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J U L Y 19, 19 7 6 A r e g u l a r m e e t i n g o f the M u n i c i p a l C o u n c i l w a s h e l d I n t h e C o u n c i l Chamber, M u n i c i p a l Hall, 4949 Canada Way, Burnaby, B.C., o n Monday, J u l y 19, 1 9 7 6 at 7 : 0 0 P.M. PRESENT: M a y o r T.W. Constable, in the Chair A l d e r m a n G.D. A s t A l d e r m a n D.P. D r u m m o n d A l d e r m a n A.H. Emmott A l d e r m a n B.M. G u n n A l d e r m a n D.A. L a w s o n A l d e r m a n G.H.F. M c L e a n A l d e r m a n F.G. Randall A l d e r m a n V.V. Stusiak STAFF: Mr. M.J. Shelley, Mu n i c i p a l Manager Mr. B. M c C a f f e r t y , M u n i c i p a l T r e a s u r e r M r . E.E. O l s o n , M u n i c i p a l E n g i n e e r M r . A . L . P a r r , D i r e c t o r of P l a n n i n g Mr. J. H u d s o n , M u n i c i p a l C l e r k Mr. R.W. W a t s o n , D e p u t y M u n i c i p a l C l e r k MINUTES T h e M i n u t e s o f the C o u n c i l M e e t i n g h e l d o n J u l y 5, 19 7 6 c a m e f o r w a r d for adoption. MOVED BY ALDERMAN A S T : SECONDED B Y A LDERMAN RANDALL: " T H A T the M i n u t e s o f t h e C o u n c i l M e e t i n g h e l d o n J u l y 5, 1 9 7 6 b e n o w adopted." / CARRIED UNANIMOUSLY D E L E G A T I O N S T h e f o l l o w i n g w r o t e r e q u e s t i n g a n a u d i e n c e w i t h C ouncil: (a) O B S u p p l i e s L i m i t e d , W.B. H o l d i n g s , L.E. Barclay Re: S o l v i n g p r o b l e m of w e e d s f r o ® M u n i c i p a l p r o p e r t y ruining landscaping (b) B u r n a b y C h a m b e r of C o m m e r c e , P r e s i d e n t Re: P a r k i n g R e g u l a t i o n s (c) B u r n a b y C h a m b e r o f C o m m e r c e , P r e s i d e n t Re: S m o k i n g i n S t o r e s (d) B u r n a b y F i r e F i g h t e r s A s s o c i a t i o n Re: G r i e v a n c e w i t h the M u n i c i p a l i t y M O V E D BY ALDERMAN A S T : S E C O N D E D B Y A L D E R M A N STUSIAK: "THAT the delegations be heard." CARRIED UNANIMOUSLY 758 i -1 J u l y 19, 1 9 7 6 (a) C - B S u p p l i e s L i m i t e d , W.B. H o l d i n g s Ret S o l v i n g p r o b l e m o f w e e d s f r o m M u n i c i p a l p r o p e r t y ruining landscaping Mr. L.E* B a r c l a y a p p e a r e d b e f o r e C o u n c i l a n d s p o k e to t h e f o l l o w i n g submission: " I a m t h e o w n e r o f t h e p r o p e r t y l o c a t e d at 4 6 4 1 B y r n e R o a d a n d s i n c e November, 1 9 7 5 1 h a v e b e e n i n c o n t a c t w i t h Mr. M u l l e s w h o , several months, r e f e r r e d m e to M r . B i s s e t t of t h e F a r k s b o a r d w h o , after three letters and several months, contact the Council. after advised m e that 1 should I apologize for troubling you w i t h w h a t seems to be a small matter, however, I felt that the seven m o n t h s runaround that I h a v e b e e n getting h a d to b e stopped. H e r e is m y p r o b l e m t I h a d t o l a n d s c a p e t h e f r o n t y a r d of t h e p r o p e r t y b e f o r e a d e v e l o p m e n t pe r m i t w o u l d b e issued. $ 4 , 000.00 w a s put into the landscaping. w a s d o n e i n t h e s p r i n g o f 1971. This T h e d i t c h t h a t n u t s p a r a l l e l to B y r n e Road and in front of our plant produces an abundance of weeds. To prevent these weeds fro m overrunning o u r landscaping plants w e spent three summers 'de-weeding'. r e s u l t s a r e poor. T h i s , o f c o u r s e , is e x p e n s i v e a n d t h e L a s t y e a r w e l e t t h e w e e d s g o a n d it r u i n e d t he appearance of o u r pl a n t entra n c e and w e lost m a n y shrubs. I n t h e f a l l o f 1 9 7 5 1 c o n t a c t e d M r. Mulles, and after man y phone calls and two m o n t h s later, h e arrived, a t w h i c h time I suggested that they could drive some type of pil i n g a l o n g o u r s i d e of the dit c h and lay in some used timbers on top of one a nother against the piling. We would pay the expense of back-filling, w h i c h wo u l d hold the timbers in place, a nd finish off the landscaping. our problem, This wou l d split the e x p e n s e and solve and in general m a k e the a r e a look m o r e presentable. is a la r g e n e w i n dustrial d e velopment across the street, There for w h i c h their ditch has b een eliminated. T h e p o i n t is y o u r P l a n n i n g D e p a r t m e n t i n s i s t e d u p o n l a n d s c a p i n g , insisted u p o n s h r u b s , a n d t h e w e e d s f r o m y o u r p r o p e r t y a r e r u i n i n g t h i s landscaping. W e a r e n o w p r o p o s i n g to s p l i t t h e e x p e n s e o f s o l v i n g t h i s p r o b l e m a n d feel that w e are making a fair offer." MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: " T H A T I t e m 37, M a n a g e r ' s R e p o r t N o. / 4 8, 1 9 7 6 b e b r o u g h t f o r w a r d a t t h i s time." CARRIED UNANIMOUSLY The Municipal Mana g e r provided a report of the Municipal Engineer dated J u l y 15, 1 9 7 6 a d v i s i n g t h a t th e p a r t i c u l a r p r o b l e m o n B y r n e R o a d is a v e r y d i f ficult one and required a gre a t deal of dis c u s s i o n and that w e did not feel that o u r l a n dscaping standards s h o u l d b e changed. MOVED BY ALDERMAN GUNN: SECONDED BY ALDERMAN AS T : " T H A T I t e m 37, M a n a g e r ' s R e p o r t No. 4 8, 1976 b e received." CARRIED UNANIMOUSLY A 750 0 ) J u l y 19, 1 9 7 6 MOVED BY ALDERMAN STUSIAK; SECONDED BY ALDERMAN RANDALL: " T H A I t h e M u n i c i p a l E n g i n e e r c o n t a c t Mr. L. B a r c l a y a g a i n t o s e e If t h e r e Is s o m e p o s s i b l e s o l u t i o n a r o u n d t he p r o b l e m a n d f u r t h e r t h a t t h e M u n i c i p a l E n g i n e e r r e p o r t b a c k to C o u n c i l . " CARRIED UNANIMOUSLY (b) B u r n a b y C h a m b e r o f C o m m e r c e Re: P a r k i n g R e g u l a t i o n s Mr. Angus Macdonald, M a n a g e r of the Burnaby Chamber of Commerce s p o k e to t h e f o l l o w i n g s u b m i s s i o n : " M y n a m e Is A n g u s M a c d o n a l d a n d I r e p r e s e n t t h e m e m b e r s o f the B u r n a b y C h a m b e r o f Co m m e r c e . O u r I n t e n t i o n t o n i g h t is to d i s c u s s s o m e o f the p a r k i n g r e g u l a t i o n s c o n t a i n e d in B y l a w No. 4 742, t h e B u r n a b y Zoning B y l a w . H e a r e s u r e y o u w i l l a g r e e w i t h us th a t o u r Z o n i n g B y l a w m u s t b e a l i v i n g d o c u m e n t that r e f l e c t s c h a n g e s i n l a n d u s e an$l o u r l i f e - s t y l e . A n y m a t t e r t h a t w i l l a l l o w f o r a b e t t e r a n d f u l l e r u t i l i z a t i o n of o u r s c a r c e l a n d r e s e r v e is o n e th a t c o n c e r n s e v e r y o n e here. A t t h e m o m e n t w e h a v e t wo m a j o r items: s t a l l s izes. required parking and parking It m a y w e l l b e i n t he c o u r s e o f s t u d y o t h e r s m a y arise. The City of Vancouver has reduced required parking in.downtown V a n couver a n d the W e s t End. P e r h a p s w e s h o u l d b e c o n s i d e r i n g t h e sa m e a c t i o n f or t h e K i n g s w a y c o r e a r e a a n d p o s s i b l y f o r B r e n t w o o d a n d Lo u g h e e d . O u r s e c o n d c o n c e r n c o u l d h a v e a m o s t I m p o r t a n t impa c t . O ur parking a r e a s a r e d e s i g n e d t o a c c o m m o d a t e t he l a r g e s e dan, w h i c h is c e r t a i n l y i n the m i n o r i t y to-day. O n e h a s o n l y to w a t c h t h e t r a f f i c a l o n g the r o a d t o - d a y t o s e e t h e m a n y c a r s t h a t a r e s m a l l e r t h a n th i s size. W e have endeavoured to find out from the Motor Vehicle Branch and f r o m I C B C i n f o r m a t i o n w i t h r e s p e c t to t he p e r c e n t a g e o f s m a l l ca r s o n the r o a d to-day, b u t th e y a r e u n a b l e to p r o v i d e this inf o r m a t i o n . If it is a t a l l p o s s i b l e to s a v e s p a c e , b o t h i n o p e n l a n d a n d u n d e r b u i l d i n g s , i t w o u l d b e a d v i s a b l e th a t w e d o so. / T h e a r t i c l e b y Mr. D r a c h m a n is q u i t e c o n v i n c i n g . U s i n g th e s a m e a m o u n t o f land, w e c o u l d i n c r e a s e o p e n p a r k i n g b y a b o u t 25%. The two p l a n s w h i c h a r e o n t he w a l l s h o w t h a t i n a n a r e a o f a p p r o x i m a t e l y 11,000 s q u a r e feet i t is p o s s i b l e to i n c r e a s e f r o m 27 to 3 8 p a r k i n g s t a l l s - 1 8 l a r g e a n d 2 0 s m a l l , w h i l e s t i l l r e t a i n i n g 22' 8 * 6 w i d e stalls. aisles and N o t a l l a r e a s w i l l a l l o w s u c h a n i n c r e a s e b u t there w i l l b e s u f f i c i e n t to m a k e a s t u d y w o r t h whil e . j) W e are f u l l y a w a r e o f the w o r k l o a d o f t he P l a n n i n g D e p a r t m e n t a n d that s u c h a s t u d y w o u l d b e a s s i g n e d a l o w e r p r i o r i t y t h a n w e m i g h t wish. We a r e p r e p a r e d to e n g a g e a n u m b e r of s t u d e n t s o v e r t h e n e x t f e w w e e k s to obtain an y necessary information, s u c h as: (a) p e r c e n t a g e o f large/small- pars;. - - (b) u t i l i z a t i o n of p a r k i n g lo t s in industrial, commercial and residential areas, s h o w i n g u s e b y p e r c e n t a g e o f c a r size; (c) a r e v i e w o f p a r k i n g r e q u i r e m e n t s , a n d (d) s u c h o t h e r m a t t e r s as a p p e a r d e s i r a b l e d u r i n g the study. 760 3 J u l y 19, 1976 It is o u r s i n c e r e h o p e t h a t C o u n c i l w i l l e i t h e r t e f e r t h i s n a t t e r to the Planning Director, o r to a c o m m i t t e e o f C o u n c i l , and that it b e cinsidered upon completion of our study and the review of the Planning Department. Respectfully submitted ' W a r r e n R. Clark' President" MOV E D BY ALDERMAN M c L E A N : SECONDED BY ALDERMAN E M M O T T : "THAT the subject m a t t e r b e refer r e d to the D i r e c t o r o f P l a n n i n g for consideration and report." CARRIED UNANIMOUSLY (c) Burnaby Chamber of Commerce Re: S m o k i n g i n S t o r e s _______ Mr. Bud Horton, Vice-President of the Burnaby Chamber of Commerce spoke to the following brief: "The retail m e m b e r s of the B urnaby Ch a m b e r o f Comm e r c e are concerned at the acti o n of C o u n c i l in a d o p t i n g I t e m 10 o f the M a n a g e r ' s Report No. 4 0 o f J u n e 14, 1 976. W e n o t e that this ma t t e r w a s brought b ack for r econsideration o n J u n e 21 a nd this h as gi v e n us the opport u n i t y of a p p e a r i n g b e f o r e y o u tonight. \ We have canvassed our larger retail members and find that without exception, Burnaby. t h e y s u p p o r t o u r r e q u e s t f o r a n o - s m o k i n g b y - l a w in. We believe that some of these members have also written d i r e c t l y to Coun c i l so y o u w i l l b e aware of Most of our stores are m o d e m their views. so-called fire-proof establishments a n d w e b e l i e v e t h e d a n g e r to h u m a n l i f e i s m i n i m a l . Nevertheless t h e r i s k is a l w a y s t h e r e a n d a n y a c t i o n t o r e d u c e it s h o u l d b e worthwhile. Modem devices don't always wo r k and w e w o u l d remind y o u of the unexpl a i n e d e l e v a t o r p r o b l e m e x p e r i e n c e d in the Sheraton L a n d m a r k Hot e l fire last week. M u c h of the merchandise whi c h w e b y a careless smoker. sell is flammable and e a s i l y damaged In addition customers frequently leave burning cigarettes b e h i n d in fitting rooms and this remains a m a j o r source of c o n c e r n e v e n t h o u g h w e h a v e p o s t e d " n o s m o k i n g " s i g n s i n them. W e b e l i e v e t h a t if t h o s e s i g n s a r e r e - e n f o r c e d b y t h e a u t h o r i t y o f a by - l a w , m o s t c u s tomers w i l l h e e d them. In one department comprising approximately 3000 square feet of carpeted a r e a there are 60 cigarette bums that I could count w i t h o u t m o v i n g a single fixture. T h i s is a cost of d o i n g b u s i n e s s w h i c h w i l l u l t i m a t e l y b e b o r n e b y all consumers. Should responsible smokers and non-smokers subsidize the careless smoker? The implemen t a t i o n of a Burn a b y b y - l a w w i l l a l l o w this Mun i c i p a l i t y ' s m e r c h a n t s to u n i f o r m l y r e d u c e s m o k i n g in t h e i r s t o r e s w i t h o u t o f f e n d i n g customers. It w o u l d r e d u c e t h e r i s k t o t h e p u b l i c a n d s h o u l d e l i m i n a t e damage due to careless smokers. We realize that w e ficult if not a r e a s k i n g y o u to p a s s a b y - l a w t h a t w i l l b e d i f impossible r e q u i r e d to e n f o r c e it. to e n f o r c e a n d w e s u g g e s t t h a t n o e f f o r t The great majority of people 761 is are law abiding 4. J u l y 19, 1 9 7 6 c i t i z e n s a n d w i l l o b e y the l a w w h e n It is k n o w n to them. Storekeepers w i l l h a v e the l e g a l a u t h o r i t y t o p o s t " n o s m o k i n g " s i g n s a n d c a n p o l i c e their own establishments. Our Vancouver store reports an almost total a b s e n c e of s m o k i n g e x c e p t i n t he a u t h o r i z e d locat i o n s . He believe our V A c o m p e t i t o r s h a v e e x p e r i e n c e d the s a m e r e s u l t y e t t h e r e h a v e b e e n n o c h a r g e s w h a t e v e r l a i d to t he b e s t o f m y k n o w l e d g e . H e t h e r e f o r e u r g e c o u n c i l t o a d o p t a n o — s m o k i n g b y - l a w s i m i l a r to t h a t of V a n c o u v e r . " V (d) Burnaby Fire Fighters Association . . Re: G r i e v a n c e w i t h th e M u n i c i p a l i t y Mr. B i l l C o p e l a n d , P r e s i d e n t , L o c a l 3 2 3 o f t he I n t e r n a t i o n a l A s s o c i a t i o n of F i r e F i g h t e r s a p p e a r e d b e f o r e C o u n c i l a n d s p o k e as follows: "We h a v e t o d a t e r e c e i v e d , a n d p r e s e n t e d t o C o u n c i l , p e t i t i o n s p r o t e s t i n g the a p p o i n t m e n t o f Mr. T. N a i r a o f T h e Y u k o n to t he p o s i t i o n of F i r e Chief-, s i g n e d b y m o r e t h a n 2 0 , 0 0 0 c o n c e r n e d B u r n a b y c i t i z e n s , a n d i t a p p e a r s that C o u n c i l h a s s e e n fit t o t r e a t this b r o a d d e m o n s t r a t i o n o f p r o t e s t w i t h less t h a n s e r i o u s c o n s i d e r a t i o n , a n d a s a r e s u l t o f t h e t r e a t m e n t a f f o r d e d t he p e t i t i o n s it b e c a m e o b v i o u s t h a t a m o r e p e rsonal approach for citizen protest w a s required, and we were r e q u e s t e d to p r o v i d e l e t t e r s of p r o t e s t a n d c o n c e r n t h a t d e m a n d e d a response from Council, and in a mat t e r of just several days 1300 Burnaby c i t i z e n s h a v e let t h e i r p o s i t i o n s b e k n o w n , in s o m e peoples' minds, a n d w h i l e at th i s p o i n t , and t h e s e n u m b e r s m a y a p p e a r few, the s i g n i f i c a n c e o f t h e i r d e s i r e to go o n r e c o r d c a n n o t b e t r e a t e d f r i v i l o u s l y . \ This clear and overwhelming public support has reinforced a unanimous firefighter*8 resolve to continue our justified campaign, and although o u r job situation internally has deteriorated our concern for public safety, and firefighting duties has not diminished. H o w e v e r , it w o u l d b e s e l f d e l u d i n g i f C o u n c i l f e l t that b e c a u s e w e a r e r e s p o n s i b l e e m p l o y e e s , a n d t h a t the j ob is b e i n g d o n e t h a t t h i s is t a c i t a c c e p t a n c e o f y o u r a c t ions, o r i n v o l v e m e n t b y Mr. Naira. W e w i l l c o n t i n u e i n o u r e f f o r t s in th i s m a t t e r u n t i l e v e r y c i t i z e n is m a d e a w a r e o f t h e c a l l o u s m a n n e r i n w h i c h good, a n d c a p a b l e m e n h a v e b e e n treat e d , a n d u n t i l th i s m a t t e r h a s b e e n r e s o l v e d in a w a y f a i r a n d equitable. / W e w o u l d s u bmit, i n th i s regard, that t he r o a d to a r e s o l u t i o n , a n d c o m p r o m i s e is t h r o u g h d i a l o g u e , a n d C o u n c i l ' s r e f u s a l to m e e t a f i r e fighter's committee in an "In Camera" session m a y be responsible for c e r t a i n l a c k o f c l a r i f i c a t i o n a n d u n d e r s t a n d i n g of s o m e of t he p o i n t s at i ssue, a n d w e a g a i n u r g e c o u n c i l to s e t s u c h a m e e t i n g d e s p i t e the f a c t that c e r t a i n l e g a l i t i e s a r e b e i n g d e t e r m i n e d . " MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN M c L E A N : " T H A T the M u n i c i p a l M a n a g e r c o n t a c t t he B u r n a b y F i r e f i g h t e r s ' Association L o c a l 323 to s e e if t h e r e a r e m a t t e r s t h a t c a n n o t b e d e a l t w i t h 'In C a m e r a ' . " CARRIED O P P O S E D : A l d e r m e n D r u m m o n d , G u n n a nd R a n d a l l BY - LAWS MOVED BY ALDERMAN S T U S I A K : S E C O N D E D BY A L D E R M A N R A N D A L L : "THAT: 762 5 J u l y 19, 1 9 7 6 ’B U R N A B Y R O A D C L O S I N G B Y - L A W NO. 8, 1976' ' B U R N A B Y E X P R O P R I A T I O N B Y - L A W NO. 1, 1976' - 06893 - #6894 be n o w introduced and that Council resolve itself into a Committee of t h e W h o l e to c o n s i d e r a n d r e p o r t o n t h e B y - l a w s . " CARRIED UNANIMOUSLY M O V E D BY ALDERMAN S T U S I A K : SECONDED BY ALDERMAN R A N D A L L : "THAT the Committee n o w rise and report the By-laws complete." CARRIED UNANIMOUSLY The Council reconvened. MOVED BY ALDERMAN S T USIAK: SECONDED BY ALDERMAN RANDALLt "THAT the report of the Committee b e n o w adopted." CARRIED UNANIMOUSLY MOVED BY ALDERMAN S T USIAK: SECONDED BY ALDERMAN R A N D A L L : "THAT: 'BURNABY ROAD C L O S I N G B Y - L A W NO. ' B U R N A B Y E X P R O P R I A T I O N B Y - L A W NO . 8, 1 976' 1, 1976' - #6893 - #6894 b e n o w read three times." CARRIED UNANIMOUSLY M O V E D BY ALDERMAN S T U S I A K : SECONDED BY ALDERMAN RANDALL: " T H A T C o u n c i l n o w resolve itself into a C o m mittee o f the W h o l e to c o n s i d e r a n d r e p o r t on: / 'BURNABY ZONING BY - L A W 1965, AMENDMENT BY-LAW NO. 47, 1972' - #6142 - #6798" 'BURNABY Z O NING B Y - L A W 1965, A M E N D M E N T B Y -LAW NO. 61, 1975' CARRIED UNANIMOUSLY MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN R A N D A L L : "THAT the Conmittee n o w rise and report the By-laws complete." CARRIED UNANIMOUSLY The Council reconvened. MOV E D BY ALDERMAN S T U S I A K : SECONDED BY ALDERMAN RANDALL: "THAT the report of the C o m mittee b e n o w adopted." 763 CARRIED UNANIMOUSLY J u l y 19, 1 9 7 6 MOVED BY ALDERMAN STPSIAK: SECONDED BY ALDERMAN RANDALL: "THAT: 'BURNABY ZON I N G BY-LAW 1965, A M ENDMENT BY - L A W NO. 47, 1972' - #6142 - #6798 ' B U R N A B Y Z O N I N G B Y - L A W 1 965, A M E N D M E N T B Y - L A W NO. 61, 1975* b e n e w read a third time." CARRIED UNANIMOUSLY MOVED BY ALDERMAN M c L E A N : SECONDED BY ALDERMAN A S T : "THAT; 'BURNABY L O C A L IMPROVEMENT TEMPORARY FINANCING B Y - L A W 1976* - #6874 - #6892 ' B U R N A B Y L O C A L I M P R O V E M E N T C H A R G E S B Y - L A W 1976, A M E N D M E N T B Y - L A W NO. 1, 1976' b e n o w r e c o nsidered a n d finally adopted, signed b y the M a y o r and Clerk and the Corporate Seal affixed thereto." CARRIED UNANIMOUSLY C O R R E S P O N D E N C E A N D P E T I T I O N S MOVED BY ALDERMAN STUSIAKi SECONDED BY ALDERMAN RA N D A L L : " T H A T a l l o f t h e f o l l o w i n g l i s t e d i t e m s of c o r r e s p o n d e n c e b e r e c e i v e d a n d t h o s e I t e m s o f t h e M u n i c i p a l M a n a g e r ' s R e p o r t No. 48, 19 7 6 w h i c h p e r t a i n t h e r e t o b e b r o u g h t f o r w a r d f or c o n s i d e r a t i o n at th i s time . " CARRIED UNANIMOUSLY (a) G r e a t e r V a n c o u v e r R e g i o n a l D i s t r i c t , D i r e c t o r o f R e g i o n a l D e v e l o p m e n t , Re: V a n c o u v e r C i t y C o u n c i l R e l o c a t e d o w n t o w n o f f i c e s to R e g i o n a l T o w n C e n t r e s ^ A l e t t e r u n d e r d a t e o f J u n e 29, 1 9 7 6 w a s r e c e i v e d e n c l o s i n g m o t i o n s p a s s e d b y t h e V a n c o u v e r C i t y C o u n c i l o n M a y 18, 1976 u r g i n g f e d e r a l a n d p r o v i n c i a l g o v e r n m e n t s to r e l o c a t e s o m e o f t h e i r d o w n t o w n o f f i c e s to o t h e r r e g i o n a l t o w n centres. It w a s h o p e d t h a t t h e D i s t r i c t of B u r n a b y w o u l d c o n s i d e r t h e s e C i t y o f V a n c o u v e r r e s o l u t i o n s a n d s i m i l a r l y e n d o r s e them. T h e M u n i c i p a l M a n a g e r a d v i s e d that a S t a f f r e p o r t w o u l d b e a v a i l a b l e a t t h e A u g u s t 3, 1 9 7 6 M e e t i n g of Council. (b) L o c h d a l e P a r e n t - T e a c h e r A s s o c i a t i o n , P r e s i d e n t , Re: M i n i B i k e s . S c h o o l g r ounds. P l a y g r o u n d s a n d L a n e s A l e t t e r u n d e r d a t e o f J u n e 29, 1976 w a s r e c e i v e d e x p r e s s i n g concern that the nu m b e r of M i n i Bikes wh i c h are creating problems i n t h e i r area, p a r t i c u l a r l y as to the s a f e t y o f children. It w a s indicated that Schoolgrounds and Playgrounds and Lanes are being u s e d b y m i n o r M i n i B i k e drivers. A d v i c e w a s r e q u e s t e d as to the l e g a l i t y o f M i n i Bikes. 764 7 J u l y 19, 1976 T he M u n i c i p a l Manager provided a report of the M u n i cipal Engineer w h e r e i n it w a s i n d i c a t e d t h a t M i n i B i k e s o p e r a t e d o n p u b l i c s t r e e t s b y y o u n g s t e r s o f 8 to IS y e a r s o f a g e a r e i n v i o l a t i o n of t h e l a w as the m i n i m u m a g e f o r a d r i v e r ' s l i c e n c e is 16 y e a r s o f a g e a n d all motorcycles m u s t carry a va l i d and legal licence of Insurance b e i n g r e q u i r e m e n t s o f t h e P r o v i n c i a l M o t o r V e h i c l e Act. It w a s r e c o m m e n d e d b y t h e M u n i c i p a l M a n a g e r that: 1. T h e B u r n a b y D e t a c h m e n t o f t h e R . C . M . P . b e a s k e d to e x e r t e x t r a effort to c o n trol the p r o b l e m of M i n i Bikes o n publ i c streets a n d to c o n c entrate o n the Lo c h d a l e a r e a for a p e r i o d o f time; 2. A c o p y o f th i s r e p o r t b e an d forwarded to the L o c hdale Parent-Teachers Association. M O V E D BY ALDERMAN A S T : SECONDED BY ALDERMAN DRUMMOND: "THAT the recommendations of the Mu n i c i p a l M a n a g e r b e adopted." CARRIED UNANIMOUSLY (c) O u t d o o r s U n l i t t e r e d , Executive Director Re: " C l u n k e r W e e k " , M o n d a y S e p t e m b e r 1 3 to Friday, S e p t e m b e r 17. 1976 A l e t t e r u n d e r d a t e o f J u l y 6, 1 9 7 6 w a s received indicating O u t doors U n l i t t e r e d plan to s p o nsor a " C l unker Week" 1 3 t o 17, vehicles 1976 stating that their objective w a s from September to r e m o v e d e r e l i c t from priv a t e and pub l i c p r o p e r t y at n o cost to the taxpayer. I t was. i n d i c a t e d t h e y w o u l d require the Municipality's assistance w i t h the removal of vehi c l e s f r o m publ i c land f r o m private land w h e r e t h e v e h i c l e d o e s n o t b e l o n g t o t h e o w n e r of t h e l and. T h e M u n i c i p a l M a n a g e r reported that the d i s p o s i t i o n of a b a ndoned v e h i c l e s o n p u b l i c r i g h t s - o f - w a y is u n d e r t h e j u r i s d i c t i o n o f t h e Purc h a s i n g Agent in this M u n i c i p a l i t y and that t he contact personally v i t h l n t h e E n g i n e e r i n g D e p a r t m e n t w i l l b e Mr. G . C . M u l l i s . T h e M u n i c i p a l M a n a g e r r e c o m m e n d e d that: 1. T h e M u n i c i p a l i t y o f B u r n a b y e n d o r s e t h e p l a n o f O u t d o o r s U n l i t t e r e d t o s p o n s o r a " C l u n k e r W e e k " f r o m S e p t e m b e r 1 3 t o 17, 1976; and 2. T h e A s s o c i a t i o n b e f o r w a r d e d a c o p y o f t h i s r e p o r t item. MOVED BY ALDERMAN RA N D A L L : SECONDED BY ALDERMAN DRUMMOND: "THAT the recommendations of the Mu n i c i p a l M a n a g e r b e adopted." CARRIED UNANIMOUSLY (d) M o t o r C a r r i e r C o m m i s s i o n , S e c r e t a r y to The C o m m i s s i o n Re: N o t i c e o f H e a r i n g - M o n d a y , A u g u s t 30, 1 9 7 6 a t 1 0 : 0 0 A . M . r e a p p l i c a t i o n b y Mr. Hugh Lindsay, North Burnaby Taxi A N o t i c e of He a r i n g w a s received f r o m the M o t o r C a r r i e r Commission of the P r o v i n c e of B r i tish C o l u m b i a i n d icating that a H e a r i n g will b e held b y The M o t o r Carrier Commission commencing at 10:00 o'clock in the forenoon, M o n d a y the 30th day o f August, E n e r g y C o m m i s s i o n H e a r i n g Room, 2 1 s t F l o o r , 76F 1 9 7 6 at t he B.C. 1177 W e s t H a s t i n g s Street, J u l y 19, 1 9 7 6 i n C h e C i t y o f V a n c o u v e r to h e a r a n d a d j u d i c a t e u p o n th e a p p l i c a tion of Hugh Lindsay, Nor t h Burnaby Taxi filed under Num b e r 538 to p r o v i d e C h a r t e r T r i p s o n l y f o r b u s i n e s s o r i g i n a t i n g i n t he Municipality of Burnaby transporting a person o r group of persons, u n d e r c h a rter, to a n y p o i n t i n B r i t i s h C o l u m b i a . M O V E D BY A L D E R M A N R A N D A L L : SECONDED BY ALDERMAN G U N N : "THAT: W H E R E A S the M u n i c i p a l i t y of B u r n a b y h a s r e s o l v e d t o i s s u e e l e v e n n e w t a x i l i c e n c e s to Mr. H u g h L i n d s a y (Nor t h B u r n a b y T a x i ) (11) and W H E R E A S these l i c e n c e s w e r e i s s u e d b e c a u s e of t h e p o p u l a t i o n i n c r e a s e i n the M u n i c i p a l i t y of B u r n a b y an d W H E R E A S it is C o u n c i l ' s d e s i r e to p r o v i d e a s e r v i c e t o t he r e s i d e n t s o f B u r n a b y and WHEREAS North Burnaby Taxi are unable to leave the M u n icipality o f B u r n a b y t h e r e b y c u r t a i l i n g t h e i r s e r v i c e to the r e s i d e n t s o f B u r n a b y a n d W H E R E A S t h e M o t o r C a r r i e r C o m m i s s i o n h a s o r d e r e d a h e a r i n g to d e t e r m i n e w h e ther or not North Burnaby Taxi w i l l b e allowed to leave Burnaby and W H E R E A S the M u n i c i p a l i t y of B u r n a b y a s a n i n t e r e s t e d p a r t y h a s b e e n a d v i s e d of the h e a r i n g to b e h e l d o n A u g u s t 30, 1 9 7 6 a t 1 0 : 0 0 A.M. T H E R E F O R E B E IT R E S O L V E D t h a t the M u n i c i p a l i t y of B u r n a b y m a k e a r r a n g e m e n t s t o b e h e a r d at th e h e a r i n g in s u p p o r t of the e l e v e n (11) n e w l i c e n c e s i s s u e d b y C o u n c i l a n d t h a t the C h a i r m a n o f t he T a x i C o m m i t t e e o r h i s a p p o i n t e e m a k e C o u n c i l ' s p r e s e n t a t i o n to t he M o t o r C a r r i e r C o m m i s s i o n a n d f u r t h e r t h a t w e s u p p o r t the i s s u a n c e of t e m p o r a r y p e r m i t s to a l l o w these p e o p l e to c a r r y o ut t h e i r b u s i n e s s u n t i l s u c h t i m e a s the Motor Carrier Commission meets." CARRIED UNANIMOUSLY (e) B i l l a n d M o n a W e s t l a k e . Re: V e h i c l e C r o s s i n g at 4 6 9 6 W e s t l a w n D r i v e A l e t t e r u n d e r d a t e o f J u l y 8, 1 9 7 6 w a s r e c e i v e d i n d i c a t i n g t h e y p l a n n e d o n e n l a r g i n g t h e i r c a r p o r t a t the a b o v e a d d r e s s a n d r e q u e s t i n g a n 18 to 2 5 foot d r i v e w a y crossing. It w a s i n d i c a t e d th e y h a d b e e n p r e v i o u s l y a d v i s e d u n d e r d a t e o f J u n e 21, 1976 o f p e r m i s s i o n to c o n s t r u c t a c r o s s i n g o n l y 14 f e e t wide. It w a s f u r t h e r i n d i c a t e d that the w o r k is i n the p r o c e s s of b e i n g d o n e a n d p r o m p t a t t e n t i o n to this m a t t e r w a s requested. T h e M u n i c i p a l M a n a g e r r e c o m m e n d e d that: 1. C o u n c i l c o n c u r w i t h the i n t e n t i o n of t h e M u n i c i p a l E n g i n e e r to limit the w i d t h of the v e h i c l e a c c e s s to 1 4 fe e t u n d e r t h e p r e s e n t c i r c u m s t a n c e s ; 2. Mr. a n d Mrs. W e s t l a k e b e se n t a c o p y o f this r e p o r t item. MOVED BY ALDERMAN S T USIAK: S E C O N D E D B Y A L D E R M A N DRUMM O N D : " T H A T t h e r e c o m m e n d a t i o n s o f t he M u n i c i p a l M a n a g e r b e a d o p t e d . " M O V E D BY ALDERMAN A S T : S E C O N D E D B Y A L D E R M A N RANDA L L : " T H A T t h e s u b j e c t m a t t e r b e t a b l e d f o r two w e e k s . " CARRIED UNANIMOUSLY 766 9 J u l y 19, 19 7 6 (f) Better Business Bureau of The Mainland of British Columbia, Executive Vice-President, Ret Income T.ix Discounters. Tax Refund Buyers A l e t t e r u n d e r d a t e of J u l y 9, 19 7 6 w a s r e c e i v e d e n c l o s i n g a c o p y o f a C i t y of V a n c o u v e r B y - l a w c o n c e r n i n g I n c o m e T a x D i s c o u n t e r s a n d T a x R e f u n d B u y e r s a n d r e c o m m e n d i n g the B u r n a b y M u n i c i p a l C o u n c i l g i v e s e r i o u s c o n s i d e r a t i o n to a s i m i l a r B y - l a w . T h e M u n i c i p a l M a n a g e r advised that the M u n i c i p a l Solicitor indicated that the City of V a n couver By-law w a s passed pursuant V a n c o u v e r C h a r t e r a n d th a t t he M u n i c i p a l A c t , to S e c t i o n 2 0 3 ( b ) of t he R.S.B.C., Chapter 255 does n o t c o n t a i n a s i m i l a r p r o v i s i o n a n d c o n s e q u e n t l y a B y - l a w s i m i l a r to B y - l a w No. 4 9 7 9 c o u l d n o t b e p a s s e d b y th e C o r p o r a t i o n of t h e D i s t r i c t of Burnaby. It w a s r e c o m m e n d e d b y t h e M u n i c i p a l Malia g e r t h a t a c o p y o f th i s report i t e m b e f o r w a r d e d to t he B e t t e r B u s i n e s s B u r e a u o f t h e M a i n l a n d of B r i t i s h Columbia. MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN STUSIAK: "THAT the recommendation of the M u n i c i p a l M a n a g e r b e adopted." MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: " T H A T w e w r i t e to t h e A t t o r n e y - G e n e r a l o f B r i t i s h C o l u m b i a a s k i n g w h a t a c t i o n , if any, the Pro v i n c i a l Government has to c o n t r o l u s u r i o u s c h a r g e s b y I n c o m e T a x Discounters and T a x Refund Buyers a nd that w e a s k h i m if t h e r e is a n y S e c t i o n w i t h i n t h e M u n i c i p a l A c t w h i c h w e c o u l d u s e t o c o n t r o l c h a r g e s of this type of busi n e s s w i t h i n the Municipality. CARRIED UNANIMOUSLY MOVED BY ALDERMAN EMMOTT: SECONDED BY ALDERMAN AST: / "THAT M a y o r T.W. C o n stable m e e t w i t h the a p p ropriate o f f icials w i t h the a i m of s e e k i n g the n e c e s s a r y e n a b l i n g legislation." CARRIED UNANIMOUSLY (g) E d L a i r d , Re: W h a t I t h i n k a r e P e r t i n e n t I s s u e s A l e t t e r u n d e r d a t e o f J u l y 12, 1 9 7 6 w a s r e ceived i n d i c a t i n g s e v e r a l Items for Coun c i l conside r a t i o n on the q u e stion of referendums, issues, truck routes, Fire Department, financial P e r s o n n e l mana g e m e n t and retiring personnel. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN AST: " T H A T t h e M u n i c i p a l M a n a g e r m e e t o r c o r r e s p o n d w i t h Mr. L a i r d on the several questions raised." CARRIED UNANIMOUSLY (h) Sandra Stock. Ret E d m o n d s B u s L o o p A l e t t e r u n d e r d a t e o f J u l y 13, 1 9 7 6 w a s received ind i c a t i n g that as a student of Simon F r a s e r U n i v e r s i t y w h o uses t h e S.F. U . — Edmonds and 12th Street — K i n g g w a y buses she w a s comp l e t e l y against the p r o p o s a l that t he 6th Street and 12th Street - Kingsway b u s by - p a s s Edmonds Loop. I t e m 17, M a n a g e r ' s R e p o r t N o. 4 8, 7R7 1976 was then b r o u g h t forward. 10. July 3, 1 9 7 6 The M u n i c i p a l M a n a g e r provided a report of the Municipal Engineer r e l a t i n g to t h e n u m b e r 9 6 S i x t h S t r e e t s e r v i c e f r o m N e w W e s t m i n s t e r a n d t h e n u m b e r 5 5 T w e l f t h S t r e e t / n u m b e r 5 3 K i n g s w a y bus. It w a s stated that the two changes noted are considered to be a general o v e r a l l i m p r o v e m e n t to t r a n s i t s e r v i c e f o r t h e r e s i d e n t s o f t he area. I t w a s r e c o m m e n d e d b y t h e M u n i c i p a l M a n a g e r t h a t t he B u r n a b y I n f o r m a t i o n C e n t r e b e a d v i s e d t h a t t he T r a n s i t C o m m i t t e e is n o w c o n s i d e r i n g this r e p o r t item. MOVED BY ALDERMAN L A WSON: SECONDED BY ALDERMAN STUSIAK: "THAT the recommendation of the Municipal Ma n a g e r b e adopted a nd further that t h e l e t t e r r e c e i v e d f r o m S a n d r a S t o c k b e r e f e r r e d t o t h e T r a n s i t Committee." CARRIED UNANIMOUSLY M O V E D BY ALDERMAN A S T : SECONDED B Y AL D E R M A N LAWSON: " T H A T a l l l e t t e r s r e c e i v e d o n t h e q u e s t i o n of t he E d m o n d s B u s L o o p a nd the T r a n s i t T e r m i n a l b e r e f e r r e d to th e B.C. H y d r o & P o w e r A u t h o r i t y . " ; CARRIED UNANIMOUSLY It w a s r e q u e s t e d t h a t a m e e t i n g b e a r r a n g e d b e t w e e n t h e T r a n s i t C o m m i t t e e a n d t h e B.C. H y d r o & P o w e r A u t h o r i t y f o r W e d n e s d a y , J u l y 21, 1976. \ (i) A d a m B r o o m f i e l d . R e t i r e m e n t G i f t A l e t t e r u n d e r d a t e of J u l y 15, 1 9 7 6 w a s r e c e i v e d t h a n k i n g C o u n c i l f o r a g i f t r e c e i v e d o n t he o c c a s i o n o f h i s r e c e n t r e t i r e m e n t f r o m t h e B u r n a b y M u n i c i p a l Staff. (j) C o n s e - C E n t e r p r i s e s Ltd., P r e s i d e n t , Ret L o c a l I m p r o v e m e n t s S u t l i f f e C u l - d e - S a c - M o n t e c i t o 2 0 0 0 P r o p e r t y A l e t t e r u n d e r d a t e o f J u l y 15, 1 9 7 6 w a s r e c e i v e d v o i c i n g o b j e c t i o n to t h e c o m p l e t i o n o f th e S u t l i f f e C u l - d e - S a c . It w a s i n d i c a t e d th e y h a d m a d e a p p r o a c h e s in the p a s t to the P l a n n i n g D e p a r t m e n t f o r the u s e o f the a r e a t o e x t e n d the c u r r e n t p l a y g r o u n d w h i c h h a s b e e n f o u n d t o b e i n a d e q u a t e f o r t he g e n e r a l u s e b y the tots. It w a s a l s o i n d i c a t e d t h a t t h e B u r n a b y P a r k s a n d R e c r e a t i o n D e p a r t m e n t a re c u r r e n t l y c o m p l e t i n g the M o n t e c i t o p a r k s i t e b u t that it do e s n o t a f f o r d m u c h i n t h e a r e a of s m a l l c h i l d r e n s p l a y areas. I t w a s r e c o m m e n d e d th a t th e m a t t e r o f t he c o m p l e t i o n o f t he S u t l i f f e C u l - d e - S a c b e l e f t in a b e y a n c e u n t i l a r e v i e w o f t he a r e a s h a s b e e n m a d e a n d a n e x p l a n a t i o n p r o v i d e d as to w h y a m a j o r p l a y g r o u n d for p r e - s c h o o l c h i l d r e n w a s a l l o w e d to b e d e v e l o p e d i n an a r e a f o u r feet f r o m a c i t y street. T h e M u n i c i p a l M a n a g e r a d v i s e d that a S t a f f r e p o r t w o u l d b e a v a i l a b l e a t t h e A u g u s t 3rd, 1 9 7 6 M e e t i n g o f Council. 1 768 ii July 19, 1976 (k) Canada Safeway Limited, Division Manager, Re: Support presentation by Burnaby Chamber of Commerce with respect to smoking in stores f A letter under date of July IS, 1976 was received supporting the presenta tion to be made at the next Municipal Council meeting by the Chamber of Commerce of Burnaby with respect to smoking in stores* It was indicated they had found the majority of customers in the Vancouver Stores have accepted the new Vancouver ruling without protest. It was suggested that most people can appreciate that smoking and food merchandising are not compatible* (ki) Simpsons-Sears Limited, Operating Superintendent, B.C. Operations Re: Proposed Ban on Smoking in Stores This subject matter was considered previously Under Item 2(c) Delegations (See also Item (b) of Tabled matters) (1) Ea 8 tburn Neighbourhood Improvement Programme Resident Planning Committee Chairperson, Re: Application of B.C. Hydro to locate a temporary Bus Depot and Parcel Baggage Depot within the boundaries of the Eastburn Neighbourhood Improvement Area, at the corner of 16th Avenue and 6 th Street The following additional correspondence was received in opposition to the establishment of a Bus Depot and Parcel Baggage Depot at the corner of Sixteenth Avenue and Sixth Street. (m) Eastburn Neighbourhood Improvement Programme Resident Planning Committee Chairperson, Re: Proposed relocation of New Westminster Bus and Parcel Depot to Burnaby addressed to New Westminster Chamber of Commerce (n) Mr. and Mrs. F.E. Widner. 8281 Sixteenth Avenue. Burnaby, B.C. V (o) Mrs. C. Hampton. 7784 Sixteenth Avenue. Burnaby. B.C. (p) Lovle N. Johnson, 7628 Second Street. Burnaby, B.C. (q) Gary K. Fisher. 7986 Eighteenth Avenue. Burnaby, B.C. (r) Mr. and Mrs. Sigmunn Haukeland. 7922 Eighteenth Avenue, Burnaby. B.C. (8 ) Mrs. R. Morgan. 7812 Seventeenth Avenue. Burnaby. B.C. (t) Bill and Beth Chobotuck. 4247 Sixteenth Avenue. Burnaby, B.C. (u) Mr. and Mrs. A.E. Buchli. 7597 Newcombe Street, Burnaby, B.C. (v) Mr. John Smith. 7611 Newcombe Street. Burnaby, B.C. (w) Mrs. L.S. Karaiaoja, 7510 Sixth Street, Burnaby, B.C. (w) (i) Mr. and Mrs. E. Bates. 8019 Sixteenth Avenue. Burnaby, 3.C. (x) Mrs. Gloria Smith Re: Justify your reasons for spending taxpayers' funds to build roads and then putting up barricades across them.___________ ___ A letter under date of July 9, 1976 was received requesting reasons for spending taxpayers' funds to build roads and then putting barricades on them, in particular, Halifax Street. The Municipal Manager provided a report of the Director of Planning wherein it was concluded that "without doubt Council will recall its experience with the road closures in Sullivan Heights area and the satisfaction and dissatisfaction expressed by various residents within 769 . 12 July 19, 1976 the area* The Planning Department firmly believes the steps taken involving the road closures are proper and essential in order to systematically implement the further development of the Community Plan into an attractive residential community. It was recommended by the Municipal Manager that: 1. Council not remove or relocate the street closures from their current location and re-affirm the action taken on June 14, 1976 to close those streets as an integral part of Community Plan Area "D"; and 2. After an approximate one month period, the Engineering Department periodically monitor the traffic pattern on a sample basis to determine whether a "through" travel pattern is being maintained; and 3. A copy of this report be sent to the Brentwood Park Ratepayer's Association. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN McLEAN: "THAT the recommendations of the Municipal Manager be adopted." CARRIED UNANIMOUSLY / It was requested that a letter be directed toward the several complainants indicating the subject matter would be reviewed at the end of the next 30 day period and as well enclosing a copy of Item 40, Manager's Report No, 48, 1976. (y) Mr. and Mrs.' J. Nasu and Mr. and Mrs. W. Reisdorf Re: Extreme Traffic Problem on Parklawn This subject matter was considered previously under Item 4(x) Correspondence and Petitions. -(z) Mr. and Mrs. Gordon Hunt, Re: Writing concerning the closure of Halifax and Dellawn Streets to prevent traffic from using residential streets to get West and East during morning and evening rush hours This subject matter was considered previously unde/ Item 4(x) Correspondence and Petitions. (aa) Mrs. H. Lum. Re: Closing of Dellawn Avenue and Halifax Street Exits This subject matter was considered previously under Item 4(x) Correspondence and Petitions. (bb) Mrs. Marge Keen, Re: Planning Department's blocking off Halifax and Dellawn Streets on July 7, 1976. This subject matter was considered previously under Item 4(x) Correspondence and Petitions. (cc) Mr. and Mrs. Robert Anzulovich, Re: Traffic Situation on Crestlawn Drive _______ This subject matter was considered previously under Item 4(x) Correspondence and Petitions'. 770 13 July 19, 1976 (dd) Mr. and Mrs. John Zalunardo, Res Crestlawn Drive Protest decision on the rerouting of the traffic in this area This subject matter was considered previously under Item 4(x) Correspondence and Petitions. (ee) Mr. Joseph Nemeth, Res Nelson-Wayburne Diversion Forest Glen Park A letter under date of June 25, 1976 was received suggesting that a major traffic route through the Nelson Avenue area was totally unjustified and unnecessary. MOVED BY ALDERMAN STUSIAKs SECONDED BY ALDERMAN GUNNs "THAT the copies of Item 11, Manager's Report No. 16, March 15, 1976} Item 4, Manager's Report No. 21, April 5, 1976; Item 16, Manager's Report No. 27, April 26, 1976 and Item 6 , Manager's Report No. 46, July 5, 1976 be forwarded to the several correspondents on this question." CARRIED UNANIMOUSLY The following additional correspondence was received in relation to the question of the opposition to the Nelson-Wayburne Diversion Forest Glen Park: (ff) Tom and Sheila McCall. 5436 Nelson Avenue. Burnaby, B.C. (gg) Mr. R.P. Douglas. 5136 Sussex Avenue, Burnaby. B.C. (hh) Susan H. Wiffen. 5384 Sussex Avenue, Burnaby. B.C. (ii) Rev, and Mrs. D. Pierik. 5825 Nelson Avenue. Burnaby. B.C. (jj) Mrs. Margaret Cantafio. 4659 Burke Street. Burnaby. B.C. (kk) Mrs. Grace Turner. 5589 Nelson Avenue. Burnaby. B.C. (11) Mrs. Marie Chow. 5124 Sussex Avenue. Burnaby. B.C. (m m ) Rftcco Peragine. 4667 Burke Street. Burnaby, B.C. (nn) Avis M. Stevens. 5945 Nelson Avenue, Burnaby, B.C._ (oo) Mr. and Mrs. Wray E. Nixon. 4976 Bond Street. Burnaby, B.C._ T A B L E D M A T T E R S (a) Burnaby Tennis Club A letter dated May 27, 1976 from the Burnaby Tennis Club, P.0. Box 80214, Burnaby, Re: Covered Tennis Courts for Winter Play at the Burnaby Lake Sports Complex (Item 8 , Manager 8 Report No. 37, 1976 - Council Meeting May 31, 1976) It was agreed that this subject matter remain tabled for a recom mendation from the Parks and Recreation Commission. 771 14 July 19, 1976 (b) Proposed ban on smoking in Stores (Item 10, Manager's Report No, 40. Council Meeting June 14, 1976) MOVED BY ALDERMAN RANDALL: SECONDED BY ALDERMAN GUNN: "THAI the subject matter be lifted from the table," CARRIED OPPOSED: Aldermen Lawson and McLean The following Manager's recommendations were then before the Council: 1, That a B y l a w to prohibit smoking in stores not be introduced; and 2, That the Chief Licence Inspector send letters advising owners of Retail Stores of Council's desire to have signs that discourage smoking posted in their commercial establishments; and 3, That the Chamber of Commerce and all Mall type Shopping Centre Associations in Burnaby be so advised; and 4, That a copy of this report be sent to Mr. and Mrs. David Dollman. FOR: Alderman Stusiak OPPOSED: Mayor Constable, Aldermen Ast, Drummond, Emmott, Gunn, Lawson, McLean and Randall i ' MOTION DEFEATED MOVED BY ALDERMAN RANDALL: SECONDED BY ALDERMAN GUNN: \. "THAT the Municipal Manager bring forward a By-law similar to the current Vancouver By-law prohibiting smoking in Retail Stores and also in Food Stores." CARRIED OPPOSED: Alderman Stusiak E N Q U I R I E S On a question of Alderman McLean it was agreed the 1300 letters received in regard to the Firefighters' presentation this evening be placed in the Mayor's Office for perusal. Alderman Gunn advised of Notices of Motion relating to two resolutions; firstly, to the selection of Senior Staff and Department Heads, and secondly, to the establishment of a Firefighters College in the Province of British Columbia. REPORTS MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN STUSIAK: . "THAT Council do now resolve itself into a Committee of the Whole." CARRIED UNANIMOUSLY 772 15 July 19, 1976 A« Mayor T.W. Constable Mayor Constable reported that arising cut of a report that he had made to Council on May 20, 1976 In regard to the setting up of a meeting between the Minister of Highways, Local M.L.A.'s and Council the meeting had now been established for September 8 , 1976 at 4:00 P.M. at the Municipal Hall* Mayor Constable also reported that a programme of takeover of the administration of Human Resources had now been established and that Mr. Shelley would be working with a Mr. Noble on this project. MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN AST: "THAI the reports of Mayor T.W. Constable be received." CARRIED UNANIMOUSLY The Meeting recessed at 9:02 P.M. The Meeting reconvened at 9:14 P.M. with all members present. B. Parks and Recreation Commission - Referendum Committee A report of the Burnaby Parks and Recreation Commission Referendum Committee under date of June 16, 1976 was received indicating that at its meeting of the 19th of May, 1976 the Commission approved the following recommendation of the Referendum Committee: "That the Commission endorse the Committee's recommendation to go for a Five Year $10 - $12 Million By-law independent of a Roads and Library By-law." It was also indicated that Staff were instructed to prepare a Five Year Programme of approximately $10 Million using inflated costs at 1 0 % per annum compounded. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN AS T : "THAT the subject matter be tabled and be considered with Item 45, Manager's Report No. 48, 1976." / CARRIED UNANIMOUSLY C. The Municipal Manager presented Report No. 48, 1976 on the matters listed following as Items 1 to 46 either providing the information shown or recommending the courses of action indicated for the reasons given. 1. Self-Serve Gasoline Service Stations The Municipal Manager provided a report of the Director of Planning covering the subject of zoning By-law changes for the control of self-serve gasoline service stations. It was Indicated that possible uses for presently closed down service stations will be dealt with in a separate report. The following zoning By-law amendments were proposed for the designation and control of self-serve service stations: 773 . 16 ■> July 19, 1976 "1) Definitions (Section 3) The deletion of the present definition of "Gasoline Service Station" and its replacement by: a) "Gasoline Service Station, Conventional" means any building or land used or intended to be used for the retail sale of motor fuels and lubricants that are dispensed by an attendant for the customer, and which may include the servicing and minor repairing of motor vehicles and the sale of automobile accessories b) "Gasoline Service Station, Self-Serve" means any building or land used or intended to be used for the retail sale of motor fuels and lubricants that are dispensed by the customer, and which may include the servicing and minor repairing of motor vehicles and the sale of automobile accessories. 2) Designation of Districts (Section 5.1) The addition of the C 6 a designation to the C 6 Station) District category in Schedule III. (Gasoline Service 3) The replacement of "Gasoline Service Stations" by "Conventional Gasoline Service Stations" in the "Uses Permitted" Sections of the following zoning categories: Cl (Neighbourhood), C2 (Community), C3 (General) and C4 (Service) Commercial Districts. 4) The deletion of Section 306.1 - Uses permitted in the C6 (Gasoline Service Station) District and the inclusion of the following: \ 306.1 Uses Permitted: V ~~ 1) Conventional gasoline service stations. 2) Self-Serve gasoline service stations on properties having a C6 A designation. 3) Accessory buildings and uses." It was recommended by the Municipal Manager that: 1. The Council receive the report of the Planning Department and request the preparation of a By-law to permit the introduction of the proposed text amendments into the Burnaby Zoning By-law as outlined in the Planner's report; / 2. These amendments be advanced to a Public Hearing on September 21, 1976; and 3. A further report concerning the rezoning of certain existing selfserve gasoline service station sites be prepared for the consideration of Council, once the proposed Zoning By-law amendments have been finalized. MOVED BY ALDERMAN GUNN: SECONDED BY ALDERMAN RANDALL: "THAT the recommendations of the Municipal Manager be adopted." MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDEBMAN McLEAN: "THAT the subject matter be referred back to Staff for clarification on whether the amendments would allow self-serve to be in a regular service station." CARRIED UNANIMOUSLY 774 17 July 19, 1976 It was requested that the Director of Pl&uning report on the question of controls on existing self-serve stations in residential areas* 2. Application for Strata Title Approval of an Existing and Occupied Duplex — 4459/61 Inman Avenue / STA #4/76 The Municipal Manager provided a report of the Director of Planning wherein it was indicated that the Planning Department is in receipt of an application for Strata Title approval of an existing and occupied duplex at the subject address. Council approval is required since the building permit for construction was not issued on the basis of Strata Title use. It was recommended by the Municipal Manager that the subject's application for Strata Titling be approved, subject to the fulfillment of Sections 6.1 through 6.7 of the Guidelines for Duplex Condominiums and Conversions. MOVED BY ALDERMAN GUNN: SECONDED BY ALDERMAN RANDALL: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 3. Application for Strata Title Approval of an Existing and Occupied Duplex — 7486/88 Holly Street / STA #16/75 The Municipal Manager provided a report of the Director of Planning wherein it was indicated that the Planning Department was in receipt of an application for Strata Title approval of an existing and oc cupied duplex at the subject address. Council approval is required since the building permit for construction was not issued on the basis of Strata Title use. It was recommended by the Municipal Manager that the subject's application for strata titling be approved subject to the fulfillment of Sections 6.1 through 6.7 of the Guidelines for Duplex Condominiums and Conversions. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: — — — — — — — — — —— — — ^ "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 4. Dedication of Haszard Street by the Corporation Subdivision Reference #55/75 - Rezoning Reference #54/75 The Municipal Manager provided a report of the Director of Planning wherein it was indicated that one of the prerequisites to the above noted rezoning application is the completion of Haszard Street to a full standard. It was noted that Haszard Street was currently fully constructed to the boundary of land held by the Corporation and it was necessary that a portion of the Corporation land be dedicated as shown for road purposes. It was recommended by the Municipal Manager that Council approve the dedication of road allowance necessary for the completion of Haszard Street. 775 •"'W July 19, 1976 MOVED BY ALDERMAN STOSIAK: SECONDED BY ALDERMAN AST: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 5. Letter from Mrs. T. Eaves, Secretary, Stratford Gardens Senior Citizens Group, dated June 29, 1976 that appeared on the Agenda for the July 5, 1976 Meeting of Council (Item 4e) Request for Bus Service The Municipal Manager provided a report of the Municipal Engineer indicating that in their most recent discussions with Hydro they had been advised that they still are not in favour of rerouting existing bus services in the Stratford Gardens area, however, they will make special note of this request for future consideration when upgrading existing services. It was recommended by the Municipal Manager that: 1. No further action on the subject request be taken at this time; and 2. Mrs. Eaves be advised accordingly. MOVED ALDERMAN RANDALL: SECONDED BY ALDERMAN GUNN: "THAT the recommendations of the Municipal Manager be adopted." MOVED BY ALDERMAN GUNN: SECONDED BY ALDERMAN EMMOTT: V "THAT Recommendation number 1 be deleted and substituted with 'That the Municipal Engineer be instructed to put in a third bus shelter at this location'." CARRIED UNANIMOUSLY A vote was then taken on the Motion as amended as moved by Alderman Randall and seconded by Alderman Gunn and CARRIED UNANIMOUSLY. 6 . Medical Health Annual Report - 1975 / The Municipal Manager provided an Annual Report of the Medical Health Officer covering the activities of his Department for the year 1975. MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN SIUSIAK: "THAT the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY 7. Request for Approval to issue P.P.A. #3744 D.L. 155B. Lot 22. Plan 26369 - 5820 Byrne Road. Burnaby. The Municipal Manager provided a report of the Director of Planning indicating that application had been received by the Planning Department for the development of a shop expansion at the above address. It was indicated that this type of operation is permitted in both M3 and M2 districts, hence the expanded use would also be 776 19 July 19, 1976 permitted provided that the other requirements of the By-laws are met. It was recommended by the Municipal Manager that the Planning Depart ment be given authorization to grant Preliminary Plan Approval to the proposed development at 5820 Byrne Road, Burnaby. MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN RANDALL: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 8 . Sprott/Lubbock Farm, Canada Way and Haszard Street Century Park Museum Association request re naming of Parks The Municipal Manager provided a report of the Parks and Recreation Administrator indicating that the Parks and Recreation Commission had concurred with the request of the Century Park Museum Association to name the proposed park at Canada Way and Burris Street "Lubbock's Woods". It was also indicated that the portion of linear park to the north of the proposed development between Sperling Avenue and Burris Street be named "Henry Welsh Park". MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN RANDALL: "THAT the report of the Municipal Manager be received for Information purposes." ‘ v CARRIED UNANIMOUSLY 9. District Community School Advisory and Co-ordinating Committee The Municipal Manager provided a report of the Parks and Recreation Administrator enclosing terms of reference of the District Community School and Advisory and Co-ordinating Committee as revised by the District Community School Advisory and Co-ordinating Committee at its inaugural meeting of June 7, 1976. It was indicated these were received and approved by the Parks and Recreation Commission at its meeting of July 7, 1976. // MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN STUSIAK: "THAT the report of the Municipal Manager be received for Information purposes." CARRIED UNANIMOUSLY 10. Burnaby Expropriation By-law No. 7, 1965 - By-law No. 4729 adopted May 10, 1965 (E) - 1730 Springer Avenue 7024 Sq. Ft.. Lot 4. D.L. 126. Group 1. PI. 24097 (Manifold) The Municipal Manager provided a report of the Land Agent wherein it was indicated that they were in receipt from Mr. Manifold an offer to settle the expropriation of the easement on the above noted property for the sum of $1,200. or 17c P®t square foot. It was indicated Mr. Manifold's offer was reasonable and they would recommend acceptance. 777 20 . C) July 19, 1976 It was recommended by the Municipal Manager that Mr* Manifold be paid the sum of $1 ,2 0 0 * for the foregoing captioned easement* MOVED BY ALDERMAN AST: SECONDED BY ALDERMAN RANDALL: "THAT the recommendation of the Municipal Manager be adopted." \ CARRIED UNANIMOUSLY 11* Closure of former Government Street from Gardston Court West to Halston Court Road Closure - Reference #28/74 The Municipal Manager provided a report of the Director of Planning Indicating Government Street has been discontinued and relocated to the south paralleling the freeway In the adopted Community Plan for areas G and H. As a result of rezoning and road completion in the area, the former Government Street is now closed to traffic. It was indicated it is now in order that a road closing By-law be introduced subject to the following considerations: 1) Retention of all non-municipal utilities within registered easements subsequent to the closure. 2) Seeding of the area by Dunhill Development Corporation to the approval of the Municipality. 3) Subsequent maintenance of the area by the Parks Department. 4) Provision of all necessary survey plans by the Municipal Surveyor to close the road and create a parcel with title to be held by the Corporation. y It was recommended by the Municipal Manager that a Road Closing By-law as outlined in the report item be introduced. MOVED BY ALDERMAN LAWSON: SECONDED BY ALDERMAN AST: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 12* Withdrawn 13. Subdivision Servicing Agreement - Subdivision Reference #75/74 The Municipal Manager provided a report of the Director of Planning wherein it was indicated that the subdivider has completed require ments leading to final approval of the above referenced subdivision. It was recommended by the Municipal Manager that Council authorize the preparation and execution of the Servicing Agreement for Sub division Reference #73/74. It was indicated that the Servicing Agreement would also indicate "Also construct street lighting on Norcrest Court as shown on the approved design." MOVED BY ALDERMAN LAWSON: SECONDED BY ALDERMAN AST: "t h a t the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 778 21 , July 19, 1976 14. Proposed Mini-Bike Park The Municipal Manager provided a report Administrator Indicating that the Parks at Its meeting of July 7, 1976 resolved in principle the use of certain land in purpose of creating a Mini-Bike Park. of the Parks and Recreation and Recreation Commission to request Council to approve the Big Bend Area for the The Municipal Manager also provided a report of the Planning Director pointing out that the land proposed by the Parks and Recreation Commission for such a Park is land that is designated in our Big Bend Development Plan for CD industrial use. It was indicated a Municipal Staff Committee is now in the process of trying to finalize its report on the use of trails by motorcycles and other recreational type vehicles. While the report has not been concluded it would appear that the Com mittee will probably be recommending that all such vehicles be prohibited from operating in Burnaby other than on streets. The Committee is now addressing itself to the question of how to police and enforce such a By-law if it were brought in. It was recommended by the Municipal Manager that: 1. Council not approve the site as suggested by the Parks and Recreation Commission for a proposed Mini-Bike Park as it would be at variance with the previously adopted Big Bend Development Plan; and 2. The Council endorse the concept of establishing such a facility at the Regional level; and 3. A copy of this report item be forwarded to the Parks and Recrea tion Commission. * \ MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN GUNN: "THAT the subject matter be referred to the Parks and Recreation Commission for consideration and comment to Council." CARRIED UNANIMOUSLY 15. Amenity Levy for the acquisition of Public Open Space Metrotown Centre and Local Town Centres The Municipal Manager provided a report of the Director of Planning wherein it was recommended that: 5.1 Council not establish an amenity levy for public open space in Local Town Centres at this time for the reasons outlined in Section 2.0 of this report. 5.2 Council establish an Amenity Levy for the acquisition of public open space within the Metrotown precinct which will apply to commercial developments. 5.3 The Amenity Levy for the acquisition of public open space apply to Preliminary Plan Approval and/or Rezoning commercial applications within the Metrotown precinct. 5.4 Council approve an Amenity Levy which is determined on the basis of. a) $0.40 per sq. ft. for the first 40,000 sq. ft. of gross commercial floor area; b) $0 . 2 0 per sq. ft. for any additional gross commercial floor area in excess of 40,000 sq. ft. i 779 22. July 19, 1976 5*5 The Planning Department be authorized to report to Council to obtain authority for the Land Agent to negotiate for specific property designated in the Metrotown area when sufficient funds are accumulated in the Amenity Levy for Public Open Space Reserve Account. 5.6 Developer/applicants of commercial rezoning proposals in the Hetrotwon area be infoxmed that the provision of appropriate art work within development projects would be expected and that sufficient design and written explanatory details of the proposed art work be submitted at the time of the Public Hearing for the consideration of Council and the public. It was recommended by the Municipal Manager that: 1. The recommendations of the Planning Director be adopted; and 2. The recommendations be reviewed at or about December 31, 1976. MOVED BY ALDERMAN EMiOTT: SECONDED BY ALDERMAN GUNN: "THAT the subject matter be tabled for two weeks." CARRIED UNANIMOUSLY 16. Proposed sale of Municipal property - Lot "C", Block 2, D.L. 162, Plan 18927 - 8655 Royal Oak Avenue The Municipal Manager provided a report from the Chief Building Inspector which basically advises that the building permit for a dwelling on the property might be obtained, but it would require prior approval from the Health Department, Engineering Department as well as a special foundation design. It was indicated that the Health Department is of the opinion that a septic tank and tile disposal field servicing a single family dwelling could be installed on this property and comply with the requirements of the Provincial Government Regulations governing sewage disposal providing certain requirements were met. The Municipal Manager also provided a report of the Planning Director dated July 12, 1976 regarding the sale in which the Planning Director recommends that until such time as firm arrangements can be made to use the property agriculturally either by the Municipality or privately, the Municipality retain ownership of it. / It was recommended by the Municipal Manager that: 1. The property not be re-offered for sale 2. Authority be given to have the building and charged to the Parks and Recreation 3. A copy of this report item be forwarded Commission. at this time; and on the lot.demolished Department budget; and to the Parks and Recreation MOVED BY ALDERMAN AST: SECONDED BY ALDERMAN RANDALL: "THAT the recommendations of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 17. Delegation from Burnaby Information Centre which appeared at the Municipal Council Meeting of July 5, 1976 in connection with proposed bus changes which involved the by-passing of the Edmonds Loop 780 23 This subject matter was considered previously under Item 4(h) Correspondence and Petitions. 18. 1975 Treasurer's Financial Report The Municipal Manager provided a formal printed version of the Treasurer's Financial Report for the year ended December 31, 1975. It was indicated the public could obtain copies of it by contacting the Treasury Department. MOVED BY ALDERMAN A S T : SECONDED BY ALDERMAN RANDALL: "THAI the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY 19. Tenders for 1976 Local Improvement Program, Part II Contract No. 7613 ____________________ _ The Municipal Manager provided a report of the Purchasing Agent indicating tenders for the subject project were received up to 3:00 P.M. local time on the 13th day of July, 1976 for the supply and installation of road construction materials on sundry streets in Burnaby. " It was recommended by the Municipal Manager that the lowest tender submitted by Columbia Bitulithic Limited for the sum of $458,404.80 be accepted, with final payment to be based on actual quantities and the unit prices tendered, providing that no action be taken by the Municipal Engineer with respect to Sutliffe Street until this project is finalized as a result of the pending report and that the contractor be advised that the Sutliffe Street project may or may not be proceeded with. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN A S T : "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 20. Tenders for 1976 Local Improvement Program, Part III Contract No. 7614____________________________________ The Municipal Manager provided a report of the Purchasing Agent indicating tenders for the subject project were received up to 3:00 P.M. local time on the 14th day of July, 1976 and includes the supply and installation of road construction materials on sundry streets in Burnaby. It was recommended by the Municipal Manager that the lowest tender submitted by Jack Cewe Ltd. for the sum of $372,777.00 be accepted with final payment to be based on actual quantities and the unit prices tendered. MOVED BY ALDERMAN A S T : SECONDED BY ALDERMAN STUSIAK: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 781 I* 21. Youth Services Division The Municipal Manager provided a report of the Youth Services Division of the Department of Human Resources covering the period April 1 to June 30, 1976. It was requested that the Municipal Manager discuss with Mr. Noble the intent in relation to the Youth Services Division on the takeover by the Provincial Government. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: "THAT the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY 22. Financial Report The Municipal Manager provided a report of the Municipal Treasurer providing the Financial Report for the period January 1 to June 27, 1976 as compared with figures for the period January 1 to June 29, 1975. MOVED BY ALDERMAN RANDALL: SECONDED BY ALDERMAN STUSIAK: "THAT the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY 23. Human Resources Report The Municipal Manager provided a report from the Human Resources Administrator on disbursements and caseloads for select months in 1975 as compared to the same months in 1976. MOVED BY ALDERMAN GUNN: SECONDED BY ALDERMAN STUSIAK: "THAT the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY 24, Intersection Problem - Sperling Avenue and Curtis Street The Municipal Manager provided a report of the Municipal Engineer wherein it was indicated the major obstacle to a free flow of traffic at this time is when large trucks either load or unload lumber on Curtis Street, or maneuver to back into or out of the lumber yard itself. It was also indicated that on the question of widening the road that three of the four approaches are now constructed to a final standard with curb and gutter. Only the east leg of Curtis Street is of an interim standard and recent pavement widening, and a parking ban on the north side, have provided a two lane approach to the intersection. The Municipal Manager also advised that the Planning Director had reported under date of May 12, 1975 Indicating the operation is legally non-conforming as the property is zoned M4, Special Industrial District category which does not permit retail building supply establishments as a principal use. It was indicated the operators of 782 25 July 19, 1976 the company have made enquiries In past years as to the prospects of rezoning of adjacent properties to a category which will permit their operation to expand at this location. MOVED BY ALDERMAN McLEAN t SECONDED BY ALDERMAN DRUMMOND: "THAT the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY V MOVED BY ALDERMAN AST: SECONDED BY ALDERMAN DRUMMOND: "THAT the Planning Department consult with Curtis Lumber Company with a view to relocating their activities to another location with an intent to improve safety." MOVED BY ALDERMAN EMMOTT: SECONDED BY ALDERMAN RANDALL: "THAI the resolution as moved by Alderman Ast and seconded by Alderman Drummond be referred to the Planning Department for report back to Council." CARRIED UNANIMOUSLY 25. Effect of Boundary Road Widening on Central Park The Municipal Manager provided a report of the Parks and Recreation Administrator requesting that Council receive the C.D. Shultz & Co. Ltd. report on the trees which will have to be removed from Central Park as a result of the proposed widening of Boundary Road and that Council forward this report to the City of Vancouver. The Municipal Manager expressed concern that if this report is simply forwarded to the City of Vancouver without any explanation it will cause a great deal of confusion. It was recommended by the Municipal Manager that a copy of this report be forwarded to the City of Vancouver, the Burnaby/Vancouver Parks & Recreation Committee and the Burnaby Parks & Recreation Commission for their information. MOVED BY ALDERMAN EMMOTT: SECONDED BY ALDERMAN LAWSON: / "THAT the subject matter be referred to the Municipal Manager for a further updated report from the Planning Department." CARRIED UNANIMOUSLY 26. E n gineer^ Special Estimate The Municipal Manager provided a report of the Municipal Engineer covering a special estimate of work in the total amount of $166,000. to install storm sewer drainage under Work Order No. 32—904. It was indicated the work was to be constructed in conjunction with the 1976 Local Improvement Programme. It was recommended by the Municipal Manager that the estimate be approved as submitted. MOVED BY ALDERMAN RANDALL: SECONDED BY ALDERMAN McLEAN: "THAT the recommendation of the Municipal Manager be adopted . 783 CARRIED UNANIMOUSLY 1 July 19, 1976 27. Police Court - Transfer of responsibility of collection of By-law fines to Municipality from the Province (Item 10. Manager's Report No. 25, April 20, 1976)_____ The Municipal Manager provided a report of the Municipal Treasurer dated July 14, 1976 regarding the above. It was indicated that the Attorney-General's Department has agreed to carry on with collections until such time as modifications have been made and the equipment and manpower available. October 1, 1976 has been set as a tentative takeover date. Agreement has been reached to reimburse the Attorney-General's department during this interim period for staff equal to one Clerk three days a week. It was recommended by the Municipal Manager that: 1. Staff be engaged and the necessary equipment and supplies be purchased; and 2. During the period 1 July until approximately 1 October, 1976 the Municipality reimburse the Attorney-General's department equivalent to one Clerk 2 for three days a week; and 3* The sum of $10,375. be transferred from Contingency to provide funds to take over the responsibility of the collection of fines from the Provincial Government. MOVED BY ALDERMAN RANDALL: SECONDED BY ALDERMAN LAWSON: "THAI the recommendations of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 28. Discharge of a plume of steam - Chevron Refinery. June 27. 1976 The Municipal Manager provided a report of the Chief Public Health Inspector indicating the department had requested and received written explanation from Chevron Refinery officials as to the cause of the emission. It was indicated they have contacted the Regional Air Pollution officials and ascertained that they agree with the explanation as submitted by Chevron authorities. Mr. J.A. Robinson Technical Services Supervisor, states that the possibility of reoc currence of this type of upset will only occur if brought into effect by safety precautions. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN McLEAN: "THAT the report of the Municipal Manager be received for information purposes." CARRIED UNANIMOUSLY 29. Subdivision Reference #83/76 Restrictive Covenant The Municipal Manager provided a report of the Planning Director under date of July 15, 1976 indicating the department received a subdivision application from Mr. R. Lee for property fronting on Hastings Street east of Duthie Avenue. It was stated the intention of the Corporation was to acquire a further 20 foot widening on the north side of Hastings Street in this general locality and proposing that Council enter into an agreement under Section 24A of the Land Registry Act ensuring the south 10 feet of Lot 2 is reserved for highway purposes. 784 27. ■■'i July 19, 1976 It was recommended by the Municipal Manager that Council authorize the preparation and execution of a restrictive covenant on Lot 2 specifying a 2 2 foot building setback on the south side of the lot and reserving the south 1 0 feet for road purposes. MOVED BY ALDERMAN AST: SECONDED BY ALDERMAN STUSIAKt "THAI the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 30. Refuse pickup from Strata Title properties Notice of Motion Council Meeting of June 7. 1976 The Municipal Manager provided a report of the Municipal Engineer wherein it was indicated that the development groups, the design architect and the Strata Management Companies should be involved in the discussions and accordingly two meetings were convened where a large representative group exchanged ideas with Staff members from Planning and Engineering. Our Sanitation Supervisors who will have direct control of the container operation also attended. It was indicated Council has charged staff with providing Strata Title developments with containerized refuse services in the most efficient manner possible. To do this, there must be flexibility in the choice of routing and frequency of pickup. It was recommended by the Municipal Manager that: 1. The Planning and Engineering Departments be authorized to work with developers and architects through rezoning procedures in achieving an efficient and aesthetically satisfactory solution for the pickup of garbage in Strata Title developments; and 2. Flexibility be retained in the choice of routing and frequency of pickup. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN McLEAN: "THAT the recommendations of the Municipal Manager be adopted." CARRIED UNANIMOUSLY /f 31. Preliminary Plan Approval #3739 - 7405 Lowland Drive D.L. 166A, Lot 41 The Municipal Manager provided a report of the Planning Director under date of July 13, 1976 indicating that application had been received for the development of a new warehouse for a building contractor at the above address. It was stated the existing zoning is M2 and the revised Big Bend Development Plan has designated this area for future M2 zoning and use. This type of operation i6 per mitted in M2 districts provided that the other requirements of the By-law are met. It was recommended by the Municipal Manager that the proposed development be approved. MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN RANDALL: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 785 Cl July 19, 1976 32. Letter dated July 8 , 1976 from Hr. and Mrs. Westlake, 4696 Westlawn Drive appealing a decision of the Municipal Engineer with respect to the width of the vehicle crossing at 4696 Westlawn Drive This subject matter was considered previously under Item 4(e) Correspondence and Petitions. 33. Rezoning Reference No. 56/73 - Lot 8 , Blocks 1 & 2, D.L. 97, Plan 3425 - 6187/91 Kingsway, Proposed Apartment Development The Municipal Manager provided a report of the Director of Planning Indicating that the subject rezoning request was ready to proceed to a Public Hearing for consideration in that an acceptable design solution for the site in the context of the approved guide plan in the 1969 apartment study can be achieved through the Incorporation of several development considerations. It was recommended by the Planning Director that Council authorize the preparation and execution of a restrictive covenant under Section 24A of the Land Registry Act to permit interim access to Kingsway as described in Section 3.1 of the report; and that Council receive the report of the Planning Department and request that a rezoning By-law be prepared and that the rezoning be advanced to a Public Hearing on August 17, 1976 and that the several prerequisites outlined for the completion of the rezoning be established. It was recommended by the Municipal Manager that the recommendations of the Planning Director be adopted. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: V "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY / 34. Proposal to close Village Drive - Greentree Village The Municipal Manager provided a report of the Parks and Recreation Administrator indicating a recommendation of the Parks and Recreation Commission to recommend to Council that Village Drive be closed to vehicular traffic and that the roadway be incorporated into the school/park site under the jurisdiction of the Commission. The Municipal Manager also provided a report of the Director of Planning recommending against the closing of Village Drive to traffic after a thorough study of the question. It was recommended b y the Municipal Manager that: 1. Village Drive continue as a dedicated public street open to traffic; and 2, A copy of this report item be forwarded to the Parks and Recreation Conmission and Conse-C Enterprises. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: "THAT the recommendations of the Municipal Manager be adopted." MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN GUNN: "THAT the subject matter be referred back to the Parks and Recreation 786 29 July 19, 1976 Commission for further Input and comment on a suggestion'to have a left turn on Wayburne Drive for southbound traffic*" CARRIED UNANIMOUSLY 35* Letter dated July 6 , 1976 from Mr. Allard W. Van Veen, Executive Director, Outdoors Unlittered, 1200, 1326 Johnstone Road, White Rock "Clunker Week" - September 13 to 17* 1976 This subject matter was considered previously under Item 4(c) Correspondence and Petitions. 36. Closure of Fifteenth Avenue at Marine Drive Subdivision Reference #127/75 The Municipal Manager provided a report of the Director of Planning under date of July 9, 1976 indicating the Planning Department had been in receipt of an application for subdivision in August of 1975 of three properties abutting the 15th Avenue road allowance which is currently unconstructed and does not contain any facilities. As a result of a review of the road needs and topography of the area in general, it was determined that Fifteenth Avenue should not be con structed as a through street from Willard to Marine Drive. It is therefore in order that the remaining allowance not required for road purposes be considered redundant and as such saleable for inclusion with the subject subdivision. It was recommended by the Municipal Manager that: 1. Council approve the sale of the redundant Fifteenth Avenue Allowance as outlined above for the sum of $18,500; and 2. Council authorize the introduction of a highway exchange By-law for Fifteenth Avenue. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN McLEAN: 1 - - - ^ "THAT the recommendations of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 37. Delegation - Letter dated June 30, 1976 from Mr. L.E. Barclay, W.B. Holdings, 4641 Byrne Road regarding weed control in the fronting ditch This subject matter was considered previously under Item 2(a) Delegations. 38. Rezoning Reference #15/75 — 6483 Trapp Avenue (Mrs. Charlotte Rozman) The Municipal Manager advised that it has previously been established that it is not possible for Mrs. Rozman to enter into an agreement with the City of New Westminster regarding the annual sewer charges because the City, in the case of default of payment of such charges, would not be able to charge these payments as arrears against the property. It will be necessary for Burnaby and New Westminster to enter into an agreement to allow Mrs. Rozman to connect to the New Westminster sewer system. The Solicitor has also advised that we indeed could enter into an agreement with Mrs. Rozman in which she covenants to pay whatever charges are levied against Burnaby by New Westminster for the annual charges. It was indicated that this agree ment may not be registered as a charge against the property in the L*nd Registry Office. 787 July 19, 1976 It was recommended by the Municipal Manager that this matter be tabled 'until the Planning Director brings forward the Community Plan that is to be completed by approximately the end of August, 1976. MOVED BY ALDERMAN AST: SECONDED BY ALDERMAN RANDALL: "THAT the recommendation of the Municipal Manager be adopted." CARRIED OPPOSED: Alderman Stusiak 39. Letter dated June 29, 1976 from Mrs. Geraldine Sandberg, President, Lochdale P.T.A., 6990 Aubrey Street regarding Mini-Bikes This subject matter was considered previously under Item 4(b) Correspondence and- Petitions. 40. Several letters from residents in the Brentwood area objecting to the July 7, 1976 closure of Dellawn Drive at Springer, and Halifax Street West of Woodway Place This subject matter was considered previously under Item 4(x) "Correspondence and Petitions. 41. Deer Lake Park - Project Landscape Architect/Parks Planner The Municipal Manager provided a report of the Planning Director under date of July 15, 1976 indicating included within the recommendations adopted by Council in the report entitled "Deer Lake Development Con cept" was one which stated that a landscape architect be retained to prepare a detailed landscape plan for the town park within guidelines provided by the Parks and Planning Departments. The Planning Department has made provision for the hiring of such a consultant in its 1976 budget adopted by Council. Following advertisements in the Vancouver Sun outlining the scope of the project, the Municipality received 13 applications for this commission. It was recommended by the Municipal Manager that: 1. The Corporation of the District of Burnaby enter into an agreement with Charles Torrence Consultants for the preparation of the detailed Master Plan for the Deer Lake Area in accordance with the Consultant's proposal of May 28, 1976, for a total cost of $22,000.00 subject to the concurrence of the Parks and Recreation Commission; and 2. A copy of this report item be forwarded to the Parks and Recreation Commission. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN GUNN: "THAT the recommendation, as amended, of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 42. Letter dated July 9, 1976 from Mr. Vincent E. Forbes, Executive Vice-President, Better Business Bureau of the Mainland of British Columbia, 1200 - 100 West Pender Street in connection with Income Tax Discounters. Tax Refund Buyers___________ _________ _ __________ This subject matter was considered previously under Item 4(f) Correspondence and Petitions. 788 31 July 19, 1976 43. Erosion - Kaymar/Suncrest Ravine The Municipal Manager provided a report of the Municipal Engineer Indicating their consulting engineer has completed the design drawings for the project and produced his final cost estimates for the project of $610,000*00. It was indicated that the substantial increase arises primarily because of the side slope stabilization work which is difficult and unusual in nature. It was recommended by the Municipal Manager that: A 1. The cost estimate for the storm drainage borrowing By-law as related to the Kaymar/Suncrest Ravine project be increased from $435,000.00 to $610,000.00; 2. The interim financing from the "Reserve for Capital Works" be predicated on the revised estimate of cost of $610,000.00; and 3. A copy of this report be forwarded to the Parks and Recreation Commission. MOVED BY ALDERMAN KcLEAN: SECONDED BY ALDERMAN LAWSON: "THAT the recommendations of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 44. Inspection of Central Valley Sanitary Sewers and Kaymar/Suncrest Ravine Improvements The Municipal Manager provided a report of the Municipal Engineer under date of July 15. 1976 indicating design drawings for both projects have been completed and contract documents prepared for tender call. It was indicated that Web Engineering Ltd. was selected because of their past experience and their obvious familiarity with the projects and the fact that the Schedule of Fees allows for a higher rate of payment where design services have been completed by others. It was recommended by the Municipal Manager that an Agreement be entered into with Web Engineering Ltd. to provide engineering services for survey layout and resident inspection on the installation of sanitary sewer: in the Central Valley Area #7. Phase III and also in the work connected with piping and stabilizing the Kaymar/Suncrest Ravine in accordance with the proposal dated 15 July. 1976. MOVED BY ALDERMAN AST; SECONDED BY ALDERMAN STUSIAK: "THAT the recommendation of the Municipal Manager be adopted." CARRIED UNANIMOUSLY 45. Money By-laws for Submission to Electors 20 November. 1976 The Municipal Manager provided a report of the Capital Improvement Programme Committee which concluded as follows: "We have three large programs of works before us. It is quite obvious that the practice of the past of putting five year single purpose By-laws to the electorate is totally impractical. It will only be by co-operation of all concerned that a reasonable start can be made on each of them. The most practical approach is to place a two year program before the electors on 20 November and a further one in 1979 and every two years thereafter. The first By-law should be 789 H July 19, 1976 stretched to three years or, alternatively, the works nay be con structed in the first two and in the third year, no work undertaken. At the same time, a. close watch must be taken of pur economy to ensure that debt charges that may be incurred can safely be taken on. If Council determines that this By-law is to be placed before the electors this year, the first three readings of the referendum should take place on 13 September to permit time enough to carry out the necessary pro cedures before the date of the election." It was recommended by the Municipal Manager that: 1. The program of works totalling $16,360,000.00 outlined on Page 8 be considered by Council for inclusion in a composite referendum for submission to the electors on 20 November 1976; 2. All concerned be instructed to firm up estimates and take the steps necessary to assure the receipt of the grants shown in the program; 3. Subject to the economic situation prevailing in the Municipality in the year 1979, a further composite referendum be considered for submission to the electors in November of that year; and A. The Parks and Recreation Commission and the Library Board be advised of Council's decision. MOVED BY ALDERMAN GUNN: SECONDED BY ALDERMAN AST: "THAT the Parks and Recreation Commission programme as presented in five years be approved, that the Roads programme in two years be approved, and that the Library programme be tabled for two weeks with the recommendation to the Parks and Recreation Commission and the Burnaby Library Board that they join together in one referendum By-law." CARRIED OPPOSED: Alderman Randall Alderman Randall indicated opposition to the lack of a composite By-law rather than the proposed works in question. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN AST: "THAT the Meeting continue past 10:30 P.M." s CARRIED UNANIMOUSLY 46. Rezoning Applications The Municipal Manager provided a report of the Director of Planning covering various rezoning applications as follows: 1. RZ #22/76 Application for the rezonlng of Lot A, S.D. 3 & 4, Block 12, D.L. 155A, Plan 16013 From: Gasoline Service Station District (C6 ) To: Residential District (R5) 6152 S.E. Marine Drive MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN AST: "THAT the reconmendations of the Director of Planning as contained on Page 305 of the Council Agenda of July 19, 1976 be adopted." CARRIED UNANIMOUSLY 790 33 'I July 19, 1976 2. RZ #24/76 Application for the rezoning of: Parcel A, Ex. Plan 17196 Exc. W 33*, S.D. 3 & 4, Block 44, D.L. 69, Plan 1321; Lota 5, 6 , 7 & 8 , Block 44, D.L. 69, Plan 1321; Lots 9 W 1/2 & 9 E 1/2 exc. Ref. Plan 31231, Block 44, D.L. 69, Plan 1321 From: Residential District (R5) and Service Commercial District (C4) To: Community Commercial District (C2) 3777/3781/3785/3795 Canada Way, 3225 Smith Street, 3778/3786 Norfolk Street. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: "THAT the recommendations of the Director of Planning as contained on Page 311 of Council Agenda of July 19, 1976 be adopted." CARRIED UNANIMOUSLY 3. RZ #25/76 Application for the rezoning of: Parcel L, Ex. Plan 14041, Block J, D.L. 96, Plan 3907 From: Residential District (R5) To: Light Industrial District (M5) 7435 Griffiths Avenue. MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN RANDALL: ” 1~ \ "THAT the recommendations of the Director of Planning as contained on Page 319 of Council Agenda of July 19, 1976 be adopted." CARRIED UNANIMOUSLY 4. RZ #61/75 Application for the rezoning of: Lot 240, D.L. 85, Plan 49244; Parcel 3, Ref. Plan 1843 & Parcel 2, Ref. Plan 1844 exc. Ref. Plan 1783 & Plan 26009 and part North of Plan 26009, D.L. 87 From: Residential District (R4) To: Comprehensive Development District (CD) 5620/5740 Canada Way. MOVED BY ALDERMAN A S T : SECONDED BY ALDERMAN RANDALL: "THAT the recommendations of the Director of Planning as contained on Page 327 of Council Agenda of July 19, 1976 be adopted." MOVED BY ALDERMAN STUSIAK: SECONDED BY ALDERMAN GUNN: "THAT Section 5.12 as follows: 'In considering the site coverage criteria a maximum number of units which could be attained would be 128 units. However, this number of units is a product of site coverage and unit size and may therefore have to be reduced to produce an acceptable plan; or to attain a variety of unit types.' as contained on Page 327 of Council Agenda of July 19, 1976 be struck from 791 Report Item No. 46 •i FOR: Aldermen Emmott, Gunn and Stusiak OPPOSED: Mayor Constable, Aldermen Ast, Drummond, Lawson, McLean and Randall MOTION DEFEATED A vote was then taken on the original Motion and CARRIED UNANIMOUSLY. N E W B U S I N E S S Mayor Constable noted that in dealing with Correspondence and Petitions Items 4(1) to 4(w) inclusive no direction had been given to Staff on this matter. (Proposed Bus Depot - 6 th Street and 16th Avenue) MOVED BY ALDERMAN EMMOTT: SECONDED BY ALDERMAN McLEANI "THAT the Director of Planning be asked to give consideration to reviewing the Community Plan and to the matter of rezoning this area." CARRIED UNANIMOUSLY MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN EMMOTT: "THAT the Committee now rise and report." \ CARRIED UNANIMOUSLY The Council reconvened* MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN EMMOTT: / "THAT the report of the Committee be now adopted." CARRIED UNANIMOUSLY MOVED BY ALDERMAN McLEAN: SECONDED BY ALDERMAN AST: / "THAT Council now resolve itself into a Committee of the Whole 'In Camera'." CARRIED UNANIMOUSLY 792 35