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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

SEPTEMBER 14, 2000

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, September 14, 2000, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	Councillor Don Lee, Acting Chair Mayor Philip Owen Councillor Fred Bass *Councillor Jennifer Clarke Councillor Daniel Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy (Chair) (Leave of Absence - Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

*denotes presence for a portion of the meeting.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of July 27, 2000, were adopted.

RECOMMENDATION

1. 375 Water Street - Off-Premise Sales in Class 'D' Brew Pub

The Quarterdeck Brewery Co. Ltd. File: 2615-21

This item was withdrawn from the agenda.

2. Civic Theatres: 649 Cambie and 865 Seymour Streets

Queen Elizabeth/Playhouse and Orpheum Theatres
Reclassification to Class 'E' Concert Halls File: 2616-1

The Committee had before it an Administrative Report dated August 11, 2000, in which the Chief License Inspector recommended Council endorse the request by Civic Theatres for a reclassification of their liquor licenses from Class 'A' Cultural Centre (Lounges) to Class 'E' Concert Halls at the Queen Elizabeth/Playhouse and the Orpheum Theatres. The General Manager of Community Services supported the recommendation.

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council endorse the request by Civic Theatres for the reclassification of their liquor licenses from Class ‘A’ Cultural Centres (Lounges) to Class ‘E’ Concert Halls at the Queen Elizabeth/Playhouse Theatres, 649 Cambie Street and the Orpheum Theatre, 865 Seymour Street, subject to the following conditions:

i. The service of alcohol be limited to 60 minutes prior to a performance, during the intermission and up to 60 minutes after a performance; and

ii. The service of alcohol not be permitted in the seating area of the theatre.

- CARRIED UNANIMOUSLY

(Councillor Clarke not present for the vote)

3. 1025 Davie Street: Off-Premise Sales in Class 'D'

Neighbourhood Pub - Fountainhead Pub Ltd. File: 2615-7

The Committee had before it an Administrative Report dated July 24, 2000, in which the Chief License Inspector submitted for consideration a request by Fountainhead Pub Ltd. for off-premise sales in the Class 'D' neighbourhood pub at 1025 Davie Street.

Guy Gusdal, License Coordinator, provided an overview of the Administrative Report.

Inspector Dave Jones, Patrol District 1, advised the Vancouver Police Department was opposed to the application for off-premise sales. Inspector Jones noted there were already adequate liquor outlets in the West End, and expressed concern that the Police would have to deal with subsequent problems in the surrounding area associated with the off-sales.

Inspector Jones and Paul Teichroeb, Chief License Inspector, responded to questions concerning off-sales in the West End and other parts of the city.

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council endorse the request by Fountainhead Pub Ltd., for off-premise sales in the Class ‘D’ Neighbourhood Pub at 1025 Davie Street, having considered the support of residents and business operators of the community as determined by neighbourhood notification.

- CARRIED

(Councillors Bass and Clarke opposed)

4. 3684 East Hastings Street - Class 'D' Neighbourhood Pub

605613 B.C. Ltd. File: 2615-19

The Committee had before it an Administrative Report dated August 3, 2000, in which the Chief License Inspector recommended Council endorse the request for a 65-seat with 20-seat patio Class 'D' Neighbourhood Pub at 3684 East Hastings Street.

Also before the Committee was a memorandum dated September 12, 2000, from the Chief License Inspector (on file), summarizing the Public Meeting held on September 7, 2000.

Guy Gusdal, License Coordinator, reviewed the application, noting that, if approved, a Class 'D' Pub would replace the existing cabaret at this location. Since finalization of the Administrative Report, Mr. Gusdal noted that there was now a possibility that the proposed relocation of the cabaret license to the Theatre Row Entertainment District may not proceed due to legal reasons, and if so, the applicant is willing to cancel the license. Mr. Gusdal suggested amending the recommendations contained in the Administrative Report to include conditions that no exotic entertainment be permitted, and that a signed legal agreement be obtained to ensure the permanent closure or relocation of the cabaret license at this location.

Mr. Gusdal, and Paul Teichroeb, Chief License Inspector, responded to questions concerning the application and the neighbourhood notification.

The following motion by Councillor McCormick was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council, having considered that the majority of area residents and business operators of the community are in favour of the application as determined by neighbourhood notification and public meeting and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by 605613 B.C. Ltd. for a 65-seat with 20-seat patio Class ‘D’ Neighbourhood Pub at 3684 East Hastings Street, subject to:

i) A Time-Limited Development Permit;

ii) A signed Operating Agreement for a new establishment which will include a provision to hold the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the Provincial Liquor License Regulations review;

iii) The signing of a Good Neighbourhood Agreement prior to the issuance of a Business License;

iv) The hours of operation limited to 10:00 a.m. to 12:00 midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. on Friday and Saturday;

v) The patio closing at 11:00 p.m.;

vi) No exotic entertainment be permitted; and

vii) A signed legal agreement, to the satisfaction of the Chief License Inspector and the Director of Legal Services, signed by the existing liquor license holder, the registered property owner and the applicant ensuring the permanent closure or relocation of the Class 'B/C' Cabaret liquor license at this location.

- CARRIED UNANIMOUSLY

5. Update on the Theatre Row - Granville Street

Entertainment District File 2611

The Committee had before it an Administrative Report dated August 30, 2000, in which the Chief License Inspector sought Council's approval of an amendment to the Granville Street Theatre Row Entertainment District Policy, provided an update on the status of the district, recommended Council endorse two support-in-principle cabaret applications, and recommended an amendment to another support-in-principle application for a neighbourhood pub. The General Manager of Community Services recommended approval of the foregoing.

Paul Teichroeb, Chief License Inspector, with the aid of charts, reviewed the Administrative Report. Mr. Teichroeb noted that since finalization of the report, staff have learned that the agreements to relocate cabaret licenses from other areas of the city to 900 and 952 Granville Street (as outlined in Recommendations B and C of the Administrative Report) may not proceed due to legal reasons. Should the relocations not occur, staff will report back to Council with appropriate recommendations to deal with those applications. Mr. Teichroeb also suggested a minor amendment to the conditions for the two cabaret applications, to include a condition for no off-site sales or exotic dancing.

Mr. Teichroeb responded to questions concerning the density of seat allocations for the 700-900 blocks of Granville Street, the seat relocation policy, and the queue for license applications.

The following speakers addressed the Committee regarding recommendations contained in the Administrative Report and raised points noted below:

· Mark Chernoff (brief filed)
· Dennis Coates, Mair Jensen Blair
· Bert Hick, Hick and Associates
· Vance Campbell, Granville Entertainment Group
· Blaine Culling, Granville Entertainment Group
· Jonathan Baker
· Kosta Zogaris
· Charles Wertman

· several speakers supported the proposed amendment to the seat relocation policy to expand the eligible area to qualify for seat relocation as outlined in Recommendation A; however, suggestions were made for further amendments to this policy to allow for alternatives to seat relocation;
· seat relocation is difficult to achieve as there are few licenses available to purchase and often involve dealing with disreputable operators;
· approval-in-principle conditions which are difficult, if not impossible, to fulfill have resulted in lengthy and costly delays to the projects outlined in Recommendations B and C;
· two speakers questioned the legality of requiring the removal of an existing license as a condition of a new license;
· suggestion was made that all current license applications be approved, which will not result in the seat allocation for the 900 block being very much over the limit;
· one speaker noted that his client's application for a license was not being processed due to other applications from one applicant being put ahead of all others;
· one speaker requested clarification as to whether the approval-in-principle outlined in Recommendation D was site specific or could be subsequently moved to another location;
· another speaker requested clarification as to the allowed property use of a building should the existing liquor license for the property be transferred out.

Mr. Teichroeb and Judy Rogers, City Manager, responded to questions from Council concerning issues raised by the foregoing speakers.

The following motion by Councillor Louis was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council amend the seat relocation policy for Theatre Row Entertainment District by expanding the area eligible to qualify for seat relocation to consider any Hotel Class ‘A’ Lounge/Pub or Class ‘C’ Cabaret liquor license establishments in a residential area or area of significant concern within the City of Vancouver.

FURTHER THAT once the existing support-in-principle approvals have received either final endorsement or have failed to satisfy the conditions of their approval within the specified time limit, then preference is to be given to applications involving premises relocating from the Granville South area of the downtown peninsula.

- CARRIED UNANIMOUSLY

The following motion by Councillor Clarke was put and carried. The Committee, therefore,

RECOMMENDED

B. THAT Council endorse the request from 490811 B.C. Ltd. for a 130-seat Class ‘C’ Cabaret at 900 Granville having considered the support of the majority of the residents and business operators of the community as determined by neighbourhood notification and subject to:

i time-limited development permit;

ii a signed legal Operating Agreement for a New Establishment which shall include the following provision:

a. Holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review;

iii the permanent closure or relocation of any Hotel Class 'A' Lounge/Pub or Class 'C' Cabaret liquor licensed establishment in a residential area or area of significant concern within the City of Vancouver, subject to Council approval and a legal agreement to the satisfaction of the Chief License Inspector and the Director of Legal Services and that this legal agreement be signed within 9 months from the date of Council’s resolution;

ivthe hours of operation are limited to 7:00 p.m. to Midnight on Sunday and 7:00 p.m. to 2:00 a.m. on Monday through Saturday;

v a signed Good Neighbour Agreement prior to business license issuance;

vi the applicant satisfying condition ‘iii’ above within the specified time limit and that failure to do so will result in staff notifying the General Manager of the Liquor Control and Licensing Branch that Council no longer supports the applicant’s request; and

vii no off-site sales or exotic dancing.

C. THAT Council endorse the request by Pravda Enterprises Limited Partnership (Pravda Enterprises Ltd., General Partner) (Pravda) (formerly Gilligan’s Entertainment Inc.) for a 130-seat Class ‘C’ Cabaret at 952 Granville Street having considered the support of the majority of the residents and business operators of the community as determined by neighbourhood notification and subject to:

i a time-limited development permit;

ii a signed legal Operating Agreement for a new establishment which shall include the following provision:

a. holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review;

iii the permanent closure or relocation of any Hotel Class 'A' Lounge/Pub or Class 'C' Cabaret liquor licensed establishment in a residential area or area of significant concern within the City of Vancouver, subject to Council approval and a legal agreement to the satisfaction of the Chief License Inspector and the Director of Legal Services and that this legal agreement be signed within 9 months from the date of Council’s resolution;

iv the hours of operation are limited to 7:00 p.m. to Midnight on Sunday and 7:00 p.m. to 2:00 a.m. on Monday through Saturday;

v a signed Good Neighbour Agreement prior to business license issuance;

vi the applicant satisfying condition ‘iii’ above within the specified time limit and that failure to do so will result in the staff notifying the General Manager of the Liquor Control and Licensing Branch that Council no longer supports the applicant’s request; and

vii no off-site sales or exotic dancing.

- CARRIED UNANIMOUSLY

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

D. THAT Council amend the support-in-principle approval granted to Charles Wertman on December 11, 1997, to

“THAT the proposal by Charles Wertman for 65 indoor and 20 patio Class ‘D’ neighbourhood pub seats at 950 Granville Street be supported in principle, subject to:

i submission of documentation to the satisfaction of the Chief License Inspector that the site has been secured for this purpose followed by a submission of a pre-site clearance application with the applicable fee to cover the cost of a neighbourhood notification (It should be noted that the conditions noted in the December 1997 Council resolution would be carried over to this Council report and that staff will also add any standard conditions applicable to this type of license); and

ii that this approval be limited in time to six months from the date of Council’s endorsement and should the applicant not comply with the above condition in the required time, staff shall inform the General Manager of the Liquor Control and Licensing Branch that Council no longer supports the applicant’s request.”

- CARRIED UNANIMOUSLY

6. Vancouver-Richmond Rapid Transit Project Management Plan File: 5559

The Committee had before it a Policy Report dated August 31, 2000, in which the Director of City Plans and the General Manager of Engineering Services, in consultation with the Director of Current Planning and the Project Manager for the Rapid Transit Office, recommended the City's participation in a cooperative planning study to consider whether there is a rationale for building a rapid transit line linking downtown Vancouver with Richmond and the airport in the next decade.

Ann McAfee, Director of City Plans, reviewed the Policy Report and responded to questions concerning funding for the study, future operating costs, modes of transit to be considered under the proposed study, public consultation, and whether an evaluation to determine the effectiveness of the new 98B bus line as a north/south link will be carried out before making a decision on a different mode of transit such as fixed rail.

The following motion by Councillor Louis was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT the City of Vancouver participate in a study to consider whether there is a need for, and an ability to finance the capital and operating costs of, a rapid transit line, including the 98B bus line, connecting Richmond, the Airport, and Downtown Vancouver in the next 10 years and that the City Manager be authorized to execute the Memorandum of Understanding, attached as Appendix A to the Policy Report dated August 31, 2000, to record the City’s agreement to participate in the Study.

B. THAT the “Richmond/Airport - Vancouver Rapid Transit Project Management Plan”, attached as Appendix B to the Policy Report dated August 31, 2000, be approved as the basis for the City’s participation.

C. THAT Council approve funding for Phase 2 of the Vancouver-Richmond Rapid Transit Study in the amount of $15,600.00, source of funds for the 2000 costs to be Contingency Reserve ($7,830) and the 2001 costs ($7,830) to be included in the 2001 Operating Budget, as detailed in the Policy Report dated August 31, 2000.

D. THAT, if the Vancouver-Richmond rapid transit process continues to Phase 3 -- Rapid Transit Line Definition, staff report back with a work program and resource requirements to support City participation in the study.

- CARRIED UNANIMOUSLY

The Committee adjourned at 5:18 p.m.

- - - - -

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

SEPTEMBER 14, 2000

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, September 14, 2000, at 5:18 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:	Mayor Philip Owen Councillor Fred Bass Councillor Jennifer Clarke Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy (Leave of Absence - Civic Business)
CITY MANAGER'S OFFICE:	Judy Rogers, City Manager
CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
September 14, 2000

Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:

Cl.1: 375 Water Street - Off-Premise Sales in Class 'D' Brew Pub

The Quarterdeck Brewery Co. Ltd.

Cl.2: Civic Theatres: 649 Cambie and 865 Seymour Street

Queen Elizabeth/Playhouse and Orpheum Theatres
Reclassification to Class 'E' Concert Halls

Cl.3: 1025 Davie Street: Off-Premise Sales in Class 'D' Neighbourhood Pub

Fountainhead Pub Ltd.

Cl.4: 3684 East Hastings Street - Class 'D' Neighbourhood Pub

605613 B.C. Ltd.

Cl.5: Update on the Theatre Row - Granville Street Entertainment District
Cl.6: Vancouver-Richmond Rapid Transit Project Management Plan

Clause 1

This item was withdrawn from the agenda.

Clauses 2 & 4-6

MOVED by Cllr. Don Lee,

THAT the recommendations of the Committee, as contained in Clauses 2 and 4-6 of this report, be approved.

- CARRIED UNANIMOUSLY

Clause 3

MOVED by Cllr. Don Lee,

THAT the recommendations of the Committee, as contained in Clause 3 of this report, be approved.

- CARRIED

(Councillors Bass and Clarke opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Louis,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

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

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

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Leave of Absence - Councillor Sullivan File: 1254

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

THAT Councillor Sullivan be granted Leave of Absence from October 2 to October 5, 2000.

- CARRIED UNANIMOUSLY

2. CUPE 15 - Union Contract Negotiations

The Council agreed to discuss this matter In Camera.

The Council recessed at 5:25 p.m. and reconvened In Camera

* * * * *

(c) 1998 City of Vancouver