CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES April 22, 1997 A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, April 22, 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. * * * * Council recessed and following a Public Hearing, reconvened at 2:10 p.m. Recognition, April 28, 1997 - Day of Mourning Council observed a moment of silence to remember those workers killed or injured at work. IN CAMERA MEETING Council was advised there were property matters to be considered In Camera later this day. ADOPTION OF MINUTES 1. Minutes of Regular Council Meeting (Transportation and Traffic) March 25, 1997 MOVED by Cllr. Price, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 2. Minutes of Special Council Meeting (Court of Revision) March 27, 1997 MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY (Councillor Chiavario absent for the vote) 3. Minutes of Regular Council Meeting (Planning and Environment) March 27, 1997 MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 4. Minutes of Regular Council Meeting April 8 , 1997 MOVED by Cllr. Bellamy, SECONDED by Cllr. Kennedy, 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 CITY MANAGER S ADMINISTRATIVE REPORTS 1. Strata Title Conversion: 1926-1928 West 15th Avenue April 4, 1997 File: 5311-1 MOVED by Cllr. Clarke, THAT the application to convert the previously-occupied building at 1926-1928 West 15th Avenue (Lot 8, Block 466, D.L. 526, Plan 2983) 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 2. Form of Development: 289 Alexander Street D.E. 401986 - CD-1 By-law Number 7652 Owner of Development: Pemcor Development Corporation April 1, 1997 File: 2604-1 MOVED by Cllr. Don Lee, THAT the approved form of development for the CD-1 zoned site known as 245 Alexander Street (289 Alexander Street being the application address) be generally approved as illustrated in Development Application Number DE401986, prepared by Soren Rasmussen Architects and stamped "Received, City Planning Department, December 19, 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 3. Form of Development: 2698 Vine Street D.E. 402007 - CD-1 By-law Number 7460 Owner of Development: Intergulf Development Group April 4, 1997 File: 2609-1 MOVED by Cllr. Clarke, THAT the approved form of development for this portion of the CD-1 zoned site known as 2790 Vine Street (2698 Vine Street being the application address) be generally approved as illustrated in Development Application Number DE402007, prepared by Graham Crockart Architect and stamped "Received, City Planning Department, April 2, 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 4. Extension of Building Permit No. BU402592 328 - 342 West 8th Avenue April 3, 1997 File: 2605-1 MOVED by Cllr. Price, THAT City Council approve an extension of Building Permit No. BU402592 until October 4, 1997. - CARRIED UNANIMOUSLY 5. Extension of Building Permit No. BU402235 7850 Champlain Crescent March 26, 1997 File: 2604-1 MOVED by Cllr. Bellamy, THAT City Council approve an extension of Building Permit No. BU402235 until October 24, 1997. - CARRIED UNANIMOUSLY 6. Closure of a Portion of 26th Avenue, East from Dunbar Street and a Portion of the Lane South of 26th Avenue, East from Dunbar Street April 2, 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 26th Avenue and onto the lane (see Appendix A of the Administrative Report dated April 2, 1997), by the building at 4200-4250 Dunbar Street and apply to raise title to the portions of 26th Avenue and the lane defined on the said Reference Plan in the name of the City of Vancouver. B. THAT all those volumetric portions of 26th Avenue, east from Dunbar Street included within the heavy outlines and illustrated isometrically on a plan of survey completed on the 1st day of April, 1997 and attested to by C.S. Cryderman, B.C.L.S., and marginally numbered G-116, a reduced copy of which is attached as Appendix B to the Administrative Report dated April 2, 1997, be closed, stopped-up, and that an easement be granted to the owner of abutting Lot A, Block 83, District Lot 2027, Plan LMP 26945, to contain portions of the building which encroach onto 26th Avenue. The easement to be for the life of the encroaching portions of the building on said Lot A, and to be to the satisfaction of the Director of Legal Services. C. THAT all those volumetric portions of the lane, south of 26th Avenue, east from Dunbar Street included within the heavy outlines and illustrated isometrically on a plan of survey completed on the 1st day of April, 1997, and attested to by C.S. Cryderman, B.C.L.S. and marginally numbered G-116, a copy of which is attached as Appendix B to the Administrative Report dated April 2, 1997, be closed, stopped-up, and that an easement be granted to the owner of abutting Lot A, Block 83, District Lot 2027, Plan LMP 26945, to contain portions of the building which encroach onto the lane. The easement to be for the life of the encroaching portions of the building on said Lot A, and to be to the satisfaction of the Director of Legal Services. D. THAT the fees for document preparation, registration and use of the easement referred to in Recommendations B and C, are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law. - CARRIED UNANIMOUSLY 7. Sale of Residential Lot: 3506 Petersham Avenue April 1, 1997 File: 5102 MOVED by Cllr. Don Lee, THAT Council accept the Offer to Purchase City-owned Lot 7 NE 1/4 of District Lot 339, Plan LMP 27811 (PID 023-387-793) from Mr. Wai Chung Kenny Leung the amount of $270,000 under the terms and conditions contained in the City's "Offer to Purchase" tender form. - CARRIED UNANIMOUSLY 8. Local Improvements by Initiative - June 17,1997 First and Second Step Report April 1, 1997 File: 5802-1 MOVED by Cllr. Sullivan, A. THAT the projects listed in Appendix I of the Administrative Report dated April 3, 1997, be advanced as Local Improvements on the Initiative and brought before a Court of Revision on June 17, 1997. B. THAT the reports of the City Engineer and Director of Finance be adopted together with details of the Second Step Report as summarized in Appendix II of the Administrative Report dated April 3, 1997, and Council declare it is desirable that the projects set out in Appendix I of this report be undertaken and deems that each will specially benefit the real property abutting it. (Requires two-thirds approval of those present). C. THAT sidewalk projects Numbered 10-21, 24-27, 29-38 inclusive, as described in Appendix I of the Administrative Report dated April 3, 1997, be designated as "pedestrian collector routes" so that the abutting residential property owners' rates are reduced by the required 25%. D. THAT the City-owned parcels on the list attached to the Detailed Second Step Report be declared "assessable for the local improvements projects". E. THAT should any of the sidewalk projects noted in Recommendation C be defeated that they be forwarded to the Court of Revision for consideration to proceed on Special Grounds. - CARRIED UNANIMOUSLY 9. Renaming 603-625 East 15th Avenue to 603-625 Kingsway April 8, 1997 File: 5527-1 MOVED by Cllr. Kennedy, A. THAT the portion of East 15th Avenue containing addresses from 603 to 625 be renamed as 603 to 625 Kingsway. B. THAT the Director of Legal services be instructed to bring forward the appropriate amendments to the Street Name By-Law. - CARRIED UNANIMOUSLY 10. Demolition of Nuisance/Dangerous Building 1063 Barclay Street Lot 11, Block 6, District Lot 185, Plan 92 April 8, 1997 File: 2701-1 MOVED by Cllr. Kennedy, A. THAT Council declare that the above building is a nuisance and dangerous to public safety, pursuant to Section 324A of the Vancouver Charter. B. THAT Council approve the attached Resolution and order the Registered owner of the property to remove the building and all demolition debris from the site within 14 days of a copy of the resolution being served pursuant to Section 324A of the Vancouver Charter. C. THAT in the event of the failure of the owner to comply with the order of Council as set forth in paragraph B, Council further orders and hereby authorizes the City Building Inspector to have the building removed and all demolition debris removed at the expense of the owner. D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 1063 Barclay Street in order to warn prospective purchasers that as a result of the condition of the building and Council's resolution, the purchaser could suffer a significant expense if the By-law were enforced against him. - CARRIED UNANIMOUSLY 11. Enhanced Canada-B.C. Infrastructure Works Program April 18, 1997 File: 5750-1 Prior to consideration of this matter, the City Clerk advised that the estimate for the Park Board project for Hastings Park Biofiltration for Storm Water Sewer should be amended to $5,600,000, rather than the figure of $5,000,000 as stated in the report. MOVED by Cllr. Puil, THAT Council endorse the prioritized list of transportation projects, the Hastings Park Sewer Project, and the Park Board projects in Appendix A of the Administrative Report dated April 18, 1997, for submission to the Enhanced Canada - B.C. Infrastructure Works Program, and authorize staff to submit applications to the Provincial Government, with the exception of the following projects: - Commercial Drive Bus Bulges ($300,000) - Traffic Signal Management System ($1,000,000) - Downtown Historic Railway Streetcar ($280,000) - Hastings Park Biofiltration for Storm Water ($5,600,000) - CARRIED UNANIMOUSLY MOVED by Cllr. Price, THAT the Commercial Drive Bus Bulges project be endorsed for submission. - CARRIED (Councillors Bellamy, Clarke, Kennedy, Daniel Lee and Puil opposed) MOVED by Cllr. Chiavario, THAT the Traffic Signal Management System project be endorsed for submission. - CARRIED (Councillors Bellamy and Puil opposed) MOVED by Cllr. Herbert, THAT the Downtown Historic Railway Streetcar project be approved for submission. - amended MOVED by Cllr. Clarke (in amendment), THAT the cost of the foregoing project be reduced from $280,000 to $160,000 to eliminate the construction of a permanent building, and that the description of the project be amended accordingly. - CARRIED (Councillors Chiavario, Herbert, Price and Mayor Owen opposed) The motion to amend having carried, the amended motion was put and CARRIED with Cllrs. Bellamy and Puil opposed. MOVED by Cllr. Chiavario, THAT the Hastings Park Biofiltration for Storm Water project be approved for submission with amendment to reflect the project cost of $5,600,000. - CARRIED (Councillors Bellamy, Clarke and Puil opposed) MOVED by Cllr. Sullivan, THAT Council reiterate to the Federal and Provincial Governments its preference that the funds be allocated for hard infrastructure projects; FURTHER THAT Council also express to both levels of government its disappointment that full consultation did not take place with municipalities, who, in Council s opinion, should be full partners in the program. - CARRIED UNANIMOUSLY 12. Request for a Lease Extension for the PNE April 18, 1997 Note from Clerk: Report A12 was considered by Council when it reconvened at 5:25 p.m. It can be found in the minutes immediately after Other Reports. CITY MANAGER S POLICY REPORTS 1. Vancouver Hospital: Heather Pavilion - Extension of Deadline for Re-Use Proposals March 4, 1997 File: 5001-1 MOVED by Cllr. Kennedy, THAT the Heather Heritage Society and the Vancouver Hospital and Health Sciences Centre (VHHSC) be advised that Council would consider re-use proposals for the Heather Pavilion (1906 portion), including a rezoning if necessary, for up to one year after VHHSC vacates that building; and FURTHER THAT VHHSC be requested to notify the City and the Heather Heritage Society at least six months in advance of the intended date to vacate the 1906 Heather Pavilion. - CARRIED (Councillor Puil opposed) 2. RS Options - Douglas Park, West Southlands and Portions of Dunbar and West Point Grey March 27, 1997 File: 5301-1/8018/8005 MOVED by Cllr. Puil, A. THAT the Director of Land Use and Development be instructed to make application to amend the RS-5 District Schedule to add RS-5S, generally in accordance with Appendix A of the Policy Report dated March 27, 1997; FURTHER THAT the Director of Land Use and Development be instructed to make application to rezone the areas shown on Figure 1 from RS-1S to RS-5S (see Appendix B - Douglas Park RS-1S and Appendix C - Dunbar RS-1S); FURTHER THAT the Director of Land Use and Development be instructed to make application to rezone the areas shown on Figure 2 from RS-1 to RS-5 (see Appendix D - West Point Grey RS-1 and Appendix E - Dunbar RS-1); FURTHER THAT the Director of Land Use and Development be instructed to make application to rezone the area identified as Sub-Area 1 shown on Figure 3 from RS-1 to RS-5 and to rezone the area identified as Sub-Area 2 shown on Figure 3 from RS-1 to RS-6 (see Appendix F - West Southlands RS-1); FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing, including amendments to the Sign By-law to extend the current provisions for RS-5 to RS-5S; FURTHER THAT these applications and by-laws be referred to Public Hearing, together with the condition of approval recommended by the Director of Land Use and Development that, if RS-5S zoning is approved at Public Hearing, the by-laws be accompanied at the time of enactment by the renamed "RS-5/RS-5S Design Guidelines" to be adopted by resolution of Council for the new RS-5S Districts; FURTHER THAT, subject to approval of the RS-5S rezoning at Public Hearing, the Subdivision, Parking, and Fee By-laws be amended to extend the provisions for RS-5 to RS-5S; AND FURTHER THAT the Director of Legal Services be instructed to bring forward the amendments to the Subdivision, Parking, and Fee By-laws at the time of enactment of the Zoning By-law. B. THAT the Director of Community Planning be instructed to report to Council development applications which are contrary to the proposed zoning amendments for possible withholding pursuant to Section 570 of the Vancouver Charter. - CARRIED UNANIMOUSLY 3. Proposed Rezoning of 2669 and 2675 Vanness Avenue March 24, 1997 File: 5308-1 In a Policy Report dated March 24, 1997, the Director of Land Use and Development in consultation with the General Manager of Engineering Services, Assistant Fire Chief (Fire Prevention) and the Manager of Real Estate Services assessed an application to rezone the two lots at 2669 and 2675 Vanness Avenue from RS-1S to CD-1 to allow an infill one-family dwelling at the rear of each lot. The following recommendations were before Council: A. THAT the application by Inder Bir Sarai, to rezone 2669 and 2675 Vanness Avenue (Lots A & B, Block B, Plan 7248, D.L. South Half of Section 46, THSL) from RS-1S to CD-1 to permit an infill one-family dwelling at the rear of each of these two lots, be referred to a Public Hearing, together with: (i) plans prepared by Allan Diamond, Architect, and received April 28, 1995, (ii) draft CD-1 By-law provisions, generally as contained in Appendix A, and (iii) recommended approval conditions contained in Appendix B, including a requirement to pay fifty percent of the cost of extending Vanness Avenue to Penticton Street through City-owned Lots 8 and 9 on the east side of the 4200 Block of Penticton Street; FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing. B. THAT, subject to approval of the rezoning at a Public Hearing, the Subdivision By-law be amended to delete the site from the maps forming part of Table 1 of Schedule A; FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Subdivision By-law at the time of enactment of the CD-1 By-law. In addition the following motion was presented for Council s consideration: C. THAT, prior to enactment of the CD-1 By-law, the registered property owner shall, at no cost to the City, make arrangements to the satisfaction of the Director of Legal Services, Manager of Real Estate Services and Manager of Parks and Recreation to pay fifty percent of the cost of purchasing and conveying to the Board of Parks and Recreation the balance of City-owned Lots 8 and 9 on the east side of the 4200 Block Penticton Street, after a 10 m right-of-way abutting the BC Hydro corridor has been obtained. The General Manager of Community Services recommended approval of A and B and submitted C for consideration at the Public Hearing. MOVED by Cllr. Bellamy, THAT Recommendations A and B and item C, as contained in the Policy Report dated March 24, 1997 and quoted above, be approved. - CARRIED (Councillor Puil opposed) OTHER REPORTS I. Report of Vancouver Liquor Licensing Commission April 10, 1997 The Council considered this report which contains five clauses identified as follows: Cl. 1: 1583 Coal Harbour Quay - Brent David Davies Class F Marine Pub Cl. 2: 888 West Cordova Street - Terminal City Club Inc. - Class A Pub Liquor License Cl. 3: Procedure for Handling Neighbourhood Complaints with respect to Liquor Licensed Premises Cl. 4: Municipal Approval of Liquor Licenses Cl. 5: Other Business: (a) Provincial Liquor Policy Report 1583 Coal Harbour Quay - Brent David Davies Class F Marine Pub Clause 1 File: 2616-1 MOVED by Cllr. Kennedy, THAT Council endorse the request from Brent Davies for a Class F Marine Pub at 1583 Coal Harbour Quay having considered the opinion of the area residents as determined through the neighbourhood notification process. The application was considered with regard to the proximity of existing and proposed residential developments, availability of parking, possible noise impacts, hours of operation and its compliance with the plan for the Coal Harbour area; FURTHER THAT Council recommend the hours of operation be restricted to 11:00 a.m. to midnight Sunday through Thursday and 11:00 a.m. Friday and Saturday. - CARRIED UNANIMOUSLY (Councillor Puil absent for the vote) 888 West Cordova Street - Terminal City Club Inc. - Class A Pub Liquor License Clause 2 File: 2611-3 MOVED by Cllr. Kennedy, THAT Vancouver City Council endorse the request from the Terminal City Club Inc. for a Class 'A' Pub Liquor License with 125 seats and a 31-seat outdoor patio (on private property), subject to the outdoor patio closing at 11:00 p.m. - CARRIED UNANIMOUSLY Procedure for Handling Neighbourhood Complaints with respect to Liquor Licensed Premises Clause 3 File: 2610-1 MOVED by Cllr. Kennedy, THAT the procedure for handling neighbourhood complaints with respect to liquor licensed premises as presented in the document prepared by the Office of the City Clerk dated April 2, 1997, be adopted as policy. - CARRIED UNANIMOUSLY Municipal Approval of Liquor Licenses Clause 4 File: 2610-1 Councillor Kennedy advised this matter will be considered at the May 15, 1997 meeting of the Vancouver Liquor Licensing Commission. Other Business: (a) Provincial Liquor Policy Report Clause 5 File: 2610-1 MOVED by Cllr. Kennedy, THAT correspondence dated April 10, 1997 from the Chair of the Vancouver Liquor Licensing Commission to the Attorney General of B.C. be received for information. - CARRIED UNANIMOUSLY * * * * * Council recessed at 3:45 p.m. and following an In Camera meeting in the Mayor s Office, reconvened at 5:25 p.m., with all members present. * * * * * CITY MANAGER S ADMINISTRATIVE REPORTS (CONT D) CONFLICT OF INTEREST Councillor Bellamy declared a Conflict of Interest due to his position as a PNE Board Director. 12. Request for a Lease Extension for the PNE April 18, 1997 File: 8009 Before Council was an Administrative Report dated April 18, 1997 from the General Manager of Community Services, which communicated to Council a new proposal from the Provincial Government regarding the PNE. Also before Council was a letter to Mayor Owen from the Honourable Jan Pullinger, Minister of Small Business, Tourism and Culture, which discussed the Provincial proposal, as well as a news release from the Minister dated April 22, 1997, which outlined the Provincial proposal. This matter was originally scheduled for an In Camera meeting earlier this day due to the fact negotiations were being conducted. However, given that the media release had made public the details of the Provincial proposal, Council agreed not to discuss the matter in camera but, instead, release the Administrative Report to the public, and debate the matter in open session. MOVED by Cllr. Puil, A. THAT Council agree to a lease extension for the PNE, so that it can continue to operate Hastings Park through December 31, 1999, subject to the PNE, the City and the Park Board achieving an agreement by June 15, 1997, on transitional park development during the remainder of 1997, 1998 and 1999 consistent with the approved park concept. B. THAT Council agree to pay the PNE $85,000 a month, for the period October 31, 1997 through December 31, 1997, and subsequently $500,000 for the period January 1, 1998 through December 31, 1998 and $500,000 for the period January 1, 1999 through December 31, 1999, for the maintenance of Hastings Park, source of funds to be lease revenue from the Hastings Park Racecourse. C. THAT upon the termination of PNE s tenure at the end of 1999, Council accept payment of $1,100,000 from the Province of British Columbia to assist in the continuing restoration of Hastings Park. D. THAT a firm agreement on a Leisure Entertainment Centre, resulting from the Request for Proposals (which close June 5, 1997), be brought before Council by December 31, 1997. Failure to do this would result in termination of the lease effective December 31, 1998. E. THAT if the lease expires on December 31, 1998,, the Province agree to pay the City the sum of $600,000. F. THAT the existing assets in the Coliseum and the Agrodome be turned over to the City on December 31, 1999 or December 31, 1998, should the lease expire at that time. G. THAT the Province guarantee that if the Request for Proposal is successful, the annual PNE Fair would continue to be part of the operation of the Leisure Entertainment Centre. (No legal rights shall be deemed to flow from approval of these recommendations until an agreement to the satisfaction of the General Manager of Community Services and the Director of Legal Services has been completed and approved by Council). - CARRIED (Councillors Daniel Lee, Sullivan and the Mayor opposed) * * * * * Councillor Bellamy returned from Conflict of Interest at this point in the proceedings. * * * * * RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Sullivan, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. A By-law to amend By-law No. 6747, being by-law which amended the Zoning and Development By-law by rezoning an area to CD-1 [International Village (572 Beatty Street)] MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, THAT the By-law be introduced and read a first time. - CARRIED UNANIMOUSLY The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment. There being no amendments, it was MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law. - CARRIED UNANIMOUSLY Councillors Bellamy, Chiavario and Clarke were excused from voting on By-law 1 2. A By-law to amend By-law No. 7157, being a By-law which amended the Zoning & Development By-law by rezoning an area to CD-1 (3624 Fraser Street) MOVED by Cllr. Bellamy, SECONDED by Cllr. Kennedy, THAT the By-law be introduced and read a first time. - CARRIED UNANIMOUSLY The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment. There being no amendments, it was MOVED by Cllr. Bellamy, SECONDED by Cllr. Kennedy, THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law. - CARRIED UNANIMOUSLY Councillors Chiavario and Price were excused from voting on By-law 2 3. A By-law to amend By-law No. 7476, being a By-law which amended the Zoning & Development By-law by rezoning an area to CD-1 (1606 West 1st Avenue) MOVED by Cllr. Bellamy, 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. Bellamy, 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 Councillor Puil was excused from voting on By-law 3 4. A By-law to Authorize Council Entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (2237-2239 East Pender Street) 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 5. A By-law to Authorize Council Entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (3677-3699 Ash Street) 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 6. A By-law to Amend By-law No. 2849, being the Street and Traffic By-law (Overweight Vehicles) MOVED by Cllr. Bellamy, 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. Bellamy, 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. Conveyance, Acceptance and Allocation of Land for Lane Purposes (The North 2 feet of Lot 22, Block 6, West ´ of Section 22, THSL, Plan 1945) File: 5807 MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, 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: 014-188-767 The North 2 feet of Lot 22 Block 6 West ´ of Section 22 Town of Hastings Suburban Lands Plan 1945 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. Conveyance, Acceptance and Allocation of Land for Lane Purposes (All that portion of Lot 24 of Lot 2, Block 4, District Lots 391 and 392, Plan 1635, Group One, NWD) File: 5807 MOVED by Cllr. Price, SECONDED by Cllr. Kennedy, 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: 014-502-950 All that portion of Lot 24 of Lot 2, Block 4, District Lots 391 and 392, Plan 1635, Group One, New Westminster District, described as follows: Commencing at the northwesterly corner of said Lot 24; Thence 89¯ 14' 30", 3.658 metres, following in the northerly limit of said Lot 24; Thence 224¯ 37' 20", 4.339 metres, more or less, to intersection with a line drawn parallel to and 0.610 metres perpendicularly distant easterly from the westerly limit of said Lot 24; Thence 180¯ 00' 15", 6.706 metres, more or less, following in said parallel line to intersection with the southerly limit of said Lot 24; Thence 269¯ 14' 30", 0.610 metres, more or less, following in the southerly limit of said Lot 24, to the southwesterly corner of said Lot 24; Thence 0¯ 00' 15", 9.754 metres, more or less, following in the westerly limit of said Lot 24, to the point of commencement. The same as shown heavy outlined on plan prepared by J.W. Larson, B.C.L.S., dated December 11th, 1996, and marginally numbered LE16467. 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 C. Closing of Volumetric Portions of 26th Avenue, East from Dunbar Street, and the lane South of 26th Avenue, East from Dunbar 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 A, Block 83, District Lot 2027, Plan LMP 26945 encroach onto 26th Avenue, East from Dunbar Street; 3. The portion of 26th Avenue encroached upon, abutting said Lot A was dedicated by the deposit of Plan 1384; 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 26th Avenue encroached upon; 5. To enable Council to grant the required easement to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portion of 26th Avenue encroached upon; 6. Portions of the building constructed on Lot A, Block 83, District Lot 2027, Plan LMP 26945 encroach onto the lane South of 26th Avenue, East from Dunbar Street; 7. The portion of lane encroached upon, abutting said Lot A was dedicated by the deposit of Plan 1384; 8. 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; 9. To enable Council to grant the required easement to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portion of lane 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 26th Avenue dedicated by the deposit of Plan 1384 and included within the bold outline on a Reference Plan, attested to by C.S. Cryderman, B.C.L.S., representing a survey completed on April 1, 1997; marginally numbered G-119; and BE IT FURTHER 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 1384 and included within the bold outline on a Reference Plan, attested to by C.S. Cryderman, B.C.L.S., representing a survey completed on April 1, 1997; marginally numbered G-119; and BE IT FURTHER RESOLVED THAT all that volumetric portion of 26th Avenue dedicated by the deposit of Plan 1384, East from Dunbar Street included within the heavy outline and illustrated isometrically on a plan of a survey completed on the 1st day of April, 1997, and attested to by C.S. Cryderman, B.C.L.S., and marginally numbered G-116, be closed, stopped-up and that an easement be granted to the abutting owner of Lot A, Block 83, District Lot 2027, Plan LMP 26945, to contain the portions of the existing building which encroach onto 26th Avenue; and BE IT FURTHER RESOLVED THAT all that volumetric portion of lane, dedicated by the deposit of Plan 1384, South of 26th Avenue, East from Dunbar Street, included within the heavy outline and illustrated isometrically on a plan of a survey completed on the 1st day of April, 1997, and attested to by C.S. Cryderman, B.C.L.S., and marginally numbered G-116, be closed, stopped-up, and that an easement be granted to the abutting owner of Lot A, Block 83, District Lot 2027, Plan LMP 26945, to contain the portions of the existing building which encroach onto the lane South of 26th Avenue, East from Dunbar Street. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS 1. B.C. Lion Ticket Kickoff File: 4151-1 Councillor Chiavario advised she had represented Council at the B.C. Lions Ticket Sales Kickoff, and presented a T-Shirt to Mayor Owen on behalf of the football team. 2. Permanent Structures in Strathcona Gardens File: 8024 Councillor Puil enquired whether permanent structures were being constructed in Strathcona Gardens, and if so, whether this is permissible under City regulations. The City Manager agreed to follow-up on this matter. 3. Expanded Gaming Activity File: 2633-1 Councillor Puil referred to a memo from Jacee Schaefer, President of the Casino Management Council of British Columbia to all members of the Council advising effective May 1, 1997, betting limits will increase to $500 in all locations; the memo also advised effective June 1, 1997, longer hours will be permitted within the Greater Vancouver Regional District. The memo reminded the Management Council of its commitment to introduce these changes with as little public stir as possible. MOVED by Cllr. Puil, SECONDED by Cllr. Clarke, THAT Vancouver City Council strenuously objects to the Provincial Government s approval of an increase in the betting limits and expansion of gaming hours within the Greater Vancouver Regional District; FURTHER THAT the City of Vancouver strongly requests the Provincial Government to reverse both these decisions and to hold discussions on gaming with municipalities. - CARRIED UNANIMOUSLY Councillor Clarke requested a memo from staff outlining what powers the City has to deal with the enhancement of charitable casinos through the introduction of higher betting limits, longer hours and the placement of slot machines, e.g. could the City require a referendum be held around the area where a casino is expanding its operations or could the City refuse approval for a casino to relocate its operation. The Mayor so directed. The City Manager advised it is his understanding the City could exercise its power to control development should a casino wish to relocate to another site. The Mayor instructed staff to bring forward for Council s consideration, where appropriate, any building or development applications in process or subsequently received related to casino expansion. Councillor Kennedy advised she had received information that the Casino at the Holiday Inn on West Broadway was expanding and enquired if the City had any control over this expansion. The City Manager agreed to follow-up on this matter. Councillor Chiavario requested information on the issue of Native gambling. She referred to a recent radio program where the Mayor of Richmond and a Councillor of the Musqueam Band were discussing apparent plans for a casino on band lands in Richmond. The Mayor so directed. 4. B.C. Tel Advertisement File: 2851/4201-1 Councillor Kennedy referred to a B.C. Tel advertisement for 14õ per minute phone calls which is being projected by laser beam onto the side of a building at the corner of Georgia Street and Chilco Street. This is a source of annoyance to local residents and information was requested from staff on whether B.C. Tel has received a Special Events permit from the City to conduct this. The Mayor so directed. * * * * * The Council adjourned at approximately 6:45 p.m. * * * * *