June 6/95 Regular Council Minutes

CITY OF VANCOUVER

REGULAR COUNCIL MEETING

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, June 6, 1995, in the Council Chamber, commencing at approximately 2:00 p.m.

PRESENT: Mayor Owen

Councillors Chiavario, Clarke, Hemer, Kennedy, Kwan, Price, Puil and Sullivan

ABSENT: Councillor Bellamy (Sick Leave)

Councillor Ip (Sick Leave)

CITY MANAGER'S OFFICE: Judy Rogers, Acting City Manager

CLERK TO THE COUNCIL : Maria Kinsella

PRAYER

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

* * * * *

Council recessed at 2:00 p.m., for a Public Hearing,
and reconvened at 2:15 p.m.

* * * * *

"IN CAMERA" MEETING

Council was advised there were items to be considered "In Camera" later this day including:

· Property Matter

ADOPTION OF MINUTES

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT the Minutes of the Regular Council Meeting (City Services & Budgets) of May 18, 1995, be adopted following an amendment to item 3 on page 5 of the Minutes to reflect that Councillor Kwan was in favour of the motion put by herself, and was opposed to the motion put by Councillor Clarke.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT the Minutes of the Regular Council meeting (Planning & Environment) of May 18, 1995, be adopted.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT the Minutes of the Special Council meeting (Public Hearing) of May 18, 1995, be adopted following an amendment to reflect that Councillor Kwan was absent from the meeting due to illness.

- CARRIED UNANIMOUSLY

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

THAT the Minutes of the Regular Council Meeting (with exception of the 'In Camera' portion) of May 30, 1995, be adopted.

- CARRIED

(Councillor Kwan opposed)

COMMITTEE OF THE WHOLE

MOVED by Cllr. Hemer,
SECONDED by Cllr. Clarke,

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

- CARRIED UNANIMOUSLY

VARY THE ORDER OF THE AGENDA

It was agreed Report A1 would be considered at the same time as Report Reference 1.

REPORT REFERENCE

1. Future Capital Financing File: 4101-3

for Health Facilities in Vancouver

Before Council was a Policy Report from the Director of Finance dated June 1, 1995 entitled "Future Capital Financing for Health Facilities in Vancouver". This report focused on the future of Capital financing for hospital facilities, which is anticipated to change as a result of the widespread restructuring of the governance of health services in British Columbia.

Also before Council was an Administrative Report from the General Manager of Community Services dated May 24, 1995 entitled "Transfer of the Vancouver Health Department to the Vancouver Health Board". This report advised the Province is intent on transferring responsibility for the Vancouver Health Department from the City of Vancouver to the Vancouver Health Board, and authorized the General Manager of Community Services to begin negotiating terms for the transfer.

Mr. Ted Droettboom, General Manager of Community Services, introduced the report reference and advised if Council approves A1 today, the City is about to embark on a devolution of the Health Department to the Regional Health Board. There remains, however, a very important issue with significant financial implications for the taxpayers of the City of Vancouver. When the Minister introduced New Directions in Health Care about two years ago, he announced the municipal share of hospital capital funding would no longer be shared amongst the municipalities in the Greater Vancouver Region, but would be allocated to the respective Regional Health Board areas within the Region.

cont'd

REPORT REFERENCE (CONT'D)

Future Capital Financing for
Health Facilities in Vancouver (cont'd)

The City of Vancouver is one of these Regional Health Board areas. It is also the area which contains the largest proportion of tertiary care institutions within the Greater Vancouver Region. Where we previously would have shared the municipal portion of the capital cost with the Greater Vancouver municipalities for these hospitals, under the new cost-sharing formula all of the municipal share will be paid by the City of Vancouver. This results in a significant increase in Vancouver's share, which has to be paid through the property tax fees.

With the aid of a visual slide presentation, Mr. Greg Stump, Greater Vancouver Regional Hospital District (GVRHD) and Ms. Karen Levitt, Finance Department, outlined the potential costs to Vancouver taxpayers should the financing formula be changed. They also showed the extensive use of Vancouver hospitals by non-Vancouver and non-GVRD residents.

Under the current cost-sharing formula, the total capital spending is pooled for the GVRHD and the Province pays 55% of the total associated debt charges. The remaining 45% is paid by all the GVRHD member municipalities and each municipality's share is the function of its share of the total assessed property values of GVRHD. With this formula Vancouver taxpayers pay about 35% of GVRHD's share of capital cost.

Under the proposed cost-sharing formula, the total capital spending would be divided by health region in which spending occurs. The GVRHD will be broken into six regional health boards, of which one will be coterminus with Vancouver's boundaries. The Province will continue to pay 55% of the total associated debt charges and the remaining 45% is paid by health region in which the spending occurs. Each health region's share is a function of how much spending is done within its borders. With this formula, Vancouver taxpayers will pay a much higher portion of the GVRHD's share of capital costs in each of the next seven years. This difference is due to the fact that 62% of GVRHD capital spending over the next seven years takes place within the City of Vancouver boundaries.

Council discussed the inequity of this formula as it fails to acknowledge that many of the hospitals in Vancouver serve patients from other GVRD municipalities, as well as non-GVRD residents, due to the specialized services available in Vancouver.

cont'd

REPORT REFERENCE (CONT'D)

Future Capital Financing for
Health Facilities in Vancouver (cont'd)

Ms. Karen Levitt, Finance Department, concluded if the capital sharing formula is changed, the cost to Vancouver taxpayers will be approximately $38 million over the next seven years. This means the City of Vancouver will pay approximately 60% of the GVRHD's share rather than the 35% of the share, which it presently pays. Ms. Levitt concluded with the following comments:

· There is not a clear relationship between the location of a hospital and those who use it, i.e., many patients in Vancouver hospitals are from outside of Vancouver and the GVRD. Cost should be allocated on use of the hospital rather than location of the hospital;

· The operating and capital streams for hospital financing are presently separated and this restructuring would provide a good opportunity to improve upon this situation by combining the two streams. However, it does not appear this will happen;

· Tertiary care hospitals and provincial referral centres are really provincial facilities, and there is a sound argument to leaving them out of local/provincial cost-sharing arrangements, and letting the Province fund them separately.

MOVED by Cllr. Kennedy,

THAT this report be received for information;

AND THAT the Mayor request a meeting with the Deputy Minister of Health and City staff with a view to developing a local/Provincial cost-sharing formula to financing hospital capital financing in Vancouver region, which would more equitably reflect hospital use in Vancouver.

- CARRIED UNANIMOUSLY

cont'd

REPORT REFERENCE (CONT'D)

Future Capital Financing for
Health Facilities in Vancouver (cont'd)

MOVED by Cllr. Kennedy,

THAT the recommendation of the General Manager of Community Services, as contained in the Administrative Report dated May 24, 1995 and stated below, be approved:

A. THAT the General Manager of Community Services be authorized to negotiate terms for the transfer of the Vancouver Health Department from the City of Vancouver to the Vancouver Health Board;

AND THAT these terms be reported back to Council for its approval before entering into a transfer agreement;

B. THAT the Mayor, on behalf of Council, write the Minister of Health and request that the Ministry provide 100 percent funding for municipal health services effective with the establishment of Regional Health Boards, as the Minister had apparently committed; or, if this is not possible, that the Minister at least clarify the schedule and criteria for implementing 100 percent Provincial funding;

C. THAT the Metropolitan Board of Health be provided with a copy of this report and Council's actions.

- CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. CityPlan: Directions for Vancouver File: 5340-2/3201-6

& City of Vancouver Response to GVRD
Livable Region Strategic Plan

Before Council was a Policy Report dated May 16, 1995, from the City Plan Department Heads Steering Committee entitled "CityPlan: Directions for Vancouver", as well as a Policy Report dated May 16, 1995 from the Associate Director of Planning - City Plans and the General Manager of Engineering Services entitled "City of Vancouver Response to GVRD Livable Region Strategic Plan". These reports were the subject of a report reference to City Council by Dr. Ann McAfee, Associate Director of Planning -CityPlans, on May 30, 1995. Council also heard delegations from members of the public on June 1, 1995. Accordingly, these reports were now submitted under Unfinished Business for Council's consideration this day.

* * *

Councillor Kennedy left the meeting
prior to the conclusion of this item.

* * *

MOVED by Cllr. Puil,

THAT recommendation A, as contained in the Policy Report dated May 16, 1995 entitled "CityPlan: Directions for Vancouver" and stated below, be approved:

THAT Council adopt the draft CityPlan: Directions for Vancouver, (February 1995), with the additions and amendments noted in Appendix B of the Policy Report dated May 16, 1995, as a broad vision for the City.

- carried

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

MOVED by Cllr. Kwan (in amendment),

THAT recommendation A be amended as follows:

THAT Council adopt the draft CityPlan: Directions for Vancouver, with the addition and amendments noted in Appendix B, as a terms of reference for the implementation plan and that staff report back with a clear, unambiguous implementation plan that includes growth targets and how they are to be achieved, specific affordable housing strategies that are realistic, cost measures that spell out how all the "goodies" that the draft CityPlan speaks of, are to be paid for.

- LOST

(Councillors Chiavario, Clarke, Hemer, Price, Puil,
Sullivan and the Mayor opposed)

*underlining denotes amendment

The amendment having lost, the motion by Councillor Puil was put and CARRIED UNANIMOUSLY.

MOVED by Cllr. Puil,

THAT recommendations B - F, as contained in the Policy Report dated May 16, 1995 entitled "CityPlan: Directions for Vancouver", and stated below, be approved:

B. THAT the Associate Director of Planning - City Plans, prepare and distribute the adopted CityPlan document.

C. THAT Council and Departments use CityPlan to guide policy decisions, corporate work priorities, budgets, and capital plans.

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

D. THAT future Council reports make reference, where appropriate, to the CityPlan vision, directions, and next steps, noting how proposals relate to CityPlan.

E. THAT CityPlan provide a context for developing partnership agreements between the City of Vancouver and the Greater Vancouver Regional District with respect to the Livable Region Strategic Plan.

F. THAT the City continue work on new initiatives contained in CityPlan and already under way, as described in Section 4.2.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Puil,

THAT recommendation G, as contained in the Policy Report dated May 16, 1995 entitled "CityPlan: Directions for Vancouver", and stated below, be approved:

THAT, to apply CityPlan directions in neighbourhoods, the Planning Department, in cooperation with appropriate departments:

i) Report back by July 1995 on a program to consult with the public on an approach to neighbourhood planning that addresses CityPlan directions, as described in Section 4.3 of this report; and

ii) Report back by the end of 1995 on a process to deal with rezoning applications submitted while neighbourhood planning is under way; and, until a process is approved by Council, applications for rezoning should not justify the rezoning on the grounds that it "supports CityPlan neighbourhood centres".

- carried

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

MOVED by Cllr. Kwan (in amendment),

THAT recommendation G(i) be amended to read as follows:

G(i) Report back by July 1995 on a program, including this option, to institute neighbourhood planning councils before any changes are made.

- LOST

(Councillors Chiavario, Clarke, Hemer, Price, Puil,
Sullivan and the Mayor opposed)

* underlining denotes amendment

The amendment having lost, the motion by Councillor Puil was put and CARRIED UNANIMOUSLY.

MOVED by Cllr. Puil,

THAT recommendation H as contained in the Policy Report dated May 16, 1995 entitled "CityPlan: Directions for Vancouver", and stated below, be approved:

THAT CityPlan provide a context for developing and selecting proposals for inclusion in the 1997-99 Capital Plan, as described in Section 4.4 of this report.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Puil,

THAT recommendation I as contained in the Policy Report dated May 16, 1995 entitled "CityPlan: Directions for Vancouver", and stated below, be approved:

THAT, to implement other next steps identified in CityPlan, the Planning Department, in consultation with appropriate departments, report to Council by the end of 995 on the following:

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

i. Review the "next steps" in each section of the Plan and identify further initiatives to implement CityPlan as part of 1996 work programs.

ii. Propose a process to provide annual status reports on Plan implementation.

- carried

MOVED by Cllr. Kwan (in amendment),

THAT recommendation I be amended by adding I(iii) and I(iv) as follows:

iii. Define and clearly state what neighbourhood centres are, where they will be located, and who will initiate the land use patterns and density targets.

iv. Wards for Vancouver in time for the 1996 Civic election to ensure fairness and city-wide representation in civic government.

- LOST

(Councillors Chiavario, Clarke, Hemer, Price, Puil,
Sullivan and the Mayor opposed)

The amendment having lost, the motion by Councillor Puil was put and CARRIED UNANIMOUSLY.

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

MOVED by Cllr. Puil,

THAT recommendation J as contained in the Policy Report dated May 16, 1995 entitled "CityPlan: Directions for Vancouver", and stated below, be approved:

THAT funds remaining in the CityPlan Program budget ($70,000) be allocated to printing and distribution of the final Plan and a newsletter, as noted in Appendix C to the Policy Report dated May 16, 1995; with a report back as part of Recommendation G, on using remaining funds for public consultation on an approach to neighbourhood planning.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Clarke,

THAT Council ask staff to report back on interim measures to deal with neighbourhood requests for character zoning until such time staff are able to go back in those neighbourhoods to work with them on their neighbourhood centres.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Kwan,

THAT the implementation plan be submitted to a referendum for voter's approval.

- LOST

(Councillors Chiavario, Clarke, Hemer, Price, Puil,
Sullivan and the Mayor opposed)

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

MOVED by Cllr. Puil,

THAT the recommendation of the General Managers of Community Services and Engineering Services, as contained in the Policy Report dated May 16, 1995 (UB-1(i)) and stated below, be approved:

A. THAT Council endorse the Livable Region Strategic Plan objectives to protect the GVRD Green Zone, build Complete Communities, achieve a compact Metropolitan Region, and increase transportation choice.

B. THAT the City support the proposed GVRD Green Zone policies with the following provisos:

i) the City offer, for inclusion in the GVRD Green Zone, the lands approved by Council on September 16, 1993, as noted in Appendix C of the Policy Report dated May 16, 1995.

ii) Areas within the City of Vancouver identified for inclusion in the Green Zone are for planning purposes only and remain under the City's jurisdiction; and

iii) The Arbutus Corridor and the Grandview Cut are presently designated as transportation corridors. Further analysis and public consultation (through a City transportation planning process) is required to conclude on the role of these corridors relative to transportation, recreation, and wildlife uses.

C. THAT the City support the GVRD "Complete Community" concept, subject to developing partnership agreements which take into account City objectives to improve Vancouver's jobs-worker ratio.

D. THAT the City support, in principle, the "Compact Metropolitan Region" policies with the following provisos to be considered when household/population targets are negotiated:

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

i) targets should be based upon the results of this CityPlan process, noting that existing zoning provides for an additional 100,000 people and housing for a further 60,000 people (for a maximum increase of 160,000 people by 2021) will need to be agreed through neighbourhood planning processes; and

ii) given there are limited opportunities to provide new traditional ground-oriented housing in the city, the partnership negotiations should explore new forms of housing which offer qualities similar to ground-oriented housing, but at higher densities, as the City's contribution to meeting the demand for family housing.

E. THAT the GVRD Transportation Choice Policies be supported in principle, with the following provisos:

i) the GVRD is successful in negotiating agreements with the provincial and federal governments and their agencies to jointly plan and deliver transportation services that support the Livable Region Strategic Plan;

ii) the Regional Transportation Strategy is predicated on municipalities accepting a share of growth and, should targets not be met, priorities for transportation investments should be revisited;

iii) priority for investment in transportation services and facilities should reflect total population and employment served as well as new demands in areas identified for above-trend growth; and

cont'd

UNFINISHED BUSINESS (CONT'D)

CityPlan: Directions for Vancouver
& City of Vancouver Response to GVRD
Livable Region Strategic Plan (cont'd)

iv) the GVRD be invited to participate in preparing the proposed Vancouver Transportation Plan as a step toward developing partnership agreements on GVRD Transportation Choice Policies.

F. THAT the GVRD provide more information about how the consensus/partnership process will be achieved and that, as part of this work, the GVRD and member municipalities address the issue of how municipalities, taking more than an expected share of growth, provide for facility and servicing costs associated with maintaining livability.

G. THAT the Mayor, on behalf of Council, forward the foregoing recommendations and report to the GVRD as the City's response to the Livable Region Strategic Plan.

- CARRIED UNANIMOUSLY

* * *

CIVIC MERIT AWARD - Mrs. Kay Stovold

Council gave special recognition to Mrs. Kay Stovold who has given more than 20 years of volunteer service to seniors organizations in Vancouver. In years of Committee work, and counselling on issues such as health care, mental health, elder abuse and guardianship, Mrs. Stovold has raised awareness about the problems of aging in our society and has shown where progress can be made.

The Mayor presented Mrs. Stovold with the Civic Merit Medal and thanked her for the many years of volunteer service.

* * *

Council recessed at 4:10 p.m. and following an
'In Camera' meeting in the Mayor's Office,
reconvened at 5:00 p.m.

* * *

MANAGER'S REPORTS

ADMINISTRATIVE REPORTS

1. Administrative Report

(May 24, 1995)

Transfer of the File: 4106
Vancouver Health Department
to the Vancouver Health Board

This item was considered as part of Report Reference.

For Council action see page 3.

2. Administrative Report

(May 16, 1995)

Extension of Contract No. 57-94-04: File: 1801-4
Supply and Delivery of Extra Strength
Vitrified Clay Sewer Pipe and Fittings

MOVED by Cllr. Hemer,

THAT the recommendation of the General Manager of Engineering Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

MANAGER'S REPORTS (CONT'D)

3. Administrative Report

(May 23, 1995)

Tender No. 35-95-05: Supply of File: 1801-3
Mobile Vacuum Street Sweepers

MOVED by Cllr. Sullivan,

THAT the recommendation of the General Manager of Engineering Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

4. Administrative Report

(May 24, 1995)

1140-1150 Hamilton Street - File: 5753-2
Proposed Closure of a Portion of
Hamilton Street and Mainland Street

MOVED by Cllr. Sullivan,

THAT the recommendation of the General Manager of Engineering Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

5. Administrative Report

(May 23, 1995)

Acquisition of a Document Imaging File: 1306-12
System for Permits and Licenses

MOVED by Cllr. Price,

THAT the recommendation of the General Managers of Community Services and Corporate Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

MANAGER'S REPORTS (CONT'D)

6. Administrative Report

(May 24, 1995)

Regal Place Hotel File: 2716
144 West Hastings Street
Request for a Show Cause Hearing

MOVED by Cllr. Clarke,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

7. Administrative Report

(May 16, 1995)

Annual Report on Council File: 1251-2
Remuneration and Expenses

MOVED by Cllr. Hemer,

THAT this report be received for information.

- CARRIED UNANIMOUSLY

8. Administrative Report

(May 15, 1995)

Extension of Building Permit No. File: 2608-2
BP219794 - 1678 West 7th Avenue

MOVED by Cllr. Hemer,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

MANAGER'S REPORTS (CONT'D)

9. Administrative Report

(May 23, 1995)

Strata Title Conversion: File: 5312
1310-1360 West 4th Avenue

MOVED by Cllr. Sullivan,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

10. Administrative Report

(May 23, 1995)

Special Advisory Committee on Cultural File: 3055-6
Communities: 1995-1996 Goals,
Objectives and Work Plan

MOVED by Cllr. Chiavario,

THAT the recommendation of the City Manager, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

11. Administrative Report

(May 26, 1995)

Granville Street - Downtown South File: 3701-3
Community Police Office

MOVED by Cllr. Clarke,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY
AND BY THE
REQUIRED MAJORITY

MOVED by Cllr. Puil,

THAT staff be requested to report back on activities in Downtown South since the Butt report.

- CARRIED UNANIMOUSLY

MANAGER'S REPORTS (CONT'D)

12. Administrative Report

(May 26, 1995)

Change in Voluntary Payment System File: 1755-2
- By-law Fines

MOVED by Cllr. Sullivan,

THAT the recommendation of the General Manager of Corporate Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

13. Administrative Report

(May 29, 1995)

Warning to Prospective Purchasers File: 2701-3
of 55 S.W. Marine Drive

MOVED by Cllr. Hemer,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

14. Administrative Report

(May 26, 1995)

Award of Tender No. 54-95-01 File: 1801-3
The Supply of Parking Meters

This report was withdrawn.

15. Administrative Report

(June 6, 1995)

Development Permit Board Appointments File: 3104-2

MOVED by Cllr. Puil,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

MANAGER'S REPORTS (CONT'D)

16. Administrative Report

(June 6, 1995)

By-law Rezoning: 272 East 4th Avenue File: 5304-2
(Lot A, Block 25, D.L. 200A, Plan 16118)

MOVED by Cllr. Hemer,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

1. Policy Report

(May 19, 1995)

Provincial Fire Services File: 3651-3
Rope Rescue Program

MOVED by Cllr. Puil,

THAT the recommendation of the General Manager of Fire & Rescue Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY
AND BY THE
REQUIRED MAJORITY

2. Policy Report

(May 23, 1995)

Amendments to the RS-1, RS-1S, File: 3651-3
RS-3 and RS-5 District Schedules:
Municipal Address for
Legal Secondary Suites

MOVED by Cllr. Kwan,

THAT the recommendation of the General Manager of Fire & Rescue Services, as contained in this report, be approved.

- LOST

(Councillors Chiavario, Clarke, Hemer, Price and Puil opposed)

MANAGER'S REPORTS (CONT'D)

3. Policy Report

(May 16, 1995)

Provincial Growth Strategies Act File: 3201-6

MOVED by Cllr. Chiavario,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

4. Policy Report

(May 23, 1995)

City Response to Richmond's File: 5320
City Centre Area Plan

MOVED by Cllr. Price,

THAT the recommendation of the General Manager of Community Services, as contained in this report, be approved.

- CARRIED UNANIMOUSLY

5. Policy Report

(May 24, 1995)

CD-1 Rezoning Rationale File: 5303-2
- 750 West Broadway

As a delegation request had been received, this report was referred to the appropriate Standing Committee.

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF THE COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,
SECONDED by Cllr. Hemer,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to Designate Heritage Property

and to amend By-law No. 4837, being the
Heritage By-law (Designation of 901 West
23rd Avenue, 2830 West 1st Avenue and
138 West 10th Avenue)

MOVED by Cllr. Puil,
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. Puil,
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

BY-LAWS (CONT'D)

2. A By-law to amend By-law No. 3575,

being the Zoning & Development By-law

(Rezoning M-2 to CD-1
475-87 Alexander Street)

MOVED by Cllr. Clarke,
SECONDED by Cllr. Sullivan,

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. Sullivan,

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 Price and Puil were excused
from voting on By-law 2)

BY-LAWS (CONT'D)

3. A By-law to amend By-law No. 3575,

being the Zoning & Development
By-law (Rezoning IC-3 to CD-1 -
272 East 4th Avenue)

MOVED by Cllr. Hemer,
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. Hemer,
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

(Councillors Clarke, Kennedy and Mayor Owen were excused
from voting on By-law 3)

BY-LAWS (CONT'D)

4. A By-law to levy rates on qualifying

real property located in the
Downtown Vancouver Business Improve-
ment Area (1995 Rate Levying By-law -
Downtown Vancouver Business Improvement Area)

MOVED by Cllr. Price,
SECONDED by Cllr. Clarke,

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. Price,
SECONDED by Cllr. Clarke,

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

5. A By-law to levy rates on qualifying

real property located in the
Gastown Business Improvement Area
(1995 Rate Levying By-law -
Gastown Business Improvement Area)

MOVED by Cllr. Price,
SECONDED by Cllr. Clarke,

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. Price,
SECONDED by Cllr. Clarke,

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

BY-LAWS (CONT'D)

6. A By-law to levy rates on qualifying

real property located in the
Kerrisdale Business Improvement Area
(1995 Rate Levying By-law -
Kerrisdale Business Improvement Area)

MOVED by Cllr. Price,
SECONDED by Cllr. Clarke,

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. Price,
SECONDED by Cllr. Clarke,

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

7. A By-law to levy rates on qualifying

real property located in the Mount
Pleasant Business Improvement Area
(1995 Rate Levying By-law -
Mount Pleasant Business Improvement Area)

MOVED by Cllr. Price,
SECONDED by Cllr. Clarke,

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. Price,
SECONDED by Cllr. Clarke,

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

BY-LAWS (CONT'D)

8. A By-law to levy rates on qualifying

real property located in the Robson
Street Business Improvement Area
(1995 Rate Levying By-law -
Robson Street Business Improvement Area)

MOVED by Cllr. Price,
SECONDED by Cllr. Clarke,

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. Price,
SECONDED by Cllr. Clarke,

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. Closing of volumetric portions

of Hamilton St. and Mainland St.,
southerly of Helmcken St.

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT WHEREAS:

1. The City of Vancouver is the owner of all the streets and lanes lying within the limits of the City of Vancouver;

2. Portions of the building constructed on Lot 24, Block 76, District Lot 541, Plan 3469 encroach onto Hamilton Street;

3. a title already exists for the portion of Hamilton Street upon which the building encroaches;

4. As required by Section 7 of the Condominium Act, it is necessary to register an easement to contain the said encroachment on the title to Hamilton Street, more particularly described as, that part of Lot K shown coloured yellow on Plan 4959, Block 76, District Lot 541, Plan 3469;

5. Portions of the building constructed on Lot 24, Block 76, District Lot 541, Plan 3469, encroach onto Mainland Street;

6. a title already exists for the portion of Mainland Street upon which the building encroaches;

7. As required by Section 7 of the Condominium Act, it is necessary to register an easement to contain the said encroachment on the title to Mainland Street, more particularly described as Lot L, except (A) portions in Plans 4544 and 21741 (B), portions coloured yellow on Plan 4959 (C) part in Explanatory Plan 17265, Block 76, District Lot 541, Plan 3469;

8. To enable Council to grant the required easement to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of road encroached upon;

cont'd

MOTIONS (CONT'D)

Closing of volumetric portions
of Hamilton St. and Mainland St.,
southerly of Helmcken St. (cont'd)

THEREFORE BE IT RESOLVED THAT all those volumetric portions of Hamilton Street and Mainland Street included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 1st day of March, 1995, attested to by D.J. Dyck, B.C.L.S., and marginally numbered 94-1995-V2, be closed, stopped-up, and that an easement be granted to the abutting owner of Lot 24, Block 76, District Lot 541, Plan 3469, to contain the portions of the existing building which encroach onto Hamilton Street and Mainland Street. The said easement to be to the satisfaction of the Director of Legal Services.

- CARRIED UNANIMOUSLY

B. Establishment for Road Purposes

and Declaration to form and
constitute a portion of road
(Evans Avenue at Glen Drive)

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

WHEREAS the City of Vancouver is the registered owner of Lot C, District Lots 196 and 2037, Plan LMP14138, Group One, New Westminster District;

AND WHEREAS it is deemed expedient and in the public interest to establish a portion of the above described land for road purposes;

THEREFORE BE IT RESOLVED that all that portion of Lot C, District Lots 196 and 2037, Plan LMP 14138, Group One, New Westminster District, shown heavy outlined on plan of survey completed on the 28th day of April, 1995, attested to by Fred Wong, B.C.L.S. and marginally numbered LD 3041, is hereby established for road purposes and declared to form and constitute a portion of road.

- CARRIED UNANIMOUSLY

MOTIONS (CONT'D)

C. Approval of Form of Development File: 2605-2

CD-1 - 272 East 4th Avenue

MOVED by Cllr. Puil,
SECONDED by Cllr. Price,

THAT the approved form of development for the CD-1 zoned site known as 272 East 4th Avenue, approved as illustrated in Development Permit 216175, be amended generally as illustrated in plans prepared by Kasian Kennedy Architects Ltd., and stamped "Received, City of Vancouver, Planning Department, January 26, 1995", provided that the Director of Planning may approve design changes which would not adversely affect either the development character and livability of this site or adjacent properties.

- CARRIED UNANIMOUSLY

D. Pavement, Curbs and Trees

- 5th Avenue from Columbia
Street to Alberta Street

MOVED by Cllr. Hemer,
SECONDED by Cllr. Chiavario,

WHEREAS a pavement, curbs and trees project on 5th Avenue from Columbia Street to Alberta Street (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on June 16, 1994, 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 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;

cont'd

MOTIONS (CONT'D)

Pavement, Curbs and Trees
- 5th Avenue from Columbia
Street to Alberta Street (cont'd)

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

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:

"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.";

cont'd

MOTIONS (CONT'D)

Pavement, Curbs and Trees
- 5th Avenue from Columbia
Street to Alberta Street (cont'd)

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 2009;

AND WHEREAS Lot A of 1 and 2, Block 14, District Lot 302, Plan 5832 (hereinafter called the "lot") abuts the project and contains three dwelling units;

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 I-1 (Industrial) 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 (15) years if assessed as I-1 (Industrial) would be $703.11;

MOTIONS (CONT'D)

Pavement, Curbs and Trees
- 5th Avenue from Columbia
Street to Alberta Street (cont'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 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 1995 and each subsequent year up to and including 2009 of $439.44 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

E. Pavement, Curbs and Trees -

Salsbury Street from Hastings
Street to Pender Street

MOVED by Cllr. Hemer,
SECONDED by Cllr. Chiavario,

WHEREAS a pavement, curbs and trees project on Salsbury Street from Hastings Street to Pender Street (hereinafter called the "project") was advanced as a local improvement on the initiative principle to a Court of Revision on February 24, 1994, 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 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:

cont'd

MOTIONS (CONT'D)

Pavement, Curbs and Trees -
Salsbury Street from Hastings
Street to Pender Street (cont'd)