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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
JUNE 16, 1998 A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, June 16, 1998 at 3:00 p.m., in the Council Chambers, Third Floor, City Hall, following an In-Camera meeting in the Mayor’s Office to discuss property matters.
Ken Dobell, City Manager
Ulli S. Watkiss
PRAYER
The proceeding in the Council Chamber were opened with a prayer read by the City Clerk.
EMERGENCY PREPAREDNESS VOLUNTEER AWARDS
The Mayor presented Emergency Preparedness Achievement Awards to recognize contributions made by volunteers to emergency program initiatives.
ADOPTION OF MINUTES
1. Minutes of Regular Council Meeting
(City Services and Budgets)
May 14, 1998
MOVED by Cllr. Puil,
SECONDED by Cllr. Clarke,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
2. Minutes of Regular Council Meeting
(City Services and Budgets)
May 25, 1998
MOVED by Cllr. Puil,
SECONDED by Cllr. Daniel Lee,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
3. Minutes of Special Council Meeting
(Pofi Bar)
April 21/May 26, 1998
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
4. Special Council Meeting
(South Kerrisdale Neighbourhood
Traffic Calming Plan)
May 27, 1998
MOVED by Cllr. Clarke,
SECONDED by Cllr. Sullivan,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
5. Regular Council Meeting
(City Services and Budgets)
June 2, 1998
MOVED by Cllr. Puil,
SECONDED by Cllr. Herbert,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
(Councillor Price was not present for the vote)
6. Regular Council Meeting
June 2, 1998
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
(Councillor Price was not present for the vote)
7. Regular Council Meeting
(City Services and Budgets)
May 28, 1998
MOVED by Cllr. Puil,
SECONDED by Cllr. Price,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
8. Special Council Meeting
(Public Hearing)
May 28, 1998
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Clarke,
THAT the foregoing minutes be adopted.
- CARRIED UNANIMOUSLY
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 UNFINISHED BUSINESS
1. Vancouver Maritime Museum File: 4002
Prior to consideration of this item, Councillor Puil excused himself from the Council Chambers at 3:35 p.m., explaining that although he had received legal advice that he was not in a position of conflict of interest when considering a grant request in his area of residence, he was aware there was a perception on the part of the public that he was in conflict. Therefore, he did not participate in the discussion or the voting of this matter.
At the special Standing Committee on City Services and Budgets meeting on June 2, 1998, Council heard speakers addressing the Administrative Report, dated May 21, 1998, in which the Director, Office of Cultural Affairs, and the Comptroller of Budgets & Research sought approval of the Vancouver Maritime Museum’s 1998 Operating Grant, and other related recommendations. Due to time constraints, a decision on the report’s recommendations was referred to this meeting.
Also before Council, was a memorandum dated June 16,1998 from the General Manager, Community Services Group which provided a context for recommendation B in the Administrative Report.
MOVED by Cllr. Clarke,
A.THAT an operating grant of $265,400 be approved to the Vancouver Maritime Museum; source of funds to be the 1998 "Other" Grants budget.
B.THAT a supplementary grant of $25,000 be approved to the Vancouver Maritime Museum to compensate for lost revenues in 1997 resulting from the cancellation of tour bus services; source of funds to be the 1998 Contingency Reserve.
C.THAT Council receive the Vancouver Maritime Museum's "St. Roch" fund raising strategy as outlined in this report and direct staff to monitor and report back within the year on their progress.
D.THAT Council approve a 1998 supplementary grant of $82,000 to the Vancouver Maritime Museum as transitional funding for the year ending Dec. 31, 1998 for the operations of the "St. Roch"; source of funds to be the 1998 Contingency Reserve.
E.THAT Council approve a review of options for the future operations of the Vancouver Maritime Museum including the St. Roch, based on the draft terms of reference attached to this report as Appendix "A", at a cost not to exceed $30,000; source of funds to be Contingency Reserve;
- CARRIED UNANIMOUSLY
Recommendations A, B and D were CARRIED UNANIMOUSLY
AND BY THE REQUIRED MAJORITY.
(Councillor Puil absent for the vote)
COMMUNICATIONS AND/OR PETITIONS
1. Greater Vancouver Transit Authority Members File: 3201
In a memorandum dated June 8, 1998, Mayor Owen advised that the Greater Vancouver Transit Authority (GVTA) Representation Task Force has considered the matter of sub-regional representation on the GVTA Board. As a result, the City of Vancouver, including Electoral Area A, has been designated to the Vancouver sub-region and allocated three member representatives to serve on the GVTA Board. Accordingly, the following Council members were nominated by the Mayor for Council’s consideration:
Councillor Don Bellamy
Councillor Gordon Price
Councillor George Puil.
MOVED by Cllr. Clarke,
THAT Councillors Bellamy, Price and Puil be appointed to serve on the Greater Vancouver Transit Authority Board.
- CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)
ADMINISTRATIVE REPORTS
1. QuickFind Award File: 1151
May 22, 1998
Consideration of the Administrative Report dated May 22, 1998 was postponed to the Council meeting of June 23, 1998, at which time recipients of the award will be present.
2. Extension of Building Permit No. BU405628
989 Nelson Street (970 Burrard Street)
May 20, 1998 File: 2607
MOVED by Cllr. Kennedy,
THAT City Council approve an extension of Building Permit No. BU405628 until September 3, 1998.
- CARRIED UNANIMOUSLY
(Councillor Puil was not present for the vote)
3. Form of Development: 2700 Southeast Marine Drive
DE402862 - CD-1 By-law Number 6533
Owner of Development: Great West
Development Marine Corp.
May 26, 1998 File: 2607
MOVED by Cllr. Herbert,
THAT the form of development for this portion of the CD-1 zoned site known as Riverside East (2700 Southeast Marine Drive being the subject site) be approved generally as illustrated in the Development Application Number DE402862, prepared by Rositch Hemphill and Associates and stamped "Received, City Planning Department November 25, 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
(Councillor Puil was not present for the vote)
4.3981 Main Street - Lease to the Little Mountain
Neighbourhood House Society and Sub-lease of
a portion to the Vancouver Public Library Board
May 20, 1998 File: 5105
MOVED by Cllr. Don Lee,
A.THAT Council approve a lease of 3981 Main Street to The Little Mountain Neighbourhood House Society on the following terms and conditions:
(a)Rent:$1.00 per year of the term, prepaid;
(b)Term: 6 years commencing October 1st, 1997;
(c)Use: Neighbourhood House; and
(d)Such other terms and conditions as are acceptable to the Manager of Real Estate Services, the Director of Community Services and the Director of Legal Services, it being noted that no legal rights or obligations shall arise until execution of the lease.
B.THAT Council consent to the sublease by The Little Mountain Neighbourhood House Society of a 1430 square foot portion on the main floor of 3981 Main Street to the Vancouver Public Library Board on the following terms and conditions:
(a)Rent: $20,016 per year of the term;
(b)Term: 6 years commencing October 1st, 1997;
(c)Use: Library; and
(d)Option: 4 years provided that The Little Mountain Neighbourhood House Society extends its lease of 3981 Main Street for a further 4 year period.
(e)Such other terms and conditions as are acceptable to the Finance Director of the Vancouver Public Library Board, the Manager of Real Estate Services, the Director of Community Services and the Director of Legal Services, it being noted that no legal rights or obligations shall arise until execution of the sublease.
- CARRIED UNANIMOUSLY
(Councillor Puil was not present for the vote)
5. Strata Title Conversion - 3398 West 7th Avenue
May 25, 1998 File: 5311
MOVED by Cllr. Kennedy,
THAT the application to convert the previously-occupied building at 3398 West 7th Avenue (West ½ of Lot 1, Block 46, D.L. 540, Plan 229) to strata title ownership be approved.
- CARRIED UNANIMOUSLY
(Councillor Puil was not present for the vote)
(Councillor Puil returned to the Chambers at 3:50 p.m.)
6. Distribution of Flow-Through Funding for the
Vancouver Childcare Regional Delivery Model
Pilot Project - Year Four
May 26, 1998 2401
MOVED by Cllr. Clarke,
THAT Council authorize the Director of Finance to disburse the Year Four flow-through funds received from the Ministry for Children and Families for the Vancouver Childcare Regional Delivery Model Pilot Project, as per Schedule B of the legal agreement between the City and the Province of British Columbia (see Appendix I of the Administrative Report dated May 26, 1998).
- CARRIED UNANIMOUSLY
7. One Time Grant to Fund a Consultant
for the B.C. Non-Profit Housing Association
June 2, 1998 File: 2201
MOVED by Cllr. Kennedy,
THAT Council approve a one time grant of $3,000 to the BC Non-Profit Housing Association to hire a consultant to determine the feasibility of a central waitlist for all Rent Geared to Income housing in the Lower Mainland, to be dispersed with the approval of the Manager of the Housing Centre. Source of funds is the Affordable Housing Fund.
- CARRIED UNANIMOUSLY
AND BY THE
REQUIRED MAJORITY
8. Traffic Signal Management System (TSMS) Upgrade
May 20, 1998 File: 5761
MOVED by Cllr. Don Lee,
A.THAT the Traffic Signal Management System be upgraded to a Central Distributed Multi-Protocol System, as outlined in this report, and the General Manager of Engineering Services be authorized to license system software from the Region of York at a fee of $25,000.
B.THAT Delcan Corporation be retained as System Manager for engineering design, specification and system integration of the system upgrade, and that the City Engineer be authorized to enter a contract with Delcan for this work.
C.THAT the signal system upgrade, which will include a new central computer, new software, the upgrade of many signal controllers, the upgrade of some communication devices, and consultant services from Delcan Corporation, as described in this report, be approved with the funding to be provided from the following sources:
(1)$2,000,000 from existing funding in account 25/34/4591/999 -TSMS Upgrade; and
(2)$1,000,000 increase in the 1998 Streets - Traffic Control Signals Capital Budget. The source of funding to be debenture borrowing approved as part of the 1997-1999 Capital Plan.
- CARRIED UNANIMOUSLY
9. PIBC 1998 Awards for Excellence in Planning
June 2, 1998 File: 2603-2
Consideration of the Administrative Report dated June 2, 1998 was postponed to the Council meeting of June 23, 1998, at which time recipients of the award will be present.
10. Form of Development: 555 Carrall Street
DE402704 - CD-1 By-law Number 7852
Owner of Development: S.U.C.C.E.S.S.
Multi-Level Care Society
June 2, 1998 File: 2604-1
MOVED by Cllr. Kennedy,
THAT the form of development for this portion (Phase 2a) of the CD-1 zoned site known as 555 Carrall Street be approved generally as illustrated in the Development Application Number DE402704, prepared by Davidson Yuen Simpson Architects and stamped "Received, City Planning Department September 25, 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
11. Relationship Between the City and
the Vancouver Port Corporation
June 8, 1998 File: 8109
MOVED by Cllr. Sullivan,
THAT the Mayor and City Manager be authorized to sign the "Charter for the Relationship Between the City of Vancouver and Vancouver Port Corporation" generally in the form attached to the Administrative Report dated June 8, 1998.
- CARRIED UNANIMOUSLY
12. 780 Main Street - Proposed Closure of a Portion
of the Lane, East of Main Street,
North from Union Street
June 2, 1998 File: 5753
MOVED by Cllr. Bellamy,
THAT Council close, stop-up and convey, to the abutting owner, that portion of the lane east of Main Street, north from Union Street, shown hatched on the plan attached as Appendix "A" to the Administrative Report dated June 2, 1998, subject to the following conditions:
1)The portion of lane to be closed to be consolidated with the abutting Lot 9,except the east 10 feet, now lane, Block 20, District Lot 196, Plan 184, to the satisfaction of the Director of Legal Services.
2)The abutting owner to pay $28,750, plus G.S.T., if applicable, as the value for the 250 square foot portion of lane to be closed in accordance with the recommendation of the Manager of Real Estate Services.
3)The abutting owner to be responsible for any necessary plans and documents.
4)Any agreements are to be to the satisfaction of the Director of Legal Services.
5)No legal right or obligation shall be created and none shall arise hereafter until the documents are executed.
- CARRIED UNANIMOUSLY
13. Civic Theatres - Award of Contracts for
Orpheum/QET Construction Package - Summer ‘98
June 3, 1998 File: 4251
MOVED by Cllr. Puil,
THAT Pentium Management Corporation Inc. be awarded the general construction contract for the renovation of the Orpheum/QET Construction Package - Summer ‘98 in the amount of $699,543 plus GST; source of funding to be Theatres Capital Account.
- CARRIED UNANIMOUSLY
14. Building Board of Appeal Membership
May 25, 1998 File: 3002
MOVED by Cllr. Clarke,
THAT Messrs. Paul LaBranche, Dan Funaro and J.D. Lovick be appointed to the Building Board of Appeal for a period of three (3) years, expiring June 30, 2001.
- CARRIED UNANIMOUSLY
15. Contract Extension - Contract No. 57-97-07
Supply and Delivery of Reinforced Concrete Pipe,
Manhole Sections and Tops
May 26, 1998 File: 1805
MOVED by Cllr. Herbert,
THAT Council approve the extension of the contract to Ocean Construction Supplies Limited for the supply and delivery of reinforced concrete pipe, manhole sections and tops, as, if and when required, for an additional 12-month period, at an annual estimated cost of $782,870 plus the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Sales Tax, where applicable.
- CARRIED UNANIMOUSLY
16. Boundary Road Maintenance Agreement
May 19, 1998 File: 1203
MOVED by Cllr. Sullivan,
A.THAT Council authorize the Director of Legal Services to bring forward a by-law authorizing a replacement maintenance agreement for Boundary Road, between Vancouver and Burnaby, to be effective on receipt of approval from the Minister of Municipal Affairs.
B.THAT a replacement Boundary Road maintenance agreement be negotiated to the satisfaction of the City Engineer, such agreement to include an indemnity by the City of Vancouver in favour of the City of Burnaby, and that the City Engineer be authorized to execute the maintenance agreement substantially in the form attached to the Administrative Report dated May 19, 1998.
- CARRIED UNANIMOUSLY
17. Form of Development: 2263 Redbud Lane
DE402993 - CD-1 By-law Number 7460
Owner of Development: Greystone Properties Ltd.
June 5, 1998 File: 2608
MOVED by Cllr. Daniel Lee,
THAT the form of development for the CD-1 zoned site known as 2790 Vine Street (2263 Redbud Lane being the application address) be approved generally as illustrated in the Development Application Number DE402993, prepared by Downs/Archambault & Partnersand stamped "Received, City Planning Department May 22, 1998", 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
18. Lord Roberts School Playground
June 11, 1998 File: 3102
Council had before it for consideration an Administrative Report dated June 11, 1998 in which the General Manager of Parks and Recreation put forward the following recommendations:
A.THAT Council designate the funds received by the City from Caesar Park Hotels and Resorts Company Ltd., under the Bayshore Parkade Construction Modification Agreement for parks use by the Park Board.
B.THAT the Board request Council to transfer to Park Board accounts the prepaid lease payment by Caesar Park Hotels and Resorts Company Ltd., for the parking garage site beneath Marina Square parksite.
C.THAT the Board request Council to authorize the expenditure of up to $250,000 of the lease payment on the Lord Roberts School site.
D.THAT the Board, as a condition of this investment, require a license for public access to the site from the School Board as outlined in the Administrative Report dated June 11, 1998.
The City Manager provided the following recommendations, in lieu of A-D, as presented:
E.THAT Council authorize an interim allocation of $250,000 from the parking lease payment for the development of the Lord Roberts School site as described in the Administrative Report dated June 11, 1998.
F.THAT the Director of Legal Services be authorized to enter into a licence agreement between the City and School Board, satisfactory to her and the General Manager of Parks and Recreation.
G.THAT consideration of the allocation of parking lease payments be deferredto future discussions between City Council and the Park Board no later than September 30, 1998, without prejudice to the Park Board's position that they are entitled to the lease payments.
A brief discussion ensued, in which the new General Manager of Parks and Recreation, Susan Mundick, was introduced.
MOVED by Cllr. Price,
A.THAT Council authorize an interim allocation of $250,000 from the parking lease payment for the development of the Lord Roberts School site as described in the Administrative Report dated June 11, 1998.
B.THAT the Director of Legal Services be authorized to enter into a licence agreement between the City and School Board, satisfactory to her and the General Manager of Parks and Recreation.
C.THAT consideration of the allocation of parking lease payments be deferred to future discussions between City Council and the Park Board no later than September 30, 1998, without prejudice to the Park Board's position that they are entitled to the lease payments.
- CARRIED
(Councillor Sullivan opposed)
POLICY REPORTS
1. Proposed CD-1 Rezoning of 1025 East Pender Street
June 1, 1998 File: 5307
MOVED by Cllr. Sullivan,
THAT the application by Ian Pratt and Alan Woo to rezone 1025 East Pender Street (Lots 10, 11, 12 and 13, Block 64, DL. 181, Plan 196) from M-1 Industrial District to RT-3 Two-family Dwelling District be referred to Public Hearing, except that the proposed zoning be revised to CD-1 Comprehensive Development District, to achieve public objectives outlined in this report, together with:
(i)plans received April 15, 1998;
(ii)draft CD-1 by-law provisions, generally as outlined in Appendix A of the PolicyReport dated June 1, 1998;
(iii)conditions of approval as contained in Appendix B of the Policy Report dated June 1, 1998; and
(iv)the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve the application.
AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.
- CARRIED UNANIMOUSLY
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. Don Lee,
SECONDED by Cllr. Bellamy,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
BY-LAWS
1.A By-law to amend By-law No. 3575,
being the Zoning and Development By-law
(976 West 54th Avenue: Rezoning RS-1 to CD-1)
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Herbert,
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. Herbert,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
COUNCILLORS KENNEDY AND PRICE EXCUSED FROM VOTING
ON BY-LAW 1
2.A By-law to levy rates on qualifying real property
located in the Robson Street Business Improvement Area
(1998 Rate Levying By-law)
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Herbert,
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. Sullivan,
SECONDED by Cllr. Herbert,
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 rates on qualifying real property
located in the Gastown Business Improvement Area
(1998 Rate Levying By-law)
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Herbert,
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. Sullivan,
SECONDED by Cllr. Herbert,
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 Mount Pleasant Business Improvement Area
(1998 Rate Levying By-law)
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Herbert,
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. Sullivan,
SECONDED by Cllr. Herbert,
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
(1998 Rate Levying By-law)
MOVED by Cllr. Price,
SECONDED by Cllr. Kennedy,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Price,
SECONDED by Cllr. Kennedy,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
6.A By-law to amend the Impounding By-law,
being By-law No. 3519
(Towing Service Contract - New Charges)
MOVED by Cllr. Price,
SECONDED by Cllr. Kennedy,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Price,
SECONDED by Cllr. Kennedy,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
7.A By-law to amend By-law No. 2849,
being the Street and Traffic By-law
(Amendments to Regulate Busking)
MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
8.A By-law to amend By-law No. 4792,
being the Granville Mall By-law
(Amendment re Street Entertainment)
MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
9.A By-law to amend By-law No. 6066,
being the Vehicles for Hire By-law
(Shared Ride Van Service)
This By-law was approved at the Transportation and Traffic Committee meeting earlier this day.
MOTIONS
A. Pavement, Curbs and Trees: Prince Albert Street from
7th Avenue to 8th Avenue File: 5802
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a pavement and curbs project on Albert 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 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 ascompleted 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 amendedportions 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 2012;
AND WHEREAS Lot B, Block 108, District Lot 264A, Plan 2752 (hereinafter called "lot B") abuts the project and contains a multiple conversion dwelling with two dwelling units one of which is owner-occupied;
AND WHEREAS Lot D, Block 108, District Lot 264A, Plan 2752 (hereinafter called "lot D") abuts the project and contains an owner-occupied single-family dwelling;
AND WHEREAS the owners of lot B and lot D, hereinafter collectively called the "lots", have applied for special relief by way of a reduction in taxes;
AND WHEREAS the lots are zoned RM-4 (Multiple Dwelling 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 each lot for a period of fifteen (15) years if assessed as RM-4 (Multiple Residential) District would be $347.53;
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 1998 and each subsequent year up to and including 2012 of $289.62 for lot B and $260.65 for lot D 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 assessment. 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:
2nd Avenue from Clark Drive to McLean Drive File: 5802
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a pavement, curbs and trees project on 2nd Avenue from Clark Drive to McLean Drive (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 ascompleted 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 2012;
AND WHEREAS Lot 11, Block 70, District Lot 264A, Plan 442 & 1771 (hereinafter called "the lot ") abuts the project and contains a multiple conversion dwelling with two dwelling units one of which is owner-occupied;
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-4 (Multiple Dwelling 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 Residential) District would be $350.65;
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 1998 and each subsequent year up to and including 2012 of $292.27 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 assessment. 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:
2nd Avenue from Woodland Drive to Cotton Drive File: 5802
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a pavement, curbs and trees project on 2nd Avenue from Woodland Drive to Cotton Drive (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 byCouncil 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 June 17, 1975, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, as follows:
"A.Council adopt a standing policy of giving special relief in 1975 and subsequent tax years on local improvement charges to homes on flanking higher zoned lots:
1.so that they pay a rate according to their zoning but with a residential level of flankage relief;
2.that the relief be limited to owner-occupied single family dwellings, the ownership of which precedes the assessment of the local improvement charges;
3.that the relief apply to local improvement for pavements and curbs and for sidewalks;
4.that these properties need not be identified as requiring this special relief at the Court of Revision.
B.That the Collector of Taxes be instructed to bring forward, each year, a formal resolution for those properties eligible for relief.";
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 2012;
AND WHEREAS Lot B of 13 & 14, Block 65, District Lot 264A, Plan 6013 (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-4 (Multiple Dwelling 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 each lot for a period of fifteen (15) years if assessed as RM-4 (Multiple Residential) District would be $537.90;
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 1998 and each subsequent year up to and including 2012 of $134.53 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 lots the amount of the reduced special assessment. 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 - 2nd Avenue
from Woodland Drive to Cotton Drive File: 5802
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a pavement, curbs and trees project on 2nd Avenue from Woodland Drive to Cotton Drive (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:
"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 2012;
AND WHEREAS Lot 3, Lot 9 and Lot 13 except W 5 ft. and Lot 14 W 10 ft.
all of Block 72, District Lot 264A, Plan 1489 & 1771 (hereinafter collectively called "the lots") abut the project and each contains an owner-occupied single family dwelling;
AND WHEREAS the owners of the lots have applied for special relief by way of areduction in taxes;
AND WHEREAS the lots are zoned RM-4 (Multiple Dwelling 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 Residential) District would be $268.90 each for Lots 3 and 9 and $325.94 for Lot 13 except 5 ft. and Lot 14 W ½;
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 1998 and each subsequent year up to and including 2012 of $201.68 each for Lots 3 and 9 and $244.45 for Lot 13 except W 5 ft. and Lot 14 W10 ft. 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 assessment. 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. Pavement, Curbs and Trees - North Garden Drive
from Trinity Street to Dundas Street File: 5802
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Price,
WHEREAS a beautification (pavement, curbs and trees) project on North Garden Drive from Trinity Street to Dundas 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 uponthe 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 June 17, 1975, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, as follows:
"A.Council adopt a standing policy of giving special relief in 1975 and subsequent tax years on local improvement charges to homes on flanking higher zoned lots:
1.so that they pay a rate according to their zoning but with a residential level of flankage relief;
2.that the relief be limited to owner-occupied single family dwellings, the ownership of which precedes the assessment of the local improvement charges;
3.that the relief apply to local improvement for pavements and curbs and for sidewalks;
4.that these properties need not be identified as requiring this special relief at the Court of Revision.
B.That the Collector of Taxes be instructed to bring forward, each year, a formal resolution for those properties eligible for relief.";
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 2012;
AND WHEREAS Lot 8, Block 14, District Lot 184, Plan 178 (hereinafter called "lot 8") and Lot 1, Block 12, District Lot 184, Plan 178 (hereinafter called "lot 1") abut the project, as flankage, and each contains an owner-occupied single-family dwelling;
AND WHEREAS the owners of lot 8 and lot 1, hereinafter collectively called the "lots", have applied for special relief by way of a reduction in taxes;
AND WHEREAS the lots are zoned RM-3A (Multiple Dwelling 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 each lot for a period of fifteen (15) years if assessed as RM-3A (Multiple Residential) District would be $1,419.57;
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 each 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 1998 and each subsequent year up to and including 2012 of $354.89 apiece 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 assessment. 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. Pavement, Curbs and Trees - Georgia Street
from Woodland Drive to Commercial Drive File: 5802
MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,
WHEREAS a pavement and curbs project on Georgia Street from Woodland Drive to Commercial Drive (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on March 27, 1997 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 2012;
AND WHEREAS Lot 9 of 11, Block C, District Lot 183, Plan 631 (hereinafter called "lot 9") abuts the project and contains a multiple conversion dwelling with two dwelling units one of which is owner-occupied;
AND WHEREAS Lot 11 of 12, Block C, District Lot 183, Plan 631 and Lot 26 of 12, Block D, District Lot 183, Plan 729 (hereinafter called "lot 11" and "lot 26" respectively) abut the project and each contains an owner-occupied single-family dwelling;
AND WHEREAS the owners of lots 9, 11 and 26, hereinafter collectively called the "lots", have applied for special relief by way of a reduction in taxes;
AND WHEREAS the lots are zoned RM-4 (Multiple Dwelling District) or RM-4N (Multiple Dwelling 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 Residential) District or RM-4N (Multiple Dwelling District) would be $423.96 for lot 9, $419.25 for lot 11 and $587.59 for lot 26;
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 1998 and each subsequent year up to and including 2012 of $353.36 for lot 9, $314.44 for lot 11 and $489.76 for lot 26 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 assessment. 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. Lane Paving - Lane South of 6th Avenue
from Prince Albert Street to St. Catherines Street File: 5802
MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,
WHEREAS a lane paving project in respect of a lane south of 16th Avenue
from Prince Albert Street to St. Catherines Street (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on March 27, 1997 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 27, 1976, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, 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 butzoned 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.
B.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 November 9, 1982, Council passed a further resolution supplementing the aforesaid policy as follows:
"That current special relief policies for local improvements remain in effect except that property owners rates not 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 for1989 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 2012;
AND WHEREAS Lot 11, Block 98, District Lot 264A, Plan 449 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-4 (Multiple Dwelling 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 would be $151.78;
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 1998 and each subsequent year up to and including 2012 of $75.89 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 assessment. The difference between the said amounts shall be provided out of the general funds of the City.
- CARRIED UNANIMOUSLY
AND BY THE
REQUIRED MAJORITY
H.Conveyance of Land for Municipal Purposes
(The East 4.25 feet of Lot 6, Block 3,
South East 1/4 of Section 23, Town of Hastings
Suburban Lands, Plan 4819) File: 5807
Note:Local Improvement Item - This motion relates to a sub-standard lane east of Rossland Street from William Street to Charles Street: adjacent to 1260 Rossland Street.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,
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
NO PID AVAILABLE
The East 4.25 feet of
Lot 6
Block 3
South East 1/4 of Section 23
Town of Hastings Suburban Lands
Plan 4819
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
I.Conveyance of Land for Municipal Purposes
(The West 4.25 feet of Lot 10, Block 3,
South East 1/4 of Section 23, Town of Hastings
Suburban Lands, Plan 4819) File: 5807
Note:Local Improvement Item - This motion relates to a sub-standard lane east of Rossland Street from William Street to Charles Street; adjacent to 1283 Renfrew Street.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,
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
NO PID AVAILABLE
The West 4.25 feet of
Lot 10
Block 3
South East 1/4 of Section 23
Town of Hastings Suburban Lands
Plan 4819
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
J.Conveyance of Land for Municipal Purposes
(The South 2 feet of Lot 5 of Lot 82,
Town of Hastings Suburban Lands, Plan 1367) File: 5807
Note:Local Improvement Item - This motion relates to a sub-standard lane south of Turner Street from Renfrew Street to Nootka Street; adjacent to 2928 Turner Street.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,
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
NO PID AVAILABLE
The South 2 feet of
Lot 5 of
Lot 82
Town of Hastings Suburban Lands
Plan 1367
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
K.Conveyance of Land for Municipal Purposes
(The South 3.5 feet of Lot 3, Block 37,
District Lots 36 and 51, Plan 1735) File: 5807
Note:Local Improvement Item - This motion relates to a sub-standard lane south of Wellington Avenue from Rupert Street to McHardy Street; adjacent to 3312 Wellington Street.
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
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
NO PID AVAILABLE
The South 3.5 feet of
Lot 3
Block 37
District Lots 36 and 51
Plan 1735
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
L. Closing portions of the lane north of
Broadway, west from Arbutus Street File: 5104
Note:Authority for this motion was approved by Council on May 26, 1998.
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
THAT WHEREAS:
1.The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
2.There is a proposal to lease a portion of the lane north of Broadway, west fromArbutus Street to Shell Canada Products Limited;
3.The proposal requires the closure of that portion of the lane being the South 10 feet of Lot 10, Block 324, District Lot 526, Plan 590, established as lane by DF 32439;
4.The proposal requires the closure of that portion of lane being the North 10 feet of Lot 11, Block 324, District Lot 526, Plan 590, established as lane by document 523993L; and
5.The said City lane to be closed is not presently required for lane purposes.
THEREFORE BE IT RESOLVED THAT:
1.The South 10 feet of Lot 10, Block 324, District Lot 526, Plan 590, established as lane by DF 32439; and
2.The North 10 feet of Lot 11, Block 324, District Lot 526, Plan 590, established as lane by document 523993L;
be closed, stopped-up and leased to Shell Canada Products Limited, the occupier of the abutting Lot 10, except the South 10 feet now lane and Lot 11, except the North 10 feet now lane, both Block 324, District Lot 526, Plan 590.
- CARRIED UNANIMOUSLY
M. Closing the east of Mai Street, north of
Union Street, adjacent to 780 Main Street File: 5753
Note:Refer to Administrative Report No. 12, contained in these minutes, for Council authority for this motion.
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
THAT WHEREAS:
1.The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;
2.The East 10 feet of Lot 9, Block 20, District Lot 196, Plan 184, have been established for lane purposes under Filing 33756;
3.The said East 10 feet of Lot 9 is no longer required for lane purposes;
4.The owner of Lot 9, except the East 10 feet, now lane, Block 20, District Lot 196, Plan 184, has made application to purchase the said East 10 feet of Lot 9 that is no longer required for lane purposes.
THEREFORE BE IT RESOLVED THAT the said East 10 feet of Lot 9, Block 20, District Lot 196, Plan 184, now lane, be closed, stopped-up and conveyed to the abutting owner; and
BE IT FURTHER RESOLVED THAT the said East 10 feet of Lot 9 be consolidated with the balance of said Lot 9, to the satisfaction of the Director of Legal Services.
- CARRIED UNANIMOUSLY
N. Conveyance of Land for Municipal Purposes
(All that portion of Lot 11, except the East
7 feet, now road, and part in Explanatory Plan
15292, Block 4, District Lot 711, Plan 1383,
Group 1, New Westminster District) File: 5807
Note:This motion relates to the October 7, 1997 Council authority for property acquisition on Knight Street at 41st. Avenue. The specific adjacent address is 5635 Knight Street.
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
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:
All that portion of Lot 21, except the West 2.5 feet and except the East 7 feet, now highways, Block 4, District Lot 711, Plan 1383, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 22nd day of April, 1998, attested to by A. Di Nozzi, B.C.L.S., and marginally numbered LD 3486
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 describe 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. Grants in Lieu of Taxes File: 2205
Councillor Puil requested that staff seek confirmation of whether or not the Minister of Public Works will be travelling to Vancouver to hear delegations on the matter of Grants in Lieu of Taxes. If such a hearing is to take place, he believed that Vancouver should send a representative to speak. The City Manager agreed to follow-up this request.
2. Street Entertainment Information Package File: 3504
Councillor Herbert referred to information circulated to members of Council containing a list of free street entertainment locations designated in the City. He requested an information memo from staff explaining why the locations do not match the list contained in the Administrative Report on this subject, and what criteria was used to pick the locations. The Mayor so agreed.
3. Voice Mail File: 1186
Councillor Kennedy explained, for the benefit of the public, that the voice mail feature of the telephones at City Hall was not functioning properly for part of last week, therefore, some messages left for the Councillors may not have been saved.
4. Vancouver International Symposium on
Crime Prevention and Drug Treatment File: 3701
Councillor Kennedy provided a brief report on the above conference which was held in Vancouver from June 12 -14, 1998. It proved to be very successful and provided a wealth of information that will be useful in addressing these issues.
The Council adjourned at 4:35 p.m.
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