CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JULY 30, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, July 30, 1998, at 5:25 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 Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy, Civic Business
CITY MANAGER'S OFFICE:	Ken Dobell, City Manager
CLERK TO THE COUNCIL:	Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS

1. Authority to Travel to Stratford, Ontario, to attend File: 1254

the Crime Prevention & Public Safety Committee
meeting of the Federation of Canadian Municipalities -
September 9-10, 1998

MOVED by Cllr. Herbert,

THAT Council authorize Councillor Don Bellamy to travel to Stratford, Ontario, to attend the Crime Prevention & Public Safety Committee Meeting of the Federation of Canadian Municipalities, at an estimated cost of $1,385.

- CARRIED UNANIMOUSLY

2. Bicycle Network Upgrade - Signage and Road Logos File: 5553

MOVED by Cllr. Chiavario,

THAT the Bicycle Network in Vancouver be upgraded with the installation of bicycle road logos, street name blades with bicycle logos, overhead street name signs with bicycle logos, and bicycle loop detector logos at a total cost of $183,000; funds to be approved as an increase to the 1998 Streets Basic Capital Budget, with the source of funding to be debenture borrowing approved as part of the 1997 - 1999 Capital Plan; and

FURTHER THAT additional annual costs of $15,000 related to ongoing maintenance be included in future Operating Budgets, without offset.

- CARRIED

(Councillor Puil opposed)

VARY ORDER OF AGENDA

MOVED by Cllr. Puil,

THAT the order of agenda be varied to consider Enquiries and Other Matters at this point.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. C-2 Zoning Review File: 5302

Councillor Puil advised he had discussed the implications of dedicated resources for the C-2 Zoning Review with staff, and concluded it would be inadvisable to proceed immediately with dedicated resources.

MOVED by Cllr. Puil,
SECONDED by Cllr. Sullivan,

THAT Council rescind the following motion approved on July 28, 1998, dealing with a Policy Report dated July 14, 1998:

B. THAT Council authorize funding of $178,210, as outlined in Appendix B, for the full program; source of funds to be the 1998 General Contingency Reserve $26,060, and the remaining $152,150 to be provided in the 1999 Operating Budget.

- CARRIED UNANIMOUSLY AND

BY THE REQUIRED MAJORITY

MOVED by Cllr. Puil,
SECONDED by Cllr. Sullivan,

THAT the start of work on the C-2 Zoning Review be delayed until approximately mid-1999, when staff will be available from other programs.

- CARRIED UNANIMOUSLY

2. Charter Amendments File: 114

Councillor Puil advised that under the Vancouver Charter, the Vancouver Athletic Commission is restricted to a five cent per seat charge, while the Municipal Act gives Athletic Commissions authority to set fees but does not set a rate. The Councillor requested that staff bring forward a Charter amendment to provide the Vancouver Athletic Commission with the same authority as that conveyed by the Municipal Act.

The City Manager advised that a report on Charter amendments will be presented to Council in the Fall, and requested Council members to provide him with any other suggestions regarding potential amendments.

* * *

(Cllr. Puil left the meeting at this point and did not return)

* * *

ADMINISTRATIVE REPORTS (CONTINUED)

3. Replacement of the City's Fleet File: 1186

Management and Fuel Dispensing Systems

MOVED by Cllr. Herbert,

A. THAT Council approve the City entering into a contract, to the satisfaction of the Director of Legal Services, with CCG Systems for the acquisition and installation of software to replace the City’s current fleet system, at a maximum cost of $400,000, as detailed in this report. Implicit in this purchase is a City commitment to ongoing systems maintenance and training costs with CCG Systems of $40,000 annually from within the operating budget.

B. THAT Council approve funding of $700,000 for the fleet system (which includes $150,000 for staff resources and $150,000 for hardware) as a loan from the Capital Financing Fund, to be repaid over 5 years from a surcharge of approximately $0.75 per hour on the Engineering Garage composite labour rate.

C. THAT Council approve the replacement of the City’s fuel dispensing system at a total cost of $300,000 (including $50,000 contingency) funded by a loan from the Capital Finance fund, to be repaid by approximately a one cent per litre fuel surcharge over a five year period.

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee
on Planning and Environment
July 30, 1998

Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:

Cl.1: Environmental Grants
Cl.2: New Trade and Convention Facilities Review Program: Portside

Development Agreement Application - Issues and Current Status

Cl.3: The Barrett Commission of Inquiry into the Quality

of Condominium Construction in British Columbia

Clause 1

MOVED by Cllr. Bellamy,

THAT the recommendations of the Committee, as contained in Clause 1 of this report, be approved.

- CARRIED UNANIMOUSLY AND BY THE REQUIRED MAJORITY

Clauses 2 and 3

MOVED by Cllr. Bellamy,

THAT the recommendations of the Committee, as contained in Clause 2 and 3 of this report, be approved.

- CARRIED UNANIMOUSLY

II. Vancouver Liquor Licensing Commission

July 23, 1998

MOVED by Cllr. Bellamy,

THAT the recommendations of the Vancouver Liquor Licensing Commission, as set out in Clauses 1 to 4, inclusive, of its July 23, 1998 report, be approved.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS (CONTINUED)

3. Public Process on LRT File: 5559

The Mayor advised officials of the Province's LRT project wish to meet with City Council to discuss setting a public process.

MOVED by Cllr. Chiavario,
SECONDED by Cllr.Price,

THAT Council run its own public process regarding the Province's LRT proposal, and coordinate with the Provincial process, and that an advertisement be placed advising the public of this decision.

- CARRIED UNANIMOUSLY

4. Domestic Animal Committee File: 3148

Councillor Chiavario noted for the record that the Terms of Reference for the Domestic Animal Committee were not created, as they should have been, at the time of the Committee's establishment. The Terms of Reference will be worked on over the summer for report back to Council, in order that the Committee may continue to carry out its work.

The Council adjourned at 5:35 p.m.

* * * * *

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JULY 30, 1998

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, July 30, 1998, 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 (Cl. 2 and 3) Councillor Daniel Lee (Cl. 2 and 3) Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Ken Dobell, City Manager
CLERK TO THE COMMITTEE:	Nancy Largent

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of July 9, 1998, were adopted.

RECOMMENDATION

1. Environmental Grants File: 2201

On June 25, 1998, the Committee postponed a decision on two environmental grant requests, and instructed staff to provide additional information on the project budgets. Accordingly, the Committee had before it the following materials (on file):

· Memorandum from the Director of Environmental Health dated July 20, 1998 setting out the requested information;
· Extract from the minutes of the Standing Committee on Planning & Environment meeting of June 25, 1998;
· previously considered Administrative Report dated May 29, 1998.

Domenic Losito, Director of Environmental Health, briefly referenced the aforementioned memorandum.

The following motion by Councillor Price was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council approve a grant of $10,540.00 to Better Environmentally Sound Transportation for their “Cycling Brochure Series”; source of funds to be the Environmental Grant Fund in the Solid Waste Capital Reserve.

B. THAT Council approve a grant of $8,000.00 to Cycling B.C. for their “Road Worthy Program”; source of funds to be the Environmental Grant Fund in the Solid Waste Capital Reserve.

- CARRIED UNANIMOUSLY

2. New Trade and Convention Facilities Review Program: File: 6007

Portside Development Agreement Application -
Issues and Current Status

The Committee had before it a Policy Report dated July 14, 1998 (on file), in which the Director of Central Area Planning requested Council consider three policy issues pertaining to the Portside Development Agreement application submission: tower height and intrusion into a view cone; standard of childcare; and the existing requirement for a pedestrian overpass at the foot of Cambie Street. The General Managers of Community Services and Engineering Services recommended approval of the following:

A. THAT, in order to achieve hotel tower massing that will improve the urban design and views to the north through the Portside site, Council is prepared to consider a maximum height of 380' and an intrusion of this tower into the ‘Science World to Lions’ View Cone. *

B. THAT the applicant’s request for a reduced standard for childcare not be supported and that, consistent with the approved Central Waterfront Port Lands Policy Statement, the application comply with the City’s standard childcare requirements.

C. THAT a pedestrian overpass at the foot of Cambie Street not be required as part of the Portside application but that alternative pedestrian access across the CP Railyards be addressed by the applicant.

* Italics denote amended wording submitted at the meeting.

Larry Beasley, Director of Central Area Planning, explained the purpose of this report is to enquire whether Council will consider departing from its established policies in the three areas reviewed. In most other respects, the application falls within the existing policies, and Greystone Properties is conscientiously reviewing community concerns. Mr. Beasley clarified that Council's decision today will in no way bind it when the application is considered at "Public Hearing".

Rob Jenkins, Senior Planner, gave a brief overview of the project, emphasizing changes which have occurred since the Stage 1 and Stage 2 proposals. Mr. Jenkins also explained the rationale for the recommendations:

· It is difficult to squeeze the hotel into this space without intruding into the view cone. The recommended height increase would improve urban design fit, views to the north through the site, and the relationship to Gastown;
· Greystone wishes to apply a lower childcare standard to the hotel portion of the development. However, the Province was apprised of the standard over a year ago, and staff believe it to be appropriate. Once the number of childcare spaces is determined, discussions regarding location and possible payment in lieu options can proceed;
· The rail yards are expected to remain in place for the foreseeable future, and CP Rail will not permit placement of pillars within the yards because spacing between the tracks is too narrow and track would have to be removed. It would be impractical, from an engineering perspective, to span the distance without pillars. Therefore, staff believe that other options for providing pedestrian access should be examined.

Regarding the future potential for a Cambie pedestrian linkage, Mr. Beasley and Mr. Jenkins clarified that Council would not be changing its policy by accepting that the Cambie linkage is impractical to pursue at this time. Regarding the hotel tower height increase, this would reduce density remaining for the development of the east lands, with less pressure there.

Emil Barth, Projects and Community Liaison Branch, confirmed that pillars literally could not fit between the tracks. Quite an intrusive structure would be required to span the tracks with a cable bridge

David Podmore, Greystone Properties, reviewed the application and explained why Greystone is asking Council to deviate from its established policies with respect to the tower, the pedestrian crossing and the daycare standard:

· Height is less a concern with the Port Board and the public than the need to achieve superlative design. Design constraints which would affect a shorter tower were explained. The nature of Greystone's involvement with Marriott Hotels, and the particular needs of a convention hotel, were also described;
· The development will be designed so as to allow for an eventual pedestrian connection to Cambie Street. However, such a connection is impractical at this time because of the rail yards;
· Application of the City's daycare formula would result in a far higher ratio of spaces than Greystone believes would be utilized by its employees, based on the experience of other hoteliers. The formula is based on square footage rather than number of employees, and does not take into account the large amounts of non-revenue-producing space in a hotel. Also, employees prefer daycare close to their homes rather than their place of work. Greystone is asking for an opportunity to discuss this further with staff, and try to arrive at consensus as has been possible with other issues.
· The daycare location also needs to be worked out. Greystone believes the daycare should be located in the eastern section of the project at a later phase, where it will becloser to residential.

Penny Coates, Daycare Coordinator, clarified that in addition to hotel employees, the daycare will be available to others who live or work in the area. However, there will be a large number of lower-income shift workers on site who may well need this benefit. If not fully utilized by site workers, there will be no difficulty filling the remaining spaces. At this point, Council need only decide whether it wishes this development to adhere to the standard for the number of daycare spaces. Questions such as location or payment-in-lieu alternatives can still be discussed.

In response to a query, Mr. Podmore acknowledged that Greystone Properties was aware of the daycare standard early in the process, but indicated it had not been clear as to the implications.

Ken Dobell, City Manager, advised that the daycare figures were part of the evaluation from the beginning. The cost for the daycare was part of the public benefit negotiations, and part of the package deal. There may be reason for the City to re-visit its standard, but there is no basis to re-address it in the context of this development.

The Committee then heard from the following speakers:

Jim Lehto, Gastown Historic Area Planning Committee (brief filed)
Isabel Minty, Citizens Against Gambling Expansion
Don Larson, CRAB Water for Life Society
John Stovell, Gastown Business Improvement Society (brief filed)
Lisa Card, Hill's Indian Crafts (petition filed)

Following are some of the comments made by the foregoing:

· The Gastown Historic Area Planning Committee supported a height of up to 400 feet, but did not support deletion of the requirement for a Cambie Street pedestrian connector;
· Cambie is a very important street both to Gastown and the downtown area, and a project of this scope has the resources to provide a connection which, until now, has been only a dream;
· It is doubtful that a pedestrian connector would be technologically impossible given sufficient motivation;
· There is concern that Greystone intends to place a casino on the east lands, particularly in view of Marriott's connections with the MGM Grand casino;
· Greystone has not disclosed its intentions for the lands to the east, so it is difficult tojudge the potential impacts on CRAB Park;
· CRAB Park is the only place to go in the area to relax in the sunshine, and it must remain sunny;
· There is no three-dimensional scale model available, and there is concern that the development may look like a high-rise city on the waterfront;
· One of the few blessings of this project from the Downtown Eastside's point of view is that there will be some jobs, and working people in the area will need daycare. The City standard should be adhered to;
· The pedestrian connector should be at Cambie. A pedestrian connection at Carrall Street would be a disaster, creating a prostitution stroll close to the park as well as the development, and inviting drug dealers;
· Council should pass a resolution to remove hazardous cargo from this site;
· The design concept is not compatible with Gastown. Concerns include retailing impacts, pedestrian connections, traffic impacts, and urban design;
· Alternative or additional pedestrian connections further east may be acceptable, but is not prudent to rule out the Cambie connection at this time until more is known about development to the east and what alternatives may be proposed;
· It is vital to have a pedestrian connection in the centre of Gastown, and Cambie is the only through-way from which the water can be seen. There should be at least three crossing points, one east, one west and one central. Cambie is ideal, and even if not technically feasible at this time, can be addressed in future.

Mr. Beasley confirmed that shadow analysis has been done, and the park will not be overshadowed. Staff are not recommending that the requirement for a Cambie connector be discarded; merely that alternatives be considered at this time. Traffic analysis will be brought forward at the time of public hearing.

The following motion by Mayor Owen was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT, in order to achieve hotel tower massing that will improve the urban design and views to the north through the Portside site, Council is prepared to consider a maximum height of 380' and an intrusion of this tower into the ‘Science World to Lions’ View Cone.

- CARRIED

(Councillor Puil opposed to A)

The following motion by Councillor Herbert was put and carried. The Committee, therefore,

RECOMMENDED

B. THAT the applicant’s request for a reduced standard for childcare not be supported and that, consistent with the approved Central Waterfront Port Lands Policy Statement, the application comply with the City’s standard childcare requirements; and

FURTHER THAT staff and Greystone Properties study the question of daycare with a view to ensuring its functionality; this is not to reduce the number of spaces but to examine its fit and program.

- CARRIED UNANIMOUSLY

The following motion was put by Mayor Owen:

C. THAT a pedestrian overpass at the foot of Cambie Street not be required at this time as part of the Portside application but that alternative pedestrian access across the CP Railyards be addressed by the applicant.

- amended

The following amending motion was put by Councillor Chiavario and carried:

THAT the following clause be added to Mayor Owen's Recommendation C:

FURTHER THAT notwithstanding the foregoing, Council policy to achieve an overpass on the Cambie Street alignment will remain the objective when it becomes technically feasible.

- carried unanimously

The following motion by Mayor Owen, as amended by Councillor Chiavario was then put and carried. Therefore, the Committee

RECOMMENDED

C. THAT a pedestrian overpass at the foot of Cambie Street not be required at this time as part of the Portside application but that alternative pedestrian access across the CP Railyards be addressed by the applicant; and

FURTHER THAT notwithstanding the foregoing, Council policy to achieve an overpass on the Cambie Street alignment will remain the objective when it becomes technically feasible.

- CARRIED UNANIMOUSLY

3. The Barrett Commission of Inquiry into the File: 2501

Quality of Condominium Construction in British Columbia

The Committee had before it a Policy Report dated July 14, 1998 (on file), in which the City Building Inspector, in consultation with the Directors of Planning, Legal Services and Finance, recommended general support for the findings of The Barrett Commission of Inquiry into the Quality of Condominium Construction in British Columbia report entitled The Renewal of Trust in Residential Construction, with exceptions and qualifications noted in the Policy Report. The recommendations of the General Manager of Community Services are reflected in recommendations A, B and C of this report. Put forward for consideration was an option reflected in recommendation D of this report.

Tom Timm, City Building Inspector, reviewed the report and rationale for the recommendations and considerations item. Should Council wish to consider the waiving of building permit fees for repairs related to the building envelope, staff should be requested to evaluate the cost implications and report back. Mr. Timm also briefly referenced discussions taking place with other municipalities and the provincial government.

Rick Scobie, Director of Development Services, responded to queries on the overhang issue.

The Policy Report dated July 14, 1998, was originally on the City Council agenda of July 29, 1998, but was withdrawn in response to a delegation request from Peter Simpson, Greater Vancouver Home Builders' Association (July 3, 1998 brief filed). Following are some of the comments made by Mr. Simpson:

· Housing starts in the region have dropped to a 47-year low, equating to the loss of approximately 12,000 jobs in the lower mainland;
· The Greater Vancouver Home Builders' Association (GVBHA) concurs with 52 ofthe 87 Barrett Commission recommendations, believes 11 require extensive review, and cannot support 14 in any respect;
· First-time home buyers' primary concern is affordability, and implementation of the Barrett Commission recommendations will significantly increase the cost of housing;
· The proposed levy will not come from the building industry, but ultimately from the home buyer;
· Since no one knows what the costs will be, the industry is reluctant to start new projects;
· The Homeowner Protection Office will become a ministry with more layers of bureaucracy;
· The GVBHA opposes recommendations B (4) and B (6) of the Policy Report.

The following motion by Councillor Chiavario was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council instruct the Director of Legal Services to bring forward an amendment to the Vancouver Building By-law with respect to applying Part 5 requirements to buildings, and to renovations to building envelopes to all multi-family residential buildings greater than two stories in height or larger than 600 square metres in building area (regardless of fire walls).

B. THAT the Mayor write to the Minister of Municipal Affairs, on behalf of Council, noting general agreement with the findings of the Barrett Commission report: “The Renewal of Trust in Residential Construction”, with the following specific comments:

1) Recommend that the entire mandate of the Building Standards Branch, including code development and building policy be re-established within the Ministry of Municipal Affairs, and that this function not be split between residential and other types of construction.

2) Recommend that the requirements for a ‘Building Envelope Specialist’, as outlined in recommendation #15 of the Barrett Commission report, be added to Part 5 of the BC Building Code.

3) Note support for the adoption of a mandatory warranty program for residential construction, as outlined in recommendations#38, 39 ,40, 41 and 42 of the Barrett Commission report.

4) Note support for Trades regulation and Training, as outlined in recommendations #22, 23, 34, 35 and 37 of the Barrett Commission report.

5) Note support for deferment of property taxes for seniors through the Provincial Government's Land Tax Deferment program, as outlined in recommendation #82 of the Barrett Commission report.

6) Note disagreement with recommendation #19 of the Barrett Commission report, and instead recommend that the Municipal Act be modified to provide the same liability protection as under the Vancouver Charter to the rest of the Municipalities in the Province;

7) Note disagreement with recommendation #81 of the Barrett Commission report, which would require municipalities to provide exemption from taxes to all homeowners undergoing repairs related to the leaky condo problem.

C. THAT Council instruct the Director of Planning to review the Zoning and Development By-Law with regard to the issues outlined in recommendation #10 of the Barrett Commission report, and report back to Council.

D. THAT the City Building Inspector be requested to evaluate the cost implications of waiving building permit fees for building envelope repair projects and report this issue back for Council’s consideration.

- CARRIED UNANIMOUSLY

(Councillors Kennedy and Puil not present for the vote)

The meeting adjourned at 5:25 p.m.

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(c) 1998 City of Vancouver