Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

NOVEMBER 17, 1998

A meeting of the Council of the City of Vancouver was held on Tuesday, November 17, 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 Daniel Lee

Councillor Don Lee

Councillor Gordon Price

Councillor George Puil

Councillor Sam Sullivan

ABSENT:

Councillor Lynne Kennedy (Leave of Absence)

CITY MANAGER'S

OFFICE:

Judy Rogers, Deputy City Manager

Ken Dobell, City Manager

CLERK TO THE

COUNCIL:

Ulli S. Watkiss

PRAYER

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

"IN CAMERA" MEETING

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

ITEMS ARISING FROM "IN CAMERA" MEETING

OF NOVEMBER 3, 1998

The following were appointed to the Vancouver Heritage Commission:

Brad Alberts (1999-2000) John Ivison (Balance of 1998-1999)

James Burton (1999-2000) Hal Kalman (1999-2000)

Susanna Houwen (1999-2000) Henry Tom (1999-2000).

ADOPTION OF MINUTES

1. Regular Council Meeting

(City Services & Budgets)

October 22, 1998

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

ADOPTION OF MINUTES (CONT'D)

2. Regular Council Meeting

(Transportation & Traffic)

November 3, 1998

MOVED by Cllr. Price,

SECONDED by Cllr. Sullivan,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

3. Regular Council Meeting

November 3, 1998

MOVED by Cllr. Chiavario,

SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted with an amendment to show Councillor Chiavario absent on Civic Business.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

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

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

REPORT REFERENCE

1.(a) Major Roads Network -

Greater Vancouver Transportation Authority (GVTA) File: 5562

Ian Adam, Assistant City Engineer, and Ted Sebastian, Planner, City-Wide Plan, provided a report reference to Council on the results of the public consultation about the Major Road Network (MRN) and on the implications, risks and benefits of consenting to designation by the GVTA of certain City streets as part of the MRN. Nick Losito, Director, Environmental Health, presented information clarifying the issues related to air pollution from vehicles using major arterials.

The presentation followed a public meeting held on the evening of November 16, 1998, at which time Council members heard speakers addressing the Policy Reports dated November 10, 1998 entitled "Major Roads - Greater Vancouver Transportation Authority" and a companion report dated October 20, 1998 entitled "Air Quality Impacts of Major Road Network". At that meeting, consideration of the recommendations contained in the above-mentioned reports was deferred to a future Council meeting.

A review was provided of the City's policies with respect to transportation, the background leading to enactment of the Greater Vancouver Transportation Authority Act (the Act) in July 1998, and the mandate of the GVTA. Most of the GVTA's resources and effort will be devoted to operating the transit system, however, the GVTA Board is also required to establish the Major Road Network by December 31, 1998. The municipalities will continue to have responsibility for operations, maintenance and construction of new works, with funding to be provided by the GVTA. Suggested criteria for the definition of a Major Road was developed by a committee of the Interim GVTA Board, which was forwarded to municipalities for response.

Staff representatives from the departments of Engineering, Planning, Law, and Environmental Health responded to questions of Council on the issues of truck routes, definition of people-carrying capacity, standards of operation and maintenance and funding, expropriation and powers of existing agencies, emissions, and the benefits of regulation instead of legislation.

cont'd

REPORT REFERENCE (CONT'D)

* * *

Councillor Puil arrived at this point in the meeting.

* * *

(a) Major Roads Network - GVTA (cont'd)

MOVED by Cllr. Clarke,

THAT Council postpone consideration of the Policy Report dated November 10, 1998 to the Council meeting of December 8, 1998, at which time staff will provide updated information, where possible, on the following:

(a)the status of section 21(1) of the Greater Vancouver Transportation Authority Act (the Act) which provides that a municipality cannot ‘reduce or limit’ people-carrying capacity on a street;

(b)the status of amendments to the Act to "grandfather" all existing City of Vancouver truck prohibitions;

(c)the types of standards to be imposed by the GVTA for the management, operation, construction and maintenance of the Major Road Network, which have a direct impact on funding provided to the municipalities;

(d)the issue of expropriation and existing agencies;

(e)the options available (i.e., at a fixed point in time or at a theoretical maximum before gridlock) for establishing a people-carrying capacity’ baseline for the City of Vancouver;

(f)conversion of information contained on page 11 of the Policy Report dated October 20, 1998 and entitled "Air Quality Impacts of Major Road Network" which expressed emissions in grams per vehicle kilometre for older diesel buses,"clean" diesel buses, and cars, to measurement in fine particles (PM2.5);

(g)the implications of not designating the major road network at this time;

(h)the implications of designating the major road network before changes to the existing legislation regarding truck routes are in place.

- CARRIED UNANIMOUSLY

cont'd

REPORT REFERENCE (CONT'D)

(b) Air Quality Impacts of Major Road Network

MOVED by Cllr. Price,

A.THAT the G.V.R.D., in cooperation with the Ministry of Environment, Ministry of Health, and Lower Mainland Regional Health Authorities be requested to sponsor a Scientific Panel review of Diesel Exhaust health concerns to provide a better understanding of the risks and trade-offs involved (Partial funding may be available through a recently announced Clean Air Research Fund co-administered by the Canadian Petroleum Products Institute, Ministry of Environment and GVRD).

B.THAT the G.V.R.D. Air Quality Department be requested to initiate near-source monitoring of fine particulates in the vicinity of the Major Road Network, with an emphasis on fine particles of diesel origin.

C.THAT the G.V.R.D. Air Quality Department be urged to expand the number and location of PM2.5 monitoring sites as soon as possible with priority to sites near major road networks.

D.THAT, until such time as the science and technology of the various engine and fuel options and their associated risks and trade-offs are better understood, the GVTA (B.C. Transit) be requested to keep all options open as far as the choice of engine technology and energy source for their fleet.

E.THAT the GVTA (B.C. Transit) be urged to maintain and extend the electric trolley fleet (and other electric-powered mass transit options) on the Major Road Network as an effective means of reducing air quality impacts from transit operations on major arterials and highways.

F.THAT the GVTA (B.C. Transit) be urged to give early consideration to incorporating fuel cell or comparable alternative technology into the Fleet beyond the current commitment to 3 Ballard buses.

G.THAT the Director of Environmental Health and Medical Health Officer, in consultation with the G.V.R.D. Air Quality Department and GVTA (B.C. Transit), report back to Council on completion of the Scientific Panel’s review or as further significant developments become known.

- CARRIED UNANIMOUSLY

* * *

The Council recessed at 4:00 p.m.

and following an In Camera Meeting in the Mayor's Office,

reconvened in open session at 4:45 p.m., with all members present.

* * *

REPORT REFERENCE (CONT'D)

2. Civic Youth Strategy Progress Report File: 4102

Council had for its consideration an Administrative Report dated November 3, 1998, in which the Child and Youth Advocate, Adrienne Montani, and the Youth Services Coordinator, Parks and Recreation, Debbie Anderson, provided the third annual progress report on the implementation of the Civic Youth Strategy. Recommendations contained in the report were intended to consolidate and sustain the gains made to date in youth involvement and support. Others were intended to help move forward in areas that youth have identified as needing more attention by the City, or senior levels of government. The report also provided an overview of the types of activities undertaken and the achievements by City departments and the other CYS partners over the past year in support of the City’s youth population. Gaps in services for particularly vulnerable or disadvantaged groups of youth were highlighted, and the report outlined next year's strategy.

Also before Council was a report from the Family Court/Youth Justice Committee dated November 12, 1998 which conveyed the Committee's full support of the recommendations contained in the Administrative Report and commented specifically on those recommendations falling within its mandate. Jim Siemens, Co-Chair, Family Court/Youth Justice Committee, spoke briefly, pointing out the Committee had the distinction of having the first youth member on a civic committee.

Theo Rosenfeld, Karun Koernig, Janey Lew, and Marie Didas, members of the Civic Youth Strategy Core Committee, spoke to the recommendations in the Administrative Report, which were prepared with the Core Committee's input. They requested Council's continued support in promoting youth employment, and in providing opportunities for late night, non-alcoholic events for 20 - 24 year old youth, in a safe environment.

cont'd

REPORT REFERENCE (CONT'D)

Civic Youth Strategy Progress Report (cont'd)

MOVED by Cllr. Chiavario (in amendment),

A.THAT Council endorse the City Clerk’s Office initiative to work with the Civic Youth Strategy Core Committee to examine strategies to improve youth participation in civic elections, including enhanced civic voter education for young people.

B.THAT Council direct Human Resource Services staff to work with youth, youth employment services providers, civic unions, other civic departments, Park Board and School Board and to examine ways to enhance opportunities for youth employment, work experience and mentorship within civic workplaces, and report back in 12 months.

C.THAT organizers of conferences involving youth-related issues in which the City of Vancouver participates be encouraged by the City to include seats for young people without charge.

D.THAT Council allocate annual financial support to Youth Week coordination at $5,000, to be added to the Child and Youth Advocate’s budget, without offset, out of the 1999 operating budget.

E.THAT Council direct the Child and Youth Advocate to work with the appropriate agencies, civic departments, Park Board and School Board to bring forward a report looking at the opportunities and obstacles related to late night social/recreational activities and venues for youth within the City.

F.THAT Council write to the Greater Vancouver Transportation Authority requesting a review of late night public transit use that would include reference to the safety concerns of youth and would include youth as participants in the review.

G.THAT Council continue to support partnerships and projects that meet the need for safe and affordable housing for youth.

cont'd

REPORT REFERENCE (CONT'D)

Civic Youth Strategy Progress Report (cont'd)

H.THAT Council write to the Ministry for Children and Families, Ministry of Health, Ministry of Human Resources, Ministry of the Attorney General, Ministry of Aboriginal Affairs and the Vancouver Richmond Health Board urging them to increase funding immediately for alcohol and drug treatment resources and mental health services for youth in their home communities, and to provide core funding for preventative services and programs.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

italics denote amendment

COMMUNICATIONS AND/OR PETITIONS

1.Appointments to GVRD Board File: 3204

MOVED by Cllr. Bellamy,

A.THAT the following be appointed to the GVRD Board as Directors and Alternates, and that votes be allocated as shown:

Directors Alternates

Philip Owen 5 votes Don Bellamy

George Puil 5 votes Don Lee

Nancy A. Chiavario 4 votes Daniel Lee

Jennifer Clarke 4 votes Don Bellamy

Lynne Kennedy 4 votes Don Lee

Gordon Price 4 votes Alan Herbert.

B.THAT Councillor Don Bellamy be appointed to the GVRD Labour Relations Bureau, with Councillor Clarke as his Alternate.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

ADMINISTRATIVE REPORTS

1.Pacific Place Holdings Ltd. - Area 1B -

Beach Neighbourhood Shoreline Licence for

Occupation of Crown Lands - Bed of False Creek File: 5807

October 27, 1998 RTS: 233

MOVED by Cllr. Clarke,

A.THAT Council authorize Pacific Place Holdings Ltd. (formerly Concord Pacific Holdings Ltd.) to apply on behalf of the City of Vancouver to the Province of British Columbia for a Licence to occupy the Licensed Area for the purposes of access, construction and the existence of Shoreline Protection Works on the Licensed Area.

B.THAT , upon completion of the Shoreline Protection Works on the Licensed Area, Council authorize Pacific Place Holdings Ltd. to apply on behalf of the City of Vancouver to the Province of British Columbia to obtain the necessary Statutory Right-of-Way to replace the Licence to occupy.

C.THAT Council authorize the Director of Legal Services to execute all documentation necessary to apply for the Licence and Statutory Right-of-Way and to execute such Licence and Statutory Right-of-Way on terms and conditions satisfactory to the City Engineer and the Director of Legal Services.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

2.1122-1124 Robson Street - Extension of Building

Permit Nos. BU407648 (demolition) and

BU405866 (new construction) File: 2602

October 27, 1998 RTS: 243

MOVED by Cllr. Bellamy,

THAT City Council approve extensions of Building Permit Nos. BU407648 and BU405866 until April 30, 1999.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

ADMINISTRATIVE REPORTS (CONT'D)

3.Demolition of Nuisance/Dangerous Building -

421 Hawks Avenue; Lots 21 and 22, Block 67,

District Lot 181, Plan 196 File: 2701-1

October 21, 1998 RTS: 222

As a delegation request had been received, this report was referred to a Standing Committee meeting on December 3, 1998.

4.Annual Review of Water Rates for 1999 File: 1755

October 21, 1998 RTS: 199

MOVED by Cllr. Bellamy,

A.THAT flat water rates for single dwelling units be increased from $231 to $244 and that other flat water service charges for residential properties (Schedule "B"), charges for metered water service (Schedule "D"), and charges for temporary water service during construction (Schedule "F") be increased by 5.6%, and that the rates as detailed in this report be approved effective January 1, 1999.

B.THAT flat rate connection and removal fees (Schedule "A" and Schedule "A.1"), flat water service charges for unmetered fire service pipes (Schedule "C"), meter service charges (Schedule "E"), and flat rate fees for installation of water meters (Schedule "G") be increased by 1.1% to reflect cost increases including inflation, and the rates as detailed in this report be approved effective January 1, 1999.

C.THAT the Director of Legal Services be instructed to bring forward the necessary amendments to the Water Works By-law for approval.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

ADMINISTRATIVE REPORTS (CONT'D)

5.Self Funded Leave Plan - Exempt Staff File: 1302

November 2, 1998 RTS: 298

MOVED by Cllr. Bellamy,

THAT the City of Vancouver approve a self-funded leave plan for exempt employees and pay $600 a year for administration.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

6.1998 Partners in Organizational Development

Grant Allocation File: 2051

November 3, 1998 RTS: 229

MOVED by Cllr. Clarke,

THAT Council approve an Arts Partners in Organizational Development grant of $15,000 to the United Way of the Lower Mainland for subsequent distribution to seven cultural organizations in the amounts listed in Appendix A of this report, source of funds to be the 1998 Cultural Grants budget.

- CARRIED UNANIMOUSLY

AND BY THE

REQUIRED MAJORITY

ADMINISTRATIVE REPORTS (CONT'D)

7.2023-2029 West 4th Avenue - Proposed Closure of

a Portion of West Fourth Avenue,

West of Maple Street File: 5753

November 3, 1998 RTS: 294

MOVED by Cllr. Bellamy,

A.THAT all those volumetric portions of West 4th Avenue, west of Maple Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 15th day of October 1998, by E.T.Wong, B.C.L.S., and marginally numbered SU-1189, a reduced copy of which is attached as Appendix "A", be closed, stopped-up and that an easement be granted to the owner of abutting Lot G, Block 235, District Lot 526, Plan 21742, to contain the portions of the existing building which encroach onto West 4th Avenue. The easement to be for the life of the encroaching portion of the existing building on said Lot G, and to be to the satisfaction of the Director of Legal Services.

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

- CARRIED UNANIMOUSLY

POLICY REPORTS

1. Supermarkets in Vancouver File: 5340

November 3, 1998 RTS: 198

MOVED by Cllr. Puil,

THAT this report be received for information.

- CARRIED UNANIMOUSLY

POLICY REPORTS (CONT'D)

2.Portside: Comprehensive Development Agreement

(the expansion of the Vancouver Trade and

Convention Centre and the Canada Place Cruise

Ship Terminal and associated development) File: 8109

November 5, 1998 RTS: 208

MOVED by Cllr. Puil,

A.THAT the draft Comprehensive Development Agreement (attached as Appendix A to the Policy Report dated November 5, 1998) specifying, among other things, the land uses, development allowances, design parameters, and public benefit requirements for the expansion of the Vancouver Trade and Convention Centre including:

(i) associated hotel and commercial development and other ancillary uses (sub-areas 1 [a] and 2);

(ii)the extension of the Canada Place cruise ship pier (sub-area 1 [b]); and

(iii)the potential development of the Eastlands (sub-area 3);

be referred to a Public Review Meeting, together with:

(a)plans received from Greystone Properties Ltd., dated September 15, 1998, (attached as Appendix B to the Policy Report dated November 5, 1998) noting that revised drawings shall be submitted prior to the Public Review Meeting and that these will form part of the Comprehensive Development Agreement;

(b)design development conditions (attached as Appendix C to the Policy Report dated November 5, 1998);

(c)the recommendation of the Director of Central Area Planning (City Project Manager for the Planning Work on the Trade and Convention Centre Expansion Program) and the Deputy City Engineer that Council approve the draft Comprehensive Development Agreement and submit it to the Vancouver Port Corporation and the developer for agreement generally in accordance with the draft attached hereto.

cont'd

POLICY REPORTS (CONT'D)

Portside: Comprehensive Development Agreement

(the expansion of the Vancouver Trade and

Convention Centre and the Canada Place Cruise

Ship Terminal and associated development)(cont'd)

B.THAT Council adopt Recommendation A on the following conditions:

(i)THAT the passage of the above resolution creates no legal rights for the applicant or any other person, or obligation on the part of the City; any expenditure of funds or incurring of costs is at the risk of the person making the expenditure or incurring the cost and, without limiting the generality of the foregoing, any development of the subject lands in anticipation of the execution of the Comprehensive Development Agreement shall be at the developer’s own risk and shall not be to the account of the City;

(ii)THAT the City and all its officials, including the Approving Officer, shall not, in any way, be limited or directed in the exercise of their authority or discretion, regardless of when they are called upon to exercise such authority or discretion.

C.THAT the Director of Central Area Planning and Deputy City Engineer work with Greystone Properties Ltd. and Ontrea Inc., the owner of Granville Square, to develop a solution to achieve closure of the Canada Place Way viaduct gap.

D.THAT the City Manager and the Director of Legal Services be authorized to negotiate the final wording and execute a Comprehensive Development Agreement on behalf of the City, provided that the Director of Legal Services is of the opinion that it is substantially similar to the form attached as Appendix A to the Policy Report dated November 5, 1998, and further that the Director of Legal Services be authorized to sign all necessary ancillary agreements including those for subdivision.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1.A By-law to amend By-law No. 5869, being

the Development Permit Board and

Advisory Panel By-law (Amendments to

Composition and Responsibilities of the Board)

MOVED by Cllr. Herbert,

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. Herbert,

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 exempt from taxation certain lands

and improvements pursuant to Section 396 of the

Vancouver Charter (1999 Taxation Exemption By-law

- Seniors Housing)

MOVED by Cllr. Herbert,

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. Herbert,

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)

3.A By-law to amend By-law No. 5563,

being the Electrical By-law (Adoption of 1998 Code)

MOVED by Cllr. Herbert,

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. Herbert,

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)

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

being the Zoning and Development By-law

(1200 Hamilton Street: Rezoning HA-3 to CD-1)

MOVED by Cllr. Herbert,

SECONDED by Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

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

There being no amendments, it was

MOVED by Cllr. Herbert,

SECONDED by Cllr. 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

COUNCILLORS CLARKE, KENNEDY AND PRICE

EXCUSED FROM VOTING ON BY-LAW 4

MOTIONS

A.Closing of volumetric portions of West 4th

Avenue adjacent to 2023-29 West 4th Avenue File: 5807

MOVED by Cllr. Bellamy,

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 Parcel 1, Block 84, District Lot 196, Plan LMP 37445 encroach onto East Georgia Street and Heatley Avenue ;

3.The portions of East Georgia Street and Heatley Avenue encroached upon, abutting said Parcel 1, were dedicated by the deposit of Plan 196 ;

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.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 East Georgia Street and Heatley Avenue 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 196 and included within the bold outline on a Reference Plan, attested to by Brian W. Collins, B.C.L.S., representing a survey completed on October 14th, 1998; marginally numbered 98-300/1; and

BE IT FURTHER RESOLVED THAT all those volumetric portions of East Georgia Street and Heatley Avenue, included within the heavy outlines and illustrated isometrically on a plan of a survey completed on the 14th day of October, 1998, and certified correct by Brian W. Collins, B.C.L.S., and marginally numbered 98-300/2, be closed, stopped-up, and that an easement be granted to the abutting owner of Parcel 1, Block 84, District Lot 196, Plan LMP 37445, to contain the portions of the existing building which encroach onto East Georgia Street and Heatley Avenue. The said easement to be to the satisfaction of the Director of Legal Services.

- CARRIED UNANIMOUSLY

MOTIONS (CONT'D)

B.Establishing Road, East Side Knight Street,

North of 41st Avenue, adjacent to 5608 Knight Street File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

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

All that portion of Lot G, Block 1, District Lot 710, Plan 9725, the same as shown heavy outlined on plan of survey completed on the 4th day of November, 1998, attested to by A. DiNozzi, B.C.L.S., and marginally numbered LD3554;

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

MOTIONS (CONT'D)

C.Establishing Road, East Side Knight

Street, North of 41st Avenue, adjacent to 5592 Knight Street File: 5807

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

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

All that portion of Lot H, 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 4th day of November, 1998, attested to by A. DiNozzi, B.C.L.S., and marginally numbered LD3555;

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

MOTIONS (CONT'D)

D. Approval of Form of Development - CD-1

- 1200 Hamilton Street

MOVED by Cllr. Herbert,

SECONDED by Cllr. Bellamy,

THAT the form of development for the CD-1 zoned site known as 1200 Hamilton Street be approved generally as illustrated in the Development Application No. DE403474 prepared by Hancock Brückner Eng & Wright, and stamped "Received, Planning Department, August 5, 1998", 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

1. Sam Kee Building - Waiver of Encroachment Fees File: 5807

MOVED by Cllr. Don Lee,

SECONDED by Cllr. Bellamy,

WHEREAS the City has a policy of uniformly charging for all encroachments of buildings onto City-owned lands;

AND WHEREAS at its meeting of November 28, 1996 Council agreed to exempt the Sam Kee building from charges for the area that extends under Pender Street by motion as follows:

"The fees for the areaway encroachment at 8 Pender Street be reduced from the current rate to a nominal fee (noting that the overhead bay windows would still be subject to an annual fee of approximately $260.00), and that the fee reduction be retroactive."

AND WHEREAS the City has, since then, ceased charging for the exempted encroachment but continued to charge for encroachments for bay windows, cornices and stairways;

cont'd

MOTIONS (CONT'D)

Sam Kee Building - Waiver of Encroachment Fees (cont'd)

AND WHEREAS the owner now requests fee exemption for all encroachments of the building on City lands;

NOW THEREFORE BE IT RESOLVED that all fees for encroachments of the Sam Kee building onto City lands are hereby waived and that the waiver be retroactive.

- LOST

NOT HAVING RECEIVED

THE REQUIRED MAJORITY

The Meeting was adjourned at 6:25 p.m.

* * * * *


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