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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE ON
PLANNING AND ENVIRONMENT
JULY 24, 1997
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, July 24, 1997, at approximately 4:55 p.m. in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Gordon Price
Councillor George Puil

ABSENT: Councillor Don Lee
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COUNCIL: Allisen Croft
COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
SECONDED by Cllr. Bellamy,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair.
- CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
July 24, 1997
Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:
Cl.1: Significant Rezoning and Development Applications
Cl.2:Terms of Reference for Hiring Consultants on Environmental Sustainability for Planning Southeast False Creek
Cl.3: Sidewalk Cafe Program Expansion to Downtown Pubs
Cl.4:Proposed Signage for the Dance Centre (1410 Granville Street)
Cl.5: Award of Tender No. 39-97-04,
The Supply of 75' Aerial Ladder and Pumper Fire Truck
Clauses 1, 2 and 5
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clauses 1, 2 and 5 of the attached report, be approved.
- CARRIED UNANIMOUSLY
Sidewalk Cafe Program Expansion to Downtown Pubs
(Clause 3)
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clause 3 of the attached report, be approved.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Herbert,
G.THAT the same policing arrangements apply to the Sidewalk Pub Patio of the Yaletown Brewing Company as to the Entertainment District, following the report back by staff on timing, costs, sources of revenue and mechanisms for collection required for the policing needed to deal with the impacts of licensed establishments on Theatre Row, requested by Council on June 19, 1997.
- LOST
(Councillors Bellamy, Clarke, Daniel Lee and Puil and the Mayor opposed)
Proposed Signage for the Dance Centre (1410 Granville Street)
(Clause 4)
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clause 4 of the attached report, be approved.
- CARRIED
(Councillor Chiavario opposed to Recommendation B)
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. Bellamy,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Leave of Absence - Councillor Jennifer Clarke
File: 1254
MOVED by Cllr. Chiavario,
Seconded by Cllr. Bellamy,
THAT Councillor Jennifer Clarke be given leave of absence over the dates of July 28-31, 1997 for her planned trip to France.
- CARRIED UNANIMOUSLY

The Council adjourned at 5:00 p.m.
* * * * *
REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
JULY 24, 1997
A Regular Meeting of the Standing Committee on Planning and Environment was held on Thursday, July 24, 1997 at 2:00 p.m. in Committee Room No. 1, Third Floor, City Hall.
PRESENT: Councillor Jennifer Clarke, Chair
Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Gordon Price
Councillor George Puil
ABSENT: Councillor Don Lee
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COMMITTEE: Allisen Croft
ADOPTION OF MINUTES
The Minutes of the Standing Committee Meeting on June 26, 1997, were adopted.
RECOMMENDATION
1. Significant Rezoning and Development Applications
File: 5302
The Committee had before it three significant rezoning and development applications, prepared by the Planning Department (on file).
·Rob Whitlock, Planner, reviewed the rezoning application dated May 20, 1997 (completed on June 26, 1997) for 6238-6264 Ash Street. The application proposes 13 stacked units in a 3-storey multiple dwelling at 1.0 FSR with parking below the courtyard. Issues relate to neighbourhood concerns re increased traffic congestion.
·Lynda Challis, Planner, reviewed the rezoning application dated June 6, 1997 for 3330 S.E. Marine Drive (Fraser Lands Church). The purpose of the requested CD-1 amendment is to increase the FSR from 0.25 to 0.57 to allow expansion of the existing church, to include a gymnasium, small chapel, additional offices and classrooms on the south side. Parking would be increased from 73 to 98 spaces, of which 41 spaces would be located underground. No issue has been identified other than some concern over the form of development.
·Ralph Segal, Planner, reviewed the development application dated June 17, 1997, by Mike Huggins, Burrows Huggins Architects, for a 4-storey commercial development at 4098 Knight Street (Kingsway and Knight site) to include a 3-storey shopping mall (255 strata units); 1-storey office on 4th floor (37 strata units); and 816 underground parking stalls. No major food store will be included because of a Safeway covenant precluding same, as a condition of sale. The proposal includes a lane closure and rerouting of the existing lane, and a report to Council on the matter is forthcoming. Issues relate to retail street interface, extent of height relaxation (40' outright relaxed to 55' previously by theDevelopment Permit Board at preliminary stage), and community concerns pertaining to future neighbourhood vision.
The following motion by Councillor Bellamy was put and carried. The Committee, therefore,
RECOMMENDED
THAT the Planning Department presentations on significant rezoning and development applications be received for information.
- CARRIED UNANIMOUSLY
RECOMMENDATION
2. Terms of Reference for Hiring Consultants on Environmental
Sustainability for Planning Southeast False Creek
File: 8206
The Committee had before it a Policy Report dated July 8, 1997 (on file), in which the Director of Central Area Planning, in consultation with the Manager of Real Estate Services and the Director of Finance, presented Terms of Reference and set a budget for the consultancy on environmental sustainability for Southeast False Creek. This consultancy will be underway as other activities begin towards preparing an overall policy statement for the area. Ultimately, all work must merge into a coherent direction for later detailed zoning and development planning. The entire planning program was outlined fully and approved by Council in October 1995. Council initiated the planning process on May 8, 1997 after receiving a consultant’s report on the economic parameters for development, and directed staff to report back on terms of reference for a sustainable development consultancy by July 1997.
Larry Beasley, Director of Central Area Planning, briefed the Committee on the Policy Report and responded to questions. The original estimate to complete the required work was low and has been increased to more realistically reflect the costs involved. In response to a request the Vancouver Planning Commission be included as one of the advisory groups on the project, Mr. Beasley concurred noting that there has already been close liaison with the Commission.
The following motion by Mayor Owen was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT the Terms of Reference in the Policy Report dated July 8, 1997 be endorsed by Council for a consultancy on environmental sustainability for Southeast False Creek;
B.THAT funding for the consultancy in an amount up to $80,000 be approved;
FURTHER THAT the required funds, to be determined with the hiring of the consultant, come from the Property Endowment Fund.
- CARRIED UNANIMOUSLY
3. Sidewalk Cafe Program Expansion to Downtown Pubs File: 2635
The Committee had for consideration an Administrative Report dated July 10, 1997 in which the General Manager of Engineering Services, in consultation with the Director of Central Area Planning, addressed housekeeping issues that streamline administration of the Sidewalk Cafe Program and responded to a request from the Yaletown Brewing Company that neighbourhood pubs be permitted to have sidewalk cafes. Both neighbourhood pub and hotel pub/lounge operators and their customers have expressed strong interest in having sidewalk patios that abut their establishments. However, due to concerns regarding noise levels, the number of licensed seats in the downtown area, and the increased possibility of rowdy behaviour, pub/lounge seating on city sidewalks has not, to date, been permitted.
The Committee also had before it a letter dated July 24, 1997 from Richard Floody, President of the Restaurant & Foodservices Association of B.C., Greater Vancouver Branch, requesting a decision on expanded sidewalk pubs be postponed until such time as the Association had an opportunity to participate in discussions. As individuals were present who wished to speak on the Administrative Report, as well as other interested parties, it was the decision of the Committee to proceed.
On February 18, 1993 and July 19, 1995, Council dedicated the 1000 and 1100 blocks of Mainland Street and Hamilton Street loading docks, respectively, as road and approved the "Yaletown Dock Guidelines" which include the requirement that any Yaletown sidewalk cafe meet sidewalk cafe guidelines. On October 26, 1995, Council formalized past practice regarding sidewalk cafes and pubs by affirming the recommendation that sidewalk cafe permits continue to be issued to restaurants and limited service food establishments only.
Bob Ross, Streets Administration Engineer, summarized the Administrative Report and responded to questions. He noted the Health Department has concerns regarding noise and that allowing pubs to have sidewalk cafes will increase their perceived advantage over restaurants in terms of the Smoking By-law. The Planning and Social Planning Departments are concerned that the proposed change would be premature (since the Theatre Row Liquor Licensing Policy has yet to be fully implemented) in the face of the proliferation of licensed seats in the downtown and potential impacts on nearby residents. The Chief License Inspector has similar concerns andanticipates that pub/lounge patios will impact on the strategy for implementing the Theatre Row Liquor Licensing Policy and the two new neighbourhood pub applications being considered in this area. Mr. Ross also stated there may be concerns about equity.
Inspector Gary Greer, Vancouver Police Department, registered concern over the rowdy behaviour and noise associated with increasing the number of open-air drinking establishments, particularly in residential areas. The suggested increase would not only place a strain on police resources, which are fully utilized now, but also exacerbate community concerns, particularly in the case of noise complaints which the police often cannot attend immediately - thereby causing even greater concern. Resolving community complaints of this nature is a long drawn-out process and requires a number of Constables to gather information and work with Permits and Licenses, in order to bring such items before Council. Earlier closing times would ameliorate anticipated late-night problems caused by patrons exiting bars and pubs early in the morning.
Mark James, Yaletown Brewing Company, and Bert Hick, Hospitality Industry Consultant, spoke in support of Recommendation C of the Administrative Report. Mr. James had applied to the Provincial Liquor Control and Licensing Branch and the City in 1993 to operate a Class D Neighbourhood Brew Pub, consisting of a 65-seat pub and a 20-seat pub patio as part of the proposed development of 1108 Hamilton Street. The application was sanctioned by the L.L.C.B., subject to City approval. A referendum conducted in late 1993 indicated 87% of the ballots returned were in favour, and consequently the Vancouver Liquor Licensing Commission endorsed the application without advising that the proposed pub patio (at that time believed by Permits and Licenses to be on private property) was in violation of City policy. Subsequently, it came to light that, because the docks had been dedicated by Council as road and the Yaletown Dock Guidelines include a requirement that any sidewalk operation meet Sidewalk Cafe Guidelines, the proposed pub patio would be on City property and a permit could not be issued. This was termed unfair and discriminatory.
Messrs. James and Hick urged the Committee to issue a sidewalk pub patio permit on a one-year trial basis to the Yaletown Brewing Company and suggested, were Recommendations C and D also to be considered, that each application be weighed on its own merits. Mr. James has proven that he is a responsible operator and undertakes to abide by the conditions imposed for the trial period. Only 20 seats are involved and the operation would generate revenue for the City as well as bring additional life into the area.
Yeong Kang, Dominion Hotel, supported Recommendations C and D of the Administrative Report on the grounds that sidewalk pub patios would provide a needed amenity in the popular Gastown area to the 8 million or more tourists who visit the City annually. The Dominion Hotel, located at the corner of Abbott and Water Streets, while still housing permanent tenants in the winter, converted toa summer tourist hotel last year and seeks to further expand in that direction.
The Committee noted that Yaletown is a unique area with its docks and heritage atmosphere and the proposed pub patio involves only 20 seats in a neighbourhood with a lot of outdoor seating. Some Committee members registered concern about setting a precedent, resulting pressures to expand the Sidewalk Cafe Program, and creating a non-level playing field in respect of restaurants and the Smoking By-law. However, in light of the fact the one year trial period could be terminated with 30 days written notice in the event of violations or complaints and the overwhelming support for the Yaletown Brewing Company proposal in the 1993 referendum, it was the consensus that a sidewalk pub patio permit be granted on an exceptional basis.
The following motion by Councillor Chiavario was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT sidewalk cafe permits continue to be issued to restaurants and limited service food establishments only.
- CARRIED UNANIMOUSLY
The following motion by Councillor Puil was put and carried. The Committee,therefore,
RECOMMENDED
B.THAT, for a one-year trial period, a sidewalk pub patio permit be issued to the Yaletown Brewing Company on an exceptional basis, with closing time to be
11 p.m.
- CARRIED UNANIMOUSLY
The following motion by Councillor Kennedy was put and carried. The Committee, therefore,
RECOMMENDED
C.THAT, in response to complaints or violations, the one year trial period may be terminated with 30 days written notice.
D.THAT Council rescind Recommendation B of the "Sidewalk Cafes - Processing of Applications" report passed on February 23, 1988, which designated the City Engineer as signing authority for the Sidewalk Cafe License Agreement, and instead designate the City Engineer and the Assistant City Engineer in Streets as the signing authority, with either having the authority to actindividually.
E.THAT late payment charges of $25.00 per month (to a maximum of $50.00) be added to the Sidewalk Cafe (Small) Program to encourage prompt payment of outstanding fees.
F.THAT the minimum fee in the Sidewalk Cafe (Large) Program be $100 per term.
- CARRIED UNANIMOUSLY
The following motion by Councillor Herbert was put and lost.
G.THAT the same policing arrangements apply to the Sidewalk Pub Patio of the Yaletown Brewing Company as to the Entertainment District, following the report back by staff on timing, costs, sources of revenue and mechanisms for collection required for the policing needed to deal with the impacts of licensed establishments on Theatre Row, requested by Council on June 19, 1997.
- LOST
(Councillors Bellamy, Clarke, Daniel Lee and Puil and the Mayor opposed)
RECOMMENDATION
4. Proposed Signage for the Dance Centre File: 2851
(1410 Granville Street)
The Committee had before it a Policy Report dated July 15, 1997 in which the Director of Central Area Planning, on behalf of Land Use and Development, and the Director of Cultural Affairs sought advice on whether Council is prepared to consider an application to amend the Sign By-law to allow signage on the Dance Centre, which significantly departs from the current objectives and regulations of the Sign By-law. Staff have recommended against such Sign By-law amendments. The report also discussed concerns about parameters for naming such a facility, prior to Council establishing policies with respect to corporate sponsorship.
The General Manager of Community Services supported the Policy Report, as reflected in Recommendations A and B adopted by the Committee, and was opposed to amending the Sign By-law because it would be contrary to Council policy and set a precedent for future exceptions. The City Manager will report back in the fall concerning a policy for corporate sponsorship, including the naming of civic facilities. A decision on naming should await that policy.
Pat Johnston, Planner, reviewed the Policy Report and responded to questions. She noted that the proposed sign iscontrary to Council policy as reflected in the Sign By-law, which does not allow (1) roof signs; (2) rotating signs, except on a portion of Kingsway; (3) automatic changeable copy signs in the Bridge and Freeway Areas, in which the Dance Centre site is located; and (4) automatic changeable copy signs displaying third party advertising. Council has not yet considered policy on corporate sponsorship acknowledgement or signage associated with civic or publicly-funded facilities.
Noel Best, Architectura, and Bill Ireland, Chairman of the Dance Foundation, spoke in support of amending the Sign By-law to permit a rotating abstract figure, or corporate logo, and an automatic changeable copy sign with third-party advertising by the Scotiabank on the skylight of the Centre. Scotiabank funding is critical to the project's survival and signage for the Centre must satisfy requirements of its primary sponsor. The proposed signage would be vibrant and very much in keeping with the future plans for Granville Street. The skylight feature would not only bring light down into the building, but also act as a marker, create visual interest and give the building profile in the community. With the aid of models, Mr. Best provided a brief profile of the development from an architectural viewpoint and responded to questions.
Mr. Ireland protested the role of the Scotiabank had been distorted by staff in the Policy Report and underscored the fact that the Bank can easily obtain advertising elsewhere, rather than spending its money on the Dance Centre building. The Sign By-law looks backward and should be updated to accommodate the future re-design and revitalization of Granville Street. He contended it should not be the role of the City to dictate or control naming of the building, and registered concern that the Bank would withdraw from the project and infrastructure funding would be lost.
Some Committee members expressed disappointment over the apparent commercialization of the Dance Centre, which they anticipated would be essentially an artistic statement. Concern was registered that the proposed Scotiabank signage and naming of the building would raise the level of commercialization of cultural projects. Other corporate sponsors may regard such representation as a matter of pride and make similar requests, thereby impacting the high regard with which the community views the cultural realm and encouraging the commercialization that has pervaded the sports world. There was no objection to the private sector being involved or represented in the Dance Centre; however, to violate a City by-law for that purpose would be inappropriate. It was noted that, as the three levels of government had contributed approximately $4.5 million, the major contributor to the Centre is the taxpayer. As policy has yet to be formulated in respect of corporate sponsorship and the naming of civic facilities, it was agreed support of the proposed name for the Centre would be a judgment call on the part of the Committee.
The following motions by Councillor Price were put and carried. The Committee, therefore,
RECOMMENDED
A.THAT Council indicate that it is not prepared to consider an application to amend the Sign By-law to allow a rotating abstract figure (or corporate logo) and an automatic changeable copy sign with third-party advertising on the skylight of the proposed Dance Centre at 1410 Granville Street, above the level of the Granville Bridge and the Seymour Street off-ramp, BUT THAT Council does support modest identification of the facility by way of a sign containing the name of the building on the skylight approved in principle as part of the form of the development shown at Public Hearing;
- CARRIED UNANIMOUSLY
B.THAT Council indicate that its willingness to support or not support the building being named "The Scotiabank Centre for Dance" will be determined after Council has considered policies on corporate sponsorship.
- CARRIED
(Councillor Chiavario opposed)
It was proposed that Mr. Ireland meet with the City Manager and Director of Central Area Planning prior to communicating the aforementioned recommendations to Scotiabank representatives.
RECOMMENDATION
5. Award of Tender No. 39-97-04 File: 1801
The Supply of 75' Aerial Ladder and Pumper Fire Truck
The Committee had for consideration an Administrative Report dated June 30, 1997, in which the General Manager of Fire and Rescue Services and Manager of Purchasing Services, recommended acceptance of low-bid meeting specifications from Smeal Fire Apparatus Co. for 14 Smeal Fire Apparatus/Anderson Engineering SFAA 75R3Q on Spartan Gladiator MFD Chassis 75' Aerial Ladder and Pumper Fire Trucks, subject to a contract satisfactory to the Director of Legal Services.
Sid Fancy, Manager of Purchasing Services, summarized the Administrative Report and, with technical assistance from Assistant Chief Leon Brown, Fire and Rescue Services, responded to questions.
John Koenig, Koenig & Company Law Corporation, on behalf of Fort Garry Industries Ltd., (briefs on file) challenged the statement on page two of the Administrative Report which states that bids other than that from Smeal Fire Apparatus Co., with the Spartan Gladiator MFD Chassis, are not recommended as they did notmeet specifications. He referred to his written submission in reviewing eight specific specifications and contended that important principles governing the tendering process and savings in the order of $300,000 to the City, by accepting there may be more than one way to design and build complicated equipment, had not been taken into consideration. He suggested the specifications had been written in such a way that only Smeal Fire Apparatus could qualify. Fort Garry Industries was the low bidder and there is no need to spend additional monies to purchase equipment, which will do the same job as more expensive equipment. He requested that the Committee’s decision reflect that reality.
Justin Price, Emergency Response Systems, has been involved with building custom fire trucks for approximately 18 years. He was convinced on reading the specifications that the criteria could be serviced by only one manufacturer (Smeal Fire Apparatus). As a fabricator, he had looked forward to being involved; however, he was discouraged to discover the tender specifications had been written to cover a particular body or chassis.
Mr. Fancy noted that in addition to specifications there were other issues of compliance, including the request for bid bonds, which were important. It was requested that bid bonds be good for 120 days from the date the tenders were opened; however, Fort Garry Industries' bond was good for only 60 days. Assistant Chief Brown advised that specifications were based on a number of manufacturers' equipment, including new models exhibited at manufacturers' shows. The Fire Department looks for innovations and features that will make its job more efficient.
Haig Oghigian, Harper Grey Easton, representing the Smeal Fire Apparatus Co, expressed puzzlement over the aforementioned comments. Had the specifications been incorrectly drawn, there was ample opportunity during the tendering process to communicate and seek an addendum or clarification. He underscored the fact it is the mandate of the Fire Department and associated staff to ensure that fires in the City are dealt with safely and effectively and to seek the equipment most appropriate for that purpose.

The following motion by Councillor Puil was put and carried. The Committee, therefore,
RECOMMENDED
THAT Council accept the low bid meeting specifications from Smeal Fire Apparatus Co. for fourteen Smeal Fire Apparatus/Anderson Engineering SFAA 75R3Q on Spartan Gladiator MFD Chassis 75' Aerial Ladder and Pumper Fire Trucks at a total purchase price of $9,758,476 plus the Provincial Sales Tax, the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Environmental Levy, subject to a contract satisfactory to the Director of Legal Services.
- CARRIED UNANIMOUSLY
The meeting was adjourned at 4:55 p.m.
* * * * *

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