CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES June 24, 1997 A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, June 24, 1997, commencing at approximately 2:00 p.m. in the Council Chamber, third floor, City Hall. PRESENT: Mayor Philip Owen Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Nancy A. Chiavario (Leave of Absence) Councillor Lynne Kennedy (Sick Leave) 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. CONDOLENCES Mayor Owen advised of the recent passing of Dr. Sydney Segal, a former Civic Merit recipient, and long-time Chair of the Family Court/Youth Justice Committee. Dr. Segal was an internationally recognized pediatrician and acknowledged authority on standards of medical ethics, family and children s law, and drug dependency. MOVED by Cllr. Clarke, THAT a letter of condolence be sent, on behalf of Council, to the family of Dr. Segal. - CARRIED UNANIMOUSLY "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 (Transportation and Traffic) June 3, 1997 MOVED by Cllr. Price, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY 2. Minutes of Regular Council Meeting June 17, 1997 MOVED by Cllr. Daniel Lee, SECONDED by Cllr. Bellamy, THAT the foregoing minutes be adopted. - CARRIED UNANIMOUSLY COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Don Lee, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair. - CARRIED UNANIMOUSLY REPORT REFERENCE 1. Review of Alcohol and Drug Services in Vancouver File: 4101 Mr. Jeff Brooks, Manager of Community Services, Social Planning, provided a report reference on a document entitled "Review of Alcohol and Drug Services in Vancouver". This report was sponsored by the Ministry for Children and Families and the Vancouver/Richmond Health Board. The purpose of the review was to recommend a program model and organizational structure which will best meet Vancouver's growing service needs, and to make recommendations on resource requirements. The review identified the following main problems and issues that need to be addressed: shifting responsibility for Alcohol and Drug Services (ADS); restricted ability for regions to respond strategically with flexibility to local issues; inadequate planning and information infrastructure to strategically manage resources and deal with local trends and issues; program and service inconsistencies with issues being addressed on an ad hoc basis, which has led to a variety of differences in programs and fragmentation of service; access to service has been a problem for some of the more vulnerable populations; insufficient resources. Solutions promoting quality, effectiveness and efficiency include: One regional-based management structure that is accountable for ADS in Vancouver; a continuum of care from health promotion to treatment and support for adults, children and youth, families and older adults; appropriate integration of services and consistent with Ministry of Children and Families and Vancouver/Richmond Health Board; a model of detox and treatment case management, and service utilization assessment; the development of a coherent harm reduction management approach; improved access to service for certain special needs populations; a regional data and information system to support decision-making; an ability to generate and analyse the data in order to set strategic directions, and to be held more accountable for outcomes. The action plan will include the following steps: work to integrate the current school-based prevention services and school health services; streamline detox and treatment services; restructure existing alcohol and drug services to outpatient clinics; review residentially-based treatment and support services; establish a community information bank on the epidemiology of drug and alcohol use; implement an injection drug use harm reduction strategy; development of appropriate medical services for people facing severe withdrawal syndrome and multiple diagnosis. MOVED by Cllr. Clarke, THAT Council endorse the report entitled Review of Alcohol and Drug Services in Vancouver and the Provincial Government be urged to act immediately on the report. - CARRIED UNANIMOUSLY 2. Charitable Gaming June 23, 1997 File: 2633 Before Council was an Administrative Report dated June 23, 1997 from the Director of Community Services Division, Social Planning which informed Council of changes related to the charitable gaming model in British Columbia, and how these changes could affect charities in the City of Vancouver. Mario Lee, Social Planning Analyst, advised that on June 20, 1997, at a by-invitation-only meeting, the Lotteries Advisory Committee of the Provincial Government released further information regarding the expansion of gaming in B.C. Staff believe this is the development of a complete new model for charitable gaming in the B.C. At present the government revenue generated by the casinos and bingo operations is $14 million, the owners/operators revenue is $73 million (operation costs are paid out of this portion), while charities receive $112 million from both activities. Once the expansion is fully implemented, the Government revenue form charitable gaming could increase to $344 million, owners/operators revenue could increase to $284 million, while the charities portion could increase to $172 million. MOVED by Cllr. Puil, THAT Council request the Provincial Government to allow the City of Vancouver to retain the monies derived from traffic fines in Vancouver and a portion of photo radar revenue, thereby enabling the City to augment its meagre police resources to adequately cope with a problem which is being compounded by Victoria s policies on gaming. - CARRIED UNANIMOUSLY MOVED by Cllr. Clarke, THAT this report be received for information, and FURTHER THAT this report be forwarded to the UBCM along with the report from Detective Randy Peterson, Vancouver Police Department and Coordinated Law Enforcement Unit, which was delivered at International Conference on Gambling and Risk Taking in Montreal. - CARRIED UNANIMOUSLY MOVED by Cllr. Sullivan, THAT information be forwarded to the Governor of Washington State advising of the adverse impacts being felt in B.C. from gaming activities in Washington, and the expansion of gaming which is occurring as B.C. tries to keep pace. LOST (Cllrs. Bellamy, Herbert, Don Lee, Puil and Mayor Owen opposed) UNFINISHED BUSINESS 1. City Hall Pay Parking Proposal to Reduce Auto Commuting File: 1301/5651 MOVED by Cllr. Price, THAT this matter be deferred to a future meeting of the Standing Committee on Transportation and Traffic, at which time staff are to provide additional information, and a delegation from the Union can be heard. - CARRIED (Cllr. Puil opposed) * * * * Council recessed at 4:00 p.m., and following an "In Camera" meeting in the Mayor's Office, reconvened at 4:25 p.m., with the same members present. * * * * COMMUNICATIONS AND/OR PETITIONS 1. Resolutions for 1997 UBCM Convention File: 3252 MOVED by Cllr. Puil, THAT the following resolution 1(b), be endorsed for submission to the Union of British Columbia municipalities: 1(b) Delegation of Routine Strata Title Conversion Approvals WHEREAS the Condominium Act establishes a Municipal Council as the approving authority for existing buildings seeking to convert to strata title ownership, and outlines certain requirements that the Council must ensure are met before approval may be given, including consideration of "priority of rental accommodation over privately-owned housing in the area"; AND WHEREAS the Municipal Council may have no policy objection to conversion of industrial/commercial buildings to strata title ownership, or the conversion of very specific types of residential buildings (e.g., an existing one-family dwelling on the same site as a newly-constructed infill dwelling); AND WHEREAS the Municipal Council may prefer to avoid the applicant delay and staff resources required to bring such routine applications to Council for approval; THEREFORE BE IT RESOLVED THAT the Condominium Act be amended to enable the Municipal Council to delegate its strata title approval authority to its subdivision Approving Officer (or other municipal officer as chosen by the Council) for those types of existing buildings prescribed by Council resolution, and subject to any additional limitations or conditions established by the Council. - CARRIED UNANIMOUSLY Note From Clerk: Resolution 1(a) was withdrawn by the Chief Constable. CITY MANAGER'S ADMINISTRATIVE REPORTS 1. Asbestos Control Program and Staffing June 6, 1997 File: 1306-2 MOVED by Cllr. Bellamy, A. THAT Council approve the Asbestos Control Program as ongoing and until such time as it is no longer required under Workers Compensation Board Regulations. B. THAT Council approve the establishment of three regular Asbestos Surveyor/Worker positions replacing the existing temporary positions at no additional cost to the Operating Budget. - CARRIED UNANIMOUSLY 2. New Position - Treasury Analyst June 3, 1997 File: 1306-5 MOVED by Cllr. Puil, THAT a position of Treasury Analyst be created, subject to classification review by the Director of Human Resources, at an estimated cost of $70,000, with funding from the Operating Budget. - CARRIED UNANIMOUSLY 3. Annual Report on Council Remuneration and Expenses June 11, 1997 File: 1255 This report was withdrawn by the Director of Finance. 4. Award of Tender No. 35-97-02, Supply of 4.5 Cubic Meter Wheel Loader June 6, 1997 File: 1805 MOVED by Cllr. Don Lee, THAT Council accept the bid which represents best value to the City from Finning Ltd. for one (1) Caterpillar model 980G at a total cost of $370,203.00, plus the Provincial Sales Tax, the 7% Goods and Services tax (less any municipal rebate received) and the BC Environmental Levy, subject to a contract satisfactory to the Director of Legal Services. - CARRIED UNANIMOUSLY 5. Interurban Car Fund Raising June 9, 1997 File: 5558/5051 MOVED by Cllr. Herbert, A. THAT Council approve the application to heritage societies, namely, British Columbia Heritage Trust, in an effort to raise funds for Interurban Cars 1207 and 1231. B. THAT Council approve efforts to raise funds for Interurban Cars 1207 and 1231 through promotion of requests for private and corporate donations. - CARRIED UNANIMOUSLY 6. Extension of Combined Development and Building Permit Nos. DB401168 (for construction) and DB401169 (for demolition) 1076 West 51st Avenue (to be changed to 1088 West 51st Avenue) June 5, 1997 File: 2605 MOVED by Cllr. Puil, THAT City Council approve an extension of Combined Development and Building Permit Nos. DB401168 and DB401169 until November 28, 1997. - CARRIED UNANIMOUSLY 7. Reconstruction of 4600 Block West 8th Avenue May 22, 1997 File: 5809-1 MOVED by Cllr. Clarke, A. THAT the 4600 Block of West 8th Avenue be reconstructed with an 8.5 m pavement and corner bulges at each end of the block. B. THAT $75,000 be allocated from Streets Basic Capital Unallocated Account No. 12/31/2802/999 - Local Street Reconstruction. - CARRIED UNANIMOUSLY 8. Amendment to Aoki Public Art Agreement June 12, 1997 File: 3130/1203 This report was withdrawn at the request of the Manager, Public Art Program. 9. Form of Development: 1701 Bayshore Drive D.E. 402045 - CD-1 By-law Number 7232 Owner of Development: Aoki Corporation June 12, 1997 File: 2604 MOVED by Cllr. Puil, THAT the approved form of development for Sub-Area 2 of the CD-1 zoned site known as 1601 West Georgia Street (1701 Bayshore Drive being the application address) be generally approved as illustrated in Development Application Number DE402045, prepared by Henriquez Partners Architects and stamped "Received, City Planning Department, January 15, 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. Extension of Building Permit No. BU400090 725 - 747 South East Marine Drive June 11, 1997 File: 2607 MOVED by Cllr. Clarke, THAT City Council approve an extension of Building Permit No. BU400090 until July 31, 1997. - CARRIED UNANIMOUSLY 11. 1997 Public Art Allocations from 1997/99 Capital Plan June 12, 1997 File: 2401 MOVED by Cllr. Bellamy, A. THAT Council approve $75,000 for the 1997 Community Public Art Program with specific projects to be reported back, and source of funds to be the Public Art Unallocated Budget. B. THAT Council approve grants up to a total of $10,000 for art fabrication materials for the community centre associations listed in Appendix A of the June 12, 1997 Administrative Report, with funds to be released on authority of the Director of Cultural Affairs, and source of funds to be the Public Art Unallocated Budget. C. THAT Council approve $16,000 for Greenway Ridgeway art works to complete the current Ridgeway Pilot project, with the source of funds to be the Pubic Art Unallocated Budget. D. THAT Council approve up to $16,000 for 1997 Public Art Program expenses as described in this report, with the source of funds to be the Public Art Unallocated Budget. E. THAT Council approve up to $30,000 for "Working Landscape", with the source of funds to be $15,000 from the Public Art Unallocated Budget and $15,000 from the Public Art General Reserve. F. THAT Council authorize the Director of Finance to issue tax receipts for donations received by the City for "Working Landscape". - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY 12. Re-approval of Strata Conversion: 2025 and 2027 East Kent Avenue North June 13, 1997 File: 5311 MOVED by Cllr. Puil, THAT the application to convert the previously-occupied buildings at 2025 and 2027 East Kent Avenue North (Lot E, Block O, D.L. 328, Plan 8555) to strata title ownership be reapproved 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 re-approval: Completion of all work required by the City Building Inspector, under the required permits, at no cost to the City, in order that the previously-occupied principal building on this site substantially complies with all relevant by-laws. - CARRIED UNANIMOUSLY 13. Possible Withholding Action for 4396 Locarno Crescent - West Point Grey Interim Zoning Review Study Area June 19, 1997 File: 2606 In an Administrative Report dated June 19, 1997, the Director of Community Planning reported on a possible withholding of a development application received on June 3, 1997. The following recommendation was before Council. A. THAT Council instruct staff to process the Development Permit Application for the proposed alterations at 4396 Locarno Crescent in the normal manner. Alternatively, the following resolution was submitted for consideration: B. THAT in accordance with Council's instruction of April 22, 1997, to refer portions of West Point Grey to Public Hearing, Council withhold for 30 days in accordance with the provisions of Section 570(1) of the Vancouver Charter, the Development Permit for the proposed addition at 4396 Locarno Crescent, expiring July 2, 1997, and for a further 60-day period, expiring August 31, 1997, for a total of 90 days from the date of submission, pursuant to Section 570(2)of the Vancouver Charter. The General Manager of Community Services recommended approval of A, and if Council did not approve A, submitted B for consideration. MOVED by Cllr. Clarke, THAT the recommendation of the General Manager of Community Services be approved. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Puil, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY BY-LAWS 1. By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $36,370.17 in lawful money of Canada for certain Lane Lighting projects constructed as local improvements and for imposing an annual special rate on real property specially benefitted by such local improvements MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, 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. Puil, SECONDED by Cllr. Bellamy, 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. By-law to contract a debt the issue and sale of debentures in the aggregate principal amount of $2,258,137.56 in lawful money of Canada for certain pavement and curb, lane paving and cement walks and speed ramp projects constructed as local improvements and for imposing an annual special rate on real property specially benefitted by such local improvements MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, 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. Puil, SECONDED by Cllr. Bellamy, 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. By-law to contract a debt by the issue and sale of debentures in the aggregate principal amount of $166,181.52 in lawful money of Canada for certain street beautification projects constructed as local improvements and for imposing an annual special rate on real property specially benefitted by such local improvements MOVED by Cllr. Puil, SECONDED by Cllr. Bellamy, 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. Puil, SECONDED by Cllr. Bellamy, 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 rates on qualifying real property located in the Gastown Business Improvement Area MOVED by Cllr. Clarke, SECONDED by Cllr. Don Lee, 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. Don Lee, 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 levy rates on qualifying real property located in the Kerrisdale Business Improvement Area MOVED by Cllr. Clarke, SECONDED by Cllr. Don Lee, 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. Don Lee, 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 levy rates on qualifying real property located in the Mount Pleasant Business Improvement Area MOVED by Cllr. Clarke, SECONDED by Cllr. Don Lee, 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. Don Lee, 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 7. A By-law to levy rates on qualifying real property located in the Robson Street Business Improvement Area MOVED by Cllr. Bellamy, 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. Bellamy, 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 8. A By-law to levy rates on qualifying real property located in the Downtown Vancouver Business Improvement Area MOVED by Cllr. Bellamy, 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. Bellamy, 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. Pavement, Curbs and Trees on Alberta Street from 5th Avenue to 6th Avenue File: 5809 MOVED by Cllr. Herbert, SECONDED by Cllr. Daniel Lee, WHEREAS a pavement, curbs and trees project on Alberta Street from 5th Avenue to 6th Avenue (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on November 16, 1995, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby; AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed; AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows: "THAT Council approve Special Local Improvement Relief to underdeveloped properties which front on pavement and curb improvements as follows: the relief to be such that the owners pay only seventy-five percent of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; the relief to commence with ... projects placed on the Tax Roll in 1980 for the first time; the Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy."; AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows: "THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates."; AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows: "THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief."; AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows: "B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void."; AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2011; AND WHEREAS: Lot D of Lots 11 and 12, Block 14, District Lot 302, Plan 5832 hereinafter called the "lot", abuts the project and contains an owner-occupied single-family dwelling; AND WHEREAS the owners of the lot have applied for special relief by way of a reduction in taxes; AND WHEREAS the lot is zoned I-1 (Industrial) under the Zoning and Development By-law; AND WHEREAS the Collector of Taxes is satisfied that the lot is eligible, under the provisions of the resolutions of Council cited herein, for the relief requested; AND WHEREAS a special annual assessment for the said project imposed on the lot for a period of fifteen (15) years if assessed as I-1 (Industrial) would be $445.03; BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lot is especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1997 and each subsequent year up to and including 2011 of $333.77 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against the lot the amount of the reduced special assessments. The difference between the said amounts shall be provided out of the general funds of the City. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY B. Pavement, Curbs and Trees on 15th Avenue from Willow Street to Heather Street File: 5809 MOVED by Cllr. Herbert, SECONDED by Cllr. Daniel Lee, WHEREAS a pavement, curbs and trees project on 15th Avenue from Willow Street to Heather Street (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on December 6, 1994, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby; AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed; AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows: "THAT Council approve Special Local Improvement Relief to underdeveloped properties which front on pavement and curb improvements as follows: the relief to be such that the owners pay only seventy-five percent of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; the relief to commence with ... projects placed on the Tax Roll in 1980 for the first time; the Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy."; AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows: "THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates."; AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows: "THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief."; AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows: "B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void."; AND WHEREAS on August 2, 1990, Council passed a resolution extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects"; AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows: "(a) THAT Council approve the additional special relief to owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983"; AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2010; AND WHEREAS: Lot 6, Block 478A, District Lot 526, Plan 2118 hereinafter called the "lot", abuts the project and contains an owner-occupied dwelling containing two dwelling units; AND WHEREAS the owners of the lot have applied for special relief by way of a reduction in taxes; AND WHEREAS the lot is zoned RM-4 (Multiple) District under the Zoning and Development By-law; AND WHEREAS the Collector of Taxes is satisfied that the lot is eligible, under the provisions of the resolutions of Council cited herein, for the relief requested; AND WHEREAS a special annual assessment for the said project imposed on the lot for a period of fifteen (15) years if assessed as RM-4 (Multiple) District would be $579.03; BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lot is especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1997 and each subsequent year up to and including 2010 of $482.53 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against the lot the amount of the reduced special assessments. The difference between the said amounts shall be provided out of the general funds of the City. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY C. Pavement, Curbs and Trees on Cambridge Street from Nanaimo Street to Kamloops Street File: 5809 MOVED by Cllr. Herbert, SECONDED by Cllr. Daniel Lee, WHEREAS a pavement, curbs and trees project on Cambridge Street from Nanaimo Street to Kamloops Street (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on June 22, 1995, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby; AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed; AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows: "THAT Council approve Special Local Improvement Relief to underdeveloped properties which front on pavement and curb improvements as follows: the relief to be such that the owners pay only seventy-five percent of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; the relief to commence with ... projects placed on the Tax Roll in 1980 for the first time; the Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy."; AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows: "THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates."; AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows: "THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief."; AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows: "B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void."; AND WHEREAS on August 2, 1990, Council passed a resolution extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects"; AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows: "(a) THAT Council approve the additional special relief to owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983"; AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2011; AND WHEREAS: The West ´ of Lot 904, except part in Plan 6071, Town of Hastings, Plan 6675 The East ´ of Lot 904, except Part in Plan 6071, Town of Hastings, Plan 6675 hereinafter collectively called the "lots", abut the project and each contains an owner-occupied dwelling containing three dwelling units. AND WHEREAS the owners of the lots have applied for special relief by way of a reduction in taxes; AND WHEREAS the lots are zoned RM-3A (Multiple) District under the Zoning and Development By-law; AND WHEREAS the Collector of Taxes is satisfied that the lots are eligible, under the provisions of the resolutions of Council cited herein, for the relief requested; AND WHEREAS a special annual assessment for the said project imposed on the lots for a period of fifteen (15) years if assessed as RM-3A (Multiple) District would be: $430.18 for the East ´ of Lot 904 $430.19 for the West ´ of Lot 904 BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lots are especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1997 and each subsequent year up to and including 2011 of: $376.41 for the East ´ of Lot 904 $376.42 for the West ´ of Lot 904 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the Tax Rolls against the lots the amounts of the reduced special assessments. The difference between the said amounts shall be provided out of the general funds of the City. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY D. Pavement, Curbs and Trees on Windsor Street from 7th Avenue to 8th Avenue File: 5809 MOVED by Cllr. Don Lee, SECONDED by Cllr. Daniel Lee, WHEREAS a pavement, curbs and trees project on Windsor Street from 7th Avenue to 8th Avenue (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on November 16, 1995, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby; AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed; AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows: "THAT Council approve Special Local Improvement Relief to underdeveloped properties which front on pavement and curb improvements as follows: the relief to be such that the owners pay only seventy-five percent of the rate for their zoning; the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; the relief to be given on a year-to-year basis so long as the properties remain eligible; the relief to commence with ... projects placed on the Tax Roll in 1980 for the first time; the Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy."; AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows: "THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates."; AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows: "THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief."; AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows: "B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void."; AND WHEREAS on August 2, 1990, Council passed a resolution extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects"; AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows: "(a) THAT Council approve the additional special relief to owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983"; AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2011; AND WHEREAS: Lot B, Block 110, District Lot 264A, Plan 7094 Lot 13, Block 109, District Lot 264A, Plans 369 and 1771, hereinafter collectively called the "lots", abut the project and Lot B contains an owner-occupied single-family dwelling, and Lot 13 contains an owner-occupied dwelling containing two dwelling units; AND WHEREAS the owners of the lots have applied for special relief by way of a reduction in taxes; AND WHEREAS the lots are zoned RM-4 (Multiple) District under the Zoning and Development By-law; AND WHEREAS the Collector of Taxes is satisfied that the lots are eligible, under the provisions of the resolutions of Council cited herein, for the relief requested; AND WHEREAS a special annual assessment for the said project imposed on the lots for a period of fifteen (15) years if assessed as RM-4 (Multiple) District would be: $ 749.35 for Lot B $1,228.55 for Lot 13 BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lots are especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1997 and each subsequent year up to and including 2011 of: $562.01 for Lot B $614.28 for Lot 13 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the Tax Rolls against the lots the amount of the reduced special assessments. The difference between the said amounts shall be provided out of the general funds of the City. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY E. Lane Pavement on the lane east of Hudson Street from 70th Avenue to the lane north of 71st Avenue File: 5809 MOVED by Cllr. Don Lee, SECONDED by Cllr. Daniel Lee, WHEREAS lane pavement on the lane east of Hudson Street from 70th Avenue to the lane north of 71st Avenue (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on June 22, 1995, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby; AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed; AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows: "A. Council adopt a standing policy of giving special relief as follows with respect to lane paving local improvements where properties are used residentially but zoned for higher use: 1. the relief to be such that they pay only one-half of the rate for their zoning; 2. the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; 3. the relief to be given on a year-to-year basis as long as the properties remain eligible; 4. the relief to commence with projects placed on the Tax Roll in 1977." AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows: "THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates."; AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows: "THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief."; AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows: "B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void."; AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2010; AND WHEREAS: Lot 13, Block 17, District Lot 318, Plan 1749 hereinafter called the "lot", abuts the project and contains an owner-occupied single-family dwelling; AND WHEREAS the owner of the lot has applied for special relief by way of a reduction in taxes; AND WHEREAS the lot is zoned RM-3A (Multiple) District under the Zoning and Development By-law; AND WHEREAS the Collector of Taxes is satisfied that the lot is eligible, under the provisions of the resolutions of Council cited herein, for the relief requested; AND WHEREAS a special annual assessment for the said project imposed on the lot for a period of fifteen (15) years if assessed as RM-3A (Multiple) District would be $221.08; AND WHEREAS application of the relief policies would result in a rate lower than residential rates; BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lot is especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1997 and each subsequent year up to and including 2010 of $122.46 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against the lot the amount of the reduced special assessments. The difference between the said amounts shall be provided out of the general funds of the City. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY F. Lane Pavement on the lane east of Osler Street from 67th Avenue to the lane north of 70th Avenue and the lane north of 70th Avenue from Osler Street to the lane east of Osler Street File: 5809 MOVED by Cllr. Don Lee, SECONDED by Cllr. Daniel Lee, WHEREAS lane pavement on the lane east of Osler Street, from 67th Avenue to the lane north of 70th Avenue and the lane north of 70th Avenue from Osler Street to the lane east of Osler Street (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on June 11, 1996, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby; AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed; AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows: "A. Council adopt a standing policy of giving special relief as follows with respect to lane paving local improvements where properties are used residentially but zoned for higher use: 1. the relief to be such that they pay only one-half of the rate for their zoning; 2. the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement; 3. the relief to be given on a year-to-year basis as long as the properties remain eligible; 4. the relief to commence with projects placed on the Tax Roll in 1977." AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows: "THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates."; AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows: "THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief."; AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows: "B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void."; AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2011; AND WHEREAS: Lot D, Except the East 7 Feet and the West 10 Feet, now Highways, Block 33 of Subdivision B, District Lots 319, 323 and 324, Plan 2010 hereinafter called the "lot", abuts the project and contains an owner-occupied single-family dwelling; AND WHEREAS the owner of the lot has applied for special relief by way of a reduction in taxes; AND WHEREAS the lot is zoned RM-3A (Multiple) District under the Zoning and Development By-law; AND WHEREAS the Collector of Taxes is satisfied that the lot is eligible, under the provisions of the resolutions of Council cited herein, for the relief requested; AND WHEREAS a special annual assessment for the said project imposed on the lot for a period of fifteen (15) years if assessed as RM-3A (Multiple) District would be $158.41; AND WHEREAS application of the relief policies would result in a rate lower than residential rates; BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lot is especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 1997 and each subsequent year up to and including 2011 of $84.20 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against the lot the amount of the reduced special assessments. The difference between the said amounts shall be provided out of the general funds of the City. - CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY G. Allocation of Land for Road Purposes (All that portion of Lot 9, Block 24, District Lot 200, Plan 2591, Group 1, New Westminster District) File: 5807 MOVED by Cllr. Don Lee, SECONDED by Cllr. Bellamy, THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows: City of Vancouver Parcel Identifier: 010-984-488 All that portion of Lot 9, Block 24, District Lot 200, Plan 2591, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 10th day of June, 1997, attested to by A. Di Nozzi, B.C.L.S., and marginally numbered LD 3409. 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, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road. - CARRIED UNANIMOUSLY ENQUIRIES AND OTHER MATTERS 1. Skateboarding File: 4151 Councillor Bellamy advised he had received complaints about damage to the newly opened portion of the seawall at the foot of Broughton Street resulting from skateboarders, and asked appropriate officials be notified of this problem. On a related matter, Cllr. Bellamy advised he had been approached by skateboarders requesting repairs to the facility at Broadway and Clark. Mayor Owen directed that the latter matter be referred to the Park Board. 2. Letter of Congratulation File: 1051 Councillor Price advised he had attended a function at Windsor and 37th Avenue the previous weekend, along with the Mayor and Councillor Don Lee, and was impressed with the local effort at organizing this event. It was suggested that the Mayor write to local residents involved congratulating them on the event. The Mayor undertook to do so. * * * * The Council adjourned at 5:20 p.m.