CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES May 13, 1997 A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, May 13, 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 CLERK: Maria Kinsella PRAYER The proceedings in the Council Chamber were opened with a prayer read by the City Clerk. IN CAMERA MEETING Council was advised there were property matters to be considered "In Camera" later this day. ACKNOWLEDGEMENT Mayor Owen acknowledged the presence of Masha Krioutchkoua in the Council Chamber. Ms. Krioutchkoua, a grade 6 student from North Vancouver, was the winner of an essay contest sponsored by BCTV and as contest winner, was spending a day with the Mayor of Vancouver. ADOPTION OF MINUTES 1. Minutes of Regular Council (Transportation and Traffic) April 22, 1997 MOVED by Cllr. Price, SECONDED by Cllr. Don Lee, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 2. Minutes of Special Council Meeting (Public Hearing) April 22, 1997 MOVED by Cllr. Bellamy, SECONDED by Cllr. Puil, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 3. Minutes of Regular Council Meeting (Planning and Environment) April 24, 1997 MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 4. Minutes of Regular Council Meeting (City Services and Budgets) April 24, 1997 MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 5. Minutes of Regular Council Meeting May 6, 1997 MOVED by Cllr. Bellamy, SECONDED by Cllr. Sullivan, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY COMMITTEE OF THE WHOLE MOVED by Cllr. Price, SECONDED by Cllr. Puil, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair. - CARRIED UNANIMOUSLY REPORT REFERENCE 1. Richmond Rapidbus Project May 2, 1997 File: 5555-1/5560-1 In an Administrative Report dated April 17, 1997, the General Manager of Engineering Services advised BC Transit is now planning the Richmond Rapidbus project in partnership with Vancouver and Richmond. The report introduced the issues which must be dealt with over the next few months, including a public consultation process, and those issues which can be addressed after implementation. Wayne Pledger, Strategic Transit and Transportation Engineer, introduced Glen Leicester, Executive Director, Strategic and Corporate Planning, BC Transit, who advised this project was proposed in the BC Transit 10 year plan and more recently in the 5-year plan. Until now, the project has been on hold as part of the Provincial capital funding freeze. Mr. Leicester advised this project is scheduled for completion for the Fall of 1999. However an application has been made for funds under the Federal Infrastructure Program which could see the project begin operation as early as the Fall of 1998. With the aid of a slide presentation, Mr. Leicester described the benefits of a Rapidbus, the proposed route, the required infrastructure, the frequency of service, as well as a proposed public consultation program. Members of Council commented this project is a breakthrough for BC Transit and congratulated them on their efforts with regard to the Rapidbus. Transit officials were urged to complete as much of the project by 1998 as possible. MOVED by Cllr. Price, THAT this report be received for information. - CARRIED UNANIMOUSLY 2. Workers Compensation System May 12, 1997 File: 1303 Before Council was a Preliminary Submission from Mr. Ken Dobell, City Manager, to the Royal Commission on the Workers Compensation System. With the aid of a slide presentation, Mr. Dobell summarized the submission to the Royal Commission. An overview of the submission is as follows: - The City is resolutely of the view that it is not the role of the WCB to provide a safety net against social and economic events which have primary origins outside the workplace; - All parties have a role to play in preventing workplace injuries in the worker's compensation system - employers, employees, unions and the WCB. The City believes the system should require employees to be more accountable for their safety; - There is currently a double-standard between large and small employers. If you are large, you are expected to comply and even lead in development of new regulations while if you are a small employer, you rarely if ever see a WCB inspector. This must change; - The City believes there are too many levels of appeal within the WCB structure, costing over $ 12 million a year. A scaled down model will work for one quarter of the costs, as it has for Alberta and Nova Scotia; - The City remains steadfast in its resolve that the economic test used to decide if a worker is "thereby disabled from earning full wages at the work at which he was employed" remains in place. Mr. Dobell advised the City submission will raise the following specific concerns: - Interpretation of Schedule B regarding cancer and heart disease; - Chronic stress and pain; - Return to work procedures. MOVED by Cllr. Puil, THAT Council endorse the submission of the City Manager to the Royal Commission on the Worker's Compensation System. - CARRIED UNANIMOUSLY CITY MANAGER S ADMINISTRATIVE REPORTS 1. Warning to Prospective Purchasers of 3683 West 49th Avenue Lot B, Block 4, DL 314 Group 1 New Westminster, District Plan LMP 17867 April 21, 1997 File: 2701-1 Due to the fact that a delegation request was received, this matter was deferred to a future Standing Committee meeting. 2. Form of Development - 3301 East Pender Street D.E.401542 - CD-1 By-law Number 7672 Owner of Development - City of Vancouver April 29, 1997 File: 2608-1 MOVED by Cllr. Puil, THAT the approved form of development for the CD-1 zoned site known as 3350 East Hastings Street (3301 East Pender Street being the application address) be generally approved as illustrated in Development Application Number DE401542, prepared by Architectura Architects and stamped "Received, City Planning Department July 29, 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. Direct Purchase of Police Motorcycles April 25, 1997 File: 1801-1 MOVED by Cllr. Puil, THAT Council approve the direct purchase from Trev Deeley Motorcycles Ltd., a division of Fred Deeley Imports Ltd., of twenty-one 1998 Harley-Davidson FLHPI Road King police motorcycles, at a total price of $294,000, plus the 7% Goods and Services Tax (less the anticipated receipt of the municipal rebate), the Provincial Sales Tax, and the Provincial Environmental Levy, subject to a contract satisfactory to the Director of Legal Services. - CARRIED UNANIMOUSLY A member of Council requested information on what could be done to reduce the level of noise associated with police motorcycles. Mr. Paul Philcox, Fleet Administrator, Vancouver Police Department, agreed to provide written information to Council on this matter within one week. 4. Warning to Prospective Purchasers of 188 West 22nd Avenue Lot 2, Block 623, DL 526, Plan 2913 April 18, 1997 File: 2701-1 MOVED by Cllr. Bellamy, THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 188 West 22nd Avenue in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-laws related to this building. - CARRIED UNANIMOUSLY 5. FCM Grant Request for FCM Municipal Rights-of-Way Defense Fund May 7, 1997 File: 3253-2/2201 MOVED by Cllr. Puil, THAT Council approve the request of the FCM for a grant of $14,155 to contribute to a Municipal Rights-of-Way Fund from Contingency Reserve. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY 6. Adoption of 1997 Operating Budget, Taxation Resolutions and Bylaws May 10, 1997 File: 1605-1 MOVED by Cllr. Clarke, A. THAT Council adopt the 1997 Operating Budget estimates which are summarized in Appendix A of the Administrative Report dated May 10, 1997, by approving the budget resolution attached as Appendix B. B. THAT Council approve the 1997 Property Taxation Limitation Bylaw limiting the growth in Class 6, Commercial and Other, property taxes for 1997 as submitted this day. C. THAT Council approve the 1997 rating bylaw for the City's general purposes property taxes as submitted this day. D. THAT Council approve the 1997 rating by-laws for the property tax requisitions of the Greater Vancouver Regional District and the Greater Vancouver Regional Hospital District. E. THAT Council approve the resolutions attached as Appendices C through F, adopting adjusted tax rates for the Provincial Schools, the B.C. Assessment Authority, the Municipal Finance Authority, and the Vancouver Regional Transit Commission levies, pursuant to the Vancouver Charter and the Averaging Bylaw No. 7715 adopted by Council on March 25, 1997. - CARRIED (Cllrs. Chiavario and Puil opposed) 7. Form of Development - 88 West Pender Street D.E. 401840 - CD-1 By-law Number 6747 Owner of Development - Henderson Land Holdings Ltd. May 9, 1997 File: 2608-1 MOVED by Cllr. Price, THAT the approved form of development for this portion of the CD-1 zoned site known as International Village (Sub-Area 4) be generally approved as illustrated in Development Application Number DE401840, prepared by Kirkor Architects and stamped "Received, City Planning Department, May 9, 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 CITY MANAGER'S POLICY REPORTS 1. CD-1 Rezoning - 5338-5490 Larch Street April 25, 1997 File: 5305-1 MOVED by Cllr. Bellamy, A. THAT the application by Brook Development Planning Inc. to rezone 5338-5490 Larch Street (Lots 10-16 of Lot 12, Block 17, D.L. 526, Plan 3946) from RS-1 to CD-1, to permit 46 dwelling units in 3-storey townhouse and stacked units, be referred to a Public Hearing, together with: (i) plans received March 26, 1997; (ii) draft CD-1 By-law provisions, generally as contained in Appendix A of the Policy Report dated April 25, 1997; and (iii) the recommendation of the Director of Land Use and Development to approve, subject to conditions contained in Appendix B of the Policy Report dated April 25, 1997. B. THAT, subject to approval of the rezoning at a Public Hearing, the Subdivision By-law be amended as set out in Appendix C of the Policy Report dated April 25, 1997; and 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 zoning by-law. - CARRIED UNANIMOUSLY 2. CD-1 Text Amendment, 800-1100 Pacific Boulevard (Quayside Neighbourhood, Concord Pacific Place) Payment-in-Lieu for Non-Family Non-Market Housing May 6, 1997 File: 5307-1 Prior to consideration of this matter, members of Council noted that it was part of a late distribution, and Council had little time to consider the implications of the report. Responding to a question from a member of Council, Kevin Murphy, Concord Pacific, advised there is additional risk associated with a delay of this report as efficiencies can be realized by coordinating building construction, and a tight schedule is in place. However, Concord Pacific understands the rationale for a deferral, and with the commitment of City staff to fast track the project, can accommodate this request. MOVED by Cllr. Chiavario, THAT this report be deferred to the May 27 Regular Council meeting with the understanding that should Council refer this project to public hearing, the public hearing be scheduled for July 9 or an alternate date which will not delay the timing of the project, and THAT Council be provided with an opportunity to meet with appropriate staff prior to dealing with this referral report. - 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. Sullivan, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. A By-law to limit Commercial Property Tax Increases for 1997 (Commercial Property Tax Increase Limitation By-law) MOVED by Cllr. Clarke, 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. Clarke, 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 levy rates on all taxable real property in the City to raise a sum which, added to the estimated revenue of the City from other sources, will be sufficient to pay all debts and obligations of the City falling due within the year 1997 and not otherwise provided for MOVED by Cllr. Clarke, 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. Clarke, 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 levy a rate on property to raise monies required to be paid to the Greater Vancouver Regional District (1997 Rating By-law - Greater Vancouver Regional District) MOVED by Cllr. Clarke, 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. Clarke, 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 4. A By-law to levy a rate on property to raise monies required to be paid to the Greater Vancouver Regional Hospital District (1997 Rating By-law - Greater Vancouver Regional Hospital District) MOVED by Cllr. Clarke, 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. Clarke, 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 amend By-law No. 5664, being the Miscellaneous Fees (Planning) By-law (Addition of Site Profile Review Fees) 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. Conveyance, Acceptance and Allocation of Lands for Road Purposes (All that portion of Lot J, Block 1, D.L. 715, Plan 8370, Group 1, NWD) File: 5807 MOVED by Cllr. Price, SECONDED by Cllr. Sullivan, THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes lands in the City of Vancouver, Province of British Columbia, more particularly known and described as follows: All that portion of Lot J, Block 1, District Lot 715, Plan 8370, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 25th day of April, 1997, attested to by A. Di Nozzi, B.C.L.S. and marginally numbered LD 3397. AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes. BE IT RESOLVED that the above described lands to be conveyed are upon conveyance hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road. - CARRIED UNANIMOUSLY B. Conveyance, Acceptance and Allocation of Lands for Lane Purposes (All that portion of Lot 6, Block 37, D.L. 51, Plan 1735, Group 1, NWD) File: 5807 MOVED by Cllr. Price, 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: 002-648-555 All that portion of Lot 6, Block 37, District Lot 51, Plan 1735, Group One, New Westminster District, lying southwesterly from a line drawn parallel to and 1.067 metres perpendicularly distant northeasterly from the southwesterly limit of said Lot 6, and extending from the southeasterly limit of said Lot 6 to the northwesterly limit of said Lot 6, the same as shown heavy outlined on plan prepared by J.W. Larson, B.C.L.S., dated January 8, 1997, and marginally numbered LE 16645. 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. Conveyance, Acceptance and Allocation of Lands for Lane Purposes (All that portion of Lot 7, except the east 22 feet, Block 37, D.L. 51, Plan 1735, Group 1, NWD) File: 5807 MOVED by Cllr. Price, 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: 014-319-322 All that portion of Lot 7, except the east 22 feet, Block 37, District Lot 51, Plan 1735, Group One, New Westminster District, lying southwesterly from a line drawn parallel to and 1.067 metres perpendicularly distant northeasterly from the southwesterly limit of said Lot 7, and extending from the southeasterly limit of said Lot 7 to the northwesterly limit of said Lot 7, the same as shown heavy outlined on plan prepared by J.W. Larson, B.C.L.S., dated December 12, 1996, and marginally numbered LE16555. 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 The following Motion was submitted by Councillor Kennedy and recognized by the Chair: 1. Workplace Exposure to Environmental Tobacco Smoke File: 4105-1 MOVED by Cllr. Kennedy SECONDED by Cllr. Price WHEREAS there is strong evidence that exposure to Environmental Tobacco Smoke (second-hand smoke) is a significant workplace hazard, especially in the food and beverage industry; and WHEREAS, to date, the Workers Compensation Board of BC has seen fit to exempt the hospitality industry from a proposed workplace smoking prohibition; and WHEREAS the Workers Compensation Board of Alberta has recently settled worker compensation claims relating to exposure to second-hand smoke in the workplace; and WHEREAS there is strong support for municipal by-laws controlling second-hand smoke in the food and beverage industry; and WHEREAS these by-laws have generated strong reaction for the need for a level playing field within the food and beverage industry and between municipalities; therefore BE IT RESOLVED that the UBCM request that the Workers' Compensation Board enact regulations which will protect all workers in BC from exposure to Environmental Tobacco Smoke, including those workers in the food and beverage industry. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS 1. Casino Public Opinion Poll File: 2633-1 Councillor Clarke referred to a request made for information pertaining to a poll conducted for the Ministry of Employment and Investment gathering public opinion on gaming. The documents released by the Provincial Government do not include the entire poll and were accompanied by a press release which was contradictory in some areas. MOVED by Cllr. Clarke, SECONDED by Cllr. Chiavario, THAT the City request that the Provincial Government release the entire public opinion poll, including a breakdown of the responses by region. - CARRIED UNANIMOUSLY 2. National Crime Prevention Council of Canada Report File: 3701-2 Councillor Kennedy referred to a report from the National Crime Prevention Council regarding incarceration in our prison system, and the cost of same, as well as the need to look at other options. Mayor Owen directed that a copy of this report be distributed to all members of Council. 3. Speed Table File: 5757-1 Councillor Clarke referred to a memorandum received from Engineering Staff which advised that the cost of constructing a speed table at Prince Edward Street and 37th Avenue was $55,000. It was requested that staff provide a further breakdown of this expenditure. The Mayor so directed. * * * * Council recessed at 5:15 p.m. for an "In Camera" meeting in the Mayor's Office.