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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES JANUARY 20 AND 21, 2004 |
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, January 20, 2004, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the CD-1 By-law for 750 Pacific Boulevard (Plaza of Nations) and the Zoning and Development By-law. Subsequently, the meeting was recessed, and reconvened in the Council Chamber at 7:30 p.m. on Wednesday, January 21, 2004. The Minutes have been consolidated for ease of reference.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor Sam Sullivan (Conflict of Interest)
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CITY MANAGER'S OFFICE: |
Brent MacGregor, Deputy City Manager (January 20th) |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
NOTE FROM CLERK: Prior to commencement of proceedings on January 21, 2004, the Mayor read out a statement from Councillor Sullivan declaring a Conflict of Interest in this matter as the Councillor has a pecuniary interest in this rezoning application due to serving (at various times) as a board member of, a consultant to, and a staff person in a number of non-profit organizations that are tenants of the Plaza of Nations.
COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
SECONDED by Councillor Cadman
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair, to consider proposed amendments to the CD-1 By-law for 750 Pacific Boulevard (Plaza of Nations) and the Zoning and Development By-law.
CARRIED UNANIMOUSLY
1. Text Amendment: 750 Pacific Boulevard (Plaza of Nations - Casino)
An application by Patrick Cotter Architect Inc. was considered as follows:
Summary: |
To amend the existing CD-1 to permit Casino - Class 2 including slot machines. In addition, consequential amendments to Section 2 and 16 of the Zoning and Development By-law are required. At the time of enactment, amendments to the License By-law will also be required. |
The Director of Current Planning recommended approval, subject to conditions as set out in the agenda of the Public Hearing.
Staff Opening Comments
Larry Beasley, Director of Current Planning, advised the two main issues before Council this evening are whether to allow slot machines in the city, and whether or not this new kind of casino is appropriate for the Plaza of Nations site. Mr. Beasley provided a description of the application, noting it represents a consortium of two casinos which will amalgamate at the Plaza of Nations site. Mr. Beasley noted that since referral to Public Hearing the applicants have agreed to fit all of the parking to the west of the Carrall Street extension, and are also agreeable to the other conditions recommended by staff.
Mr. Beasley provided information regarding the Public Open House and Public Opinion Poll, as outlined in his Memorandum dated January 19, 2004, which was also before Council this evening. As explained in the last paragraph of that memorandum, Mr. Beasley noted the following small corrections were required to the draft by-law in the Public Hearing package:
Under the definitions of both Casino - Class 1 and Casino - Class 2, the words "a license has been issued under the authority of" should be replaced with "authority has been given under".
Mr. Beasley and Mario Lee, Social Planner, responded to questions concerning the four year time limit for this proposed casino, the public opinion poll, parking and traffic capacity, revenues which may be diverted from other sources to gaming, and issues surrounding pedestrian and cyclist access through the site.
Applicant Comments
Patrick Cotter, Patrick Cotter Architects Inc., representing the applicant, noted this application presents a unique opportunity to merge two facilities into one. The proposed facility will complement the range of entertainment options in Vancouver and represents an interim step in planning for a modern downtown facility that will maintain revenue and jobs within the city. Mr. Cotter introduced several members of the applicant team, who also wished to provide comments to Council.
Gary Jackson, President, Royal Diamond Casino, representing the applicant, advised this is an economically viable application which takes into account the particular needs and circumstances of the City, residents, labour and charities and will provide a long-term asset. He noted the applicants wish to ensure the inclusion of the arts community, and also noted they have signed agreements with Planet Bingo to help keep them competitive, and with the Canadian Auto Workers in regard to the ongoing dispute at the existing Royal Diamond Casino.
Wendy Thomson, Executive Director and General Manager, Planet Bingo, representing the applicant, provided a brief overview of the history leading up to the proposed partnership with the casino applicants which will help ensure the continuation of 88 charitable community organizations providing programs and services to people in need in this city. She noted these organizations are reliant on bingo revenue and many representatives of these charities will be speaking to Council this evening in support of this application.
Vic Poleschuk, President and CEO, BC Lottery Corporation, representing the applicant, reviewed the Lottery Corporation's vision for gaming in the Lower Mainland. He noted the benefits of this application are consistent with the Lottery Corporation's commitment to generating funds to benefit the public good through the charities which receive funding from gaming, and by providing revenue to the City of Vancouver. He further noted that other municipalities which introduced slot machines are on record as having the same or decreased levels of crime in areas around the casino. Mr. Poleschuk noted that while studies do not show incidents of problem gambling have increased, the BCLC acknowledged the need for support in this area, noting revenues are provided to services working with problem gamblers.
Summary of Correspondence
Council received the following correspondence since the date the application was referred to Public Hearing:
· 442 Letters in support
· 3 petitions in support containing a total of 76 signatures
· 28 letters in opposition
· 4 other letters.
Speakers
The Mayor called for speakers for and against the application.
The following delegations spoke in opposition to the application:
David Bornman
Bill Chu (65-page petition submitted - signatures unaudited)
Henry Numan
Sue Reid (materials filed)
Eleanor Hadley
John Shayler
Isabel Minty, Citizens Against Gambling Expansion (materials filed)
Elizabeth Gysbers
Joseph Jones
Louise Seto, South Vancouver Neighbourhood Action Group
Don Cowie
James Thompson
Robin Willies
Don Clark
Claudia Ferris, Stop the Slots at Hastings Park
Carolyn Stewart
Dave Diewert
Michael Nowak
Rhonda Trenholm
Colin Hay
Chris Yip.
Comments provided by the foregoing speakers included the following:
· $100 million in casino profits will not be new money, but a redistribution of money which would otherwise be spent elsewhere;
· in order for the City to realize $12 million in revenue, people must lose $206 million; can the City afford to lose that much in citizen spending;
· the proposed location will bring in people who would otherwise not consider gambling; easy access to slot machines is a risk factor; slots are a low-entry form of gaming;
· increased crime may not be apparent from outside the casinos, but is taking place within the casinos in the form of money laundering and loan sharking;
· making pedestrians and cyclists go through the Plaza of Nations rather than along the waterfront is despicable; waterfront access was a mandate of our forefathers and this application breaks that mandate;
· gambling has its place if it is small scale and unobtrusive, but do not think it is a good way to set economic and social policy;
· it is a sad situation that non-profit groups and charities have to run after gaming revenues because government funding is no longer there;
· gambling is a regressive tax; would be preferable to see direct taxation;
· casinos cannibalize money from small businesses;
· gambling, especially slot machine gambling, is an asocial activity and one which requires no language skills or any other type of skill;
· the quality of employment offered by casinos is somewhat dubious, and much of the income may be in the form of untaxable tips;
· gambling addictions require even more intense treatment than drugs or alcohol; the $4 million provided by the Province for these programs will not even begin to fund the treatments of gambling addicts in Vancouver, let alone all of BC;
· there has been no ongoing preventative advertising on TV or radio or education programs geared to youth or the general public on gaming addictions;
· bringing slots to Vancouver, where there is already a high at-risk population, will create more addictive gambling which will lead to the break-up of families, increased violence towards women, and more women needing emergency shelter;
· increased gaming money will increase government dependence on gaming revenues, causing even more gaming promotion;
· suicide rates among gamblers is higher than among other addictions;
· gamblers can lose a large amount of money on slots in a very short period of time - approximately $60 per hour;
· the difference in introducing slots to Vancouver, as opposed to Burnaby or Richmond, is the proximity to poor and vulnerable people;
· there are positive alternatives to slots for charities; charities can become self-sustaining by running for-profit businesses, such as thrift shops, to support the charity.
The following delegations spoke in support of the application:
John Payzant
Jim Sinclair, President, BC Federation of Labour
Vern Campbell
Kevin Hancock, Bargaining Unit, Canadian Auto Workers
Anne Davidson, Area Director, Canadian Auto Workers
Brian Taylor
Don Smith
Reg Tupper
Viki Engdahl, Executive Director, Turning Point Recovery Society
Colleen Talbot
Jason Campbell
Joy Miller
David Carr
Raymond Greenwood
Cameron Cathcart, President, West End Seniors Network
Nancy Chiavario, Executive Director, West End Seniors Network (brief filed)
Marilyn Graham
Susan King
Keith Jacobsen, President, Killarney Community Centre Association
Bill Allan
Brian McCormack
Ian Waddell
Farzad Amedi
Carl Smith
Representative, Alano Club
Kim Hogan, President, Cordial Bingo Association
Bob Grant, President, Kiwanis Club
David Young, Kiwanis Club
Trish Proulx
Craig Taylor
Kathryn Shoemaker, Vancouver Oral Centre for Deaf Children
Norman Osatiuk
Ronnie Bouvier, Downtown Eastside Women's Centre
Karen Atchison
Jane Blaine, BC Blind Sports
Leonard Schein
Ted Violini
Angelita Ballon
Rick Archambault, Strathcona Community Centre Association
Norma Stevens, Huntington Society
Don Mann
Reisa Ross
Margaret Coates, Executive Director, 411 Seniors Centre
Kelly Quinn, Vancouver District Labour Council
Len Libin
Lorraine Adamic
Comments provided by the foregoing speakers included the following:
· this proposal paves the way for a new collective agreement at Royal Diamond Casino enabling many employees to return to work; opportunity to provide upwards of 400 jobs earning a higher wage than most service industry workers;
· the fact that even workers who have been locked out for 2.5 years are eager to return to work is indicative of the good working environment; casino work provides flexibility which is attractive to young people, students, women with family responsibilities and also provides employment to many people with language difficulties;
· in regard to addiction problems, prohibition is not a solution; should be viewed in the same way as problem drinking, where services are provided to alcoholics, but access to liquor stores is not disallowed;
· programs exist for problem gamblers, including a self-exclusion program;
· this proposal fits with the legacy of this Council to side with the people, create jobs, and create revenue streams to fund social programs;
· people have the right to make their own personal choice as to how to spend their entertainment dollars, and how to spend their leisure time;
· casinos are one of the safest entertainment facilities, and the opening of a casino may even result in reduced crime in the adjacent area;
· organized crime is more likely these days to launder money through real estate, foreign investments or internet gaming, than through a casino;
· casino revenues provide necessary funding to small arts communities; would be concerned at any action which would threaten this tenuous funding;
· many charity services and programs funded in part by Planet Bingo will be lost if this proposal is not approved;
· the biggest benefactors of turning down this application will be the neighbouring municipalities which have slots; would like to see taxes in Vancouver reduced;
· this project will rejuvenate Enterprise Hall, which will be anchored by the 500-seat theatre; the tourism opportunities will be huge;
· the theatre will be offered for use during film festivals, jazz festivals, comedy festival, and will also feature a series of local and Canadian talent;
· support expressed for increased gaming revenues being used to treat and support gambling addictions; advertisement of support services is also required;
· would like to see assurance in any approvals made tonight that the new permanent bingo hall will be built as part of the casino project after the four year trial period; also suggest Council establish a separate category in the City's budget for gaming revenues and expenditures of those monies;
· applicant is committed to provide job opportunities to downtown eastside residents;
· the two casino proponents have a proven track record in working cooperatively with police and the enforcement branch of gaming control;
· Provincial government has stated it is going to generate a certain amount of increased casino revenue, with or without Vancouver's involvement;
· charitable organizations have made their own decision in entering into this agreement and supporting this application; was not done through coercion or a feeling of desperation;
· the difference between slots and VLTs were clarified;
· suggest that as a condition of approval the on-site cinema be turned into a state-of-the-art community cinema available rent-free for film festivals, gala benefits for non-profit organizations and as a venue to showcase local and Canadian films.
Donna Klingspohn, Manager, Problem Gambling Program, Ministry of Public Safety and Solicitor General (materials filed), provided information regarding the Problem Gambling Program which has been in place under a Provincial mandate for six years and provides community based services, including a 24 hour phone line.
During the hearing of the public, Mr. Beasley, Mr. Lee, and Rob Jenkins, Assistant Director, Current Planning Initiatives Branch, responded to questions concerning the agreement between the proponents and Planet Bingo, regulations regarding alcohol consumption in gaming facilities, the feasibility of requiring as a condition of approval an agreement for employing downtown residents, Provincial government gaming revenue transfers to charities, and the possibility for a condition in regard to community access to the theatre.
Applicant Closing Comments
Patrick Cotter noted the many delegations who have expressed support for this application and the many charities that this project will enable to continue. He reiterated the applicants' commitment to working with arts and cultural groups, and with the City in creating jobs for Downtown Eastside residents. He noted the proponents have set in motion a collaborative development process, and look forward to working with staff to bring this collaboration to fruition.
Staff Closing Comments
Larry Beasley summarized many of the thoughts expressed by speakers over the last two evenings both for and against the application. In terms of security of the existing Planet Bingo operation, he noted that all of the interested parties feel the Memorandum of Understanding is adequate in that regard and, therefore, he does not feel it is prudent for the City to become involved in that at the current time. In regard to issues raised by Council concerning employment options and community access to the theatre, staff have prepared additional conditions for Council's consideration in making a decision on this matter.
Council Decision
MOVED by Councillor Green
A. THAT the application by Patrick Cotter Architect Inc. to amend CD-1 By-law No. 7592 for 750 Pacific Boulevard (Plaza of Nations) to permit Casino-Class 2, this being a casino that includes slot machines, generally as set out in Appendix A of the Policy report dated November 17, 2003 entitled "CD-1 Text Amendment -750 Pacific Boulevard (Plaza of Nations)", be approved, subject to the following conditions:
(a) That, prior to the enactment of the CD-1 amending by-law, the proponents shall make arrangements to the satisfaction of the Director of Planning and the Director of Legal Services to ensure that the Casino - Class 2 at the Plaza of Nations complex will only operate at this location for up to four years after the issuance of the initial occupancy permit for this use.
(b) That, prior to approval by Council of an amended form of development for the Plaza of Nations complex to accommodate a temporary Casino - Class 2, the applicant shall obtain approval of a development application by the Development Permit Board which shall have particular regard to the following:
(i) Casino - Class 2 use to be limited to a period of no greater than four years from initial occupancy.
(ii) Approval of an accompanying development application by the Development Permit Board for off-site parking facilities for the required ancillary parking to service the Casino development with due regard to the location which may not extend past a line extending the east side of Carrall Street from Pacific Boulevard to the shoreline. As well, due regard for size, number of vehicles to be accommodated including bus parking and landscape treatment, entries/exits and pedestrian accommodation along the waterfront, if a waterfront site is chosen, and within and through the site as deemed appropriate. Casino parking, including circulation and access aisles, located to the east of a line projected south along the easterly alignment of Carrall Street is not supported.
(iii) Arrangements to the satisfaction of the Director of Planning in Consultation with the General Manager of Engineering Services for:
(1) The provision of improvements to Pacific Boulevard adjacent or in proximity to the site, and new or modified signalization, as required;
(2) The location and design of access to/from, and circulation routes within, the site;
(3) The design of all parking areas, and passenger and goods loading facilities;
(4) Improvements to support pedestrians, bicyclists, and transit riders, in particular, but not limited to, modifications to the False Creek Seawall in or surrounding the site, and adjacent to any parking areas developed in association with this application, and interim development of the Carrall Street Greenway from Pacific Boulevard to the Seawall;
(5) Operation of the Plaza of Nations site once the proposed casino is operational with respect to the entire calendar of special events anticipated;
(6) An access and event operations plan to address vehicular access and parking when there are events at major venues within the area that would affect the availability of parking for the casino;
(7) Appropriate traffic and noise mitigation measures if determined to be needed and funding by the applicant for these measures to be agreed to;
(8) Architectural treatment, finishes, signage and lighting to be of high standard without being unduly over illuminated;
(9) Retention of the transparency of the building from inside and outside by keeping slot machines and furniture away from the windows and keeping the windows uncovered;
(10) Design development to locate a standard dimensioned seawalk and bicycle route through the Plaza of Nations complex by either reducing the size or relocating the guest drop-off in a northerly direction or constructing a new seawalk and bicycle route around the southerly point of the proposed casino, and ensure the route is fully accommodated to the satisfaction of the Director of Planning and the General Manager of Engineering Services;
(11) Design development to locate the guest drop-off outside the central plaza area to maintain the character, function and integrity of that space;
(12) Design development of a landscape plan for the whole site area of the casino proposal that includes, among other things, the site edges along Pacific Boulevard South, and along the seawalk and bicycle route, and including these elements for the parking lot to the east of the site, if pursued by the proponents;
(13) Should the proponents pursue a parking lot to the east of the site, design development of a walkway forming an extension from Carrall Street to the shoreline which may travel along the east side of a line extended from the east side of Carrall Street from Pacific Boulevard South to the shoreline; and
(14) Public benefits to the satisfaction of City Council.
(iv) Arrangements to the satisfaction of the Director of Social Planning and Director of Legal Services to prepare a casino operations job creation program targeted to qualified unemployed and underemployed downtown residents.
(v) Arrangements be made to the satisfaction of the Director of Cultural Affairs and the Director of Legal Services to provide community access to the theatre in Building "C" in the Plaza of Nations, capital expenditures and operating expenses as feasible.
B. THAT consequential amendments initiated by the Director of Planning to amend the definition of Casino - Class 2 in Section 2 and amend Section 10.31.2 to permit Casino - Class 2 only where expressly permitted be approved; and
FURTHER THAT the amendment to the draft by-law as set out in the memorandum dated January 19, 2004, from the Director of Current Planning to correct references in the definitions of Casino to reflect the language used in the Gaming Control Act, be approved as follows:
Under the definitions of both Casino - Class 1 and Casino - Class 2, the words "a license has been issued under the authority of" should be replaced with "authority has been given under".
C. THAT, if the rezoning is approved, at the time of enactment the by-law be accompanied by amendments to the License By-law to delete the Casino definition and define Casino - Class 1 and Casino - Class 2 in Schedule A with a corresponding per annum fee of $195 for Casino - Class 1 and $8,792 for Casino - Class 2.
CARRIED
(Councillors Bass, Ladner, Louis and Roberts opposed)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
SECONDED by Councillor Stevenson
THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.
CARRIED UNANIMOUSLY
The Special Council recessed on January 20, 2004 at 11:59 p.m.
and adjourned on January 22, 2004 at 12:30 a.m.
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