conversion: 1203 and 1209-1211 East 15th Avenue March 10, 1997 File: 5311-1 MOVED by Cllr. Sullivan, THAT pursuant to Section 9(1) of the Condominium Act, the application to convert the previously-occupied buildings at 1203 and 1209-1211 East 15th Avenue (Lot J, Block 172, D.L. 264A, Plan LMP31445) to strata title ownership be approved in the following manner: 1. as relating to 1203 East 15th Avenue: that approval in principle be granted, subject to completion of the following conditions, within one year of the date of this approval: (a) issuance of the permit under Building Application No. BU405533, thereby permitting alterations to the existing one-family dwelling to convert it to two dwelling units; and (b) completion of all work approved and required under DE401615 and BU405533, once issued, in accordance with the approved plans and permits, and issuance of an Occupancy Permit, in order for this building to substantially comply with all relevant City by-laws; and 2. as relating to 1209-1211 East 15th Avenue: that approval be granted without conditions. - CARRIED UNANIMOUSLY 11. Electoral Area "A" Official Community Plan (UBC) and Governance Study March 10, 1997 File: 131-1 MOVED by Cllr. Puil, A. THAT Council request UBC and the GVRD forward information to be considered at fourth reading of the OCP to the City for review prior to action on the OCP by the GVRD Board. B. THAT Councillor Clarke be appointed as the City of Vancouver representative to the Electoral Area A Governance Study Restructure Committee. C. THAT City staff do an analysis of the costs and revenues associated with Option 2.4.3, Inclusion of all or part of Electoral Area A in the City of Vancouver, and report the results to Council by October 1997 for consideration by the Restructure Committee. - CARRIED UNANIMOUSLY 12. Local Government Interests in Lower Mainland Area Treaty Organizations March 13, 1997 File: 3139-1 MOVED by Cllr. Chiavario, A. THAT Council receive the attached report on Lower Mainland Area Treaty Organizations for information. B. THAT Council's feedback and support on the document be channelled through Council s representative to the Lower Mainland Treaty Advisory Committee (LMTAC). - CARRIED UNANIMOUSLY A member of Council enquired whether the City has designated a staff liaison to the Lower Mainland Treaty Advisory Committee. The City Manager advised that Sam Kuzmik, Director of Operations Support, Finance Department, has been assigned this responsibility. MOVED by Cllr. Chiavario, THAT Sam Kuzmik be approved as the staff liaison to the Lower Mainland Treaty Advisory Committee. - CARRIED UNANIMOUSLY 13. Award of Contract No. 9705: Installation of Valve Chambers and Related Work at Three Sites - Dedicated Fire Protection System(DFPS) March 13, 1997 File: 1801-1 MOVED by Cllr. Don Lee, A. THAT Contract No. 9705 for the Installation of Valve Chambers and Related Work at Three Sites be awarded to the low bidder meeting the contract requirements, KWH Constructors Ltd., for the net total tender price of $801,782.90, using the funding sources identified. (The applicable G.S.T. rebate has been subtracted from the total tendered price.) B. THAT the bid bonds from the unsuccessful tenderers be returned. C. THAT the Director of Legal Services be authorized to enter into a construction services contract with KWH Constructors Ltd. for Contract No. 9705, for the Installation of Valve Chambers and Related Work at Three Sites for the DFPS, in consultation with the General Manager of Engineering Services. - CARRIED UNANIMOUSLY 14. Interurban Car 1231 (B.C. Transit's Car in Victoria) March 10, 1997 File: 5558-1 MOVED by Cllr. Herbert, A. THAT Council approve the following final terms and conditions for an agreement with British Columbia Transit, the owner of Interurban Car 1231 (the "Car"): 1) Form of Agreement: Lease; 2) Term: 20 years; 3) Renewal: The City may renew for one additional 20 year term (40 years total) provided that the City is not in default of any terms of the agreement; 4) Fee: $100 for the first 20 year term and, if the lease is renewed, $100 at the time of entering the second 20 year term; 5) Restoration: The City is to complete the restoration of the Car up to a maximum cost of $80,000) to be spent by July 31, 1997; 6) Storage: The City is obligated at its sole cost to provide secure, ventilated storage in a leak-proof building for the Car as of July 31, 1997; 7) Termination: The City may terminate the agreement on 6 months notice. The owner may only terminate the agreement if the City is in default; 8) Decision Powers: Decisions relating to the operation, if the City obtains the necessary power and authority to operate the Car, and the display of the Car are at the City's sole discretion, except for decisions relating to any work or improvements to the Car and the storage of the Car; 9) Transport: The City shall be responsible for all transportation costs related to the Car, including bringing the Car to Vancouver from Victoria and the eventual return of the Car to BC Transit's Surrey yard at the end of the term. This is in addition to the $80,000 obligation of the City to restore the Car and the cost of moving the Car to Vancouver will be incurred by no later than July 31, 1997; 10) Insurance: The City shall be responsible to insure the Car against loss or damage from all causes. The Agreement shall bear the entire risk of loss, theft and damage to the Car from every cause whatsoever until the termination of the Agreement; 11) Indemnity: Transit is requiring that the City indemnify and save harmless British Columbia Transit against all liability related to Car 1231 and all liability and damages to any persons or property, including death and personal injury relating to the Car or the use or operation of the Car while in the custody of the City and all actions or omissions of the City in connection with the lease and the restoration, transportation, possession, repair or maintenance of the Car; and 12) Additional Terms: Such further and other arrangements as seem appropriate to the General Manager of Engineering Services and the Director of Legal Services. B. THAT Council authorize the General Manager of Engineering Services and/or the director of Legal Services to execute the necessary documents to effect the above recommendations. No legal obligation shall arise until the document is fully executed. - CARRIED UNANIMOUSLY 15. Transfer of Residual Funds from Demolition Fee Reserve March 18, 1997 File: 1755-1 MOVED by Cllr. Kennedy, THAT a portion of the Demolition Fee Reserve residual funds in the amount of $250,000 be transferred to City Reserves to be available for grant to the Heritage Conservation Foundation over a three-year period for operating costs, on receipt of an operating plan satisfactory to Council and achievements of that plan over time. - CARRIED (Councillor Puil opposed) 16. 1997 Capital Budget: Vancouver Museum Revitalization Program - Phase 2 March 14, 1996 File: 1602-1 Before Council was an Administrative Report dated March 14 in which the Director of Finance, in consultation with the Director of the Office of Cultural Affairs and Manager of Facilities Development requested approval of capital funds of $850,000 for Phase 2 of the Vancouver Museum revitalization project. The request is in advance of Council s consideration of the 1997 Capital Budget in order to dovetail the Museum Commission s proposed construction schedule with that of the Pacific Space Centre. The following motion was presented for Council s consideration: THAT Council approve capital funds of $850,000 in advance of the 1997 Capital Budget, for phase 2 of the Museum Revitalization Program, including improvements to the public areas of the Museum and Pacific Space Centre, source of funds to be the 1997 Capital Budget (Capital from Revenue). The General Managers of Community and Corporate Services presented the foregoing motion for consideration, while the City Manager recommended approval of the foregoing motion. MOVED by Cllr. Kennedy, THAT the recommendation of the City Manager be approved. - CARRIED UNANIMOUSLY CITY MANAGER S POLICY REPORTS 1. CD-1 Text Amendment: 505-595 West Pender Street (Conference Plaza, 526-528 West Hastings Street) March 14, 1997 File: 5307-1 MOVED by Cllr. Puil, THAT the application by Malcolm Elliot, to amend CD-1 By-law No. 7209 (Lots 1 and 2, Plan LMP 28567, and LMS 2371, all of Block 24, DL 541) to add Service Uses to the list of uses permitted on the site, be referred to a Public Hearing, together with: (i) draft CD-1 amending by-law, generally as contained in Appendix A of the Policy Report dated March 14, 1997; and (ii) the recommendation of the Director of Land Use and Development to approve the application. FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing. - CARRIED UNANIMOUSLY 2. Proposed Rezoning of 1762 Davie Street (including Transfer of Heritage Density from 750 Burrard Street) March 12, 1997 File: 5304-1 MOVED by Cllr. Puil, THAT the application by Baker McGarva Hart Architects Inc. to rezone the site at 1762 Davie Street (Lot 12 E´ and W´, Block 62, D.L. 185, Plan 92) from C-5 to CD-1, to permit a mixed-use development consisting of commercial uses at grade and six storeys of dwelling use above, be referred to a Public Hearing, together with: i) revised plans received February 24, 1997; ii) draft CD-1 By-law provisions, generally as contained in Appendix A of the Policy Report dated March 12, 1997, which would allow an increase in the maximum floor space ratio from 2.2 to 3.4 in conjunction with a transfer of heritage density from 750 Burrard Street; and iii) the recommendation of the Director of Land Use and Development to approve the application, subject to conditions contained in Appendix B of the Policy Report dated March 12, 1997; FURTHER THAT the Director of Land Use and Development make application to amend CD-1 By-law No. 7246 for 750 Burrard Street, to reduce the maximum floor space ratio from 13.17 to 12.76, and this application be referred to a Public Hearing; AND FURTHER THAT the Director of Land Use and Development make application to amend the Sign By-law to establish sign regulations for this CD-1 site in accordance with Schedule B (C-5); AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing. - CARRIED UNANIMOUSLY 3. Proposed Rezoning of 1410 Granville Street March 10, 1997 File: 5304-1 Prior to consideration of the foregoing matter, a member of Council requested clarification regarding Page 4 of the Policy Report in which staff advise they do not support the request that Lot 4 be leased to the Dance Centre. Mr. Ken Dobell, City Manager, clarified for members of Council that referral to Public Hearing would not preclude Council from considering this matter separately, and staff will report back to Council on this issue separately. MOVED by Cllr. Puil, THAT the application by Architectura Waisman Dewar Grout Carter Inc., in association with Arthur Erickson, to rezone 1410 Granville Street (Lot 2, Blk 123, DL 541) from BC Place/Expo District (BCPED) to CD-1 Comprehensive Development District be referred to a Public Hearing, together with: (i) plans received August 16, 1996; (ii) draft CD-1 by-law provisions generally as contained in Appendix A of the Policy Report dated March 10, 1997; and (iii) the recommendation of the Director of Central Area Planning to approve the application, subject to conditions of approval contained in Appendix B of the Policy Report dated March 10, 1997; and FURTHER THAT the application by the Director of Land Use and Development to amend the Sign By-law to establish regulations for this CD-1 in accordance with Schedule "B" (DD) also be referred to Public Hearing along with the recommendation of the Director of Planning to approve the application; AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing including consequential amendments to the False Creek North Official Development Plan (FCN ODP), generally as presented in Appendix C of the Policy Report dated March 10, 1997. - CARRIED UNANIMOUSLY OTHER REPORTS I. Report to Council Vancouver Liquor Licensing Commission March 13, 1997 The Council considered this report which contains five clauses, identified as follows: Cl. 1: 15 Water Street - Purple Onion Cabaret Inc. Increase in Seating Capacity - Class 'C' Cabaret Cl. 2: Pacific Racing Association, Hastings Park Racecourse Class 'E' Stadium Liquor License Cl. 3: Provincial Liquor Policy Review File Cl. 4: Dropping the Moratorium on New Licensed Seats on Theatre Row Cl. 5: Other Business (i) Ivanhoe (ii) Public Enquiries and Complaints (iii) Media Luna 15 Water Street - Purple Onion Cabaret Inc. Increase in Seating Capacity - Class 'C' Cabaret Clause 1 MOVED by Cllr. Kennedy, THAT the recommendation of the Commission, as contained in Clause 1 of its report, be approved. - CARRIED UNANIMOUSLY (Councillor Price was not present for the vote on Clause 1) * * * * At this point in the proceedings, Councillor Puil left the meeting. Pacific Racing Association, Hastings Park Racecourse Class 'E' Stadium Liquor License (Clause 2) MOVED by Cllr. Kennedy, THAT Vancouver City Council endorse the request by Pacific Racing Association, for a Class 'E' Stadium liquor license at Hastings Park Racecourse, subject to the following conditions: (i) the betting area be excluded from the licensed area; (ii) no other forms of gaming be permitted in any location of the Hastings Park Racecourse; (iii) approximately 50% of the seats and public area be designated non-drinking; (iv) the licensed areas be clearly marked and supervised by trained staff, and further; (v) endorsement of this application be subject to the following conditions concerning the sale of liquor in general public areas, as suggested by the applicant: - no hawking alcoholic beverages in the stands; - additional security costs will be paid for by the license which has its own security personnel; - liquor service in the general public areas will cease at some point prior to end of the last race or end of event; Underlining denotes amendment - hours in Table Terrace will end three or four hours after the last race to permit dinner service; - erect a picket fence or other fencing across the apron between grandstand and fence around the track with security checkpoint at entry to ensure no beer is carried out; - beer would be served in the general public areas in single use containers with plastic lids; - size of beer would be approximately 12 oz. of beer in 14 oz. cup; - beer containers would be distinguishable from other containers; and - food and non-alcoholic drinks will be available and hawked in the stands. - CARRIED UNANIMOUSLY Clauses 3 and 4 MOVED by Cllr. Kennedy, THAT the recommendations of the Commission, as contained in Clauses 3 and 4 of its report, be approved. - CARRIED UNANIMOUSLY Other Business (Clause 5) MOVED by Cllr. Kennedy, THAT Clause 5 be received for information. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Sullivan, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Sullivan, SECONDED by Cllr. Price, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. A By-law to average land assessments for 1997 MOVED by Cllr. Kennedy, SECONDED by Cllr. Price, 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. Kennedy, SECONDED by Cllr. Price, 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 of maintenance of decorative lighting pertaining to the Granville Street Mall Phase II Local Improvement Project (Granville Mall Decorative Lighting - 1996 Maintenance Costs for Local Improvements) MOVED by Cllr. Kennedy, SECONDED by Cllr. Price, 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. Kennedy, SECONDED by Cllr. Price, 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 amend By-law No. 6510, being the Sign By-law (Banners) MOVED by Cllr. Price, SECONDED by Cllr. Sullivan, 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. Sullivan, 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 HERBERT, KENNEDY AND PUIL EXCUSED FROM VOTING ON BY-LAW 3 4. A By-law to amend By-law No. 3575, being the Zoning and Development By-law (Rezoning - C-2 to CD-1 5605 Victoria Drive) MOVED by Cllr. Price, SECONDED by Cllr. Sullivan, 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. Sullivan, 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 COUNCILLOR PUIL EXCUSED FROM VOTING ON BY-LAW 4 COUNCILLOR KENNEDY EXCUSED FROM VOTING ON BY-LAW 4, DUE TO CONFLICT OF INTEREST 5. A By-law to amend By-law No. 6072 being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (Amendment to By-law No. 6072 555 West 12th Avenue (City Square) MOVED by Cllr. Price, SECONDED by Cllr. Sullivan, 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. Sullivan, 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 COUNCILLOR PUIL EXCUSED FROM VOTING ON BY-LAW 5 6. A By-law to amend By-law No. 7204, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1 (Text Amendment - By-law No. 7204 3550 Vanness Avenue) MOVED by Cllr. Kennedy, SECONDED by Cllr. Sullivan, 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. Kennedy, SECONDED by Cllr. Sullivan, 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 COUNCILLOR PUIL EXCUSED FROM VOTING ON BY-LAW 6 7. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (Designation of 1554 East 10th Avenue) MOVED by Cllr. Kennedy, SECONDED by Cllr. Price, 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. Kennedy, SECONDED by Cllr. Price, 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 8. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (Designation of 2006 West 15th Avenue) MOVED by Cllr. Kennedy, SECONDED by Cllr. Price, 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. Kennedy, SECONDED by Cllr. Price, 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 9. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law [Designation of 326 West Pender Street (North Facade)] MOVED by Cllr. Kennedy, SECONDED by Cllr. Price, 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. Kennedy, SECONDED by Cllr. Price, 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. Closing Portions of the lane South of York Avenue between Arbutus Street and Maple Street File: 5753-1 MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, 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; 2. Portions of the building constructed on Lot F, Block 205, District Lot 526, Plan LMP 10255 encroach onto the lane South of York Avenue, between Arbutus Street and Maple Street; 3. The portion of lane encroached upon, abutting said Lot F, was dedicated by the deposit of Plan LMP 10255; 4. To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portion of lane encroached upon; 5. To enable Council to grant the required easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of the lane, South of York Avenue, between Arbutus Street and Maple Street, that are encroached upon. THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver to that portion of lane dedicated by the deposit of Plan LMP 10255 and included within the bold outline on a Reference Plan, attested to by John Henderson, B.C.L.S., representing a survey completed on October 30th, 1996; marginally numbered No. 960029/DWG.No. C-500; and BE IT FURTHER RESOLVED THAT all those volumetric portions of the lane South of York Avenue between Arbutus Street and Maple Street included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 10th day of January, 1997, and certified correct by John Henderson, B.C.L.S., and marginally numbered No. 960029/DWG. No. D-78, be closed, stopped-up and that an easement be granted to the abutting owner of 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 said easement to be to the satisfaction of the Director of Legal Services. - CARRIED UNANIMOUSLY B. Closing of volumetric portions of Burrard Street and the lane North of West 16th Avenue, West from Burrard Street File: 5753-1 MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, 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; 2. Portions of the building constructed on Lot E, Block 467, District Lot 526, Plan LMP 28977 encroach onto Burrard Street; 3. The portion of Burrard Street encroached upon, abutting said Lot E, was dedicated by the deposit of Plan 3557; 4. To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portion of street encroached upon; 5. Portions of the building constructed on Lot E, Block 467, District Lot 526, Plan LMP 28977 encroach onto the lane North of West 16th Avenue, West from Burrard Street; 6. The portion of the lane North of West 16th Avenue, West from Burrard Street, was dedicated by the deposit of Plan 3557; 7. To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portion of lane encroached upon; 8. To enable Council to grant the required easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of Burrard Street and the lane North of West 16th Avenue, west from Burrard Street that are encroached upon; THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver to that portion of road and lane be dedicated by the deposit of Plan 3557 and included within the bold outline on a Reference Plan, attested to be Alan Olsen, B.C.L.S., representing a survey completed on January 28th, 1997; marginally numbered 14179RE; and BE IT FURTHER RESOLVED THAT all those volumetric portions of Burrard Street, and the lane North of West 16th Avenue, West from Burrard Street, included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 30th day of January, 1997, and certified correct by Alan Olsen, B.C.L.S., and marginally numbered 14179 VOL, be closed, stopped-up, and that an easement be granted to the abutting owner of 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 said easement to be to the satisfaction of the Director of Legal Services. - CARRIED UNANIMOUSLY C. Approval of Form of Development CD-1 - 5605 Victoria Drive File: 5308-1 MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, THAT the approved form of development for the CD-1 zoned site known as 5605 Victoria Drive be amended generally as illustrated in Development Permit Nos. DP49894 and DP73721, prepared by Ronald Howard, Architect, 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 D. Conveyance, Acceptance andAllocation of Lands for Lane Purposes (The West 2 feet of Lot 22 of Lot 2, Block 4, District Lots 391 and 392, Plan 1635) 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: 008-204-161 The West 2 feet of Lot 22 of Lot 2 Block 4 District Lots 391 and 392 Plan 1635 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 E. Conveyance, Acceptance and Allocation of Lands for Lane Purposes (All that portion of Lot 13, Blocks 37 and 38, District Lot 51, Plan 1735, Group One, NWD) 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: 014-319-560 All that portion of Lot 13, Blocks 37 and 38, District Lot 51, Plan 1735, Group One, New Westminster District, lying northeasterly from a line drawn parallel to and 1.067 metres perpendicularly distant southwesterly from the northeasterly limit of said Lot 13, and extending from the southeasterly limit of said Lot 13 to the northwesterly limit of said Lot 13, the same as shown heavy outlined on plan prepared by J.W. Larson, B.C.L.S., dated December 12, 1996, and marginally numbered LE16560. 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 F. Conveyance, Acceptance and Allocation of Lands for Lane Purposes (The East 2 feet of Lot 63, 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: 014-115-948 The East 2 feet of Lot 63 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 ENQUIRIES AND OTHER MATTERS 1. Garbage Bins 3600 Block Dunbar Street File: 3756-1 Councillor Price referred to correspondence received from a resident in the 3600 Block Dunbar Street regarding the location of trash bins between West 28th and 29th Avenue, crossing Dunbar Street. This matter has been ongoing for some time, and Cllr. Price requested that this correspondence be referred to the City Manager for review. The Mayor so directed. * * * * Council adjourned at 5:30 p.m. * * * *