CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

JULY 6 and 8, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, July 6, 1999, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

The Council reconvened at 4:30 p.m. on Thursday, July 8, 1999, in Committee Room No.1, Third Floor, City Hall, with all members present except Councillors Clarke and Puil.

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

ABSENT: Councillor Jennifer Clarke (Sick Leave - July 8)

Councillor George Puil (July 8)

CITY MANAGER'S
OFFICE: Judy Rogers, City Manager

CLERK TO THE
COUNCIL: Ulli S. Watkiss, City Clerk

*Denotes presence during part of the meeting

PRAYER

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

ANNOUNCEMENT

Mayor Owen advised that, sadly, former Councillor Warnett Kennedy had passed away on July 2, 1999. The Mayor recalled the contributions of Mr. Kennedy during his years on Council and extended condolences to his family. It was unanimously agreed that a letter of sympathy be sent to his wife, Joan, on behalf of Council.

"IN CAMERA" MEETING

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

ITEMS ARISING FROM "IN CAMERA" MEETING OF JUNE 22, 1999

Extension of Insurance Brokerage Services

Council appointed J&H Marsh & McLennan as the City's broker of record for insurance for a further two years, at which time a tender process will be undertaken.

Community Amenity Contribution: 4500 Oak Street, (Children's & Women's Health Care Centre)
MOVED by Cllr. Bellamy,

THAT the proposed conditions of approval for the CD-1 text amendment for 4500 Oak Street (Children's & Women's Health Care Centre) include the following condition:

- as a Community Amenity Contribution, the owner enter into an agreement with the City, to the satisfaction of the Director of Current Planning, the Director of Social Planning and the Director of Legal Services for the owner to do the following, prior to occupancy of the first building in Phase 3, or at a time thereafter as agreed to by the City Manager:

- provide, fully fit out and operate a child day care facility of a type, size and standard and under conditions satisfactory to the Director of Social Planning; or
- provide an alternative public amenity of a type, size and under conditions acceptable to City Council; or
- contribute to the City a cash amount of $1,444,911.

- CARRIED UNANIMOUSLY

ADOPTION OF MINUTES

1. Special Council Meeting

(Blossom Escort Agency - 2228 Kingsway)
June 15, 1999

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price ,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting

(City Services & Budgets)
June 17, 1999

MOVED by Cllr. Puil,
SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

3. Regular Council Meeting

(Planning & Environment)
June 17, 1999

MOVED by Cllr. Clarke,
SECONDED by Cllr. Daniel Lee,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

4. Regular Council Meeting

(Transportation & Traffic)
June 22, 1999

MOVED by Cllr. Price,
SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

ADOPTION OF MINUTES (CONT'D)

5. Regular Council Meeting

(with the exception of the `In Camera' portion)
June 22, 1999

MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

6. Special Council Meeting

(Public Hearing)
March 30/April 12/April 26/May 4/June 21

MOVED by Cllr. Sullivan,
SECONDED by Cllr. Chiavario,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

7. Special Council Meeting

(Court of Revision)
June 22, 1999

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

8. Special Council Meeting

(Public Hearing)
June 24, 1999

MOVED by Cllr. Clarke,
SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Chiavario,

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

- CARRIED UNANIMOUSLY

REPORT REFERENCE

1. Priorities for the 2000-2002 Capital Plan File: 1611/RTS: 861

Council was provided with a report reference on the project priorities identified by staff for the 2000-2002 Capital Plan as outlined in the Administrative Report dated June 30, 1999. A summary of the recommendations and process for developing the capital plan was presented by Brent MacGregor, Deputy City Manager. Tait Kisby, MarkTrend Research, presented the results of the Public Opinion Survey, which was conducted to gauge public priorities for capital expenditure.

It was noted that a process for public information and consultation was also proposed including holding a public meeting on September 14, 1999 prior to Council concluding its decision making on the Capital Plan on September 21, 1999.

MOVED by Cllr. Bellamy,
A. THAT Council receive the recommendations of the Corporate Management Team and Staff Review Group for the 2000 - 2002 Capital Plan and that the plan be circulated to the public for comment in advance of a public meeting on September 14, 1999 and final adoption on September 21, 1999.

B. THAT Council instruct the Corporate Management Team to report back on a strategic process for planning integrated municipal services, including the development of joint-use facilities.

- CARRIED UNANIMOUSLY

REPORT REFERENCE (CONT'D)

2. The Motion Picture Industry in Vancouver and the

City of Vancouver Film Office File: 4201/RTS: 826

Brent MacGregor, Deputy City Manager, provided a Report Reference to Council on the status of the motion picture film industry in Vancouver and recommended changes to the organization of the City's Film Office to reflect the current needs of the community and the industry, as outlined in the Administrative Report dated June 23, 1999.

Peter Mitchell, Director, B.C. Film Commission, presented a short video on the film industry in Vancouver which has experienced a tremendous growth rate over the past 10 years. He endorsed the contents of the staff report and urged Council to approve the recommendations.

MOVED by Cllr. Clarke,
A. THAT one Engineering Assistant III, two Engineering Assistant II, and one Clerk II, regular full time positions be created in the Filming and Special Events section of Engineering Services, and that temporary positions in this area be discontinued, as described in this report.

B. THAT these positions be funded from a new film application fee of $50 and the film schedule fee of $100.

C. THAT office equipment, estimated at $6,500 be purchased for the Film Office including a computer, desk, and copier, to be funded from filming fees.

D. THAT a vehicle for the use of Film Office staff be purchased, at a cost of $16,000 from the Plant Account, to be repaid from filming fees.

- CARRIED UNANIMOUSLY

(Councillor Bellamy absent for the vote)

UNFINISHED BUSINESS

1. Rezoning: 4470 West 8th Avenue (Sasamat Gardens) File: 1401-4

At the reconvened Public Hearing on June 21, 1999, Council concluded the hearing of the public and referred a decision on this matter to the Regular Council meeting of July 6, 1999. It was noted that final comments of the applicant and staff would be heard at that time.

Council had before it copies of the Public Hearing Agenda of March 30, 1999, a memorandum from the Director of Legal Services dated March 30, 1999, and a memorandum from the Director of Current Planning dated July 6, 1999, summarizing various built form and lane options for Council's reference.

Councillors Bellamy, Chiavario, Kennedy and Price were not eligible to vote on this application and left the room during the discussion.

Applicant's Final Comments

Alec Caruth (brief filed), speaking on behalf of the applicant, reviewed points raised by the delegations during the course of the Public Hearing, noting that a majority of speakers were in favour, and offering a refutation of points raised in opposition. The applicant is still in agreement with all but four of the conditions recommended by civic staff. However, Council was requested to exclude conditions b(i), b(ii), b(iv) and b(vii)

.

Fred O'Hagan, Home Investments Ltd., reviewed the history of his family's ownership of the property, establishment of the Trust, and financial considerations. If approved, Home Investments Ltd. will seek the Court's approval to proceed.

Staff Final Comments

Larry Beasley, Director of Current Planning, noted the options set out in his July 6, 1999 memorandum and provided a rationale for approving the application in principle The issues have been well-covered, and will be resolved by the conditions recommended by staff. In Mr. Beasley's opinion, this rezoning would not be likely to create a precedent, nor does the CD-1 by-law provide sufficient flexibility to greatly alter the development without submission of another rezoning application. It was noted that City Council must still approve the Form of Development, which will be brought forward after another public process.

UNFINISHED BUSINESS (CONT'D)

Rezoning: 4470 West 8th Avenue (Sasamat Gardens)(cont'd)

Tom Phipps, Planner, reviewed potential amendments to the Conditions of Approval (as set out in the aforementioned July 6, 1999 memorandum), depending upon which lane alignment Council may wish to approve. Potential amendments sought by the applicant regarding the height and size of some buildings were also reviewed. Mr. Phipps also reviewed the history of CD-1 rezonings, and discussed the impact of the proposed scale of development.

Mike Thomson, Assistant City Surveyor, reviewed the potential lane alignments from the perspective of accommodating utilities.

Mr. Beasley and Mr. Phipps responded to questions about lane design, neighbourhood response to lane options, implications re scale and location, heights, and the cost of ramping for lane alignment option V.

MOVED by Cllr. Puil,

THAT the application be refused.

- LOST

(Councillors Clarke, Herbert, Daniel Lee, Don Lee,
Sullivan and the Mayor opposed)

MOVED by Cllr. Sullivan,

THAT the application be approved with the lane option of an east-west corridor in the form of an easement or statutory right of way for access, utilities, garbage collection and pedestrians (referenced as selection W in the memorandum of the Co-Director of Planning dated July 6, 1999), subject to the conditions set out in the Agenda of the Public Hearing, including approval of:

b (i);
option b (ii) 1;
option c (i) 2, part 2.

- amended

UNFINISHED BUSINESS (CONT'D)

Rezoning: 4470 West 8th Avenue (Sasamat Gardens)(cont'd)

AMENDMENT MOVED by Cllr. Don Lee,

THAT the application be approved with the central garden configuration and no cross-site lane or easement (referenced as selection V in the memorandum of the Co-Director of Planning dated July 6, 1999), and that the conditions be amended accordingly as follows:

substitute option b (ii) 2 for option b (ii) 1;
delete condition c (i) 2.

- CARRIED

(Councillors Puil and Sullivan opposed)

MOTION AS AMENDED

THAT the application be approved with the central garden configuration and no form of cross-site lane or easement (referenced as selection V in the memorandum of the Co-Director of Planning dated July 6, 1999), subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Roger Hughes + Partners, Architects, and stamped "Received City Planning Department, October 13, 1998", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) deletion of the lane connection to 8th Avenue;

(ii) provision of vehicular access along an east-west alignment from Sasamat Street stopping at approximately the point of an underground entry from Sasamat Street and, if desired, with a secondary underground entry from the existing lane a minimum of 10 m from the east property line and serving no more than 10 parking spaces;

(iii) relocation of garbage collection facilities away from adjacent houses to points on the east-west lane alignment closer to Sasamat Street than to the east end of the site;

UNFINISHED BUSINESS (CONT'D)

Rezoning: 4470 West 8th Avenue (Sasamat Gardens)(cont'd)

(iv) reduction in height of the two mid-block buildings along Sasamat to a maximum of 7.6 m (25 ft.) and no more than 1.5 storeys facing Sasamat Street;

(v) increased variety in building massing, including roof forms and building composition along West 8th and 9th Avenues, to achieve better integration with the surrounding `grain' of development;

(vi) provision of a view analysis to demonstrate that there will be no increased view impact from building elements greater than 9.2 m (30 ft.) in height;

(vii) reduce size of 4-unit Multiple Dwellings to a maximum of 3-units, with a maximum floor area of 5,000 sq. ft. in each Multiple Dwelling;

(viii) design development of the two family dwelling on West 9th Avenue adjacent to existing single family dwelling to emphasize its single family scale and character, and a maximum height of 2 storeys;

(ix) reconfiguration of proposed interior 4-unit Multiple Dwelling on lane alignment as 2 Two-family Dwellings, having front doors oriented towards the Avenues to provide direct street access and minimize overlook toward homes east of the site, with 2-storey maximum height; a minimum 10 m (33 ft.) setback from the east property line; and a comfortable separation between the structures along the lane alignment, or a further 5 m setback of the second structure from the east property line;

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

- break and enter by reducing the permeability for cutting through private areas of the site. The semi-private open space can remain visible with the use of low open fencing and gating;
- theft in the underground by securing parking areas and by ensuring perimeter exit stairs minimize exposure to the streets. Parking garage walls ceiling and utility pipes to be painted white;

UNFINISHED BUSINESS (CONT'D)

Rezoning: 4470 West 8th Avenue (Sasamat Gardens)(cont'd)

(xi) design development to reduce opportunities for graffiti (Note: Opportunities for graffiti can be mitigated by reducing areas of exposed wall, covering these walls with vines, hedges or latticework or by using protective covering material);

(xii) to achieve early maturing landscaping, plant materials other than ground covers should conform to the following minimum sizes:

· coniferous trees: 4 m minimum height
· deciduous trees: 8 cm minimum caliper
· shrubs: 3 to 5 gallon sizes

(xiii) at least two elevators must be shown in locations convenient to units suitable to seniors;

(xiv) design development to the 8 units proposed as available for seniors housing to make access (exterior and interior) and livability suitable for elderly people;

(Washroom size and layout is particularly important, and should allow manoeuvring space for a person using a walker and/or a home support worker to safely assist the person bathing.)

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall:

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services [including notice by the registered owner to the Public Trustee of the proposed dedications or the proposed statutory right of way referred to below and evidence to the satisfaction of the Director of Legal Services that the dedications or the statutory right of way are not contrary to any Court Orders in B.C. Supreme Court action no. A940325 (Vancouver Registry)] for the following:

1. Dedication of the south 33 ft. of the site for road and construction thereof;

2. deleted

UNFINISHED BUSINESS (CONT'D)

Rezoning: 4470 West 8th Avenue (Sasamat Gardens)(cont'd)

3. Upgrading of the City water system to serve this development.

4. deleted

5. Curb, gutter and pavement to centre line on north side of 9th Avenue and east side of Sasamat Street adjacent the site. (South side of 8th Avenue was deleted);

6. Sidewalk on the south side of 8th Avenue and the north side of 9th Avenue, adjacent the site;

7. Replacement of the existing non-standard sidewalk with a standard 5 foot-wide sidewalk on the east side of Sasamat adjacent the site;

8. Street lighting on the north side of 9th Avenue adjacent the site;

9. Street trees adjacent the site where space permits; and

10. Undergrounding of all telephone and hydro services from the closest existing suitable service point.

(ii) Execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of their property.

AND THAT the Director of Legal Services be instructed to prepare and bring forward the necessary by-laws.

- CARRIED

(Councillor Puil opposed)
(Councillors Bellamy, Kennedy, Chiavario and Price not eligible to vote)

_ _ _ _ _

Councillors Bellamy, Kennedy and Price returned
to the Chamber at this point in the proceedings.
_ _ _ _ _

UNFINISHED BUSINESS (CONT'D)

2. I-3 (High Technology) Rezoning File: 1401-6

Councillors Chiavario, Herbert, Puil and Sullivan were not eligible to vote on this item. Councillor Chiavario had departed at the commencement of the previous item; Councillor Sullivan left the Chamber at the commencement of this item. Councillors Herbert and Puil remained in the audience, but took no part in the discussion or vote.

MOVED by Cllr. Clarke,
A. THAT By-law No. 3575 be amended to create a new I-3 High Technology District Schedule by inserting after the I-2 District Schedule, the I-3 District Schedule, as set out in Schedule A of the draft I-3 District Schedule by-law posted at the Public Hearing dated April 13, 1999.

B. THAT Sections 2 and 9 of By-law No. 3575 be amended as follows to establish a definition for "Information Technology" and related amendments:

2. Section 2 of By-law No. 3575 is amended

(a) by inserting as the next entry after the definition for "Housekeeping Unit" the following:

"Information Technology means the development or production of computer software, and the design or research of computer, electrical, electronic or communications equipment, and similar products;"

(b) in the use definitions commencing with the words "Office Uses" by deleting the definition for "General Office" and substituting the following:

"General Office, which means the use of premises for any office use, including information technology and desktop publishing, but does not include Financial Institution or Health Care Office;"

(c) in the use definitions commencing with the words "Service Uses" by deleting the definition for "Laboratory" and substituting the following:

UNFINISHED BUSINESS (CONT'D)

I-3 (High Technology) Rezoning (cont'd)

"Laboratory, which means the use of premises not providing service directly to the public for the provision of analytical, research, or testing services, including biotechnologies and energy and environmental technologies, but does not include Photofinishing or Photography Laboratory;"

3. Section 9 is amended in the column headed by the word "Industrial" by inserting as the next entry after the symbol "I-2" the following:

"I-3".

C. THAT the Parking By-law 6059 be amended as follows to establish different parking standards for the Bentall site (2950 East Broadway) and the remainder of the I-3 area:

4.2.6.4

The following uses in the I-3 District: manufacturing, office; laboratory; production or rehearsal studio; utility and communication; transportation and storage; wholesale; and work shop

A minimum of one space for each 57.5 square metres of gross floor area, and a maximum of one space for each 42 square metres of gross floor area, except on the Bentall site, 2950 East Broadway, where the maximum is one space for each 37 square metres of gross floor area".

AND THAT the following Sections of the Parking By-law 6059 be amended as follows:

· in section 4.2.5.7 in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"
· in section 4.2.6.1, in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"
· in section 4.2.6.2, in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"
· in section 4.2.6.3, in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"

UNFINISHED BUSINESS (CONT'D)

I-3 (High Technology) Rezoning (cont'd)

D. THAT the Sign By-law 6510 be amended as follows to include the I-3 District Schedule:

1. By-law No. 6510 is amended in section 9.2 in the paragraph commencing with the words "Commercial and Industrial Areas" by deleting the words "I-1 and I-2" and substituting the following:

"I-1, I-2 and I-3".

2. Schedule B to By-law No. 6510 is amended in section 1.0 (d) (i) by deleting the words "I-2 and DD" and substituting the following:

"I-2, I-3 and DD".

E. THAT the Director of Legal Services bring forward for enactment amendments to the Subdivision By-law to apply the regulations pertaining to the I-2 District to the I-3 District.

F. THAT the Director of Legal Services bring forward for enactment amendments to the Noise Control By-law to include the I-3 District.

G. THAT Council approve rezoning the Bentall site at 2950 East Broadway to I-3 and accept the applicant's proposed benefit package as outlined in a letter from Bentall dated July 2, 1999 with the key contributions being:

· a left turn bay and signal at Broadway and Nootka Street;
· upgrading of the water and sewer systems which will serve additional development on the site;
· construction of a realigned Hebb Avenue at the west end of the site (Renfrew Street) to achieve a normalized Hebb/Renfrew intersection;
· construction of a left-turn lane on Renfrew Street at Hebb Avenue;
· contribution of 50 percent of the cost of providing a signalized crossing at Hebb Avenue; and
· provision for public right-of-ways and the maintenance/policing commitment for a terraced garden open space at the northwest corner of the site, the east-west access road, and a plaza to be located in the southwest corner of the site to link with the SkyTrain station; and

UNFINISHED BUSINESS (CONT'D)

I-3 (High Technology) Rezoning (cont'd)

· dedication of a portion of the site for widening of Hebb Avenue consisting of a 5 foot strip along the south side of Parcel B and the granting of a further 9 foot service easement to allow a total street corridor of 54 feet;

AND THAT there be further discussion on the width of the right-of-way on the westerly portion of Hebb Avenue east of Renfrew Street to facilitate cars turning, movement of SkyTrain and other pedestrians, and pick-up and drop-off of passengers;

AND THAT the agreement documents related to the benefit package be drafted, executed, administered, and registered in accordance with the following:

1. The documents are to be drawn to the satisfaction of and executed on behalf of the City by the City's Director of Legal Services prior to the enactment of the I-3 Rezoning By-law;

2. Where the Director of Legal Services deems appropriate, the documents are to be drawn, not only as personal covenant of the property owner, but also as covenants pursuant to Section 219 of the Land Title Act;

3. The documents are to be registered in the appropriate Land Title Office, with priority over any other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, prior to enactment of the I-3 Rezoning By-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the documents for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the By-law; and

4. The documents shall provide security to the City including indemnities, warranties, equitable charges, letters of credit, and withholding of permits, as deemed necessary by, and in a form satisfactory to, the Director of Legal Services.

UNFINISHED BUSINESS (CONT'D)

I-3 (High Technology) Rezoning (cont'd)

H. THAT Bentall Development Services be responsible for submitting an application to amend Schedule C of the Zoning and Development By-law to address their requirement for a reduced setback on the Broadway frontage if they wish to proceed.

I. THAT the areas of False Creek shown on maps 1, 2, and 3 posted at the Public Hearing, with the exception of the following properties, be rezoned to I-3:

City Owned sites to be removed as follows:

Lot E DL 196&2037 Plan 13449 Map 1 of 3
Lot F DL 196&2037 Plan 13449 Map 1 of 3
Lot 8 DL 181 196 &2037 Plan 6780 Map 1 of 3
Lot 26&27 Block 105 DL196&2037 Plan 196 Map 1 of 3

Other Sites not to be included in the rezoning:

Costco Site: 1660 Station Street (per letter from Costco Wholesale dated May 6, 1999)
· PCL H Rem PL Ref PL 1341 DL 2037
· PCL 2 PCL H DL 2037 PL 7729
· Lot 2 of H Plan 7729 DL 2037 LD 36
· Lot 3 W 50 ft, E Hlf of Lot 3 & Rem Lot 4 of H DL2037 Plan 7729 Except Plan 18236

J. THAT, in response to concerns by operators of uses under the I-2 District Schedule and recognizing that the area approved for I-3 zoning in False Creek Flats will be in transition for a number of years, Council wishes to advise the Development Permit Board and the Director of Planning to give favourable consideration to those uses which were outright in I-2, and converted to conditional uses under I-3, unless it can be demonstrated that the proposed use would have a serious, direct, and lasting negative impact on achieving the long-term goals of the I-3 area.

K. THAT the Director of Legal Services, in consultation with the Co-Directors of Planning, prepare the wording for, and request an amendment to, the Vancouver Charter to make it possible to create a new District Zoning Schedule without the requirement to, at the same time, identify a location to apply the new District Schedule.

UNFINISHED BUSINESS (CONT'D)

I-3 (High Technology) Rezoning (cont'd)

L. THAT the Director of Legal Services be instructed to prepare and bring forward the necessary by-laws.

- carried

AMENDMENT MOVED by Cllr. Price,

THAT the foregoing perking standard for the I-3 District Schedule be amended to 2.21 spaces per each one thousand square metres of gross floor area.

- LOST

(Councillors Bellamy, Clarke, Daniel Lee, Don Lee and the Mayor opposed)

The motion to amend having lost, the motion by Councillor Clarke was put and CARRIED, with Councillor Price opposed.

(Councillors Chiavario, Herbert, Puil and Sullivan not eligible to vote)

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. Don Lee,
SECONDED by Cllr. Price,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. Zoning & Development Fee By-law - Amendment to Schedule 2

By-law No. 8040

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Bellamy,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

(Councillors Chiavario and Sullivan absent for the vote)

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Bellamy,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

(Councillors Chiavario and Sullivan absent for the vote)

BY-LAWS (CONT'D)

2. Parking By-law (Waiver and Payment-in-Lieu: 1190 Homer Street)

By-law No. 8041

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Daniel Lee,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

(Councillors Chiavario and Sullivan absent for the vote)

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Daniel Lee,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

(Councillors Chiavario and Sullivan absent for the vote)

MOTIONS

A. Closing of volumetric portions of the lane northerly of Hastings Street,

westerly from Howe Street

THIS MOTION WAS WITHDRAWN AND WILL BE RE-SUBMITTED TO A FUTURE COUNCIL MEETING

- - - - -

The Council recessed at 6:35 p.m., and reconvened "In Camera"
in the Mayor's Office. As there was insufficient time to conclude
today's agenda Council agreed to reconvene on Thursday, July 8, 1999,
immediately following the meeting of the
Standing Committee on Planning and Environment
which commences at 2:00 p.m.
- - - - -

- - - - -

The Council reconvened at 4:30 p.m. on Thursday,
July 8, 1999, in Committee Room No.1, with all members
present except Councillors Clarke and Puil.

- - - - -

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Sullivan,

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

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS

1. 101 West Hastings Street

Extension of Building Permit No. BU404718 File: 2606/RTS: 814
June 17, 1999

MOVED by Cllr. Bellamy,

THAT City Council approve a further extension of Building Permit No. BU404718 until January 10, 2000.

- CARRIED UNANIMOUSLY

2. 1316 West 11th Avenue -

Extension of Combined Development and
Building Permit No. DB406652 and
Building Permit No. BU407995
June 18, 1999 File: 2605/RTS: 816

MOVED by Cllr. Herbert,

THAT City Council approve extensions of Combined Development and Building Permit No. DB406652 (demolition) and Building Permit No. BU407995 (new construction) until March 16, 2000.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT'D)

3. Contract Extension - Contract No. 57-97-07

Supply and Delivery of Reinforced Concrete Pipe,
Manhole Sections and Tops
June 4, 1999 File: 1805/RTS: 782

MOVED by Cllr. Kennedy,

THAT Council approve the extension of the contract to Ocean Construction Supplies limited for the supply and delivery of reinforced concrete pipe, manhole sections and tops, as, if, and when required, for an additional 12-month period, at an annual estimated cost of $782,870 plus the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Sales Tax, where applicable.

- CARRIED UNANIMOUSLY

4. Lease Renewal - 272 East 4th Avenue;

City of Vancouver Artist Residency Award Studio
June 16, 1999 File: 1203/RTS: 794

MOVED by Cllr. Chiavario,

THAT Council approve a renewal of a three-year lease of the bonused artist live/work studio at 303- 272 East 4th Avenue to the Contemporary Art Gallery at a nominal rent ($1) and no taxes, on substantially the same terms and conditions of the previous lease; the lease to be renewable for two further three-year terms under substantially the same terms and conditions, to the satisfaction of the Director, Office of Cultural Affairs and the Managers of Real Estate and the Housing Centre.

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

5. Strata Title Conversion:

1965-1971 West 15th Avenue
June 17, 1999 File: 5311/RTS: 673

MOVED by Cllr. Herbert,

THAT the application to convert the previously-occupied buildings at 1965-1969 West 15th Avenue and 1971 West 15th Avenue (Lot 17, Block 446, D.L. 526, Plan 2983) to strata title ownership be approved.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT'D)

6. Ray-Cam Community Association -

Childcare Capital Grant
June 22, 1999 File: 2401/RTS: 803

MOVED by Cllr. Chiavario,

THAT Council approve a capital grant of $80,000 to Ray-Cam Community Centre to assist with the costs of a second floor addition which will include 20 spaces of licensed child-minding/preschool. Source of funds: the unallocated childcare portable purchase funds held over from the 1991 - 1993 Capital Plan.

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

7. 1999 Childcare Grants Allocation -

Report 1 of 3
June 18, 1999 File: 2401/RTS: 8904

MOVED by Cllr. Kennedy,

A. THAT Council approve 10 City-wide Childcare Support Service grants totalling $248,825 as listed in this report. Source of funds: 1999 Childcare Grants Funds, 1999 Operating Budget.

B. THAT Council approve one Administration of City-owned Childcare Facilities grant of $64,100 to the Vancouver Society of Children's Centres. Source of funds: 1999 Childcare Grants Funds, 1999 Operating Budget.

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

ADMINISTRATIVE REPORTS (CONT'D)

8. Award of Tender No. PS99025 -

Supply and Delivery of Copper Water Tube
June 21, 1999 File: 1805/RTS: 825

MOVED by Cllr. Sullivan,

THAT Council accept the low bid from International Plastics Ltd. for the supply and delivery of copper water tube as, if, and when required for a 36-month period from the date of the purchase order, with the option to extend the contract for one or two 12-month period(s), at an estimated cost of $504,612 for the 36-month period plus the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Sales Tax, subject to a contract satisfactory to the Director of Legal Services.

- CARRIED UNANIMOUSLY

9. Consultant Services -

Clark Drive & First Avenue
June 21, 1999 File: 1375/RTS: 761

MOVED by Cllr. Don Lee,

A. THAT SNC-Lavalin be hired to carry out the work detailed in this report at a total cost of $90,000, with funding provided from Streets Capital Account 10004154.

B. THAT the Director of Legal Services execute the required Professional Services Agreement on behalf of the City.

- CARRIED UNANIMOUSLY

10. Raised School Crosswalk - Laurel at 24th

June 15, 1999 File: 5702/RTS: 811

MOVED by Cllr. Bellamy,

A. A. THAT a raised crosswalk be constructed on a trial basis on Laurel Street at 24th Avenue at a total cost of $5,000 funded from Streets Basic Capital Unappropriated Account 30000326 (Traffic Calming).

B. THAT $120 for maintenance of the trial raised crosswalk be approved as an increase to the annual Operating Budget, without offset, should the raised crosswalk become permanent.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS (CONT'D)

11. Reorganization of Traffic and Electrical Operations Branches

June 18, 1999 File: 1375/RTS: 823

As a delegation request was received, this item was withdrawn and referred to a future Standing Committee meeting.

12. Form of Development -

3200 East 54th Avenue (Champlain Mall)
June 10, 1999 File: 2605/RTS: 748

This item was referred to a Special Council Meeting on July 20, 1999, 7:30 p.m., at the Champlain Heights Recreation Centre, 3350 Maquinna Drive, for the hearing of speakers.

13. Gaming Policy Agreement

June 29, 1999 File: 2633/RTS: 839

MOVED by Cllr. Sullivan,

THAT Council receive this report for information.

- CARRIED UNANIMOUSLY

Councillor Kennedy advised that the UBCM Gaming Committee would be meeting the following week, and asked Council members to advise her of any outstanding issues which should be raised in that forum. The issue of federal jurisdiction over land use on First Nations lands was suggested as a topic of discussion.

POLICY REPORTS

1. Public Involvement Review (PIR) -

Implementation Phase Update
June 22, 1999 File: 1011/RTS: 588

Jacquie Forbes-Roberts, Acting General Manager of Community Services, and Michael White, Public Involvement Review Coordinator, gave a brief presentation on initiatives to improve public involvement which are planned or underway. Specific departmental processes as well as corporate processes are under review. Ms. Forbes-Roberts responded to questions regarding the Public Hearing Process and the multicultural outreach strategy.

MOVED by Cllr. Sullivan,

THAT Council receive this report for information.

- CARRIED UNANIMOUSLY

2. Interim City-wide Development Cost Levy By-law:

Boundary and Allocation
June 29, 1999 File: 1755/RTS: 513

Ann McAfee, Director of City Plans, commented on this report in the context of financing growth, described the review process, and noted future reports will be submitted to Council. Dr. McAfee also responded to questions regarding the standard for parks.

MOVED by Cllr. Bellamy,
A. THAT the area shown in Figure 1 be established as the City-wide Development Cost Levy (DCL) District, with excluded areas as follows:

(i) the seven existing DCL areas, and

(ii) the eight ODP/CD-1/policy areas with public benefit strategies already in place; and

FURTHER THAT the exclusion of ODP, CD-1 and policy areas noted in Figure 1 be limited to the build-out of these areas, based on approved plans, policies and guidelines, after which time staff will report back with an amended by-law which makes and redevelopment following build-out subject to the City-wide DCL.

POLICY REPORTS (CONT'D)

Interim City-wide Development Cost Levy By-law:
Boundary and Allocation (cont'd)

B. THAT the interim allocation of levy proceeds be based on the pattern of capital costs in existing DCL areas, pending completion of the Financing Growth Review, as follows:

(i) 54% for park acquisition and development;
(ii) 33% for replacement housing;
(iii) 11% for daycare facilities; and
(iv) 2% for infrastructure (streets, water, sewage, drainage).

C. THAT proceeds from the interim City-wide DCL not be assigned to specific capital projects pending completion of the Financing Growth Review, except in those cases where Council approves a comprehensive benefit package where City-wide DCL proceeds are specifically committed.

D. THAT renovations to an existing building not involving additional floor space be exempt from the interim City-wide DCL, as per the Vancouver Charter, and Appendix A of the policy Report dated June 29, 1999, be adopted as a summary of the Council-approved policies, Charter requirements for exemptions and procedures that guide administration of DCLs city wide.

- CARRIED UNANIMOUSLY

OTHER REPORTS

I. Report to Council

Vancouver Liquor Licensing Commission
June 17, 1999

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

Cl. 1: Seating Capacity Increase Amendments to Existing Liquor Licenses

Cl. 2: 860 Denman Street - Denman Station Cabaret: Increase in Seating Capacity

Cl. 3: 911 Denman Street - Mohammed Kashani: Restaurant Class 2
Cl. 4: 331-341 West Pender Street - Mark James; Class `C' Cabaret and Class `D' Neighbourhood Pub
Cl. 5: 1236 West Broadway - The Big Bam Boo Cabaret
Cl. 6: Gilligan's Cabaret Ltd. - 952 Granville Street
Cl. 7: Provincial Liquor Policy Review
Cl. 8: Referendum Review

Seating Capacity Increase Amendments to Existing Liquor Licenses
Clause 1 File: 2611/RTS: 740

MOVED by Cllr. Kennedy,

THAT Clause 1 of the Vancouver Liquor Licensing Commission Report be received for information.

- CARRIED UNANIMOUSLY

860 Denman Street - Denman Station Cabaret File: 2614-14/RTS: 664
Increase in Seating Capacity
Clause 2

The Committee had before it a memorandum from the Deputy City Manager dated July 8, 1999, suggesting that Council may wish not to endorse the Hawes Enterprises Ltd. Application at this time, pending clarification of new provincial liquor regulations expected to be dealt with at the July sitting of the legislature. These regulations may enable licensed establishments to increase their fire capacity and subsequently their seating capacity up to the fire capacity without being required to follow the normal approvals procedure. The Deputy City Manager also recommended that a Good Neighbour Agreement be required.

OTHER REPORTS (CONT'D)

Report to Council
Vancouver Liquor Licensing Commission
June 17, 1999 (cont'd)

860 Denman Street - Denman Station Cabaret
Increase in Seating Capacity (cont'd)

With respect to the seating increase, Council felt it would be sufficient in this instance to stipulate that its decision regarding the Denman Station Cabaret does not constitute a precedent, and that any changes in seating be based upon the original 82 seat capacity.

MOVED by Cllr. Kennedy,
A. THAT Council endorse the request by Hawes Enterprises Ltd., for an increase in seating capacity to 149 from 82 in the Class `C' Cabaret at Denman Station Cabaret, 860 Denman Street, until such time as the proposed changes to the provincial liquor regulations are in place.

B. THAT Council instruct the Chief License Inspector to authorize during the interim period, Special Event Licenses up to 140 seats for Friday and Saturday until the additional seating is approved by the Provincial Liquor Control and Licensing Branch.

C. THAT Hawes Enterprises Ltd. be required to enter into a Good Neighbour Agreement with the City prior to any licence approval reflecting changes.

D. THAT Hawes Enterprises Ltd. enter into a legal agreement to confirm that this decision will not be a precedent, and that any future changes requested in seating, under Council policy or provincial regulations, be based upon the existing 82 seat capacity.

- CARRIED UNANIMOUSLY

* italics denote amendment

OTHER REPORTS (CONT'D)

Report to Council
Vancouver Liquor Licensing Commission
June 17, 1999 (cont'd)

911 Denman Street - Mohammad Kashani File: 2613-13/RTS: 669
Restaurant Class 2
Clause 3

MOVED by Cllr. Kennedy,

THAT Council defer decision on the request by Mohammad Kashani for a 150-seat Restaurant - Class 2 at 911 Denman Street pending a report from Environmental Health.

- CARRIED UNANIMOUSLY

331 - 341 West Pender Street - Mark James File: 2614-15/RTS: 569
Class 'C' Cabaret and Class 'D' Neighbourhood Pub
Clause 4

MOVED by Cllr. Kennedy,
A. THAT Council endorse the request by Mark James for a 350-seat Class `C' Cabaret at 337 West Pender Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to the following:

i) A Time-Limited Development Permit

ii) The signing of a Good Neighbour Agreement with the City before the issuance of a Business License.

iii) No exotic entertainment

B. THAT Council endorse the request by Mark James for a 65-seat Class `D' Neighbourhood Pub with adjoining Restaurant-Class 1 at 337 West Pender Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to the following:

i) A Time-Limited Development Permit

OTHER REPORTS (CONT'D)

Report to Council
Vancouver Liquor Licensing Commission
June 17, 1999 (cont'd)

331 - 341 West Pender Street - Mark James
Class 'C' Cabaret and Class 'D' Neighbourhood Pub (cont'd)

ii) The signing of a Good Neighbour Agreement with the City before the issuance of a Business License.

iii) No exotic entertainment

iv) A legal agreement providing for the permanent closure of the 100-seat cabaret doing business as Mr. T's to the satisfaction of the Chief License Inspector and the Director of Legal Services.

- CARRIED UNANIMOUSLY

The Big Bam Boo File: 2613-14
Clause 5

MOVED by Cllr. Kennedy,

THAT Clause 5 of the Vancouver Liquor Licensing Commission Report be received for information.

- CARRIED UNANIMOUSLY

Gilligan's Cabaret Ltd. - 952 Granville Street File: 2615-2
Clause 6

MOVED by Cllr. Kennedy,

THAT Clause 6 of the Vancouver Liquor Licensing Commission Report be received for information.

- CARRIED UNANIMOUSLY

OTHER REPORTS (CONT'D)

Report to Council
Vancouver Liquor Licensing Commission
June 17, 1999 (cont'd)

Provincial Liquor Review File: 2611-1
Clause 7

MOVED by Cllr. Kennedy,

THAT Clause 7 of the Vancouver Liquor Licensing Commission Report be received for information.

- CARRIED UNANIMOUSLY

Councillor Kennedy updated Council on issues arising at the first meeting of the Advisory Panel, and LCLB projects arising out of the review. The Councillor also noted Council has received a letter from the Vancouver Police Board dated June 28, 1999, advising Council of a resolution passed by the Board on June 23, 1999 regarding Rice Wine and its use in the Downtown Eastside. The Councillor requested Council consider formally endorsing this resolution.

The Mayor instructed that the Vancouver Police Board resolution regarding Rice Wine be brought forward for consideration at the Council meeting of July 20, 1999.

Referendum Review File: 2611
Clause 8

MOVED by Cllr. Kennedy,

THAT Clause 8 of the Vancouver Liquor Licensing Commission Report 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. Sullivan,

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

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Homeowner's Grants for Persons with Disabilities File: 4653/RTS: 896

Councillor Sullivan requested that staff investigate recent developments regarding the Homeowner's Grants for persons with disabilities, and provide Council with an information memorandum.

The Mayor so agreed.

2. Greater Vancouver Housing Corporation Vacancy Task Force File: 3201

Councillor Chiavario advised that the Greater Vancouver Housing Corporation Vacancy Task Force recently had a very productive meeting with the Acting Chief Constable regarding policing issues around SRO housing.

ENQUIRIES AND OTHER MATTERS (CONT'D)

3. Italian Cultural Center File: 4001/RTS: 897

Councillor Kennedy advised that the Italian Cultural Centre wishes to provide space for the Stratford Academy to take up residence at the Center in September. The Councillor requested that staff expedite the necessary measures in order to accommodate this timetable.

The Mayor so agreed.

The Council adjourned at 6:05 p.m.

* * * * *

(c) 1998 City of Vancouver