CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

JULY 27, 1999

A Regular Meeting of the Council of the City of Vancouver was held on Tuesday, July 27, 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: Gail Johnson

*Denotes presence during part of the meeting

PRAYER

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

"IN CAMERA" MEETING

Council was advised there were matters to be considered “In Camera” later this day.

ITEMS ARISING FROM THE “IN CAMERA” MEETING
OF JULY 20, 1999 (CONT’D)

… New Lease for the premises at 900-910 Pacific Avenue

Council approved a new five year lease of the premises at 900-910 Pacific Avenue for the Kettle of Fish Restaurant.

… Demolition of Vacant Buildings at 1615 Main Street

Council approved the demolition of the vacant buildings on City-owned site at 1615 Main Street.

… Vancouver Public Library Board - Vacancy

Council approved the appointment of Blair L. Qualey to fill a vacancy on the Vancouver Public Library Board.

… 555 Carrall Street - Lease to SUCCESS

Council approved the lease of 555 Carrall Street to the United Chinese Enrichment Services Society (SUCCESS) for a health care facility.

ADOPTION OF MINUTES

1. Regular Council Meeting

(City Services & Budgets)
July 8, 1999

MOVED by Cllr. Puil,
SECONDED by Cllr. Clarke,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

2. Regular Council Meeting

(Planning & Environment)
July 8, 1999

MOVED by Cllr. Clarke,
SECONDED by Cllr. Kennedy,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

3. Regular Council Meeting

(Transportation & Traffic)
July 20, 1999

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

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

4. Regular Council Meeting

(With the exception of the ‘In Camera’ portion)
July 20, 1999

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Chiavario,

THAT the foregoing Minutes be adopted.

- CARRIED UNANIMOUSLY

5. Special Council Meeting

(Champlain Mall)
July 20, 1999

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

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. SkyTrain Alignment West of Commercial Drive File: 5559/RTS: 914

July 23, 1999

Jane Bird, Manager, Rapid Transit Project, reviewed the information contained in the Administrative Report dated July 23, 1999, which sought Council’s selection of a preferred alignment option, describing the option in the context of the “SkyTrain Negotiator’s Agreement on cost-Sharing and Construction of SkyTrain Extensions”, executed by the Province and TransLink on June 20, 1999. The purpose of the Report Reference was to:

… recommend a SkyTrain alignment from the approved Commercial station location on the north bank of the Grandview Cut, immediately east of Commercial Drive, to an underground station in the vicinity of Main and Broadway via the Finning lands in the False Creek Flats.

… compare the original SkyTrain alignment in a tunnel under Broadway with the alternative alignment via the Finning lands, between the two common points: starting at the new Commercial Station and ending at a terminus at Main (at Broadway), on the basis of land use, transportation, cost and other relevant criteria.

Ms. Bird emphasized that the Negotiator’s Agreement provides that a decision on the preferred alignment option for the segment of the SkyTrain extension from Commercial Drive to Vancouver City College will be made by July 31, 1999.

Also before Council was a memorandum dated July 27, 1999 from the Director of Current Planning which clarified one aspect of the SkyTrain alignment through the Finning site, and provided an additional recommendation for Council to consider if it was inclined to endorse the north alignment.

MOVED by Cllr. Price,
A. THAT in response to the Negotiator’s Agreement, Council prefers in principle the North Alignment from the Commercial station through the Grandview Cut to the north side of Vancouver Community College as shown generally in Appendix A of the Administrative Report dated July 23, 1999.

B. THAT Council’s preference in Recommendation A assumes the SkyTrain alignment will continue from the station on the north side of VCC, through the Finning site to a second station on the Finning site, to a tunnel portal in the vicinity of Prince Edward Street, and continue to an underground station in the vicinity of Main and Broadway as shown in Appendix A-1 (the “Finning to Main Extension”) of the Administrative Report dated July 23, 1999.

C. THAT Recommendation A is conditional upon Rapid Transit Project2000 by September 30 , 1999 unless the City agrees to an extension to that date:

1. completing the preliminary engineering work and finalizing the cost estimates for the Finning to Main Extension.

2. achieving an agreement with Finning and Burlington Northern Santa Fe Railway, with input from the City of Vancouver, as to the precise alignment and related design issues for the Finning to Main Extension.

3. receiving Provincial approval to fund the Finning to Main Extension.

4. engaging in a public consultation process as to the design implications of the North Alignment including the segment in the Grandview Cut and the Finning to Main Extension.

5. achieving agreement with TransLink on this issue and other regional issues contemplated in the Negotiator’s Agreement,

and THAT the Manager, Rapid Transit be directed to seek a memorandum of understanding with Rapid Transit Project2000 to that effect, and THAT the City Manager be authorized to enter into such memorandum.

D. THAT the Manager, Rapid Transit, in consultation with the Manager of Engineering Services and the Director of Central Area Planning, report back to Council if the items set out in Recommendation C are not likely to be achieved by September 30, 1999.

E. THAT if the items set out in Recommendation C are not achieved, and it appears from the advice of staff as set out in Recommendation D that Council’s assumption in expressing its preference is incorrect, then Council prefers the South Alignment, under Broadway to VCC, as shown in Appendix A of the Administrative Report dated July 23, 1999.

F. THAT Council acknowledge that the issue of the North Alignment, particularly the Finning to Main Extension, is one of several interrelated regional issues contemplated by the Negotiator’s Agreement and that several of those issues, including the station at Lougheed Mall, require a level of certainty similar to that contemplated in Recommendation C.

G. THAT the City supports TransLink in its efforts to achieve early certainty around the issues contemplated in the Negotiators Agreement, and requests TransLink to incorporate Recommendation C into its regional negotiations.

H. THAT while the results of the joint Phase 2 Study to determine a route, technology and a western terminus will not be available for Council’s consideration until late fall of 1999, the Negotiator’s Agreement provides for cost sharing of SkyTrain technology only, and therefore Council requests Rapid Transit Project2000 undertake the preliminary engineering work required to complete the cost estimates for SkyTrain technology underground from a station in the vicinity of Main and Broadway to Arbutus Street in order that a timely decision can be made as to an end point.

I. THAT Recommendation A and B assume the SkyTrain alignment through the Finning site will be below finished grade and covered, leading to its connection to a tunnel portal in the vicinity of Prince Edward Street, as more particularly described in Appendix B of the Administrative Report dated July 23, 1999.

- CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Form of Development and Community Amenity Contribution
3200 East 54th Avenue (Champlain Mall) File: 2605

At a Special Council Meeting on July 20, 1999, Council, upon the hearing of speakers, passed the following Motion:

THAT a decision on the Form of Development and Community Amenity Contribution for 3200 East 54th Avenue (Champlain Mall) be referred to the Vancouver City Council meeting of July 27, 1999; and

FURTHER THAT staff be requested to meet with the developer and report back with information on the feasibility of providing a seniors centre at Champlain Mall including options for its operation and maintenance.

Accordingly, the following materials were before Council for consideration:

… Administrative Report dated June 10, 1999, regarding Form of Development -3200 East 54th Avenue;
… Policy Report dated July 9, 1999, regarding Community Amenity Contribution for 3200 East 54th Avenue;
… Memorandum dated July 27, 1999 from the Director of Current Planning responding to the request of Council for further information.

Larry Beasley, Director of Current Planning, provided a review of the recommendations included in the Reports and of the issues involved with this redevelopment. He clarified that the developer and the Deputy City Manager converted the original ‘turnkey’ proposals for the school and community centre to cash contributions in an attempt to control the overall value of the CAC to a level they could predict and afford. After consideration of all information provided in the report and in the new memorandum, Mr. Beasley explained that staff still feel the existing proposal offered by the developer for the Community Amenity Contribution remains the most prudent, and that many considerations support location of more seniors’ activities in the Champlain Heights Community Centre.

MOVED by Cllr. Puil,

THAT the form of development for the CD-1 zoned site known as 3200 East 54th Avenue be approved generally as illustrated in the Preliminary Development Application Number DE403146, prepared by W.T. Leung Architects Inc. and stamped “Received, City Planning Department, January 7, 1999 ”, 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

MOVED by Cllr. Puil,
A. THAT the proposed conditions of approval for the form of development for 3200 East 54th Avenue (Champlain Mall) include acceptance of a Community Amenity Contribution (CAC), details of which are outlined in this report and subject to further discussion and incorporation in an agreement to the satisfaction of the City Manager and the Director of Legal Services, in consultation with relevant Departments.

This being in addition to Development Cost Levies (DCLs) expected to be paid under the proposed City-wide DCL By-law scheduled to be operative as of January 28, 2000 at the rate of $26.91 per m¾ ($2.50 per sq. ft.).

B. THAT the City apply DCL funds collected pursuant to the City-wide DCL By-law noted in Recommendation 2 to the following capital projects being provided on or related to this site by the developer in accordance with the following:

(i) a contribution not to exceed $233,228 towards the cost of establishing the Champlain Heights Community Centre day care facility (at a rate of $1,696 per m¾ [$150 per sq. ft.] x 137.58 m¾ [1,480 sq. ft.]); and

(ii) a contribution not to exceed $230,000 towards the cost of development of park land in the residential component of the project, for which the City will be granted a right-of-way for full public access and use of the space.

These City contributions are payable when sufficient DCL contributions are made by the developer.

C. THAT when approved, the DCL for this development remain at $26.91 per m¾ ($2.50 per sq. ft.) until the development is completed.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Puil,

THAT Recommendation A be understood to include that the City accept the $300,000 cash contribution and that Council decide how these funds are to be used.

- amended

AMENDMENT MOVED by Cllr. Chiavario,

THAT Councillor Puil’s motion regarding the $300,000 cash contribution be amended to stipulate that the contribution will not be considered for the School Board.

- CARRIED

(Councillors Clarke, Don Lee, Price, Sullivan and the Mayor opposed)

MOTION AS AMENDED

THAT Recommendation A be understood to include that the City accept the $300,000 cash contribution and that Council decide how these funds are to be used, on the understanding that the contribution will not be considered for the School Board.

- CARRIED

(Councillors Clarke, Don Lee, Price, Sullivan and the Mayor opposed)

MOVED by Cllr. Clarke,

THAT should there be a shortfall in the money required to complete the daycare/childcare facilities at Champlain Community Centre, that Council be consulted as to whether the DCL money paid from the redevelopment of Champlain Mall could provide the necessary funds for completion.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Clarke,

THAT the $300,000 CAC proposed for the School Board be dispersed on the condition that it be spent for classroom construction and upgrade at Capt. Cook Elementary School.

- not put

For ease of reference, the MOTIONS have been consolidated below:

1. THAT the form of development for the CD-1 zoned site known as 3200 East 54th Avenue be approved generally as illustrated in the Preliminary Development Application Number DE403146, prepared by W.T. Leung Architects Inc. and stamped “Received, City Planning Department, January 7, 1999 ”, provided that theDirector of Planning may approve design changes which would not adversely affect either the development character of this site or adjacent properties.

2. THAT the proposed conditions of approval for the form of development for 3200 East 54th Avenue (Champlain Mall) include acceptance of a Community Amenity Contribution (CAC), details of which are outlined in the Policy Report dated July 9, 1999, and subject to further discussion and incorporation in an agreement to the satisfaction of the City Manager and the Director of Legal Services, in consultation with relevant Departments.

This being in addition to Development Cost Levies (DCLs) expected to be paid under the proposed City-wide DCL By-law scheduled to be operative as of January 28, 2000 at the rate of $26.91 per m¾ ($2.50 per sq. ft.).

3. THAT the City apply DCL funds collected pursuant to the City-wide DCL By-law noted in Recommendation 2 to the following capital projects being provided on or related to this site by the developer in accordance with the following:

(i) a contribution not to exceed $233,228 towards the cost of establishing the Champlain Heights Community Centre day care facility (at a rate of $1,696 per m¾ [$150 per sq. ft.] x 137.58 m¾ [1,480 sq. ft.]); and

(ii) a contribution not to exceed $230,000 towards the cost of development of park land in the residential component of the project, for which the City will be granted a right-of-way for full public access and use of the space.

These City contributions are payable when sufficient DCL contributions are made by the developer.

4. THAT when approved, the DCL for this development remain at $26.91 per m¾ ($2.50 per sq. ft.) until the development is completed.

5. THAT Recommendation 2 be understood to include that the City accept the $300,000 cash contribution and that Council decide how these funds are to be used, on the understanding that the contribution will not be considered for the School Board.

6. THAT should there be a shortfall in the money required to complete the daycare/childcare facilities at Champlain Community Centre, that Council be consulted as to whether the DCL money paid from the redevelopment of Champlain Mall could provide the necessary funds for completion.

COMMUNICATIONS

1. 1999 UBCM Annual Convention - Request for cash contribution File: 3252

The Council had before it for consideration a letter dated July 6, 1999 from the President of the Union of B.C. Municipalities seeking a contribution from the City of Vancouver toward the general operation of the 1999 UBCM Annual Convention scheduled for September 27 - October 1 at the Vancouver Convention & Exhibition Centre.

MOVED by Cllr. Kennedy,

THAT Council provide a cash contribution in the amount of $10,000 toward the general operation of the 1999 UBCM Annual Convention, source of funds will be the “Other Grants” budget.

- CARRIED UNANIMOUSLY
AND BY THE REQUIRED
MAJORITY

(Councillor Price absent for the vote)

ADMINISTRATIVE REPORTS

1. Housekeeping and Miscellaneous Amendments to

Subdivision By-law No. 5208
July 6, 1999 File: 113/RTS: 854

MOVED by Cllr. Bellamy,
A. THAT Schedule A of Subdivision By-law No. 5208 be amended to add the park sites at 2197 West 11th Avenue and 2176 West 10th Avenue (Lots 4 and 5, Block 364, D.L. 526, Plan LMP37612) to the maps which accompany Schedule A of the By-law, and to establish Category “G” standards for these sites.

B. THAT Schedule A be further amended to add the park sites known as the “Dundas-Wall Area (Park)” (Lot 9, Plan 178; and Lot C, Plan 19312, both of Block 19, D.L. 184; and Lot B, Block 16, D.L. 184, Plan 19463) to the maps which accompany Schedule A of the By-law, and to establish Category “G” standards for these sites.

C. THAT Section 9.5(d) of the By-law be amended to insert reference to lands designated as Category “B” on the maps which form part of Schedule A of the By-law, to allow subdivision of “pie-shaped” parcels to create parcels having frontage on a street less than 7.620 m (25.00 ft.).

D. THAT the additional miscellaneous amendments to Section 9 and Table 1 of Schedule A, outlined in Appendices D and E of the Administrative Report dated July 6, 1999, respectively, be approved.

E. THAT the Director of Legal Services be instructed to prepare the necessary by-laws implementing these changes for enactment.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

2. Form of Development: 3501 Euclid Avenue

July 7, 1999 File: 2605/RTS: 868

MOVED by Cllr. Sullivan,

THAT the form of development for this portion (Phase 3, Sub-area 7) of the CD-1 zoned site known as 3501 Euclid Avenue (owned by Greystone Developments Ltd.) be approved generally as illustrated in the Development Application Number DE403391, prepared by Architectura and stamped “Received, City Planning Department March 12, 1999”, provided that the Director of Planning may impose conditions and 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. Tyne Street Reconstruction - School Avenue to 45th Avenue

July 5, 1999 File: 5809/RTS: 870

MOVED by Cllr. Clarke,

THAT Tyne Street between 45th Avenue and School Avenue be reconstructed with an 8.6m asphalt strip pavement at an estimated cost of $180,000, with funds for this work provided from Streets Basic Capital Unappropriated account No.30000034 - Reconstructionof Strip Pavements.

- CARRIED UNANIMOUSLY

4. Payment-in-Lieu of Parking Application 302 Davie St

(formerly 1200 Hamilton)
July 12, 1999 File: 5655/RTS: 894

MOVED by Cllr. Sullivan,
A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $189,000 by Trilogy Developments for DE 403474, for the waiver of 14 parking spaces required by Section 4.1.5 of the Parking By-law.

B. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

5. Payment-in-Lieu of Parking Application 952 Granville Street

July 6, 1999 File: 5655/RTS: 895

MOVED by Cllr. Herbert,
A. THAT Council approve in principle, the offer of payment-in-lieu in the amount of $121,500 by 952G Investments for DE 403981, for the waiver of 9 parking spaces required by Section 4.1.2 of the Parking By-law.

B. THAT the Director of Legal Services be requested to bring forward a by-law to amend Schedule A of the Parking By-law pursuant to Section 4.11.5 to effect this waiver.

- CARRIED UNANIMOUSLY

6. Award of Contract No. 9912 for the Supply and

Installation of Distribution Watermain
July 9, 1999 File: 1805/RTS: 746

MOVED by Cllr. Bellamy,

A. THAT Contract No. 9912 for the supply and installation of distribution watermain, be awarded to the low bidder meeting the contract requirements, Sandpiper Contracting Ltd., for a total tender price of $1,877,625.30 (GST included); with funding available from the distribution watermain replacement program (order group C07E1A).

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 Sandpiper Contracting Ltd., for Contract No. 9912, 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

7. Portable Office Space: Sewers Operation and

Human Resources Staff at Manitoba Yards
July 8, 1999 File: 1375/RTS: 887

MOVED by Cllr. Don Lee,

THAT a permanent portable trailer be purchased and located at the Manitoba Works Yard to house the Sewers Operation Foreman and the Human Resources staff that serve Engineering Operations, at a cost of $157,000 including servicing; source of funding to be a loan from the Capital Financing Fund on terms acceptable to the Director of Finance and paid back over 5 years by Human Resources, the Sewers Operation Branch, and the Engineering Operation Branches that are served by the Human Resources Staff.

- CARRIED UNANIMOUSLY

8. Proposed Closure and Lease of a Portion of

Cassiar Street, North of Bridgeway
July 9, 1999 File: 1203/RTS: 827

MOVED by Cllr. Daniel Lee,
A. THAT Council rescind the July 28, 1998 motion to approve a lease of a portion of Cassiar Street, North of Bridgeway as contained in the report of the General Manager of Engineering Services dated July 14, 1998.

B. THAT all that portion of Cassiar Street, shown hatched on the attached plan marked Appendix "A", be closed, stopped-up and leased to Cascadia Terminal for the construction of grain handling facilities and the placement and maintenance of rail trackage, subject to the following conditions:

1. The term of the lease to be ten (10) years subject to one year's notice of cancellation after the first two years if the lease area is required for municipal purposes. After serving of notice by the City, Cascadia Terminals may, within three (3) months, offer alternate routing or arrangements for such municipal purpose. The City Engineer will consider any alternate routing or arrangements offered by Cascadia Terminals and report the matter to Council either recommending acceptance of the alternate routing or arrangements or that the original notice of cancellation stand;

2. The annual rental to be $5156.00 (inclusive of taxes), based on the lease area being 4445 square feet, in accordance with the recommendation of the Manager of Real Estate Services. The lease area is to be confirmed by Cascadia Terminal, by survey on the ground and the rental adjusted accordingly, once the facilities are constructed;

3. The lease to contain right-of-way provisions to accommodate the existing, adjacent Greater Vancouver Sewerage and Drainage District sewer line;

4. That prior to any construction on the lease area, approval of the proposed construction is to be obtained, in writing, from the General Manager of Engineering Services and from the Chief Engineer of the G.V.S.&D.D.;

5. The lease is to commence July 1, 1999 with the agreement to the satisfaction of the Manager of Real Estate Services and the Director of Legal Services;

6. No legal right or obligation shall be created hereby and none shall arise hereafter, until the documents are executed.

- CARRIED UNANIMOUSLY

9. Strata Title Conversion: 2045-2047 West 13th Avenue

July 12, 1999 File: 5311/RTS: 812

MOVED by Cllr. Kennedy,

THAT the application to convert the building at 2045 - 2047 West 13th Avenue (Lot 15, Block 405, D.L. 526, Plan 1949) 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 the date of this approval:

Completion of all work now underway, to the satisfaction of the City Building Inspector and in accordance with the approved plans and permits, and issuance of an Occupancy Permit, all at no cost to the City, in order that this building substantially complies with all relevant City by-laws.

- CARRIED UNANIMOUSLY

10. Strata Title Conversion - 3763 Oak Street

July 13, 1999 File: 5311/RTS: 832

MOVED by Cllr. Herbert,

THAT the application to convert the previously-occupied building at 3763 Oak Street (Lot 8, Block 62, D.L. 526, Plan 4502) 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 the date of this approval:

Completion of all work required by the City Building Inspector (under the required permits), and issuance of an Occupancy Permit, all at no cost to the City, in order for this previously-occupied building to substantially comply with all relevant City by-laws.

- CARRIED UNANIMOUSLY

11. Strata Title Conversion - 2150 and 2158 Cypress Street

July 12, 1999 File: 5311/RTS: 888

MOVED by Cllr. Kennedy,

THAT the application to convert the previously-occupied buildings at 2150 and 2158 Cypress Street (Parcel E, Block 267, D.L. 526, Plan LMP41095) 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 the date of this approval:

Completion of all work now underway, to the satisfaction of the City Building Inspector and in accordance with the approved plans and permits, and issuance of Occupancy Permits, all at no cost to the City, in order that these buildings will substantially comply with all relevant City by-laws.

- CARRIED UNANIMOUSLY

12. 1030 Denman Street (Unit 126) -

Development Application Number DE404128

Government Liquor Store

July 9, 1999 File: 2605/RTS: 867

As a delegation request had been received, consideration of this item was referred to a future meeting of the Standing Committee on Planning & Environment.

13. Replacement of Firehall No. 3, 2801 Quebec Street -

Award of Construction Contract
July 14, 1999 File: 1805/RTS: 838

The Mayor noted that a late delegation request had been received in a letter dated July 27, 1999 from Bruce Macdonald, President, Brewery Creek Historical Society, with regard to this item. Other requests to speak also had been received.

MOVED by Cllr. Chiavario,

THAT the request to speak to this issue from Bruce Macdonald, President, Brewery Creek Historical Society, be approved and that the matter be referred to the July 29, 1999 meeting of the Standing Committee on Planning and Environment, on the understanding the discussion will commence at 1:30 p.m. and that only four delegations will be heard.

- CARRIED

(Councillors Bellamy and Puil opposed)

14. Authority to Travel to Boston, U.S.A. to Attend the

International Conference on Waterfronts in
Post Industrial Cities - October 7-8-9, 1999
July 12, 1999 File: 1254/RTS: 898

MOVED by Cllr. Bellamy,

THAT Council authorize Councillor Lynne Kennedy to travel to Boston, Massachusetts, U.S.A. to attend a Special Conference of the Mayor’s Institute for City Design on Waterfronts in Post Industrial Cities at Harvard Design School.

- CARRIED UNANIMOUSLY

(Councillor Kennedy absent for the vote)

15. Authority to Travel to Saint John, New Brunswick

to attend the TAC Conference - September 24 - 27, 1999
July 9, 1999 File: 1254/RTS: 905

MOVED by Cllr. Don Lee,

THAT Council authorize Councillor Gordon Price to travel to Saint John, New Brunswick, to attend the Transportation Association of Canada Conference at an estimated cost of $3,974.

- CARRIED UNANIMOUSLY

(Councillor Price absent for the vote)

16. Amenity Bonusing Proposal - 377 Powell Street

July 9, 1999 File: 2608/RTS: 882

MOVED by Cllr. Herbert,
A. THAT Council approve a density bonus of 0.40 FSR (2,428 sq. ft.) for this project (377 Powell Street - DE404082 - Zone DEOD) which was approved by the Development Permit Board at its meeting of June 28, 1999, in accordance with Section 6.8.3 of the DEOD Official Development Plan.

B. THAT the terms of the lease to St. James Community Services Society, already approved by Council, be amended to include provisions, as described in thisreport, restricting the sub-leasing of the bonused space to ensure that it will continue to be used as a social service centre, available at a nominal rent to a non-profit social service agency.

- CARRIED UNANIMOUSLY

17. SAP System Conversion Review for Financial Audit Purposes

July 12, 1999 File: 1194/RTS: 922

MOVED by Cllr. Don Lee,

THAT Council approve a contract with KPMG to undertake a review of the SAP internal controls for financial audit purposes at a maximum cost of $49,000 (plus applicable taxes). The source of funding to be Contingency Reserve.

- CARRIED UNANIMOUSLY

18. Annual Charge for Encroachment -

That Portion of Southwest Marine Drive
Abutting 1450 South West Marine Drive
July 14, 1999 File: 5807/RTS: 834

MOVED by Cllr. Puil,

THAT Council authorize the Manager of Real Estate Services to enter into an encroachment agreement for the 434.6 square metre (4678 square feet) encroachment area as shown in heavy outline on Appendix A attached to the Administrative Report dated July 14, 1999, subject to the following conditions:

1. Annual charge is to be set at $19,200 per annum inclusive of property taxes as if levied, for each year of the three year term of the encroachment agreement commencing July 1, 1999. The charge is to be paid in twelve equal installments;

2. Annual charges for renewal terms are to be established by the Manager of Real Estate Services;

3. The encroachment is subject to six months notice of cancellation by the City; and

4. The encroachment agreement is to be drawn to the satisfaction of the Director of Legal Services, the Manager of Real Estate Services and the City Engineer. No right or legal obligation is hereby created and none shall arise until the agreement is signed by both parties.

- CARRIED UNANIMOUSLY

19. Tender 9917 - Construction of P.C. Concrete Curbs and

Gutters and Asphaltic Concrete Pavement on Sundry Streets
July 12, 1999 File: 1805/RTS: 899

MOVED by Cllr. Bellamy,

A. THAT Tender Number 9917 - 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 $613,890.73, 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

20. Provincial Liquor License Regulations - Bill 80

July 15, 1999 File: 2611-1/RTS: 910

MOVED by Cllr. Kennedy,
A. THAT Council seek assurances from the Minister of Finance that concerns about local government input relating to liquor licenses be addressed by the creation of appropriate Regulations, prior to the time that Bill 80 comes into force, including the following concerns:

… local government approval on the location, type, hours, capacity, patio seating and type of entertainment for licensed facilities;
… recognition of the pressing need for substance abuse treatment facilities;
… recognition of the increased demand on staff and police resources for local government;
… the need to implement new regulations on a phased basis and co-operatively with local government to facilitate the implementation of community plans;
… the inequity between existing facilities and future licensed facilities; and
… assurances that current proposed changes to the liquor regulations will not, intentionally or otherwise, create additional low-income housing problems.

B. THAT Council submit the remaining concerns related to changes to the liquor laws and regulations, as described in this report, to the Minister of Finance and to the Provincial Liquor Implementation Panel.

C. THAT Council advise the UBCM and Vancouver’s MLAs of actions taken this day.

- CARRIED

(Councillor Bellamy opposed)

21. Reorganization of Traffic and Electrical Operations Branches

June 18, 1999 File: 1375/RTS: 823

MOVED by Cllr. Bellamy,

A. THAT the Traffic Operations and Electrical Operations branches in Engineering Services be merged, as described in this report, with the following staff positions to be created, subject to classification review:

- Manager of Administration
- a CEI position in the Street Lighting & Utilities Management branch.
- a Superintendent II position
- 2 Working Foremen positions, or equivalent.

And the following positions to be eliminated:

- a Superintendent III
- 2 Foremen positions
- an Engineering Operations Clerk (or Clerk V)
- ‡ FTE Clerical support

at no net cost to the budget.

B. THAT the conversion of the following staff positions from temporary to regular full time be approved, at no additional cost, to continue meeting the needs and increased volume of the Film and Special Events program, parking meters, bus shelters and benches, wheelchair ramps, etc:

Traffic Operations - 6 Traffic Painters
Parking Meter Maintenance - 2 Parking Meter Technicians
Traffic Management - 1 Engineering Assistant

- CARRIED UNANIMOUSLY

22. Vancouver Building By-law Fee Amendment

Reduction in Fees for Building Envelope Repairs
July 12, 1999 File: 113/RTS: 862

MOVED by Cllr. Herbert,
A. THAT Schedule "A" (Building Permit Fees) of the Vancouver Building By-law No. 6134 be amended to waive application fees for repair work of building envelopes for a period of 18 months.

B. THAT the Director of Legal Services be requested to bring forward the appropriate by-law amendment.

- CARRIED UNANIMOUSLY

23. Shoreline Protection Works Design/Pedestrian and

Bicycle Pathway Design for the Beach Neighbourhood - Area 1
July 15, 1999 File: 8205/RTS: 917

MOVED by Cllr. Price
A. THAT Council approve the revised design of the shoreline protection works for the Beach Neighbourhood as shown in Appendix A to the Administrative Report dated July 15, 1999.

B. THAT Council approve the design of the pedestrian and bicycle pathway for the Beach Neighbourhood as shown in Appendix A to the Administrative Report dated July 15, 1999.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Price,

THAT the following motion be deferred to a Council meeting in September 1999 at which time staff provide further information on the proposal for Quayside road; surface materials; appropriateness of right angle turns; and steep drop-offs:

C. THAT Council approve the design and location of handrails along the portions of the pedestrian and bicycle pathway as shown in Appendix B to the Administrative Report dated July 15, 1999.

- CARRIED UNANIMOUSLY

24. Change in Transfer Agent for

Debenture By-law Nos. 6586 and 7262
July 19, 1999 File: 113/RTS: 890

MOVED by Cllr. Puil,
A. THAT Council approve the appointment of Montreal Trust Company of Canada (“Montreal Trust”) as the transfer agent, interest disbursing agent and registrar (collectively the “Transfer Agent”) for the debentures (the “Debentures”) issued pursuant to Debenture By-laws No. 6586 and 7262 (the “Debenture By-laws”) at a total cost of $28,000 for 1999 to 2004. Source of Funding is available from the Treasury Division’s annual operating budget.

B. THAT Council authorize the Director of Finance and Director of Legal Services to negotiate and execute a transfer agency agreement (the “Transfer Agency Agreement”) with Montreal Trust on the terms generally outlined in this report, which shall include the granting of an indemnity by the City of Vancouver in favour of Montreal Trust for any liabilities which Montreal Trust may suffer or incur arising from Montreal Trust acting as Transfer Agent, in accordance with the Transfer Agency Agreement.

C. THAT if Council approves Recommendations A and B that the Director of Legal Services be requested to bring forward the appropriate amending Debenture By-laws to implement these recommendations.

- CARRIED UNANIMOUSLY

25. Vancouver Landfill Gas and Road Reconstruction Projects

July 19, 1999 File: 3757/RTS: 884

MOVED by Cllr. Clarke,

A. A. THAT the General Manager of Engineering Services initiate the upgrade and expansion of the Vancouver Landfill gas collection system at a total estimated cost of $5,396,920, less any contributions from other sources such as greenhouse gas reduction credits, direct capital contributions, and revenue from gas beneficial use schemes. Funding to be provided from a loan from the Solid Waste Capital Reserve to be repaid by users of the Landfill.

B. THAT the General Manager of Engineering Services seek proposals for the detailed design and construction of an expanded landfill gas collection system for the Vancouver Landfill.

C. THAT the General Manager of Engineering Services seek proposals for the beneficial use of landfill gas from the Vancouver Landfill.

D. THAT subject to a contract acceptable to the Director of Legal Services, Conestoga-Rovers & Associates (CRA) be retained to prepare the request for proposals for the design and construction of the expanded landfill gas system and the beneficial use of the landfill gas. CRA would also act as the City’s representative over the duration of the projects. The cost of retaining CRA is $199,901 (excluding GST) with the funding included in the Solid Waste Capital Reserve loan referred to in Recommendation A.

E. THAT subject to a contract acceptable to the Director of Legal Services, Imperial Paving Ltd. be awarded a contract to pave a section of the main access road at the Vancouver Landfill. The cost of the contract is $330,720 (including all taxes) with funds provided in the 1999 Landfill Operating Budget for this purpose.

- CARRIED UNANIMOUSLY

26. Recruitment: Director of Information Technology

July 20, 1999 File: 1370/RTS: 926

MOVED by Cllr. Kennedy,
A. THAT Council approve the hiring of an executive search firm to undertake a national search to recruit the Director of Information Technology at anestimated cost of $50,000 (plus applicable taxes): source of funding to be Contingency Reserve.

B. THAT Council delegate approval of the appointment of the successful executive search firm to the Deputy Mayor or his delegate, the General Manager, Corporate Services Group.

- CARRIED UNANIMOUSLY

27. Financial Services Department 1999-2001 Strategic Direction and

Reorganization and Business Support Service Department Reclassification
July 18, 1999 File: 1372/RTS: 909

MOVED by Cllr. Puil,
A. THAT Council approve the reorganization of the Financial Services Department, based on its proposed 1999-2001 Strategic Direction (see Appendix 1 to the Administrative Report dated July 18, 1999), and the organizational structure (see Appendix 3 to the Administrative Report dated July 18, 1999).

B. THAT Council approve the adjustments to the positions as detailed in Appendix 6 to the Administrative Report dated July 18, 1999, subject to a classification review by the General Manager, Human Resources.

- CARRIED UNANIMOUSLY

28. Temporary Postponement, Chinatown Public Art Process

July 22, 1999 File: 3130/RTS: 923

MOVED by Cllr. Don Lee,

THAT the Administrative Report, dated July 22, 1999, be received for information.

- CARRIED UNANIMOUSLY

POLICY REPORTS

1. CD-1 Rezoning - 2450 West 2nd Avenue

July 9, 1999 File: 5307/RTS: 880

MOVED by Cllr. Bellamy,

THAT the application by Stuart Howard Architects, to rezone 2450 West 2nd Avenue (Lots 5 and 6, Block 221, DL 526, Plan 1058) from RM-4 Multiple Dwelling District to CD-1 Comprehensive Development District, to permit a two storey addition to an existing care facility, be referred to a Public Hearing, together with:

(i) plans received June 15, 1999;

(ii) draft CD-1 By-law provisions, generally as contained in Appendix A to the Policy Report dated July 9, 1999; and

(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B to the Policy Report dated July 9, 1999.

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

- CARRIED UNANIMOUSLY

2. Amendments to the Vancouver Fire By-law Regarding

Occupant Loads and Licensed Beverage Establishments
July 12, 1999 File: 113/RTS: 903

MOVED by Cllr. Kennedy,
A. THAT Council approve in principle the proposed amendments to the Fire By-law as summarized in Appendix A to the Policy Report dated July 12, 1999.

B. THAT Council authorize the Director of Legal Services to bring forward the by-law amendments generally as shown in Appendix A to the Policy Report dated July 12, 1999.

C. THAT Council authorize the Chief Building Inspector to bring forward amendments in the Vancouver Building By-law that are coordinated with the Fire By-law amendments generally as shown in Appendix A.

- CARRIED UNANIMOUSLY

3. CD-1 Text Amendment -

101 Terminal Avenue [Citygate/VanCity]
July 12, 1999 File: 5308/RTS: 876

MOVED by Cllr. Bellamy,

THAT the application by Musson Cattell Mackey Partnership to amend CD-1 By-law No. 6744 for 101 Terminal Avenue to permit 475 m² (5,113 sq. ft.) of retail floor space to be used as office, be referred to a Public Hearing, together with:

(i) plans received February 8, 1999;
(ii) draft amending by-law generally as contained in Appendix A; and
(iii) the recommendation of the Director of Current Planning to approve.

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

- CARRIED UNANIMOUSLY

4. CD-1 Text Amendment - 6475 Elliott Street

July 14, 1999 File: 5304/RTS: 801

MOVED by Cllr. Bellamy,

THAT the application by Neale Staniszkis Doll Adams Architects, to amend CD-1 By-law No. 8035 for 6475 Elliott Street (Lot 2, Block 3, Plan 10861, NW Quarter of District Lot 336) to permit 104 units of seniors congregate housing, be referred to a Public Hearing, together with:

(i) plans received February 8, 1999;
(ii) draft CD-1 By-law provisions, generally as contained in Appendix A to the Policy Report dated July 14, 1999; and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B to the Policy Report dated July 14, 1999.

AND THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing.

- CARRIED UNANIMOUSLY

5. Text Amendment to Schedule C of Zoning and Development

By-law No. 3575 [Streets Requiring Landscape Setbacks]
July 16, 1999 File: 5302/RTS 893

The City Manager pointed out a change to the Staff Response section of page three of the Policy Report dated July 16, 1999 deleting the words “Administration of the setback requirement has been to allow driveways and surface parking areas within the setback area, but no structures.” and replacing it with “Administration of the setback requirement has been to allow driveways to parking areas beyond the setback.”

The Director of Current Planning pointed out that staff were not recommending this application be referred to a Public Hearing, but rather putting forward the applicant’s request for Council’s consideration, since facilitating the I-3 development is in the interest of job creation and economic diversification in the City.

MOVED by Cllr. Clarke,

THAT the application by Tom Bunting, Bunting Coady Architects, to amend Schedule C of Zoning and Development By-law No. 3575 be referred to a Public Hearing, together with draft amending by-law provisions generally as contained in Appendix A to the Policy Report dated July 16, 1999.

- CARRIED UNANIMOUSLY

Staff were asked to provide, at the public hearing, visual materials relating to the setbacks, including measurements, and outline what situations are consistent and inconsistent and how they occurred.

6. Amendment of Private Property Tree By-law

July 21, 1999 File: 113\RTS 621

MOVED by Cllr. Don Lee,

A. THAT the Private Property Tree By-law No. 7347 be amended to include the previous Section 10 (b) that was part of the By-law prior to the enactment of amendments on October 7, 1997, as shown in Appendix A to the Policy Report dated July 21, 1999.

B. THAT the housekeeping amendment in Appendix B to the Policy Report dated July 21, 1999, be approved.

C. THAT the Director of Legal Services be instructed to prepare the necessary amended By-laws.

- CARRIED UNANIMOUSLY

7. 555 Great Northern Way – Rezoning of Finning Lands

July 16, 1999 File: 5304-1\RTS 173

MOVED by Cllr. Puil,

THAT the application by Finning International Inc., as set out in recommendations A, B, C, & D of the Policy Report dated July 16, 1999, be referred to Public Hearing, except that the maximum parking space ratio be amended from 2.21 spaces per 1,000 sq. ft. to 2.5 spaces per 1,000 sq. ft.

- LOST

(Councillors Chiavario, Clarke, Herbert, Kennedy, Price and
Sullivan opposed to the increased parking space ratio)

MOVED by Cllr. Puil,
A. THAT the application by Finning International Inc., to rezone 555 Great Northern Way from I-3 to CD-1, to permit industrial, office, commercial and residential live-work uses, consistent with the Concept Plan for Great Northern Technology Park submitted in March 1999, be referred to Public Hearing, together with:

i) plans received July 15, 1999;

ii) draft CD-1 By-law provisions generally as contained in Appendix A to the Policy Report dated July 16, 1999;

iii) the recommendation of the Director of Current Planning to approve the application, subject to conditions of approval contained in Appendix B to the Policy Report dated July 16, 1999;

iv) draft design guidelines generally as contained in Appendix C to the Policy Report dated July 16, 1999.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing generally as presentedin Appendix A and including amendments to the Sign By-law to establish regulations for the CD-1 in accordance with Schedule B (I-3).

B. THAT the public benefit package, outlined in this report to be secured prior to enactment of this rezoning by-law, be accepted as an in-kind Community Amenity Contribution (CAC) in lieu of a cash CAC payment.

C. THAT, because of substantial contributions to facilities that would qualify for Development Cost Levy (DCL) funding being proposed in this application, the Finning site not be included in the area covered by any area-specific DCL which may be adopted for the False Creek Flats.

D. THAT Recommendation A be adopted 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;

ii) THAT any approval that may be granted following the Public Hearing shall not obligate the City to enact a by-law rezoning the property, and any costs incurred in fulfilling requirements imposed as a condition of rezoning are at the risk of the property owner; and

iii) 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.

- CARRIED UNANIMOUSLY

OTHER REPORTS

I. Report To Council
Vancouver Liquor Licensing Commission

July 22, 1999

The Council considered this report which contained seven clauses identified asfollows:

Cl. 1: Provincial Liquor Review

Cl. 2: 911 Denman Street - Mohammad Kashani; Restaurant Class 2
Cl. 3: 602 Dunsmuir Street - St. Regis Hotel
Cl. 4: 88 West Pender Street - Class ‘D’ - Neighbourhood Pub

International Village (Allen Lai) - Referendum Results

Cl. 5: Provincial Liquor License - Bill 80; City Process Review Requirements
Cl. 6: 99 Powell Street - Class ‘D’ Neighbourhood Pub
Cl. 7: Time Limited Development Permit

Provincial Liquor Review
Clause 1 File: 2611-1

MOVED by Cllr. Kennedy,

THAT Clause 1 of the Vancouver Liquor Licensing Commission Report be received for information.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

911 Denman Street - Mohammad Kashani; Restaurant Class 2
Clause 2 File: 2613-13/RTS: 669

MOVED by Cllr. Kennedy,

THAT Council endorse the request by Mohammad Kashani for a 150-seat Restaurant-Class 2 at 911 Denman Street subject to:

a) the recommendations of the Vancouver/Richmond Health Board:

i) strict limit to the type of entertainment that can be provided and an undertaking by the applicant to contain the noise levels within the confines of the premises;
ii) these provisions be extended to any subsequent ownership which is not subject to a full license review

b) signing of a Good Neighbour Agreement with the City before the issuance of a Business License
c) the type of music/entertainment permitted in the establishment to be written into the Good Neighbour Agreement; lease with the owner of the building;Business License and Time Limited Temporary Permit.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

602 Dunsmuir Street - St. Regis Hotel
Clause 3 File: 2612-1/RTS: 767

MOVED by Cllr. Kennedy,

A. THAT Council endorse the request by St. Regis Investments Ltd., to change the hours of operation to between 11:00 a.m. and 1:00 a.m., Monday to Saturday, in the Class ‘A’ Pub at the St. Regis Hotel, 602 Dunsmuir Street, subject to the following:

i) A signed Good Neighbour Agreement

ii) A Legal Agreement to the satisfaction of the Chief License Inspector and the Director of Legal Services.

- CARRIED UNANIMOUSLY

(Councillors Clarke and Puil absent for the vote)

88 West Pender Street - Class ‘D’ - Neighbourhood Pub
International Village (Allen Lai) - Referendum Results
Clause 4 File: 2615-10/RTS: 865

MOVED by Cllr. Kennedy,

THAT Council having considered the opinion of the majority 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 of Allen Lai for an 85-seat (includes 20-seat patio) Class 'D' Neighbourhood Pub with a restaurant at 88 West Pender 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 11:00 p.m.

iv) before the issuance of the business license, the applicant sign a Good Neighbour Agreement with the City

v) no exotic dancers be permitted

vi) the drafting of a legal agreement to retain the 85 seats (includes 20-seat patio) to the satisfaction of the Chief License Inspector and the Director of Legal Services;

.

FURTHER THAT this endorsement is conditional upon there being no appeals received prior to the end of the appeal period of August 2, 1999.

- CARRIED UNANIMOUSLY

(Councillors Clarke and Puil absent for the vote)

italics denote amendment.

Provincial Liquor License - Bill 80; City Process Review Requirements
Clause 5 File: 2611-1

MOVED by Cllr. Kennedy,

THAT the Vancouver Liquor Licensing Commission endorse the review of the City Referendum process as a priority in order to ensure coordination with the revised Provincial Liquor Control and Licencing Act regulations, subject to a report back on how the City referendum process could be undertaken using an independent third party consultant, and including information on the rationale for the original referendum process and the new process.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

italics denote amendment.

99 Powell Street - Class ‘D’ Neighbourhood Pub
Clause 6 File: 2615-1

MOVED by Cllr. Kennedy,

THAT to comply with the request of the Liquor Control & Licensing Branch, the Council motion of July 7, 1998 be amended as follows (italics denote amendment):

THAT Vancouver City Council having considered the opinion of the majority 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 of 561109 B.C. 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 p.m.

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:

a) ensure the closure of the existing cabaret;

b) retain the 85 seats (includes 20-seat patio),

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 ofspecial 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)

Bold italics denote further amendment.

Time Limited Development Permit
Clause 7 File: 2611/RTS: 677

MOVED by Cllr. Kennedy,

THAT Clause 7 of the Vancouver Liquor Licensing Commission Report be received for information.

- CARRIED UNANIMOUSLY

(Councillor Puil absent for the vote)

II. Report to Council

Chinatown Historic Area Planning Committee
July 21, 1999

A New Chinatown Gate
Clause 1 File: 3136-1

MOVED by Cllr. Don Lee,

THAT CHAPC pursue a design and public review of a gate proposal and that Engineering staff work with CHAPC on any engineering issues as needed.

- CARRIED UNANIMOUSLY

(Councillors Bellamy and Puil absent for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Sullivan,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

BY-LAWS

Due to time constraints, consideration of all by-laws was referred to the Council portion of the meeting of the Standing Committee on City Services and Budgets scheduled for July 29, 1999.

MOTIONS

A. Closing all that lane west of Columbia Street,

south from the lane south of Pender Street File: 5753

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

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. The Chinese Cultural Centre occupies a portion of City-owned Lot B, except Part in Explanatory Plan VAP 20550 Block 14 District Lots 196 and 2037 Plan20495 at 555 Columbia Street;

3. There is a proposal to expand the Chinese Cultural Centre;

4. The proposal requires the closure of all that lane west of Columbia Street, south from the lane south of Pender Street;

5. The said lane to be closed was dedicated by the deposit of Plan 17949 in November, 1979;

6. The said lane to be closed is to be consolidated with the said Remainder of Lot B;

7. A statutory right-of-way for access purposes will be registered over a portion of the said consolidated parcel to provide a hammerhead turnaround; said right-of-way to the satisfaction of the Director of Legal Services.

THEREFORE BE IT RESOLVED THAT all that portion of lane west of Columbia Street, south from the lane south of Pender Street, as dedicated by Plan 17949 and being the same as shown in heavy outline on an Explanatory Plan certified correct by Fred Wong, B.C.L.S. on the 21st day of June, 1999 and marginally numbered LE 17755, be closed, stopped-up and

BE IT FURTHER RESOLVED THAT the said lane to be closed be consolidated with the abutting Lot B, except Part in Explanatory Plan VAP 20550, Block 14, District Lots 196 and 2037, Plan 20495 to the satisfaction of the Director of Legal Services.

- CARRIED UNANIMOUSLY

B. Closing portion of east side of Rupert Street,

north of Queens Avenue, adjacent to 3205 Queens Avenue File: 5753

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

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. The West 17 feet of Lot 15, Blocks 37 and 38, District Lot 51, Plan 1735, have been established for road purposes under Document Filed 40844;
3. Only a portion of the said West 17 feet of Lot 15 is required for road purposes;

4. The North 3.5 feet of Lot 15, Blocks 37 and 38, District Lot 51, Plan 1735 have been established as lane under Document Filed 33520;

5. Only a portion of the said North 3.5 feet of Lot 15 is required for road purposes;

6. The owner of Lot 15, except the West 17 feet and the North 3.5 feet, now highways, Blocks 37 and 38, District Lot 51, Plan 1735, has made application to purchase the portions of the West 17 feet of Lot 15 no longer required for road and lane respectively;

THEREFORE BE IT RESOLVED THAT the said West 17 feet of Lot 15, Blocks 37 and 38, District Lot 51, Plan 1735, now road, and the North 3.5 feet of Lot 15, Blocks 37 and 38, District Lots 51, Plan 1735 now lane, be closed, stopped-up and conveyed to the abutting owner, and

BE IT FURTHER RESOLVED THAT the said West 17 feet of Lot 15 and the said North 3.5 feet of Lot 15 be subdivided with the balance of Lot 15, dedicating the portions of the said West 17 feet of Lot 15, and the said North 3.5 feet of Lot 15 still required for road and lane purposes to the satisfaction of the Approving Officer.

- CARRIED UNANIMOUSLY

C. Closing 39th Avenue between Prince Edward Street

and Fraser Street adjacent to a portion of the
Mountain View Cemetery File: 5753

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

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 close and stop-up the portion of 39th Avenue between Prince Edward Street and Fraser Street;

3. The said portion of 39th Avenue to be closed was dedicated by the deposit of Plan 733A in July, 1895;

4. The said portion of 39th Avenue to be closed is no longer required for road purposes;

5. The said portion of 39th Avenue to be closed is adjacent to City-owned lands which form a portion of the Mountain View Cemetery;

6. The said portion of 39th Avenue to be closed will be consolidated with the said adjacent City-owned lands to create two parcels to the satisfaction of the Director of Legal Services.

THEREFORE BE IT RESOLVED THAT all that portion of 39th Avenue, west from Fraser Street, as dedicated by the deposit of Plan 733A and adjacent to City-owned Blocks 3, 4 and 26 to 31 District Lot 641 Plan 733A the same as shown on a Reference Plan of survey completed on the 22nd day of February, 1999 attested to by John W. Larson, B.C.L.S. and marginally numbered LB690 , be closed and stopped-up; and

BE IT FURTHER RESOLVED THAT the said portion of 39th Avenue West from Fraser Street be consolidated with adjacent City-owned lands to the satisfaction of the Director of Legal Services; and

BE IT FURTHER RESOLVED THAT all that portion of 39th Avenue, East from Prince Edward Street as dedicated by the deposit of Plan 733A and adjacent to City-owned Blocks 19 to 25, and 32 to 38 District Lot 641 Plan 733A the same as shown on a Reference Plan of survey completed on the 22nd day of February 1999 attested to by John W. Larson, B.C.L.S. and marginally numbered LB690, be closed and stopped-up; and

BE IT FURTHER RESOLVED THAT the said portion of 39th Avenue East from Prince Edward Street to be closed be consolidated with adjacent City-owned lands to the satisfaction of the Director of Legal Services.

- CARRIED UNANIMOUSLY

D. Establishing Roads, East Side Prince Edward Street,

North Side of 41st Avenue, and West Side of Fraser Street
adjacent to Mountain View Cemetery File: 5807

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

WHEREAS the City of Vancouver is the registered owner of Lot D, Blocks 12 to 19 and 32 to 38; and Lot E, Blocks 1 to 11, and 26 to 31; all of District Lot 641, Group 1, New Westminster District, the same as shown on a Reference Plan of survey completed on the 6th day of July, 1999 attested to by John W. Larson, B.C.L.S. and marginally numbered LB692;

AND WHEREAS it is deemed expedient and in the public interest to establish a portion of the above described lands for road purposes;

THEREFORE BE IT RESOLVED that all those portions of Lot D, Blocks 12 to 19 and 32 to 38; and Lot E, Blocks 1 to 11, and 26 to 31; all of District Lot 641, Group 1, New Westminster District, the same as shown on a Reference Plan of survey completed on the 6th day of July, 1999 attested to by John W. Larson, B.C.L.S. and marginally numbered LB692, shown in heavy outline on plan of survey completed on the 6th day of July 1999, attested to by John W. Larson, B.C.L.S., and marginally numbered LB693, be hereby established for road purposes and declared to form and constitute portion of road.

- CARRIED UNANIMOUSLY

E. Establishing Road, East Side Knight Street,

south of 41st Avenue, adjacent to 5704 Knight Street
(1408/1412 East 41st Avenue) File: 5807

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

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
The area of Lot A, Block 1, District Lot 715, Plan 8370 shown heavily outlined on the reference plan prepared by A. Di Nozzi, B.C.L.S. on April 21, 1999 as marginally annotated LD3618;

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

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

- CARRIED UNANIMOUSLY

F. Conveyance of Land for Municipal Purposes

(Portion of 915 East Cordova Street) File: 5807

MOVED by Cllr. Herbert,
SECONDED by Cllr. Sullivan,

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:

NO PID
All that portion of Lot 6, Block 49, District Lot 181, Plan 18306, Group One, New Westminster District, shown heavy outlined on plan of survey completed on the 3rd of May, 1999, attested to by Fred Wong, B.C.L.S. and marginally numbered LD3610.

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

ENQUIRIES AND OTHER MATTERS

Due to time constraints, this portion of the agenda was deferred to the Council portion of the meeting of the Standing Committee on City Services and Budgets scheduled for July 29, 1999.

The Council adjourned at 7:25 p.m.

* * * * *

(c) 1998 City of Vancouver