ADMINISTRATIVE REPORT Date: February 6, 1996 Dept. File No.000 196 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Closure of Dunlevy Avenue between Pender Street and Keefer Street RECOMMENDATION THAT Council agree to postpone billing for the lease of Dunlevy Street between Pender Street and Keefer Street until April 1, 1996. COUNCIL POLICY There is no Council Policy directly related to this matter. PURPOSE The purpose of this report is to seek Council's authority to postpone charging for the lease of portion of Dunlevy Street, as requested by the Mau Dan Gardens Co-operative Housing Association (MDGCHA), see a copy of their letter attached as Appendix "A". BACKGROUND On April 27, 1995 Council, resolved to close, stop up and lease the portion of Dunlevy Avenue between Pender Street and Keefer Street to MDGCHA. This lease was to allow MDGCHA to install fencing around their site to improve security. MDGCHA had intended to have the fencing and gates installed by August 1995, however, due to a number of necessary design revisions, the construction of the fencing has been delayed. The billing for the lease of this portion of closed road started as of August 1, 1995, at a rate of $333.33 per month. MDGCHA has requested that the lease not commence until April 1, 1996, and that he billing charged since August 1, 1995, be cancelled. DISCUSSION Dunlevy Avenue has been physically open to the public since August 1, 1995. MDGCHA has not had the benefit of the lease area as anticipated in the lease, therefore, we believe there is merit in their request. CONCLUSION The request by MDGCHA for the closure of Dunlevy Avenue was to accommodate their need to improve security around their development. The rental charged was to compensate the City for the alienation of this portion of road from public use. As the area had not been cut off from public use as anticipated, it seems reasonable that the rental not be charged until the lease area is physically closed to the public. * * * * *