CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

COURT OF REVISION

September 8, 1998

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 8, 1998 at approximately 7:45 p.m. in the Council Chamber, Third Floor City Hall.

PRESENT: Mayor Philip Owen

Councillor Jennifer Clarke

Councillor Alan Herbert

Councillor Lynne Kennedy

Councillor Daniel Lee

Councillor Don Lee

Councillor Gordon Price

Councillor Sam Sullivan

ABSENT: Councillor Don Bellamy (on Civic business)

Councillor Nancy A. Chiavario

Councillor George Puil

CLERK TO THE

COUNCIL: Larry Cantrell

MOVED by Cllr. Kennedy,

SECONDED by Cllr. Don Lee,

THAT this Council resolve itself into a Court of Revision for the purpose of hearing complaints against the proposed assessments or the accuracy of frontage measurements, or any other complaint which persons interested may desire to make and which is by law cognizable by the Court, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

COURT OF REVISION

LOCAL IMPROVEMENTS

Projects by Petition Court No. 586

Lane Lighting

Pavement, Curbs & Trees - Higher Zoned

Pavement, Curbs & Trees - Local Residential

Lane Pavement - Local Residential

Before Council was a report from the Collector of Taxes with respect to Local Improvement Court of Revision Number 586.

COURT NUMBER 586 - PROJECTS BY PETITION

September 8, 1998

The Collector of Taxes certified that the projects in this report have been requested by the majority of the assessed owners by means of a sufficiently signed petition.

The Collector of Taxes also advised in Appendix #1 of the September 8 Report that one signature had been withdrawn from Project 008, with the result that staff recommend the project be reballoted.

MOVED by Cllr. Herbert,

SECONDED by Cllr. Daniel Lee,

THAT the report of the Special Assessment Roll for Court No. 586, submitted by the Collector of Taxes, dated September 8, 1998, be approved, with the corrections and changes as noted herein.

- CARRIED UNANIMOUSLY

RISE FROM COURT OF REVISION

MOVED by Cllr. Kennedy,

SECONDED by Cllr. Price,

THAT the Court of Revision rise and report.

- CARRIED UNANIMOUSLY

COUNCIL

RECEIVE REPORT OF COURT OF REVISION

MOVED by Cllr. Sullivan,

SECONDED by Cllr. Don Lee,

THAT the report of the Court of Revision be received.

- CARRIED UNANIMOUSLY

City Manager’s Administrative Report

Local Improvements Subsequent Procedure

August 20, 1998

Prior to considering the recommendations in the Administrative Report dated August 20, 1998, delegations were heard and actions taken as follows:

Project No. 586/004

Bob Peters, 2200-block of Burrard Street, described himself as being unsure about the proposed project. He questioned what would have happened if the petition had not arisen. He also raised questions on the actual cost, as opposed to the estimated costs provided to the petitioners, to the allocation of costs to property holders affected by the changes and on changed traffic flow resulting from the project.

Peter Bremner, Local Improvement Engineer, advised that the $51,401 shown for property owners' cost in the Report of the Collector of Taxes is an estimate and that actual costs will probably by somewhat lower, with the difference being allocated back to property owners. Part of the project will impact on land owned by a railroad company which is not subject to local improvement costs. In response to a question raised by a member of Council, Mr. Bremner indicated that a crosswalk is not included in the petitioned project.

MOVED by Cllr. Price,

SECONDED by Cllr. Kennedy,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 586/007

Lorne Folick, 2500-block of West 37th Avenue, spoke in favour of the project because the proposed pavement and curbs reduce the amount of dirt, gravel and mud to be spattered or otherwise carried onto the adjoining properties; because the design of the curbs will have a traffic-calming effect and because the large old trees of the neighbourhood will be protected from cars that presently park adjacent to them and on top of their roots.

Marilia Neto, 2500-block of West 37th Avenue, spoke against the project. She regards her additional $400+ tax cost each year as a substantial burden against her income. She has seen improvement follow improvement in the Kerrisdale Area to the extent that the feel and texture of the old Kerrisdale Village is being lost. In her opinion the nearly $80,000 to be spent on this project will yield nothing commensurate with the cost.

Peter Prior, 2500-block of West 37th Avenue, spoke against the project. Mr. Prior pointed out that his side of West 37th Avenue is a double block and that the proposed local improvement is only for the 2500-block portion of the double block. As his is the last house in the 2500-block, the new pavement and curbs will cross the front of his property and then stop short in such a way that his immediately adjacent neighbour in the 2600-block will have neither curbs nor an increased tax burden. As the new annual costs will weigh heavily on his retirement income, he requested that the new curbing and paving be stopped before crossing his property line.

Staff commented that the petition, as circulated, described changes for the length of the 2500-block. To modify that is to provide something other than what the petitioners chose. It was suggested that Mr. Prior consider taking advantage of a Provincially-backed plan in which his taxes are deferred at a very low rate of interest until his house is sold at some future date.

In response to questions from a member of Council, the staff members present reported that they were unable to state whether the tax deferral program would allow Mr. Prior to defer only that portion of his property taxes relating to this local improvement. A Council member requested that staff look into this program and provide Council with more detailed information prior to the next Court of Revision.

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Sullivan,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 586/013

Anne Jackson, 7000-block of Marguerite Street, indicated that she is not sure about the proposed lane pavement. She is against paving over Vancouver. Such paving encourages speeding down the lanes, making her block seem like some other street and no longer a pleasant county lane. She pointed out that an alternative to the proposed lane paving was mentioned when the petition was distributed and wondered whether the signers were fully aware that they had a choice.

A member of Council commented that all those eligible to sign had received the same information as Ms. Prior and had freely made their choice.

MOVED by Cllr. Daniel Lee,

SECONDED by Cllr. Clarke,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 586/014

Patricia Lytwyn, 500-block of West 2nd Avenue, stated that she is wholly in favour of the proposed lane paving.

MOVED by Cllr. Clarke,

SECONDED by Cllr. Kennedy,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 586/015

Shane Hong, 3000-block of East 28th Avenue, opposed the proposed lane pavement by reason of its unwanted additional cost and because it diverts a portion of his property away from him.

MOVED by Cllr. Clarke,

SECONDED by Cllr. Herbert,

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 586/008

Staff drew the attention of Council to Appendix #1 of the Report by the Collector of Taxes. Project 008 had originally been accepted by the required majority of four signers. One signature, however, has subsequently been withdrawn. Staff recommends that Project 008, pavement, curbs and trees for 39th Avenue from Inverness to Slocum, be reballoted.

MOVED by Cllr. Herbert,

SECONDED by Cllr. Don Lee,

That this project be reballoted.

- CARRIED UNANIMOUSLY

Council then considered the Administrative Report dated August 20, 1998.

MOVED by Cllr. Kennedy,

SECONDED by Cllr. Sullivan,

THAT the projects "by petition" in Court No. 586 be approved, taking into account the specific actions taken this day.

- CARRIED UNANIMOUSLY

The Council adjourned at 8:32 p.m.

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(c) 1998 City of Vancouver