Present: Kelly, Merulla (left at 11 am), Pearson, Mitchell, Whitehead (arrived at 10:10), McHattie, Ferguson Also present: Powers, Bruckler (for 80 minutes)

Media: Ken Mann (CHML), Christine Cox (Spectator), Kevin Werner (Brabant - until 10:40), Eric McGuinness (Spectator - until 10:30)

CATCH: Don

Changes to the Agenda:

4.2 Delegation request from Kathy Drewitt of the Hamilton Downtown BIA with respect to parking issues.

6.3 Letter from Joanne Czegeny opposing zoning changes at 237 Locke Street because of parking concerns.

6.4 Written submissions circulated from Brian Lane, Steven and Joanne Hawrylyshyn and G. Hogan on the proposed sale of a portion of Veterans' Park in Dundas.

6.5 This item is being referred to the Public Works committee in June.

9. Motion from councillor Pearson to establish $1500 annual budget for Muncipal Heritage Committee for "attendance at seminars, publications and printing costs."

4. DELEGATION REQUESTS

4.1 Dr. Min Basadur respecting the fence at 184 Lovers Lane (Ancaster)and its non-compliance with the Ancaster Fencing By-law. Owner wants to appeal.

4.2 Delegation request from Kathy Drewitt of the Hamilton Downtown BIA with respect to parking issues.

Delegation requests 4.1 and 4.2 were approved without discussion.

5. CONSENT ITEMS

5 . 1 Amendment to City Loan Agreement under the Hamilton Downtown Residential Loan Program for Augusta and James Limited, 155 James Street South, to Allow an Increase in the First Mortgage (PD04122) (Ward 2)

5.2 Declaration of Surplus Property; Judges Order and By-law to Stop-up, Close and Sell; Offer to Purchase - Portion of a Public Unassumed Alley North of 287 Walter Avenue North, Hamilton (PD04124) (Ward 4)

5.3 Surplus School Site, Hamilton Wentworth-District School Board, 140 Mud Street, Hamilton (PD04128) (Ward 6) These lands are east of Pritchard between the Linc and Stone Church. Cost is $880,000, but property is 'land-locked' requiring another $500,000 to obtain access lands. Recommendation is to not purchase these lands.

5.4 Removal of Holding Symbol for 45 Rifle Range Road and 1581/1603 Main Street West, Hamilton (PD04129) (Ward 1) This is the site of the proposed Fortino's superstore off Main West. Staff report says: " The City of Hamilton's Strategic Plan encourages development, which makes efficient and economical use of infrastructure and services. The proposed change in zoning would not have any negative social, health, or environmental impacts. The proposal meets the goals of Vision 2020 in that the subject property promotes the local economy."

All consent items were approved without discussion.

6. PUBLIC HEARINGS AND DELEGATIONS

6.1 Application for a Change in Zoning for Lands Located at 194 Rymal Road West (Hamilton) (PD04119) (Ward 8) Owner wants to build a house on this land currently zoned agricultural. Location is north side of Rymal just west of West Fifth.

The staff report was presented by Trevor Horzelengerg. The proponent, Mr. Sam Cino indicated that he supported the staff recommendations. A neighbouring landowner, Mr. Ellison, who lives at 172 Rymal Road East, addressed Committee and asked whether the zoning change would affect the people who still farmed in the area. He was concerned about possible flooding resulting from the land grading. However, he indicated that he was opposed to the application if it did not affect his farm. The application was approved.

6.2 Application for a Modification in Zoning for Lands Located at 1563 Main Street West (Hamilton) (PD04120) (Ward 1) South side of Main West between Kingsmount and Rifle Range. This is Boston Pizza. Owner wants to add a front yard outdoor patio. There has not been any notification of the neighbours. http://www.city.hamilton.on.ca/Clerk/
agendas-minutes-reports/Planning-Economic-
Development/2004/May04/PD04120.pdf
Owen Quinn presented the staff report. No outdoor entertainment is permitted. There was brief discussion by the committee. Councillor Pearson asked if the patio area would be visible from the inside of the restaurant so staff could monitor patrons (yes), and councillor Ferguson asked if the objective of the patio was to permit a smoking area. The owner said that smoking would be allowed there. The owner, Robert Phillips, supported the staff report. There was no debate. Moved by Ferguson and seconded by Mitchell. The application was approved.

6.3 Application for a Modification in Zoning for Lands Located at 287 Locke Street South (Hamilton) (PD04121) (Ward 1)
http://www.city.hamilton.on.ca/Clerk/
agendas-minutes-reports/Planning-Economic-
Development/2004/May04/PD04121.pdf.
Corner of Locke South and Stanley Avenue. Property currently zoned residential. Owner wants to add a hair salon to the first floor (this is the 14 th hair salon on Locke Street). Note letter received and circulated from neighbour concerned about limited parking in this area. Owen Quinn presented the staff report. Salon in first floor only - 1200 square feet. Apartment will remain on the second floor. Former pizza store there. No parking or loading spaces are required for the use because of the limited floor area, but room for 8 parking locations accessible from Stanley Avenue. Final approval won't be given until property owner brings tax payments up to date. Owner supported the staff report and profusely praised the process.

McHattie: Notes receipt of letter from citizen concerned about traffic on Stanley, and that this is a one way street which means cars would be going against the traffic if they tried to pull into the parking area for the business from Locke. "There is going to be more traffic per se. Nine to thirteen clients per day is probably something that is not a huge impact on Stanley Avenue. I think the positive aspect is that we've got up to eight parking spots on the property with only 9-13 clients per day, I don't anticipate there will be much need to park on Stanley Avenue itself. Of course parking anywhere in this area is really tight, so I think the concerns identified by the neighbours can be dealt with." Asks owner if 9-13 clients per day is a safe estimate. Owner replies off mic but appears to agree and says he recognizes parking is an issue and he recommends to clients to walk. "I don't think there is going to be anymore than twenty per day, and that's the maximum.". McHattie: "I'm pretty satisfied with that. I live at 51 Stanley so I'm going to be watching down the street.". Application moved by Pearson, seconded by McHattie. Carried.

Mitchell: "6.4 there's a lot of people here waiting to speak on it and it may take a significant amount of time, and 8.1 I believe has been sitting on the table for a couple of months. I don't think it would take that amount of time. I think the ward councillor probably has a recommendation from his meeting. We may be able to deal with that and let the Stoney Creek dairy owner go back to work. . And I have a seconder to do that. Councillor Bruckler's here and I believe he's completed his homework and we can send the Stoney Creek Dairy owner home." Kelly confirms Bruckler is ready and asks for a motion to alter the agenda. Moved by Mitchell, seconded by Pearson. Carried.

8.1 Noise Exemption Request, 135-137 King Street East, Stoney Creek (PD04116) (Ward 9) Item tabled by Committee on April 20, 2004. Stoney Creek Dairy is violating the city noise bylaw and has been charged. This item was discussed at the last meeting and tabled to allow Councillor Bruckler to try and come up with a solution. Councillors appeared to support the Dairy, but affected homeowner is represented by legal counsel.

Bruckler: ".when this was last presented there was a circulation from the bylaw staff to the surrounding residents but I hadn't had a chance to speak with them. I've contacted about half a dozen residents within the closest proximity to the Dairy and no one of those individuals indicated any concern with the Dairy. I was receiving comments back from them like they have no problem with the Dairy, they've seen continuous improvements in the operation, they've done a good job. One even indicated that it would be a damn shame if the business couldn't carry on as they have for 75 years. So I'm surely in support of the exemption being approved so they get on with their business."

Mitchell: "If the ward councillor's done his homework and is happy with this recommendation, I would move the recommendation [Bruckler can't because he's not a member of the committee]." Seconded by Pearson.

McHattie: Question to Bruckler. Notes that at last meeting "the next door neighbours were the ones that had expressed the greatest concern. Did you have an opportunity to chat with them?"

Bruckler: "Yes I did and I guess regretably nothing short of no noise would satisfy the Finelli's requirements. And virtually that's impossible to do. What the Dairy have done, they've reduced the number of hours in which the trucks would do their deliveries at the loading dock. There will be other trucks coming in and out of the back compound which they have for years, but they will reduce it to noon to four and keep that to a minimum of about three trucks a day. They have installed electrical plug at the back, and I believe they're looking at retrofitting one of the primary trucks that does the deliveries so that they can use electrical power as opposed to diesel on one of the units. That won't eliminate all the noise, but it certainly reduces the impact of what they've had over the many years. And where they're caught up in this thing is the change in the noise bylaw that just occurred recently. New blended noise law took effect and this is why they're caught in this trap even more so."

Motion moved by Pearson, seconded by Mitchell. Interruption from the audience by the owner of the Dairy asking to move an amendment. Kelly: "Sir, you're not allowed to." Owner comes down to the floor of the chamber and speaks to Bruckler. He wants the motion amended to make it retroactive.

Mitchell: "I move that amendment, Mr. Chairman, to make it retroactive to February 26." Off mic discussion determines request is to make it retroactive to 2002.

Bruckler: "Mr Chairman, I apologize. This is the first that I've seen this particular letter from the Stoney Creek Dairy. Maybe move the recommendation, go for the exemption and then we can deal with the retroactivity perhaps at council consideration will have greater opportunity to look at this and discuss the impacts of that."

[The letter circulated at the beginning of the meeting from the Stoney Creek Dairy owner Ken McEvoy and dated April 6, 2004, says in its first paragraph that "we hereby are requesting an exemption to noise bylaw no. 03020 of the NPC 205, section 11.1(a) effective February 26, 2002 and for a 10-year term (bolding in original)." Bruckler arrived half an hour late and apparently hadn't read this item before the item was discussed. The original letter was sent March 24 and asked that the exemption be effective "immediately". It's not clear why the amended April 6 letter wasn't circulated to Bruckler and the committee much earlier than May 4. The staff report includes the March 24 letter. The staff recommendation is: "that this exemption be granted for a term of ten years" effective on the date council adopts it. The Dairy has already been charged under the noise bylaw and this retroactive exemption would presumably negate those charges.]

Kelly: "So to take the amendment under advisement at this stage. I've got a speaker's list. So much for doing this expeditiously. First of all councillor Whitehead, and then Sam."

Whitehead: "I think councillor Bruckler did a great job and I'm more comfortable at least being able to digest exactly what the implications are of the amendment so I would support the referral so that we can have an opportunity to understand that and ask the questions that need to be asked."

Kelly: "We have a week before it goes to council anyway."

Merulla: "Along the same lines, I'd like to have staff respond to that particular amendment, rather than just moving without the information. So if we can have that before council it would really be appreciated."

Kelly: "So you want to stick with your original motion, [Mitchell off mic says yes] take this amendment under advisement, and we'll deal with it before we go to Council next week. Are we clear on that? On that motion? And that's implied by the way that part b of the motion is that this amendment be taken into consideration and that staff comment on that before council. Councillor Whitehead are you okay with that? [agrees off mic].

Motion carried.

6.4 Requested Purchase of Veterans` Park (Dundas) by Hamilton Wentworth District School Board (PD04123) (Ward 13) http://www.city.hamilton.on.ca/Clerk/
agendas-minutes-reports/Planning-Economic-
Development/2004/May04/PD04123.pdf

The public school board wants to build a school in Veterans' Park. There is strong opposition in the neighbourhood. Staff recommendation is to NOT sell the required parkland to the Board. The staff report was provided by Joanne Hickey-Evans. This item went on for four hours with a long list of speakers on both sides of the issue.

Kelly ruled that only registered speakers would be allowed to speak. He also reported that written submissions had been received from Brian Lane, Steven and Joanne Hawrylyshyn and G. Hogan. The citizen speakers were limited to five minutes each but the delegation from the school board, which spoke last, was given additional time. Registered speakers were Mr Ken Siva and 2 others; Mr Boris Williams; Mr Fiorigio Minelli; Ms Larissa Fedak; Mr Peter Ipema; Ms Deborah Anderson; Andrew Northrup; Kathy Fisher; Mary Greaves; Sarit Zalter; Zane Reid; Robert Morris; Paul Holmes; Amanda Lakhanpal; Bob Kronas; Mr Ray Mulholland, Chair, and Mr Merv Matier, Director of Education, Hamilton-Wentworth District School Board.

Speakers were asked to provide a copy of their presentations by email to CATCH and these will be posted as they are received. Copies of overhead presentations were distributed at the meeting from Ken Siva and Peter Ipema. The official minutes of the meeting do not provide details of the presentations. They do include the following:

"The following speakers addressed Committee in support of maintaining Veterans' Park as it is and against the Hamilton-Wentworth School Board's proposed construction of a new school in Veterans' Park:

• Dr. Ken Siva (provided copy of his presentation to the Clerk for the public record).
• Mr. Fiorigio Minelli
• Mr. Peter Ipema (advised Committee of a petition from residents against a new school in Veterans' Park and provided a copy of his presentation to the Clerk for the public record).
• Ms. Deborah Anderson
• Mr. Zane Reid
• Mr. Robert Morris
• Ms. Amanda Lakhanpal
• Ms. Larissa Fedak

"The following speakers addressed Committee in support of the Hamilton-Wentworth School Board's proposed construction of a new school in Veterans' Park:

• Mr. Boris Williams (presented Committee with a petition from residents in favour of a new school in Veterans' Park)
• Mr. Andrew Northrup
• Ms. Kathy Fisher
• Ms. Mary Greaves
• Mr. Paul Holmes
• Mr. Robert Kronas provided Committee with additional information on the matter.
• Ms Sarit Zalter was not present to address Committee.
• Mr. Ray Mulholland, Chair, and Mr. Merv Matier, Director of Education, Hamilton-Wentworth District School Board, addressed Committee in support of the construction of a new school in Veterans' Park, with the aid of a powerpoint presentation. They provided Committee with a copy of their presentation. They requested that the Committee disagree with the staff recommendation and approve their request to allow the Board to build a new school in the park. They offered to pay the City fair market value for the land required or to provide the City with alternative land elsewhere."

"Councillor Powers provided an overview of the background to the proposal and the history of the planning and the development of the area. He expressed his support for a new school in West Dundas but advised that the park location had been chosen by the former Town of Dundas as a park, and that it was an important part of the community and should remain as open space. Committee approved the staff recommendation."

6.5 Mr Todd Schaefer respecting noise wall issues at Winona Estates. Individual says noise wall is not stopping the noise. This presentation was postponed and shift to a June meeting of the Public Works committee.

6.6 Mr Bert Mondesir, Marshall, Macklin, Monaghan Ltd., respecting measures to reduce obtrusiveness of exterior lighting. Engineering/consulting company has approached the City to "assist" them in developing bylaws and regulations to control light pollution. Mr. Mondesir was not present at the meeting, so this item was postponed to a future meeting.

9. Motion from Pearson (see changes to addition). Committee discussed the issue and directed that the requested Municipal Heritage Committee budget be found from the Planning and Development Department budget.