Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

JULY 7, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, July 7, 1998, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

PRESENT:
Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE:

Ken Dobell, City Manager

CLERK TO THE
COUNCIL:

Ulli S. Watkiss

PRAYER

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

"IN CAMERA" MEETING

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

ANNOUNCEMENT

The Mayor referred to an event that took place on July 3, 1998, at which time the City, Vancouver School Board and Rogers Communications signed a Memorandum of Understanding related to a public-private partnership project known as "Vancouver Interactive". The project promises enhanced customer service and public involvement through the use of high-speed telecommunications networks.

ADOPTION OF MINUTES

1. Special Council Meeting Minutes

(Court of Revision)

June 16, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

THAT the foregoing Minutes be adopted with an amendment to show that Councillor Chiavario was on sick leave.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting Minutes

(Transportation & Traffic)

June 16, 1998

MOVED by Cllr. Price,

SECONDED by Cllr. Daniel Lee,

THAT the foregoing Minutes be adopted with an amendment to show that Councillor Chiavario was on sick leave.

- CARRIED UNANIMOUSLY

3. Regular Council Meeting Minutes

June 23, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Sullivan,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

4. Regular Council Meeting Minutes

(City Services & Budgets)

June 18, 1998

MOVED by Cllr. Puil,

SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

5. Special Council Meeting Minutes

(Show Cause Hearing)

June 23, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

6. Special Council Meeting Minutes

(Public Hearing)

June 22/23, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Puil,

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

- CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Text Amendment: 4255 Arbutus Street

(Arbutus Village Centre) File: PH362

At the Public Hearing held on June 22 and 23, 1998, Council heard speakers addressing a proposed Text Amendment: 4255 Arbutus Street (Arbutus Village Centre). The Hearing concluded on June 23 and it was agreed a final decision on the application would be made at the Council meeting this day.

Accordingly, before Council for reference were the following materials:

-Memorandum dated July 3, 1998 from T. Phipps, Rezoning Planner, Land Use Control;

- Minutes of the Public Hearing held June 22 and 23, 1998;

-Public Hearing Agenda dated June 22, 1998, with attachments;

-Memorandum dated June 22, 1998, from T. Phipps, Rezoning Planner, Land Use Control;

-Memorandum dated June 22, 1998, from the Director of Legal Services;

-Memorandum dated June 18, 1998, from Director of Legal Services.

MOVED by Cllr. Puil,

THAT the application for a Text Amendment: 4255 Arbutus Street (Arbutus Village Centre) be rejected.

- CARRIED

(Councillor Sullivan opposed)

2. Compressed Work Week File: 1302

At its meetings of May 14 and 25, 1998, the Standing Committee on City Services & Budgets heard from delegations on the Compressed Work Week and deferred its decision on the City Manager’s recommendation to eliminate City staff’s Four Day Week and Nine Day Fortnight, to a future Council meeting. In the meantime, staff were requested to provide further information to assist Council in its deliberations. Accordingly, the following materials were before Council for consideration:

·850·Memorandum, dated June 10, 1998, from Director of Human Resources providing the requested information from staff;·850

·Report to Council of Standing Committee on City Services & Budgets dated May 25, 1998;

·Extract from Report to Council of Standing Committee on City Services & Budgets dated May 14, 1998;

·Administrative Report, dated April 23, 1998, entitled Compressed Work Week.

MOVED by Cllr. Clarke,

A.THAT Council give notice to staff, CUPE Local 15, and IBEW Local 213 (Inspectors and Technicians) that the compressed work week (specifically the four day week and nine day fortnight) will end January 1, 1999.

B.THAT the Police Board, Library Board and Park Board be advised of Council's action on the compressed work week.

C.THAT Council direct the City Manager to discuss with staff, work schedules which will achieve the primary goal of providing optimum customer service to the public while allowing for consideration of other flexible work arrangements including, but not limited to:

i)Telecommuting for part of the week;

ii)Compressed work weeks where the nature of the operation permits maintenance of complete service (this will typically be in operations where contact with a specific individual is not important to the resident or client);

iii)"Flex" schedules;

iv)Scheduling of work in non-standard hours.

- CARRIED UNANIMOUSLY

ADMINISTRATIVE REPORTS

1. Grant for 1998 Operating Funds

June 10, 1998 File: 5054

MOVED by Cllr. Kennedy,

A.THAT a $100,000 operating grant be approved for the Vancouver Heritage Conservation Foundation for 1998, with the source of funds to be the Heritage Conservation Reserve.

B.THAT the Heritage Conservation Reserve be designated an interest-bearing reserve, and interest retroactive to May 29, 1997 be credited to it.

- CARRIED UNANIMOUSLY

2. 1134 Homer Street - Proposed Closure of a

Portion of Homer Street and Hamilton Street

June 3, 1998 File: 5753

MOVED by Cllr. Don Lee,

A.THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Robert Wiegenbroker, B.C.L.S., on May 20, 1998, marginally numbered 6335RP3.DWG, defining the horizontal limits of the encroachments onto Homer Street (a reduced copy of which is attached as Appendix "A" to the Administrative Report dated June 3, 1998), by the building at 1134 Homer Street and apply to raise title to the portion of Homer Street, defined on the said Reference Plan, in the name of the City of Vancouver.

B.THAT all those volumetric portions of Homer Street and Hamilton Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 26th day of May, 1998, by Robert Wiegenbroker, B.C.L.S., and marginally numbered 6335-EZ4, a reduced copy of which is attached as Appendix "B" to the Administrative Report dated June 3, 1998, be closed, stopped-up and that an easement be granted to the owner of abutting Parcel N, Block 76, District Lot 541, Plan LMP 35529, to contain the portions of the existing building which encroach onto Homer Street and Hamilton Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel N, and to be to the satisfaction of the Director of Legal Services.

C.THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

- CARRIED UNANIMOUSLY

3. Corcan Furniture Purchases

June 1, 1998 File: 1501

MOVED by Cllr. Bellamy,

THAT Council authorize the Manager of Purchasing Services to purchase no morethan 3% of our annual furniture requirements direct from Corcan without the utilization of the competitive bid process.

- CARRIED UNANIMOUSLY

4. Tender 9810: Construction of P.C. Concrete Curbs and

Gutters and Asphaltic Concrete Pavement on Sundry Streets

June 23, 1998 File: 1805

MOVED by Cllr. Bellamy,

A.THAT Tender Number 9810 - Construction of P.C. Concrete Curbs and Gutters, and Asphaltic Concrete Pavement on Sundry Streets from Imperial Paving Ltd., the low bidder, in the amount of $833,845.60, be accepted, subject to a Contract satisfactory to the Director of Legal Services.

B.THAT the Director of Legal Services execute the Contract on behalf of the City. No legal rights shall arise hereby and none shall arise until execution of the contemplated Agreement.

- CARRIED UNANIMOUSLY

5. Proposed use of 50 parking spaces at 5202-5268 Joyce Street

(Wessex Gate and Earles Court) built in City-owned land

for the benefit of 3500 Joyce Street

June 15, 1998 File: 5101

MOVED by Cllr. Sullivan,

A. THAT Council authorize an easement to secure use of 50 parking spaces at City-owned 5202 - 5268 Joyce Street (Wessex/Earles), for the benefit of a proposed development by Greystone Properties Ltd. nearby at 3500 Vanness (The Remington) as required by the City under development application DE402724 approved by the Director of Planning April 30, 1998;

On the condition that 80% of the actual gross market rents generated by the 50 parking spaces be paid direct to the City annually (i.e. bypassing the current cost and revenue sharing formula contained in the existing ground lease). Furthermore, if in any month, less than 25 parking spaces are actually rented, Greystone will guarantee a minimum revenue to the City based on market rents of 25 parking spaces, and any Greystone’s revenue shortfall not to prejudice the City in the revenue sharing arrangement in Wessex/Earles.

B. THAT the existing ground lease between the City and Greystone Real Estate Corporation for 5202-5268 Joyce Street be modified as necessary to the satisfaction of the Director of Legal Services.

C. THAT no legal right or obligation shall hereby arise until the signing of agreements to the satisfaction of the Manager of Real Estate Services and Director of Legal Services.

- CARRIED UNANIMOUSLY

6. Vancouver Trade & Convention Centre -

Memorandum of Understanding

June 16, 1998 File: 6007

Larry Beasley, Director of Central Area Planning, responded to questions of Council, assuring that staff would address issues that are inconsistent with the policy statement for this concept, including the following, which Councillor Herbert noted were raised at a public information meeting on July 6, 1998:

·850·the integration of Gastown into the concept;·850

·850·the height of the hotel;·850

·850·the perception that the waterfront will move farther north;·850

·850·confirmation that a casino will not be included in the Centre.·850

MOVED by Cllr. Clarke,

A.THAT Council approve the draft Memorandum of Understanding, attached as Schedule A to the Administrative Report dated June 16, 1998, and further that the City Manager be authorized to finalize and sign the Memorandum of Understanding on behalf of the City.

B.THAT the Director of Central Area Planning bring forward the necessary referral report to have a Comprehensive Development shell zoning considered at Public Hearing.

- CARRIED UNANIMOUSLY

(Councillor Daniel Lee absent for the vote)

7. Vancouver-Whistler 2010 Olympic Bid

June 16, 1998 File: 4209

MOVED by Cllr. Bellamy,

THAT Council approve the appointment of Sheri Plewes, Assistant City Engineer,Water, Sewer and Yards, as the staff representative on the Vancouver/Whistler 2010 Bid Society.

- CARRIED UNANIMOUSLY

8. Strata Title Conversion - 1128 Homer Street

June 19, 1998 File: 5311

MOVED by Cllr. Kennedy,

THAT the application to convert the previously-occupied building at 1128 Homer Street (Lot 6, Block 76, D.L. 541, Plan 3469) to strata title ownership be approved in principle, but that pursuant to Section 9(1) of the Condominium Act, the Certificate of Approval (Form 10) shall not be issued unless the following condition has been met within one year of this approval:

Completion of all work authorized under Development Permit No. DE402441 and Building Permit Nos. BU407305 and BU407349, and issuance of an Occupancy Permit, all to the satisfaction of the City Building Inspector and at no cost to the City, in order for this building to substantially comply with all relevant City by-laws.

- CARRIED UNANIMOUSLY

9. Form of Development: 3500 Vanness Avenue

DE402729 - CD-1 By-law Numbers 7203 and 7204

Owner of Development: Greystone Properties Ltd.

June 23, 1998 File: 2609

MOVED by Cllr. Sullivan,

THAT the form of development for this portion (Phase 2, Sub-area 4) of the CD-1 zoned site known as 3500 Vanness Avenue be approved generally as illustrated in the Development Application Number DE402729, prepared by Howard/Bingham/ Hill Architects and stamped "Received, City Planning Department April 23, 1998", provided that the Director of Planning may approve design changes which would not adversely affect either the development character of this site or adjacent properties.

- CARRIED UNANIMOUSLY

10. Interurban Car Operating Agreement

June 23, 1998 File: 5558

MOVED by Cllr. Bellamy,

A.THAT Council authorize the General Manager of Engineering Services to negotiate an agreement with the Transit Museum Society (TMS) to operate the City’s Interurban street car which will include without limitation the terms and conditions set out in Appendix 1 to the Administrative Report dated June 23, 1998.

B.THAT Council authorize the General Manager of Engineering Services to execute the necessary documents to effect the above recommendation.

- CARRIED UNANIMOUSLY

11. 3718 West Broadway - DA Number DE403195 -

Owner of Development: 4145 Investments Ltd.

June 24, 1998 File: 2604-1

MOVED by Cllr. Puil,

THAT the Director of Planning be advised that Council would favour the approval for the construction of a four-storey retail/residential building at 3718 West Broadway as submitted under Development Application Number DE403195.

- CARRIED UNANIMOUSLY

12. 4250 Fraser Street - DA Number DE403106

Owner of Development: Can-West Roofing

June 25, 1998 File: 2605

MOVED by Cllr. Price,

THAT the Director of Planning be advised that Council would favour the approval for the construction of a four-storey retail/residential building at 4250 Fraser Street as submitted under Development Application Number DE403106.

- CARRIED UNANIMOUSLY

13. Theatre Rental Rates: September 1, 1998 to August 31, 1999

June 23, 1998 File: 4251

MOVED by Cllr. Puil,

A.THAT Council approve the Schedule of Rental Rates and Conditions for CivicTheatres, as detailed in Appendix "A" to the Administrative Report dated June 23, 1998, effective September 1, 1998.

B.THAT Council approve an increase in the funding for grants equal to theatre rent for the last four months of 1998, in the amount of approximately $26,575, to offset this rental rate increase; source of funds to be Contingency Reserve.

- CARRIED UNANIMOUSLY

14. Contract Extension: Contract No. 57-97-05 - Supply and Delivery

of Extra Strength Vitrified Clay Sewer Pipe and Fittings

June 9, 1998 File: 1805

MOVED by Cllr. Clarke,

THAT Council approve the extension of the contract to Gladding McBean, a division of Pacific Coast Building Products, for the supply and delivery of extra strength vitrified clay sewer pipe and fittings for an additional 12-month period, with the conversion of the contract to U.S. funds, at an annual estimated cost of $222,922 U.S., plus the 7% Goods and Services Tax (less any municipal rebate received) and the Provincial Sales Tax.

- CARRIED UNANIMOUSLY

15. Award of Contract No. 9808 for the Supply and

Installation of Distribution Watermain

June 23, 1998 File: 1805

MOVED by Cllr. Herbert,

A.THAT Contract No. 9808 for the supply and installation of distribution watermain, be awarded to the low bidder meeting the contract requirements, E.B. Friesen Associates Ltd., for a total tender price of $405,154 (GST included); with the source of funds to be account code 17/36/1004/999.

B.THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services, be authorized to enter into a construction services contract with E.B. Friesen Associates Ltd., for Contract No. 9808, for the supply and installation of distribution watermain.

C.THAT the bid bonds of the unsuccessful tenderers be returned upon execution of the construction services contract.

- CARRIED UNANIMOUSLY

16. Five-Year Loan from Reserve Account to Fund Improvements

to Equipment Services for Better City Government Initiatives

June 22, 1998 File: 1611

MOVED by Cllr. Chiavario,

THAT Council approve the loan of $950,000 from the Capital Financing Fund (Solid Waste Capital Reserve) to fund improvements to the Equipment Services Branch of Engineering over a five (5) year payback period with re-payment to be supplied from a surcharge of $0.50 per hour on the Engineering Garage composite labour rate and a $100,000 reduction of annual NNR Budget funding.

- CARRIED UNANIMOUSLY

POLICY REPORTS

1. Proposed Development at 3200 East 54th Avenue

(Champlain Shopping Centre) DE403146

June 18, 1998 File: 2605

MOVED by Cllr. Puil,

A.THAT Council advise it is prepared to consider a significant change to the approved form of development of this CD-1 site and that staff continue to process it as a major preliminary development application DE403146, 3200 East 54th Avenue (Champlain Mall), to the Development Permit Board, with the revised form of development to be referred to Council for approval in the normal manner.

B.THAT Council direct that, if the preliminary application is approved by the Development Permit Board subject to approval of the form of development, Council’s consideration of the form of development take place at an advertised public meeting where delegations are invited.

- CARRIED

(Councillor Chiavario opposed)

OTHER REPORTS

I. Report to Council

Vancouver Liquor Licensing Commission

June 18, 1998

The Council considered this report consisting of eight clauses identified as follows:

Cl. 1:M.V. Isa-Lei II - Ocean Park Management,

Class ‘A’ (Motor Vessel) Liquor License

Cl. 2:800 Griffiths Way - Orca Bay Arena Corporation (GM Place) -

Liquor Licensing of Outdoor Patios/Plazas

Cl. 3:3560 Fraser Street - Restaurant - Class 2: Durban Developments Ltd.

Cl. 4:646 Seymour Street - Class ‘C’ Cabaret - Howard Murray Investments Ltd.

Cl. 5:99 Powell Street - 561109 BC Ltd. - Class ‘D’ Neighbourhood Pub

Cl. 6:Conference: Developing Successful Strategies for Improving Public Safety and Community Living

Cl. 7:Pacific Racing Association, Hastings Park Racecourse -

Class ‘E’ Stadium Liquor License

Cl. 8:Other Business (1022 Davie Street)

M.V. Isa-Lei II - Ocean Park Management,

Class ‘A’ (Motor Vessel) Liquor License

(Clause 1) File: 2612-2

MOVED by Cllr. Kennedy,

THAT consideration of the request by Ocean Park Management Ltd. for a Class ‘A’ (motor vessel) liquor license on board the M.V. Isa-Lei II, be deferred pending clarification of Provincial Liquor Control and Licensing Branch policy regarding the licensing requirements of this type of vessel.

- CARRIED UNANIMOUSLY

800 Griffiths Way - Orca Bay Arena Corporation (GM Place) -

Liquor Licensing of Outdoor Patios/Plazas

(Clause 2) File: 2616-4

MOVED by Cllr. Kennedy,

THAT Vancouver City Council endorse approval of the application from Orca Bay Arena Corporation for the limited use of the patios on level 300 (gates 2 and 8) and level 100(gate 3) and the north and south plaza areas at GM Place Arena, having considered the support of residents and business operators of the community as determined by neighbourhood notification, subject to the following conditions:

-the use of the patios and plazas will not exceed one hour prior to a bona fide event and during intermission of the same event;

-applicant will dialogue with the Police Department on any pre-event usage;

-patio/plaza fencing and a fire safety plan are to be to the satisfaction of the Vancouver Fire Department.

- CARRIED UNANIMOUSLY

3560 Fraser Street - Restaurant - Class 2: Durban Developments Ltd.

(Clause 3) File: 2613-8

MOVED by Cllr. Kennedy,

THAT Vancouver City Council advise the Liquor Control and Licensing Branch it does not support the application by Durham Developments Ltd. for a Restaurant-Class 2 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street.

- CARRIED UNANIMOUSLY

646 Seymour Street - Class ‘C’ Cabaret - Howard Murray Investments Ltd.

(Clause 4) File: 2614-10

MOVED by Cllr. Kennedy,

THAT Vancouver City Council endorse the request from Howard Murray Investments Ltd., for a Class ‘C’ Cabaret with 225 seats at 646 Seymour Street, having considered the opinion of residents and business operators of the community as determined by neighbourhood notification;

FURTHER THAT this proposal be subject to the following conditions:

i.The development permit for this use be restricted to a renewable four-month time limit.

ii.Before the issuance of the business license, the applicant sign a "good neighbour" agreement with the City.

iii.A legal agreement with the City for the relocation or closure of Club Elite, 99 Powell Street (225 seats) to the satisfaction of the Director of Legal Services, the Chief License Inspector and the Director of Central Area Planning.

iv.A letter of undertaking, signed by the property owner and the applicant, submitted in conjunction with the development permit application and to form part of the development permit, ensuring that adequate soundproofing measures are implemented in the building to the satisfaction of the Director of Planning and the Director of Environmental Health.

- CARRIED UNANIMOUSLY

(Councillor Daniel Lee absent for the vote)

99 Powell Street - 561109 BC Ltd. - Class ‘D’ Neighbourhood Pub

(Clause 5) File: 2615-11

MOVED by Cllr. Kennedy,

THAT Vancouver City Council having considered the opinion of residents and business operators of the community as determined by neighbourhood notification and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by 561109 BC Ltd. for an 85-seat (includes 20-seat patio) Class ‘D’ Neighbourhood Pub with a restaurant at 99 Powell Street;

FURTHER THAT this application be subject to the following conditions:

i.The development permit be restricted to a renewable four-month time limit.

ii.No off-site sales be permitted.

iii.The patio be located on private property and close at 10:00 pm.

iv.Before the issuance of the business license, the applicant sign a "good neighbour" agreement with the City, which will involve participation by neighbourhood representatives initially and in the renewal process.

v.A legal agreement with the property owner, the cabaret owner (Club Elite), the City of Vancouver and the applicant to ensure the closure of the existing cabaret to the satisfaction of the Chief License Inspector, Director of Central Area Planning and Director of Legal Services.

vi.A letter of undertaking signed by the property owner and the applicant, submitted in conjunction with the development permit application and to form part of the development permit, ensuring that adequate soundproofing measures are implemented in the building to the satisfaction of the Director of Planning and Director of Environmental Health.

vii.Live entertainment be limited to one entertainer, with the exception of special events held in conjunction with community-wide festivals.

viii. The proposed restaurant close no later than the neighbourhood pub.

ix. No exotic dancers be permitted.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

Conference: Developing Successful Strategies for Improving

Public Safety and Community Living

(Clause 6) File: 2611

This item was deferred to the next meeting of the Commission.

Pacific Racing Association, Hastings Park Racecourse -

Class ‘E’ Stadium Liquor License

(Clause 7) File: 2616-2

MOVED by Cllr. Kennedy,

THAT Vancouver City Council reaffirm its endorsement of the application by Pacific Racing Association for a Class ‘E’ Stadium Liquor License at Hastings Park Racecourse, as set forth in its resolution of March 25, 1997;

AND FURTHER THAT Vancouver City Council endorse the request by the applicant to retain its existing Class ‘A’ Recreation Centre Liquor License for continued licensing of the existing areas in the stadium known as Jerome’s Sports Lounge, the Fat Chay Room, Clubhouse Turn Lounge, and a portion of the Table Terrace Lounge.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

Other Business (1022 Davie Street)

(Clause 8) File: 1010

MOVED by Cllr. Kennedy,

That this clause 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

(Councillor Puil absent for the vote)

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

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

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

BY-LAWS

1. A By-law to amend By-law No. 3575, being the Zoning and

Development By-law (Rezoning I-1 to I-2 - 735 Great Northern Way)

MOVED by Cllr. Sullivan,

SECONDED by Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

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

There being no amendments, it was

MOVED by Cllr. Sullivan,

SECONDED by Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

(Councillors Chiavario and Kennedy excused from voting on By-law 1)

MOTIONS

A.Closing of volumetric portions of Homer Street and Hamilton

Street adjacent to 1134 Homer Street File: 5753

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

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 Parcel N, Block 76, District Lot 541, Plan LMP 35529 encroach onto Homer Street;

3.The portion of Homer Street encroached upon, abutting said Parcel N, was dedicated by the deposit of Plan 210;

4.To provide for the registration of an easement to contain the said encroachments, as required by Section 7 of the Condominium Act, it is necessary to raise title to the portion of street encroached upon;

5.Portions of the building constructed on Parcel N, Block 76, District Lot 541, Plan LMP 35529 encroach onto Hamilton Street;

6.A title already exists for the portion of Hamilton 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 Hamilton Street, more particularly described as Lot K, except (A) part in Plan 4544 (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 easements to contain the encroachments, it is necessary for Council to close and stop-up the volumetric portions of Homer Street and Hamilton Street that are encroached upon;

THEREFORE BE IT RESOLVED THAT the Director of Legal Services be authorized to make application on behalf of the City of Vancouver, to raise title in the name of the City of Vancouver to that portion of road dedicated by the deposit of Plan 210 and included within the bold outline on a Reference Plan, attested to be Robert Wiegenbroker, B.C.L.S., representing a survey completed on May 20th, 1998; marginally numbered 6335RP3.DWG; and

BE IT FURTHER RESOLVED THAT all those volumetric portions of Homer Street and Hamilton Street, included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 26th day of May, 1998, and certified correct by Robert Wiegenbroker, B.C.L.S., and marginally numbered 6335EZ4, be closed, stopped-up, and that an easement be granted to the abutting owner of Parcel N, Block 76, District Lot 541, Plan LMP 35529, to contain the portions of the existing building which encroach onto Homer Street and Hamilton Street. The said easement to be to the satisfaction of the Director of Legal Services.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

B. Allocation of Land for Lane Purposes

(North 2 feet of Lot 31 of Lot 82, Town of Hastings

Suburban Lands, Plan 1367) File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for lane purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver

NO PID AVAILABLE

The North 2 feet of

Lot 31 of

Lot 82

Town of Hastings Suburban Lands

Plan 1367

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for lane purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for lane purposes and declared to form and to constitute a portion of a lane.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

C. Allocation of Land for Lane Purposes

(North 2 feet of Lot 28 of the North ½ of Lot 82,

Town of Hastings Suburban Lands, Plan 1367) File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for lane purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver

NO PID AVAILABLE

The North 2 feet of

Lot 28 of the North ½ of

Lot 82

Town of Hastings Suburban Lands

Plan 1367

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for lane purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for lane purposes and declared to form and to constitute a portion of a lane.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

D.Allocation of Land for Lane Purposes

(All that portion of Lot 3, Block D, District Lot 540,

Plan 4588, Group One, New Westminster District) File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for lane purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver

Parcel Identifier: 011-476-168

All that portion of Lot 3, Block D, District Lot 540, Plan 4588, Group One, New Westminster District, described as follows:

Commencing at the southwesterly corner of said Lot 3;

Thence 0° 00' 00", 1.829 metres, following in the westerly limit of said Lot 3;

Thence 135° 00' 00", 2.587 metres, more or less, to intersection with the southerly limit of said Lot 3, at a point 1.829 metres easterly from the southwesterly corner of said Lot 3;

Thence 270° 00' 00", 1.829 metres, following in the southerly limit of said Lot 3 to the POINT OF COMMENCEMENT;

The same as shown heavy outlined on plan prepared by Fred Wong, B.C.L.S., dated December 18, 1997, and marginally numbered LE 17184.

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for lane purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for lane purposes and declared to form and to constitute a portion of a lane.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

E.Allocation of Land for Road Purposes (All that portion of

Lot 10, Block 364, District Lot 526, Plan 4905,

Group One, New Westminster District) File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

City of Vancouver

All that portion of Lot 10, Block 364, District Lot 526, Plan 4905. Group One, New Westminster District, lying easterly of a line drawn parallel to and 3.048 metres perpendicularly distant westerly from the easterly limit of said Lot 10, and extending from the northerly limit to the southerly limit of said Lot 10, the same as shown heavy outlined on plan prepared by J.W. Larson, B.C.L.S., dated June 22, 1998, and marginally numbered LE17401.

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes;

BE IT RESOLVED that the above described lands, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

F.Allocation of Land for Road Purposes

(All that portion of Lot B, Block 1, District Lot 710,

Plan 9725, Group 1, New Westminster District) File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT WHEREAS the registered owner will be conveying to the City of Vancouver for road purposes land in the City of Vancouver, Province of British Columbia, more particularly known and described as follows:

All that portion of Lot B, Block 1 District Lot 710, Plan 9725, Group 1, New Westminster District, the same as shown heavy outlined on plan of survey completed on the 26th day of May, 1998, attested to by A. Di Nozzi, B.C.L.S., and marginally numbered LD 3503;

AND WHEREAS it is deemed expedient and in the public interest to accept and allocate the said lands for road purposes;

BE IT RESOLVED that the above describe lands, upon conveyance, are hereby accepted and allocated for road purposes and declared to form and to constitute a portion of a road.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

G.Closing a portion of the lane south of Kingsway,

east of Knight Street, adjacent to 4098 Knight Street File: 5753

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

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.There is a proposal to re-subdivide and redevelop the privately-owned lands on the east side of Knight Street, between Kingsway and King Edward Avenue;

3.The proposal requires the closure of a portion of the lane south of Kingsway,east of Knight Street;

4.The portion of lane to be closed, was dedicated by the deposit of Plan 653 in May of 1892, and lies adjacent to Lot A, except Part in Reference Plan LMP 8370, Blocks 1 and 3, District Lot 352, Plan 11631;

5.The said City lane to be closed is no longer required for lane purposes;

6.A portion of said Lot A will be dedicated to the City for a new lane outlet on the proposed Subdivision Plan;

7.Further portions of other lands contained within the development site will be dedicated to the City for road purposes; as well, the owners will be entering into a number of agreements with City, including rights-of-way and covenants, all as a condition of the conveyance of the lane to be closed.

THEREFORE BE IT RESOLVED THAT all that portion of the lane south of Kingsway, east of Knight Street, dedicated by the deposit of Plan 653, adjacent to Lot A, except Part in Reference Plan LMP 8370, Blocks 1 and 3, District Lot 352, Plan 11631, the same shown as heavy outlined on a Reference Plan of Survey, completed on the 27th day of June, 1997, attested to by W.G. Lammerts, B.C.L.S., and marginally numbered 93181LAN, be closed, stopped-up and conveyed to the abutting owner; and

BE IT FURTHER RESOLVED THAT all that portion of lane so closed be subdivided with the abutting lands, dedicating for lane, and for road, the portions of the abutting lands so required, to the satisfaction of the Approving Officer.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

ENQUIRIES AND OTHER MATTERS

1. City-owned Property

1100 block E. 22nd Avenue File: 2701-1

Councillor Don Lee explained he had received a petition from property owners in the vicinity of the 1100 block, back lane, between East 21 and 22 Avenues, near Inverness Street, complaining about the state of a forgotten piece of city-owned property. The property has aservice path which is inaccessible due to undergrowth that is out of control and represents a fire hazard in hot weather. He requested that staff prepare an information memo for Council in response to this complaint. The Mayor so agreed.

2. Amtrak - Entry to Vancouver File: 2701-1

Councillor Chiavario advised she had recently been a passenger on the Amtrak train and the area which it travels through upon entering Vancouver is dirty, overgrown and an eyesore. She requested an information memo from staff providing details on how this entry will be improved and cleaned up. The Mayor so agreed.

The Council adjourned at 4:45 p.m.

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