Regular Council Minutes

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

MAY 30, 2000

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, May 30, 2000, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT: Mayor Philip Owen

Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Sandy McCormick
Councillor Gordon Price

+Councillor George Puil

ABSENT: Councillor Tim Louis (Leave of Absence)

Councillor Sam Sullivan (Leave of Absence)

CITY MANAGER'S
OFFICE: Judy Rogers, City Manager

CITY CLERK'S
OFFICE: Ulli S. Watkiss, City Clerk

Gail Johnson, Meeting Coordinator

+ Denotes presence for a portion of the meeting.

PRAYER

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

The Mayor welcomed grade 2 and 3 students from Blessed Sacrament School who were present for a portion of the meeting.

PRESENTATIONS

Rogers Impression Awards

… Catherine Clement, Director of Communications, introduced Vera Piccini, Vice President, Sales and Marketing, and Peter Davison, Acting Director, for Rogers Television, B.C., who presented the Rogers Impression Award. Ms. Piccini explained that all Rogers community television programs across Canada are considered for the Award, and the Greater.vancouver TV show was the winner in the category of best news magazine program.

The Mayor expressed appreciation for the Award, thanking Rogers for providing excellent coverage of the regular Council meetings. Noting that Liz Engel, former producer of the Council meetings and People and Policies shows, has been re-assigned to another show, Council members unanimously agreed to send a letter of thanks to her for the consistently high standards in producing the shows.

Downtown Street Car Donors

… Sheri Reed, Engineer, Greenways and Local Improvement, provided background on the Downtown Historic Railway, which has been in operation since 1998. The Mayor and Council then took pleasure in recognizing the following individuals and corporations that have supported the railway since its inception, by presenting a framed certificate and a bronze replica of a motorman key:

Robert Tribe, Executive Vice President, SNC Lavalin,
Gail Stewart, Vice President Customer Services, B.C. Hydro,
David Stumpo, Chief Executive Officer, Coast Mountain Bus Company
Bill Watson, President and Chief Executive Officer, Canada Place Corporation
Bill Bailey, and Norman Smith, Victoria Historical Transit Society
Randy Vannatter, Past President, Vancouver AM Tourism Association (not present)
John Eastman, President and Chief Executive Officer, NDLea Consultants Ltd.

In addition, volunteers of the Transit Museum Society, were acknowledged for their many hours of time and expertise offered to the railway.

"IN CAMERA" MEETING

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

THAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2 of the Vancouver Charter, to discuss matters related to paragraphs:

(h) litigation or potential litigation affecting the city

- CARRIED UNANIMOUSLY

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF MAY 16, 2000

… Prepayment of Residential Leaseholds - Southwest Shore of False Creek -Extension of this program

Council approved an extension of the right to prepay and modify the residential strata lot leases on the southwest shore of False Creek, for the Lessees of the remaining non-prepaid units in Vrs 419, 442, 466, 514, 551, 552, 588, 691 1112 and 1157 for an additional 18 months until December 31, 2001 at the current prepayment amounts, at which time the voluntary lease prepayment program cease.

ADOPTION OF MINUTES

1. Regular Council (City Services & Budgets) - May 4, 2000

MOVED by Cllr. Puil,
SECONDED by Cllr. McCormick,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

2. Regular Council (Planning & Environment) - May 4, 2000

MOVED by Cllr. Kennedy,
SECONDED by Cllr. McCormick,

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

3. Regular Council - May 16, 2000

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

Councillor Bass requested the City Clerk to prepare an information memo to Council on the procedure around postponement of a Notice of Motion. The Council so agreed.

4. Special Council (Public Hearing) - May 16, 2000

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

THAT the foregoing Minutes be approved.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS

1. Payment-in-Lieu of Parking Application: 1220 Homer Street

April 26, 2000File: 5655/RTS: 1467

Councillor Bass observed that the City is collecting approximately $13,500 per parking space for this application, yet on January 5, 2000, the Property Endowment Fund expended approximately $24,000 per parking space for a development on Pacific Avenue. The Councillor requested that staff provide a memo clarifying this discrepancy. The City Manager so agreed.

MOVED by Cllr. Clarke,

A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $54,000 by O'Connor Estates Ltd. for the waiver of 4 parking spaces required by Section 4.1.2 of the Parking By-law.

B. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

2. Payment-in-Lieu of Parking Application: 1226 Homer Street

May 1, 2000File: 5655/RTS: 1474

MOVED by Cllr. Kennedy,

A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $27,000 by O'Connor Estates Ltd. for the waiver of 2 parking spaces required by Section 4.1.2 of the Parking By-law.

B. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

3. Form of Development: 1680 Bayshore Drive

May 15, 2000File: 2604/RTS: 1488

MOVED by Cllr. Clarke,

THAT the form of development for this portion (Sub-Area 1) of the CD-1 zoned site known as 1601 West Georgia Street (1680 Bayshore Drive being the application address) be approved generally as illustrated in the Development Application Number DE404799, prepared by Downs/Archambault & Partners and stamped "Received, City Planning Department January 18, 2000", provided that the Director of Planning may approved design changes which would not adversely affect either the development character of this site or adjacent properties.

- CARRIED UNANIMOUSLY

4. Award of Tender No. PS99058: Supply of 90 HP Tractor Hoe Loaders

May 12, 2000File: 1805/RTS: 1485

MOVED by Cllr. Don Lee,

THAT Council accept the bid offering best value to the City from Parker PacificEquipment for four (4) Case model 590SL tractor hoe-loaders at a total cost of $427,392, plus the PST, the 7% GST (less any municipal rebate received) and the BC Environmental Levy, subject to a contract satisfactory to the Director of Legal Services.

- CARRIED UNANIMOUSLY

5. Tender No. 2000-04: Construction of Concrete Curbs and Gutters and Asphaltic Concrete Pavement on Sundry Streets

May 8, 2000File: 1805/RTS: 1481

MOVED by Cllr. Puil,

A. THAT Tender No. 2000-04 Construction of Concrete Curbs and Gutters, and Asphaltic Concrete Pavement on Sundry Streets be awarded to Imperial Paving Ltd., the low bidder, in the amount of $903,311.66 with funding provided as part of the Local Improvement Process.

B. THAT a Construction Services Agreement with Imperial Paving Ltd., for Contract No. 2000-04, Construction of Concrete Curbs and Gutters and Asphaltic Concrete Pavements on Sundry Streets be executed by the Director of Legal Services on the basis that no legal rights are hereby created and none shall arise until execution of an Agreement drawn to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.

- CARRIED UNANIMOUSLY

6. Form of Development: 1478 West Hastings Street

May 15, 2000File: 2606/RTS: 1489

MOVED by Cllr. Price,

THAT the form of development for this portion of the CD-1 zoned site known as 600 Nicola Street (1478 West Hastings Street) being the application address be approved generally as illustrated in the Development Application Number DE404727, prepared by Henriquez & Partners and stamped "Received, City Planning Department December 15, 1999", provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect either the development character of this site or adjacent properties.

- CARRIED UNANIMOUSLY

CITY MANAGER'S ADMINISTRATIVE REPORTS (CONT'D)

7. Business License Hearing Panels for June 2000

May 19, 2000File: 2711-1/RTS: 1476

MOVED by Cllr. Kennedy,

THAT Council delegate the holding of four business license hearings, presently scheduled for June, 2000, to panels of three Council Members, pursuant to Section 277.1 of the Vancouver Charter, as follows:

i. The business license hearing pursuant to Section 275 of the Vancouver Charter, regarding an application for a year 2000 business license by Marcus Kuettner, doing business as College and University Girls/College Girls, 504 -119 West Pender Street, Vancouver, British Columbia, and the power to make a Council decision in relation to that application, be delegated to:

Councillor Jennifer Clarke (Chair)
Councillor Daniel Lee
Councillor Sandy McCormick

Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the application be delegated to the remaining two Councillors and Councillor Gordon Price.

ii. The business license hearing pursuant to Section 277 of the Vancouver Charter, regarding an appeal of a suspension by the Chief License Inspector, of the year 2000 business license of The Funky Armadillo Cafe Ltd., doing business as "604" Restaurant, 2741 West 4th Avenue, Vancouver, British Columbia, and the power to make a Council decision in relation to that appeal, be delegated to:

Councillor Lynne Kennedy (Chair)
Councillor Daniel Lee
Councillor Tim Louis

Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the appeal be delegated to the remaining two Councillors and Councillor Sandy McCormick.

iii. The business license hearing pursuant to Section 277 of the VancouverCharter, regarding an appeal from a suspension by the Chief License Inspector of the year 2000 business license of Planet Detail Inc., doing business as Planet Detail, 1248 Seymour Street, Vancouver, British Columbia, and the power to make a Council decision in relation to that appeal, be delegated to:

Mayor Philip Owen (Chair)
Councillor Gordon Price
Councillor Sam Sullivan

iv. The business license hearing pursuant to Section 277 of the Vancouver Charter, regarding an appeal of a suspension by the Chief License Inspector, of the year 2000 business license issued to Kami Monavari, doing business as Food Place, 415 Abbott Street, Vancouver, British Columbia, and the power to make a Council decision in relation to that appeal, be delegated to:

Councillor Sam Sullivan (Chair)
Councillor Lynne Kennedy
Councillor Fred Bass

- CARRIED UNANIMOUSLY

CITY MANAGER'S POLICY REPORTS

1. Disclosure of Personal Information - BIA Program

May 12, 2000File: 8300/RTS: 1231

MOVED by Cllr. Bass,

THAT Council adopt the policy attached as Appendix B to the Policy Report dated May 12, 2000 with respect to the disclosure of property and business owner information related to the establishment and operation of Business Improvement Areas in the City of Vancouver.

- CARRIED UNANIMOUSLY

2. CD-1 Text Amendment for 1300 Marinaside Crescent

(Roundhouse Neighbourhood)

May 16, 2000File: 5306/RTS: 1498

MOVED by Cllr. Puil,

THAT the application by Pacific Place Developments Corp. to amend CD-1 By-law No. 7156 for 1300 Marinaside Crescent to permit an increase in height be referred to a Public Hearing, together with:

(i) draft amendments to CD-1 By-law Guidelines and the False Creek North Official Development Plan (FCN ODP) generally as contained in Appendix A to the Policy Report dated May 16, 2000; and

(ii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B to the Policy Report dated May 16, 2000;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing.

- CARRIED UNANIMOUSLY

3. CD-1 Text Amendment - 711 West Broadway (Holiday Inn)

May 16, 2000File: 5303/RTS: 1407

MOVED by Cllr. Bass,

THAT the application by Brook Development Planning Inc. to amend CD-1 By-law No. 7648 for 711 West Broadway (Lot A, Block 338, DL 526, Plan 11309), to permit an expansion of the existing hotel, along with the development of a multiple dwelling along West 8^th Avenue and a community amenity space, be referred to a Public Hearing, together with:

(i) plans received June 15, 1999;

(ii) draft CD-1 By-law amendments, generally as contained in Appendix A to the Policy Report dated May 16, 2000; and

(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B to the Policy Report dated May 16,2000;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing;

AND FURTHER THAT the Director of Legal Services prepare an amendment to the Noise Control By-law to include this CD-1 in Schedule B.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

4. CD-1 Rezoning - 4186 West 4th Ave/4125 West 8th Avenue and

3898 Antwerp Lane/3800 West 4th Avenue - Jericho Lands

May 29, 2000Files: 5303&5304-1/RTS: 1522

MOVED by Cllr. Clarke,

A. THAT the Director of Current Planning be instructed to make application to rezone Jericho Lands - 4186 West 4^th Avenue/4125 West 8^th Avenue (Block A, Except Part in Reference Plan 14457, D.L. 176, Plan 18336 and Block C, D.L. 176, Plan 19402) and 3898 Antwerp Lane/3800 West 4^th Avenue (Block B, Except Part in Reference Plan 5065, D.L. 176, Plan 7615) from RS-1 to CD-1, to permit the uses and regulations generally as permitted under the draft CD-1 By-law provisions and generally as contained in Appendix A of the Policy Report dated May 29, 2000; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing.

B. THAT, subject to approval of the rezoning at Public Hearing, the Subdivision By-law be amended to delete Jericho Lands (described in Recommendation A) from the maps forming part of Table 1 of Schedule A; and

FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Subdivision By-law at the time of enactment of the CD-1 By-law.

C. THAT staff be instructed, in response to existing CityPlan policy on rezonings, to advise prospective applicants that Council will consider rezoning applications for the Jericho Lands that fit within the objectives of CityPlan without having to wait for a Community Vision in West Point Grey.

D. THAT staff be instructed to report back on a comprehensive planning program that addresses the future development of the Jericho Lands and includes public consultation, a response to approved CityPlan Directions, and consideration of development at a floor space ratio of at least 0.60.

E. THAT the Subdivision By-Law be amended, with respect to a CD-1 Comprehensive Development District, to enable the Approving Officer to refuse a subdivision which is not consistent with the Council-approved form of development or where there is no Council-approved form of development; and

FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Subdivision By-law.

- CARRIED UNANIMOUSLY

OTHER REPORTS

I. Report to Council

Community/Industry Advisory Committee
For the Rezoning, Permitting, and Inspection Process

May 12, 2000File: 3151/RTS: 1487

MOVED by Cllr. Kennedy

THAT the fourth report of the Community/Industry Advisory Committee for the Rezoning, Permitting and Inspection Process dated May 12, 2000 be received for information.

- CARRIED UNANIMOUSLY

Councillor Bass circulated to Council, for information, a letter dated May 30, 2000 from Charlie Richmond, a former member of the Community/Industry Advisory Committee.

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

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. Clarke,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to Grant Monies for a Business Promotion Scheme in the Strathcona Business Improvement Area (Strathcona Area Merchants Society)

By-law No. 8201

MOVED by Cllr. Clarke,
SECONDED by Cllr. McCormick,

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. Clarke,
SECONDED by Cllr. McCormick,

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

2. A By-law to amend By-law No. 3575, being the Zoning and Development By-law (Impervious Site Coverage) By-law No. 8203

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

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. Don Lee,
SECONDED by Cllr. Price,

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

Councillor Clarke was excused from voting on By-law 2

3. A By-law to amend By-law No. 7232, being a By-law which amended the Zoning and Development By-law by rezoning an area to CD-1

(699 Cardero Street - Bayshore Gardens) By-law No. 8203

MOVED by Cllr. Don Lee
SECONDED by Cllr. Price

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. Don Lee,
SECONDED by Cllr. Price,

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

Councillor Clarke was excused from voting on By-law 3

MOTIONS

A. Lane Paving - lane south of 10th Avenue

from Commercial Drive to Victoria Drive File: 5809

MOVED by Cllr. Kennedy,
SECONDED by Cllr. McCormick,

WHEREAS a lane paving project in respect of a lane south of 10th Avenue from Commercial Drive to Victoria Drive (hereinafter called the "project") was advanced as a local improvement by petition to a Court of Revision on December 1, 1998 and was approved by Council on that date, to be paid for in part by special assessment upon the real property to be benefited thereby;

AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed;

AND WHEREAS on July 27, 1976, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, as follows:

"A. Council adopt a standing policy of giving special relief as follows with respect to lane paving local improvements where properties are used residentially but zoned for higher use:

1. the relief to be such that they pay only one-half of the rate for their zoning;

2. the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement;

3. the relief to be given on a year-to-year basis as long as the properties remain eligible;

4. the relief to commence with projects placed on the Tax Roll in 1977.

B. The Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy.";

AND WHEREAS on November 9, 1982, Council passed a further resolution supplementing the aforesaid policy as follows:

"That current special relief policies for local improvements remain in effect except that property owners rates not be adjusted lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows:

"THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.";

AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows:

"B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void.";

AND WHEREAS on August 2, 1990, Council passed a resolution extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects";

AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows:

"(a) THAT Council approve the additional special relief to owner-occupied multiple conversion dwellings having no more than four suites including the owner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983";

AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2014;

AND WHEREAS Lot 44 of A and B, Block 162, District Lot 264A, Plans 222 and1771 abuts the project and contains an owner-occupied single-family dwelling and Lot 21 of C and D, Block 162, District Lot 264A, Plans 1059 and 1771 abuts the project and contains an owner-occupied multiple conversion two-family dwelling (hereinafter called the "lots");

AND WHEREAS the owners of the lots have applied for special relief by way of a reduction in taxes;

AND WHEREAS the lots are zoned RM-4 (Multiple Dwelling District) under the Zoning and Development By-law;

AND WHEREAS the Collector of Taxes is satisfied that the lots are eligible, under the provisions of the resolutions of Council cited herein, for the relief requested;

AND WHEREAS a special annual assessment for the said project imposed on the lots for a period of fifteen (15) years if assessed as RM-4 (Multiple Residential District) would be $301.44 in the case of Lot 44 of A and B and $198.95 is the case of Lot 21 of C and D;

BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lots are especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 2000 and each subsequent year up to and including 2014 of $163.37 in the case of Lot 44 of A and B and $138.20 in the case of Lot 21 of C and D and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the Tax Rolls against the lots the amount of the reduced special assessment. The difference between the said amounts shall be provided out of the general funds of the City.

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

B. Pavement, Curbs and Trees -

McGill Street from Wall Street to Garden Drive File: 5808

MOVED by Cllr. Kennedy,
SECONDED by Cllr. McCormick,

WHEREAS a pavement, curbs and trees project on McGill Street from Wall Street to Garden Drive (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on February 3, 1998, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby;

AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed;

AND WHEREAS on June 17, 1975, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, as follows:

"A. Council adopt a standing policy of giving special relief in 1975 and subsequent tax years on local improvement charges to homes on flanking higher zoned lots:

1. so that they pay a rate according to their zoning but with a residential level of flankage relief;

2. that the relief be limited to owner-occupied single family dwellings, the ownership of which precedes the assessment of the local improvement charges;

3. that the relief apply to local improvement for pavements and curbs and for sidewalks;

4. that these properties need not be identified as requiring this special relief at the Court of Revision.

B. That the Collector of Taxes be instructed to bring forward, each year, a formal resolution for those properties eligible for relief.";

AND WHEREAS on July 22, 1980, Council passed a resolution which reads in part as follows:

"THAT Council approve Special Local Improvement Relief to underdeveloped properties which front on pavement and curb improvements as follows:

the relief to be such that the owners pay only seventy-five percent of the rate for their zoning;

the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement;

the relief to be given on a year-to-year basis so long as the properties remaineligible;

the relief to commence with ... projects placed on the Tax Roll in 1980 for the first time;

the Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy.";

AND WHEREAS on October 16, 1982, Council passed a resolution which reads as follows:

"THAT current policies for local improvements remain in effect except that property owners rates shall never be adjusted lower than residential rates.";

AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows:

AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows:

AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows:

AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2013;

AND WHEREAS Lot 1, Block 4, District Lot 184, Plan 178 (hereinafter called the "lot") abuts the project and contains an owner-occupied single family dwelling with flankage on McGill Street;

AND WHEREAS the owner of the lot has applied for special relief by way of a reduction in taxes;

AND WHEREAS the lot is zoned RM-3A (Multiple Dwelling District) under the Zoning and Development By-law;

AND WHEREAS the Collector of Taxes is satisfied that the lot is eligible, under the provisions of the resolutions of Council cited herein, for the relief requested;

AND WHEREAS a special annual assessment for the said project imposed on the lot for a period of fifteen (14) years if assessed as RM-3A (Multiple Residential) District would be $1,113.86;

BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lot is especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 2000 and each subsequent year up to and including 2013 of $556.93 and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lot remains eligible, to enter onto the Tax Rolls against the lot the amount of the reduced special assessment. The difference between the said amounts shall be provided out of the general funds of the City.

- CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

C. Pavement, Curbs and Trees -

Woodland Drive from 2nd Avenue to 3rd Avenue File: 5808

MOVED by Cllr. Kennedy,
SECONDED by Cllr. McCormick,

WHEREAS a pavement, curbs and trees project on Woodland Drive from 2^nd Avenue to 3^rd Avenue (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on December 1, 1998, and was approved by Council on that date to be paid for in part by special assessment upon the real property to be benefited thereby;