CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

OCTOBER 20, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, October 20, 1998, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Ken Dobell, City Manager
CLERK TO THE COUNCIL:	Ulli S. Watkiss

PRAYER

The proceedings in the Council Chamber were opened with a prayer read by the City Clerk.

"IN CAMERA" MEETING

Council was advised there were legal and property matters to be considered "In Camera" later this day.

ITEMS ARISING FROM "IN CAMERA" MEETING

At its In Camera meeting of October 8, 1998, the Standing Committee on Planning and Environment recommended:

THAT Council approve the following recipients for the 1998 Cultural Harmony Award:

Carousel Theatre - Organization Award

Vancouver Youth Theatre - Honourable Mention.

THAT the report of the Special Advisory Committee dated September 24, 1998, be made public.

MOVED by Cllr. Clarke,

SECONDED by Cllr. Bellamy,

THAT the foregoing recommendation of the Standing Committee on Planning and Environment be approved.

- CARRIED UNANIMOUSLY

ADOPTION OF MINUTES

1. Special Council Meeting Minutes

(Public Hearing)

September 29 & 30, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting Minutes

(Planning and Environment)

October 1, 1998

MOVED by Cllr. Clarke,

SECONDED by Cllr. Puil,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

ADOPTION OF MINUTES (CONT’D)

3. Regular Council Meeting Minutes

October 6, 1998

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Bellamy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

4. Regular Council Meeting Minutes

(Transportation and Traffic)

October 6, 1998

MOVED by Cllr. Price,

SECONDED by Cllr. Bellamy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

5. Special Council Meeting Minutes

(Granville Island)

October 1 & 6, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

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

- CARRIED UNANIMOUSLYREPORT REFERENCE

1. Strategic Action Plan for the Downtown Eastside File: 8104

RTS: 98 & 99

Judy Rogers, Deputy City Manager, provided a report reference on:

·Policy Report dated October 1, 1998, entitled "A Program of Strategic Actions for the Downtown Eastside Public Response and Implementation";

·Administrative Report dated October 1, 1998, entitled "National Crime Prevention Program Funding Application - "Building a Future Together - The Downtown Eastside Revitalization Program".

Ms. Rogers reviewed problems in the Downtown Eastside and surrounding areas, as well as related statistics and trends. While the area has had difficulties for years, these have now reached critical proportions due to deinstitutionalisation of the mentally ill, increasing drug use including crack cocaine creating a regional drug market, gangs moving in, and fewer legitimate businesses. Significant issues include low quality housing, too many alcohol seats concentrated in the area, major health concerns, and increasing isolation from the rest of the city.

Ms. Rogers stressed that there are no quick fixes to these problems, which will require intergovernmental coordination and community involvement to solve. Both short-term positive actions and long-term policies and investment will be required. In addition to City initiatives, a National Crime Prevention Funding Application has been submitted to create a coordinated revitalization program; proposed work was reviewed, noting that since the program will be multi-jurisdictional, much remains to be worked out. Ms. Rogers also discussed Urban Development Agreements, the role of the Coalition on Crime and Drugs, and the need to build partnerships.

Ms. Rogers, Ken Dobell, City Manager, and Inspector Gord Spencer responded to various queries regarding the content of the Administrative Reports. Council then noted delegation requests had been received, and it was

MOVED by Cllr. Clarke,

THAT a decision on these matters be referred to the October 22, 1998 meeting of the Standing Committee on Planning and Environment, at which time delegations will be heard.

- CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Text Amendment: 1925 West 33rd Avenue File: PH366

(Arbutus Gardens)

On September 29 and 30, 1998, Council heard from 20 speakers at the Public Hearing to consider the proposed text amendment to 1925 West 33rd Avenue.

The Public Hearing concluded on September 30th. Council agreed to defer its decision on the application to the October 6th Regular Council meeting to allow staff to provide clarification on:

(i)specific development rights of the owner of the site, taking into consideration the CD-1 By-law, the Minutes of the 1993 Public Hearing and authority of Council under the Vancouver Charter;

(ii)the extent to which Council can secure a "right-to-rent" option for condominium owners by covenant or through the Condominium Act; and

(iii)what rights do future Strata Councils have under the Condominium Act to override covenants or other agreements entered into between the current owner and the City in regard to the "right-to-rent".

Subsequently, the decision on the application was deferred to the October 20 Council meeting to allow staff time to provide the requested information. Accordingly, Council now had before it a memorandum dated October 19, 1998 (on file), providing clarification on the foregoing legal and form of development inquiries.

Rob Whitlock, Acting Senior Rezoning Planner, reviewed the information provided in the October 19, 1998 memorandum, as well as proposed conditions of approval set out in a previously distributed September 29, 1998 memorandum (on file). Mr. Whitlock responded to questions about the potential impacts of removing the eight and nine storey element, views, shadowing and building bulk, and the potential for a "right-to-rent" agreement. Mr. Whitlock also confirmed that Council has no authority to require rental on the site unless the rental is secured through an agreement with the property owner.

Bruce Maitland, Manager of Real Estate Services, advised that in his opinion, removal of the eighth and ninth storeys would not affect the financial viability of the project to such an extent that it would be unable to proceed.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

Following are some of the issues referenced by Council members while discussing this application:

·the existing wood-frame building is 35 years old and will eventually have to be replaced, making it important to secure rental on the site through an agreement with the owner;

·some members considered the eighth and ninth storeys to be too tall, because they would be visible above the tree-line and appear to dominate the natural setting;

·removal of the eight and ninth storeys would be a reduction of only .04 FSR, which should not unduly affect the project's viability;

·this project will bring incremental change to the area;

·the project is well suited to the topography of the site and preserves trees.

MOVED by Cllr. Puil,

THAT the application be approved, subject to the Conditions of Approval set out in the Minute of the Public Hearing amended as follows:

(a)THAT the proposed schematic development be approved by Council in principle, generally as prepared by Paul Merrick Architects Limited and dated January 30, 1998, provided that the Director of Planning may allow alterations when approving the detailed scheme of development in clause (c), in accordance with guidelines adopted in clause (b).

(b)THAT the CD-1 By-law be accompanied, at the time of enactment, by the "Arbutus Gardens CD-1 Guidelines" to be adopted by resolution of Council (see Appendix E of referral report).

(c)THAT, prior to final approval by Council of the form of development for each phase, the applicant shall obtain approval of development applications by the Director of Planning, who shall have regard to the following:

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

Engineering

(i)lay-bys, porte-cocheres, and other boulevard crossings are to be minimized to the satisfaction of the General Manager of Engineering Services and the Director of Planning;

(ii)on-site maneuvering is to be provided for all loading spaces;

(iii)the temporary southern most parking access on Arbutus Street is not to remain open as future loading access (Phase 5 loading can be served from the proposed private cul-de-sac accessed from West 33rd Avenue); and

(iv)clarification of the charges shown on title is required (a charge summary should be provided).

Crime Prevention Through Environmental Design (CPTED)

(v)design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED) having particular regard to reducing opportunities for:

1.Theft in the underground: Theft from auto and bicycle theft is prevalent in Vancouver. These problems can be mitigated by completely separating different user groups including gating, exit stairs and elevators.

2.Fear in the underground: Security and visibility issues in the underground can be improved with adherence to section 4.12 of the Parking By-law.

3.Break and enters: Ground floor units are especially susceptible to break and enters. This can be mitigated by deleting areas of concealment in and around windows, doorways and patios.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

4.Graffiti: Graffiti is prevalent in Vancouver. Graffiti artists across Canada view Vancouver as the Graffiti Mecca of Canada. Removal is costly for businesses and strata owners. Contact the City’s Graffiti Coordinator at 873-7162 for further information and resource.

5. Skateboarding: This can be achieved using non-smooth paving material and planter walls that step or have reveals cast into concrete planter sitting edges.

Seniors’ Committee

(vi)design development to accommodate comments of the Special Advisory Committee on Seniors resulting from a review by the Committee of development application drawings;

Subdivision

(vii)subdivide the site in a form satisfactory to the Approving Officer, in accordance with the rezoning and the proposed phases of development, including:

1.regard for retention of existing buildings in remaining phases;

2.clear identification of shared pathways among and between buildings, shared underground parking garages and other common site amenities; and

3.ensure that appropriate legal agreements are struck which guarantee unimpeded access of registered owners and any tenant among and between the buildings on the site, and any shared or common on-site facilities or amenities.

On-site Tenant/Owner Amenities

(viii)the provision of on-site owner/tenant amenities and their securement by phase or grouping of phases will need to be addressed by the applicant, to the satisfaction of the Director of Planning.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

(d)THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

(i)Engineering: Enter into agreement(s) to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:

1.improvements to West 33rd Avenue between Arbutus Street and Valley Drive as prescribed in a separate review process, with 100% of the cost to be paid by the applicant;

(Note: this will include, but may not be limited to, the installation of sidewalk, curb and gutter, pavement, and provision of street trees.)

2.improvements to the Arbutus and Valley Drive intersection to provide a left-turn bay, with 50% of the cost to be paid by the applicant;

3.provision of traffic management measures on Valley Drive to discourage "thru" traffic, within five (5) years of occupancy of the final phase of this development, with 100% of the cost to be paid by the applicant;

4.provision of street trees adjacent the site where space permits, with 100% of the cost borne by the applicant; and

5.undergrounding of all new services for this development from the closest existing suitable service point.

(Note: Items 1, 2 and 3 will be subject to the approval of City Council in future.)

(ii)Fire: Prior to enactment, the applicant must demonstrate to Fire and Engineering Services staff the following:

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

1.indicate the ability to comply with Vancouver Building By-law requirements since there are no site difficulties on a new building, specifically in clause 3.2.5.2.(2) on distance from curb to principle entrance to be maximum 15 m.

(Note: The applicant has indicated there will be a feasible solution.)

2.determine the location of the required fire hydrants to the site. This information is necessary up-front to flag any main difficulties with Engineering or any unforeseen traffic problems which may involve closing off Arbutus Street for construction.

(iii)Landscape: Enter into agreement(s) to the satisfaction of the Director of Planning and the Director of Legal Services for the following:

1.submission of a comprehensive Tree Management Plan (indicating retention, relocation and replacement) at the time of the development application. This Tree Management Plan will include a tree tagging program (e.g., red for removal, yellow for possible removal and green for retention) and signs informing the public of the tree management intentions, prior to, during, and after construction;

2.The applicant is required to contact the Park Board with respect to any trees located on the City Boulevard. The Park Board will determine the tree retention, relocation or replacement program in consultation with Engineering Services and the Planning Department;

3.a Letter of Credit is required for those trees to be retained prior to the issuance of the development permit. The value of the Letter of Credit will be determined through assessment by a Certified Arborist based on the International Society of Arboriculture tree evaluation method;

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

4.a Certified Arborist will be retained by the applicant during construction to ensure that the retained trees are protected in accordance with the Private Property Tree By-law and the City’s guidelines for tree retention, relocation and replacement;

5.the applicant is required to apply for the appropriate Tree Removal and Replacement Permit(s), in accordance with the Private Property Tree By-law, prior to receiving their Development Permit;

6.a Landscape Plan is required at the time of Development Application that includes existing trees, along with other proposed landscape improvements. A plant list illustrating proposed species, quantity and size, as well as any construction details necessary to retain existing trees is also required; and

7.consideration of relocating site trees to the City Boulevard, in cases where the trees cannot be retained as a result of development, to satisfaction of the Park Board, Engineering Services and the Planning Department.

(iv)Non-Discrimination: Enter into an agreement, to the satisfaction of the Director of Legal Services, preventing discrimination against families with children in the sale and/or occupancy of residential units.

(v)Public Art: Enter into a legal agreement, satisfactory to the Director of Legal Services, committing the applicant to participate in the City Public Art Program, and obtain approval by the Director of Cultural Affairs of a Preliminary Public Art Plan.

(vi)CAC: A Community Amenity Contribution (CAC) of $2.46 per sq. ft. of building area payable upon issuance of the first Building Permit for each phase of the development, escalated by the Consumer Price Index from the date of the Public Hearing ($1,854,000 on the total development as of the Public Hearing).

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

(Note: Council has further resolved:

[1]THAT staff be instructed to report back to Council at or prior to the time of enactment of the rezoning on the appropriate allocation of the CAC funds;

[2]THAT any CAC contributions paid not be applied to purposes for which DCLs may be collected; and

[3]THAT if CACs are required, a no-development covenant, to be released for each phase of the development upon payment of the CAC, be required to secure payment of the CAC);

(vii)Housing: Enter into agreement(s) to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services, for the following:

1.THAT 100 units of guaranteed rental replacement housing, including exclusive use of a parking stall in the same building for each unit, be secured for at least 60 years or the life of the building, whichever is greater, through a Housing Agreement and any other legal instruments to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services;

(Note: in addition, Council has resolved that Polygon and the City enter into an agreement providing that the rental housing be recognized as a credit against any further Development Cost Levy (DCL) for replacement housing requiring that the City pay that portion of an applicable DCL into the Development Cost Levy Fund from City funds and on behalf of the applicant, if a DCL is implemented prior to the completion of this project.);

2.a relocation plan, including a survey of all existing residents and an assessment of their housing needs and plans to the satisfaction of the Manager of the Housing Centre, will be required prior to issuance of the first development permit for the site.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

(viii)Right to Rental Agreement: THAT the right of future strata lot owners to rent their unit or units on any of the parcels in the development, except those units secured as rental under condition (d)(viii), be secured through a Housing Agreement and other legal instruments to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services;

FURTHER THAT the following changes to the draft by-law be approved:

(a) Minor Adjustments

Replace TABLE 1 (Pg. 3) of the Draft By-law with the following:

Parcel	1	2	3 *	4 *	5	6	7
FSR	1.73	1.56	1.87*	2.08*	1.27	1.25	0.61

* Note from Clerk:Council's decision to eliminate the eighth and ninth stories on these parcels and not allow reallocation of the affected floor area will result in reduction of these FSRs.

Add the following clause to section 4.5 (Pg. 4) of the Draft By-law:

"(b)enclosed residential balconies, provided that the Director of Planning first considers all applicable policies and guidelines adopted by Council and approves the design of any balcony enclosure, subject to the following:

•the total area of all open and enclosed balcony or sundeck exclusions does not exceed eight percent of the residential floor area being provided; and

•no more than 50 percent of the excluded balcony floor area may be enclosed."

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1925 West 33rd Avenue

(Arbutus Gardens) (cont’d)

(b) Parking Standards

Delete existing section 6.1 and replace with the following:

"6.1Off-street parking, loading and bicycle spaces must be provided, developed and maintained in accordance with the RM-3 provisions of the Parking By-law, except that one off-street loading space for each 200 dwelling units must be provided.";

FURTHER THAT the eighth and ninth stories be eliminated, and that there be no reallocation of density resulting from this reduction;

AND FURTHER THAT there be no reduction in the proposed 100 rental units.

* italics denote amendment

- CARRIED

(Mayor Owen and Councillor Sullivan opposed to elimination of eighth and

ninth storeys and no reallocation of density resulting from this reduction)

(Councillor Herbert excused from voting on this item)

Councillor Chiavario returned at this point in the proceedings.

RECOGNITION

Council recognized former Fire Chief Glen Maddess, and presented him with a certificate and a retirement gift.

- - - - -

Council recessed at approximately 4:00 p.m., and reconvened at 4:30 p.m.

with all members present except Councillor Kennedy.

- - - - -

UNFINISHED BUSINESS (CONT’D)

2. Text Amendment: 1405 Anderson Street File: PH367

(Granville Island Reference Documents)

On October 1 and 6, 1998, Council heard from 47 speakers at the Special Council Meeting to consider the proposed text amendment to the Reference Document for Granville Island (1405 Anderson Street). The Special Council concluded on October 6 and Council agreed a final decision on the application would be made at the October 20 Regular Council meeting.

Larry Beasley, Director of Central Area Planning, and Rob Whitlock, Acting Senior Rezoning Planner, were present to provide closing comments from staff on the application, and to respond to questions from members of Council. Also present were the following representatives for the applicant:

-Michael Seelig

- Norm Hotson

-Mike Young (CMHC).

Mr. Whitlock reviewed the purposes of the Reference Document for Granville Island, noting the need to remain sensitive to public needs and interests, accommodate a variety of pursuits, retain a rich environment, and redevelop incrementally. Regional trends and potential benefits of multiplex theatres were reviewed. A cinema would provide evening activity, and may produce spin-off benefits such as shopping and dining. It was noted many public concerns focussed upon access, parking and congestion. However, this will be less an issue at night when the theatres will be most heavily used. The Engineering Department is satisfied with the parking proposal, and will monitor the impact of matinees. The Planning Department recommends approval of the application.

Mr. Seelig noted extensive research and staff and public input have gone into this process, which has also received endorsement from the Design Panel. However, it was acknowledged a number of legitimate concerns were raised at the Special Council Meeting which the applicants are prepared to address in a contractual agreement containing the following:

·The lease will be negotiated entirely between himself and Mr. Sacks, and the CMHC; Messrs. Seelig and Sacks will be entirely responsible for the ground floor and will sub-lease the theatre space;

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1405 Anderson Street

(Granville Island Reference Documents) (cont’d)

·Agreement with proposed Conditions of Approval to be met at the Development Application stage set out in a memorandum dated October 20, 1998 (previously distributed and on file);

·The applicants will be bound to seek CMHC approval for any tenant;

·The restaurant planned for the project will be family-style, moderately priced and locally owned, and will not be a fast-food chain;

·At least one screening room will be provided for the screening of student films.

Mr. Seelig felt the proposal is consistent with the Granville Island Reference Document and nicely integrated into the area. Engineering will monitor the impact of traffic from matinees and have the authority to discontinue them. In addition, the entrance to the theatre has been changed to discourage blocking access to the Island. Mr. Seelig pointed out that the Granville Island Trust also carefully monitors its leases.

In response to questions, Paul Pinsker, Transportation Engineering, explained why Engineering is satisfied with the parking proposal, and described the public process which will be undertaken to determine impact thresholds to be monitored. Examples were provided.

Mr. Beasley clarified further that there is currently a condition to implement thresholds and have them monitored by Engineering. Alternatively, Council may wish to instruct staff to obtain a legal agreement that matinees will not begin until the General Manager of Engineering Services has reported back on suitable thresholds. Or as a further alternative, Council could require a legal agreement that there will be no matinees.

Tom Lightburn, representing Famous Players, advised the pro forma for the cinemas does include matinees, and it may take longer to reach a net profit situation without matinees. Mr. Lightburn was unable to say whether Famous Players would be prepared to proceed if matinees were eliminated. However, there are a variety of ways to work with the Engineering Department, including adjustment of hours of matinees to avoid peak traffic, cancellation of the 2:00 p.m. matinee for a portion of the summer season, and so on. Famous Players has agreed to be flexible should problems arise.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1405 Anderson Street

(Granville Island Reference Documents) (cont’d)

Mr. Young reviewed the history of Granville Island, and answered questions about the possibility of the CMHC contributing to capital improvements to access to Granville Island, the Granville Island Trust's relationship to the Ministry of Public Works and the Treasury Board, the process undertaken by the Trust before the City's public process commenced, and availability of the Island's financial statements. The CMHC has no authority to participate in traffic improvements off Granville Island. However, more than half the visitors to the Island come by means other than private auto, and the Trust would certainly participate in any study of transportation linkages, and it is possible that the Trust would participate in direct improvements to such linkages. Also, a contribution for traffic/parking amelioration has been leveraged based on this development. It was also pointed out that the Granville Island Trust uses funding brought in by more commercially viable enterprises to "subsidize" many less commercial ventures which are nevertheless desirable on the Island; Mr. Young acknowledged Mr. Beasley's belief that the Reference Document requires comprehensive review.

Following are some of the comments made by Council members in discussing this application:

·the Granville Island Reference Document requires comprehensive review, which should be undertaken before a project with potential significant impact is undertaken;

·the project should not be approved until the issue of access has been resolved;

·some members did not object to a cinema, per se, while others felt a commercial cinema would not be acceptable under any circumstances;

·a commercial cinema will have a detrimental effect on the ambience of Granville Island, which should remain arts and crafts oriented;

·a cinema complex will substantially increase congestion, its location at the entrance will worsen already poor access, and additional traffic will detract further from what was intended to a be a pedestrian-friendly environment;

·a foothold gained by such a commercial venture will encourage other developers to bring forward more substantial commercial ventures, further eroding the ambience of Granville Island;

·funding brought in by more commercially viable enterprises subsidizes many of the very types of enterprises which Council wishes to see on the Island;

·the proposed complex would provide desirable evening activity for residents and visitors alike, and would lighten a dark area;

·the restaurant will be locally owned, and not a fast-food chain.

Cont’d

UNFINISHED BUSINESS (CONT’D)

Text Amendment: 1405 Anderson Street

(Granville Island Reference Documents) (cont’d)

MOVED by Cllr. Clarke,

THAT this application be deferred until the issue of Granville Island access is resolved.

- LOST

(Councillors Bellamy, Chiavario, Herbert, Daniel Lee, Don Lee,

Price, Puil and Sullivan opposed)

MOVED by Cllr. Puil,

That the application be refused.

- CARRIED

(Mayor Owen opposed)

- - - - -

(Councillor Clarke left the meeting at this point and did not return.)

COMMUNICATIONS AND/OR PETITIONS

1. 1999 Council Meeting Schedule File: 1253

MOVED by Cllr. Bellamy,

THAT Council approve the 1999 Meeting Schedule as set out in the memorandum from the City Clerk dated October 8, 1998.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS

1.Strata Title Conversion: 679 East Georgia Street File: 5311/RTS: 97

October 1, 1998

MOVED by Cllr. Bellamy,

THAT the application to convert the previously-occupied building at 679 East Georgia Street (Lot 1, Block 84, D.L. 196, Plan LMP37445) to strata title ownership be approved in principle, but that pursuant to Section 9(1) of the Condominium Act, the Certificate of Approval (Form 10) shall not be issued unless the following conditions have been met within one year of the date of this approval:

a)Completion of all work in accordance with the approved plans and permits, and issuance of an Occupancy Permit, all at no cost to the City and to the satisfaction of the City Building Inspector, in order that this previously occupied building substantially complies with all relevant by-laws; and

b)Execution of a covenant pursuant to Section 219 of the Land Title Act, to be registered concurrently with the strata plan, prepared to the satisfaction of the Director of Legal Services, to serve as notice on title regarding the uncertainty of site redevelopment.

- CARRIED UNANIMOUSLY

2. Staffing Modification - Community Services Group File: 1363/RTS: 96

September 14, 1998

MOVED by Cllr. Puil,

A.THAT an exempt position be established to manage the consolidated Records Management function for the four departments in the Community Services Group, subject to job evaluation by the Director of Human Resources, at an annualized salary and benefits cost of approximately $62,900.

B.THAT the cost of Recommendation A be completely offset by consolidation of administrative functions in the Support Services Division by December 31, 1998.

- CARRIED

(Councillor Chiavario opposed)

ADMINISTRATIVE REPORTS (CONT’D)

3. Payment-in-Lieu of Parking Application - File: 5655/RTS: 101

1190 Homer Street

September 29, 1998

MOVED by Cllr. Bellamy,

A.THAT Council approve in principle, the offer of payment-in-lieu in the amount of $146,300 by Myles Agencies Ltd, Fugman Enterprises Ltd. For DE 403351, for the waiver of 11 parking spaces required by Section 4.1.2 of the Parking By-law.

B.THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

4. Approval of Strata Title Conversion - File: 5311/RTS: 106

2818-2828 West 3rd Avenue

October 5, 1998

MOVED by Cllr. Puil,

THAT the application to convert the previously-occupied building at 2818-2828 West 3rd Avenue (Lot 4 of 3, Block 28, D.L. 192, Plan 1661) to strata title ownership be approved in principle, but that pursuant to Section 9(1) of the Condominium Act, the Certificate of Approval (Form 10) shall not be issued unless the following condition has been met within six months of the date of this approval:

Execution of a Section 219 Covenant, to be registered concurrently with the strata plan, prepared to the satisfaction of the Director of Legal Services, to serve as notice on title regarding the uncertainty of site redevelopment.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT’D)

5. 1998 Cultural Grants: File: 2051/RTS: 105

Arts Administration Grant Request

October 5, 1998

MOVED by Cllr. Puil,

THAT Council approve a grant of $400 to Main Dance Projects Society, source of funds to be the Organizational Development component of the 1998 Cultural Grants Budget.

- CARRIED UNANIMOUSLY AND

BY THE REQUIRED MAJORITY

6. Possible Withholding Action for File: 5305/RTS: 155

2596 Kitchener Street - Clinton Park

West RS-1S Interim Zoning Review Study Area

October 13, 1998

Because a delegation request was received, this report was referred to the October 22, 1998 City Services & Budgets Committee meeting.

POLICY REPORTS

1. Downtown Granville Street - Sign By-law Amendments File: 2851/RTS: 107

September 30, 1998

MOVED by Cllr. Puil,

THAT the Director of Central Area Planning, on behalf of the Director of Land Use & Development be instructed to make application to amend the Sign By-law to allow larger signs and encourage the use of neon illumination on Granville Street (downtown) and change the provisions for third-party advertising on Granville Street (downtown) and in other areas of the city, generally in accordance with Appendix A (or as in Appendix A1 or A2, if Council chooses);

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law;

AND FURTHER THAT the application and by-law be referred to a Public Hearing.

- CARRIED UNANIMOUSLY

POLICY REPORTS (CONT’D)

2. Regulating Hours of Operation of Businesses File: 2501/RTS: 146

in the Downtown Eastside, Chinatown, Gastown

Strathcona and Victory Square

October 8, 1998

A memorandum dated October 20, 1998 (on file) was distributed, setting out a further recommendation reflected in the following Recommendation D.

MOVED by Cllr. Puil,

A.THAT the Province be requested to give the City the authority to require that the following classes of businesses along Hastings Street between Clark Drive and Richards Street, as shown as Area 1 in Appendix A, be closed daily between 1:00 am and 6:00 am: Bottle Depot, Cheque Cashing Centre, Dating Service, Fitness Centre, Hairdressing Salon, Laundry, Limited Service Food Establishment, Pawnbroker, Post Box Rental Agency, Restaurant, Retail Dealer, Retail Dealer - Food, Social Escort Service, Second Hand Dealer, Tanning/Skin Care Salon, and Theatre.

B.THAT the Province be requested to give the City the authority to require that the following classes of businesses in the Remainder of the Downtown Eastside, Chinatown, Gastown, Strathcona and Victory Square, as shown as Area 2 in Appendix A, be closed daily between 1:00 am and 6:00 am: Limited Service Food Establishment, Pawnbroker and Second Hand Dealer.

C.THAT staff consult with the general public and interested community groups and businesses and report back with a draft by-law as soon as possible after the Province has approved A and B.

D.THAT staff be empowered to request that the Province give the City the authority to regulate the hours of operation of the same uses in Area 2 as requested in Area 1.

- CARRIED UNANIMOUSLY

OTHER REPORTS

I. Vancouver Liquor Licensing Commission

October 8, 1998

The Council considered this report which contains four clauses identified as follows:

Cl. 1: 2750 Granville Street - Stanley Theatre: Class ‘E’ Concert Hall

Cl. 2:810 Granville Street - Cabaret (Non-Alcoholic Dance Hall) John Margetis

Cl. 3:870 Granville Street - Commodore Cabaret

Cl. 4:Other Business

(a)315 East Broadway - The Viper Room Cabaret

(b)Inspections by the Liquor Control and Licensing Branch (LCLB)

(c)NFL Football - BC Place, August 15, 1998

MOVED by Cllr. Bellamy,

THAT the recommendations of the Vancouver Liquor Licensing Commission, as set out in Clauses 1 to 3 inclusive of its October 8, 1998 report, be approved, and that Clause 4 be received for information.

- 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. Price,

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

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Police Charges for Special Events File: 3701

Councillor Chiavario enquired whether City Council will be receiving a report on significant charges recently billed to at least two special events by the Police Department.

The Mayor indicated and the City Manager confirmed that a report on this matter is being processed.

2. Vancouver Pound File: 3507

Councillor Chiavario advised that the Vancouver Pound, under the direction of Paul Teichroeb, Chief License Inspector, and Barbara Fellnermayr, Acting Manager, Animal Control, has instituted a "no-kill" policy for dogs, together with significant care and exercise programs. The City is now on the cutting edge of positive animal welfare, and Councillor Chiavario requested Mr. Teichroeb to convey her congratulations, and those of the Domestic Animals Committee, to his staff.

3. Passenger Limits for HOV Lanes File: 5559

Councillor Sullivan recalled objections which Council has previously raised to High Occupancy Vehicle (HOV) lanes which permit less than a minimum of three passengers. The Councillor noted the Ministry of Transportation and Highways has recently permitted a reduction to allow car pools of two persons on the Barnet Highway and the Trans Canada Highway, although Council was recently assured by the Director of the Trans-Canada HOV project that at least three passengers would be required for the lane to be effective. These HOV lanes now amount to nothing but increased arterial capacity into Vancouver, catering to automobile use.

It was noted that the G.V.R.D. has formally approved this change, and so advised the Ministry. However, it was

MOVED by Cllr. Sullivan,

THAT the Mayor write to the Minister of Transportation and Highways protesting the change to 2-passenger occupancy of HOV lanes.

- CARRIED

(Councillors Daniel Lee and Puil opposed)

ENQUIRIES AND OTHER MATTERS (CONT’D)

4. Pacific Boulevard File: 8204

Councillor Price recalled he had previously requested a report regarding potential improvements to Pacific Boulevard, and requested that staff advise on the status of this report.

The Mayor so directed.

5. Maintenance of 100 Block West Hastings File: 8104

Councillor Bellamy advised that the 100 Block West Hastings is filthy, and requested that the Engineering Department look into it and take the necessary action.

The Mayor so directed.

The Council recessed at 6:20 p.m., and reconvened ‘In Camera’

in the Mayor’s Office

* * * * *

(c) 1998 City of Vancouver