Court of Revision Minutes - Dec. 1/98 mtg.

CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
COURT OF REVISION
December 1, 1998
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, December 1, 1998 at approximately 7:30 p.m., in the Council Chamber, Third Floor City Hall.
PRESENT: Mayor Philip Owen
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Don Lee
Councillor George Puil
Councillor Sam Sullivan

ABSENT: Councillor Don Bellamy (Sick Leave)
Councillor Nancy A. Chiavario (Sick Leave)
Councillor Lynne Kennedy
Councillor Gordon Price
CLERK TO THE
COUNCIL: Larry Cantrell
MOVED by Cllr. Herbert,
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 #587
Street Lighting
Lane Lighting
Pavement, Curbs, Trees and Bulges - Local Residential
Lane Pavement - Higher Zoned
Lane Pavement - Local Residential
Speed Humps
Pedestrian Collector Sidewalk
Sidewalk
Projects by Initiative Court #588
Pavement, Curbs, Trees and Bulges - Higher Zoned
Pavement, Curbs, Trees and Bulges - Local Residential
Lane Pavement - Higher Zoned
Lane Pavement - Local Residential
Speed Humps
Pedestrian Collector Sidewalks
Sidewalk Reconstruction
Special Projects by Initiative Court #589
Granville Mall Decorative Street Tree Lighting
Sidewalk and Street Work
Sidewalk and Pavement
Before Council was a report from the Collector of Taxes with respect to Local Improvement Court of Revision Numbers 587, 588 and 589.
COURT NO. 587 - PROJECTS BY PETITION
December 1, 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.
COURT NO. 588 - PROJECTS BY INITIATIVE
December 1, 1998
In the report from the Collector of Taxes, it was noted that Projects 7, 24, 25, 26, 28, 39 and 48 were objected to by at least more than one-half the owners of the properties who represent at least more than one-half the total value of all the properties on each project. These projects were defeated.
Projects 32 and 33 were each opposed by one of two owners affected. These projects were withdrawn at this time on the recommendation of the Engineering Department
.
Project 44 was opposed by three out of four owners; however, the value of the properties of the was less than half the total value of all the properties in the project. It was recommended that this project be withdrawn.
In Appendix #3 to the Report of the Collector of Taxes, cost-sharing on Project 38 was revised to show the City's share as $5,018 and the owners' share at $4,649 because City-owned property, originally assessed, was later deemed non-assessable.
COURT NO. 589 - SPECIAL PROJECTS BY INITIATIVE
December 1, 1998
Project 4 was opposed by 18 out of 24 owners; however, the value of the properties of the objecting owners was less than half the total value of all the properties in the project. It was recommended that this project be withdrawn.
MOVED by Cllr. Herbert,
SECONDED by Cllr. Daniel Lee,
THAT the report of the Special Assessment Roll for Courts 587, 588 and 589, submitted by the Collector of Taxes, dated December 1, 1998, be approved, with the corrections and changes as noted herein.
- CARRIED UNANIMOUSLY
RISE FROM COURT OF REVISION
MOVED by Cllr. Herbert,
SECONDED by Cllr. Don Lee,
THAT the Court of Revision rise and report.
- CARRIED UNANIMOUSLY
COUNCIL
RECEIVE REPORT OF COURT OF REVISION
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Don Lee,
THAT the report of the Court of Revision be received.
- CARRIED UNANIMOUSLY
General Manager of Engineering Services’ Administrative Report
Local Improvement Subsequent Procedure - December 1, 1998
November 12, 1998
Prior to considering the recommendations in the Administrative Report dated November 12, 1998, delegations were heard and actions taken as follows:
Project No. 587/003
Marilyn Dow, 4200-block Carnarvon Street, spoke against this lane lighting project. She believes that the five proposed lights are too many and her view will be spoiled by their presence. If the project is approved, she requested fewer lights and light shields. Ms. Dow reported that the project had been defeated by resident owners, but passed when the votes of offshore owners were tallied. She stated her belief that some offshore owners had been misinformed about the need for such lighting.
Elizabeth Norris, Local Improvements Clerk, informed Council that she had received two withdrawal letters at the Court, a number sufficient to reduce the approving signatures to a level below that required for approval of the project, but of the signatures received, one was
possibly the anglicized version of the Chinese name on the property title, the other was signed with Chinese characters; both required verification.
In reply to a question on the manner in which offshore owners are surveyed, Council was informed that survey forms are sent in English, but are accompanied by a multi-lingual message informing recipients that the attached letter is important and should be translated.
Cllr. Clarke suggested that the names on the letters of withdrawal be verified promptly.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,
THAT this project be reballotted and that the cover letter for the reballot be translated into the appropriate language.
- CARRIED UNANIMOUSLY
Project No. 587/007
Linda Koyabu, 1300-block East 6th Avenue, speaking for her father, thought this was a sidewalk project. It was brought to her attention by the Mayor that the project is for lane lighting.
Carolyn Clark and Janis Hanen, both of the 1300-block East 7th Avenue, who registered in support for the project, did not speak.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Don Lee,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 587/020
Barbara Bernhardt, 600-block West 17th Avenue, spoke against this project for pavement, curbs, trees and bulges. Ms. Bernhardt expressed concerns about the new curbs damaging existing trees and about the substantial cost to be borne by her family.
Ted Batty and Peter Bremner of the Engineering Department briefly explained the techniques used to minimize impact on trees.

Audrey Jung, 800-block West 17th Avenue, who registered in support of the project, did not speak.
Chris Powell, 600-block West 17th Avenue, spoke for the project. He commented on the noise, dust, flying gravel and parking problems currently characteristic of the street. He added that he was far from wealthy but that he did not find the anticipated costs to be a burden.
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Herbert,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 587/022
Betsy Yim, 1000-block West 64th Avenue, registered in favour of this pavement, curbs, trees and bulges project, but did not speak.
MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 587/023
Teresa Chow, 5700-block Cartier Street, registered in favour of the lane pavement project, but did not speak.
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Daniel Lee,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 588/016
Jean-Guy Trepanier, 1800-block East 11th Avenue, opposed this lane pavement project. Mr. Trepanier objected to anticipated increases in use of the lane by motorists and their excessive speeds. He drew the attention of Council to the fact that this project involves a long east-west lane and a shorter north-south lane. His property lies along the latter. He requested that the north-south lane be removed from the project.
In response to a question from Council, the Engineering Department representatives agreed
that the project could proceed with just the east-west lane.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Sullivan,
THAT the portion of the project dealing with the north-south lane be eliminated and that the portion of the project dealing with the east-west lane be approved.
- CARRIED UNANIMOUSLY
Project No. 588/017
Germaine Pittet, 800-block West 17th Avenue, spoke against this lane pavement project. She reviewed the history of a number of attempts to bring this project about by petition, all of which failed because of great difficulties in getting absentee owners to sign anything. She strongly objected to the change in rules arising from the initiative process, which puts the task of obtaining absentee signatures on opponents of the project. She argued that those who are proponents of any project should always bear the onus of obtaining a majority of signatures. Ms. Pittet also questioned allocation of costs, pointing out that the 15 residence owners will each have no more access to the paved lane than each of the 85 strata unit owners and that, therefore, each of the 100 property owners along the lane should pay the same amount.
Anton Eberle, 800-block, West 17th Avenue, also spoke against the project. He noted that after three rejections, the costs of this project have substantially increased but that his income has not. He supported the idea that responsibility for finding signatures of support be entirely on the proponents of any such project.
Colin Shrubb, 800-block West 17th Avenue, spoke against the project. He considered the initiative process to be unfair and he expressed concerns about increased car speeds and negative environmental effects. He questioned the cost-effectiveness of paving a lane that is currently used by relatively few cars
Michael Klassen, 800-block West 16th Avenue, spoke in support of the project. He described the lane as the only unpaved one in the neighbourhood and the source of dust, sand and dirt for its surroundings. .
Elizabeth Norris reported that an additional negative vote had been received, making a total 27, still well below the 51 required to defeat the project.
There was discussion regarding the value of properties owned by opponents of the project. The Engineering staff members advised Council that the Vancouver Charter requires "a sufficient number of notices of objection to a project shall be deemed to be filed if at least one-half in number of the then assessed owners (50%+1), representing at least more than one-half of the value (50%+1) according to the last assessment role." This means both requirements must be met.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Sullivan,
THAT this project be approved.
- CARRIED
(Cllr. Don Lee Opposed)
Project No. 588/018
Sammy Chan, 700-block West 17th Avenue, opposed the lane pavement project. He referred to the arguments made by opponents of the previous against the initiative process. Mr. Chan particularly objected to the practice of taking a non-vote as an approval.
Elizabeth Norris informed Council that another vote in opposition had been received, making a total of two.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Puil,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 588/029
Giuseppe Di Ginosa, 5500-block Gladstone Street, spoke against this pedestrian collector sidewalk project. He expressed concerns over the work being done only on one side of the street and the potential for dirt and garbage accumulating as a result.
The Mayor requested Engineering staff to consider doing the other side of the street in the near future.
MOVED by Cllr. Puil,
SECONDED by Cllr. Daniel Lee,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 589/001
George Cadman, representing the Downtown B.I.A., spoke in support of the Granville Mall decorative street tree lighting project. He noted that the existing system is 25 years old and
has been subject to vandalism.
Jeremy Bator, representing Famous Players theatres, also appeared in support of the project.
MOVED by Cllr. Puil,
SECONDED by Cllr. Herbert,
THAT this project be approved.
- CARRIED UNANIMOUSLY
Project No. 589/004
Fay Qoon Mohr, speaking on behalf of the owner, James Kwan, 200-block East 14th Avenue, spoke against this sidewalk and street work project.
It was noted that it was the recommendation of the Engineering Department that this project be withdrawn.
Council then considered the Administrative Report dated November 12, 1998.
MOVED by Cllr. Clarke,
SECONDED by Cllr. Daniel Lee,
THAT Recommendations A and B of the General Manager of Engineering Services, as contained in the Administrative Report dated November 12, 1998, and quoted below, be approved, taking into account the specific actions taken this day:
A.THAT the projects "by petition" in Court #587 be approved.
B.THAT projects by "Initiative Principle" in Court #588 and Court #589 be approved except for the defeated items and special item #4 and #44 as explained in this report.
- CARRIED UNANIMOUSLY
The Council adjourned at 9:02 p.m.
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