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SIXTFI IVIEETING
IVlo~day, May 4, 20~9
5e45 po~e
C~ty Ha@9, Comrnettee Room #2A ~ B
'9 ) Approval of the April 20, 2009 Community Services Minutes.
2) ~EP09~~S: S~AFF C01~1'ACT:
a) PD-2009-37
Mattecs Ao~ising from the Munacipal FYeratage CommBttee
5781 Highlaa~d Avenue, Williara~ Leernir~g Fiouse Alex Herlovitch
b) CD-2009-06
5890 Main Street Dean lorfida
3) ~vEW Bus~~~ss:
4D A~~ov~n~~~n~~:
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a) Resolution to go into Closed Meeting.
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1~~~~ara~€xlls
MINUTES OF COMMIDNITY SERVICES COMMITTEE
Fifth Meeting, Monday, April 20, 2009 City Fiall, Committee Room 2, 4:05 p.m.
PRESENT: Mayor Ted Salci, Councillor Carolynn loannoni, Chair; Councillors: Jim
Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson and
Victor Pietrangelo.
ABSENT: Councillor Wing
STAFF: Ed Dujlovic, Ken Burden, Dean lorfida, Ken Beaman, Alex Herlovitch,
Todd Harrison, Geoff Holman, Karl Dren, Lee Smith, Serge Felicetti,
Trent Dark, Steve Norris, Marzenna Carrick and Lisa Wall.
PRESS: Corey Larocque, Niagara Falls Review
Alison Bell, Niagara This Week
1. MINUTES:
MOVED by Councillor Fisher, seconded by Mayor Salci that the minutes of the April
6, 2009 meeting be adopted as recorded.
Motion: Carried lJnanarno~us9y
Action: Recommendation submitted to Council April 20, 2009.
2. IN-CAMERA
MOVED by Mayor Salci, seconded by Councillor Thomson that the Committee
meeting adjourn to an In-Camera session at 4:12 p.m.
3. REPORTS:
a) People Mover Project Update Report
MOVED by Councillor Thomson, seconded by Mayor Salci;
1) That the City indicate to the Federal Government that the municipality is working
diligently and is committed to the People Mover System, and
2) That the Federal Government be requested to work with the municipality and
extend the June deadline on the People Mover Funding.
Motion: Carried
Opposed: Councillor loannoni
Action: Recommendation submitted to Council April 20, 2009.
b) TS-2009-02
Tourist Area Parking Demand Study
MOVED by Councillor Thomson, seconded by Mayor Salci;
1) That the Tourist Area Park Demand Study be received, and
2) That staff proceed with meetings with the appropriate stakeholders and report
back to Council
Motuon: Carried Uo~anirnously
Action: Recorr~raie~dation s~abrnittecl to Council April 20, 2009.
c) PD-2009-25
Matters Arising from Municipal Heritage Committee Regarding the Oswald House
Fence, 2922 St. Paul Avenue
PD-2009-32
Municipal Staff Review Regarding the Oswald House Fence, 2922 St. Paul Avenue
MOVED by Councillor Thomson, seconded by Councillor Pietrangelo;
1) That staff work with the property owners to develop a compromise, with the City
paying for the stone work and the property owners paying for the iron work, and
2) That staff report back to Council.
Motior~: Carried Unanira~ously
Actiou~: Recor~rraendatson subrnatted to Councal April 20, 2009.
d) PD-2009-27
Matters Arising from Municipal Heritage Committee Status of Jolley Cut
MOVED by Mayor Salci, seconded by Councillor Diodati;
1) That Council consider the designation of the Jolley Cut as a Cultural Heritage
Landscape following the design and reconstruction of the pathway, and
2) That Council forward the following Municipal Heritage Committee comments to
the architect responsible for preparing a landscape plan for the Jolley Cut:
- that the walkway follow its existing path and remain true to the natural contour
of the moraine;
- the walkway width should be maintained at its current width;
- that native species should be used;
- a tree protection plan should be completed; and
- that the Municipal Heritage Committee be consulted in the design stage.
Motion: Carraec9
Opposed: Councillor Fisher
Action: Recomrnendateon subo~v~itted to Co~ancil April 20, 2009.
_3_
4. ADJ04JRNMENT:
MOVED by Councillor Maves, seconded by Councillor Fisher that the Committee
adjourn to an In-Camera session at 6:35 p.m.
IVlotaor~: Caa-rued llnac~i~ously
May 4, 2009 PD-2009-37
l~Tia~ ar~~°all s
c~~.~~,~,~
Councillor Carolynn loannoni
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: P~-2009-37
Matters Arisunr~ ~o~o~ro the Mu¢~acapa~ F@erit~ge Cor~rraBt~ee
5781 HAgFolarod Ave~ue, VViBBsa¢~o~t Leermeng FBouse
621ECOIVIMEfVDi4T001V:
That Council considerthe recommendation from the Municipal Heritage Committee to deny
the request from the owners of the Leeming House to remove the designation from the
property for the reasons outlined in this report. cu,~.
Z. Th~~- ~sf~~=~ ;~•n~ee+ ;,,wst1~~ -ihe i~+,uhei' -f-o ~~r~v~sf~'~~~~e_ ~e(oc~-finr~ --fb~e hom~.,
BAC~(GROl3ND:
In a letter of February 13, 2009, Mr. John Forbes, owner of the Reverend William Leeming
House, requested the Municipal Heritage Committee tour the property at 5781 Highland
Avenue. The Committee toured the property on March 2, 2009. It found the dwelling to be
in a dilapidated state due to its being unoccupied and having been vandalized and that the
interiorfeatures that had previously been described by noted architect and previous owner,
Mr. Peter Stokes as forming an `architectural time capsule' had been stripped away or
destroyed. The photographs attached to the report illustrate the extent of deterioration of
the building.
At its meeting of March 25, 2009, the Municipal Heritage Committee reviewed the request
from Mr. John Forbes to remove the designation from the title to the property to allow him
to dismantle and remove the structure from the property. Mr. Forbes stated it was his
intention to reassemble the house in another location.
dVBo.anicapal B-leritage Committee Motio~
The following motion was adopted by the Committee:
"That the Municipal Heritage Committee continue to stand behind the Ministry of
Culture's Eight Guiding Principles in fhe Conservation of Built Heritage Propertres
which deem that respect for the original location is an integral part of a building or
structure and therefore deny fhe reguest for de-designation and demolition."
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May 4, 2009 - 2- PD-2009-37
PoAnts of Cocns~ittee Discusssoro
When the Municipal Heritage Committee recommended the Reverend William Leeming
House for designation in 2001, they recognized the following aspects as significant:
Historically:
- Built just after the War of 1812, it was the property of Margaret Hickman
Shaw, at the time of her marriage to Reverend William Leeming in 1823.
- Leeming was the second Church of England missionary to the Niagara
Peninsula; the Leeming house was a cultural, social and religious setting
during the early settlement of Niagara Falls.
- Thomas Brock Fuller, the Leeming's nephew, who would go on to become
the first Bishop of the Anglican Diocese of Niagara, was raised in this
house;.
Architecturally:
- Rare craftsmanship - brick filled, post and beam, bent timber frame.
- Form of house - one and a half storey saltbox.
- Chimneys are internal to the floor plan - an early 19'h Century construction
technique.
- Original clapboard exterior with traditional detailing.
- Interior is conventional centre hall plan.
These elements have not changed, nor has the setting of the house on the lot. When the
house was designated the setting and footprint were acknowledged as being part of its
significance. These elements have also not changed.
IVIr. Forbes was sent a letter confirming the Committee's decision and outlining his ability
to appeal their decision to Council and beyond that to the Ontario Municipal Board should
Council adopt the IVlunicipal Heritage Committee's recommendation.
COfVCLI?SGON:
The Municipal Heritage Committee advises that the original reasons for designation have
not changed, although the interior has been stripped away, the significant exterior elements
remain unchanged. Therefore, the Committee seeks Council's concurrence in this matter.
Should Council consider allowing the demolition of the dwelling, the Ontario Heritage Act
permits for conditions to be attached to the demolition permit. Council may wish to refer
the determination of conditions back to the IVlunicipal Heritage Committee for their
consideration.
Recommended by: ~
Alex Herlovitch, rector of Planning & Development
~
Approved by:
Ed Dujlovic, ecutive Director of Community Services
PB:mb
S:\PDR\2009\PD-2009-37, Matters Arising fromMHC,5781 Highland-Leeming Hse.wpd
May 4, 2009 - 3- PD-2009-37
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May 4, 2009 CD-2009-06
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Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: CD-2009-06
5890 IV~aur~ St~eet
R~COGVE9VIENDAT90B~:
That Council not oppose the issuance of the liquor licence for 5890 nllain Street b~.-~'
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~er~d. c~ I~k~-~r -1-~ -k`c~~ 14C-~CC ~:~1'~~t,-,y Cow~._c.;\s c~.~cer~ls.
~ACKGROUND:
Last year Council passed a resolution opposing a liquor licence at the address noted
above, which at the time was being named Prey Niagara Night Club (cf. CD-2008-09).
As Council will recall, Prey was being marketed to the "lowest common denominator".
Internet marketing and web sites describing "anything goes" and "the new red light district
of Niagara" naturally raised Council's concerns. Subsequently, a change in operator,
name, focus of the establishment and a deputation by the new operator did not convince
Council to withdraw their opposition to the issuance of the liquor licence.
For reasons the City is not privy to, the matter never went to a hearing before the Alcohol
and Gaming Commission of Ontario (AGCO). Recently, staff became aware that the
owner of the establishment changed the locks and new operators have come forward with
another new name and concept.
The new name is the Bank Lounge Niagara and the concept will play upon the building's
historical use as a bank. The operators describe it as a"unique entertainment emporium".
The establishment would operate as a restaurant, seven days a week in the summer and
would have entertainment in the evening (live music, karoke etc.). The capacity would be
for what is currently permitted (430 patrons) as per Building and Fire. The establishment
hopes to cater to a sophisticated clientele.
The operators of the Bank Lounge are Goran Zubic and his wife Zeljka Stankovic Zubic.
They have experience in operating licensed establishments and are the current operators
of Jove's Cafe Bar on Main Street. Staff has no belief that the Zubic's are in any way
associated with past operators for Prey or its subsequent, proposed incarnation. The
AGCO will deal with the appropriateness of the licensees, as part of their process.
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May 04, 2009 - 2- CD-2009-06
Options to Council
Niagara Falls City Council has opposed the issuance of liquor licences under the public
interest section of the Liquor License Act in only a handful of occasions. The opposition
has been based on either past problems at the location (Cell Block, Barely Legal) or the
nature of the proposal (Prey).
It is difficult for staff to recommend opposing the issuar~ce of the liquor licence when the
property is zoned for uses that can lawfully apply for a liquor licence, the two former
establishments at this location (Luna and Roulette) operated without incident and there
is no evidence that the operators will not operate a lawful establishment. It is speculative
that the mere presence of a liquor licence and the current occupancy numbers will
inevitably lead to problems. Any Municipal Council resolution should have some
supportable basis to the argument(s) being put forward in justification of the opposition.
Staffwould like to see certain measures that might mitigate possible negative impacts such
as a security plan, possible time restrictions on outdoor patio service, a parking plan and
noise attenuation features. Unfortunately, the municipality c~nnot request such conditions
unless it formally opposes the issuance of the liquor licence. This seems to be an extreme
measure to take and could act as a disincentive to business. Staff, of course, could meet
with the applicants and get promises of certain mitigation measures, however, we would
argue that such measures are only truly effective if listed as conditions on the liquor
licence.
Other Possible Objections
The public notification of the application for a liquor licence allows input of inembers of the
public, businesses and other agencies. In the Prey application, the Main & Ferry B.I.A.
opposed the issuance of the liquor licence. The Niagara Regional Police also expressed
concerns about public safety, as a result of possible negative traffic impact at the
intersection of Main Street and Ferry Street, and the potential strain upon the resources
of the service, if the establishment became popular, necessitating the diversion of
resources from the current Casino patrol areas in the tourist districts.
Once again, others could possibly oppose the issuance of the liquor licence to the Bank
Lounge. Staff has encouraged the operators to meet with the Main & Ferry B.I.A. to outline
their intentions.
ConcOusiom:
Ideally, staff would like to recommend that the issuance of the liquor licence not be formally
opposed but the AGCO be requested to impose certain conditions to mitigate possible
negative impacts that could arise. Unfortunately, such a"middle ground" position is not
possible under the current liquor licence issuance system. Council would have to formally
oppose the issuance of the licence for such conditions. Staff feels the arguments in
opposition to the issuance are tenuous but have drafted a possible resolution should
Council wish to oppose the issuance of the licence.
Of course, Council not opposing the licence, does not pr~clude others from doing so. The
deadline for submissions to the AGCO is May 6tn
May 04, 2009 - 3- CD-2009-06
Recommended b : ~
y
De n lorfida, Ci le k
Approved by:
K. E. Burden, Executive Director of Corporate Services
June 23, 2008 CD-2008-09
Nla~aY'~.~[~I.~S
CANADA
His Worship Mayor Ted Salci
and fVlembers of the Municipal Council
City of Niagara Falls, Ontario
The recommendation(s) ~
Melllb@t'S: contained in this report were ~
adopted by City Council I
Re: CD-2008-09
Po~~y Nuagara ~Bught Cl~ab '
5890 M~ao~ Street
~tECOIVINItE9VDA'PION:
That Council pass the resolution opposing the issuance of a liquor licence at 5890 Main
Street; and
That Council direct staff to participate at any fufiure fiquor licence hearings or conference
calls pertaining to the above noted application.
~AC&CGROUND.
,
A liquor licence application has been applied for at 5890 Main Street, a former bank that
has had two recent incarnations as a licensed establishment (Luna and Roulette). As part
of the application process, a notice is advertised in the local newspaper (see attached).
The deadline for camments is June 28, 2008. ~
!
It is only under rare circumstances that the municipality has opposed the issuance of liquor
licences but it has occurred. In the last dozen or so years, the municipality went on record
against licences at the Seneca iVight Club (possible all ages' nights), the Barely Legal
(opening of an outdoor patio) and the CeH Block {past violations).
Although the past two licensed establishments at this location operated without incident,
municipal staff have some concerns about what is being :proposed for Prey Niagara
Nightclub. What is known as of the date of writing of thi~ r~~port is as follows:
? A website advertising Prey Nightclub (see attached) raises some alarms as to the
type of establishment being proposed. The website refers to "a decadent taste of
what is to come." Among the club features, is an ultra private room "where anything
goes".
Clearly, the club is be' 1" rketed to the "lowest common denominator".
? The architect pplicant has indicated to the Chief Buildin ~icia a e
Working Together to S'erve Our Community Corporate Servlces Dapar4nent
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June 23, 2008 - 2 CD_2008-09
intended occupancy is 450 persons. Past approvals limited occupancy to 233
persons. The Chief Buiiding Offi~ial is of tt~~ opinion tha~ t~ris building cannot
accommodate 450 persons for its intended use.
> Although it is not entirely clear who will be operating the establishment and their
ability to conduct themselves in a lawful manner, to date, the operators have had
little contact with the City. The various permits required from the municipality have
not been applied for: a change of use permit, building permit, business licence and
patio licence agreement with the City. The outdoor patio is especially a concern as
noted in this writer's letter to fhe contact person on the {iquor licence application
(see attached).
> Other stakeholders such as the Niagara Regional Police, Main & Ferry B.i.A. and
the Board of IVluseums have expressed concerns that the proposed establishm~nt
is not compatible with the area and will have detrimental effects on revitalization
efforts. The Police have expressed concern about the public safety aspects of
imposing the traffic impact of an additional night club on the intersection of Main
Street and Ferry Street and with the strain upon the resources of the services that
would result from locating a night club in this area of the City. Staff has encouraged
these other stakeholders to send in their comments by the June 28'h deadline.
? The Club's literature describing the location as "situated in our vision of a new red
light district" is certainly not in keeping with the municipality's efforts to revitalize the
area as per the Historic Drummondville Community Improvement Plan (C.I.P.).
CONCLl1SI~N:
The City must comment on or before June 28, 2008 and, therefore, must respond based
upon the information available at this time. As outlined above and detailed in the Club's
literature, it appears that this application is not in the public interest.
A recommended resolution has been prepared indicating Niagara Falls City Council's
opposition to the issuance of a liquor licence at 5890 Main Street. By approving the
resolution, Council is also consenting to City staff participating in any conference calls,
public meetings or hearings related to the application.
:
Recommended by: . . , .
Dean lorfida;- City Clerk
Approved by:
K. E. rden, Executive Direct of Corporate Services
Respectfully submitted:
' J n acDonald, Chief Administrative Officer
,
The City of l~Tiagara Falls, Ontario
12esolution
No.
1Vdoved by
Seconded by
WHEREAS in accordance with the provisions of the Liquor Licence Act, R.S.O. 1990, c. L.19(the "Act"),
an application to the Alcohol and Gaming Commission of Ontario (AGCO) for a licence to sell liquor at
the premises known as 5890 Main Street has been applied for; and
WI~EREAS the proposed licensed establishment at 5890 Main Street is to be known as the Bank Lounge
Niagara; and
WHEREAS in response to a public notice of application, s. 7(3) of the Act reyuests written submissions
as to whether the issuance of the licence is in the public interest having regard to the needs and wishes of
the residents; and
WgIEREAS a previous application for a liquor licence at this location was opposed by Niagara Falls City °
Council as not being in the public interest; and
WI~~~AS recent municipal revitalization efforts through the Historic Drummondville Community
Improvement Plan encourage enhancement of the historical nature of the area; and
W~YEREAS the proposed occupancy of the Bank Lounge Niagara may pose a risk to public safety and
place a strain on Police resources.
THEItEFOR~ BE IT RESOLVEY) that the issuance of a liquor licence at 5890 Main Street (Bank
Lounge Niagara) is not in the public interest having regard to the needs and wishes of the residents of
Niagara Falls.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CL~RK 1VIAXOR
~~i
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The City of Niagara Falls, Ontario
~es~l~t~~~
No.
~o~ea by
Seconc~ec~ by
W~E~2EAS all meetings of Council are to be open to the public; and
W~E~AS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
B'~E~FO~ ~E ~T I~SOI.VED 'g'I~AT' on May 4, 2009 Niagara Falls Council will go into a
closed meeting to consider a matters that fall under the subject matter of 239(2)(~ of the Municipal
Act, 2001, to receive advice that is subject to solicitor-client privilege, and 239(2)(c) , a proposed
or pending acquisition or disposition of land by the municipality.
AND 'lChe Seafl of the Coa-~oratnon be ~ereto affnxed.
ID~arr ~o~g~a sa~.c~
C~~Y CILIE~ M[AXOR