CITY OF VANCOUVER

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

DECEMBER 2, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 2, 1999, at 5:10 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 Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Jennifer Clarke (Leave of Absence) Councillor Lynne Kennedy (Leave of Absence) Councillor George Puil (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. Sullivan,

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
December 2, 1999

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

Cl.1: Nuisance Structure at 999 West 20th Avenue
Cl 2: Demolition of Nuisance/Dangerous Building

at 58 - 62 West Hastings Street

Cl.3: Demolition of Nuisance/Dangerous Building

at 2543 Fraser Street

Cl.4: Arrangements for the Pacific Racing Association

for the Racetrack at Hastings Park

Cl.5: 5750 Oak Street [Lubavitch Centre]:

Request to forego Amenity Contribution

Cl. 6: Regulations for Alcohol-Free Late Night Dance Events

Clauses 1 - 6, inclusive

MOVED by Cllr. Sullivan

THAT the recommendations of the Committee, as contained in Clauses 1, 2 and 4-6, inclusive, of the attached report, be approved, and that Clause 3 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. Chiavario,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend By-law No. 4450, being the License By-law

(Late Night Dance Parties) By-Law # 8138

MOVED by Cllr. Herbert,
SECONDED by Cllr. Chiavario,

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

- CARRIED UNANIMOUSLY

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. Herbert,
SECONDED by Cllr. Chiavario,

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

MOTIONS

A. Establishment of Land for Municipal Purposes

This motion was referred by Vancouver City Council on November 30, 1999, and staff were requested to provide more information. Tom Timm, Deputy City Engineer, gave a verbal report and distributed copies of a reference plan (on file).

Motion A continued

MOVED by Cllr. Bellamy,
SECONDED by Cllr Sullivan,

THAT WHEREAS the City of Vancouver wishes to establish as road the following land in the City of Vancouver, Province of British Columbia::

City of Vancouver
All that portion (the "Road Portion") of Parcel Identifier 009-317-619, Lot E, Block 43, District Lot 302, Plan 10977 being 64.4 m² more or less, the same as shown heavy outlined on a plan of survey (the "Reference Plan") completed on March 12, 1999 attested to by Fred Wong, B.C.L.S., and marginally numbered L^D3591, a print of which is attached hereto;

AND WHEREAS the City of Vancouver wishes to establish as lane the following land in the City of Vancouver, Province of British Columbia:

City of Vancouver

All that portion (the "Lane Portion") of Parcel Identifier 009-317-619, Lot E, Block 43, District Lot 302, Plan 10977 being 2.2 m² more or less, the same as shown heavy outlined on the Reference Plan;

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the Road Portion for road purposes and the Lane Portion for lane purposes;

BE IT RESOLVED that the Road Portion is hereby accepted and allocated for road purposes and the Lane Portion is hereby accepted and allocated for lane purposes and declared to form and to constitute a portion of a road and of a lane respectively.

- CARRIED

(Councillors Chiavario and Price opposed)

OTHER BUSINESS

1. Presentation

Councillor Chiavario presented Councillor Herbert with a framed photograph of an Elephantiasis Services dance performance, in acknowledgement of his interest in avant-garde entertainment.

2. Parking Fees during Special Events

Councillor Bellamy advised that during the recent Grey Cup event, Imperial Parkingraised its parking fees in the vicinity of the stadium to $15 for two hours.

Brent MacGregor, Deputy City Manager, advised that City parking lots do not raise fees during special events.

The Council adjourned sine die at 5:15 p.m.

- - - - -

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

DECEMBER 2, 1999

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

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

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment of October 7, October 21 and November 4, 1999, were adopted.

RECOMMENDATION

1. Nuisance Structure at 999 West 20th Avenue File # 2701-1

The Committee had before it an Administrative Report dated November 3, 1999 (on file), in which the City Building Inspector reported on the state of the hoarding around the vacant site at 999 West 20th Avenue, and recommended Council declare the hoarding a

nuisance and require its replacement with a chain-link fence. It was also recommended that a 336D Notice be filed against the Certificate of Title to the property to warn prospective purchasers of potential expense.

Peter Sweeney, Manager, Building Inspection, reviewed the condition of the site and the history of previous orders related to it.

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

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

RECOMMENDED

A. THAT Council declare that the hoarding around the vacant site at 999 West 20th Avenue (Lot 36 Block 556 District Lot 472 Plan 1571) is a nuisance pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated November 3, 1999 and order the Registered owners of the property to remove the hoarding and replace it with a chain-link fence around the perimeter of the site within 14 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owners to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the existing hoarding removed and replaced with a chain-link fence around the perimeter of the site at the expense of the owner.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 999 West 20th Avenue in order to warn prospective purchasers that as a result of Council’s Resolution, the purchaser could suffer significant expense if the order of Council were enforced against him.

- CARRIED UNANIMOUSLY

2. Demolition of Nuisance/Dangerous Building

at 58 - 62 West Hastings Street File # 2701-1

The Committee had before it an Administrative Report dated November 3, 1999 (on file), in which the City Building Inspector reported on the condition of a vacant commercial building at 58 - 62 West Hastings Street, and recommended that Council declare the building dangerous and order it to be demolished. It was also recommended that a 336D Notice be filed against the Certificate of Title to the property to warn prospective purchasers of Council's resolution.

Peter Sweeney, Manager, Building Inspection, reviewed the dangerous condition of the building and the history of previous orders related to it.

Michael Chung, representative of the owner, believed the building is secure, and opposed the demolition order because of costs.

Al Delorea, Save On Meats, felt the building is dangerous to the public and detrimental to the neighbourhood, and supported the demolition.

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

RECOMMENDED

A. THAT Council declare that the building at 58 - 62 West Hastings Street (Lots 7, 8 & 9 Block 29 District Lot 541 Plan 210) is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter

B. THAT Council approve the Resolution attached to the Administrative Report dated October 20, 1999 and order the Registered owner of the property to demolish the building and remove all demolition debris from the site within 14 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter

C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the building demolished and have all demolition debris removed at the expense of the owner

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 58 - 62 West Hastings Street in order to warn prospective purchasers that as a result of the condition of the building and Council’s Resolution, the purchaser could suffer significant expense if the order of Council were enforced against him.

- CARRIED UNANIMOUSLY

INFORMATION

3. Demolition of Nuisance/Dangerous Building

at 2543 Fraser Street File # 2701-1

The Committee was advised that at the City Building Inspector's request, this item was rescheduled for the December 16, 1999 Planning and Environment Committee meeting. The owner has recently retained a lawyer who was unable to attend today's meeting.

RECOMMENDATION

4. Arrangements for the Pacific Racing Association

for the Racetrack at Hastings Park File # 8009

The Committee had before it an Administrative Report dated October 26, 1999 (on file), in which the Director of Current Planning, in consultation with the General Manager of Parks and Recreation, recommended arrangements for the Pacific Racing Association's continued use and responsibility for the Racetrack on Hastings Park.

Larry Beasley, Director of Current Planning, reviewed the terms of the pending agreement and rationale for approval.

Tony Hepburn, Pacific Racing Association, described changes in the racing industry and economic contributions of the racetrack, and advised the Association agrees to the proposed terms. Mr. Hepburn also referenced inequities in the Provincial Government betting tax.

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

RECOMMENDED

THAT Council approve the preparation between the City and the Pacific Racing Association of an Operating Agreement for the Racetrack operations at Hastings Park and a Lease for the Racetrack Grandstand building, on terms and conditions as generally outlined in the Administrative Report dated October 26, 1999, and all to be finalized to the satisfaction of the City Manager and the Director of Legal Services in consultation with the Director of Current Planning and the General Manager of Parks and Recreation;

AND FURTHER THAT the City Manager be authorized to sign such Operating Agreement and Lease with the Pacific Racing Association.

- CARRIED UNANIMOUSLY

5. 5750 Oak Street [Lubavitch Centre]:

Request to forego Amenity Contribution File # 1755

The Committee had before it a Policy Report dated November 16, 1999 (on file), in which the Director of Current Planning, in conjunction with the Managers of the Housing Centre and Real Estate Division and the Director of Social Planning, recommended that Council not support the Lubavitch Centre's request to eliminate requirements for the provision of a Development Cost Levy (DCL) and Community Amenity Contribution (CAC) for the site at 5750 Oak Street. A cash payment in lieu of the CAC would be supportable at full market value.

Larry Beasley, Director of Current Planning, advised there is no provision in the Vancouver Charter to exempt the residential part of the development from DCLs. If the BC Assessment Authority approves classification of the institutional portion as a non-profit use, the DCL will be reduced on that basis. Mr. Beasley also reviewed the rationale for retaining the existing CAC policy, including the potential of setting a precedent and the ramifications if the Oakridge Langara Policy Statement were disregarded.

Rabbi Yitzchak Wineberg, Lubavitch Centre, encouraged Council to change its policy for non-profit organizations. Funds required for a CAC could be used to create an endowment fund. Non-profit organizations are trying to make a difference in their communities. If they can become self-sustaining, it would be a substantial public benefit.

Rob Whitlock, Planner, and Bruce Maitland, Manager, Real Estate Services,responded to questions about the calculation of the CAC.

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

RECOMMENDED

THAT City Council confirm the rezoning requirement for 5750 Oak Street [Lubavitch Centre] established at a Public Hearing held on January 14, 1999, to provide a Community Amenity Contribution [CAC] in the form of four dwelling units to be given to the City, in accordance with conditions and agreements in place and offer the option for cash payment-in-lieu for this CAC at the units’ market value of $626,000.

- CARRIED UNANIMOUSLY

6. Regulations for Alcohol-Free Late Night Dance Events File # 2601

The Committee had before it a Policy Report dated November 10, 1999 (on file), in which the Chief License Inspector, in consultation with the Chief Constable and the Director of Legal Services, recommended the establishment of guidelines and regulations for Late Night Dance Events in the City of Vancouver.

Paul Teichroeb, Chief License Inspector, reviewed the proposed regulations and the advantages of regulating such events, as well as the public process followed. Promoters are generally supportive of the improved security which would result. Mr. Teichroeb answered questions about drug and alcohol control, hours, permissible numbers of attendees, fee structure, and turn-around time for applications.

The following speakers generally supported the proposed regulations, referencing improved safety, legitimization, response to a growing market, and viable entertainment alternatives for youth:

Mike Chase, Extra Terrestrial Productions
Salim Lakhani, Swing Kids Entertainment
Riel Roussopoulos, Undernet Services Ltd.

Dave Primack, High End Productions

Daniel Sabina, Masterplan Productions

The speakers also commented on:

· timing;
· marketing considerations such as ticket pre-sales;
· the need for smaller shows to remain financially viable;
· need for conditional approval to obtain a venue, and possible last-minute changes in venue;
· concerns regarding the authority of the Chief Constable to cancel events unilaterally; and
· possible industry representation in the permitting process.

Chester Le May, Go Productions, opposed the recommended regulations. It is possible to put on a late night dance event in Vancouver under the existing permit process. The proposed regulations are discriminatory, overly stringent, and give the Chief Constable authority to cancel an event without consultation.

Mr. Teichroeb responded to the comments made by the speakers, noting that a number of the suggestions and concerns will b followed up.

Brent MacGregor, Deputy City Manager, commented that the process will be very similar to that followed by the FEST Committee. It is necessary for the By-law to enable staff to cancel the event if requirements and conditions are not met.

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

RECOMMENDED

A. THAT the regulations for Late Night Dance Events as outlined in the Administrative Report dated November 10, 1999 be endorsed.

B. THAT the Director of Legal Services be requested to bring forward for enactment a by-law amending the License By-law generally in accordance with Appendix C of the Administrative Report dated November 10, 1999 .

C. THAT staff be requested to report back to Council`on the progress of this initiative, including any potential amendments to the regulatory process

- CARRIED UNANIMOUSLY

The by-law referenced in the foregoing Recommendation B was adopted at the City Council meeting immediately following this meeting.

The Committee adjourned at 5:10 p.m.
* * * * *

(c) 1998 City of Vancouver