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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES
COURT OF REVISION

JUNE 22, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, June 22, 1999, at 7:30 p.m., in the Council Chamber, third floor, Vancouver City Hall.

PRESENT: Mayor Philip Owen

Councillor Don Bellamy
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT: Councillor Nancy Chiavario (Leave of absence)

Councillor George Puil

CLERK TO THE
COUNCIL: Larry Cantrell

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy
SECONDED by Cllr. Herbert

THAT this Council resolve itself into a Court of Revision for the purpose of hearing complaints against the proposed assessments or the accuracy of frontage measurements, or any other complaint which persons interested may desire to make and which is by law cognizable by the Court, Mayor Owen in the Chair.

- CARRIED UNANIMOUSLY

COURT OF REVISION

LOCAL IMPROVEMENTS

Projects by Petition Court #590

Lane Lighting
Pavement, Curbs, Trees and Bulges - Higher Zoned
Pavement, Curbs, Trees and Bulges - Local Residential
Lane Pavement - Local Residential
Speed Humps
Trees Only
Traffic Circle

Projects by Initiative Court #591

Lane Lighting
Pavement, Curbs, Trees and Bulges - Higher Zoned
Pavement, Curbs, Trees and Bulges - Local Residential
Lane Pavement - Local Residential
Speed Humps
Pedestrian Collector Sidewalks

Before Council was a report from the Collector of Taxes with respect to Local Improvement Courts of Revision Numbers 590 and 591.

COURT NUMBER 590 - PROJECTS BY PETITION, June 22, 1999

The Collector of Taxes certified that the projects in this report had been requested by the majority of the assessed owners by means of a sufficiently signed petition; however, in an appendix, the Collector noted that for Item 046, three signatures had been withdrawn and one added, resulting in the final tally of signatures for Project 046 being two short of the required amount. It was recommended that Item 046 be reballotted.

COURT NUMBER 591 - PROJECTS BY INITIATIVE, June 22, 1999

In the report of the Collector of Taxes, it was certified that Items Number 017, 018, 019, 020, 021, 026, 030, and 031 were objected to by at least more than one-half the owners of the properties who represent at least more than one-half the total value of all the properties on each project. These projects were, therefore, defeated.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Sullivan

THAT the report of the Special Assessment Roll for Courts Number 590 and 591, submitted by the Collector of Taxes, dated June 22, 1999, be approved, with the corrections and changes as noted herein.

- CARRIED UNANIMOUSLY

RISE FROM COURT OF REVISION

MOVED by Cllr. Bellamy
SECONDED by Cllr. Kennedy

THAT the Court of Revision rise and report.

- CARRIED UNANIMOUSLY

COUNCIL

RECEIVE REPORT OF COURT OF REVISION

MOVED by Cllr. Don Lee
SECONDED by Cllr. Bellamy

THAT the report of the Court of Revision be received.

- CARRIED UNANIMOUSLY

General Manager of Engineering Services' Administrative Report
Local Improvements Subsequent Procedure - June 22, 1999

Prior to considering the recommendations in the Administrative Report dated June 3, 1999, delegations were heard and actions taken as follows:

Court Number 590

Project No. 590/003

Philip Belanger, 2500-block Brock Street, appeared in support of the proposal.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Kennedy

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/005

Steve McKenna, 600-block East 26th Avenue, said that while he was not opposed to the lighting project, he did have concerns about the placement of a light fixture immediately outside his bedroom window.

City staff advised that currently available forms of shielding will greatly alleviate the problem.

Councillor Clarke suggested that staff provide Mr. McKenna with the locations of some of the shielded lighting fixtures now in place so that he may see their effectiveness.

MOVED by Cllr. Don Lee
SECONDED by Cllr. Clarke

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/008

Henry Matus, 8300-block Selkirk Street, appeared in support of the project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Daniel Lee

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/010

Lorea Whelan, 700-block West 24th Avenue, appeared in support of the project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Kennedy

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/011

Kushma Sami, 1700-block East 33rd Avenue, appeared in support of the project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Sullivan

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/012

Eileen Hay, 3500-block West 38th Avenue, appeared in support of this project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Price

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/018

Elizabeth Norris, Local Improvements Clerk, advised Council that although there had been late withdrawals of approvals, the number of approvals from property owners remains equal to the required amount.

Reverend Beddows of the Christian Apostolic Church, 6000-block St. George Street and 400-block East 44th Avenue, appeared in support of the project. He informed Council that the Church had already paid its full share in a previous project and asked whether any form of financial relief was available to it.

Project No. 590/018 (cont'd)

Elizabeth Norris advised that the project at hand involves only frontage space for the Church and that no relief is available for frontage space. In response to a question from Reverend Beddows concerning whether the Church had claimed the appropriate relief due to it on the earlier project, Ms. Norris indicated she would provide an answer after examining the records of the matter.

Lois Jeffery, 400-block East 44th Avenue, appeared in support of the project.

Rene Beland, 5900-block Prince Edward Street, appeared in opposition to the project. Mr. Beland had concerns about the cost of the project, which he considered to be excessive, and about loss of trees.

Peter Bremner, Greenways and Local Improvements Engineer, advised that no trees are to be removed and that, in fact, some trees will be added.

Nenita Alojado, 400-block East 44th Avenue, appeared in opposition to the project, expressing concern about the overall cost and the annual tax increase.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Daniel Lee

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/026

Custodio Otilia, 3000-block Clark Street, appeared in support of the project, stating that he liked the proposed improvement to the lane but also that he had concerns about the garbage that accumulates in the lane.

The Mayor advised Mr. Otilia that someone from the Engineering Department would be looking into the matter of the garbage.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Don Lee

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/028

Daniel Lo, representing New Life Chinese Lutheran Church, 6200-block Main Street, appeared in support of the project.

MOVED by Cllr. Don Lee
SECONDED by Cllr. Bellamy

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/031

Edith Fieldhouse, 5200-block Ross Street, appeared in opposition to the project. Ms. Fieldhouse expressed concerns about water draining from the lane causing damage to her property.

Piotr Lutynski, 5200-block Sherbrooke Street, appeared in opposition to the project. He also expressed concerns about drainage, emphasizing the special topography of the area affected by this project.

Bertha Dixon appeared in opposition to the project, with concerns about drainage.

Peter Bremner advised that the lane will be so designed as to carry water drainage away along its centre-line, not to spill it off onto adjacent properties. Mr. Bremner assured the speakers that special attention will be given both to design of this lane and that construction will be carried out with care and a special watch for problems. Drain tiles will be installed where appropriate. In response to a comment from a Councillor, Mr. Bremner confirmed that the costs of any such drain tiles will not lead to additional costs to affected property owners.

In addition to his concerns about water drainage, Mr. Lutynski noted that numerous small children live and play near the lane, suggesting that when the lane is paved, automobiles will speed along it to the general detriment of safety. He suggested that speed humps be included in the basic lane paving package.

Mr. Bremner said that traffic counts will be carried out for the lane and consideration given to initiating speed humps.

Project No. 590/031 (cont'd)

MOVED by Cllr. Bellamy
SECONDED by Cllr. Sullivan

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/033

Donald Reed, 4300-block St. Catherines Street, appeared in support of the project.

MOVED by Cllr. Don Lee
SECONDED by Cllr. Bellamy

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/034

Judith Pilley, Sydney Pilley and Edward Rashleigh, 5900-block Elm Street, appeared in opposition to the project.

Elizabeth Norris reported that signatures supporting the project had been withdrawn, bringing the number of approvals to less than the required number.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Kennedy

THAT this project be re-balloted.

- CARRIED UNANIMOUSLY

Project No. 590/035

Kin Leong, 3200-block Queens Street, appeared in support of the project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Daniel Lee

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/036

Lisa Raverty, 3300-block West 10th Avenue, asked these questions:

· In view of her concerns about water flow, would this project improve drainage from back yards?
· What will be done about cars speeding down the newly paved lane to avoid the intersection of 10th and Blenheim?
· Can a "No Left Turn" sign be put in the lane?

Peter Bremner responded by saying that drainage tiles will be installed with this project to improve drainage. Speed humps are part of the plan for this lane and appear as Project 590/040 before this Council. With regard to the sign, Mr. Bremner advised that he will have to consult with the Streets Division of the Engineering Department before he can provide an authoritative answer.

Ms. Raverty stated that she would withdraw her approval of the project until full answers to her questions are provided. This withdrawal reduced the number of approvals from property owners below the required number.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Don Lee

THAT this project be re-balloted.

- CARRIED UNANIMOUSLY

Project No. 590/038

Kathleen Wong, 2700-block East 25th Avenue, appeared in support of the project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Herbert

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 590/042

John Mee, 1900-block West 36th Avenue, appeared in opposition to the project, expressing concern about the location of a speed hump.

Project No. 590/042 (cont'd)

Elizabeth Norris reported that an approval had been withdrawn, reducing the number of approvals from property owners below the required amount.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Don Lee

THAT the project be re-balloted

- CARRIED UNANIMOUSLY

Project No. 590/045

Elizabeth Norris informed Council that approvals had been withdrawn to the extent that are no longer the required number of approvals from property owners.

Karl Stahl, 4000-block West 31st Avenue, appeared in opposition to the project, pointing out that stop signs have been installed which make the proposed traffic circle unnecessary.

William Bees, 4000-block West 31st Avenue, appeared in support of the project. Mr. Bees observed that the traffic signs do not reduce traffic at 37th and Crown and that the proposed traffic circle is still needed.

Peter Bremner recommended that the project be re-balloted.

Rudy Roelofson, 4000-block West 31st Avenue, appeared in opposition to the project but did not speak, owing to the recommended re-balloting.

MOVED by Cllr. Kennedy
SECONDED by Cllr. Bellamy

THAT this project be re-balloted

- CARRIED UNANIMOUSLY

Project No. 590/046

Council noted that as shown in the in the Report of the Collector of Taxes and the Late Report for Court 590, the net effect of withdrawals of signatures and addition of new approvals has been to reduce the number of approvals on hand to less than the required amount, with a recommendation to re-ballot appearing in the Late Report.

Project No. 590/046 (cont'd)

Geoffrey Edwards, 4000-block West 37th Avenue, appeared in support of the project. Mr. Edwards described the increased traffic in the area, largely attributable to UBC and local schools. He suggested that stop signs alone are not adequate and that the proposed traffic circle provides a far more effective response to the safety issues arising from the increased traffic.

George Heinmiller, 3900-block West 37th Avenue, appeared in support of the project. Mr. Heinmiller indicated that the recent and unanticipated installation of stop signs in the area had "blindsided" the advocates of this project and undercut support for it. He requested that Council approve this project despite the lack of the required number of signatures, rather than re-ballot it.

Frances Fiorillo, 3900-block West 37th Avenue, appeared in support of the project. Ms. Fiorillo criticized the failure of communications between sections of the City government which led to the unexpected appearance of the stop signs and the undermining of the efforts of advocates to get signatures for the traffic circle. She opposed re-balloting.

Vincent Loo, 3900-block West 37th Avenue, appeared in opposition to the project. Mr. Loo commented on the unfamiliarity of many Vancouver drivers with traffic circles and the hazards that can arise from such unfamiliarity.

Doug Louie, Assistant Neighbourhood Transportation Engineer, noted that the Engineering Department has not given a high priority to the 37th and Crown as a location for a traffic circle, ranking it at about number 200 out of 250 potential sites. The stop signs had been added recently to enhance the overall safety of he neighbourhood.

Councillor Clarke called for improved communication between the Transportation Division and Local Improvements in order to avoid any future perceptions of the two groups working at cross-purposes.

MOVED by Cllr. Clarke
SECONDED by Cllr. Herbert

THAT this project be re-balloted.

- CARRIED UNANIMOUSLY

Court Number 591

Project No. 591/005

Jack Daley, for DAL-Hal Holdings, 1400-block Frances Street, appeared in opposition to the project. Mr. Daley expressed concerns about loss of parking spaces and about whether a dumpster would be allowed to remain.

Peter Bremner reported that parking will be allowed on both sides of the wider half of the block and on one side of the narrower half. It is intended to maximize parking to the greatest practical extent. Mr. Bremner said that he will look into the site with the intention of having a place for the dumpster, if possible.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Daniel Lee

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 591/013

John Chow, 1400-block West 64th Avenue, appeared in support of the project, but he requested that the location of a speed hump be changed.

Peter Bremner indicated that there is some limited latitude in locating speed humps. He will work with Mr. Chow on the location of the humps.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Kennedy

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 591/015

Ken Wong, 2200-block West 41st Avenue, appeared in support of the project. Mr. Wong drew attention to the location of a speed hump just in front of a tenants' loading zone which he believes will cause great inconvenience. He requested that the hump be moved.

Peter Bremner indicated that the hump may be moved from the centre to the west side of Mr. Wong's property.

Project No. 591/015 (cont'd)

MOVED by Cllr. Bellamy
SECONDED by Cllr. Sullivan

THAT this project be approved.

- CARRIED UNANIMOUSLY

Project No. 591/029

Garth Burnside, representing Varsity Automotive, the only affected property owner, 2800-block Arbutus, appeared in opposition to the project.

MOVED by Cllr. Bellamy
SECONDED by Cllr. Don Lee

THAT this project be defeated.

- CARRIED UNANIMOUSLY

Council then considered the Administrative Report dated June 3, 1999.

MOVED by Cllr. Clarke
SECONDED by Cllr. Price

That Recommendations A and B of the General Manager of Engineering Services, as contained in the administrative Report dated June 3, 1999, and quoted below, be approved, taking into account the specific actions taken this day:

A. THAT the projects "by petition" in Court #590 be approved.

B. THAT projects by "Initiative Principle" in Court #591 be approved except for the defeated items as listed in this report.

- CARRIED UNANIMOUSLY

The Council meeting was adjourned at 9:05 p.m.

* * * * *

(c) 1998 City of Vancouver