CITY OF VANCOUVER

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

JANUARY 7, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, January 7, 1999, at 4:15 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 Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COUNCIL:	Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Puil,
SECONDED by Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee
on Planning and Environment
January 7, 1998

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

Cl. 1: a) Business Improvement Area (BIA) Program

b) Approval of Council Initiative - BIA Expansions and Renewals

Cl. 2: Proposed Amendment to Subdivision By-law No, 5208 -

Site Reclassification at 5154 and 5160 Ruby Street

Cl. 3: Proposed Encroachment of a Pedestrian Bridge over Cordova

Street, for the Woodward's Redevelopment

Cl. 4: Woodward's Redevelopment Encroaching Elements onto Cordova

Street and Hastings Street and Related Fee Matters

Clause 1

MOVED by Cllr. Puil,

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

- CARRIED UNANIMOUSLY

Clause 2

MOVED by Cllr. Puil,

THAT the recommendation of the Committee, as contained in Clause 2 of this report, be approved.

- CARRIED

(Councillors Clarke and Price opposed)

Clause 3

MOVED by Cllr. Puil,

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

- CARRIED

(Councillors Chiavario, Herbert and Kennedy opposed)

COMMITTEE REPORTS (CONT'D)

Clause 4

MOVED by Cllr. Puil,

THAT the recommendations of the Committee, as contained in Clause 4 of this report, be approved.

- CARRIED

(Councillors Chiavario, Kennedy, Don Lee and
Price opposed to Recommendation A)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Puil,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Puil,
SECONDED by Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

The Council adjourned at 4:17 p.m.

* * * * *

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JANUARY 7, 1999

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, January 7, 1999, 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 Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COMMITTEE:	Nancy Largent

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of December 3, 1998, were adopted.

RECOMMENDATION

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

(b) Approval of Council Initiative -

BIA Expansions and Renewals File: 8300

Clauses 1 (a) and 1 (b) were dealt with and have been minuted concurrently.

The Committee had before it two Administrative reports, both dated December 18, 1998 (on file), in which the Director of City Plans:

(a) summarized recent Provincial changes to the Business Improvement Area (BIA) legislation , and advised Council of applications for BIA renewals, expansions and new BIAs;

(b) recommended Council initiatives for the renewal of the Gastown BIA, renewal and expansion of the Mount Pleasant BIA, and mid-term expansion of the Kerrisdale BIA.

The General Manager of Community Services submitted (a) for information and recommended approval of (b), as reflected in the recommendations of this report.

Peter Vaisbord, BIA Coordinator reviewed the reports, explained the changes to the legislation, and provided a rationale for the proposed Council initiatives.

Ann McAfee, Director of City Plans, responded to a question regarding Council's power to change boundaries at Court of Revision.

Ross Hill, Kerrisdale Business Association, supported the proposed mid-term expansion of the Kerrisdale BIA, citing instances of area support and anticipated benefits to the area and the city.

Clause No. 1 Continued

The following speakers supported the proposed renewal and expansion of the Mount Pleasant BIA, citing instances of area support and anticipated benefits to the area and the city:

Walter Bayley and Andrew Chapman, Mount Pleasant BIA
Joyce O'Brien, Allied Savings Credit Union
Don Low, DJ Estates Limited

Tom Blockberger, Broadway Printers, requested that his business, located at 115 and 125 East 8th Avenue (corner of 8th Avenue and Quebec Street) be omitted from the proposed expansion area, and explained why he felt his business would not benefit from inclusion in the BIA.

The Committee agreed the proposed expansions and renewals should be advanced to Court of Revision, noting that Council has discretion, in that forum, to alter boundaries should it so choose.

a) Business Improvement Area (BIA) Program

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

RECOMMENDED

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

- CARRIED UNANIMOUSLY

Clause No. 1 Continued

b) Approval of Council Initiative -

BIA Expansions and Renewals

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

RECOMMENDED

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 Mount. 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 theCourt 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

The Committee had before it an Administrative Report dated December 4, 1998 (on file), in which the Subdivision Approving Officer recommended that Council refuse a proposal to reclassify two properties at 5154 Ruby Street and 5160 Ruby Street from Category 'B' to Category 'A', for the purpose of subdivision into three parcels. The General Manager of Community Services also recommended refusal, as reflected in the recommendations of this report.

Alison Higginson, Subdivision and Strata Title Coordinator, reviewed the report and explained why staff recommended refusal.

Loy Leyland, Architect (applicant), and Barbara Cheong, property owner, requested that Council approve the requested reclassification and gave their rationale for doing so.

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

RECOMMENDED

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

* * *

Items 3 and 4 were dealt with concurrently, but have been minuted separately for ease of reference.

* * *

3. Proposed Encroachment of a Pedestrian Bridge over Cordova

Street, for the Woodward's Redevelopment File: 5807

The Committee had before it an Administrative Report dated November 30, 1998 (on file), in which the General Manager of Engineering Services, in consultation with the Manager of Real Estate Services and the Director of Legal Services, sought Council's authority to enter into an Encroachment Agreement for a new pedestrian bridge over Cordova Street, westerly of Abbott Street, with minor variations in standard procedure. The recommendations of the General Manager are generally those reflected in the recommendations of this report.

Brent MacGregor, Deputy City Engineer, explained the proposed agreement and rationale for recommending approval.

Terry Partington, Project Leader, Fama Woodwards Development Ltd., expressed support for the proposed agreement, but requested that the provision regarding cancellation of the agreement, should the area be required for municipal purposes, include the proviso that such purposes cannot be satisfied without the removal of the bridge. Council agreed to add this proviso (Recommendation A1(c) refers).

Some Council members questioned the necessity for proceeding to install a new pedestrian bridge after the former bridge was removed, as well as potential impact in terms of views or shadowing. However, it was noted that the new bridge was a condition of approval set by the Development Permit Board, and would be comparatively more transparent and provide secure access to the parkade for Woodward's building tenants and residents.

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

RECOMMENDED

A. THAT Council support the construction of a pedestrian bridge over Cordova Street, westerly of Abbott Street, linking the residentialstructure 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 Appendices A and B of the Administrative Report dated November 30, 1998), subject to the following conditions:

Clause No. 3 Continued

1) The registration of an Encroachment Agreement against the titles to both the Woodward's Building and the Parkade containing the following 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 GeneralManager 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.

Clause No. 3 Continued

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 bridge connection 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

(Councillors Chiavario, Herbert and Kennedy opposed)

4. Woodward's Redevelopment Encroaching Elements onto Cordova

Street and Hastings Street and Related Fee Matters File: 5807

The Committee had before it an Administrative Report dated December 1, 1998 (on file), in which the General Manager of Engineering Services, in consultation with the the Director of Legal Services and the Manager of Real Estate Services, sought:

· Council clarification that annual rentals for encroaching elements from the Woodward's Building are to be charged to the owner of the lands in accordance with the Encroachment By-law; and

Clause No. 4 Continued

· formal authorities to set aside annual fees and/or annual rentals for the Tunnel under Cordova Street, the Areaways around the Woodward's Building and the Overpass over Cordova Street, each generally to the date of the purchase of the lands by Fama on December 12, 1995.

Brent MacGregor, Deputy City Engineer, explained the rationale for annual rentals for encroaching elements, and reviewed the recommendations.

Terry Partington, Project Leader, Fama Woodwards Development Ltd., requested waiver of the annual fees for existing and new encroachments from the building.

Some Council members felt that Fama should not be required to pay for encroachments occupied by existing or renewed heritage features. However, it was noted there will be a report back on the fee amount, once determined in accordance with the Encroachment By-law, which Council may vary.

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

RECOMMENDED

A. THAT the annual fees for use of any volumetric easements to contain the encroaching elements from the "Woodward's Building" (see Appendix E of the Administrative Report dated December 1, 1998) onto Cordova Street, Abbott Street and Hastings Street are to be inaccordance 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:

Clause No. 4 Continued

1) That the tunnel be decommissioned (filled and sealed), to the satisfaction of the General Manager of Engineering Services prior to November 30, 2000. If the work is not completed by November 30, 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

Clause No. 4 Continued

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 30, 2000. If the work is not completed by November 30, 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

Clause No. 4 Continued

2) Completion of repairs to the City-owned lands on the north side of Cordova Street (the "Parkade", see Appendix E of the Administrative Report dated December 1, 1998), 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

(Councillors Chiavario, Kennedy, Don Lee and Price
opposed to Recommendation A)

The meeting adjourned at 4:15 p.m.

*****

(c) 1998 City of Vancouver