CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

September 11/October 7, 1997

A Special Meeting of the Council of the City of Vancouver was held on Thursday, September 11, 1997, at 7:30 p.m., in the Ballroom, Plaza 500 Hotel, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law. Subsequently, the meeting reconvened at 7:30 p.m. in the Council Chamber, Third Floor, City Hall on October 7, 1997.

September 11, 1997 October 7, 1997

PRESENT: Mayor Owen Mayor Philip Owen

Councillor Don Bellamy Councillor Don Bellamy

Councillor Nancy A. Chiavario Councillor Nancy A. Chiavario

Councillor Jennifer Clarke Councillor Jennifer Clarke

Councillor Alan Herbert Councillor Alan Herbert

Councillor Daniel Lee Councillor Daniel Lee

Councillor Don Lee Councillor Gordon Price

Councillor Gordon Price

ABSENT: Councillor Lynne Kennedy Councillor Lynne Kennedy

(Leave of Absence) (Leave of Absence)

Councillor George Puil Councillor Don Lee

Councillor Sam Sullivan (Leave of Absence)

(Conflict of Interest) Councillor George Puil

Councillor Sam Sullivan

(Conflict of Interest)

CITY MANAGER’S OFFICE: Ken Dobell, City Manager

CLERK TO THE COUNCIL: Gary MacIsaac

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Clarke,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.

- CARRIED UNANIMOUSLY

VARY ORDER OF THE AGENDA

Due to the large number of delegations for Item 1, Council agreed to vary the order of the agenda to permit Item 2 to be considered first.

2. Text Amendment: Downtown-Eastside/Oppenheimer ODP

(Lawyer’s Offices)

An application by the Director of Land Use and Development was considered as follows:

Summary: The proposed amendment to the Downtown-Eastside/Oppenheimer (DEOD) Official Development Plan would permit lawyers’ offices at street level within Retail Continuity areas.

The Director of Land Use and Development recommended approval of the application.

Staff Comments

Staff offered no additional comments regarding this application.

Summary of Correspondence

There were two letters received in support of this application.

Speakers

Mayor Owen called for speakers for and against the application, and none were present.

MOVED by Cllr. Bellamy,

THAT the application be approved.

- CARRIED UNANIMOUSLY

Conflict of Interest

Councillor Sullivan was not in attendance at the Public Hearing, having earlier declared a conflict of interest with Item 1, relating to his association with charitable organizations.

1. Text Amendment: Various Zoning By-Laws (Casinos)

An application by the Director of Land Use and Development was considered as follows:

Summary: The proposed amendments to the Zoning and Development By-law, Downtown Official Development Plan, and CD-1 By-laws for 750 Pacific Boulevard and 705 West Broadway, would limit casino use. Casino - Class 1 (charity casinos with no player-operated video lottery terminals or slot machines) would be permitted as a conditional approval use in some zoning districts, subject to guidelines adopted by Council. Casino - Class 2 (non-charity casinos, and casinos with player-operated video lottery terminals or slot machines) would not be permitted.

The Director of Land Use and Development recommended approval of the application, subject to the by-laws being accompanied at time of enactment by:

(a)an amendment to the Parking By-law as set out in the agenda package to establish parking, loading and bicycle space requirements for Casino - Class 1;

(b)an amendment to the License By-law to establish a license fee of $172.00 for Casino-Class 1; and

(c)Casino - Class 1 Guidelines as set out in the agenda package to be adopted by resolution of Council.

Staff Opening Comments

Jacquie Forbes-Roberts, Director of Community Planning, advised the changes before Council are proposed in response to the recent expansion of gaming activity by the Province. This expansion includes the following:

-permitting longer hours of operation, until 2:00 a.m. for a total of 14 hours per day, 365 days per year;

-an increase to maximum betting limits up to $500;

-the development of destination casinos - major facilities including electronic and table gaming and related amenities;

-permitting the addition of up to 300 slot machines in charitable casino operations.

cont'd....

Clause No. 1 (cont'd)

This expansion has, and will continue to, put pressure on existing casinos to expand and new destination or charitable casinos are likely to be proposed. The concern is that this kind of expansion of casino facilities will result in negative land use impacts. Increased gaming activity occurring in much larger facilities would result in substantially increased patronage. This in turn will result in considerably more traffic and parking impacts, as well as neighbourhood disturbance, given the longer hours of operation. There may also be increased pressure to add liquor licenses to charitable casinos.

Ms. Forbes-Roberts advised the application before Council proposes changes that address the negative land use impacts of the proposed gaming expansion. However, Council has been clear about recognizing the value of existing charity casinos and therefore staff recommend changes to the City’s by-laws and guidelines which will permit the existing charitable casinos to continue to operate and relocate, if need be, to appropriate areas in the City and at a feasible size for current gaming activities.

The application before Council will achieve the following:

-limit the number of casinos to the current five;

-limit expansion of individual casinos to approximately the same size as the current largest casino in the City;

-not permit the development of destination casinos and not permit charitable casinos to have gaming activities that include player-operated video lottery terminals or slot machines.

To accomplish this, two classes of casinos would be created: Casino - Class 1 would be limited to charity casinos and could not have player-operated slot machines and VLTs. This Class would be permitted as a conditional use in all areas where charitable casinos now exist but would not be located in or adjacent to residential districts or local serving commercial areas or industrial areas not identified as ‘let go’. Casino - Class 2 would not be limited to charity casinos and could have player-operated slot machines and VLTs. Consistent with Council policy, Class 2 Casinos would not be permitted anywhere in the City and, in addition, a regulation to prohibit Casino - Class 2 is included in the proposed by-law amendments.

Casino - Class 1 would be permitted as a conditional approval use in all areas where they now exist. These casinos would be permitted in most areas of the Downtown (except Downtown South residential areas and the 1100 to 1300 Blocks of Granville Street which are local serving retail), the C-3A Central Broadway District, Chinatown, the three site-specific CD-1 Districts, as well as the Brewery Creek IC-3 District and along portions of Terminal Avenue, Marine Drive and Grandview Highway frontages in the FC-1 and I-2 Districts.

cont'd....

Clause No. 1 (cont'd)

The proposed changes do not affect charity licenses which are granted by the Province based on need and merit. These licenses are allocated on a regional basis and not on a municipal basis.

Ms. Forbes-Roberts also reviewed a proposed time limitation on development permits for any new casino locations as well as a proposed new application procedure.

Correspondence

The following correspondence was received:

-three letters in favour of the application;

-one letter expressing concern with the rapid expansion plans being put forth;

-12 letters expressing support for charity casinos and opposing by-law amendments which would reduce the revenue-generating capacity of charitable casinos, (one letter provided a partial list of 805 Vancouver charities which receive a portion of revenue from gaming);

-one petition containing 33 signatures opposing the application;

-one letter in support of granting new licenses to neighbourhood-size casinos, subject to limitations on ownership and size and subject to supporting infrastructure.

Speakers

Mayor Owen called for speakers for and against the application, and a total of 49 speakers addressed the Council over the course of the two meetings.

The following speakers were in favour of the proposed text amendments:

- Len Henriksson , United Church (brief on file)

- Beatrice Parton (brief on file)

- Reverend Sydney Morris

- Archdeacon Bud Raymond (Diocese of New Westminster)

- Ruth Christine

- Emil Egli (Citizens Against Gambling Coalition)

- Robert Clark, B.C. Conservative Party (brief on file)

- Teresa Stewart

- Isobel Minty (brief on file)

- Bill Chu

cont'd....

Clause No. 1 (cont'd)

- Richard Lipsey (brief on file)

-Jay Scott, Heritage Housing Co-op (brief on file containing 32 signatures)

-Val Anderson, MLA, Vancouver-Langara

-Raymond Schultz, Lutheran Church

-Robert Smith, Anti-Casino Coalition

-Klara Van Der Molen, (brief on file)

-Peter Mercer, Anglican Church

-Kathy White

-Hugh Dempster

-Antoinette Lebrun

-Connie Fogal, Citizens Against Gambling Coalition.

The foregoing favoured the application based on one or more of the following statements:

-Council must send a strong message to the Provincial Government that it does not support further expansion of gaming;

-The issue has been framed in a manner that encourages charity casinos to persuade the public to accept more gaming. Supporters of the application before Council are also supporters of charities, but are opposed to gambling expansion;

-The current gaming model exploits charities and is divisive to the community. Gambling should not be used as a fundamental part of the economy;

-The Provincial Government and the casino management companies are motivated by greed;

-There needs to be further dialogue and study before gaming expansion occurs to determine the cost/benefit ratio of expanded gaming. Also, comprehensive gaming legislation is required prior to expansion occurring;

-Statistics have shown that between 1-2% of gamblers in British Columbia are problem gamblers. Based on 1.5% of the population, the Lower Mainland may have 18,000 pathological gamblers at a cost of over $700 million per year;

-Council should conduct a referendum to determine the public’s view on expansion of gaming;

cont'd....

Clause No. 1 (cont'd)

-Gaming on Native lands should not be supported;

-If gambling expansion occurs, municipal and provincial governments must pick up the costs in terms of increased crime prevention measures, increased criminal justice expenses, and increased social work costs directed to problem and pathological gamblers and their families;

-The public is being deluded by the rosy picture painted by gambling proponents. Other areas that have permitted gambling expansion have found the gains of gambling were overstated and the potential costs have been underestimated;

-Once increased gambling is permitted, pressures from other forms of gambling will lead to a relaxation of restrictions originally designed to satisfy public concerns;

-Neighbours of the Great Canadian Casino on West Broadway experience daily numerous problems with casino patrons using "Resident Only" parking zones. In addition, noise problems occur when gamblers leave the casino in the early hours of the morning;

-The charities which are supporting gambling expansion will be discarded by the Province and the gambling industry once the gambling expansion has been completed;

-It is the families and children of pathological gamblers who suffer;

-Council must continue to show leadership in working to prevent gambling expansion in Vancouver.

The following speakers opposed the application before Council:

- Cheryl Anderson, Canadian Red Cross

- Lisa Stansfield (brief on file)

- Dr. Harold Wynne

- Lois White

- Lou Hilford, B.C. Association for Charitable Gaming

- Steve Hocevar

- Bill Work, Great Canadian Casino (brief on file)

- Jack Hutton

- Brian Wade

cont'd....

Clause No. 1 (cont'd)

- Johan Vl Pillai

- David Craig, Northwest Wildlife Preservation

- Casino employee

- Angela Vincent

-Kathleen Doddjay, Casino Staff

-Randy Knill

-Gary Jackson, Royal Diamond Casino (brief on file)

-Len Libin, Grand Casino

-Ray Sam

-Don Whiteman

-Stan Hussey, Harbourview Electric

-Howard Blank

-Ray Marinakis

-Donald Copan

-Dr. Geraldine Schwartz, International Foundation of Learning (brief on file)

-John Dobbin

-Jacee Schaeffer, Casino Management Council

-Adrian Thomas

-Grant Okane.

The foregoing opposed the application based on one or more of the following statements:

-The gaming industry is a well-established and legitimate industry. Gaming benefits the community and Council should not instill its moral values on others;

-Charities will suffer if these changes are made. The charity casino model benefits many charities and prevention of any expansion in Vancouver will limit the ability of charities to secure additional revenues;

-The Casino industry is a good employer which provides its employees with flexible working hours, safe working conditions, decent pay and an opportunity to work in the community in which they live. The proposed amendments would halt any chance for gambling expansion, thereby removing employment and promotional opportunities from employees;

-It is impractical and unfair to local charities for Council to attempt to create an enclave in Vancouver where no gambling is permitted;

cont'd....

Clause No. 1 (cont'd)

-Casinos operate in a harmonious environment where culture, race, religion and language do not matter;

-There is a need to keep gambling dollars in Canada, and not let them be spent across the U.S. border;

-The problem in Vancouver is not with charity casinos, but rather with illegal gambling. The City should direct its efforts at eliminating illegal forms of gambling rather than imposing rules which will prohibit a legal industry. The proposed changes will encourage more illegal gambling;

-The absolute prohibition of slot machines does not have a rationale basis. It implies that slots are worse than other games of chance, when in fact a person can lose larger sums of money at other legal games of chance;

-The Court has already ruled against the City’s by-law which was intended to prohibit video lottery terminals. Despite this, the Province has compromised and is allowing slot machines only in licensed casinos;

-The City should meet with the Province to resolve their differences and come up with a program that will satisfy everyone. Charities are caught in the middle of this dispute;

-The reduction in floor space will put Vancouver casinos at an economic disadvantage compared to other Lower Mainland casinos;

-The effect of the proposed location restrictions will be to give a windfall to the landlords of present casinos;

-The addiction figures presented by delegations at this public hearing are inflated;

-Research indicates that the vast majority of gamblers do so responsibly. It has also been shown unlikely that continuous forms of games actually create addicts unless they are already predisposed. The abolition of VLTs and slot machines in specialized gambling venues, such as casinos, is harsh and will ultimately not resolve the issue of pathological gambling;

-Forms of gambling such as VLTs and slot machines should be relegated to venues specifically designed for this purpose, such as casinos rather than bars.

cont'd....

Clause No. 1 (cont'd)

-The location restrictions fail to take into account the positive impacts that casinos have on neighbouring businesses and will lead to more problems if casinos are forced to locate in undesirable areas;

-Location restrictions in the I-2 and FC-1 districts should be amended (specific recommendation on file in City Clerk’s Office);

-Small businesses which service casinos will suffer if the City places restrictions on gambling expansion;

-The restrictions on casino size should be amended to state that the gross gambling floor area should not exceed 1,500 square meters;

-The proposed parking requirements are excessive and more rigid for casinos than for other industries;

-An earlier speaker made reference to noise problems associated with the Great Canadian Casino. The casino in question has been at this location longer than many of the neighbours. The casino responded quickly to the noise complaint to the satisfaction of the City, and in doing so discovered that much of the noise was coming from patrons of a nearby Karaoke bar.

Staff Closing Comments

Ms. Jacquie Forbes-Roberts provided clarification on the following issues:

-Charity license issuance is unaffected by this Zoning and Development By-law;

-Class 1 charity casinos would be permitted in the Downtown except for all residential sub areas in Downtown South and the 1100-1300 Block Granville Street;

-Bingo and electronic bingo is not affected by these amendments.

Ms. Pat Johnston, Planner, also clarified that the parking requirement is the same standard applied to theatres, halls, auditoriums, clubs and cabarets, and is the same standard that was used when the five charity casinos were approved.

cont'd....

Clause No. 1 (cont'd)

Council Discussion

In discussing the application, members of Council noted many delegations had raised issues unrelated to zoning matters, and reiterated that Council was basing its decisions on matters of zoning and development and the corresponding impacts on the neighbourhood.

MOVED by Cllr. Clarke,

THAT the application be approved, subject to the conditions set out in this minute of the Public Hearing.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report

- CARRIED UNANIMOUSLY

ADOPT REPORT OF THE COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Clarke,

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 adjourned on October 7, 1997 at 10:55 p.m.

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(c) 1997 City of Vancouver