CITY OF VANCOUVER

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

MARCH 11, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, March 11, 1999, at 3:23 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:	Deputy Mayor Sam Sullivan Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil
ABSENT:	Mayor Philip Owen (Leave of Absence) Councillor Nancy A. Chiavario (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COUNCIL:	Nancy Largent

COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
March 11, 1998

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

Cl.1: Warning to Prospective Purchasers

- 1245 East 62nd Avenue

Cl.2: Gastown Steam Clock Proposed Improvements

and Increased Maintenance

Cl.3: Yaletown Truck Routes
Cl.4: Regulating Business Hours in the Downtown Eastside,

Chinatown, Gastown, Strathcona and Victory Square

Clauses 1, 3 and 4

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clauses 1, 3 and 4 of this report, be approved.

- CARRIED UNANIMOUSLY

Clause 2

MOVED by Cllr. Clarke,

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

- CARRIED

(Councillor Puil opposed)

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. Don Lee,

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

- CARRIED UNANIMOUSLY

The Council adjourned at 3:25 p.m.

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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

MARCH 11, 1999

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, March 11, 1999, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	Councillor Jennifer Clarke, Chair Councillor Don Bellamy Councillor Alan Herbert Councillor Lynne Kennedy *Councillor Daniel Lee (Items 2-4) Councillor Don Lee *Councillor Gordon Price (Items 2-4) Councillor George Puil *Councillor Sam Sullivan (Items 2-4)
ABSENT:	Mayor Philip Owen (Leave of Absence) Councillor Nancy A. Chiavario (Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CLERK TO THE COMMITTEE:	Nancy Largent

RECOMMENDATION

1. Warning to Prospective Purchasers

- 1245 East 62nd Avenue File: 2701-1

The Committee had before it an Administrative Report dated February 22, 1999 (on file), in which the City Building Inspector recommended that a 336D Notice be filed against the Certificate of Title to the property at 1245 East 62nd Avenue to warn prospective purchasers that the building contravenes City By-laws. It was also recommended that the Director of Legal Services commence injunctive proceedings to obtain compliance.

The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.

Peter Sweeney, Manager of Building Inspection, gave a brief introduction.

The Chair ascertained that no representative of the property owner wished to speak.

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

RECOMMENDED

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1245 East 62nd Avenue (Lot 16, Blocks 9, 12 & 13, Plan 3534, District Lot 200), in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services be instructed to commence injunctiveproceedings to obtain compliance with City By-laws at this address.

- CARRIED UNANIMOUSLY

(Councillors Daniel Lee, Price and Sullivan
not present for the vote)

2. Gastown Steam Clock Proposed Improvements

and Increased Maintenance File: 8311

The Committee had before it an Administrative Report dated February 25, 1999 (on file), in which the General Manager of Engineering Services submitted for Council's consideration a request from the Gastown Business Improvement Society for matching City funds to improve the Gastown Steam Clock and enhance the level of maintenance. The General Manager recommended an increase in basic clock maintenance.

Dave Rudberg, General Manager of Engineering Services, briefly reviewed the improvements proposed by the Gastown Business Improvement Society, as well as current and proposed levels of maintenance.

Merv Robertson, Structures Branch, responded to questions regarding the steam clock's performance.

Leanore Sali, Gastown Business Improvement Society, described the steam clock's uniqueness and value as a tourist attraction.

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

RECOMMENDED

A. THAT the City agree to the Gastown Business Improvement Society’s proposal to cost-share 50/50 in the cost of the proposed improvements (City share to be $9,000) and 50/50 in the cost of the enhanced maintenance (City share to be $3,000 per year) of the Gastown Steam Clock.

B. THAT the City enter into a Gastown Steam Clock maintenance Agreement with the Gastown Business Improvement Society for the 50/50 cost-sharing and the Director of Legal Services in consultation with the General Manager of Engineering Services prepare and execute the Agreement on behalf of the City.

- CARRIED

(Councillor Puil opposed)

3. Yaletown Truck Routes File: 5555

Before discussion began on this item, Councillor Price declared that he was in Conflict of Interest, because he resides on one of the affected streets. Councillor Price then left the meeting at 2:16 p.m.

The Committee had before it an Administrative Report dated February 23, 1999 (on file), in which the General Manager of Engineering Services sought Council's approval for the removal of Yaletown from the Downtown Truck Area and for the removal of the truck route designation from all streets in the Yaletown area. Some truck route issues were identified for review in the forthcoming Downtown Transportation Study.

Renate Ehm, Transportation Engineer, reviewed the report and rationale for deleting Yaletown streets as truck routes, citing the changing property uses in the area.

Sam Campbell, area resident, supported the recommendations, but requested that the area's parking regulations be modified to avoid potential obstacles to emergency vehicles.

Dave Rudberg, General Manager of Engineering Services, clarified that the issue raised by Mr. Campbell is an enforcement problem rather than a regulatory problem.
The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council authorize the Director of Legal Services to amend the Street and Traffic Bylaw No. 2849 to redefine the boundaries of the Downtown Truck Area to exclude Yaletown, as shown in Figure 1 of the Administrative Report dated February 23, 1999.

B. THAT Council authorize the Director of Legal Services to amend the Street and Traffic Bylaw No. 2849 to delete Mainland, Hamilton, Homer, Richards, Seymour, Helmcken, Drake, and Davie Streets, in the Yaletown area, from the truck route network, as shown in Figure 2 of the Administrative Report dated February 23, 1999.

- CARRIED UNANIMOUSLY

(Councillor Price not present for the vote)

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Councillor Price returned to the meeting at 2:25 p.m., after the foregoing vote was taken.

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4. Regulating Business Hours in the Downtown Eastside,

Chinatown, Gastown, Strathcona and Victory Square File: 2501

The Committee had before it a Policy Report dated February 22, 1999 (on file), in which the General Manager of Community Services recommended that a by-law be prepared to regulate the hours of operation of several classes of businesses which have had or may have direct or indirect negative impacts in the Downtown Eastside and surrounding communities.

Paul Teichroeb, Chief License Inspector, and Staff Sergeant Doug Mackay-Dunn, Vancouver Police, reviewed the report and rationale for the recommendations, as well as the public process undertaken. Council's authority to regulate business hours of the foregoing classes of business was clarified, with reference to the Order in Council approved by the Province on February 3, 1999.

Council heard comments from the following speakers:

Sam Campbell
Myson Effa
Ian MacRae, Downtown Eastside Residents Association
Lindi Hain, Club Vancouver
Leonore Sali, Gastown Business Improvement Society
Mohammed Anjum, Danoli Convenience Store

Following are some of the comments made:

· the proposed by-law will provide a useful tool for dealing with the problems caused by the drug trade, but should no be construed as a total solution;
· additional detox and treatment resources are sorely needed to help users get off drugs;
· measures must be taken to ensure that the problems are not displaced to other areas;
· the public process was not sufficiently inclusive;
· the City should make use of its other regulatory powers and not resort to such a draconian measure;
· businesses may have perfectly legitimate reasons for conducting business between the hours of 2:00 a.m. to 6:00 a.m.;
· area residents would prefer the 1:00 a.m. closing time originally proposed;
· there should be adequate Police resources in the affected areas to ensure the safety of businesses when there are no employees on the premises,
· it was hoped these regulations would be temporary rather than permanent.

Mr. Teichroeb and Staff Sergeant Mackay-Dunn responded to the foregoing comments and provided clarification on a number of the issues raised.

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

RECOMMENDED

A. THAT the shaded area of the map in Appendix A of the Policy Report dated February 22, 1999 be designated as a Business Premises Regulation Area.

B. THAT the following classes of business in the Business Premises Regulation Area, shown in Appendix A of the Policy Report dated February 22, 1999, be required to be closed between the hours of 2:00 a.m. and 6:00 a.m.:

Bottle Depots; Cheque Cashing Centres; Fitness Centres; Hairdressing Salons; Laundries; Limited Service Food Establishments; Business Premises of Pawnbrokers; Postal Rental Agencies; Restaurants, including Class 1 and Class 2 Restaurants; Business Premises of Retail Dealers, including Retail Dealers - Food; Business Premises of Social Escort Services; Business Premises of Second Hand Dealers; Tanning/Skin Care Salons; and Theatres.

C. THAT the Director of Legal Services be instructed to prepare a by-law to implement A and B above.

- CARRIED UNANIMOUSLY

The committee adjourned at 3:23 p.m.

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(c) 1998 City of Vancouver