P&E Actions - January 7, 1999

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

ACTIONS

DATE: Thursday, January 7, 1999

TIME: 2:00 p.m.

PLACE: Committee Room No. 1

Third Floor, City Hall

ADOPTION OF MINUTES

The minutes of the meeting of December 3, 1998, were adopted.

At its meeting immediately after the Standing Committee on Planning and Environment meeting of January 7, 1999, Vancouver City Council approved the following recommendations of the Committee.

1. (a) Business Improvement Area (BIA) Program File # 8300

THAT the Administrative Report dated December 3, 1998 be received for information.

- CARRIED UNANIMOUSLY

(b) Approval of Council Initiative - BIA Expansions
and Renewals File # 8300

A. THAT Council approve the commencement of a "Council Initiative" to re-establish (renew) the Gastown BIA for a third 5 year term, and that the City notify property owners and tenants in the area of the proposed BIA renewal and levy, and that the renewal be forwarded to a hearing of the Court of Revision.

B1. THAT Council approve the commencement of a "Council Initiative" to re-establish (renew) the Mt. Pleasant BIA for a third term, for a period of ten years, and that the City notify property owners and tenants in the area of the proposed BIA renewal and levy.

B2. THAT, should Council approve Recommendation B1, Council forward as part of the Council Initiative, the application of the Mt. Pleasant BIA to expand its boundaries as indicated in Appendix B, to a hearing of the Court of Revision, and that the City notify the expansion area property owners and tenants of the proposed BIA expansion and levy.

C1. THAT Council forward, as a "Council Initiative", the application of the Kerrisdale BIA to expand its boundaries as indicated in Appendix D, and that the City notify the expansion area property owners and tenants of the proposed BIA expansion and levy.

C2. THAT, should Council approve Recommendation C1, Council forward as part of the Council Initiative, the application of the Kerrisdale BIA to increase its 5-year funding ceiling to $823,000, to a hearing of the Court of Revision, and that the City notify the property owners and tenants in the existing BIA of the proposed BIA levy increase.

- CARRIED UNANIMOUSLY

2. Proposed Amendment to Subdivision By-law No. 5208 -

Site Reclassification at 5154 and 5160 Ruby Street File # 5307/113

THAT Council refuse the application to reclassify the properties at 5154 and 5160 Ruby Street from Category `B' to Category `A' of Schedule A, Table 1, of Subdivision By-law No. 5208.

- CARRIED

3. Proposed Encroachment of a Pedestrian Bridge over

Cordova Street, for the Woodward's Redevelopment File # 5807

A. THAT Council support the construction of a pedestrian bridge over Cordova Street, westerly of Abbott Street, linking the residential structure on the southerly side of Cordova Street (the "Woodward's Building") with the parking structure (the "Parkade") on the northerly side of Cordova Street (see Appendix "A" & "B"), subject to the following conditions:

1) The registration of an Encroachment Agreement against the titles to both the Woodward's Building and the Parkade containing thefollowing terms:

a) The annual fee to be in accordance with those charged for agreements made pursuant to the Encroachment By-law, in accordance with the recommendation of the Manager of Real Estate Services;

b) The annual fee to be charged to the owner of the Woodward's Building;

c) The agreement may be cancelled by the City, upon one year's prior written notice and only with the approval of Council, and if the area is required for municipal purposes, provided such purposes cannot be satisfied without removal of the bridge;

d) The owner of the Woodward's Building to indemnify the City, for any liability resulting from the presence of the bridge and to be responsible for all costs of future removal of the bridge and any and all repairs to the structures on both sides of Cordova Street required as a result of removal of and/or repair to the bridge;

e) The agreement to be to the satisfaction of the Director of Legal Services and to contain such other terms and conditions as reasonably required by the General Manager of Engineering Services and the Manager of Real Estate Services;

f) No legal right or obligation shall be created hereby and none shall arise hereafter, until the documents are executed.

2) The construction of the bridge to be to the satisfaction of the General Manager of Engineering Services, including, without limiting the generality of the foregoing, its size, location and height above the grade of Cordova Street.

B. THAT Council authorize the General Manager of Engineering Services, the Manager of Real Estate Services, and the Director of Legal Services to negotiate and enter into agreements on behalf of the City (in favour of the owners of the Woodward's Building) that allows access over the Parkade on the north side of Cordova Street to construct, inspect, maintain, repair or remove the pedestrian bridge. The agreements will address both the bridgeconnection and modifications to the Parkade, and may contain an easement for access, a Section 219 Covenant, indemnity provisions an equitable charge and such other provisions as the Director of Legal Services considers necessary.

- CARRIED

4. Woodward's Redevelopment Encroaching Elements onto Cordova Street,

Abbott Street and Hastings Street and Related Fee Matters File # 5807

A. THAT the annual fees for use of any volumetric easements to contain the encroaching elements from the "Woodward's Building" (see Appendix "E") onto Cordova Street, Abbott Street and Hastings Street are to be in accordance with those charged for in an agreement prepared pursuant the Encroachment By-law.

B. THAT the annual fees for the use of "a tunnel under and across Cordova Street, west of Abbott Street occupying a total of 1518 square feet" (the "Tunnel") be forgiven for the years 1996, 1997, 1998, and 1999 (a total of $16,846.00), subject to the following conditions:

1. That the tunnel be decommissioned (filled and sealed), to the satisfaction of the General Manager of Engineering Services prior to November 30th, 2000. If the work is not completed by November 30th, 2000, all fees for 1996, 1997, 1998 and 1999 shall be deemed due and payable by the owner of the Woodward's Building;

2. All costs for the decommissioning of the tunnel and repairs to the street are to be the responsibility of Fama Holdings Limited ("Fama");

3. Registration of a release, to the satisfaction of the Director of Legal Services, of registered Easements BJ 381025 to BJ 381030, inclusive (the "Loading Easement"), from the title to City-owned:

I) 003-144-224 The West 25 feet of Lot 11, Block 5, Old Granville Townsite, Plan 168;

ii) 003-144-305 Lot 11, Except the West 25 feet, Block 5, Old Granville Townsite, Plan 168;

iii) 003-144-330 Lot 12, Block 5, Old Granville Townsite,Plan 168

iv) 003-135-667 Lot 13, Block 5, Old Granville Townsite, Plan 168;

v) 003-144-429 Lot 14, Block 5, Old Granville Townsite, Plan 168;

vi) 003-144-712 Lot 15, Except Parcels A, B & C (Reference Plan 515 and 516), Block 5, Old Granville Townsite, Plan 168; and

4. Execution by Fama of a release of all the City's obligations to Fama contained in the Loading Easement and in an agreement between Fama and the City, dated November 27, 1995, entitled the "Loading Area Agreement".

C. THAT the annual fees for "cavities under the sidewalk and lane being situated on the south side of Cordova Street, the west side of Abbott Street, the north side of Hastings Street and in the lane running south from Cordova Street, having a total area of 6693 square feet "(the "Areaways"),be forgiven for the years 1996, 1997, 1998 and 1999 (a total of $78, 961.00), subject to the following conditions:

1. That the Areaways be decommissioned (excavated to 4 feet below grade, filled and sealed) to the satisfaction of the General Manager of Engineering Services prior to November 30th, 2000. If the work is not completed by November 30th, 2000, all fees for 1996, 1997, 1998 and 1999 shall be deemed due and payable by Fama;

2. All costs for the decommissioning of the Areaways and for repairs and replacement of the sidewalks are to be the responsibility of Fama.

D. THAT all annual rentals and/or annual fees for "a pedestrian overpass and merchandising area over Cordova Street", comprising an area of approximately 9,460 square feet (the "Overpass") be forgiven for the years 1996, 1997 and 1998 (a total of $84,094.00), subject to the following conditions:

1. Removal of the Overpass, with all costs to the account of Fama, to the satisfaction of the General Manager of Engineering Services; and

2. Completion of repairs to the City-owned lands on the north side of Cordova Street (the "Parkade", see Appendix "E"), to which the Overpass connects or payment in lieu to the satisfaction of the General Manager of Engineering Services, the Manager of Real Estate Services and the Director of Legal Services.

E. THAT:

1. Registered charge B 2872 (for the Tunnel) be released from all titles for lands owned by Fama and the City over which it is registered, upon satisfaction of Conditions B1 to B4;

2. Registered Charge 552716M (for the Areaways) be released from all titles for lands owned by Fama over which it is registered, upon satisfaction of conditions C1 and C2; and

3. Registered Charge 564873M (for the Overpass) be released from all titles for lands owned by Fama and the City over which it is registered, upon satisfaction of Conditions D1 and D2.

- CARRIED UNANIMOUSLY

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A Regular Council meeting was convened immediately following the Standing Committee meeting.

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REGULAR COUNCIL MEETING

REPORTS OF COMMITTEES

I. Standing Committee of Council

on Planning and Environment
January 7, 1999

Vancouver City Council approved the recommendations of the Committee set out in its report dated January 7, 1999.

OTHER BUSINESS

No other business was raised.

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