CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

FEBRUARY 16, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, February 16, 1999, 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:	Judy Rogers, City Manager
CLERK TO THE COUNCIL:	Ulli S. Watkiss

*Denotes presence during part of the meeting only.

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 matters to be considered “In Camera” later this day.

ITEMS ARISING FROM “IN CAMERA” MEETING
OF FEBRUARY 2, 1999

· 2131 Renfrew Street - Lease of a portion of road for

Children’s Playground at Frog Hollow Neighbourhood House

Council approved renewal of the lease of a portion of road for a five year term, effective December 1, 1997, subject to terms and conditions acceptable to the Manager of Real Estate Services and the Director of Legal Services.

· 5160 Joyce Street - Lease to Joyce Station Area Planning Association

Council approved the lease of 5160 Joyce Street to the Joyce Station Area Planning Association, subject to terms and conditions acceptable to the Manager of Real Estate Services and the Director of Legal Services.

ADOPTION OF MINUTES

1. Regular Council Meeting

(City Services & Budgets)
January 28, 1999

MOVED by Cllr. Puil,
SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting

(Planning & Environment)
January 28, 1999

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

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

3. Regular Council Meeting

February 2, 1999

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

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

4. Regular Council Meeting

(Transportation & Traffic)
February 2, 1999

MOVED by Cllr. Price,
SECONDED by Cllr. Chiavario,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

5. Special Council Meeting

(Public Hearing)
February 2, 1999

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

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

6. Regular Council Meeting

(City Services & Budgets)
February 4, 1999

MOVED by Cllr. Puil,
SECONDED by Cllr. Herbert,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Herbert,

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

- CARRIED UNANIMOUSLY

REPORT REFERENCE

1. 1999 Operating Budget Preliminary Report File: 1605

RTS: 532

Ken Bayne, Comptroller of Budgets and Research, reviewed the recommendations contained in the Administrative Report dated February 9, 1999 and provided a summary of the report’s contents. This report is the first in a series, leading to approval of the Budget by April 30, 1999.

Mr. Bayne explained that since the October 1998 budget discussions, five significant changes have taken place that affect the budget position. These are: the elimination of the Province's equalization grant to the City; the delay in Major Road Network Maintenance Recovery from the GVTA; increases in the Public Safety Budget estimates; the reduction in revenue estimates from the development and building industry; and deferral of the 1998 Debenture Program (this is a temporary deferral and will result in additional costs being considered over the years 2000-2002. Upon review of the preliminary estimates of expenditures and revenues, Mr. Bayne advised there will be a shortfall of $15.4 million, which is an indicated tax increase of 4.4%.

Council was offered a range of options for completing development of the 1999 Operating Budget, including a series of revenue and expenditure program proposals developed by the Corporate Management Team.

MOVED by Cllr. Puil,

A. THAT the preliminary estimates of the 1999 Operating Budget, as summarized in the Administrative Report dated February 9, 1999 and in Appendix 1 of the report, be received for information.

B. THAT the budget initiatives detailed in Appendix 2 and reflected in the current budget position, including changes to the On-Street Parking Program ($250,000 net revenue) and elimination of the By-Law Fines Pre-Collection Service ($110,000 expenditure reduction) be approved.

C. THAT the preliminary estimates be referred back to the Corporate Management Team and the Budget Office for detailed review and report back, and THAT this review be focused on:

- bringing departmental budgets within appropriate target levels, reflecting only the cost of providing 1998 service levels at 1999 costs.
- removing any supplemental requests that reflect increased service levels or new programs or staffing and instruct departments to bring these requests to Council for consideration, with appropriate offsettingexpenditure reductions or revenue increases.

D. THAT the Director of Finance, in consultation with the Corporate Management Team, report back to Council with the interim estimates and a plan for bringing the budget into balance.

E. THAT the targeted level of the general purpose tax increase be 3.4%, and that the proposals on expenditure program changes (Appendix 3) submitted by the Corporate Management Team be considered by Council at the meeting of City Services and Budgets Committee on February 25, 1999.

F. THAT a review of the City's core services be undertaken for the year 2000 budget.

- CARRIED UNANIMOUSLY

2. Budget Allocation Survey - Update File: 1605

Council received a report reference from Lorraine McDonald, MarkTrend Research on the results of the 1999 Operating Budget Allocation Study (on file City Clerk’s Office), requested by Council in January 1999.

Ms. McDonald reviewed the objectives of the survey and provided an explanation of the results compared to the results of a similar survey conducted for the City in 1997. It was concluded that the public remains positive toward the quality of City Services, is generally satisfied with the level of municipal taxation, and is willing to accept a combination of targeted service level changes and property tax increases exceeding local inflation to balance the budget.

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The Council recessed at 4:15 p.m., and, following an “In Camera” meeting in the
Mayor’s Office, reconvened in open session at 5:35 p.m., with all members present.
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3. City Response to White Paper on Gaming File: 2633-1

RTS: 540

Jacquie Forbes-Roberts, Director of Community Planning, provided Council members with a review of the Policy Report dated February 16, 1999, and the recommendations contained therein. The report and attached Discussion Paper entitled “Key Implications ofthe Province’s White Paper on Gaming” presented a summary of the proposed new Provincial gaming legislation and its implications for the City of Vancouver.

Ms. Forbes-Roberts advised that the proposed legislation will have a very serious impact, eliminating the City’s ability to control the expansion and relocation of Vancouver’s five existing casinos, including the addition of slot machines. Given Council's stand on this issue in the past and the public response to this issue, staff recommended a public consultation process be undertaken immediately and the report be widely distributed. Amendments to the City’s current guidelines regarding the approval of casinos were also recommended.

----
At this point in the proceedings, Councillor Price left the meeting.
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Jeff Brooks, Director of Community Services - Social Planning, addressed the social and policing implications of increased gaming facilities, particularly those with slot machines, noting that Police Chiefs throughout the province have stated they are opposed to increased opportunities for gambling. Social costs associated with problem gamblers are very high and will be borne by all taxpayers.

MOVED by Cllr. Kennedy,

A. THAT Council receive for information the City of Vancouver’s Discussion Paper - “Key Implications of the Province’s White Paper on Gaming” attached as Appendix A to the Policy Report dated February 16, 1999, outlining the proposals and implications of the proposed new Provincial gaming legislation, and that the report be sent to all Vancouver M.P.’s and M.L.A.’s and the U.B.C.M. for circulation to member municipalities.

B. THAT the City undertake a public consultation process as outlined in the Policy Report dated February 16, 1999 to obtain citizen input to Council’s response to the Provincial “Report on Gaming Legislation and Regulation in British Columbia” by March 15, 1999.

C. THAT Council allocate a maximum of $15,000 from the Contingency Reserve to fund the public information and consultation process.

D. THAT the “Casino - Class 1 Guidelines”, adopted by Council October 7, 1997, which include relocation and size guidelines, be amended to include the following additional guideline:

“Until the Provincial Government enacts new gaming legislation, and City Council has been advised by staff of the impacts of the legislation on gaming in the City, no expansion in size or relocation of the existing casinos should bepermitted.”

E. THAT the Mayor, on behalf of Council, write to the Provincial Government seeking an extension to the deadline for responses on the White Paper, from March 15 to April 15, 1999, so that communities are provided with an appropriate time frame in which to consult and determine the implications of this White Paper.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

UNFINISHED BUSINESS

1. Co-management Principles: Major Road Network

This item has been re-scheduled to February 23, 1999.

ADMINISTRATIVE REPORTS

1. Local Improvement Reballot File: 5802

from December 1, 1998, Court of Revision RTS: 494
January 26, 1999

MOVED by Cllr. Bellamy,

THAT Court #587, Item #003, NOT BE APPROVED for lane lighting on the lane east of Carnarvon Street from the lane south of West King Edward Avenue to the lane north of West 27th Avenue and the lane south of West King Edward Avenue from Carnarvon Street to the lane east of Carnarvon Street and the lane north of West 27th Avenue from Carnarvon Street to the lane east of Carnarvon Street.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

2. Form of Development: 980 West 28th Avenue File: 5308

DE402951 - CD-1 By-law Number 5091 RTS: 497
Owner of Development: Crown Provincial/University of B.C.

MOVED by Cllr. Clarke,

THAT, subject to enactment of the text amendment to the CD-1 By-law later this day, the form of development for this portion of the CD-1 zoned site known as 4500 Oak Street -The Children’s and Women’s Health Centre of British Columbia (980 West 28th Avenue being the application address) be approved generally as illustrated in the Development Application Number DE402951, prepared by Musson Cattell Mackey Zeidler Architects/SAL Architects and stamped “Received, City Planning Department October 8, 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

(Councillor Price absent for the vote)

3. Grant Allocations of 1999 Community File: 2201

Safety Funding Program RTS: 485
February 3, 1999

MOVED by Cllr. Kennedy,

THAT Council approve 19 grants totalling $300,000, as listed in Appendix A of the Administrative Report dated February 3, 1999, including conditions on the grants, with cost to be shared on a 50/50 basis between the City and the Province. The source of funds for the City’s portion to be the 1999 Other Grants Budget, to be approved in advance of approval of the 1999 Operating Budget.

- CARRIED UNANIMOUSLY
AND BY THE REQUIRED
MAJORITY

(Councillor Price absent for the vote)

POLICY REPORTS

1. CD-1 Rezoning - 1302-1322 East 12th Avenue File: 5308

January 20, 1999 RTS: 490

MOVED by Cllr. Bellamy,

THAT the application by Urban Design Group Architects Ltd., to rezone 1302-1322 East 12th Avenue (Lot H of A, Block 17, District Lot 264A, Plan LMP11981) from CD-1 Comprehensive Development District to RT-5N Two-Family Dwelling District be referred to a Public Hearing;

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

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

2. CD-1 Text Amendment - 1530 East 22nd Avenue File: 5308

January 27, 1999 RTS: 448

MOVED by Cllr. Bellamy,

THAT the application by Rev. Margaret Marquardt, on behalf of St. Margaret’s Cedar Cottage Anglican Church, to amend CD-1 By-law No. 7092 for 1530 East 22nd Avenue (Lot B reference plan 610, Block 6, D.L. 352, Plan 219) be referred to a Public Hearing, together with:

(i) a draft amending by-law to add the use “Child Day Care Facility” generally as shown in Appendix A of the Policy Report dated January 27, 1999;

(ii) the recommendation of the Director Central Area Planning, on behalf of Land Use & Development, to approve; and

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

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

3. CD-1 Text Amendment - File: 5307

2855 Sophia Street and 296 East 12th Avenue RTS: 501
January 27, 1999

MOVED by Cllr. Don Lee,

THAT the application by Hywel Jones, Architect, to amend CD-1 By-law No. 7655 for 2855 Sophia Street and 296 E 12th Avenue (Pcl 1, Block 114, DL 301, Plan LMP 25293 & Lot 1, Block 114, DL 301, Plan LMP 25725) to allow Special Needs Residential Facility -Congregate Housing as a permitted use for this site, be referred to a Public Hearing, together with:

(i) plans received November 3, 1998;

(ii) draft CD-1 By-law amendments, generally as contained in Appendix A of the Policy Report dated January 27, 1999; and

(iii) the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve, subject to conditions contained inAppendix B of the Policy Report dated January 27, 1999; and

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

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

OTHER REPORTS

I. Report of Vancouver Liquor Licensing Commission

January 28, 1999

M.V. Magic Moment - David C. Kane
Class ‘A’ (Motor Vessel) Liquor License
Clause 1 File: 2612-2

MOVED by Cllr. Kennedy,

THAT Council endorse the request by David C. Kane for a Class ‘A’ (Motor Vessel) liquor license on board the M.V. Magic Moment, subject to Liquor Control and Licensing Branch circular number 552, at this time.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

175 Robson Street - Class ‘A’ Lounge
New Hotel: Canada House on Robson Ltd.
Clause 2 File: 2612-9

MOVED by Cllr. Kennedy,

THAT Council endorse the request from Canada House on Robson Ltd., for a Class ‘A’ Lounge liquor license with 150 seats and a 37-seat patio on private property in a new hotel at 175 Robson Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to:

i. The patio closing at 11:00 p.m.
ii. A time-limited Development Permit.
iii. A signed Good Neighbour Agreement, prior to the issuance of the business license.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

800 Griffiths Way - General Motors Place
Orca Bay Arena Corporation: Manufacturer’s License (Brewery)
Clause 3 File: 2616-4

MOVED by Cllr. Kennedy,

THAT Council endorse the request by Orca Bay Arena Corporation for a Manufacturer’s License (Brewery) in the Class ‘E’ Stadium at General Motors Place, 800 Griffiths Way, subject to:

i. A signed Good Neighbour Agreement prior to issuance of the business license.
ii. No off premise sales unless the applicant applies for and is granted a rezoning approval of the CD-1 By-law permitting “Brewing or Distilling” as an allowable use.
iii. No retail off-sales from the premises.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

3560 Fraser Street Restaurant - Class 2
Durham Developments Ltd.
Clause 4 File: 2613-8

MOVED by Cllr. Kennedy,

THAT 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

(Councillors Price and Puil absent for the vote)

1234 Kingsway - Relocation of Class ‘D’ Neighbourhood Pub
Leon Hotel Ltd. (Quincy’s Pub and Bistro)
Clause 5 File: 2615-3

MOVED by Cllr. Kennedy,

THAT Council endorse the request by Leon Hotel Ltd., doing business as Quincy’s Pub and Bistro, to relocate the Class ‘D’ Neighbourhood Pub, to 1234 Kingsway from 3728 Clark Drive and retain the current 100-seats plus an additional 20 seats on a patio, havingconsidered the support of residents and business operators of the community as determined by neighbourhood notification and subject to the following:

i. A time-limited Development Permit.
ii. The patio closing at 10:00 p.m.
iii. A signed Good Neighbour Agreement, prior to the issuance of the business license.
iv. A Legal Agreement with the property owner of the existing Class ‘D’ Neighbourhood Pub site at 3728 Clark Drive to the satisfaction of the Chief License Inspector and the Director of Legal Services that any new liquor licensed premises would require appropriate municipal approval.

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

Licensed Premises - Extension of Tolerance Period
Clause 6 File: 2611

MOVED by Cllr. Kennedy,

THAT clause 6 of this report be received for information.

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

Impacts of Inspections by the Provincial
Liquor Control and Licensing Branch
Clause 7 File: 2611

MOVED by Cllr. Kennedy,

THAT clause 7 of this report be received for information.

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

ADOPT REPORT OF COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

BY-LAWS

1. A By-law to amend By-law No. 5091 being a By-law

which amended the Zoning and Development By-law
by rezoning an area to CD-1 [4500 Oak Street
(Children’s and Women’s Health Centre)]

MOVED by Cllr. Don Lee,
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. Don Lee,
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 Price and Puil absent for the vote)

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

2. A By-law to amend By-law No. 6510 being the Sign By-law

[1001 Hornby Street, 1050 & 1088 Burrard Street (Wall Centre)]

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Herbert,

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. Bellamy,
SECONDED by Cllr. Herbert,

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 absent for the vote)

3. A By-law to amend By-law No. 6135, being the Building Board of

Appeal By-law (By-law No. 6135 -Building Board of Appeal By-law)

MOVED by Cllr. Don Lee,
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. Don Lee,
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 Price and Puil absent for the vote)

MOTIONS

A. Establishing Road, East Side Prince Edward Street,

North of 43rd Avenue, adjacent to Mountain View Cemetery File: 5807

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

WHEREAS the City of Vancouver is the registered owner of Parcel Identifier 015-146-286, Block 15, District Lot 642, Plan 733A;

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 Block 15, District Lot 642, Plan 733A, Group One, New Westminster District, shown in heavy outline on plan of survey completed on the 30th day of July 1998, attested to by J.W.Larson, B.C.L.S., and marginally numbered LD3529, be hereby established for road purposes and declared to form and constitute portion of road.

- CARRIED UNANIMOUSLY

(Councillors Price and Puil absent for the vote)

ENQUIRIES AND OTHER MATTERS

1. Bicycle Storage - 1003 Burnaby Street File: 2604

Councillor Kennedy, on behalf of Councillor Price, advised that a letter of complaint had been received regarding the lack of bicycle storage in the new “Milano” building, 1003 Burnaby Street. Apparently the owners of the building have not included bicycle storage space as previously agreed upon. City building inspectors are aware of this complaint.

The Mayor agreed that staff would be asked to investigate this matter.

Council adjourned at 6:50 p.m.

* * * * *

(c) 1998 City of Vancouver