Minutes 1998 COMMITTEE-OF-THE-WHOLE
Committee Room #2
January 12, 1998
Council met on Monday, January 12, 1998 at 6:15 p.m. in Committee-of-the- Whole. All
members of Council, with the exception of Alderman Orr, who was away due to illness,
were present. Aide,man Wayne Campbell presided as Chairman.
Following consideration of the items presented, the Committee-of-the -Whole rose
to report in open session.
READ AND ADOPTED,
PLANNING MEETING
Council Chambers
January 12, 1998
Council met on Monday, January 12, 1998 at 7:00 p.m. for the purpose of
considering Planning and Regular Business matters. All members of Council, with the
exception of Alderman Orr, who was away due to illness, were present. Aide, man Ken
Feren offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-98-04,
Cheque Nos. 234706; 234966; 234885; 234627; 234582; M92105; M92120; 234799;
234643; 234773 because members of their families are employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report F-98-04, Cheque
Nos. 234998 and 234825 because Acres is involved.
Alderman Campbell indicated a pecuniary interest on Communication No. 4
regarding Bill 160 because Niagara South is his employer.
Alderman Michalczyk indicated a pecuniary interest on Report F-98-04, Cheque
Nos. 234840; 234717; M92127; 234838; 235001; 234634; 234884; 234579; 234763 and
234940 because he is a member of the Chippawa Volunteer Fire Department.
Alderman Wing indicated a pecuniary interest on Report F-98-04, Cheque No.
234824 because she is the Chair of the interest group; Cheque Nos. 234559; 234703 and
234867 because she has a business relationship.
Mayor Thomson expressed good wishes to the City Clerk on the occasion of his
50th birthday.
It was noted that Mayor Thomson and Alderman Norm Puttick would have a
"challenge fight" on February 18, 1998 at the Skyline Brock Hotel with proceeds going to
the United Way.
PRESENTATIONS
Nia~_ara Falls Libra~_ Board
His Worship Mayor Thomson wished Mr. Frank Lewis a long and healthy
retirement and presented him wit~' a token of appreciation in recognition of his 20 years of
service on the Niagara Falls Pu~,lic Library Board.
His Worship Mayor Thom,son presented a cheque in the amount of $2,000.00 to
Mr. Carman G. Dix, Chairman or' the Niagara Falls Public Library Board, which were
funds that had been raised at the City's 1997 Inaugural. Mr. Dix thanked the City for the
funds and introduced former and present members of the Ni;~gara Falls Public Library
Board to members of Council.
P_LANNING MA TTERS
PD-98-01 - Chief Administrativei Officer- Re: Zoning By-law Amendment Application,
AM-34/97, 4838 Dorchester Roa~f; River Realty Development (1976) Inc. The report
recommends the following:
1. That Council approve the*~application to include service commercial and limited
specialty uses as pefi-r~ittec uses to the existing PI zoning for the lands known as
4838 Dorchester Road;
2. That the limited speciality us ss be limited to 30 percent of the total gross leasable
floor area of the existing and proposed buildings.
- AND - ~
Communication No. O~ - Regio~,;l Niagara, Planning & Development Department.
The communication advises as noi ,being in opposition to the approval of the application.
Communication No. 02 - Regional Municipality of Niagara, Servicing Review &
Approvals. The communication advises as having no objections to the rezoning.
Communication No. 03 - Aird & I3,=.rlis. The communication requests that no action be
taken until such time that repo/t~; can be viewed and comments provided on the
application.
His Worship Mayor Thom~.~;)n declared the Public Meeting open and read the
procedure to be followed under th{~ Planning Act.
The City Clerk advised tha? the Notice of the Public Meeting had been given in
accordance with Regulations on D ? cember 12, 1997.
I[ll [ [ Ill Illllll I
His Worship Mayor Thomson received indication that Mr. John Mestek, Property
Manager, was in attendance on behalf of the applicant and received a negative response
to his request for a show of hands by persons present who were interested in the
application. He requested that all persons wishing to receive further notice of the passage
of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the Planning Review; and the Public Notification
Process; advised that the plan conforms to the Official Plan and staff recommend approval
of the application to pe,,it the additional uses with the condition that the retail uses be
limited to 30% of the total gross leasable floor area
Mr. Mestek advised that the applicant was in support of staff's recommendations;
indicated that the proposed uses were consistent with the intent of the Official Plan and
achieves the goals set out in Special Area #15 and that, the proposed uses will bring this
site in confo~ity with the, neighbouring land. He also advised the applicant had agreed
to remove the following ~ses from the application: a meat shop; bake shop; appliance
store; electronic store; craft and hobby store; sporting goods store and decorating store;
and requested that Council support the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-34/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimous/v.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimousl_v.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
Report PD-98-07 be brought forward. Carried Unanimousl_v.
PD-98-07- Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-32/97, 876891 Ontario Limited c/o Vincent DiCosimo; 6361 Buchanan Avenue & 6354
Stanley Avenue and Adjoining Ontario Hydro Lands. The report recommends the
following:
1, That Council honour the applicant's request to have his application postponed until
the February 9, 1998 Planning Council Meeting;
2. That the applicant be encouraged to meet with David Crombie and the City's Tourist
Area Development Strategy consultants to refine his proposal in keeping with the
final Development Strategy.
- AND -
Communication No. 04 - Broderick, Marinelli, Amadio, Hopkins & Kirkham. The
communication advises of a request that the matter be deferred to the Council meeting of
February 9, 1998.
~111 I I Il IIIIII I
- AND -
Communication No. 05- The Niagara Parks Commission. The communication requests
that the Commission be advised when the proposal is to be addressed by Council at a
future date.
Communication No. 06 - Regional Niagara, Planning and Development Department.
The communication advises that the proposal be deferred pending the outcome of the
Tourist Area Development Strategy and related implementation.
Communication No. 07 - Waterfront Regeneration Trust. The communication provides
confirmation that the Waterfront Regeneration Trust and the City's consultant, together with
the City and Park Commission staff would be meeting with the applicant on January 13,
1998 to review plans based on design criteda developed by the City's consultants, as part
of the Niagara Falls Tourism Area Development Strategy.
His Worship Mayor Thomson received indication that Mr. ;John Brodedck was in
attendance on behalf of the applicant.
Mr. Broderick requested that the matter be deferred to February 9, 1998 Planning
Council meeting to permit the Consultants to look at the proposal and provide an
opportunity for anyone to make comments on the matter.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-32/97 closed.
ORDERED on the motion of AIderman Puttick, seconded by Alderman Cummings, that the
matter be deferred. Carded Unanimousl_v.
PD-97-02 - Chief Administrative Officer. Re: Zoning by-law Amendment Application;
AM-33/97, 46fl Victoria Avenue; Proposed Wholesale Establishment. The report
recommends that Council approve the application to include a souvanir wholesale and
distribution establishment as a permitted use for the lands known as 4611 Victoria Avenue.
-AND -
Communication No. 08 - Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the approval of this application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on December 12, 1997. ~
His Worship Mayor Thomson received indication that the applic,~nt, Mr. Paul DiPaul
was in attendance and received a positive response to his request for a show of hands by
persons present who were interested in the application. He request'ed that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's reques! for comments from
persons, other than the applicant or his agent, in support of the. application and in
opposition to the application. ~
~!1 [i III IIIIBI I ' '
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; advised that the property was to be used as a souvenir
wholesale and distribution establishment; referred to berming and buffering through the site
planning process and the construction of wooden fencing and landscaping treatment.
Mrs..loan Howatson indicated that she was neither in opposition or in support of
the application but requested information as to the type of vehicles that would be utilized
and the hours of operation of the establishment.
Mr. DiPaul provided clarification on the hours of operation and advised that there
would be no manufacturing or assembly on the site, that the business would consist of
storage of goods to souvenir retailers.
Concerns were expressed with respect to truck access and idling truck engines;
and it was suggested that signs be posted indicating that "engines not be pef,~itted to
idle.
Mr. DiPaul responded that trucking activities would be limited to certain times of the
year because of the nature of the business.
Since no further comments were forthcoming, His Worship Mayor Thomson
dec/amd the Public Meeting with regard to Application AM-33/97 closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of AIderman Craitor, seconded by Aldef~an Michalczyk, that the
correspondence be received and filed. Carried Unanimo~l~ly.
See By-law No. 98-02
PD-98-04 - Chief Administrative Officer- Re; Zoning By-law Amendment Application;
AM-31/97, 4751 Montrose Road; ProposedDuplex Expansion. The report recommends
the following:
1. That Council approve the requested amendment to change the zoning of 4751
Montrose Road from R2 to R4 to permit a five unit residential building;
2. That the applicant dedicate the required road widenings and daylighting triangle to
the City and Region at the site plan approval stage.
-AND -
Communication No. 09 - Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the approval of this application
subject to local planning requirements and the Regional Public Works Department.
Communication No. '/0 - The Regional Municipality of Niagara, Servicing Review and
Approvals. The communication advises as having no objections to the rezoning subject
to the Regional requirements indicated in the communication..
His Worship Mayor Thomson declared the Public Meeting open and mad the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on December 12, 1997.
His Worship Mayor Thomson received indication that the applicant, Mr Mehdi
Nahid, was in attendance and received a negative response to his request for a show of
hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-,Jaw submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make ore/ or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the Subject property with the
assistance of posted sketches; discussed the location of the parking; referred to
establishing proper fencing and landscaping in the area; specific recognition of an existing
set back on Woodbine Street; and road widening requirements from the Region.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worsh, i'p Mayor Thomson
declared the Public Meeting with regard to Application AM-31/97 clo,,~ed.
ORDERED on the motion of AIde/~an Volpatti, seconded by Alden~an Fisher, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Aldemmn Fisher, that the
correspondence be received and filed. Carried Unanimously.
PD-98-05 - Chief Administrative Officer. Re: Zoning By-law Amendment; AM-35/97,
Body-Rub Parlours. The report recommends that Council adopt the amending by-law
appearing in Council's agenda to regulate the establishment of bodyJrub parlours within
the Municipality.
- AND -
Communication No. 11 - Regional Niagara, Planning and Development Department.
The communication advises as having no comments on this amendment.
- AND -
Communication No. 12- The Regional Municipality of Niagara; Servicing Review and
Approvals. The communication advises as having no objections to the zoning by-law
amendment.
- AND -
Report L-98.02 - Chief Administrative Officer o Re: Body-rub ParloUr Licensing By-
law. The report recommends that Council pass the attached dreft By-law, to licence
owners, operetors and Body-rubbers at Body-rub Parlours.
The City Solicitor referred to the municipality regulating and governing body-rub
parlours and not being able to prohibit the establishment of body-rub parlours; and
indicated that the zoning and licencing by-laws would restrict the locations and the number
of the establishments.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
Ell [ I Ill Illllll I
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on December 12, 1997 and December 13, 1997.
The Director of Planning and Development reviewed the recommendation report
and discussed the types of commercial zones and separation distances and recommended
that Council adopt the zoning by-law.
Discussions ensued with respect to restricting these operations from main
thoroughfares and concerns were expressed with respect to signage and the age
of individuals working and attending the establishments.
The City Solicitor responded that the municipality did not have to provide the
specific locations but had to provide "reasonable opportunity" to be able to locate in the
designated areas; he also indicated that the municipality could not prohibit body-rub
parlours but could regulate and licence them and further indicated that no qualifications
were required to become a body-rubber.
There was a 'negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-35/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Report PD-98-05 and Report L-98-02 be received and adopted and further that the Police
Services Board be approached regarding the matter. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, to approach
our Member of Provincial Parliament; the Provincial Minister and Regional members,
objecting to the'mandatory legislation that makes it necessary for municipalities to have
body-rub par/ours within their boundaries. Carried Unanimousl_v.
See By-law No. 98-03
See By-law No. ~-05
PD-98-06 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-27/97; Donald Braun; 5583 Ontario Avenue. The report recommends the following:
1. That Council approve the application to legalize the 3-unit dwelling known as 5583
Ontario AVenue and permit the adjoining lands to be used to provide parking subject
to the applicant securing a lease for the adjoining lands;
2. That alternatively, Council approve e modified amendment to legalize a 2-unit
dwelling subject to all of the required parking being provided on the same site as the
dwelling;
3. That th~ amending by-law not be placed on Council's agenda until staff are satisfied
the dweJling has been fitted with a water meter and the applicant has either secured
a lease for the adjoining lands or one of the three dwelling units has been
eliminated and two parking spaces are provided on-site;
4. That the applicants be given six months to complete the necessary works.
· 1[~ I I II IIIIII I
- AND -
Communication No. 13 - Connie Zappitelli, 4468 Philip Street. The communication
advises as having no objection to the rezoning in order to legalize the existing 3-unit
dwelling; nor to the zoning of Parcel B to a site specific (P) zone.
- AND -
Communication No, 14. The Regional Municipality of Niagara, Servicing Review and
Approvals. The communication advises as having no objections to the zoning by-law
amendment.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on December 12, 1997.
Alderman Volpatti vacated the Council Chambers.
His Worship Mayor Thomson received indication that Mr. Brian Sit,clair, was in
attendance on behalf of the applicant and received a positive response to his request for
a show of hands bypersons present who were interested in the application. He requested
that all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make c,~i*al or wdtten
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and advised that the purpose of the application was to
allow for the legalization of an enlarged house and for providing parking on lands not
owned by the applicant. He further advised that the applicant was negotiating a lease
agreement with Niagara Falls Hydro for the use of the lands for parking offsite.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Joseph Vinish, owner of the vacant lot nearthe subject property indicated that
he was opposed to the application, but was in support of Item tt4 on page 2 of the
Recommendation Report and expressed concems with respect to the lot size at the back
of the property.
Mr. Brian Sinclair provided a brief history of the property; advised that Niagara
Falls Hydro had negotiated a va/id offer to lease the land for five years; stated that if the
application was approved, it would have to be conditional on the parking/ease and the
installation of a water meter.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-27/97 closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that
the report be received and adopted. Carded Unanimously.
~iil I I Ill IIlll~lI
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
correspondence be received and filed. Carded Unanimousl_v.
PD-98-03 - Chief Administrative Officer - Re: SPC-13/97, Application for Site Plan
Approval; 6525 & 6535 Thorold Stone Road; Proposed parking Area for John's
Restaurant. The report recommends the following:
1. That Council approve the site plan for the proposed parking area for John's
Restaurant, 6525 and 6535 Thorold Stone Road;
2. That the traffic using the ddveway connection between the restaurant, the Our Lady
of Scapular Church parking lot and Caswwell Street be monitored and that any
problems arfsing be dealt with through the Parking & Traffic Committee.
- AND -
Communication No. 15 - Anita and Don Woodruff. The communication requests that
Council permanently close the access between John's Restaurant and Our Lady of
Scapular Church parking lot.
His Worship Mayor Thomson received indication that Mr. Chds Cdstelli was in
attendance on behalf of the applicant.
Mr. Chris Cristelli, advised that the applicant has an agreement with the padsh
council of Our Lady of Scapular Church for the past 111/2 years that govern the access
into the rear parking lot. Mr. Cdstelli indicated that the applicant uses the church parking
lot for the overflow of cars for his business.
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Pietrangelo, to approve the application but to close the access from
the restaurant to Caswell Street Laneway. The motion was Defeated with Aldermen
Campbell, Craitor, Cummings, Fisher, Janvary, Michalczyk and Orr voting contrary to the
motion; and Aldermen Feren, Pietrangelo, Puttick and Wing voting in favour of the motion.
Following further discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Craitor, to approve the recommendation and that a full report
regarding the dust and other problems associated with the area be brought back to
Council. The motion Carded with Aldermen Feren, Pietrangelo, Puttick and Wing voting
contrary to the motion and with all others voting in favour.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the Minutes of the Inaugural Meeting of December 1, 1997; and the Minutes of the
Planning/Regular Meeting of DecemberS, 1997; and the Minutes of the Regular Meeting
of December 15, 1997 be adopted as printed. Carded Unanimousl_v.
COMMUNICATIONS
Communication No. 16a) Ontario March of Dimes, Joyce Nigh, Area Co-ordinator-
Re: Proclamation. The communication requests that the month of January, 1998 be
proclaimed as "Ontarfo March of Dimes" month.
- 10-
16b) The Victorian Order of Nurses - Re: Proclamation. The communication requests
that the week of January 18th to 24th, 1998 be proclaimed as "National VON Week".
16c) Royal Bank - Re: Proclamation. The communication requests that the week of
January 17th to January 24th, 1998 be declared as "Royal Bank Canadian Hockey" Week
in saluting Minor Hockey and all participants in Canada's National Game.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
requests 16a), 16b) and 16c) be supported subject to established policy. Carded
Unanimousl_v.
Communication No. 17- Township of Colborne - Re: Resolution. The communication
requests that Council support a resolution advising the Province of Ontado of the reported
problems caused by E-Coil bacteda contamination along the lakeshore areas and that the
Province of Ontado provide adequate resoumes to carry out a thorough investigation of all
associated matters related to E-coil bacteria contamination and further that the Province
provide initiatives to effectively deal with the issue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
request be supported. Carded Unenirnou$1y.
Communication No. 18. Chippawa Business Improvement Association (BiA). The
communication advises that the following Board of Management had been appointed to
the Chippawa Business Improvement Association (BIA): Chairman - Victor Feraiuolo; Vice-
Chair- Gino DiCarlo; Secretary - Tessi Routsogiannopoulos; Treasurer- Dave Barnes; and
requesting that Council ratify the appointments:
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be deferred pending results of the survey with the BIA members.
Communication No. 19 - Howard Hampton and the Ontario NDP - Re: Bill 160. The
communication advises of a petition to the Legislative Assembly of Ontario petitioning the
government to hold a province wide referendum on the question of whether Bill 160, the
Education Quality Improvement Act, 1993, should be withdrawn or, if enacted, whether Bill
160 should be repealed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, to permit
individual Aldermen to sign the petition. The motion Carded with Aldermen Campbell,
Janvary and Pietrengelo abstaining from the vote on conflicts of interest, because they are
employed by the School Board and with all others voting in favour.
Communication No. 20 - Niagara Peninsula Conservation Authority - Re: Welland
River Watershed Plan, Niagara Peninsula Conservation Authority Watershed. The
communication provides a report on the Watershed Management Plan; a Tem-~s of
Reference for the Steering Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Creitor, that the
matter be referred to the Environmental Planning and Greening Committee. Carded
Unanimous/y,
Communication No. 21 - Victoria & Centre BIA - Re: Board of Management. The
communication advises of the following appointments of the new Board of Management
for the Victoria & Centre BIA of Vince Kerdo Jr. - Chairman; Vince Ferro - Co-Chairman #1;
Frank Lapenna - Co-Chaifi-~an #2; Jim Roberto - Treasurer;, Sue McDowell - Secretary;
Tony Parisi- Parking & Traffic; Phil Pasco - Alternate Parking & Traffic and requesting that
Council ratify the appointments.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the appointments be approved. Carded Unanimo(~$1y.
11 -
REPORTS
RA TIFICA TION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions taken on the following matters by the Corporate Services Committee, earlier
this evening, be approved:
1. That Alde~an Campbell be appointed as Vice-Chair of the Corporate Services
Committee;
2. That the Minutes of the Corporate Services Committee meeting of October 20, 1997
be adopted as recorded;
3. Report -F98-01 - that the City of Niagara Falls refuse the delegation of the tax ratio-
setting authority;
4. Report F-98-02 - that, in the absence of an adopted 1998 Current Budgeh
1) City departments be allowed to incur costs to a level of 30% of the departmental
expenditure budget of the prior year; 2) New capital items deemed essential by a
department be approved by the Corporate Services Committee prior to purchase;
3) that this policy be communicated to all Commissions, Boards and Agencies and
that City contributions not exceed a monthly pro rata share of the prior year's
support;
5. Report F-98-03 - that the borrowing of $23,000,000 for current expenditures for the
year 1998 be approved;
6. Report F-98-04 - that the municipal accounts totalling $,246,531.78 for the period
ending January 12, 1998 be approved;
7. Report F-98-05 -that the 1998 Water Rates be increased by 6%, Sewer Surcharge
Rates by 15%, and that a discount of 1% be provided for payments on or before the
due date;
8. Report F-98-06 - that the amending agreement to the City - ScotiaBank Purchase
Agreement for access to Intemet Information be approved;
9. Report MW-98-11 - that no tender be accepted with respect to the supply and
installation of a front vestibule and that the tender deposits be returned;
10. That the request from the St-Bemard Solidarity Fund be received and filed;
11. That staff contact local social agencies to review the needs of the community and
to investigate any duplication of services;
12. That a committee be established to review Council salaries;
13. That staff be directed to prepare payment for an overdue billing for repairs to the
Chippawa boat ramp;
14. That the City offers manpower and equipment to the Ottawa Region due to the
recent ice storm damage;
15. That staff investigate the request from the Optimist Club for an interest-free loan to
cover emergency building repairs.
I[ll Il [! Illl[!---[
12 -
The motion Carried with Alderman Wing, Cummings, Craitor and Michalczyk abstaining
from the vote on Report F-98-04 on conflicts of interest previously noted and with all others
voting in favour.
See By-law NO. 98-10
See By-law No. 98-12
See By-law No. 98-13
See By-law NO. 98-14
CD.98-01 - Chief Administrative Officer-Re: Appointments to Boards, Commissions
and Committees. The report recommends that Council make the appropriate
appointments and pass the appropriate By-law.
Niao_ara Falls Public Libra~_ Board
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Creitor, that
Carman Dix; Barbara Ness and Ken Smith be appointed as recommended by the Niagara
South Board, as Citizen representatives to the Niagara Falls Public Library Board for the
1998-2000 terrr~. Carried Unanimousl. v.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
Guy Prata and Rose Sottile, be appointed, subject to a recommendation by the Roman
Catholic Separate School Board, as Citizen representatives to the Niagara Falls Public
Library Board for the 1998-2000 term. Carried Unanimously.
That Anne Andres-Jones, Isabelle Bald and Nancy Eidt, be appointed as Citizen
representatives to the Niagara Falls Public Library Board for the 1998-2000 term. Carried
Unanimousl_v.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
Mayor Wayne Thomson be appointed to the Niagara Falls Public Library Board for the
1998-2000 term; and that AIderman S. Fisher, be appointed as an alternate representative
to the Niagara Falls Public Library Board for the 1998-2000 term. Carried Unanimously.
Nia~_ ara District Aim. ort Commission
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
Brian O/sen and Fermino Susin, be appointed as Citizen representatives, to the Niagara
District Airport Commission for the 1998-2000 term. Carded Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
Alderman N. Puttick, be appointed as one of the Council representatives to the Niagara
District Airport Commission for the 1998-2000 term. Carded Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
an ad be placed in the newspaper requesting Citizen representatives to the Niagara District
Airport Commission. Carried Unanimousl_v.
Niao_ara Falls Art Galle~_
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
an ad be placed in the newspaper requesting Citizen representatives to the Niagara Falls
Art Gallery. Carried Unanimousl_v.
Business Development Advisor_ Council
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
Alderman P. Cummings and Alderman S. Fisher, be appointed as Council representatives
to the Business Development Advisory Council for the 1998-2000 term. Carried
Unanimousl_v.
See By-law No. 98-15
I[1 [ [ Ill Illllll I
13 -
CD-98.02 - Chief Administrative Officer- Re: Special Occasion Permit; Niagara Falls
Pirates Hockey Club. The report recommends that Council indicate it has no objection to
the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Pietrengelo, seconded by Aldeirr~an Creitor, that
the report be received and adopted. Carried Unanimously.
L-98-01 - Chief Administrative Officer- Closing and Sale of Part of Unopened Road
Allowance betwccn Stamford Township and Niagara Township Part 2 on Reference
Plan 59R-10127. The report recommends the following:
1. That part of an unopened road allowance, described as Part 2 on Reference Plan
59R-10127, be stopped up and closed;
2. That the said Parts, so closed, be declared surplus and offered for sale to the
abutting owner, Lou-Anne Grimwood, for $1700. O0 plus costs;
3. That Transfers of Easements be granted to those utilities having existing easements
over the said road allowance, prior to the transfer of/and;
4. That a Quit Claim Transfer/Deed be granted to Lou-Anne Grimwood to confirm title
to land abutting the south side of the subject road allowance;
5. And that further, the Mayor and Clerk be authorized to execute the said Transfer(s)
of land and Transfer(s) of Easements.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimousl_v.
See By-law No. 98-06
See By-law No. 98-07
See By-law No. 98-08
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matter by Committee of the Whole, earlier this evening,
be approved:
That the City Solicitor be authorized to defend the City in the Ontario Court, General
Division action between Back Harr Truck Leasing Ltd. and the Corporation of the
City of Niagara Falls; and to take all necessary steps in that regard.
Carried Unanimously
RESOLUTIONS
NO. Ol - CUMMINGS - PIETRANGELO . WHEREAS the City of Toronto and the Province
of Ontario have recently announced an agreement to provide Toronto with
$250,000,000.00 in grant and loan monies to assist in reducing any potential increase in
municipal taxes in the City of Toronto as a result of the Provincial reduction in grants and
subsidies and the Who Does What downloading exercise; AND WHEREAS the City of
Niagara Falls has identified clearly that there will be substantial negative financial impacts
upon it and its taxpayers as a result of the Provincial reduction in grants and subsidies and
the Who Does What downloading exercise causing the City of Niagara Falls to be in a
position where it may have to significantly raise taxes; AND WHEREAS the Province of
Ontario claims that it is committed to making the reform of Municipal Government a fair and
equitable one as between itself and all municipalities in the Province; AND WHEREAS as
a result of the very buoyant Provincial economy it has derived substantial additional
revenues through increased allocation of corporate taxation, Provincial sales tax and other
taxes;
14-
AND WHEREAS the Province has also increased its revenues substantially by virtue of
the presence of a commercial casino in City of Niagara Falls without sharing in a any way
those revenues with the City. NOW THEREFORE BE IT RESOLVED THAT the Province
of Ontario provide the City of Niagara Falls with funds to allow it to have a 0% tax increase
as it has with the City of Toronto; AND THAT Mr. Bart Maves, MPP, immediately convene
meetings between City officials and Provincial officials similar to those that were convened
in Toronto with a view to providing for the funds referred to in Section 1 of this resolution.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
His Worship Mayor Thomson introduced and welcomed Sylvia Somerville, Reporter
for the Chippawa Times to Council.
BY. LAWS
ORDERED on the motion of Alde,r~an Cummings, seconded ~y Alderman Pietrangelo,
that leave be granted to introduce the following by-laws, and ths by-laws be read a first
time:
98.01 A by-law to amend By-law No. 79-200, as amended.(AM-11/96 - Beaver
Valley Realty; Beaver Valley Extension 1)
98-02 A by-law to amend By-law No. 79-200, as amenoed. (Re: AM-33/97, 4611
Victoria Ave; 877057 Ontario Inc.)
98-03 A by-law to amend by-law No. 79-200, as amended, being the Zoning By-
law, to provide for body-rub parlours as a permitted land use in the City of
Niagara Falls.
98-04 A by-law to authorize the execution of an Agreement with Amex Bank of
Canada respecting an American Express Card Acceptance.
98-05 A by-law to provide for the licensing, regulating and inspection of Body-rub
parlours, Owners and Operators of Body-rub parlours and Body rubbers at
Body-rub parlours.
98-06 A by-law to stop up and close part of a road allowance lying between the
Townships of Stamford and Niagara, designated as Part 2 on Reference
Plan No. 59R-10127. (L98-01)
98-07 A by-law to declare part of a road allowance lying between the Townships
of Stamford and Niagara, designated as Part 2 on Reference Plan No. 59R-
10127, surplus and to offer the subject property to the abutting owner. (L98-
01)
98-08 A by-law to authorize a Quit Claim Transfer/Deed to Lou-Anne Grimwood for
the purpose of releasing any interest the City may have in Part 3 on
Reference Plan No. 59R-10127 (L98-01)
98-09 A by-law to authorize the execution of an Amending Agreement with The
Optimist Club of Niagara Falls with respect to a mortgage.
98-10 A by-law to authorize monies for General Purposes (January 12, 1998).
98-11 A by-law to amend By-law 79-200, (AM-29/97 & 26T-11-9702, Wedgewood
Builders of Niagara Limited, c/o Donna Walters)
1{5 -
98-12 A by-law to authorize the borrowing of Twenty-Three Million Dollars for
current expenditures for the year 1998.
98-13 A by-law to amend By-law No. 75-20, as amended, to regulate the supply of
water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
98-14 A by-law to amend By-law No. 70-135, as amended, being a by-law to
impose a sewage service rate.
98-15 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
The motion Carried with Alderman Cummings, Craitor, Michalczyk and Wing, abstaining
from the vote on By-law No. 98-10, on conflicts of interest previously noted and with all
others voting in favour.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-01 A by-law to amend By-law No. 79-200, as amended.(AM-11/96 - Beaver
Valley R~. lty; Beaver Valley Extension 1)
98-02 A by-law to amend By-law No. 79-200, as amended. (Re: AM-33/97, 4611
Victoria Av.e; 877057 Ontario Inc.)
98-03 A by-law to amend by-law No. 79-200, as amended, being the Zoning By-
law, to provide for body-rub parlours as a permitted land use in the City of
Niagara Falls.
98-04 A by-law to authorize the execution of an Agreement with Amex Bank of
Canada respecting an American Express Card Acceptance.
98-05 A by-law to provide for the licensing, regulating and inspection of Body-rub
parlours, Owners and Operators of Body. rub padours and Body rubbers at
Body-rub par/ours.
98-06 A by-law to stop up and close part of a read allowance lying between the
Townships of Stamford and Niagara, designated as Part 2 on Reference
Plan No. 59R-10127. (L98-01)
98-07 A by-law to declare part of a road allowance lying between the Townships
of Stamford and Niagara, designated as Part 2 on Reference Plan No. 59R-
10127, surplus and to offer the subject property to the abutting owner. (L98-
01)
98-08 A by-law to authorize a Quit Claim Transfer/Deed to Lou-Anne Gr/mwood for
the purpose of releasing any interest the City may have in Part 3 on
Reference Plan No. 59R-10127 (L98-01)
98.09 A by-law to authorize the execution of an Amending Agreement with The
Optimist Club of Niagara Falls with respect to a mortgage.
98-10 A by-law to authorize monies for General Purposes (January 12, 1998).
98-11 A by-law to amend By-law 79-200, (AM-29/97 & 26T-11-9702, Wedgewood
Builders of Niagara Limited, c/o Donna Walters)
98-12 A by-law to authorize the borrowing of Twenty-Three Million Dollars for
current expenditures for the year 1998.
16-
98-13 A by-law to amend By-law No. 75-20, as amended, to regulate the supply of
water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
98-14 A by-law to amend By-law No. 70-135, as amended, being a by-law to
impose a sewage service rate.
98-15 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk and Wing, abstaining
from the vote on By-law No. 98-10, on conflicts of interest previously noted and with all
others voting in favour.
NEW BUSINESS
Letters of Con~_ratulatior~
ORDERED on the motion of AIde,,,an Fisher, seconded by Alderman Pietrengelo, that a
letter of congratulations be forwarded to Niagara Falls resident poet, Mr. William Gaston
for having his poem "Co/ors" published in a treasury of poetry compiled by the National
Library of Poetry. Carried Unanimousl. v.
ORDERED on the motion of AIden-~an Fisher, seconded by Alderman Pietrangelo, that a
letter of appreciation be forwarded to the Niagara Falls Hydro and City staff for their
assistance during the recent Ice storm. Carded Unanimously.
Winter Festival of Liu_hts
Alderman Ken Feren provided an update on the successful Winter Festival of
Lights.
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that a
letter of recognition be forwarded to Serge Felicetti; Greg Bailey; staff and volunteers for
their involvement in the Winter Festival of Lights. Carded Unanim(~tsly.
Donations for Ice Storm Victims
Alderman Craitor requested further information on what program has been initiated for
collecting donations for the recent ice storm victims. The Director of Corporate Services
advised that he would provide further information on the matter.
Letter of Appreciation
His Worship Mayor Thomson referred recent donations provided by Fruitbelt
Development to the St. Lawrence Community Kitchen, which had equalled to one month's
food consumption at the kitchen; and requested that a letter of appreciation be forwarded
to the company for their donation.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that a letter
of appreciation be forwarded to Fruitbelt Development for their recent donation to the St.
Lawrence Community Kitchen. Carded Unanimously.
17 -
Gondola Basket Over the Niagara Gor~
His Worship Mayor Thomson referred to a recent newspaper article with regard to
a company pursuing a crossing of the gorge in a gondola from Niagara Falls, New York to
Niagara Falls, Ontario and of his comments condemning the matter. He advised that the
matter had previously been looked into as far back as the opening of Maple Leaf Village,
with a great deal of concern having been expressed from various groups at that time.
ORDERED on the motion of AIderman Cummings, seconded by A/de~rr~an Pietrangelo, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
SECOND MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
January 26, 1998
Council met on Monday, January 26, 1998 at 6:45 p.m. in Committee-of-the- Whole. All
members of Council, were present. Alderman Edward Michalczyk presided as Chairman.
Following consideration of the items presented, the Committee-of-the -Whole did
not rise to report.
READ AND ADOPTED,
MA YOR WA YNE THOMSON
REGULAR MEETING
Council Chambers
January 26, 1998
Council met on Monday, January 26, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were present. Aldeirr~an
Judy Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
Minutes of the Council meeting of January 12, 1998 be adopted as printed. Carried
Unanimous/v.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-09,
Cheque Nos. 235235; 235048; 235048; 235137; 235331; M92131, because members of
their family are employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report F-98-09, Cheque No.
235187 because the recipient is Acres.
Alderman Michalczyk indicated a pecuniary interest on Report F-98-09, Cheque
Nos. 235051; 235103; 235108; 235144; 235154; 235206; 235233; 235297; 235323;
235343; 235355; 235348; 235356, because he is a volunteer firefighter; and on Cheque
No. 235251 because he sits on the Board of the Humane Society.
~111~ [I Ii Illlll I
Alderman Wing indicated a pecuniary interest on Report F-98-09, Cheque Nos.
235043; 235230; 235275 because she w#tes for them.
PRESENTA~ONS
His Worship Mayor Thomson presented tokens of appreciation on behalf of the City
to City employees, Kevin CarT; Brian Smith; Mike Tellier and Dan Wilson for their
assistance in the relief efforts in the Ottawa/Carlton area during the recent ice storm.
Provincial Downloadin~l
His Worship Mayor Thomson referred to comments made by Mr. Glenn Gandy
with regard to Provincial downloading, published in the Niagara Falls Review on January
21, 1998; and correspondence requesting Mr. Gandy 's attendance at the Council meeting
in order to explain his position.
Dudng the discussion, concern was expressed with respect to the elimination of
municipal support grants; downloading of $500 million across the Province; the Province
embarking on a program to eliminate the deficit through municipal support; the municipality
facing a loss of $1.4 million; having to look at other measures in terms of cost cutting;
and of the City's position respecting the comments of Mr. Glenn Gandy.
DEPUTA TION~
Mr. Don Pierson, Niagara Falls Emerald Plumbing, Jr. B. Canucks introduced
the team players; the Executive and Coaches of the Jr. B. Canucks who were in
attendance.
His Worship Mayor Thomson commended the team and requested that the
community support the team by attending their games and advised that the next game
would be held on Fdday, January 30, 1998 at 7:30 p.m.
COMMUNICATIONS
Communication No. 22 - Canadian Red Cross Society, Niagara Falls Branch, Renate
Martin, Branch Manager - Re: Mayor's Blood Donor Clinic. The communication advises
that the Mayor's Annual Blood Donor Clinic is scheduled for February 23, 1998 and
requesting support for this life-saving event.
ORDERED on the motion of AIderman Craitor, seconded by Alderman Cummings, that the
request be approved. Ca~ed Unanimously.
Communication No. 23- The Niagara Parks Commission - Re: Annual Fireworks. The
communication requests permission to carry out their annual fireworks displays off Ontado
Hydro property in the gorge, on Fdday evenings at 10:00 p.m. commencing May 15th to
September 11th, 1998.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
request be approved subject to Fire Prevention Approval. Carried Unanimously
II~ [ III Illl Ill I
Communication No. 24 - Heart and Stroke Foundation of Ontario - Re: Proclamation.
The communication requests that the month of February, 1998 be proclaimed "Heart
Month"; and requesting that the Mayor partake in a flag raising ceremony on Monday,
February 2, 1998 at 10:00 a.m. at City Hall.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the request be approved subject to established policy. Carded Unanimously.
Communication No. 25 - City of Port Colborne - Re: Resolution for request for funds.
The communication requests that Council endorse a resolution respecting a request for
funds from the Province of Ontario to allow for a 0% tax increase in the City of Port
Colbome.
ORDERED on the motion of AIderman Craitor, seconded by Alde~,~an Michalczyk, that the
request be supported. Carded Unanimousl_v.
Communication No, 26 - Kanata Native Cultural Society- Re: Native Awareness Week.
The communication requests that Council proclaim the week of May 14 - 24, 1998 as
"Native Awareness Week"; and requests that the Mayor officially open Native Awareness
Week on May 14, 1998 at 10:15 a.m. at Niagara Square Mall; and further requests that
the rental fee of the Niagara Falls Memorial Arena for a two-day powwow on May 23 and
May 24, 1998 be waived.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the
matter be referred to staff. Carded Unanimousl_v.
Communication No. 27 - Teresa S, Heeney - Re: Licensing approval of the Cobra Club.
The communication expresses strong objections to the approved licensing of the Cobra
Club and the Icon Club (former Union Centre) at the comer of Drummond Road and Murray
Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the correspondence be received and filed. Carded Unanimousl_v.
Communication No. 28 - Gerry Rochon, Executive Producer, Baton Broadcasting
(LTV) - Re: New Years Eve Celebrations - expressing appreciation to the City and Sergio
Felicetti and Festival Chairman, Gary Hendershot for an outstanding New Year's Eve
celebration.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the communication be received and filed. Carded Unanimousl_v.
Communication No. 29 - Niagara Falls Visitor & Convention Bureau - Re: Fireworks
D/splay. The communication requested permission to hold a fireworks display on February
9, 1998 at the Ontario Hydro Station in the gorge near the Horeshoe Falls.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the request be approved subject to established policy. Carried Unanimousl_v.
Communication No. 30 - Marion Levin - Application for Appointment to Boards,
Commissions and Committees (Niagara Falls Art Gallery Board). The communication
requests to be considered to the Board of the Niagara Falls Art Gallery.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
Marion Levin be appointed to the Niagara Falls Art Gallery Board. Carded Unanimousl_v.
REPORTS
CS-98-0f - Chief Administrative Officer- Re: Chippawa Business Improvement Area.
The report recommends that the information contained in this report is presented for the
consideration and direction of Council.
ORDERED on the motion of Alderman Fisher, seconded by Aldefir~an Volpatti, that, at the
direction of Council, staff facilitate a public meeting with staff and business owners to clarify
and address all the unanswered questions and an election to confirm the slate of officers
ratified by the B. LA. members and forwarded to Council for approval. Carded
Unanimousl.v.
[ I FI Illlll I
FD-98-01 - Chief Administrative Officer. Re: Municipal By. law 80.114, Designation
of Private Roadways as Fire Routes; Inclusion of Edscha of Canada, 5795 Don Murie
Street. The report recommends that Council approve the request of Niagara South
Condominium #2 to designate the private roadways as a Fire Route.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimousl_v.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONR
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
actions taken on the following matters by the Community Services Committee, earlier this
evening, be approved:
1. Adoption of the October 20, 1997 Community Services Committee Meeting
Minutes;
2. Community Services Service Delivery Review - that the info/~ation be received;
3. MW-98-17 - Disposal of Fort Erie's Waste at the Mountain Road Landfill - that
Report MW-98-17 be received and filed;
4. That the info/r~ation on the Status of Resolution of Dirty water Issue be received;
5. That the thank you letter received from Niagara Fa/is Lightning Gymnastics Club
for waiving of tipping fees be received;
6. Construction is scheduled to commence mid-May on the Q.E.W./Thorold Stone
Road Bridge replacement - that information be received;
7. That information on the Ministry of the Environment Regulatory Refofi-~) be received;
8. That the information regarding Regional Niagara Information on Road Expenditures
be received.
Carded Unanimously
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, secol~ded by Alderman Fisher, that the
actions taken on the following matters by the Corporate Services Committee, on January
19, 1998, be approved:
1. That the 1998 interim mill rates be approved;
2. That the Region of Niagara be requested to consider a reduction in the speed limit
to 40 km/h, along Montrose Road in front of Greendale Public School;
3. That the current size of the Business Development Advisory Committee be
expanded to 18 members to gain better representation from the private sector;
4. That approval be given to the format of "The Notice to Municipal Taxpayers"; that
staff investigate the cost of home delivery versus newspaper advertising, as well as
the possibility of using community cable segments; that Regional Councillors
representing Niagara Falls be made aware of the City's concerns respecting
Regional Council's authority to make the final policy decision on the replacement of
the lost Business Occupancy Tax revenue;
El l! Iii II11111 I , ,
5. That Mr. Ray Nagy and Mr. Peter Quinlin be appointed to the Niagara Distdct
Airport Commission;
6. Report F-98-08 - 1998 Budget Discussion - That $920,000 be dedicated to the
1998 Sewer Rehabilitation Program; That capital debenture financing be considered
an option in place of contributions from the operating budget; That interest on tax
arrears be increased to 1-1/4% per month; That any funds derived from property
sales be applied to the operating budget.
Carried Unanimously
See By-law No. 98-19
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Corporate Services Committee, earlier this
evening, be approved:
1. Adoption of the Minutes of January 12th and January 19th, 1998 Corporate
Services Meeting;
2. That the grant requests from the YWCA, Project Share and Women's P/ace of
South Niagara be referred to final budget deliberations and that the correspondence
from the Niagara Falls Employment Help Centre be received for information and that
a letter of thanks be sent;
3. That the Municipal Accounts in the amount of $1,626, 388.47 for the period ending
January 26, 1998, be approved and that Cheque No. 235167 for the 1998
Membership Renewal to the Association of Municipalities be held pending further
discussion;
4. That the Notice to Municipal Taxpayers be mailed to all City businesses and
residences, including apartment buildings;
5. That an advance of funding to the Optimist Club be facilitated through the use of the
City's line of credit, with~ the provision that the Optimist Club is responsible for the
cost of financing.
Carded Unanimousl.v.
PD-98-08 - Chief Administrative Officer. Re: Request for Extension to Draft Plan
Approval, Grand-View River,Estates. The report recommends the following:
1. That a Council resolution, .supporting a one-year extension to draft plan approval for
the Grand-View River Estates Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
information purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of AIdefir~an Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimously.
See Resolution No. 03
PD-98-10 - Chief Administrative Officer- Re: Crombie Presentation to Council and
Niagara Parks Commission. The report recommends the following:
1. That Council endorse the three recommendations outlined in the attached mediation
report with respect to: (1) establishing a special planning process for the City's
Central Tourist District; (ii) establishing a Niagara Falls Regeneration Trust; and (iii)
seeking Provincial and Federal support, subject to the staff comments contained
herein;
~1[1 I I Iff IIIIII I
2. That David Crombie, with the assistance of Berridge Lewinberg Greenberg Dark
Gabor Ltd., (BLGDG), be engaged to quarterback the recommended special
planning process and other related matters including the establishment of a
regeneration trust and the abandonment of the railway right-of-way subject to the
preparation of appropriate teirr~s of reference and a cost-sharing agreement with the
Niagara Parks Commission and various stakeholder groups.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimousl_v.
PD-98-11 - Chief Administrative Officer- Re: Public Meeting and Discussion Report,
Expansion of Garner Neighbourhood Resident*iai Boundaries. The report recommends
that this report be received and filed for the infol marion of Council.
- AND -
Communication No. 3~ - Niagara CAER (Cc.nmunity Awareness and Emergency
Response) Group. The communication advise.~ that the Niagara CAER Group approves
the conclusions of the Discussion Report in n~)t recommending the expansion of the
boundaries of the Garner Neighbourhood Secondary Plan.
- AND -
Communication No. 32 - Cytec Canada Inc. Th,=~ communication advises as being totally
opposed to the Warren Woods proposal because of its very close proximity to their
chemical operations and to the Niagara Capital C~)rporation plan because it is south of the
Hydro Corridor.
-AND -
Communication No. 33 - Regional NiagaJ;l, Public Works Department. The
communication discusses separation distance crileria and indicates as supporting the City
in encouraging orderly development in the area v/;th respect to utilizing existing and future
services.
- AND -
Communication No.34 - Brian Sinclair, Q.C. '/'~e communication advises that "Country
Village Heights Limited" is opposed to any furt~;r expansion of the residential areas as
anticipated in the report.
- AND -
Communication No. 35 - GEON Canada Inc. '[he communication expresses opposition
to the proposal for expansion of the Garner Neighbourhood boundaries; and advises that
there is considerable potential negative impact foY industry, the city and for future potential
Garner Neighbourhood homeowners.
- AND -
Communication No. 36 - The Chamber of Commerce Niagara Falls, Canada. The
communication advises that the Planning Department's conclusion that the rezoning is not
needed is valid and urge Council not to approve any of these proposals.
- AND -
Communication No. 37 - Sullivan, Mahoney. The communication provides comments
with respect to future development of their client's lands and the recommendations
contained in the Discussion Report.
His Worship Mayor Thomson declared the Public Meeting open and advised that
the purpose of the meeting was to allow interested parties express their opinions and/or
concems respecting Discussion Report PD-97-110, which had been cimulated to
interested stakeholders. He further advised that this was not a public meeting under the
Planning Act and that any change to the intended industrial land use would require an
Official Plan Amendment and that public meetings would be required, in accordance with
the Planning Act.
III IIII Bi I
Mayor Thomson informed that the discussion report had been circulated to afl
property owners between McLeod Road~nd Chippawa Parkway and between Beechwood
and Montrose Road; in addition, the report had been circulated to the larger stakeholders
in the Secondary Plan area as well as interested developers and consultants all within the
City of Niagara Falls.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in the application.
The Director of Planning and Development outlined the requested expansion
through posted sketches; referred to the three areas of potential applications; discussed
the three development groups interested in converting industrial lands to residential;
advised that a report would be brought back to Council with final recommendations after
consideration of all the comments that had been submitted.
Mr. John Dunn, Niagara CAER Group Co-ordinator, advised that the main
objective of the CAER Group was to improve the safety of the operations of the chemical
plants and provide an outreach to the community; he expressed concerns with respect to
residential development encroaching onto industrial buffer zones and the possibility of a
chemical release in a residential area; he referred to the Major Industrial Accidents Council
of Canada (M/AC) guidelines and the exclusionary zones and stated that the CAER group
was in agreement with the findings of the Planning Department and urged Council to
heed their recommendations.
Mr. George Slaney, Environmental Manager, Cytec Canada Inc. advised that
Cytec was not opposed to the Gamer Neighbourhood Plan, but were opposed to the
expansion of the Secondary Boundaries; advised of the necessity for a buffer zone
between industrial and residential areas; and stated that Cytec was in agreement with the
Planning report with respect to land use and indicated that the encroachment of residential
uses would directly impact on their ability for future expansion.
Mr. Dick Hodge, Upper Canada Consultants on behalf of Mississauga
Foods/Muraca, referred to the needand supply of housing; advised that they were
converting lands from industrial to residential and requested that Council approve the land
use from Light Industrial to Residential.
Mr. Cliff Thompson, Chairman, Chamber of Commerce Industrial Committee,
advised that the Chamber's position was to deny the three proposals; indicated there
was an ample supply of housing with no strong need to convert industrial land to
residential; referred to buffer zones; noise reduction; truck traffic; odours and industrial
incidents. He informed that the Chamber of Commerce supported the Planning
Department's recommendations and urged Council to deny the applications.
Mr. Stu Cowan, Managing Director, Warren Woods, distributed correspondence
to members of Council; advised of withdrawing their rezoning amendment application; and
that the additional property which has been acquired is the main storm water outlet for the
Garner Secondary Plan area; referred to the protection and preservation of the woodlot
and ecological system lying south of Brown Road between Kalar Road and Garner Road;
and advised that they would undertake any compatibility studies necessary for any specific
land use.
In response to concems expressed with respect to the notification process, the
Director of Planning and Development stated that staff had been in full contact with the
developer and his consultant with respect to the notification process.
Mr. Jim Perry, Chief Financial Officer, Geon Canada, reviewed the information
frem the Discussion Report: the Garner Neighbourhood planning area was previously
extended to the Hydro Corridor previding the City with a 26-year supply of residential land;
the existing Garner Neighbourhood accommodates at least 10 years of this timeframe;
Industrial building space represents less than 5% of the City's area and that the Planning
Department had indicated that the City has already lost the opportunity for further light
industrial development due to a lack of developed industrial because the land has not
been available; and advised that there should be a light industrial buffer separation
between residential lands and heavy industrial property.
Mr. Allan Blott, Niagara Capital Corp., suggested Council adopt sta~s
recommendations; advised of being in support of Planning staff's recommendations;
indicated that their proposal was on track and that the land issues with respect to buffers
would be addressed.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the meeting with regard to the Discussion Report, Expansion of Garner
Neighbourhood Residential Boundaries closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimousl. v.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
communications be received and filed. Carried Unanimously.
CD-98-04 - Chief Administrative Officer- Re: Greater Niagara Transit Commission
Citizen Appointments. The report recommends that Council amend By-law 97-255 to
reflect the appropriate two year teirr~, and that Council amend the minutes of the December
15, 1997 Council meeting to reflect the appropriate two year term.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimousl. v.
See By-law No. 9~-20
RESOLUTIONS
NO. 02 - CUMMINGS - FISHER - WHEREAS the City of Niagara Falls has made an
application to the Provincial Water Protection Fund; NOW THEREFORE BE IT
RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby affirms
as follows: that there is an active maintenance program for the sewage system; and that
there is an active reserve account for the sewage system; and that a plan is being
implemented for recovery of the full costs of municipal sewage services from users; and
there are no capital expenditures that can be deferred; and that there are no opportunities
to reduce the cost of debt financing.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl_v
NO. 03 - FEREN- PIETRANGELO. RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to the Grand-View River
Estates Plan of Subdivision, and the Regional Municipality of Niagara be so informed;
conditional on the applicant maintaining the appropriate subdivision sign on the property
for public information purposes;
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously
BY-LAWS
ORDERED on the motion of AIderman Cummings, seconded by Alde~rr~an Pietrangelo, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-16 A by-law to amend By-law 97-255 and to provide for Appointments to certain
Boards, Commissions and Committees (Greater Niagara Transit
Commission)
98-17 A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate private roadways as fire routes along which no parking of vehicles
shall be permitted.
98-18 A by-law to provide monies for Genera/Purposes (January 26, 1998)
98-19 A by-law to provide an interim levy of realty taxes.
98-20 A by-law to provide for Appointments to certain Boards, Commissions and
Committees.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-18 on conflicts of interest previously noted and with all
others voting in favour.
ORDERED on the motion of AIderman Pietrengelo, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
98-16 A by-law to amend By-law 97-255 and to provide for Appointments to certain
Boards, Commissions and Committees (Greater Niagara Transit
Commission)
98-17 A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate private roadways as fire routes along which no parking of vehicles
shall be permitted.
98-18 A by-law to provide monies for General Purposes (January 26, 1998)
98-19 A by-law to provide an interim levy of realty taxes.
98-20 A by-law to provide for Appointments to certain Boards, Commissions and
Committees.
The motion Carded with Aldermen Craitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-18 on conflicts of interest previously noted and with all
others voting in favour.
NEW BUSINESS
Communi~_ of Choice Brochure
Alderman Pat Cummings referred to the introduction of a new Niagara Falls
"Community of Choice" lure brochure, funded through a Federal grant and developed by
the Community Services Department, Business Development. He advised the brochure
would be circulated through the Province and local manufacturers, by way of trade shows.
10-
Old Br~ht's Wine~_ /Vincor Building_
Alderman Janice ViF~ng commented on the Old Bright's Winery, intended for
demolition this year and of efforts to preserve the building; she advised of a joint site
inspection through Niagara Falls LACAC and Niagara Regional LACAC being conducted
on January 27, 1998; discussed the building's historical, local and national significance;
suggested several uses for the building including a wine museum; a gateway to the
Niagara wine route; or the possibility of having the Ontario Wine Council Headquarters
locate to the site.
ORDERED on the motion of Alderman Wing, seconded by AIderman Volpatti, that a report
be brought back to Council with respect to the preservation of the Old Bdght's
WineryA/incor building and of the possibility of having the Ontario Wine Council
Headquarters locate to the site and further, that the Business Development Department
be involved. Carded Unanimously.
ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the
meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
'~."~:'~I/'~GG, ' ......... MA YOR WA YNE THOMSON
THIRD MEETING
REGULAR MEETING
Council Chambers
February 2, 1998
Council met on Monday, February 2, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were present. His
Worship Mayor Thomson offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Campbell, seconded by AIderman Craitor, that the
Minutes of the Council meeting of January 26, 1998 be adopted as printed. Carded
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Report MW-98-18 - (MW-98-07) - Drummond Road at North Street; School Crossing
Guard Study, because they are employed by the School Board.
PRESENTA~ONS
His Worship Mayor Thomson presented tokens of appreciation to Hydro
employees, Dan Andrews; Andy Baril; Jamie Bray; Michael Brinkhoff; Ron
Campaigne; Dave Campbell; Ron Giajnorio; Don Gilbert; Dan Long; Kyle Morocco;
Dan O'Kell; Jeff Palmer; Mike Somerville and Barry Trendle for their assistance in the
relief efforts in the Ottawa/Carlton area during the recent ice storm.
COMMUNICATION$
Communication No. 38 - City of Welland - Re: Bell Canada Enhanced Local Calling
Areas. The communication requests Council support of a resolution requesting Bell
Canada to eliminate all long distance charges between the neighbouring Cities of Welland
and Niagara Falls and include these two cities in the upcoming expanded calling area.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the
matter be deferred for further information. Carded Unanimousl_v.
Communication No. 39 - Regional Niagara, Administration - Re: Application for
Exemption. The communication requests Council support the request for exemption under
the Retail Business Act from A & P Superfresh.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
request be supported. Carded Unanimousl_v.
See Resolution No. 04
[ I II I[llll I
- 2 -
Communication No. 40 - Township of Hagarty & Richards - Re: Resolution. The
communication requests Council support a resolution dealing with requiring
manufacturers to initiate a deposit and refund system for items sold in containers.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the request be supported. Carried Unanimously,
Communication No. 41 - Rainbow Motor Inn - Re: Sign Permit. The communication
requests Council permission to replace a Motel sign, which was badly damaged during a
wind storm, on the comer of Main Street and Murray Street.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the matter be referred to staff. Carded Unanimously.
Communication No. 42 - Downtown Board of Management - Re: 1998 Board of
Management. The communication provides the following information on the New Board
of Management of 1998: Chairman - Tony Barranca; Treasurer - Joe Maiola; Past
Chairman - Paul Julia/;, George Radojcic; Frank Deluca; Joe Mrkalj; Ruth Minninnick; Helen
Rogers; Mary Barranca; and Council representative: Alderman Judy Orr.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the 1998 Downtown Board of Management be ratified. Carded Unanimousl. v.
Communication No. 43- The Royal Canadian Legion, Branch No. 51 -Re: 61st Annual
Pilgrimage of the 40 & 8 American Legion. The communication requests permission for
a motorcade to proceed from the Canadian end of the Rainbow Bridge, River Road to the
Cenotaph on May 16, 1998 for service at 2:00 p.m. then to Clifton Hill; Falls Avenue;
Newman Hill, Q.E. tV.; Stanley Avenue to Valley Way, Branch 51 Clubhouse.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
request be supported subject to established policy. Carded Unanimousl_v.
REPORTS
MW-98-18 - Chairperson, Municipal Parking & Traffic Committee- Re: Municipal
Parking & Traffic Committee Recommendations. January 20, 1998 Meeting. The
report recommends the following:
MW-98-01 - Paddock Trail Drive at Pinellas Park Ddve - Ali-Way Stop Request - that an
all way stop control be installed at the intersection of Pinellas Park Drive at Paddock Trail
Drive;
MW-98-03 - Dorchester Road at Jill Drive - All-Way Stop Request - that an all-way stop
control be installed at the intersection of Dorchester Road and Jill Drive;
MW-98-05- Leonard Avenue at Maitland Street- Intersection Control- that an all-way stop
control be installed at the intersection of Leonard Avenue and Maitland Street;
MW-98-07 - Drummond Road at North Street; School Crossing Guard Study - that 1) a
school crossing guard be provided during the rooming and aftemoon peak periods on
Drummond Road between North Street and Prospect Street; that 2) this report be
forwarded to the Region of Niagara in order that they install the appropriate signs and
marking;
MW-98-09 - Level Avenue - On Street Parking Review - that a permit parking system be
instituted on both sides of Level Avenue between Dixon Street and Dunn Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Mr.
Denis Sunstrum be permitted to address Council. Carded Unanimousl_v.
II] I I III IIIIIII I I ~
- 3 -
Mr. Denis Sunstrum questioned the decision of the Parking & Traffic Committee
regarding an Ali-Way Stop at Dorchester Road at Jill Drive and an Ali-Way Stop at
Paddock Trail Drive at Pine/las Park Drive; expressed concerns with respect to the need
and the cost of stop signs and indicated that stopping traffic causes more noise in the
area.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Campbell, that the report be received and adopted. The motion
Carried with Aldermen Campbell, Janvary and Pietrangelo abstaining from the vote on
Report MW-98-07 on conflicts of interest previously noted and with all others voting in
favour.
MW-98-19 - Chief Administrative Officer. Re: Amendments to Parking and Traffic By-
law 89-2000 and Municipal Parking Lot By-law 96-50. The report recommends that the
by-laws amending Parking & Traffic By-law 89-2000, and Municipal Parking Lot By-Law
No. 96-50, appearing on tonight's Council Agenda be given the necessary readings.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See By-law No. 98-21
See By-law No. 98-22
See By-law No. 9~'-23
See By-law No. 98-24
See By-law No. 9~-26
See By-law No. 98-27
MW-98-20 - Chief Administrative Officer- Re: Purchase of Decorative Streetlight
Poles and Luminaries for Bridge Street Reconstruction. The report recommends the
following:
1. That the decorative street light poles be purchased from Utility Structures Inc. at a
total cost, including taxes of $18,515.00;
2. That the decorative street luminaries be purchased from Guillevin Intemational /nc.
at a total cost, including taxes of $44,977.36.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
MW-98-22 - Chief Administrative Officer- Re: Hiring of Consultant for Water Watch
Program. The report recommends that City Council authorize City staff to retain R. V.
Anderson and Associates at a cost of $30,000. O0 to complete the Water Watch Public
Education Project.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See By-law No. 98-25
R-98-07- Chair, Environmental Planning & Greening Committee. Re: Actions
Stemming from the Environmental Planning and Greening Committee Meeting of
January 21, 1998. The report recommends that Council endorse the actions of the
January 21, 1998 meeting of the Environmental Planning and Greening Committee.
ORDERED on the motion of AIderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alde;r~an Pietrangelo, that
the actions taken on the following matters by the Corporate Services Committee, earlier
this evening, be approved:
1. Adoption of the January 26, 1998 Corporate Services Committee Minutes;
2. 1998 Budget presentations - Recreation Commission; Arts & Culture Commission -
that the 1998 Recreation Commission Budget and the 1998 Arts & Culture
Commission Budget be referred to final budget deliberations;
3. Correspondence from Township of Elizabethtown Requesting Financial Assistance
due to Ice Storm - that the request for financial assistance be received and fTled and
that a letter be sent advising the Township of Council's decision;
4. Midget Girls' Hockey Team - that the request for fTnancial assistance from the
Midget Girls' Hockey Team be referred to the Recreation Commission;
5. That a legal matter be referred to the City's Insurance Company - Alderman
Pietrangelo declared a conflict of interest;
The motion Carried with Alde~rr~an Pietrangelo abstaining from the vote on the legal matter
and with all others voting in favour.
CD-98.03 - Chief Administrative Officer- Re: Reduction and Refunds of Taxes
Section 443 of the Municipal Act; 4755 Valley Way; 5471 Robinson St., 3759 Portage
Rd.; 7439 Green Boughs Rd.; 6776 Crepp St.; 4965 Stanley Ave.; 5663 Main St.; 0000
Royal Manor Dr. SS; 4424 Montrose Rd. (8); 4357 Kalar Rd.; 7361 Pin Oak Dr.; 8100
McLeod Rd.; 10929 Niagara River Pky; 13080 Montrose Rd.; 13080 Montrose Rd.
The report recommends the fo/lowing:
1. That a refund of taxes amounting to $377.91 for the year1994 and $383.78 for the
year 1995 be made to 570876 Ontario Limited T/A Lindsay Press;
2. That a reduction of taxes amounting to $827.14 for the year 1995 and $545.48 for
the year 1996 be made to Carmela & Rose Carrocci c/o D. Morabito;
3. That a reduction of taxes amounting to $230.99 for the year 1996 be made to Mary
Louise Martin T/A Louise's Beauty Shop;
4. That a refund of taxes amounting to $76.82 for the year 1996 be made to Catharine
Butyniec;
5. That a refund of taxes amounting to $92.19 for the year 1996 be made to Gary
Ronald Barker,
6. That a reduction of taxes amounting to $328.91 for the year 1996 be made to
President's Art Corporation;
7. That a reduction of taxes amounting to $775.81 for the year 1996 be made to
Jocelyn Paton T/A Niagara's Souvenir Outlet;
8. That a reduction of taxes amounting to $174.69 for the year 1995 and $2,108.95 for
the year 1996 be made to Emanuele Vommero;
9. That a reduction of taxes amounting to $615.13 for the year 1996 be made to Dave
McMahon's;
10. That a reduction of taxes amounting to $394.37 for the year 1995 and $230.49 for
the year 1996 be made to Niagara Estates Ltd.;
11. That a reduction of taxes amounting to $1,279.42 for the year 1996 be made to
1049543 Ontario Ltd. T/A Minute Man Muffler;
Iii IIII Iai I
- 5-
12. That a refund of taxes amounting to $952.66 for the year 1996 be made to Ma#a
Brunetta Estate c/p Ann Tripod;
13. That a reduction of taxes amounting to $10,210.31 forthe year 1995 and $9,251.59
for the year 1996 be made to Diners Delite Foods (1990) Limited c/o Food Roll
Sales;
14. That a refund of taxes amounting to $333.93 for the year 1994 and $339.61 for the
year 1995 be made to Jacob & Ed Vandenberg;
15. That a reduction of taxes amounting to $666.38 for the year 1994 and $677.77 for
the year 1995 be made to Wendy Barber's Meat Shop;
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimousl_v.
CD-98-05 - Chief Administrative Officer- Re: Special Occasion Permit; Tuscarora
Thunder Hawks Sr. B. Lacrosse. The report recommends that Council indicate it has no
objection to the issuance of a Special Occasion Permit to the organization listed in this
report.
ORDERED on the motion of Alderman Janvary, seconded by AIderman Feren, that the
report be received and adopted. Carried Unanimousl_v.
CD-98-06 - Chief Administrative Officer- Re: Revised schedule of Fees; Licencing
By-law 76-102. The report recommends that Council pass the By-law appearing on this
evening's agenda to amend Schedule 1 to By-law 76-102, as it relates to the charging of
fees for licences.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimousl_v.
L-98-03. Chief Administrative Officer- Re: Authorization to Proceed with the
Closing of part of a Laneway to the Rear of 5609 Ellen Avenue. The report
recommends that Council authorize staff to proceed with the closing of that part of a
laneway lying to the rear of 5609 Ellen Avenue.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimousl. v.
L-98.05 - Chief Administrative Officer. Re: Release and Abandonment of Easement;
7662 Jubilee Drive. The report recommends that Council authorize the Release and
Abandonment of the City's easement over 7662 Jubilee Drive as set out in Instrument No.
L.T. 15547.
ORDERED on the motion of Alderman Cummings, seconded by AIde~,an Pietrengelo, that
the report be received and adopted. Ca~ed Unanimousl_v.
L-98-06 - Chief Administrative Officer- Re: Sign Application; 5785 Ferry Street; Park
Plaza Hotel. The report recommends that Council approve the application for a wall sign,
having a combined area of 225 square feet for the Park Plaza Hotel on the east elevation
of the building at 5785 Ferry Street.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 04 - CUMMINGS - VOLPA TTI - WHEREAS the City of Niagara Falls is a major
tourist area and is designated as such; THEREFORE BE IT RESOLVED that the Council
of the Corporation of the City of Niagara Falls hereby supports the application of A & P
Superfresh for exemption.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl_v.
NO. 05 - WING - JANVARY- WHEREAS the Council of the City of Niagara Falls
recognizes the significant contributions and dedications of Miss Ruth Redmond in
preserving the lands associated with the Lundy's Lane Battlefield, and in her donation of
these lands to the City of Niagara Falls and all people of Ontario and Canada. NOW
THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls hereby
nominates Miss Ruth Redmond for The Order of Ontario.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl_v.
RA TIFICA TION OF THE COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
actions taken on the following matter by Committee of the Whole, on January 26, 1998, be
approved:
That Council ratify the 1997-1998 Amended Collective Agreement between the Corporation
of the City of Niagara Falls and the Niagara Falls Professional Fire Fighters Association.
The motion Carried with Alderman Michalczyk abstaining from the vote on a conflict of
interest because he is a volunteer firefighter and with all others voting in favour.
See By-law NO. 98-28.
BY-LAWS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Through Highways, Designated Lanes, pedestrian
Crossings, Prohibited Tums, Yield Signs).
98-22 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic oN City roads (Parking, Stopping Standing).
98-23 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Meters).
98-24 A by-law to amend By-law No. 96-50, being a by-law to provide for
establishing parking lots in the City of Niagara Falls, and for regulating,
supervising .and governing the parking of vehicles in various municipal
parking facilities theron and charging a fee for such parking.
98-25 A by-law to authorize the execution of an agreement with R. V. Anderson
Associates Limited to complete the Water Watch Public Education Project.
98-26 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
98-27 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Through Highways)
98-28 A by-law to authorize the execution of the 1997-1998 Amended Collective
Agreement between The Corporation of the City of Niagara Falls and the
Niagara Falls Professional Fire Fighters Association.
The motion Carded with Alde~an Michalczyk abstaining from the vote on By-law No. 98-
28 on a conflict of interest and with all others voting in favour.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
98-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Through Highways, Designated Lanes, pedestrian
Crossings, Prohibited Tums, Yield Signs).
98-22 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads (Parking, Stopping Standing).
98-23 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Meters).
98-24 A by-law to amend By-law No. 98-50, being a by-law to provide for
establishing parking lots in the City of Niagara Falls, and for regulating,
supervising and goveming the parking of vehicles in various municipal
parking facilities theron and charging a fee for such parking.
98-25 A by-law to authorize the execution of an agreement with R.V. Anderson
Associates Limited to complete the Water Watch Public Education Project.
98-26 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
98-27 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Through Highways)
98.28 A by-law to authorize the execution of the 1997-1998 Amended Collective
Agreement between The Corporation of the City of Niagara Falls and the
Niagara Falls Professional Fire Fighters Association.
The motion Carded with Alderman Michalczyk abstaining from the vote on By-law No. 98-
28 on a conflict of interest and with all others voting in favour.~
NEW BUSINESS , ~
Additions or Deletions of By-laws
Alde~an Pat Cummings requested that any additions or deletions of by-laws to be
considered by Council should be presented by the City Clerk prfor to First Readings of the
By-laws..
Order of Ontario
Alderman Janice Wing referred to the significant contributions of Miss Ruth
Redmond in preserving the lands associated with the Lundy's Lane Battlefield and of her
donation of these lands to the City of Niagara Falls and she further suggested that Miss
Redmond be nominated for the Order of Ontario.
ORDERED on the motion of Alderman Wing, seconded by Alderman Janvary, that Council
supports the nomination of Ruth Redmond for the Order of Ontario award in recognition
of her efforts to preserve the lands associated with the Lundy's Lane Battlefield and of her
donation of these lands to the City of Niagara Falls. Carded Unanimousl_v.
See Resolution No. 05
The Golden Horseshoe Social Action Committee
Alderman Pat Cummings referred to correspondence received from the Go/den
Horseshoe Social Action Committee supporting Council's position on Provincial
downloading, and expressing concerns with respect to the comments of Mr. Glenn Gandy.
Itemized Budo_ et Material
Alderman Judy Orr requested that an itemized copy of departmental budget
preparation material be provided to members of Council, if so requested.
Fo/lowing some discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Volpatti, that an itemized copy of departmental budget preparation
material be provided to any member of Council that requests it. Carried Unanimously.
Letter of Cono_ratulations
Mayor Thomson informed that Linda Hankin, a fo,ner City employee, was
presenting an art showing of her paintings from February 18 to March 30, 1998 in Port
Colbome.
ORDERED on the motion of AIderman Janvary, seconded by Alderman Feren , that a letter
of congratulations be forwarded to Linda Hankin for her success. Carried Unanimously.
Railway Relocation
His Worship Mayor Thomson referred to discussions held in Montreal with the Chief
Administrative Officer, the Director of Community Services and Railway Executives.; and
the Chief Administrative Officer provided an update on the very productive meetings with
respect to the railway relocations via CN Bridge through Fort Erie and that further
negotiations will be held on the matter.
Ci~_ Em_nloyees Social
Alderman Paisley Janvary referred to the City Employees Social Night being held
on February 20, 1998 and encouraged Council members to attend.
COGECO
Alderman Victor Pietrangelo extended a thank you to COGEGO for reinstating
"LIVE" coverage of the City Council meetings and for providing this community service.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the meeting be adjourned. Carried Unanimously.
r ! ~ illllll i
READ AND ADOPTED,
FOURTH MEETING
PLANNING MEETING
Council Chambers
February 9, 1998
Council met on Monday, February 9, 1998 at 7:00 p.m. for the purpose of
considering Planning and Regular Business matters. All members of Council, were
present. Alderman Klm Craitor offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-98-11,
Cheque Nos. 235585; 235381; 235463 and 235534 because members of their family are
employed by the Region.
Alderman Craitor indicated a pecuniary interest on the matter dealing with the
Annual 1997 Statement of Affairs for the Greater Niagara Transit Commission, because
a member of his family is employed by the Auditors.
Aldefy-~an Cummings indicated a pecuniary interest on Report F-98-11, Cheque
Nos. 235595; 235457 and 235600 because Acres is involved.
Alderman Michalczyk indicated a pecuniary interest on Report F-98-11, Cheque No.
235489, because he is a volunteer firefightec indicated a pecuniary interest on Report Nos.
PD-98-16 and PD-98-12 because he is involved in a legal action.
Alde,,an Pietrangelo indicated a pecuniary interest on Report PD-98-09, because
a member of his family resides in the area.
Alde~,an Volpatti indicated pecuniary interests on Report PD-98-13 and on By-law
Nos. 98-34 and 98-35, because her husband is a member of the organization; and
indicated a pecuniary interest on Report PD-98-15, because members of her family are
employed by Vincor.
Alderman Wing indicated a pecuniary interest on Report F-98-11, Cheque
No.235371 because she has a business relationship.
DEPUTATIONS
Reu_ ional Munic[naliW_ of Nia~_ ara
His Worship Mayor Thomson welcomed and introduced, Debbie Zimmerman,
Regional Municipality of Niagara Chair to Council. Ms. Zimmerman referred to the
challenges to municipalities by the downloading of Provincial services and indicated those
services were not "revenue neutral; she suggested of a possible exchange of services
between the Region and municipalities, such as Changes to the Official Plan; expressed
concerns with respect to critical by-pass trips, due to hospital cutbacks, resulting in the
redirection of patients to hospitals that are further away. She discussed the need for
discussion and dialogue with Members of Provincial Parliament regarding the effects of
Provincial cutbacks and thanked members for the opportunity to address Council.
His Worship Mayor Thomson thanked Ms. Zimmerf~an for her attendance and
presentation.
Greater Nia~_ara Transit Commission
Mr. Bart Maves, Chairman, Niagara Transit introduced the Greater Niagara
Transit Commission members to Council and presented the Annual 1997 Statement of
Affairs for the Greater Niagara Transit Commission and Niagara Chair-A-Van.
Mr. Maves advised that Niagara Falls had been chosen as the site for the Annual
Pennsylvania Bus Association Conference to be held in June, 1999.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the
Annual 1997 Statement of Affairs for the Greater Niagara Transit Commission and Niagara
Chair-A-Van. The motion Carded with Alderman Craitor abstaining from the vote on a
conflict of interest previously noted and with all others voting in favour.
PLANNING MA TTERS
PD-98-09 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-1/97, Lyon's Parkway. The report recommends the following:
1. That Council approve the Zoning By-law Amendment to zone the majority of the
subject lands to RlC, with special provisions and to zone the floodplain portion as
Hazard Land with special provisions;
2. That Council consider a second means of access to Lyon's Pad<way at such a time
as the Chippawa West Phase II subdivision develops.
. AND -
Communication No. 44. Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the application and providing
comments with respect to the application.
Communication No. 45 - The Regional Municipality of Niagara, Servicing Review and
Approvals. The communication advises as having no objections to the rezoning by-law
amendment.
Communication No. 46 - Mr. Greg Chisholm, 4855 Lyons Creek Parkway. The
communication discusses the 20-meter rear yard set back; expresses concerns with
respect to the location map included in the public meeting notice and the issue of signage.
Communication No. 47- Ministry of Natural Resources. The communication comments
on the proposal and advises as not being in support of the reduction in the proposed 20-
meter buffer.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on January 16, 1998.
Iii Illllll I [
His Worship Mayor Thomson advised that the City of Niagara Falls was the
applicant and received a positive response to his request fora show of hands by persons
present who were interested in the application. He requested that all persons wishing to
receive further notice of the passage of the by-law submit their names and addresses to
the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agentj in support of the application and a positive
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; advised this was a City-initiated zoning by-law amendment;
discussed the Proposed Zoning; Background; Surrounding Land Uses; Planning Review
and the Public Noti§cation Process.
Il/Ir. Arthur Varty, 4540 Lyen's Creek I~oa¢l, expressed concems with respect to
the proposed 50-foot lots; traffic concems and road access to the properties.
The Director of Municipal Works responded that the new development is subject to
the subdivision agreements and that Mr. Varty's concems would be addressed through the
subdivision process.
It was noted that the new development would have to come before Council and the
issues of drainage would be dealt with and this would not have an adverse effect on the
existing development along Lyons' Creek.
During the discussion, it was suggested that a meeting be scheduled with Regional
and Municipal staff, to meet with Mr. Varty, at the site, to provide clari§cation and assisting
Mr. Varty with his concerns.
· /r. Gre,~ Chisolm advised that he was in favour of the proposal; he referred to
Lots A, B. and C which were within the 120-metre boundary and advised that he would like
the lots to be developed; but expressed concerns that the Environmental Impact Study
recommended the lots not be developed because of the woodlots
The Director of Planning and Development responded to concems expressed and
advised that the City was working with the developerto preserve the entire 25 acre woodlot
and that staffs recommendations retlected the recommendations of the Environmental
Impact Study which suggested the lots be left undivided. He suggested that a separate
report be prepared with regard to Lots A, B, and C identified through the Gartner Lee
Impact Study and as brought forward by Mr. Chisolm.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-01-97 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that
the report be received and adopted and further, that staff prepare a report with regard to
Lots A, B, and C identi§ed through the Gartner Lee Impact Study and as brought forward
by Mr. Chisolm. Carried Unanimousl_v.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
correspondence be received and filed. Carded Unanimo{~ly.
See By-law No. 98-31
His Worship Mayor Thomson recognized and thanked Mr. Jeff Dennington, who was
instrumental in assisting the City and the residents in this matter.
PD-98-13 - Chief Administrative Officer - Re: Off'~cial Plan & Zoning By-law
Amendment Application; AM-f3/97, East side of Kalar Road; Club Italia; Proposed
Youth Centre and/or Sen/ors' Housing. The report recommends the following:
1. That Council approve Club Italia's application to amend the City's OftTcial Plan and
Zoning by-law to permit the lands to be used for outdoor recreation purposes and/or
the construction of a youth centre for sports and recreational uses and/or not more
than 25 dwelling units for seniors;
2. That Council adopt the related amendment to the City's official plan and pass the
zoning by-law amendment appearing in Council's agenda;
3. That the proposed expansion be made subject to Site Plan Control to ensure that
it occurs in a sensitive and comprehensive manner.
- AND -
Communication No. 48. Regional Niagara, Planning and Development Department.
The communication advises that both amendments reflect the Regional Policy Plan
Amendment and that a more detailed report will be presented when documents have been
received.
Communication No. 49 - Regional Niagara, Servicing Review and Approvals. The
communication advises as having no objections to the amendment and provides comments
on the servicing of the property.
Communication No. 50 - Mr. Brian Sinclair, Q.C. Barrister and Solicitor. The
communication advises as being in support of the application.
Communication No. 51 - Ms. Jean Grandoni. The communication indicates opposition
to the application and expresses concerns respecting the capacity of the Kalar Road
Pumping Station and suggests the use of composting systems.
Communication No. 52 - Ministry of the Environment, West Central Region. The
communication advises that any future phases of the Club Italia project, should not
proceed, until a comprehensive servicing study has been completed, to determine
servicing requirements.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on January 16, 1998 and January 17, 1998.
His Worship Mayor Thomson received indication that the applicant, Mr. F. Pingue
and Mr. Fred Paul, Hynde and Paul Planning Consultants, were in attendance and
received a positive response to his request for a show of hands by persons present who
were interested in the application. He requested that all persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
El [ i I?l Illllll I
- 5 -
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; and reviewed the Background; Proposed Amendments;
Planning Review and Public Notification Process He further advised that the proposal
conforms to the Regional Official Plan and that the matter of site plan control would be
looked at a future date.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. F. Pingue, Chai..an of the Villa Italia Project, referred to the application and
expressed the need for a youth centre and Villa Italia, a residential complex for seniors.
The Director of Municipal Works responded to comments made in a letter of
opposition submitted by Ms. Jean Grandoni, suggesting that the pumping system was done
illegally and of the inadequacy of the Kalar Road Pumping Station. He commented that
the Region had upgraded the Kalar Road Pumping Station last year and had significantly
increased the capacity of the Pumping station; and that there should be no impact on the
area with regards to the additional waste.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-13-97 closed.
ORDERED on the motion of AIderr~an Cummings, seconded by Alderrr~an Pietrangelo,
that the report be received and adopted. The motion Carded with Alderman Volpatti
abstaining from the vote on a conflict of interest previously noted and Alderman Wing
voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo , that
the correspondence be received and filed. Carded Unanimousl_v.
See By-law No. 98-34
See By-law No. 98-35
PD-98. f9- Chief Administrative Officer- Re: Zoning by. law Amendment Application;
AM-32/97, 876891 Ontario Limited c/o Vincent DiCosimo; 6361 Buchanan avenue &
6354 Stanley Avenue & Adjoining Ontario Hydro Lands. The report recommends the
following:
1. That Council defer making a decision on the DiCosimo application to enable the
City's Tourist Area Development Strategy Study to be completed without prejudice;
2. That Council direct the City's consultants to commence the second phase o the
Strategy Study which involves drafting land use policies and building regulations for
the City's Central Tourism District;
3. That the applicant be encouraged to continue to meet with David Crombie and the
City's consultants to refine his proposal in keeping with the Special Planning
Process to be established for the City's Central Tourism District;
4. That the application be targeted for further consideration by Council for March 9,
1998 in conjunction with the draft land use policies and building regulations.
-AND -
Communication No. 53 - Mr. David Crombie. The communication requests that Council
defer Mr. DiCosimo's application until its next meeting on March 12, 1998.
- 6 -
Communication No. 54 - Berridge Lewinberg Greenberg Dark Gabor. The
communication requests that the application, as it currently stands, not be approved by City
Council, based on the conclusions in the communication.
Communication No. 55. The Niagara Parks Commission. The communication advises
as supporting the recommendation of the City of Niagara Falls.
Communication No. 56 - Skylon Tower. The communication requests that the
application be deferred until the Consultant's report has been completed.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given on
January, 1998 in accordance with Regulations.
His Worship Mayor Thomson received indication that Mr. Brode#ck, Solicitor, was
in attendance on behalf of the applicant and received a positive response to his request
for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk pdor to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; advised that the report focused on "process" rather than
examination of the merits of the application; referred to the two study initiatives embarked
on by Council and provided an overview of the process leading to the present
circumstances.
During the discussion, the Director of Planning and Development provided
clarification with respect to building heights; advised that the application did not offend the
guidelines that were previously proposed by the Niagara Parks Commission; and further
advised that all public and private stakeholders had been requested to participate in the
specific planning process
Mr. Victor Muratori, on behalf of the Ramada Renaissance Hotel, expressed
concerns respecting the issue of "process"; advised that an application would be
forthcoming with respect to an expansion of his client's lands. Mr. Muratori was of the
view that if Council proposed to apply the rules under the existing interim hotel study
guidelines and the Tourism Master Plan, then the same rules should apply to all
applications and they should be dealt with the same way.
Mr. David Carter, on behalf of Mr, David Crombie, the Waterfront Regeneration
Trust, referred to the process as it pertained to the application; the establishment of a
special planning process for the Tourist Area; the establishment of a Niagara Falls
Regeneration Fund; and of seeking Provincial and Federal investment in the fund and
participation in the special planning process; he referred to further discussions with Mr.
DiCosimo, City Planners and Consultants with regard to the new guidelines and he
requested that Council defer the matter until March 9, 1998.
III Illl Ill I
The following issues were discussed: highrise development zones; the impact on
the environment and public amenities.
Mr. Richard Baker, Architect provided an overview of the proposal; discussed
landscaping; defined crosswalks; distributed renderings of the proposed Lobby area to
Council members; referred to the massing of the building, site lines and a shadow study;
and referred to the proposed development as a "state of the art" facility.
Mr. John Broderick, Solicitor, advised that the proposed development would
provide commemial activity; stimulation of jobs; increased employment and a tax benefit
to the City.
During the discussion, it was requested whether the applicant would be agreeable
to contributing toward the sewer system and landscaping. Mr, Broderick responded that
his client would be agreeable and prepared to contribute toward the sewer system and
landscaping.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-32-97 closed.
ORDERED on the motion of AIderman Puttick, seconded by Aldem-~an Feren, to approve
the application to pe~rr~it the construction of a 36-storey addition, subject to site plan
process. The motion Canfed with Alderman Volpatti, abstaining from the vote on a conflict
of interest, because the Company of which she is a Director, has a business relationship
with the applicant; and Alderman Wing voting contrary to the motion and with all others
voting in favour.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk , that
the correspondence be received and flied. Carried Unanimousl_v.
PD-98-16 - Chief Administrative Officer. Re: Application for Removal of part Lot
Control; Greendale Street (South side). Lot 4, Registered Plan 148; River Realty
Development (1976) Inc. The report recommends the following:
1. That the application be approved subject to the conditions in the attached Appendix;
2. That Council pass the appropriate by-law to designate Lot 4, registered Plan 148,
as exempt from Part Lot Control, when all conditions have been satisfied;
3. That the developer be required to notify the City when the separate deeds have
been registered in order for the by-law to be repealed.
- AND -
Communication No. 57 - Ms. Hedvig Nagy. The communication advises as having no
objection to the application and requests that consideration be given by the developer to
erect a fence between the properties.
His Worship Mayor Thomson advised this was a non-mandated public meeting to
allow interested persons to express their opinions and/or concems with respect to the
subdivision of Greendale Street, south side, by way of removal of part lot control.
His Worship Mayor Thomson received indication that Mr. John Mestek, Property
Manager, River Realty,, was in attendance on behalf of the applicant and received a
positive response to his request for a show of hands by persons present who were
interested in the application.
L-98-09 - Chief Administrative Officer- Re: Adult Entertainment Parlour Licencing
By-law. The report recommends that Council pass the attached draft By-law, to amend
the Adult Entertainment parlour Licensing By-law to provide for limits on the number of
licenses granted, to allow for the enforcement of the restriction on entry of persons under
the age of eighteen (18) years against those persons found in adult entertainment parlours
and to repeal a predecessor by-law.
Mr. David A. Crowe, Solicitor was in attendance on behalf of his clients, the
Concord Hotel and Sam's Montrose Hotel, and expressed concerns with respect to the
posting of signs enforcing the restriction on entry of persons under the age of eighteen
(18) years and requested that the restrictions be changed to persons of nineteen (19)
years of age.
Mr. Crowe advised that his client, Mr. Jovo Bielich wished to bring an application
before Council to amend the licencing by-law to include his property as part of those
defined areas in o~ler to apply for an adult entertainment licence. He also expressed
concerns with respect to the reduction of adult entertainment parlours in the event that any
of the licences ceased to exist; referred to the licence as "not being portable" if the
establishment was,moved, that the licence could not be moved and requested that the
matter be deferred for two weeks in order that he could bring the by-law concerns to his
clients.
The City Solicitor responded that the by-law proposed that as a licence ceased, the
number of would be decreased to two (2) adult entertainment parlours and advised that
Council could arrrend the by-law at any time.
ORDERED on the motion of Aldem~an Puttick, seconded by Alde;r~)an Pietrangelo, that
the matter be deferred for two weeks. The motion Carded with Aldermen Cummings,
Fisher, Feren, Pietrangelo, Puttick and Michalczyk voting in favour of the motion and with
all others voting in opposition.
PD-98-12 - Chief; Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Muller Industrial Park; 26T-90003, Owner: H. Muller et al. The report
recommends the following:
1. That a Council resolution supporting a one-year extension to draft plan approval for
the Muller~.lndustrlal Park Plan of Subdivision be adopted, conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
information purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received~and adopted. The motion Carde~! with Alderman Michalczyk abstaining
from the vote on a conflict of interest and with all others voting in favour.
See Resolution No. 0~.
PD-98-14 - Chief Administrative Officer- Re: Regional Policy Plan Amendment No.
113, 727604 Ontario Limited. The report recommends that Council support the adoption
of Regional Official plan Amendment No. 113 which would change the land use
designation applying to the subject lands from Good General Agriculture to Rural.subject
to the following: 1) That the City's deferred Official Plan policies be approved by the region
for the general area; or 2) that the City's deferred Official Plan policies be applied site
specifically to this ..~te through a modification to OPA No. 113.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously,
10-
PD.98-15 - Chief Administrative Officer. Re: Conservation and Re-Use of Vincor
(Bright's) Vlfinery Building; Dorchester Road. The report recommends the following:
1. That representatives from City Council, LACAC, Zehr's (Lob/aw Properties
Ltd./Wittington Properties) and Vincor Intemational Ltd. be invited to a joint meeting
to explore opportunities to preserve the winery building;
2. That the City not require the demolition of the winery building fronting onto
Dorchester Road for an extended time period to allow this examination to occur.
ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Alderman Volpatti, abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
PD-98-17 - Chief Administrative Officer- Re: Matters arising from LACAC Meeting,
January 29, 1998. The report recommends that the action of LACAC be endorsed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimousl_v.
- AND -
Proclamation of Mayor Thomson and Members of Council, proclaiming February 16-
February 22, 1998 as Heritage Week; and a Schedule of Events honouring Heritage
Week.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
correspondence be received and filed. Carried Unanimousl_v.
REGULAR COUNCIL MEETING
ORDERED on the motion of AIde;~nan Pietrangelo, seconded by Alderman Cummings, that
the Minutes of the Regular Council Meeting of February 2, 1998 be adopted as printed.
Carried Unanimousl_v.
UNFINISHED BUSINESS
CD-98-07- Chief Administrative Officer- Welland Resolution, Befl Canada Enhanced
Local Calling Areas. The report recommends that this report be received for the
information of Council.
ORDERED on the motion of alde..an Pietrangelo, seconded by Alderman Feren, that the
report be received and filed. Carded Unanimousl_v.
COMMUNICATIONS
Communication No. 58 - Maimer Holdings - Re: Future development. The
communication provides information on a proposed future development at the comer of
Stanley & Ferry StreeL
ORDERED on the motion of Alderman Fisher, seconded by Alden,s;an Pietrangelo, that the
correspondence be received and fi/ed and further that the Consultant be requested to
contact Mr. Merani to discuss the proposal. Carded Unanimousl_v.
Communication No. 59 - Notice of Default of Candidate Karen Stearne. The
communication is a Notice of Default advising of having failed to file documents with the
Municipal Clerk as required by Section 78 of the Municipal Elections Act, 1996 on or before
the relevant date.
ORDERED on the motion of AIderman Cummings, seconded by Alde/~an Fisher, that the
communication be received and filed. Carded Unanimous/v.
El [ ; Ill Ilillll I
11
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Corporate Services Committee, earlier this
evening, be approved:
1. Adoption of Minutes of the February 2, 1998 Corporate Services Committee
meeting;
2. That the 1998 budget presentations from the Niagara Falls Humane Society, the
Niagara Falls Public Library, the Board of Museums, the Visitor & Convention
Bureau and Niagara Transit be referred to final budget deliberations;
3. F-98-11 - Municipal Accounts - that the Municipal Accounts totalling $2,524,795.51
for the period ending February 9, 1998 be approved;
4. F-98-12 - Tax Balances at December 31, 1997 - that the report be received for
infoi~-~ation;
5. F-98-13 - Cellular Phones - that the City enter into an agreement with Bell Mobility
for cellular phone services for a three-year period commencing March 1, 1998;
6. Lions Club International - that 2,000 City pins be donated to the Lions Club
International for their annual convention to be held in Niagara Falls, in June 1998;
7. Request for Free Ice Time - that two hours of free ice time be granted to Mr. Robert
Tanos for the purpose of a video presentation being produced in association with
COGECO Cable T. V. and the YMCA;
8. That the City provide free use of floodng for the chadty fundraiser for the St.
Catharines General Hospital Breast Screening Centre;
9. F-98-08, 1998 Budget - that the report be brought back to Committee for further
discussion.
Carded
See By-law No. 98-40
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIde~an Pietrangelo, seconded by Aide,man Orr, that the
actions taken on the following matters by the Community Services Committee, earlier this
evening, be approved:
1. Changes to Job Titles - that several job titles be changed to better reflect recent
organizational restructuring including: Adele Kon, Director of parks, Recreation &
Culture; Serge Felicetti, Director of Business Development; John MacDonald,
Executive Director of Community Services; Tony Ravenda, Executive Director of
Corporate Services.
2. Adoption of the Minutes of the January 26, 1998 Community Services Committee
meeting;
3. MW-98-21 - Public Information Session for Bridge Street Streetscaping - that
infoi~-~ation be received regarding the Public Infof~ation Session held on January
14, 1998 for the Bridge Street Streetscaping Project;
12 -
4. MW-98-23 - Agreement between Cloverleaf Motel Niagara Ltd. and the City of
Niagara Falls - that the agreement between Cloverleaf Motel Niagara Ltd. and the
City of Niagara Falls, Instrument ft367763, be dispensed with.
5. MW-98-24 - City Initiation of Local Improvements on Lyons Pad<way - that the City
of Niagara Falls initiate a Local Improvement by-law under Section 12 of the Local
Improvement Act for Lyons Parkway from Lyons Creek Road to the south westerly
limit of the road allowance;
6. MW-gS-25 - Cathodic Protection for Existing Watermains - Consulting Sen/ices
Agreement - that the Firm of Corrosion Sen/ice Company Limited be retained to
carry out the design for cathodic protection for existing watermains;
7. Alderman Parking Passes - that a maximum of two parking permits be issued to
each Alder~an;
8. Cost of Ali-Way Stops - that staff (Karl Dren) be requested to attend the next
Community Services Committee meeting to provide additional information on all-way
stops,
Carded See By-law No. 98-33
See By-law No. 98-36
R.98-08 - Chair, Civic Committee. Actions Stemming from Civic Committee Meeting
held January 28, 1998. The report recommends that Council endorse the actions of the
Civic Committee meeting held January 28, 1998.
ORDERED on the motion of AIdem~an Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
CD-98-OS - Chief Administrative Officer- Licencing of Body Rub Parlours. The report
recommends that Council endorse the process of accepting applications and selecting the
recipients of the two (2) Body Rub parlour Owners Licences as outlined in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
L-98-04 - Chief Administrative Officer- Re: Sign Application; Gould Outdoor
Advertising; Mewburn Road. The report recommends that Council approve the
application for a single face billboard sign, having an area of 2,400 square feet (30' x 80')
and a height of 25 feet, submitted by Gould Outdoor Advertising, which sign is to be
erected at the entrance to the landfill site on the east of Mewbum Road at the intersection
of Mountain Road and to be erected on Regional property.
The City Solicitor advised that the recommendation as to the height of the billboard
should be amended to read 40 feet and not 25 feet as indicated in the report.
ORDERED on the motion of Aldem-~an Fisher, seconded by Alderman Feren, that the
report be received and adopted as amended. Carded Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98-29 A by-law to amend By-law No. 96-113, being a by-law to provide for persons
authorized to sign cheques and all relative documents.
Iii IIII I~1 I
-13-
98-30 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
98-31 A by-law to amend By-law No. 395, 1966, as amended, of the fof~)er
Township of Willoughby, now in the City of Niagara Falls and By-law No. 79-
200, as amended.
98-32 A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuing of licences.
98.33 A by-law to authorize a release of an Agreement with Clover Leaf Motel
(Niagara) Limited registered in 1981 as Instrument No. 367763 (Report MW-
98-23)
98-34 A by-law to amend By-law No. 79-200, as amended (Club Italia, AM-13/97)
98-35 A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas. (Club Italia, AM-13/97)
98-36 A by-law to authorize the execution of an agreement with Corrosion Service
Company Limited to carry out the design for cathodic protection for existing
watermains.
98-37 A by-law to amend by-law No. 79-200, as amended. (Joe Melo, 8158 Lundy's
Lane, AM-28/97)
98-38 A by-law to temporarily close Oakes drive between Dunn Street and
Livingstone Street between 8:00 a.m. to 9:00 p.m.
98-39 A by-law to amend by-law No. 79-200, as amended. (4838 Dorchester Road,
River Realty Development (1976) Inc.; AM-34/97)
98-40 A by-law to authorize monies for General Purposes (February 9, 1998).
The motion Carried with Alderman t/tfing voting contrary to the motion on By-law Nos. 98-
34 and 98-35; and Alderman Volpatti, abstaining from the vote on by-law Nos. 98-34 and
98-35 on a conflict of interest previously noted; and Aldem,en Cummings, Craitor,
Michalczyk, Volpatti and Wing abstaining from the vote on By-law No. 98-40 on conflicts
of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
98-29 A by-law to amend By-law No. 96-113, being a by-law to provide for persons
authorized to sign cheques and all relative documents.
98-30 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
98-31 A by-law to amend By-law No. 395, 1966, as amended, of the fora,er
Township of Willoughby, now in the City of Niagara Falls and By-law No. 79-
200, as amended.
98-32 A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuing of licences.
98.33 A by-law to authorize a release of an Agreement with Clover Leaf Motel
(Niagara) Limited registered in 1981 as Instrument No. 367763 (Report MW-
98-23)
- 14-
98-34 A by-law to amend By-law No. 79-200, as amended (Club Italia, AM-13/97)
98-35 A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas. (Club Italia, AM-13/97)
98-36 A by-law to autho#Ze the execution of an agreement with Corrosion Service
Company Limited to carry out the design for cathodic protection for existing
watem~ains.
98-37 A by-law to amend by-law No. 79-200, as amended.(Joe Melo, 8158 Lundy's
Lane, AM-28/97)
98-38 A by-law to temporarily close Oakes drive between Dunn Street and
Livingstone Street between 8:00 a.m. to 9:00 p.m.
98-39 A by-law to amend by-law No. 79-200, as amended. (4838 Dorchester Road,
River Realty Development (1976) Inc.; AM-34/97)
98-40 A by-law to authorize monies for General Purposes (February 9, 1998).
The motion Carded with Alderman Wing voting contrary to the motion on By-law Nos. 98-
34 and 98-35; and AIdetrr~an Volpatti, abstaining from the vote on by-law Nos. 98-34 and
98-35 on a conflict of interest previously noted; and Aldermen Cummings, Craitor,
Michalczyk, Volpaffi and Wing abstaining from the vote on By-law No. 98-40 on conflicts
of interest previously noted and with all others voting in favour.
NEW BUSINESS
Bic_vcle Racks
Alderman Judy Orr requested that consideration be given to providing/securing
bicycle racks to City employees wishing to ride their bicycles to work. She was advised by
the Director of Municipal Works that the matter would be looked into.
Niau_ara Falls L~htin~_ - G_vmnastics Team
Alderman Ken Feren referred to his attendance at the 3rd Annual Invitational
International Gymnastic Meet that had been held on February 6, 7 and 8, 1998 and
requested that a letter of appreciation be forwarded to Niagara Falls Lighting Meet
Directors, Marcia Kelly and Linda Galotta, for all their endeavours.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that a letter of
appreciation be forwarded to Niagara Falls Lighting Meet Directors, Marcia Kelly and Linda
Galotta for all their endeavours. Carded Unanimously.
Niau_ara Falls Humane Socie~_
Alderman Paisley Janvary advised that the Niagara Falls Humane Society would be
holding a fundraiser from February 19-21, 1998 where residents could have a picture
taken of their pet for $20. O0 with the proceeds going to the N.F. Humane Society.
III mull
15 -
Boys and Girls Triathlon Day
Alderman Victor Pietrangelo referred to the Boys and Girls Club Trlathlon being
held on February 14, 1998 and requested pledges for the event.
Letter of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
a letter of condolence be forwarded to the family of the late Henry Haigh, a former member
of the Stamford Centre Volunteer Firemen's Association for which he received the
Govemor General' Service Award in 1992. Carried Unanimousl_v.
Niagara Falls Armour_
Alderman Janice Wing referred to the closure of the Niagara Falls Armoury and
requested that a letter be forwarded to the Department of National Defence and to the
Minister responsible requesting an explanation for the closure of the Armoury and further,
that a letter be forwarded to our local M.P. requesting that he look into the matter. Carried
Unanimousl_v.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
SIXTH MEETING
Committee-of-the. Whole
Committee Room #2
March 2, 1998
Council met on Monday, March 2, 1998 at 6:50 p.m. in Committee-of-the-Whole.
All members of Council, were present. Alderman Janice Wing presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
'~."~:'WAGG, CITY CL~ ......... MA YOR WA YNE THOMSO'I~I
REGULAR MEETING
Council Chambers
March 2, 1998
Council met on Monday, Mamh 2, 1998 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, were present. His Worship Mayor
Thomson offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on Cheque No. 235967 because
he is a recipient of an unemployment insurance rebate.
Alderman Cummings indicated a pecuniary interest on Cheque No. 235970 because
he is the recipient of an unemployment insurance rebate; and indicated a pecuniary
interest on Report F-98-17, Cheque No. 235771 because Acres is involved.
Aldermen Creitor and Cummings indicated pecuniary interests on Report F-98-17,
Cheque Nos. 235793; 235919; 235865 and M92156, because members of their family are
employed by the Region.
Alderman Craitor indicated a pecuniary interest on Cheque No. 235001 because he
is the recipient of an unemployment insurance rebate.
Alderman Fisher indicated a pecuniary interest on Cheque No. 236008 because she
is the recipient of an unemployment insurance rebate.
fill il I! IIIII! I I
Aldef~an Janvary indicated a pecuniary interest on Cheque No. 235971 because
she is a recipient of an unemployment insurance rebate.
Alderman Michalczyk indicated a pecuniary interest on Report No. 98-17, Cheque
No. 235861; 235843, 235816, because he is a volunteer firefighter; and on Cheque No.
236009 because he is a recipient of an unemployment insurance rebate.
Alderman Pietrangelo indicated a pecuniary interest on Cheque No. 235966
because he is the recipient of an unemployment insurance rebate.
Alderman Volpatti indicated a pecuniary interest on Cheque No. 235973 because
she is the recipient of an unemployment insurance rebate.
Alderman Wing indicated a pecuniary interest on Report F-98-17, Cheque Nos
235934 and 235945 because she has a business relationship and on Cheque No. 235961
because she is the recipient of an unemployment insurance rebate.
PRESENTATIONS
The Disabili~_ Advisory Committee Award
The representatives from Zehrs Food Plus were not in attendance.
Niaa_ar~ Handweavers ~nd Spinners
His Worship Mayor Thomson presented a token of appreciation to Club President,
Margaret Shipside and Club Member, Deanna Bell of the Niagara Handweavers and
Spinners, in commemoration of their 50th Anniversary as a Recreational Club in Niagara
Falls.
DEPUTATIONS
Petition for Health Care
Alderman Cummings introduced Mr. Dave Strathern, father of/an Strathem, who
had sustained a broken neck during a high school hockey game in ~995 and was now a
quadriplegic.
Mr. Strathem stated that the family had lost its bid in appealing a decision by the
Niagara Community Care Access Centre to provide lan with 53 hours of nursing care every
week and advised that with the assistance of Joanne Sacco, a petition was being
circulated on behalf of/an requesting the Provincial government, the Ministry of Health of
Ontario and the Health Services Appeal Board to provide 24-hour home nursing care, to
allow lan to remain at home with his family and to live to his optima/potential and
requested Council's support.
Ms, Josnne Sacco requested Council's and the community's support in getting the
petition circulated.
Fo/lowing the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Feren, that Council endorses the petition, in support of/an
Strathem of Niagara Fails, Ontario, to the Provincial government, the Ministry of Health of
Ontario and the Health Services Appeal Board to provide 24 hours home nursing care to
allow lan Strathem to remain at home with his family and to live to his optimal potential.
Carded Unanirnousl_v.
~I! I[ I I II1 I1~111[ I
R-98-10 - Chief Administrative Officer- Re: Lundy's Lane Cemetery Holocaust
Memorial. The report recommends the following:
1. That Council approve the installation of a Holocaust memodal and a garden area
within Lundy's Lane Cemetery.
2. That staff be directed to assist the local Jewish community in ordering, installing and
dedicating the memodal and garden area.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
Ms. Karen Juliar was in attendance to answer any questions.
Financing_ Cutbacks at the Greater Nia~_ara General Hos_nital
Dr. Len Makerewich referred to the very serious shortage of physicians in the City
and discussed the impacts on the hospital, the patients, the community, the Ministry of
Health and the specialists in the City.
Dr. Makerewich introduced Dr. David Nicholson, who reviewed the following
information through the use of slides: the health expenditures by age groups; funding for
Iong-te,, care; provision of nursing home care; distribution of Long-Term Care beds within
Niagara and the progressive reductions and cutbacks in services by the Provincial
government.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alde~an Janvary, that the Council of the Corporation of the City of Niagara
Falls provide written support for an application to the Ministry of Health to designate the
City of Niagara Falls as an underserviced area for family doctors. Carded Unanimously.
Following further discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alden'nan Feren, that the Council of the Corporation of the City of Niagara
Falls press our member of Provincial Parliament and the Ministry of Health to provide the
required funding to supply medical services that are needed in the community and the
Region. Carded Unanimously.
Alderman Puttick requested that the resolutions also be forwarded to the
Association of Municipalities Ontario (AMO).
Niau_ara Zehrs Super Cities Walk for Multiple Sclerosis
His Worship Mayor Thomson provided information on the Super Cities Walk to be
held on April 19, 1998 at 9:30 a.m., and issues a challenge to several municipalities and
invited the community and Council to support the event.
United Wa_v of Niau_ara Fall~
Don Pierson, United Way of Niagara Falls, advised that funds in the amount of
$18, 646.00 were raised for the United Way, following the "City Hall Brawl" event, featuring
Mayor Thomson and Alderman Puttick on February 18, 1998; a token of appreciation was
presented to Mayor Thomson and Aldet~t~an Puttick for their participation in the very
successful event.
I~ [ il ff Illl[[r I ]
Golden Horseshoe Social Action Committee
Ms. Linda Rogers, Golden Horseshoe Social Action Committee was not in
attendance.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
matter be rescheduled to another meeting. Carried Unanimousl. v.
Arts & Culture Commission
Mr. Wayne Scott, Chairperson, Arts & Culture Commission reviewed the report,
referred to the City's upcoming centennial celebrations; advised that several groups have
approached the Commission with regard to the event and stated that the Committee would
like some direction with respect to the centennial activities.
- AND -
R-98-13 - Chairperson, Arts & Culture Commission - Re: Arts & Culture Commission.
The report recommends that Council refer all appropriate matters pertaining to arts, culture
and heritage to the Arts & Culture Commission.
ORDERED on the motion of Alderman Wing, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
During the discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Wing, that the Minutes of July 21, 1997 Council meeting be
amended to reflect that the funds from the Antique Car Raffle be used for educational
scholarship purposes. Carried Unanimously.
Alderman Cummings also requested that a report be provided as to the guidelines
that the scholarships will be awarded under.
UNFINISHED BUSINESS
L-98-09 - Chief Administrative Officer- Re: Adult Entertainment Parlour Licensing
By-law. The report recommends that Council pass the attached draft By-law, to amend
the Adult Entertainment parlour Licensing By-law to provide for limits on the number of
licenses granted, to allow for the enforcement of the restriction on entry of persons under
the age of eighteen (18) years against those persons found in adult entertainment pariours
and to repeal a predecessor by4aw.
Discussions were held on the issue that Fort Erie and St. Cathafines would not be
participating in the adult entertainment by-law and it was suggested that the matter be
deferred in order to provide an opportunity for the Mayor and staff to meet with the Mayors
and CAO's of the various municipalities to discuss the matter
Mr. George Radojcic, Solicitor, advised that his clients were in favour of
regulation, and were prepared to have the by-law administered and have By-law
Enforcement O~cers funded for the specific purpose and requested that members of the
industry be involved in any future discussions that might be held.
Mr. David Crowe, Solicitor, advised that he was in agreement with comments
made by Mr. Radojcic and that it was the understanding of his client this by-law was to be
a Regional by-law; he further advised that they would be prepared to participate in any
discusssions on the matter.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
matter be deferred in order to provide an opportunity for the Mayor and staff to meet with
Mayors and CAO's from other municipalities to discuss the matter. Carried Unanimously.
Mr. Crowe further requested that Communications dealing with the adult
entertainment parlour licensing and the By-law to amend By-law No. 97-249, also be
referred to staff.
The City Solicitor provided clarification on the matter of restricting the locations of
the adult entertainment par/ours, and advised that the City did not have the authority to
dictate where strip clubs can go and further advised that the City has the power under the
Municipal Act to licence strip clubs by the number and the location and that any proposal
can be brought before Council and that Council could consider it.
L-98-11 - Chief Administrative Officer- Re: Termination of Leases and Licences ; Lots
72,74, 76 and 78, Plan No. 251, Bridgewater StreeL The report recommends that Council
terminate, with appropriate notice, any licence or lease agreements over Lots 72, 74, 76 and
78, Plan No. 251.
ORDERED on the motion of AIderman Cummings, seconded by Aldefir~an Michalczyk that
Mr. Goyetche be permitted to address Council. Carried Unanimousl_v.
Mr. Martin Goyetche, 4081 Main Street, requested that the leases remain in effect
until June, 1999 since the notices had been sent out and cheques had been forwarded to
the City for payment of the leases.
The City Solicitor provided clarification with respect to the issuance of bills by the
Finance Department and stated that all the rents had been paid. He further advised if
Council wished to terminate the leases, it could do so and that the cheques from Mr.
Goyetche and other individuals could be returned.
The Director of Community Services advised that several individuals had expressed
an interest and that it was staff's opinion to attempt to acquire funds for such properties;
and that delaying the matter for another year would delay potential revenues.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that the/eases be allowed to carry on to June, 1999, at
which time the City would not renew the/eases and the lots will be put up for sale. The
motion Carded with Aldermen Puttick and Volpatti voting contrary to the motion and with
all others voting in favour.
COMMUNICATIONS
Communication No. 65 - The Corporation of the City of Brampton, Legal Services
Department- Re: CAW Campaigns to keep tariff on new imports. The communication
requests Council support of a resolution requesting that the Federal govemment reverse
their recent decision on auto parts and cease any action, legislative or otherwise, that
would lead to the elimination of auto tariffs on vehicle assembly and that the federal
government fully commit to protect the principles of the auto pact.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the request be supported. Carded Unanimously.
Communication No. 66 - Filipino Canadian Association of Niagara - Re: Flag Raising.
The communication requests permission to raise the Official Flag of the Republic of the
Philippines on Friday, June 12, 1998 at Centennial Square in front of City Hall,
commemorating 100 years of Philippine Independence
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
request e approved subject to established policy. Carded Unanimously.
Ill; Il Il IIllll I ]
-6-
Communication No. 67 - Noise Watch Re: Proclamation. The communication
requests that Council proclaim Apd129, 1998 as "International Noise Awareness Day".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be supported. Carded Unanimously.
Communication No. 68 - David A. Crowe, B.A., LL.B. - Re: Proposed By. law No. 98-
33 being a by-law to amend By-law No. 97-249/Re: 516079 Ontario Limited carrying
on business as "Sam's Montrose Hotel", Jovo Bielich, President, 8675 Montrose
Road (corner of Montrose Road and Creek Road) Niagara Falls, Ontario. The
communication requests consideration to include the lands and premises of Sam's
Montrose Hotel as a defined area of owners' licences for an adult entertainment parlour.
ORDERED on the motion of Alderman Craitor, seconded by AIderman Cummings, that the
matter be referred to staff. Carded Unanimously.
Communication No. 69 - Catherine Dunn - Re: Adult Entertainment Parlour Licensing
By-law Amendment/Re: Sam's Montrose Motel application for adult entertainment
licence. The communication requests that in the event that the aforementioned licence
would be issued, and the Caverly Hotel ever applies for an adult entertainment rezoning
or adult entertainment licence that she be notified along with list of names mentioned in
correspondence.
ORDERED on the motion of Alderman Creitor, seconded by AIderman Cummings, that the
matter be referred to staff. Carried Unanimously.
Communication No. 70 - Niagara Falls Public Library - Re: Lease Renewal for
Stamford Centre Branch Library. The communication advises that they are negotiating
a Renewal Lease for Stamford Centre Branch Library.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the communication be received and filed. Carried Unanimously.
Communication No. 71 - Niagara Falls Girls Soccer Club - Re: Home for Girls
Soccer. The communication requests the City's position on funding.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the
communication be received and filed, as the matter was dealt with at the Community
Services Committee. Carded Unanimously.
Lundy's Lane Battlefield Master Plan
His Worship Mayor Thomson discussed the Notice of Public Meeting, dealing with
the Lundy's Lane Battlefield Master Plan to be held on March 12, 1998.
REPORTS
MW-98-33 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations, February 17, 1998 Meeting. The
report recommends the following;
MW-98-08 - Thorold Stone Rd. & St. James Avenue - Intersection Pedestrian Signal - that
the Region of Niagara review and consider the installation of an intersection Pedestrian
Signal (I.P.S.) at the intersection of Thorold stone Road and St. James Avenue;
MW-98-13- Thistledown Lane at Pinellas Park Drive; Thistledown Lane at Marcon Street
Intersection Control Review - that 1) the yield sign on Thistledown Lane at Maroon Street
be replaced with a stop sign; that 2) the yield sign on Thistledown Lane at Pinellas park
Drive be replaced with a stop sign;
i [ TI -
MW-98-10 - Chippawa Parkway, Traffic Concems- that 1) this report be received for
information; that 2) a copy of this report be forwarded to the Niagara Regional police to
request enforcement of the 50km/h speed limit on Chippawa parkway between Portage
Road and Thomas Street;
MW-98-12 - St. Lawrence Avenue at Nelson Crescent; Intersection Control Review - that
a stop sign be installed on the east approach of Nelson Crescent at St. Lawrence Avenue;
Centre Street between Macdonald Avenue & Lome Street, parking restrictions - that a
parking restriction be installed on the northeast side of Centre Street between Macdonald
Avenue and Lome Street;
On-Street overnight parking permit - Fee Reduction - that the fee for on-street ovemight
permits be reduced from $50. O0 to $25. O0 when issued between July and December.
ORDERED on the motion of AIdef~an Craitor, seconded by Alderman Puttick, that the
report be received and adopted as amended; and further that the matter dealing with on-
street overnight parking permits be referred back to the Parking & Traffic Committee for
further consideration. The motion Car~ed with Aldermen Campbell, Orr and Volpatti voting
contrary to the motion and with all others voting in favour.
See By-law No. 98-44
See By-law No. ~)8-45
R-98-11 - Chief Administrative Officer. Re: Proposed 1998 Cemetery Charges. The
report recommends the following:
1. That the changes to the 1998 Proposed Cemetery Fees and Operating Guidelines
as specified in the attachment be approved effective April 20, 1998;
2. That the by-law appearing later this evening be approved;
3. That following City Council's approval, the 1998 Cemetery Fee Schedule be
forwarded to the Ministry of Consumer and commercial Relations, Cemetery Branch
for their review and approval according to the Cemetery Act;
4. That following City Council's approval, and prior to implementation, that 30 days
public notice be given outlining the changes in cemetery charges.
ORDERED on the motion of AIde,,an Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted, and further that staff bring back a report with regard to
the Veteran's lots increases. The motion Carried with Aldermen Janvary and Orr voting
contrary to the motion and with all others voting in favour.
See By-law No. 98-47
PD-98-18- Chief Administrative Officer- Re: Long. term Planning Projects. The report
recommends that Council receive this report for information purposes.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrengleo, that
the report be received and filed. Carried Unanimously.
PD-98-23- Chief Administrative Officer. Re: Proposed Niagara Escarpment Plan;
Amendment PC/121/97; Dwelling Units in Mineral Resource Extraction Areas. The
report recommends that Regional Niagara be informed, by copy of this report, that the City
has no objections to proposed Amendment PC/12 I/97; Dwelling Units in Mineral Resource
Extraction Areas.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
i![ Il fl IIll[I [ ]
PD-98-26 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
City File: AM- 35/97, Amending By. law No. 98-03; Body Rub Parlours. The report
recommends that Council reaffirm its approval of By-law No. 98-03, so that staff can notify
the Ontario Municipal Board of Council's position respect to the by-law.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Orr, that Council
reaffirm its approval of By-law No. 98-03 and that the matter be referred on to the Ontario
Municipal Board. Carried Unanimousl_v.
F.98.17 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the Corporate Services Committee recommend approval by Council of
the accounts totalling $3,625,759.33 for the period ending March 2, 1998.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, the
report be received and adopted. The motion Carried with Aldermen Cummings, Craitor,
Campbell, Fisher, Janvary, Michalczyk, Pietrangelo, Volpatti and Wing, abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
See By-law No. 98-51
M-98-Of - Chairperson, Disability Advisory Committee - Re: Disability Advisory
Committee Recommendations, January 28, 1998 Meeting. The report recommends
that the fine for parking i/legally in a handicapped spot (parking & Traffic By-law 94-262)
be increased from $75.00 to $150.00, subject to approval from the Attorney General's
office, if appreval for the increase is granted by the Attorney General's office, an indication
of the amount of the fine should be appended to handicapped parking signs.
ORDERED on the motion of Alderman Cummings, seconded by Aldeirr~an Puttick, that the
report be received and adopted. Carried Unanimously.
CD-98-09 - Chief Administrative Officer - Re; Policy & Procedure Manual; Section
200. f5 Tag Days, etc. The report recommends that Council approve the Revised Policy,
Section 200.15 as attached to this report.
ORDERED on the motion of AIderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
CD-98-10 - Chief Administrative Officer- Re: Special Occasion Permits. Niagara
Clancy's Flames Oldtimers Hockey Team; The Royal Canadian Legion; Niagara Falls
Blackhawks Bulldogs Hockey Club. The report recommends that Council indicate it has
no objections to the issuance of a Special Occasion Permit to the organization listed in this
report.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimousl.v.
L-98-10 - Chief Administrative Officer- Re: New Property Standards By-law. The
report recommends that Council adopt and pass the proposed Property Standards By-law
that consolidates the City's Residential and Non-Residential Property Standards by-laws
and that provide amendments and improvements to the present standards for maintaining
property in the City of Niagara Falls.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carded Unanimousl_v.
L.98-14. Chief Administrative Officer- Re: Authorization to proceed with the closing
of Hattie Avenue, Plan No. 145. The report recommends that Council authorize staff to
proceed with the closing of Hattie Avenue on Registered Plan No. 145.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Volpatti, that
the report be received and adopted. Carded Unanimousl_v.
- 9 -
RATIFICATION OF THE COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of the February 9, 1998 Community Services Committee Minutes as
amended;
2. That information be received on the Crombie presentation, with a resolution made
for Mr. Crombie to convene a meeting with the private sector in order to begin the
special planning process - Alderman Orr opposed;
That the resolution received from the Fallsview BIA be supported and fort/yarded to
the Ontario Casino Corporation - Opposed: Alderman Orr; Alderman Wing.
3. MW-98-32 - Thorold Stone Road Sanitary Sewer Extension - that the installation of
a Iow pressure sewer system on the north side of Thorold Stone Road, east of
Garner be deferred in order to obtain legal opinion on the City's, Health
Departments's and OMB's responsibility in this matter- Conflict: Alderman Campbell
Opposed: Aldermen Puttick; Craitor;, Janvary and Feren;
4. MW-98-34 - Allendale Avenue; Commitment to purchase Right-of-way from Ontario
Hydro - that the City advise Onta#o Hydro of our interest in obtaining the required
property between the years of 2001 and 2003; and that Ontario Hydro give the City
first right of refusal should Ontario Hydro decide to sell the property prior to the time
frame;
5. R-98-09 - Mewbum Site - Gids Home for Soccer- that the letter from the Niagara
Falls Girls Soccer Club be referred to staff; and that the NFGSC provide staff with
their short & long term financial plan and the timeline details of their projected
phases for development of the site; and that staff complete the audit for soccer
pitches which will show current frequency of use;
6. R-98-12 - Dogs in City Parks - that the scoop and leash by-law be maintained with
attempts made toward enforcement;
7. R-98-14 - Kin & Mu/hem Parks - that the/ands known as Part of Lots 34 & 37,
Registered Plan 82 be declared surplus and be disposed of to create two
residential building lots; and that staff advertise the two residential building lots at
fair market value and that proceeds from the sale of the lots be utilized to develop
Kin Park; and that the required 5% parkland dedication from the residential
development be utilized at the southern portion of Mu/hem Park, increasing a buffer
between the backstop of Diamond #1 and future homes and that the City enter into
a recreational license agreement with Ontario Hydro for their property between
Paddock Trail and Alpine Drive.
The motion Carried with Aldermen Orr and Wing voting contrary to the motion on
on matter dealing with the Fallsview BIA resolution; Aldermen Puttick; Craitor; Janvary;
Feren voting contrary to the motion on the matter of the installation of a Iow pressure sewer
system and Alderman Campbell abstaining from the vote on a conflict of interest on the
matter and with all others voting in favour.
See Resolution No. 16.
'ili Il H IIll[I I ~
10-
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
actions taken by Committee-of-the-Whole, earlier this evening, be approved:
1. That Council authorize staff to proceed with the closing of Edgeworth Road, and
that Edgeworth Road be transferred to the Niagara Parks Commission for the
nominal sum of $1.00 on the following conditions: 1) That the Commission will
assume responsibility for any legal and/or administration costs associated with the
transaction; as well as any environmental cleanup costs; and that the Commission
will also transfer any lands required to make tumarounds at the current east and
west entrances at Edgeworth Road - Alderman Puttick opposed;
2. That Council accept the sum of $22,453.98 being the amount of Option to Extend
the Option Period to extend the closing of Dixon Street and notwithstanding that the
money and written notice was received several days late.
The motion Carried with Alderman Puttick voting contrary to the motion dealing with
Edgeworth Road and with all others voting in favour.
RESOLUTIONS
No. 15 - CUMMINGS - ORR - RESOLVED that the Council of the Corporation of the City
of Niagara Falls reaffirms its approval of by-law 98-03.
AND the Seal of the Corporation be hereto affixed.
C~rried Unanimousl_v
NO. 16 - PIETRANGELO - FISHER. RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby endorses the Ontario Government's choice of the Murray
Hill location for the site of the permanent casino, so that there are no further delays.
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Orr voting contrary to the motion and with all others
voting in favour.
NO. f7- CUMMINGS - JANVARY- RESOLVED that the Council of the Corporation of the
City of Niagara Falls provides written support for an application to the Ministry of Health to
designate the City of Niagara Falls as an underserviced area for family doctors.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimousl_v.
NO. 18 - FISHER - FEREN - RESOLVED that the Council of the Corporation of the City
of Niagara Falls press our Member of Provincial Parliament and the Ministry of Health to
provide the required funding to supply medical services that are needed in the community
and the Region.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimousl_v.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-44 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Stop Signs)
98-45 A by-law to amend By-law No. 89-2000, being a By-law to regulate parking
and traffic on City roads. (Parking)
11 -
98-46 A by-law to authorize a Release and Abandonment of an Easement over Lot
2 on Plan No. M-26 as set out in Instrument No. L.T. 15547.
98-47 A by-law to approve and adopt the 1998 Proposed Cemetery Fees and
Operating Guidelines.
98-48 A by-law to authorize the execution of an Amending Agreement with Her
Majesty the Queen, in Right of the Province of Ontario as represented by the
Minister of Affairs and Housing respecting the Provincial-Municipal
Infrastructure.
98-49 A by-law to authorize the execution of an agreement with 734679 Ontario
Limited with respect to erecting a solid acoustical barrier fence prior to the
issuance of building permits.
98-50 A by-law to prescribe standards for the maintenance and occupancy of
property within the City of Niagara Falls.
WITHDRAWN A by-law to amend By-law No. 97-249, being a by-law to provide for
the licensing, regulating and inspection of adult entertainment
par/ours, owners and operators of adult entertainment par/ours and
entertainers at adult entertainment parlours.
98-51 A by-law to provide monies for General Purposes (March 2, 1998)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Fisher, Janvary,
Michalczyk, Pietrangelo, Volpatti and Wing, abstaining from the vote on By-law No. 98-51,
on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-44 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Stop Signs)
98-45 A by-law to amend By-law No. 89-2000, being a By-law to regulate parking
and traffic on City roads. (Parking)
98-46 A by-law to authorize a Release and Abandonment of an Easement over Lot
2 on Plan No. M-26 as setoutin InstrumentNo. L.T. 15547.
98-47 A by-law to approve and adopt the 1998 Proposed Cemetery Fees and
Operating Guidelines.
98-48 A by-law to authorize the execution of an Amending Agreement with Her
Majesty the Queen, in Right of the Province of Ontario as represented by the
Minister of Affairs and Housing respecting the Provincial-Municipal
Infrastructure.
98-49 A by-law to authorize the execution of an agreement with 734679 Ontario
Limited with respect to erecting a solid acoustical barrier fence prior to the
issuance of building permits.
98-50 A by-law to prescribe standards for the maintenance and occupancy of
property within the City of Niagara Falls.
[I I1 Illlllr I
-12-
WITHDRAWN A by-law to amend By-law No. 97-249, being a by-law to provide for
the licensing, regulating and inspection of adult entertainment
parlours, owners and operators of adult entertainment parlours and
entertainers at adult entertainment pariours.
98-51 A by-law to provide monies for General Purposes (March 2, 1998)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Fisher, Janvary,
Michalczyk, Pietrangelo, Volpatti and Wing, abstaining from the vote on By-law No. 98-51,
on conflicts of interest previously noted and with all others voting in favour.
~998 Miss Teen Nia~_ara Pao_eent
Alderman Pat Cummings referred to the recent Miss Teen Niagara Pageant, through
Niagara Promotions, held on Februan/ 28, 1998; advised that the 1998 Miss Teen Niagara
was Miss Selana Fabi; First Runner Up and Miss Friendship - Miss Tara Halski; Tie for
Second Runner Up - Miss Kristy Bailey and Miss Nicolina Lanni; and requested that a letter
of congratulations be forwarded to the winners and letters of appreciation be forwarded to
Mrs. Christine Ella; Mrs. Marlene Cummings and Lindsay Thomson for all their efforts.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that a
letter of congratulations be forwarded to the winners of the 1998 Miss Teen Niagara
Pageant and letters of appreciation be forwarded to Mrs. Christine Ella; Mrs. Marlene
Cummings and Lindsay Thomson for all their efforts. Carried Unaninl~){t~ly.
Department of Citizensh[n & Immia_ration Holding Facili~_
Alderman Shirley Fisher referred to concems expressed by the residents in the
area, with respect to the relocation of the Department of Citizenship & Immigration Holding
Facility on McLeod Road at the Shoppes of Drummond Park Village.
The Director of Planning and Development advised that the neighbours had
expressed concerns regarding the facility and that their privacy would be impacted upon.
He further advised that there was no approval required because of the shopping plaza use.
Following the discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Volpatti, that staff prepare a report on the matter. Carded
Unanimousl_v.
Increased traffic volumes at Morrison Street and Pettit Avencle
Aide/man Wayne Campbell referred to concems expressed by the crossing guard
at the location of Mordson and Pettit with respect to the increased volume of traffic at
Mordson and Pettit and of the difficulty crossing students attending Cherrywood Acres
Scholl and of elderly citizens attempting to cross along with the problem of the railway
tracks and requested that the matter be looked into.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
matter be referred to staff for a report through the Parking & Traffic Committee. Carded
Unanimously,
II~ II I I III I1~111[ I i
13 -
Sto_~ L~hts at Garner Road and Thorold Stone Road
Alde~an Victor Pietrangelo referred to correspondence received from residents
respecting the installation of a stop light at Gamer Road and Thorold Stone Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
matter be referred to staff and the Region. Carded Unanimous/v.
Face Off at the Falls
His Worship Mayor Thomson advised that a Sports Celebrity Dinner, "Face Off at
the Falls" would be held on March 18, 1998 at the Sheraton Fallsview Centre in support
of the Niagara Falls Jr. Canucks, with a portion of the proceeds going to the Tim Horton's
Children's Foundation.
Northern Belle Riverboat Casino
His Worship Mayor Thomson referred to the recent announcement of a permanent
casino in Niagara Falls within three to five years and of efforts being made to bring the
Northern Belle Riverboat Casino from Windsor to the former Village of Chippawa, to
provide an opportunity for the overflow of visitors from Casino Niagara during peak periods.
Mayor Thomson requested that Council endorse having the Northern Belle Riverboat
Casino relocate to Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Council endorse having the Northem Belle Riverboat Casino relocate to Niagara Falls, in
order to allow for a location for overflow of visitors from Casino Niagara during peak
periods when they are expedencing line ups. Carded Unanimousl_v.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
meeting be adjourned. Carded Unanimousl_v.
READ AND ADOPTED,
MA YOR WA YNE THOMSON
ill; Il ff Illl[[r I [
SEVENTH MEETING
Committee-of-the-Whole
Committee Room #2
March 9, 1998
Council met on Monday, March 9, 1998 at 6:30 p.m. in Committee-of-the-Whole.
Ail members of Council, with the exception of Alderman Craitor, who was away due to
personal business, were present. Alderman Pat Cummings presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
............
pLANNING MEETING
Council Chambers
March 9, 1998
Council met on Monday, March 9, 1998 at 7:00 p.m. for the purpose of considering
Planning and Regular Business matters. Ail members of Council, with the exception of
Aldern~an Craitor, who was absent due to persona/business, were present. Alderman
Pat Cummings offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Communication No. 83,
Stamford Centre Volunteer Firemen's Association, because he is a member of the
Association.
Alden-nan Michalczyk indicated a pecuniary interest on Report FD-98-02, because
he is a volunteer firefighter.
PRESENTATIONS
Ms. Holly Washuta, 5-0 Taxi Company, provided information through a video
presentation of a new and innovative approach to passenger safety and customer
satisfaction, through the 'falking taxi", that welcomed visitors to the City, reminded
passengers to buckle up for safety and reminded them to take their belongings.
~II il I1 IIIII! I ~
Following the presentation, it was ORDERED on the motion of alderman Fisher,
seconded by Alderman Janvary, that congratulations be forwarded to the 5-0 Taxi
company for their innovative service to the community. Carried Unanimously. ·
- AND -
Communication No. 72 - Niagara Falls Visitor & Convention Bureau. The
communication congratulates and expresses best wishes to 5-0 Taxi company for the
successful implementation of the 'falking taxi':
ORDERED on the motion of Alderman Fisher, seconded by AIderman Janvary, that the
correspondence be received and filed. Carried Unanimously.
1998 Business Showcase Award
Mr. George Waters, Business Advisory Committee provided some background
information on the establishment of Casino Niagara, the impacts of the casino on the
community, such as job creation, potential products and services and the spinoff effects
in the community.
His Worship Mayor Thomson and Mr. George Waters presented a token of
appreciation to Mr. Dean Macomber and Mr. John Palumbo, of Casino Niagara for all
their efforts in the community.
Messrs. Macomber and Pa,~umbo thanked members of Council and City staff for all
their efforts and assistance.
The Canadian Red Cross Socie~_ . Niao_ara Falls
Ms. Renate Martin, Niagara Falls Red Cross Society, advised that March was
Red Cross month and that the Re~l Cross would be celebrating its 60~h Anniversary. She
invited the community to attend th6. celebrations, and that on March 28, 1998 a Curling Bon
Spiel would be held at the Niagara Falls Cuding Club and extended an invitation to Council
members to participate in the event.
His Worship Mayor Thomson thanked Ms. Martin for her attendance and wished her
much success in her efforts.
The Greater Niagara General Hos_nital Foundation
Mr. Jeff Morgan, Chairman, Capital Equipment Fund Raising Campaign, and
Mr. Mike Somerville, Greater Niagara General Hospital Foundation, advised that the
purpose of the fund raising campaign was to replace worn and outdated equipment and
to meet the needs of the community. He further indicated that the goal of the campaign
was to raise $4.5 million; that $952,000 had been received in pledges and requested
support from Council and the community.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
Council support the Greater Niagara General Hospital Capital Equipment Fund Raising
Campaign. Carried Unanimously.
Nia~_ara River Restoration Council
Mr. Jim Greet, NRRC Chair discussed the issue of GEON Canada having been
given approval by the Ministry of the Environment to increase discharges into the Welland
River; and expressed concerns that City officials were not officially informed of the
application and requested that the Ministry of the Environment be required to inform local
officials of all applications to release pollutants into any body of water within City limits.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that a
letter of appreciation be fo/warded to the Niagara River Restoration Council and request
the Ministry of the Environment to inform local officials of all applications to release
pollutants into nay body of water within City limits.
See Resolution No. 20
PLANNING MA TTERS
PD-98-24 - Chief Administrative Officer- Re: By-law Amendment Application; AM-
4/98, 5900 Thorold Stone Road; Proposed Car Dealership. The report recommends
the following: That Council approve the requested amendment to change the zoning of the
lands located at 5900 Thorold Stone Road from Gl to LI which would permit a new car
agency (car dealership), conditional upon:
1. The applicant providing monies to the City for the construction of a sidewalk along
Thorold Stone Road;
2. The applicant satisfying Regional Niagara regarding the potential contamination
prior to the initiation of any site works;
3. The applicant satisfying the comments of CN Rail regarding fencing and drainage.
-AND -
Communication No. 73 - Regional Niagara, Planning and Development DepartmenL
The communication advises as not being opposed to the approval of the application
subject to the requirements of the Regional Public Works Department as outlined in their
comments.
Communication No. 74 - Lubrizon Canada Limited. The communication advises as
being in support of the re-zoning of the subject lands to Light Industrial.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on February 6, 1998.
His Worship Mayor Thomson received indication that Mr. Robert Martin, Martin
Engineering was in attendance on behalf of the applicant and received a positive response
to his request for a show of hands by persons present who were interested in the
application. He requested that all persons wishing to receive further notice of the passage
of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
illi [I I1 IIIIIIIr I ~
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; discussed the Background; Planning Review and the
Public Notification Process.
Mr. Robert Martin questioned the need for a sidewalk along Thorold Stone Road;
and suggested if sidewalks were to be put in, it should be p/aced under site plan control
and site plan, with a condition that the sidewalks be put in by the developer.
The Director of Municipal Works advised that Council po/icy was to provide
sidewalks on both sides of all streets.
The Director of Planning and Development provided clarification on the matter
dealing with landscaping; and further that the boulevard area on the Regional road
allowance will be landscaped., and the ingress and egress unto the property.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-04-98 closed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carried with Alderman Michalczyk
abstaining from the vote on a conflict of interest because of his involvement in some legal
matters.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the correspondence be received and filed. Carded Unanimously
PD-98-25 - Chief Administrative Officer - Re: AM-01/98, Garner Neighbourhood;
South of McLeod Road. The report recommends the following:
1. That Council approve the zoning by-law amendment application to zone the subject
lands to DH (Development Holding);
2. That Council approve the by-law, which is on the Council agenda, for the above-
noted amendment.
-AND -
Communication No. 75 - Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the approval of the application
intended merely to hold the/ands for future development.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on February 13, 1998.
~IIB I!11 II I~ IIIII1[ I ~
His Worship Mayor Thomson received indication that Mr. Stewart Cowan, Warren
Woods was in attendance and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development advised that the application was a City-
initiated amendment and that this was a step to bring the zoning by-law into conformity with
the City's secondary plan.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
Mr. Stewart Cowan advised that he was in support of the proposed changes and
commented on the importance of the preservation of the woodlot on the south side of
Brown Road and that the zoning for the woodlot is brought in accordance to the City's
Official Plan; referred to the natural features of the area and requested Council's support
of the application.
Mr. Peter Bowen, President of Nelson Corporation located on Garner and
McLeod Road, expressed concerns with respect to the proposed zoning change from an
industrial use to a residential use and of the impact on his business.
Mr. Tony Pennacchio, A.A. Auto Parts, Kalar Road, expressed concerns on
having residential homes in the area of his wrecking business; and suggested that high
fencing be installed around his wrecking business.
The Director of Planning and Development also provided clarification with respect
to the public notification process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-01-98 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the matter be deferred. The motion Carried with Aldermen Wing, Cummings, Fisher,
Volpatti, Pietrangelo and Campbell voting in favour of the motion and with all others voting
against.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
correspondence be received and fi/ed. Carried Unanimousl_v.
PD-98-29 - Chief Administrative Officer- Re: Zoning by-law Amendment Application;
AM-3/98, 8918 Sodom Road; Proposed Townhouse Development. The report
recommends the following: That Council approve the requested amendment to change the
zoning of 8918 Sodom Road from Rural to R4 in order to permit a 14-unit townhouse
development subject to the following conditions:
1. The amending by-law include provisions for density, landscaped open space, side
yard setbacks and internal garages;
2. The applicant dedicate all required road widenings to the appropriate road authority
at site plan approval;
ill! [I Ii IIIIII I i
- 7 -
That Council defer making a decision on the Saks application because the City's
Tourist Area Development Strategy Study is not completed and it is not known
whether the proposed development will fit in with the new vision for the Fallsview
area;
2. That the application be targeted for further consideration by Council after the City's
Toudst Area Development Strategy Study has been completed and Council has
adopted new land use policies and building regulations to guide high-rise hotel
development in the Fallsview area.
.AND -
Communication No. 77 - Sullivan, Mahoney. The communication provides a hotel study
with interim guidelines and sketches.
Communication No. 78- The Niagara Parks Commission. The communication advises
that until such time that the special planning process outlined by Mr. Crombie is finalized,
and suggests that applications for parcel A and parcel B be delayed.
Communication No. 79 - Regional Niagara, Planning and Development Department,
The communication requests that Council defer their consideration of the proposal after
the steps outlined in Mr. Crombie's report have been completed.
Communication No. 80- Waterfront Regeneration Trust. The communication advises
that Council defer making on the application because the City's Tourist Area Development
Strategy Study is not yet completed.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on February 13, 1998.
His Worship Mayor Thomson received indication that Mr. Victor Muratori was in
attendance on behalf of the applicant and received a positive response to his request for
a show of hands bypersons present who were interested in the application. He requested
that all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; discussed the Background; Planning Review and the Public
Notification Process; and advised that all parking must be provided on site, under the City's
Zoning By-law. zoning by-law.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
till Il fl Illlll [ ~
Mr. Victor Muratori provided an overview of the application; discussed parking lot
design; the egress and ingress unto the property; the floor area ratio; the issue of massing;
referred to the Hotel Guidelines Criteria and requested that the meeting be adjourned and
that Council defer making a decision until the Development Strategy Study had been
completed and policies have been put in place.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-05-98 adjourned.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Michalczyk, that
the meeting be adjourned in or~ler to allow for the completion of the Consultants report.
Carried Unanimous/v.
ORDERED on the motion of AId~.~ rrnan Cummings, seconded by Alderman Michalczyk, that
the correspondence be receive, 'and filed. Carried Unanimousl_v.
PD.98-34 - Chief Administrati~ e Officer- Re; zoning By-law amendment Application;
AM-2/98, lemmolo & Sons LiMited; 5257 Ferry Street and 5885 & 5871 Ellen Avenue.
The report recommends the folJowing:
1. That Council defer making a decision on the lemmolo application because the City's
Tourist Area Development Strategy Study is not completed and it is not known
whether the proposed de,/elopment will fit in with the new vision for the Clifton Hill
area;
2. That the application be targeted for further consideration by Council after the City's
Tourist Area Developmer;t Strategy Study has been completed and Council has
adopted new land use po#cies and building regulations to guide hotel development.
-AND-
Communication No. 81 - Regior~al Niagara, Planning and Development Department.
The communication advises as l~eing in support of Mr. Crombie's recommendations.
Communication No. 82 - Wate~'ont Regeneration Trust. The communication advises
that Council defer making decisions on the application because the City's Tourist Area
development Strategy Study is not yet completed and it is not known whether the proposed
developments will ftt in with the new vision for the Fallsview area; and that the applications
be targetted for further consideration by Council after the City's Tourist area Development
Strategy Study has been completed and the Council has adopted new land use policies
and building regulations to guide high-rise hotel development in the Fa/Isview area.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on February 13,
His Worship Mayor Thomson received indication that Ms Italia Gilbertti was in
attendance on behaff of the applicant and received a negative response to his request for
a show of hands by persons present who were interested in the application.
lie requested that all persons wishing to receive further notice of the passage of the
by-law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that;~ilure to make ora/ or written
submissions at the Council meeting could result in the ~dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; discussed the Planning process; the Public Notification
Process; and recommended that Council defer making a decision on the application until
such time that the City's Tourist Area Development Strategy Study was completed and that
further consideration of the application should be targetted in conjunction with the
completion of the Strategy Study.
Ms. Italia Gilbertti provided background information on the application; discussed
the issue of maximum building heights; density, floor area ratio and parking requirements.
Ms. Gilbertti suggested that development not cease while the Strategy Study was being
prepared and requested that Council approve the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-02-98 adjourned.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
meeting be adjourned in order to allow for the completion of the Consultants report.
The motion Carried with Alderman Campbell voting contrary to the motion and with all
others voting in favour. ~,
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
communications be received and f'#ed. Carried Unanimousl_v
PD.98-27 - Chief Administrative Officer - Re: Public Meeting Solomon Circle Draft
Plan of Subdivision; file: 26T-11-9801; Owner: Lakeshore Salon Ltd. The report
recommends that Council consider input received at the Public Meeting and refer all
matters to staff for the review of the Solomon Circle Draft Plan of Subdivision.
His Worship Mayor Thomson declared the Public Meeting open and advised that
the puq~ose of the meeting was to receive information and provide an opportunity for the
public to comment on the proposed subdivision.
The City Clerk advised that notice of the meeting was given on February 20, 1997.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
His Worship Mayor Thomson received indication that the Solicitor for the applicant
was in attendance and received a negative response to his request for a show of hands
by persons present who were interested in the application.
The Solicitor for the applicant discussed the application which consisted of a
proposed 8-lot subdivision, for single family residential use. He further advised that the
proposed lot sizes and frontage were in compliance with the RI E single family residential
requirements.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Aldefi-~)an Pietrangelo abstaining
from the vote on a conflict of interest because he has purchased property in the area.
Il fl Ifil]
10 -
PD-98-28 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval; Parkway Acres, 26T-87010; Owners: Radojcis/Radulovich. The report
recommends the following:
1. That a Council resolution supporting a one-year extension to draft plan approval for
the Parkway Acres Plan of Subdivision be adopted conditional on the applicant
maintaining the appropriate subdivision sign on the property for public information
purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and adopted. Carded Unanimousl_v
See Resolution No. 19
PD-98-31 - Chief Administrative Officer- Re: Site Plan Agreement Amendment; SPC-
8/96; Marriott Hotel; 6740 Oakes Drive. The report recommends that Council approve
the revised site plan forthe Marriott Hotel, 6740 Oakes Drive conditional upon the applicant
submitting a landscape architecture plan for the subject lands, that is acceptable to the
Director of Parks, Recreation and Culture before initiation of the site works.
ORDERED on the motion of Alderman Feren, seconded by AIderman Janvary, that the
report be received and adopted. Carded Unanimousl_v.
PD.98-33 - Chief Administrative Officer- Re: Application for site Plan Approval; SPC-
1/98; 2600 Stanley Avenue; Proposed Expansion to Ekco Canada Ltd. The report
recommends that Council approve the site plan fora 61,500 sq. Ft. expan;;ion to the Ekco
Canada Ltd., building at 2600 Stanley Avenue.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimousl_v.
PD-98-36 - Chief Administrative Officer- Re: Federal Department of Citizenship &
Immigration Shoppes of Drummond park Plaza; 6080 McLeod Road. The report
recommends that Council receive this report for information.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received and filed. Carried Unanimousl. v.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of the Regular Council Meeting of February 16, 199E be adopted as
printed. Carried Unanimousl_v.
COMMUNICATIONS
Communication No. 83 - The Royal Canadian Naval Association - Re: Proclamation.
The communication requests Council proclaim the week of May, 4 - May 10, 1998 as
"Battle of the Atlantic Week"; requesting that the traditional Navy Flag, t~'3e White Ensign
be flown at City Hall and requesting permission to conduct a flag reising ceremony on
Monday, May 4, 1998.
ORDERED on the motion of Alderman Cummings, seconded by Aldefir~an Feren, that the
request be approved subject to established policy. Carded Unanimously.
11
Communication No. 84. Stamford Centre Volunteer Firemen's Association. Re: 47~h
Annual Carnival. The communication requests Council permission to hold their 47th
Annual Carnival at the Stamford Green grounds from June 17 to June 20, 1998 inclusive.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
request be approved. The motion Carded with Alderman Cummings abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
Communication No. 85 -Niagara District Health Council- Re: Physician Resources
Planning Task Force. The communication indicates that the Council would like to be
advised of any individual with interest in physician recruitment from a municipal area would
be interested in participating on this Physician Resources Planning Task Force.
ORDERED on the motion of AIde,,,an Pietrangelo, seconded by Alderman Fisher, that an
ad be placed in the paper advertising for an individual. Carried Unanimously.
Communication No. 86 - The Victoria Centre, Business Improvement Area - Re:
Casino Niagara. The communication provides comments and expresses concerns
regarding the status of the initial Casino Niagara and its lifespan.
ORDERED on the motion of AIderman Feren, seconded by Alderman Pietrangelo, that the
correspondence be forwarded to the Ontario Casino Corporation. The motion Carded with
Alderman Orr abstaining from the vote on a conflict of interest because she is employed
by the Casino.
Communication No. 87- Niagara Home Builders'Association - Re: Proclamation. The
communication request Council proclaim the month of April, 1998 as "New Homes Month".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
request be sui~ported subject to established policy. Carried Unanimou,~ly.
Communication No. 88 - Canadian Cancer Society - Re: Proclamation. The
communication requests Council proclaim the month of April, 1998 as "Canadian Cancer
Society Month".
ORDERED on t.he motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the request, be supported subject to established po/icy. Carried Unanimously.
Communication No. 89 - 2835 Royal Canadian Artillery Cadet Corps - Re: Relocation
from the Victoria Avenue Armoury. The communication requests that the building fees for
their new premises be waived.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Janvary, that
the matter be referred to staff. Carried Unanimously.
REPORTS
FD-98-02. Chief Administrative Officer- Re: Fire Fighters' Uniforms. The report
recommends that Council approve the purchase of uniform clothing for the Fire Service for
a total cost of $20,347.52, taxes included. Monies have been set aside in the Fire budget.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report~be received and adopted. The motion Carried with Alderman Michalczyk
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
F-98-18- Chief Administrative Officer-Re: Private Member's Bill PrSO; Property Tax
Exemption; YWCA of Niagara. The report recommends that City Council approve a by-
law to exempt the YWCA of Niagara from Municipal, Regional and Educational taxation in
accordance with Private Member's Bill PrSO.
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12 -
ORDERED on the motion of alderman Janvary, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimousl. v.
See B_v-law No. 98-~3
CD-98-11 - Chief Administrative Officer- Re: Special Occasion Permits; Niagara
South; No Hit Hockey League. The report recommends that Council indicate it has no
objection to the issuance of a Special Occasion permit to the organization listed in this
report.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that the
report be received and adopted. Carried Unanimousl_v.
RESOLUTIONS
NO. 19 - VOLPA TTI - CUMMINGS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby supports a one-year extension to the Parkway Acres Plan of
Subdivision, and the Regional Municipality of Niagara be so informed; conditional on the
applicant maintaining the appropriate subdivision sign on the property for public information
purposes.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl_v.
NO. 20 - FISHER. VOLPA TTI - WHEREAS GEON Canada, a local vinyl manufacturer
which employs 165 employees, was given approval by the Ministry of Environment to
increase discharges into the Welland River; AND WHEREAS these discharges include
ammonia, nitrogen, phosphorus, oil and grease; AND WHEREAS the company has been
given authority to release, on average, up to 16 kilograms of oil and grease per day; AND
WHEREAS Geon Canada's request was posted on the Ministry of Environment's Intemet
web site on December 24, 1997, with written comments invited until January 23, 1998;
AND WHEREAS City officials were not officially informed of the application; NOW
THEREFORE BE IT RESOLVED THAT in the future, the Ministry of Environment be
required to inform local officials of all applications to release pollutants into any body of
water within City limits; AND FURTHER BE IT RESOLVED THA T Iocal manufacturers take
all necessary actions to prevent the dumping of pollutants into the City's rivers.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
RA TIFICA TION OF COMMITTEE-OF-THE- WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
That the Agreement of Purchase and Sale that was entered into with 1198863 Ontario Ltd.
And the City of Niagara Falls on December 17, 1997 for the part of Township Lot 170, with
the condition whereby the purchaser would take up to 90 days to satisfy itself that it was
economically feasible and viable be extended to June 9, 1998, and that all other terms
and conditions remain the same. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, to
proceed with the lease of the car. The motion Carried with Aldermen Orr and Volpatti
voting contrary to the motion and with all others voting in favour.
BY-LAWS
ORDERED on the motion of alderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
Illl Ill I I III iiiiIIr I i
13 -
98-52 A by-law to amend By-law No. 79-200, as amended. (AM-04/98, 5900
Thorold Stone Road)
98-53 A by-/aw to cancel taxes for municipal purposes on/ands owned by the
Young Women's Christian Association of Niagara Falls.
98-54 A by-law to authorize a Charge/Mortgage to The Optimist Club of Niagara
Falls for the purpose of securing a loan, not to exceed $100,000.00.
98-55 A by-law to authorize an Agreement, dated February 19, 1998, between The
Optimist Club of Niagara Falls and The Corporation of the City of Niagara
Falls for the purpose of amending a Charge/Mortgage dated May 2, 1990.
Carried Unanimous/y,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the fo/lowing by-laws be now read a second and third time:
98-52 A by-/aw to amend By-law No. 79-200, as amended. (AM-04/98, 5900
Thorold Stone Road)
98-53 A by-/aw to cancel taxes for municipal purposes on lands owned by the
Young Women's Christian Association of Niagara Falls.
98-54 A by-law to authorize a Charge/Mortgage to The Optimist Club of Niagara
Falls for the purpose of securing a loan, not to exceed $100,000.00.
98-55 A by-law to authorize an Agreement, dated February 19, 1998, between The
Optimist Club of Niagara Falls and The Corporation of the City of Niagara
Falls for the purpose of amending a Charge/Mortgage dated May 2, 1990.
Carried Unanimousl_v.
Swimmino_ Pool Facilities
Alderman Norm Puttick requested that the Director of Parks, Recreation and Culture
contact Mr. Paul Brockwell of West/and Secondary School with information regarding the
City's plans respecting swimming pool facilities.
Extension of Morrison Street
Alderrr~an Norm Puttick requested a report on the feasibility of extending Morrison
Street to Montrose Road with contributions from the developers in the area.
Roadway and Railway Line at Erie Avenue and Morrison Street
His Worship Mayor Thomson referred to concerns expressed with regard to the
roadway conditions and railway tracks in the area and requested that the matter be looked
into at budget time.
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14-
Mayor Thomson advised that Mr. Crombie was expected to have an agreement with
the railroads in the near future and that the matter of removal of the railines would be dealt
with.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MA YOR WA YNE THOMSON
EIGHTH MEETING
COMMITTEE -OF- THE-WHOLE
Committee Room #2
March 23, 1998
Council met on Monday, March 23, 1998 at 6:00 p.m. in Committee-of-the-Whole.
All members of Council were present. Alderman Shirley Fisher presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
'~." MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
March 23, 1998
Council met on Monday, March 23, 1998 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, were present. Alderman Shirley Fisher
offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Wing indicated a pecuniary interest on Cheque No. 236177 because of
a business relationship.
Alderman Cummings indicated pecuniary interests on Cheque No. 236436 because
the recipient is Acres, and on Cheque Nos. M92182; 236033; 236261; M92188 because
a member of his family is employed by the Region.
Alderman Craitor indicated pecuniary interests on Cheque No. M92182; 236033;
236261; M92188 because a member of his family is employed by the Region.
Aldem~an Ed Michalczyk indicated pecuniary interests on Cheque No. 236254 and
Report F-98-22 because he is a volunteer fire fighter.
Il fl fill]
PRESENTATIONS
Charles Vandersluys presented a cheque in the amount of $701.00 on behalf of
himself and his wife Jacqueline Baldini, from the proceeds of the Third Annual Dog Photo
Contest held recently in which 45 dogs participated to raise money forthe Humane Society
of Niagara Falls. Alex Glen of the Humane Society accepted the cheque on behalf of the
Society and thanked Mr. Vandersluys and his wife for the donation.
DEPUTA~ONS
Nia~_ara Film Festival
Mr. John Van Kooten, President, outlined the positive effect of event marketing as
being the most important concept ever developed by the tourist industry, and the potential
economic benefits to the Region of this event anticipated to exceed twenty-one million
dollars.. He outlined the events planned as part of the Niagara Film Festival in June in the
City of Niagara Falls, including the appearance of many movie stars.
Mr. Van Kooten requested perrnission to hang banners across Victoria Avenue and
Clifton Hill from May I - June 15 advertising the Festival.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor that the
request be granted. Carried Unanimously.
COMMUNICATIONS
Communication No. 90 - Stewart Benjamin - Re: Amount of his Water Bill
-AND -
Communication No. 91 - Jane Embleton . Re: Amount of her Water bill.
The communications expressed various concerns respecting the escalating costs of Water
bills and the abuse of water usage by some residents in the City of Niagara Falls.
His Worship Mayor Thomson advised that the Water bill is more of a Utility Bill which
actually covers sewage treatment and water, and is of no financial benefit to the City of
Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Aldeirr~an Campbell that
the matter be referred to staff to respond directly with Mr. Benjamin and Mrs. Embleton.
Carded Unanimously
Following further discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Campbell that Alderman Ed Michalczyk assume the responsibilities
of Alderman Pietrangelo on the Water Meter Committee, due to Alderman Pietrangelo's
increased work load. Carded Unanimously.
Communication No. 92- Regional Municipality of Niagara - Re: Amendment to Terms
of Reference Governance Technical Sub-Committee. The communication requests
Council appoint a member to the Governance Committee.
It was moved by Alderman Pietrangelo, seconded by Alderman Michalczyk that Alderman
Cummings be appointed to the Governance Committee. Carried Unanimously.
Communication No. 93 - Ministry of Transportation - Re: Request for Noise By-law
Exemption at the Queen Elizabeth Way and Thorold Stone Road Overpass, Work Project
224-92-00. MTO Central Region. The communication requests that exemption of the by-
law be approved and require the Ministry of Transport to notify residents when work will
be taking place.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher that the
exemption to the by-law be approved and that the Ministry of Transport be required to
advise residents in the area when work will be taking place. Carried Unanimously.
Communication No. 94 - Mary Holmes - Re: Proclamation - Requesting that a special
day be set aside each year, called "Shutins Day", to honour and remember the aged, sick,
lonely, house bound and in hospital.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Wing that the
matter be referred to the Ministerial Association for direction. Carried Unanimousl_v.
Communication No. 95 - Regional Municipality of Niagara, Planning and
Development- Re: Approval Authodty for Official Plan Amendments. The communication
requests circulation of attached report to the local municipalities for comments, and
subject to further consideration and possible changes by the Planning Services Committee
and by Regional Council before coming into effect.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
request be referred to staff. Carded Unanimously,
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that the
actions taken on the following matters by the Community Services Committee, earlier this
evening, be approved:
1. Adoption of the March 2, 1998 Community Services Committee Minutes;
2 R-98-14 - Kin and Mulhem Parks - that Staff report back to Committee members on
the results of a public meeting to be held with residents regarding Kin and Mulhem
Parks before any exchange of land takes place;
3. R-98-18 - Use of Oakes Track Proposal- that exclusive use of the Track and Field
area at Oakes Park be granted to Niagara Region Athletics (NRA) for Mondays and
Thursdays from 5:00 p.m. to 7:30 p.m.. and that the Niagara Regional Police be
requested to provide a Community Officer to help with the initial enforcement.
4 (a) R-98-15 - Proposed Ice Rental Fees and Floor Rental Fees for Municipal Arenas.
That the following two year plan be approved:
1) That all ice rental fees be increased by 10% effective May 1, 1998.
2) That effective May 1, 1999, ice rental rates for adults be increased by 10%
and youth rates be increased by 5%.
3) That facility rentals for special events be increased by 10% effective May 1,
1998 and by another 10% effective May I, 1999.
4)That arena floor rental fees be increased by 10% effective May 1, 1998.
5) That arena floor rental fees be increased by 10% for adults and 5% for youth
effective May 1, 1999.
6) That the rental fee for use of meeting rooms be increased by 10% effective
May 1, 1998 and by another 10% effective May 1, 1999.
7) That a fiat summer ice rental fee of $128.12 (+ G S T) per hour, be instituted,
effective May 1, 1999.
4 (b) R-98-19 - Status of City Parklands - that Report R-98-19 Status of City Parklands
be received for information, and that Staff further investigate the opportunities
available to meet the City's Parkland standards.
4 (c) R-98-21 - Veteran Lots - Fairview Cemetery - that Report be received and filed.
4 (d) MW-98-40 - Sewage Disposal Systems - that authorization be granted to enter into
an agreement with the Health Services Department of the Regional Municipality of
Niagara with regard to the administration and enfomement of the provisions of the
Building Code Act 1992, as amended and the Ontario Building Code 1997,
pertaining to sewage disposal systems.
4 (e) MW-98-41 - Noise Abatement Wall - Bambi Estates Subdivision - that Report be
received and filed.
4 (f) MW-98-43 - Staff Attendance at American Waterworks Association Conference in
Philadelphia - that the request for a staff member to attend the A WWA Conference
in Philadelphia, be denied.
NEW BUSINESS
5.(a) Alderman Fisher requested that Staff contact the Region in regard to the condition
of Sodom and Lyons Creek Roads. Alde~/~an Fisher also advised that a traffic
count on Sodom Road had previously been requested, and asked that the Region
be contacted in this regard also. Larry Oates advised that he would take care of
this matter.
5 (b) Alderman Wing questioned if there were any updates regarding McLeod and
Oakwood. His Worship Mayor Thomson replied that as far as he was aware, there
was no updated news to report on this matter.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
Alderman Craitor referred to the Ontario Traffic Conference and advised that there
was additional information that Council should be aware of that was most appropriate and
this should be referred back to Corporate Services and brought forth at that time. We are
hosting this Conference here in Niagara Falls, and with the additional information that
Council should know, it might entice Council to look pt sponsoring the luncheon for this
convention.
It was moved by Alderman Craitor, seconded by A,Iderman Campbell that Item 5, the
matter of the luncheon sponsorship of the Ontario Traft?c Conference in Niagara Falls, be
referred back to Corporate Services Committee for further consideration.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that the
actions taken on the following matters by the Corporate Services Committee, earlier this
evening, be approved:
1. Adoption of the February 9, 1998 Corporate Services Committee Minutes;
2. Report F-98-20 - That the Municipal Accounts t~italling $6,491,110. 63 for the period
ending March 23, 1998, be approved.
3. That business tax accounts totalling $132,920.32 as detailed in Report F-98-21 be
removed from the City's accounts.
4. Report F-98-22 - That the 1997 transfers to r?serves be approved.
6. That the Mayor's salary be increased to $55,213.00 and that the Aldeir~en's
remuneration be increased to $14,818.00, both effective January 1, 1998 and that
the Mayor and individual Aldermen complete a form authorizing acceptance of the
increases.
~II III II I~ IIIIIII I ~
The motion Carried with Alderman Janvary supporting the MayoFs increase in salary, but
voted against the motion; and with Aldermen Volpatti and Wing voting contrary to the
motion and with all others voting in favour.
See By-law 98-65
See By-law 98-66
MW-98.35 - Chief Administrative Officer. Contract #98.06, Tender for the Supply of
Materials and Services for Pavement Markings. The report recommends the following:
1. That the Iow bid, 463051 Ontario Limited, o/a Terrio Road Markings, be accepted
and that;
2. The by-law appea#ng on tonight's Council Agenda be given the necessary readings
to authorize the execution of the tender for the supply of material and services for
pavement markings.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that the
report be received and filed. Carried Unanimousl_v
MW-98-42 - Chief Administrative Officer- Storm Sewer Easement from City to J.L.A.
Factory Outlet Holdings Limited, Part 8, Plan 59R-f0223, Bambi North Subdivision -
Plan 59M-243. The report recommends that the City grant an easement fro storm sewer
purposes to J.L.A. Factory Outlet Holdings Limited over Part 8, Plan 59R-10223, and the
by-law dealing with same be approved.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that the
report be received and §led. The motion Car~ed with Alde, r~an Feren abstaining from the
vote on a conflict of interest because of financial dealings, and with all others voting in
favour.
See By-law No. 98-62
PD-98-37- Chief Administrative Officer- Zoning By-law Amendment Application, AM-
1/97, Lyon's Parkway - The report recommends the following:
1. That Council reaffin'n its approval of By-law 98-31 and that staff notify the Ontario
Municipal Board of Council's position with respect to the by-law; and
2. That Council direct staff to contact the appellant to determine whether reconciliation
can be achieved without a hearing.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher that the report be received and adopted. Carded
Unanimousl_v.
See Resolution No. 25
PD-98-38 - Chief Administrative Officer. Request for Extension to Draft Plan
Approval, Beaver Valley, 26T-90022 (Revised). Owner: Beaver Valley Realty Ltd.
(R,G. Maves) - The report recommends the following:
1. That a Council resolution supporting a one-year extension to the Beaver Valley
Draft Plan of Subdivision be adopted conditional on the applicant submitting a
photograph to the City showing the appropriate subdivision sign on the property for
public information purposes; and
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
il! i Il fl Illlll I
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldetii~an Craitor that the
report be received and adopted. Carded Unanimously.
See Resolution No. 24
PD-98.39 - Chief Administrative Officer- Request for Extension to Draft Plan
Approval, Bambi North Extension, 26T-92012 (Revised), Owner: 942328 Ontario
Limited (S. Pingue). The report recommends the following:
1. That a Council resolution supporting ~ one-year extension to the Bambi North
Extension Draft Plan of Subdivision he adopted conditional on the applicant
submitting a photograph to the City show,'ng the appropriate subdivision sign on the
property for public information purpose~,r and
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Cummi~. ,s, seconded by Alderman Fisher that this
be deferred for one year. The motion Cardecf ~vith Alderman Feren abstaining from the
vote on a conflict of interest because he resides in the area, and with all others voting in
favour. ~
See Resolution No. 23
PD-98-40 - Chief Administrative Officer- Processing Schedule, Tourist Area
Development Strategy. The report recommends the following:
1. That Council adopt the eight recommendations of PD-98-35 (attached); and
2. That Council adopt the meeting schedule outlined in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo that
the report be received and adopted. Carded Unanimousl.v.
CD-98-12 - Chief Administrative Officer- Special Occasion Permit, Stamford Skating
Club. The report recommends that Council indicate it has no objection to the issuance of
a Special Occasion Pei~it to the organization li,~=ted in this report.
ORDERED on the motion of Alderman Cummings,, seconded by Aldetyl~an Campbell that
the report be received and adopted. Carded Uh.)nimpusly.
CD-98-13 - Chief Administrative Officer- Physicians Resources Planning Task Force.
The report recommends that Council forward thp resume received to the Niagara District
Health Council for their consideration.
It was moved by Alderman Janvary, seconded ~y Alderman Campbell that Wayne Scott
be appointed to the Physicians Resources Plar!ning Task Force. Carded Unanimousl_v.
L-98-13 - Chief Administrative Officer - Closing and Quit Claim or Transfer of the
Unopened Portion of Belfast Avenue, Our` File No.: 98STM098.050. The report
recommends the following:
1. That the unopened portion of Belfast Avdr~ue lying north of registered Plan No. 82
be stopped up and closed.
2. That the said portion of Belfast Avenue,I so closed, be declared surplus and quit
claimed or transferred to the sole abuttin~;, owner, River Realty Development (1976)
Inc. And further,
3. The Mayor and Clerk be authorized to execute the said Quit Claim or
Transfer/Deed.
Mr. Bill Main; John Mestek of River Realty Development; and Rocky Vacca of Sullivan
Mahoney on behalf of Mrs. Valede Flemming, previous owner of the property, were in
attendance to speak to the Mulhem Park matter, and were advised that this matter would
be dealt with separately.
- 7 -
The Director of Parks, Recreation and Culture advised of an information meeting to be held
at the Niagara Falls Public Library, La.~Marsh Room, on March 31, 1998 respecting the
Mu/hem property and that the two items were totally separate matters.
L-98-16 - Chief Administrative Officer- Rainbow Motor Inn - 5581 Murray Street,
Request for Ground Sign on Municipal Property. The report recommends that Council
consider the request to lease municipal land at 5581 Murray Street to Rainbow Motor Inn
for the purpose of installing a ground sign.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk that the
report be received and adopted. The motion Carried with Alderman Wing voting contrary
to the motion and with all others voting in favour.
L-98-17 - Chief Administrative Officer- Davis Encroachment Agreement with the City,
5936 Summer Street, Our File No. 96STM130.316. The report recommends that Council
permit the continuation of an encroachment of the eaves trough of a building and a board
fence upon the Summer Street road allowance.
ORDERED on the motion of Alderman Cummings, seconded by Alde~-~an Fisher that the
report be received and adopted. Carried Unanimousl. v.
L.98-18- Chief Administrative Officer- Authorization to Proceed with the Closing of
Part of a Laneway Running from the South Easterly Limit of Ferguson Street to the
Rear of Lot 26, Plan No. 996, Our File No. 97STM075.118. The report recommends that
Council authorize staff to proceed with the closing of part of a laneway running south east
from Ferguson Street.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary that the
report be received and adopted. Carried Unanimousl_v.
L-98-19 - Chief Administrative Officer- Procedures Governing the Sale and
Disposition of Real Property. The report recommends that the procedure governing the
sale and disposition of rea/property by the City of Niagara Falls be amended as set out in
the attached draft By-law and further that the attached draft By-law be passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher that the
report be received and adopted. Carried Unanimousl_v.
RATIFICATION OF THE COMMITTEE. OF-THE. WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by Committee of the Who/e, on March 23, 1998,
be approved:
That Council approve the recommendations contained in Report HR-98-02.
That the recommendations contained in Report L-98-20 be approved.
· Canfed Unanimousl. v.
RESOLUTIONS
NO. 21 - CUMMINGS- VOLPATTI- RESOLVED that a message of condolence be
forwarded to the family of the late Christine Stemicki, sister of Barb Muir of the Clerk's
Department.
AND the Seal of the Corporation be hereto affixed. Carried Unanimousl_v.
NO. 22 - CUMMINGS. JANVAR¥- RESOLVED that a message of condolence be
forwarded to the family of the late Ormond Black, husband of Helen Black of the Service
Centre.
AND the Seal of the Corporation be hereto affixed. Carried Unanimousl_v.
llll I II I1 IIIIII I ~
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the fo/lowing by-laws, and the by-laws be read a first time:
98-56 To amend By-law No. 94-42, as amended, being a by-law respecting
buildings and building permits.
98-57 To authorize the execution of an ag eement with 463051 Ontario Limited
operating as Terdo Road Markings ..,especting the supply of material and
service for pavement markings.
98-58 To authorize the execution of the 1998 Collective Agreement with The
Canadian Union Public Employees arid its Local 133.
98-59 To stop up and close part of the road allowance known as Belfast Avenue,
lying north of registered Plan No. 82, formerly being part of Township Lot 98
in the former Township of Stamford.
98-60 To dec/arum surplus that part of Belfast Avenue, lying north of registered Plan
No. 82, and to authorize a Quit Claim or Transfer Deed to River Realty
Development (1976) Inc. for the purpase of mm/easing any interest the City
may have in the said portion of Belfast Avenue.
98-61 To establish procedures governing the, sale and disposition of real property
by The Corporation of the City of Nia~'ara Falls.
98.62 To authorize a Transfer of Easement ~o JLA Factory Outlet Holdings Limited
for the purpose of constructing and m~/r~taining a storm sewer over Part 8 on
Reference Plan No. 59R-10223.
98.63 To authorize an Encroachment Agreement, dated January 28, 1998,
between Jacalyn Davis and the Corporation of the City of Niagara Falls for
the purpose of permitting the encroac,bment of an eaves trough and board
fence unto Summer Street road alloV~ince.
98-64 DEFERRED
98-65 To provide monies for General Purp~,:;es. (March 23, 1998).
98-66 To provide for the raemuneration of th!; Mayor and the Members of Council
of the City of Niagara Falls.
The motion Carried with Aldermen Craitor, Cummi(~gs, Michalczyk and Wing abstaining
from the vote on By-law No. 98-65 on conflicts o~ interest previously noted; Alderman
Feren abstaining from the vote on By-law 98-62 on'a conflict of interest previously noted;
and Aldermen Volpatti, Wing and Janvary voting contrary to the motion on By-law No. 98-
66 on conflicts of interest previously noted, and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
following by-laws be now read a second and third time:
98-56 To amend By-law No. 94-42, as amended, being a by-law respecting
buildings and building permits.
98-57 To authorize the execution of an agreement with 463051 Ontario Limited
operating as Terrio Road Markings respecting the supply of material and
service for pavement markings.
~lll ill II II1 III111[ I i
98-$8 To authorize the execution of the 1998 Collective Agreement with The
Canadian Union Public Employees and its Local 133.
98-59 To stop up and close part of the road allowance known as Belfast Avenue,
lying north of registered Plan No. 82, formerly being part of Township Lot 98
in the former Township of Stamford.
98-60 To declare surplus that part of Belfast Avenue, lying north of registered Plan
No. 82, and to authorize a Quit Claim or Transfer Deed to River Realty
Development (1976) Inc. for the purpose of releasing any interest the City
may have in the said portion of Belfast Avenue.
98-61 To establish procedures governing the sale and disposition of real property
by The Corporation of the City of Niagara Falls.
98-62 To authorize a Transfer of Easement to JLA Factory Outlet Holdings Limited
for the purpose of constructing and maintaining a storm sewer over Part 8 on
Reference Plan No. 59R- 10223.
98-63 To authorize an Encroachment Agreement, dated January 28, 1998,
between Jacalyn Davis and the Corporation of the City of Niagara Falls for
the purpose of perrr~itting the encroachment of an eaves trough and board
fence unto Summer Street road allowance.
9~64 DEFERRED
98-65 To provide monies for General Purposes. (March 23, 1998).
98-66 To provide for the remuneration of the Mayor and the Members of Council
of the City of Niagara Falls.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-65 on conflicts of interest previously noted; Aldef,~an
Feren abstaining from the vote on By-law 98-62 on a conflict of interest previously noted;
and Aldermen Volpatti, Wing and Janvary voting contrary to the motion on By-law No. 98-
66 on conflicts of interest previously noted, and with all others voting in favour.
NEW BUSINESS
Brights Winew_ Building
His Worship Mayor Thomson referred to correspondence received from Loblaws on
the Brights Winery Building and they have agreed to look into the matter.
Niagara Falls Industw_
Alderman Campbell advised that he attended the March 11, 1998 Industry
presentation at the Ame#cana, as a representative of the City of Niagara Falls. Fourteen
companies participated that represented 2000 employees in the City of Niagara Falls, and
encouraged everyone to attend this event in the future.
~li II I~ II1111 I ~
10 -
Stamford Lions Club
Alderman Craitor congratulated the Stamford Lions Club and Niagara Falls Minor
Hockey for their accomplishment in the Eighteenth Annual Tournament, an event which
brought many people and money into the City of Niagara Falls.
Alderman Craitor requested that a letter of congratulations be sent to the Midget All
Onta#o Hockey team from Niagara Falls who went into triple overtime and were one goal
away from winning, and have the opportunity to attend the Air Canada Tournament.
It was moved by Aldem)an Feren, seconded by Alderman Craitor that a resolution of
congratulations be forwarded to the Midget All Ontario Team for their excellent
performance. The motion Carded with Alderman Orr abstaining from the vote on a conflict
of interest because her nephew is a member of the team.
Face Off By The Fails
Alderman Feren congratulated Alderman Craitor on a weft run Face Off Dinner held
at the Sheraton recently.
Westlane Band
Alderman Fisher requested that a letter of congratulations be forwarded to the
Westlane Band under the direction of David Chubb, who will be performing at Disney
World. It was moved by Alderman Janvary, seconded that Alderman Volpatti that a letter
of congratulations be forwarded to the Westlane Band. Carried Unanimousl. v.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
NINTH MEETING
REGULAR MEETING
Council Chambers
March 30, 1998
Council met on Monday, March 30, 1998 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, were present. Alderman Selina Volpatti
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Ed Michalczyk requested that the Minutes of March 2, 1998 be amended
to reflect his conflict of interest on Cheque No. 236009 because he is the recipient of an
unemployment insurance rebate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
Minutes of the Regular Council meeting of March 2, 1998 be adopted as amended.
Carried Unanimousl_v.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report Nos.
CD-98-14, CD-98-15 and CD-98-16 because they are involved with organizations that run
bingos.
Alderman Michalczyk indicated a pecuniary interest on Report Nos. CD-98-14,
CD-98-15 and CD-98-16 because he is involved with an organization that deals with
bingos.
DEPUTATIONS
Mr. James A. I/Vhyte, President, Niagara Falls District Labour Council, referred
to the number of accidents and deaths that occur in the workplace; provided information
on the rededication ceremony to be held at the Day of Mourning Monument in H.F. Leslie
/=ark at 2:30 p.m. and requested that Council proclaim Aprfl 28, 1998 as a Day of
Mourning.
ORDERED on the motion of AIde,,an Cummings, seconded by Alderman Wing, that Aprfl
28, 1998 be proclaimed as a Day of Mourning, and further that the flags be lowered at half
mast at City Hall on that day. Carried Unanimously
Fire Safe~_ in the Home
Fire Chief, Peter Corfield referred to the recent tragic events that had resulted in
the deaths of nine (9) people due to individuals not paying attention to fire safety; the lack
of smoke alar/~;s; careless use of smoking and advised that the two major groups that
are the most vulnerable are the youth and seniors were the most vulnerable in such
situations. Chief Corfield introduced Director C. (Barney) Ruddell who provided
background information on the use of carbon monoxide detectors.
- AND -
FD-98-03 - Chief Administrative Officer - Re: Fire Safety in the Home. The report
recommends that the report be for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Campbell, that
the report be received and adopted. Carried Unanimously.
Cenadian Cancer Socie~_
Ms. Carolynn Ioannoni, addressed Council on behalf of the Canadian Cancer
Society advising that April was Cancer Month and that the first week of April was "Daffodil
Week". She indicated that April jth, 1998 was the Niagara Falls Cancer Stair Climb and
encouraged members of Council ~,o participate.
Council Pa_v Increases
Daryl Hoffmann and Pmr~ Jones addressed Council expressing their concerns
respecting the pay increase approved by City Council on March 23, 1998 and suggesting
that Council receive a yearly increase as per the Consumer Price Index to include the
current yeaFs formula; requested ~nat Council make a public statement indicating they do
not believe in the 23% increase ~,r~d not accept it.
His Worship Mayor Thomspn thanked the presenters for their comments.
COMMUNICATIONS
Communication No. 96a)- M~. Robert O'Donnell, Vice President, Electrical
Contractors Association of Onte~'io (ECAO) - Re: Contract 98-01, General Maintenance
Pole Replacement and Installation of New Street Lighting Fixtures. The communication
expresses concern with regard to ~,~e awarding of the contract for the above project and
requesting information as to the criteria used to evaluate the tenders under the Unbalanced
Tender clause. - AND - Communi~ation No. 96b) - Correspondence from R. O. Kallio,
City Solicitor. The communicatio~ refers to the Freedom of Information Request 98-04;
Re: Contract 98-01, Street Light ~pintenance.
ORDERED on the motion of AIderrnan Cummings, seconded by Alderman Janvary, that
the communication be received and filed.
Communication No. 97- Sandy Baumgartner, Canadian Wildlife Federation ~ Re:
Proclamation. The communication requests that April 5h to April 11th, 1998 be
proclaimed as "National Wildlife Week: and that June Eh, 1998 be proclaimed as "Oceans
Day".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the requests be supported subject, to established policy. Carried Unanimously.
Communication No. 98 - Ministry of Municipal Affairs and Housing - Re: Body Rub
Parlours. The communication advises of the municipality's special authority under the
Munick)al Act to license and regulate such businesses, including regulating the areas in
which they may operate.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the communication be received and filed for Information. Carded Unpnimou$1y.
Communication No. 99- Karl D. Jaffary, Q,C., of (~l~vling, Strathy & Henderson - Re:
Consulate Ventures Inc. v. Northam Inc.. The communication attaches a cheque in the
amount of $10,000.00 payable to the City of Niagara Falls in full satisfaction of the costs
awarded by the Honourable Mr. Justice Rosenberg.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
communication be received and filed.
Communication No. 100. Proclamation. Proc/aiming the Week of Ap#l gh to April 11th,
1998 as "Building Safety Week" in the City of Niagara Falls.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
week of April 5~ to April 11~, 1998 be proclaimed as building Safety Week in Niagara Falls.
Carded Unanimousl_v.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the actions taken on the following matters by Community Services Committee, earlier this
evening, be approved:
1. Adoption of the March 23, 1998 Community Services Committee minutes;
2. That information be received on the solid waste collection harmonization plan;
3. That the City proceed with the installation of a Iow pressure sewer system on
Thorold Stone Road east of Garner Road, using the proceeds from the sale of Hatie
Avenue to fund the cost of the forcemain on the road allowance with the balance
being the responsibility of the property owners under Section 9 of the Local
Improvement Act.
The motion Carded with Alderman Volpatti voting contrary to the motion dealing with the
matter of using the proceeds from the sale of Hatie Avenue; Alderman Campbell abstaining
from the vote on Item tk3 because members of his family reside in the area, and with all
others voting in favour.
REPORTS
MW-98.48 - Chief Administrative Officer - Re: Municipal Parking & Traffic Committee
Recommendations, March f7, f998 Meeting. The report recommends the following:
1. St. Paul's Church - Sunday Parking in Municipal Parking Lot #18 - that the request
to extend the hours of free parking for St. Paul's Evangelical Lutheran Church, on
Sundays, from 9:00 a.m. to 5:00 p.m., instead of 9:00 a.m. to 2:00 p.m. be
approved;
2. MW-98-37 - Clark Avenue - Parking Restrictions - that 1) the existing parking
restriction situated on both sides of Clark Avenue, just north of Robinson Street be
reduced to 20 metre comer restrictions; 2) that the existing two-hour parking zone
situated on the east side of Clark Avenue, just south of Ferry Street, be removed;
3) that parking stalls be pained on both Clark Avenue and Buchanan Avenue
between Robinson Street and Ferry Street; 4) that this matter be reviewed by staff
following the 1998 tourist season;
3. Ontario Traffic Conference - Annual Parking Workshop, Guelph, Ontado - that 2) the
Municipal Parking and Traffic Committee, sponsor a coffee break, at a cost of
$125.00 (to be taken from the Parking Fund), at the Fall Ontario Traffic Conference
Annual Parking Workshop, to be held in Guelph, Ontario; 2) that the City Clerk issue
a challenge to other municipalities in Ontario to sponsor an activity at the Fall
Workshop.
!11 I II fl Illlllr I
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimousl_v.
MW-98-49 - Chief Administrative Officer- Re: Amendments to the Disabled Parking
By-law No. 94-262. The report recommends that the by-law, amending By-law No. 94-
262, appearing later on tonight's agenda, be approved.
ORDERED on the motion of AIden-r~an Cummings, seconded by Alde~rr~an Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 98-04
MW-98-50 - Chief Administrative Officer - Re: Tender 4-98, New Equipment
Purchases. The report recommends that the following tenders be accepted:
1. For three (3) latest model mid-size 4-door sedans be awarded to the/ow bidder,
Auto/and Chrysler, Niagara Falls, Ontario for a total price of $53,568.15;
2. For three (3) latest model gasoline fuelled pickup trucks be awarded to the Iow
bidder, John Bear Pontiac Buick, St. Catharines, Ontario for a total price of
$65,877.75;
3. For three (3) latest model 2-passenger window mini-vans be awarded to the Iow
bidder, Checkpoint Chrysler, St. Catharines, Ontario for a total price of $63,480.00.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
matter be deferred for one (1) week for further information. Carried Unanimousl_v.
MW-98-52 - Chief Administrative Officer - Re: Objection by Mr. Arthur Varty
Proposed Road between Lyons Parkway and Chippawa West- Phase II Subdivision.
The report recommends the following:
1. That the roadway connection between Lyons Parkway (Block 183) and the
Chippawa West - Phase II Subdivision not be constructed at this time;
2. That the Developer of the Chippawa West - Phase II Subdivision be required to
provide another entrance onto Sodom Road;
3. That the City undertake to close the dangerous intersection of Lyons Parkway and
Lyons Creek Road and that the roadway linking Lyons Parkway and the Chippawa
West - Phase II Subdivision be constructed at a later date in order to integrate
Lyons Parkway into the neighbourhood.
Mr. Arthur Varty and Mr. Andrew Orr were in attendance.
The Director of Community Services advised that discussions on the matter had
centered around the issue of blocking off the roadway next to Mr. Varty's property.
It was noted that Mr. Varty did not wash to have the road opened between Lyons
Creek Parkway and the new subdivision.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
matter be deferred for further discussion. The motion Carded with Alderman Pietrangelo,
abstaining from the vote on a conflict of interest because a family member owns land in
the area and with all others voting in favour.
I111 III I I III IIIIll[ I
R-98-20 - Chief Administration Officer - Re: Actions Stemming from the
Environmental Planning & Greening Committee Meeting of March 11, 1998. The
report recommends that Council endorse the actions of the March 11, 1998 meeting of the
Environmental Planning and Greening Committee.
ORDERED on the motion of AIderrr~an Janvary, seconded by Alderman Pietrengelo, that
the report be received and adopted. Carried Unanimousl_v.
See Resolution No. 26
CD-98-14 - Chief Administrative Officer- Re: Bingo Totals for 1997. The report
recommends that this report be received for the information of Council.
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the
report be received and filed for the information of Council. The motion Carded with
Alde.r~en Craitor, Cummings and Michalczyk abstaining from the vote on conflicts of
interest previously noted and with all others voting in favour.
CD-98-15 - Chief Administrative Officer - Re: Amendment to Lottery Licence Fee
Schedule. The report recommends the following:
1. That Council adopt the new fee schedule for lottery licensing effective immediately;
2. That Council pass the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report
be received and adopted. The motion Carried with Aldermen Craitor, Cummings and
Michalczyk abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 98-68
CD-98-16 - Chief Administrative Officer. Re: Pooling of Bingo Funds. The report
recommends the following:
1. That Council endorse the concept of pooling of bingo funds, subject to the
establishment of a municipal policy. The decision to pool will be made by each
individual charity sponsor association. It will not be mandatory for all bingo halls.
2. That the moratorium on the pooling of bingo funds be extended until the municipal
policy is approved and implemented.
ORDERED on the motion of Alderman Janvary, seconded by Aldem,an Volpatti, that the
matter be deferred. The motion Carded with Aldermen Craitor, Cummings and Michalczyk
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
RESOLUTIONS
NO. 26 - JANVARY- PIETRANGELO - WHEREAS the Council of the City of Niagara
Falls, on the thirtieth day of March, 1998, agreed that the week of June I to June 7, 1998
be designated as Environment Week in the City of Niagara Falls; AND WHEREAS
Environment Week will stimulate interest in and knowledge of the environment; AND
WHEREAS the City of Niagara Falls encourages local residents, schools and industries
to participate in any activities planned for Environment Week; NOW THEREFORE BE IT
RESOLVED that by and with the approval of the Council of our City of Niagara Falls, the
week of June 1 to June 7, 1998 is hereby proclaimed as Environment Week in the City of
Niagara Falls; And the Seal of the Corporation be hereto
affixed. Carded Unanimously
;l:ll I II II11111/ I ~
BY. LAWS
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98-64 A by-law to amend By-law No. 94-262 being a by-law to require owners and
operators of public parking facilities to provide designated parking spaces
reserved for the sole use of vehicles operated by or carrying disabled
persons.
98-67 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Parking, Limited Parking).
98-68 A by-law to set fees for lottery licensing.
98-69 A by-law to designate certain land not to be subject to part lot control.
96-70 A by-law to autho#ze the executic ~ of a Development Agreement with River
Realty Development (1976) Inc. respecting Greendale Street Development.
The motion Carrfed with Aldermen Craitor, Cummings and Michalczyk abstaining from the
vote on By-law No. 98-88 on conflicts of interest ~reviously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Pietrangt~lo, seconded by Alderman Feren, that the
fo/lowing by-laws be now read a second and third time:
98-64 A by-law to amend By-law No. 94-262 being a by-law to require owners and
operators of public parking facilities to provide designated parking spaces
reserved for the sole use of vehicles operated by or carrying disabled
persons.
98-67 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Parking, Limited Parking).
98-68 A by-law to set fees for lottery licensing.
98-69 A by-law to designate certain land not to be subject to part lot control.
98.70 A by-law to authorize the execution of a Development Agreement with River
Realty Development (1976) Inc. respecting Greendale Street Development.
The motion Carried with Aldermen Craitor, Cummings and Michalczyk abstaining from the
vote on By-law No. 98-68 on conflicts of interest previously noted and with all others voting
in favour.
NEW BUSINESS
CIo$ir~g of Pedestrian Brid~_e - Ch~=.nawa
Alderman Miichalczyk referred to correspondence from Ontario Hydro advising of
work being done on the control gates and the closing of the pedestrian bridge in Chippawa.
Letter of Condolence
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Cra/tot,
that a letter of condolence be forwarded to the Carmelite Fathers on the recent loss of Rev.
My/es Co/gan. Camed Unanimp~ly.
Niagara Falls Humane Socie~_
Alde~an Michalczyk reported that the Niagara Fa/is Humane Society was now
operating in the black.
Muni¢[oal Committee Recoqnizinq Mr. James Cameron
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Fisher, that a Municipal Committee be formed to guide
all the efforts of the other committee in recognizing the efforts of Mr. James Cameron and
that Alderman Ed Michalczyk be appointed to Chair the Committee. Carried Unanimously.
Adult Video;; in Varie~_ Stores
Alderman Klm Craitor expressed concerns with respect to adult videos in variety
stores and requested that staff prepare a report on adult videos in vadety stores.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Campbell, that staff
prepare a report on adult videos in variety stores. Carded Unanimously.
Sutherland Cup Games
Alderman Klm Craitor referred to the Sutherland Cup games and the Round Robin
portion being played by the Jr. B Canucks and provided a schedule of upcoming games
Tax Freeze
Alderman Norm Puttick referred to a 2.5% freeze on taxation and was advised by
the Director of Finance this was a specific circumstance, dealing with historically lower,
small business assessment in Toronto.
Thorold Stone Bridge
Alderman Norm Puttick requested information on whether tenders had gone out for
the Thorold Stone Bridge and was advised by the Director of Municipal Works that tenders
had gone out and would be closing on April 22, 1998.
Status on new casino - Ontario Casino Corn. oration
Alderman Norm Puttick requested the status on the new casino and was advised
by His Worship Mayor Thomson that correspondence received from the Ontario Casino
Corporation indicated negotiations are in progress with an April 18, 1998 deadline;
following the successful completion of these negotiations, accelerated implementation and
planning will begin.
II1! I II II Illlll I i
CAW/ICA Packa_ae
Alderman Pat Cummings referred to the CAW package that had been provided to
members of Council and requested that Council read the material.
Cuttino_ of Trees
Alde~r~an Janice Wing proposed a motion that would require the Region to inform
nearby homeowners of the condition and the reason for the cutting down of trees in the
area. There was no seconder to the motion.
Uncollditional Grant to the Munic[g)ali~_
Mayor Thomson advised of the receipt of a $1.2 million unconditional grant from the
Provincial government to the municipality with part of the grant monies to be set aside for
transit reserves and part to be used in this year's budget.
Alderman No,, Puttick questioned whether there was an ulterior motive on the part
of the Provincial government and whether there were any more monies to be received.
He was advised by the Director of Finance that the local services re-alignment costs and
the value for the transit responsibilities were questioned by the Transit Commission and
it was discovered that the calculations for that value were in error. He further advised that
the unconditional grant was for the capita/ and operating costs related to transit
transportation.
Notice of Public Meetinu_s
His Worship Mayor Thomson informed of a Public meeting to be held at the Niagara
Falls Public Library, LaMarsh Room on March 31, 1998 at 7:30 p.m. to provide information
on the Mu/hem Park matter.
His Worship Mayor Thomson informed of a Public Meeting to be held at the Niagara
Falls Public Library, LaMarsh Room on April 1, 1998 at 7:00 p.m. regarding referendum
proposals.
Water Meter Com.nlaints
Mayor Thomson referred to correspondence from Mrs. Jane Embleton regarding
water consumption; water metered households and sewer services and read Mrs.
Embleton's apology to Mr. Mazone and requested that staff respond directly to Mrs.
Embleton's concerns.
ill II II I~ IIIlffr i ~
- 9 -
Traffic and Speedino_ Problems. Greendale Public School
Mayor Thomson referred to the concems expressed regarding the traffic and
speeding problems at Montrose Road in the area of Greendale Public School; referred to
discussions with the Region respecting the issue of cost-sharing for signalized arms
extending over the road; and further advised if the City approved the installation and
funding, that the Region would immediately install arms extending over the roadway,
signage and signal lights at the cost of $9,000.00 to the City.
ORDERED on the motion of Alderman Michalczyk, seconded by Alder~an Feren, that
Council approve the installation and funding of traffic controls in the Greendale Public
School area. The motion Carried with Aldermen Campbell, Janvary and Pietrangelo
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
1,............ MA YOR WA YNE THOMSON
· ~li I I I Il IIIIII I [
TENTH MEETING
Committee-of-the-Whole
Committee Room #2
April 6, 1998
Council met on Monday, April 6, 1998 at 6:30 p.m. in Committee-of-the-Whole. All
member of Council, with the exception of Alderman Puttick, who was away due to a family
illness, were present. Alderman Se#ha Volpatti presided as Cha;ff~an.
Following consideration of the items presented, The Committee-of-the-Whole did
not rise to report.
READ AND ADOPTED,
MA YOR WA YNE THOMSON
PLANNING MEETING
Council Chambers
April 6, 1998
Council met on Monday, April 6, 1998 at 7:00 p.m. for the purpose of considering
Planning/Regular Business matters. All members of Council, with the exception of
Alderman Puttick, who was away due to a family illness, were present. Alderman Victor
Pietrangelo offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Wing indicated a pecuniary interest on Report F-98-23, Cheque No.
236767, because she is Chair of the interest group; and indicated a pecuniary interest on
Cheque No. 236558 and 236 615 because she has a business relationship.
Alderman Cummings indicated a pecuniary interest on Report F-98-23, Cheque No.
236430 and 236656, because the recipient is Acres; indicated a pecuniary interest on
Cheque Nos. 236561; 236574; 236695 and 236749 because a member of his family is
employed by the Region; and indicated a pecuniary interest on Report No. MW-98-53
because Acres is involved; and on Report CD-98-17 because he is a member of a service
club that conducts bingos.
Alderman Pietrangelo indicated a pecuniary interest on Report F-98-23, Cheque No.
M92208 and M92210 because the School Board is his employer; and indicated a
pecuniary interest on Report PD-98-43 because a family member owns land in the area.
Aldermen Campbell and Janvary indicated pecuniary interests on Report F-98-23,
Cheque No. M92208 because they are employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-98-23, Cheque Nos.
236574; 236561; 236695 and 236749 because a member of his family is employed by the
Region; and indicated a pecuniary interest on Report CD-98-17, because he is involved
with an organization that runs a bingo.
Alderman Michalczyk indicated a pecuniary interest on Report CD-98-17 because
he is a member of an organization that is involved with bingos.
PLANNING MA TTERS
PD-98-43 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-7/98, 4425 First Avenue, Farr Lumber Ltd. The report recommends the following:
1. That Council approve the requested amendment for lands known as 4425 First
Avenue (Farr Lumber Ltd.) to permit the outside storage of finished goods for
display purposes and the exchange of propane bottles within the front yard of the
property;
2. That the application be conditional upon the upgrading of the fencing along the west
property line in order to improve the pdvacy for abutting properties.
- AND -
Communication No. fOr - Mrs. K. Jean, 'f.'f.'f. 2 Second Avenue. The communication
advises as being opposed to the application.
Communication No. 102 . Mr. Clemence Gill, 4435 Second Avenue. The
communication expresses concerns with respect to the storage of propane bottles within
a landscaped area.
Communication No. fO3 - The City of Niagara Falls, Building Division. The
communication comments that a permit is required for any demolition of a dwelling; that
storage of all propane tanks are subject to the Fire Code and shall be reviewed by the
City's Fire Prevention Office and that any building enclosures are subject to Building
Permits.
Communication No. 104 . The Regional Municipality of Niagara. The communication
advises as having no objections to the application and comments on the Regional
requirements with respect to the development.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on Mamh 6, 1998.
I111 I[ I I II1 iiiil~r I ~
His Worship Mayor Thomson received indication that Mr. Steve Parker, was in
attendance on behalf of the applicant and received a negative response to his request for
a show of hands by persons present who were interested in the application. He requested
that al/persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and positive
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; discussed the Background; Planning Review and the Public
Notification Process and advised that the outside storage area was to be used for the
purpose of storage and finished goods; further improvement of fencing for the privacy of
residents.
Mr, A. Loney, 4425 Second Avenue expressed concems on the proximity of the
proposal to his residence; the proposed propane tank storage.
Mr. Steve Parker, Manager, Farr Lumber provided clarification with respect to the
proposed sheds, stating they would strictly be used for display purposes only; and
advised that the propane storage area, would have pre-filled and empty cylinders stored
in a steel caged, locked area. Mr. Parker also indicated that the fencing could be upgraded
and more lighting could be provided in the parking area.
Discussions ensued on the provision of privacy fencing and the use of a control
gate; the use of a separation between the parking stalls and the propane storage tanks;
that the residents be involved in the site plan process and further that the applicant comply
with the conditions as requested.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-07-98 closed.
On the motion of Alderman Wing, seconded by Alderman Craitor, that the matter dealing
with the propane tanks be separated from the balance of the report. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, to
approve the application subject to the conditions discussed and the site plan. Carried
Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the propane tank issue be deferred in order to allow further information on the matter.
Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the correspondence be received and filed. Carried Unanimousl_v.
il:Ii I [ I I] Illlllr ]
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the History, Planning Review and the Public
Notification Process.
His Worship Mayor Thomson referred to Communication No. 107b) - William
Slovak, Q.C. which requests that the letter of objection submitted by Tracy Nagy and Nikki
Nagy be withdrawn and that both support the rezoning application.
There was a positive response to Mayor Thomson°s request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. Patrick Robson, Willow Bay Consulting Services, indicated that the staff
recommendation report had been reviewed and that the applicant was in agreement with
staff's recommendations; expressed concerns on the issue dealing with incorporating the
remnant pamels of land which otherwise would be left in limbo as a result of the proposed
application
The Director of Planning and Development advised that there would be no access
and no land use proposal other than the property sitting there among numerous parcels
of land and further advised that discussions should be held regarding those remnant
parcels of land.
Mr. Robson advised that planning staff and himself would work toward an
acceptable solution to the issue.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-09-98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest and with all others voting in favour.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
the correspondence be received and filed. Carded Unanimousl_v.
PD-98-44- Chief Administrative Officer- Re: Subdivision Application & Zoning by-law
Amendment Application; City File: 26T-11-9801 and AM-6/98; Solomon Circle Plan
of Subdivision; Lakeshore Salon Ltd., cio Ernesto Bagnulo. The report recommends
the following:
1. That Council approve the Solomon Circle draft plan of subdivision subject to the
conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved"
twenty (20) days after notice of Council's decision has been given as required by
the Planning Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three (3) years, after which approval will lapse
unless an extension is requested by the developer and, subject to review, granted
by Council;
- 6 -
4. That Council approve the application to amend the Zoning By-law to provide the
necessary land use regulations to guide the development of the subdivision and the
construction of dwellings on the lots.
. AND -
Communication No. 108a) - Canada Post Corporation. The communication advises that
until the immediate site is ready for a permanent Community Mailbox site, the customers
will receive delivery via green group mailboxes located as close to the final site as possible.
Communication No. 108b) - Regional Niagara, Planning and Development
Department. The communication provides several comments to the application and
recommends appropriate noise control measures (fomed air heating with provision for
future central air installation); a noise warning clause, and appropriate lot grading and
erosion/sedimentation control measures.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on March 6, 1998.
His Worship Mayor Thomson received indication that Mr. C. Shedden, was in
attendance on behalf of the applicant and received a negative response to his request
for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the History, Planning Review; Official Plan;
Northwest Community Secondary Plan; Servicing and Development Standards; Regional
Comments; Trees Preservation and Parkland; Streetscape; Community Mailbox; Zoning
Amendment and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and in
opposition to the application.
Mr. C. Shedden, Solicitor, indicated that the applicants were satisfied with the
conditions in the planning report and requested that Council approve the plan of
subdivision.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Solomon Circle Plan of Subdivision closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
report be received and adopted. The motion Carded with Alderman Pietrangelo abstaining
from the vote on a conflict of interest because of the proximity to his residence and with all
others voting in favour.
~111 I~ Ii III IIIIIgr I
ORDERED on the motion of AIderman Volpatti, seconded by Alderman Campbell, that the
the correspondence be received and f#ed. Carried Unanimousl. v.
Prior to dealing with the two public meetings respecting Flemming Estates Draft Plan
of Subdivision and West Meadow Extension IV Draft Plan of Subdivision and to have public
input into the matter, His Worship Mayor Thomson referred to Mr. John Mu/hem's donation
of land to the City in 1948 for park purposes and to the exchange of lands which took
place in the 1970's. Mayor Thomson advised that the present Council had a responsibility
to return Mu/hem Park to its original location and site; and that negotiations with Mr.
Branscombe would be underway to satisfy the Mulhem family and residents.
The Director of Community Services indicated that all options would be pursued
with staff coming back to Council with the result being that the City re-acquires the land.
Following the discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Pietrangelo, that every effort be made to retum Mu/hem Park to its
original location and site. ¢~rried Unanimousl_v.
Report PD-98-46 - Chief Administrative Officer- Re: Public Meeting; West Meadow
Extension IV Draft Plan of Subdivision; File: 26T-11-9803; Owner: River Realty
Development (1976) Inc. The report recommends that Council consider input received
at the Public Meeting and refer all matters to staff for the review of the West meadow
Extension IV Draft plan of Subdivision.
- AND -
Communication No. 109a) - Mr. James French, 4410 Paddock Trail Drive. The
communication advises as being strongly opposed to any development which would
eliminate the trees and bush behind the properties on Paddock Trail Drive and Alpine
Drive.
Communication No. 109b) - Petition headed by Mr. Richard Sage, 4420 Paddock Trail
Drive. The petition indicates that "as citizens living on Alpine Drive and Paddock Trail
Drive, we formally appeal the proposed development of the former Board of Education
lands on Alpine Drive. This development would affect the existence of our tree line, we
purchased and built our homes here with the understanding that these trees would remain".
Communication No. 109c) - Petition headed by resident at 7946 Alpine Drive. The
petition indicates "as a citizen of the northwest community of Niagara Falls, we formally
appeal the proposed development of the former Board of Education lands on Alpine Drive,
and in particular, the loss of both Public and Separate schools for this area. We strongly
support the secondary plan as developed in 1982.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
His Worship Mayor Thomson received indication that Mr. John Mesteck, was in
attendance on behalf of the applicant.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the Proposal.
- AND.
PD-98-45 - Chief Administrative Officer- Re: Public Meeting; Flemming Estates Draft
Plan of Subdivision; File: 26T-11-9802; Owner: River Realty Development (1976) Inc.
The report recommends that Council consider input received at the Public Meeting and
refer all matters to staff for the review of the Fleming Estates Draft Plan of Subdivision.
- AND -
Communication No. 110a) - Mary P. Palmer (nee Mulhern). The communication
advises as being opposed to the Fleming Estates Proposal.
Communication No. 110b). Ms. Shirley Clair. The submission attaches a flyer and two
Petitions, which state that "this petition, dated March 26, 1998, is drawn as collective
agreement by the people, that Mu/hem Park remain; neither replaced, displaced, nor
compromised by any dwelling/dwellings which charge: past and present park location,
facilities and/or functions".
The Director of Planning provided clarification with respect to the notification
process.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
applications regarding Reports PD-98-45 and PD-98-46 be deferred pending the
finalization of the Mu/hem Park situation; and further that a subsequent public meeting be
held to consider the applications. Carried Unanimousl_v.
ORDERED on the motion of Aldefir~an Janvary, seconded by Alderman O~ that the
correspondence be received and filed. Carried Unanimousl. v.
PD-98-47- Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-8/98, 6378 Mountain Road & Lands to East; Albert Calaguiro; Proposed 35-Unit
Townhouse Project. The report recommends that Council approve the zoning by-law
amendment application to permit the development of a phased 34-unit townhouse project
conditional on the following:
I. The applicant completing a Phase Environmental Site Assessment and
implementing its recommendations;
2. The applicant making arrangements with the City to cover the costs of extending a
sidewalk across the frontage of the site.
- AND.
Communication No. 11fa)- Mr. Chris Cristelli, Chris Cristelli & Associates Inc. The
communication provides comments as a result of meetings held with the neighbours in the
area.
Communication No. 111b). Ontario Hydro. The communication advises that Ontado
Hydro Services Company has no objections to the proposed zoning, providing the
conditions as outlined in the communication are included as part of the site plan approval
process.
Communication No. 111b) Regional Niagara, Planning and Development Department;
and Regional Public Works Department. The communication advises as not being
opposed to the approval of the application subject to the requirements outlined by the
Regional Public Works Department; and that lot grading/drainage requirements be
addressed at the site plan approval stage.
I111 I!1Il I~ IIIIIIr I ~
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on March 6, 1998.
His Worship Mayor Thomson received indication that Mr. Chris Cristelli and the
applicant, Mr. Albert Calaguire were in attendance and received a negative response to
his request for a show of hands by persons present who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development refen~ed to the subject property with the
assistance of posted sketches; reviewed the Background; Planning Review; Location
Surrounding Land Uses; Official Plan; Environmental Issues; Project Design; Zoning;
Municipal Works Division; Parks, Recreation & Culture; Regional Public Works; Ontario
Hydro and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. Chris Cristelli advised that the staff recommendations had been reviewed and
that the applicant was in agreement with the recommendations.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-08-98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the correspondence be received and filed. Can~ed Unanimousl_v.
PD-98-48. Chief Administrative Officer- Re: Recommendation Report on Expansion
of the Garner Neighbourhood Residential Boundaries. The report recommends the
following:
1. That Council endorse the concept of the hydro corridor as the boundary for the
Garner Neighbourhood residential area in order to maintain a proper gradation and
transition of land uses respecting the heavy industrial operations further to the
south;
2. That with Council's endorsement of this report, copies of same be forwarded to
perspective applicants to provide direction and guidance where land use changes
may be contemplated.
10-
- AND -
Communication No. 112 - Correspondence from Mr. Brian N. Sinclair. The
communication advises as not objecting to the zoning change to residential for this
particular area if the lands north of McLeod Road were allowed to proceed to development
firsL
Mr. Angelo Palletta, Mississauga Food Processors, referred to the benefits of
the expansion of their lands into the Garner Neighbourhood; discussed servicing issues.
The Director of Planning and Development referred to the servicing infrastructure;
land use change; and advised that the City cannot promote further development until storm
sewer water management facilities are put in p/ace.
Concerns were expressed with respect to future complaints from residents due to
having industrial operations near residential areas.
The Director of Planning and Development responded that by maintaining the hydro
corddor in the south end of the City, this would provide a Iong-tefi-~ effective transition and
would provide long term protection that the industries need.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Cummings, that the report be received and adopted. The motion
Carried with Aldermen Campbell and Pietrangelo voting contrary to the motion and with
all others voting in favour.
ORDERED on the motion of AIderrnan Volpatti, seconded by Alderman Cummings, that
the correspondence be received and filed. Carried Unanimousl~v.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
Minutes of the Planning/Regular Council Meeting of March 9, 1998 be adopted as printed;
and that the Minutes of the Regular Council Meeting of March 23, 1998 be adopted as
printed. Carried Unanimously.
COMMUNICATIONS
Communication No. 113 - St. Andrew's United Church - Re: Inter-active prayer summit.
The communication requests that Council participate in a one-day interactive prayer
summit on Tuesday, June 16, 1998 from 9:30 to 10:00 a.m.
ORDERED on the motion of AIde~r~an Cummings, seconded by Alderman Pietrangelo, that
the Mayor and members of Council participate in the inter-active preyer summit.
Carded Unanimousl_v.
Communication No. 114 - Canada Book Day- Re: Proclamation. The communication
requests that Council proclaim April 23, 1998 as "Canada Book Day"
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the request be approved subject to established policy. Carded Unanimousl_v.
~II I!1 I II1 IIIIIll I
11
Communication No. 115 - Chair, Management Board of Cabinet - Re: Special
Circumstances Fund. The communication provides information with respect to the special
circumstances fund designed to provide a one-time only assistance to those municipalities
which can demonstrate special needs related to their new responsibilities and a plan to
deal with these costs in subsequent years.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Council endorse the submission of a funding application. Carried Unanimousl_v.
Communication No. 116 - Niagara Strings Inc. - Re: Sunday Evening Time Slot - 9:15
p.m.. The communication requests that Niagara Strings Inc. be allowed to return to their
previous calendar of events, which would be weekly at 9:15 p.m. on Sunday at Delta
Monte Carlo.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
matter be referred to staff. Carried Unanimously.
REPORTS
MW-98-53 - Chief Administrative Officer- Re: Quotation for Hydrogeological
Monitoring for Mountain Road Landfill Site. The report recommends that the unit p#ces
submitted by the lowest tender, Terraprobe limited be accepted and the By-law be
passed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Aldermen Campbell, Craitor and
Wing voting contrary to the motion; and Alderman Cummings abstaining from the vote on
a conflict of interest because Acres was involved and with all others voting in favour.
See By-law No. 98-73
MW-98-54 - Chief Administrative Officer- Re: Contract 98-150-96, Watermain
Replacement Program. The report recommends that the unit prices submitted by the
lowest tender, Trenchline and Roads Inc. be accepted and the By-law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-75
R-98-22 - Chief Administrative Officer- Re: Public Meeting held on Mulhern Park.
The report recommends that staff investigate various means of acquiring the original park
donation made by the Mulhem family in 1948; and further that staff report back to City
Council on this issue.
- AND -
Communication No. 117- Mrs. D,G. Mulhern. The communication advises as objecting
to the proposal.
Communication No. 118 - Sarah Mulhern Connell & Elizabeth Mulhern McMullen. The
communication advises as being opposed to the proposal of moving the existing Mulhem
Park from its original location
ORDERED on the motion of AIderman Cummings, seconded by Aldeirr~an Pietrangelo, that
the report be received and forwarded to the next Council meeting. Carried Unanimousl_v.
ORDERED on the motion of Alderman Cummings, seconded by Aldefrr~an Pietrangelo, that
the correspondence be received and filed. Carried Unanimously.
12 -
Comorate Services Committee Actions
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. To adopt the Minutes of the March 23, 1998 Corporate Services Meeting;
2. R-98-23 - Young Family Endowment Fund Awards - that the criteria for the Young
Family Endowment Fund be accepted as presented in Report R-98-23;
3. F-98-19 - Scotia Investments Management Ltd. Investments Report - that the 1997
Scotia Investments Management Ltd. Investments Report be received for
information;
4. F-98-25 - Annual Review of Investment Policies - to approve the amended
investment policies for Trust Funds, Reserve Funds and Revenue Funds;
5. F-98-23 - Municipal Accounts - to approve the accounts totalling $10,504,638.09
for the pedod ending Apdl 6, 1998;
6. F-98-24 - Capital Financing and Debt Management Po/icy and Guidelines - that the
Capital Financing and Debt Management policy and guidelines set out in Report F-
98-24 be adopted, and that staff be directed to comply with the requirements of this
policy and guidelines in the preparation and implementation of all future capital
budgets and long-term financing plans;
7. 1998 Ontario Traffic Conference Convention Sponsorship - that the City host a
luncheon for the delegates of the 1998 Ontado Traffic Conference;
8. That Apd120, 1998 will be set aside for Budget discussions and that Council will rise
and report that night; if Budget discussion are not concluded, Council will rise and
report at the Council meeting of April 27, 1998.
Carried
CD-98-17 - Chief Administrative Officer - Re: Probationary Bingo Licences. The
report recommends that this report be received and f'lled for the information of Council.
ORDERED on the motion of AIderman Feren, seconded by Alderman Pietrangelo, that the
report be received and filed. The motion Carried with Alderman Craitor, Cummings and
Michalczyk abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
L-98-f5 - Chief Administrative Officer- Re: Proposed new Municipal Act. The report
recommends that the report be for the information of Council.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
matter be deferred for further information. Carried Unanimousl. v.
L-98-22 - Chief Administrative Olf';cer- Re: Parking Agreement between 1081956
Ontario Limited, f228851 Ontario Ltd. and the City. The report recommends to
authorize an agreement between 1081956 Ontario Limited, 1228851 Ontario Ltd. And the
City for the purpose of satisfying one of the conditions of a Site Plan Agreement, with
respect to parking.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Cerded Unanimously.
I11 il I Iii IIIIIll I ]
13 -
BY-LAWS
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-71 A by-law to designate certain land not to be subject to part lot control.
98-72 A by-law to authorize an Agreement, dated January 29, 1998, between
1081956 Ontario Limited, 1228851 Ontario Ltd. And The Corporation of the
City of Niagara Falls for the purpose of satisfying one of the conditions of a
Site Plan Agreement of even date, with respect to parking.
98-73 A by-law to authorize the execution of an agreement with Terraprobe Limited
respecting hydrogeological monitoring for the Mountain Road Landfill site.
98-74 A by-law to approve and adopt a two-year Plan, for rental increases for the
Arena Operations.
98-75 A by-law to authorize the execution of an agreement with Trenchline &
Roads Inc. respecting the supply of matedal and service for the waterrnain
replacement program, on Oakwood Drive, Byng Avenue and Monroe Street.
98-76 A by-law to provide monies for General Purposes (April 6, 1998)
The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 98-
73 on a conflict of interest previously noted and Aldermen Campbell, Craitor and Wing
voting contrary to the motion on By-law 98-73; and Aldermen Wing; Pietrangelo; Janvary;
Campbell; Creitor and Cummings abstaining from the vote on By-law No. 98-76 on conflicts
of interest previously noted and with all others voting in favour.
ORDERED on the motion of AIde~rr~an Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-71 A by-law to designate certain land not to be subject to part lot control.
98-72 A by-law to authorize an Agreement, dated January 2g, lgg8, between
1081956 Ontario Limited, 1228851 Ontario Ltd. And The Corporation of the
City of Niagara Falls for the purpose of satisfying one of the conditions of a
Site Plan Agreement of even date, with respect to parking.
98-73 A by-law to authorize the execution of an agreement with Terraprobe Limited
respecting hydrogeological monitoring for the Mountain Road Landfill site.
98-74 A by-law to approve and adopt a two-year Plan, for rental increases for the
Arena Operations.
98-75 A by-law to authorize the execution of an agreement with Trenchline &
Roads Inc. respecting the supply of material and service for the watermain
replacement program, on Oakwood Drive, Byng Avenue and Monroe Street.
98-76 A by-law to provide monies for General Purposes (April 6, 1998)
14.-
The motion Carried with Alder~r~an Cummings abstaining from the vote on By-law No.
98-73 on a conflict of interest previously noted and Aldermen Campbell, Craitor and Wing
voting contrary to the motion on By-law 98-73; and AIdermen Wing; Pietrangelo; Janvary;
Campbell; Craitor and Cummings abstaining from the vote on By-law No. 98-76 on conflicts
of interest previously noted and with all others voting in favour.
Bo_vs' & Girls' Club of Nia~_ara
Aldefir~an Victor Pietrangelo referred to the Boys' & Girls' Club El/m/nation Draw and
Dinner Dance to be held on April 18, 1998 and invited everyone to attend.
Dum_oina_ of Garbage
Alderman Ken Feren referred to concems expressed regarding the dumping of
garbage Thorold Stone and Mountain Road and requested that the matter be looked into.
Bursa~_ from Niaqara Colleq_e Foundation
Alderman Wayne Campbell provided information on the City of Niagara Falls
Bursary from the Niagara College Foundation, to be awarded annually to a student in
financial need.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that a
letter of appreciation be forwarded to the Niagara College Foundation. Carried
Unanimousl. v.
Niau_ara Falls Jr. B Canuck;
Alderman Kim Craitor provided information on the upcoming games of the Niagara
Falls Jr. B Canucks in Niagara Falls against the Elmira Sugar Kings on April 10, 1998.
Burbank Crescent and Thorold Stone Road
His Worship Mayor Thomson referred to correspondence received from Mr. Ted
Shuttler and residents on Burbank Crescent whose properties back onto Thorold Stone
Road; expressing concerns with respect to traffic problems; safety; privacy; noise pollution,
and by-law fencing restrictions. The communication requests that the by-law fencing
restrictions be removed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the
matter be referred to staff for a report. Carried Unanimously.
Il! ~,1 I ; Ill Illllll I
15 -
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
the meeting be adjoumed. Car~ed Unanimously
READ AND ADOPTED,
ELEVENTH MEETING
COMMITTEE -OF- THE-WHOLE
Committee Room #2
April 20, 1998
Council met on Monday, April 20, 1998, at 4:30 p.m. in Committee-of-the-Whole.
All members of Council, were present. Alderman Victor Pietrangelo presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
...... ...........................
SPECIAL COUNCIL MEETING
Committee Room #2
April 20, 1998
Council met on Monday, Apd120, 1998 at 7:40 p.m. in a Special Council meeting
to consider Regular Business matters. All members of Council were present.
DISCLOSURES OF PECUNIARY INTERESTS
Aldefi-r~an Cummings indicated a pecuniary interest on Cheque Nos. 236887 and
236916 because the recipient is Acres.
Alderman Michalczyk indicated a pecuniary interest on Cheque No. 236782 and
those portions of Reports F-98-27, F-98-28 and F-98-29 dealing with the Fire Department
because he is a volunteer fire fighter.
Alderman Orr indicated a pecuniary interest on Cheque Nos. 236881 and 236792
because her employer has an interest.
Aldermen W*~ng indicated a pecuniary interest on Cheque Nos. 236835 and 236809
because of a business relationship.
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIdefir~an Cummings, seconded by AIderman Pietrangelo, that
the actions taken on the following matters by the Corporate Services Committee, earlier
this evening, be approved:
1. Adoption of the minutes of the Corporate Services Committee meeting of
April 6, 1998;
2. Report F-98-26 - That the Municipal Accounts in the amount of $886,784.05 for the
period ending April 20, 1998, be approved.;
3. Report F-98-27 - That the 1998 General Purposes Budget be approved with the
following amendments:
That an amount of $250,000 be used from the Ontario Provincial Grant from the
Municipal Capital and Operating Restructuring Fund for the purposes of Road
Maintenance and Beautification.
That the Ontario Provincial Grant from the Municipal Capital and Operating
Restructuring Fund be reported under the sub-heading "Ontario Unconditional"
rather than "Ontario Specific", Revenues - Grants and Subsidies.
4. Report F-98-28 - That the 1998 Capital Construction Budget be approved as
presented.
5. Report F-98-29 - That the 1998 Water Budget be approved as presented.
6. That the 1998 Parking Budget be approved as presented.
The motion Carded with Aldermen Puttick and Wing voting contrary to the motion
on matters dealing with the 1998 Budget; Aldermen Cummings, Michalczyk, Orr and Wing
abstaining on conflicts of interest previously noted and with all others voting in favour.
See By-law No. 98-80
REPORTS
L-98-21 - Chief Administrative OfFicer - Closing and Declaring Surplus Part of
Edgeworth Road. The report recommends the following:
1) That the portion of Edgeworth Road, described as Part 3 on Reference Plan 59R-
10262, be stopped up and closed.
2) That the said portion of Edgeworth Road, so closed, be declared surplus and notice
be given to the public that the property has been declared surplus to the City's
needs and that there is a proposed sale to the sole abutting owner, The Niagara
Parks Commission.
ORDERED on the motion of Alderman Volpatti, seconded by Alder~r~an Pietrangelo, that
the report be received and adopted. Carried Unanimousl_v
See By-law No. 98-77
See By-law No. 98-78
RA TIFICA TION OF THE COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matter by Committee of the Who/e, earlier this evening,
be approved:
1. That Council approve the payment of the account of Mr. Fraser in the amount of
$17,000.00. Carded Unanimousl. v.
~11 II I III IIIIIll I
- 3-
8y-LAWS
ORDERED on the motion of AIderman Cummings, seconded by Alde~f~an Pietrangelo, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-77 A by-law to stop up and close part of Edgeworth Road, designated as Part
3 on Reference Plan No. 59R-10262.
98-78 A by-law to declare surplus part of Edgeworth Road, designated as Part 3
on Reference Plan No. 59R-10262.
98-79 A by-law to authorize the execution of a Subdivision Agreement with
1251435 Ontario Limited respecting the Imperial Estates Subdivision.
98-80 A by-law to authorize monies for General Purposes (April 20, 1998).
The motion Car~ed with Aldermen Cummings, Michalczyk, Orr and Wing abstaining from
the vote on By-law No. 98-80 on conflicts of interest previously noted.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk ,
that the following by-laws be now read a second and third time:
98-77 A by-law to stop up and close part of Edgeworth Road, designated as Part
3 on Reference Plan No. 59R-I0262.
98-78 A by-law to declare surplus part of Edgeworth Road, designated as Part 3
on Reference Plan No. 59R-10262.
98-79 A by-law to authorize the execution of a Subdivision Agreement with
1251435 Ontario Limited respecting the Imperial Estates Subdivision.
98-80 A by-law to authorize monies for General Purposes (April 20, 1998).
The motion Car~ed with Alde~r~en Cummings, Michalczyk, Orr and Wing abstaining from
the vote on By-law No. 98-80 on conflicts of interest previously noted.
NEW BUSINESS
Ma_vor's Pra_ver Breakfast
Alderman Paisley Janvary reminded Council members of the Mayor's Prayer
Breakfast on Wednesday, April 22, 1998.
No Smoking on Hospital Property_
Alderman Norm Puttick suggested that the members of Council who sit on the
Hospital Board, request the Executive to consider posting a "No Smoking on Hospital
Property" sign.
Bicycle Rack
Alderman Judy Orr requested a bicycle rack be purchased for City Hall and was
advised that this matter was being looked at and a report would be forthcoming.
- 4 -
ORDERED on the motion of Alderman Orr, seconded by AIderman Fisher, that the meeting
be adjourned. Ca~ed Unanimously.
READ AND ADOPTED,
MAYOR WA YNE THOMSON
[1] [I [ III Illll[ I ]
TWELFTH MEETING
Committee-of-the-Whole
Committee Room #2
April 27, 1998
Council met on Monday, April 27, 1998 at 6:30 p.m. in Committee-of-the-Whole. All
members of Council, with the exception of Alderman Orr, who was away due to an illness
in the family, were present. Alderman Paisley Janvary presided as Chairman.
Following consideration of the items presented, The Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
April 27, 199S
Council met on Monday, April 27, 1998 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Orr,
who was away due to an illness in the family, were present. Alderman Paisley Janvary
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Michalczyk, that the Minutes of the Regular Meeting of March 30, 1998; the Minutes of the
Planning/Regular Meeting of April 6, 1998 and the Minutes of the Special Meeting of April
20, 1998 be adopted as printed. Carried Unanimousl_v.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Wing indicated a pecuniary interest on Report F-98-30, Cheque Nos.
236954 and 237020, because she has a business relationship.
Aldenr/en Cummings and Craitor indicated pecuniary interest on Report F-98-30,
Cheque Nos. 237030; 236958 and 236971 because members of their family are employed
by the Region.
III] Il [ Ill [IM Ill I I i
Aide,man Cummings indicated a pecuniary interest on Report F-98-30, Cheque No.
237083 because Acres is involved.
Alderman Fisher indicated a pecuniary interest on Report MW-98-61, because her
employer was a bidder on the tender
Alderman Pietrangelo indicated a pecuniary interest on Reports PD-98-49 and
PD-98-52 because he lives in the area.
Prior to dealing with Regular Council Business, His Worship Mayor Thomson
extended best wishes to COGECO Cameraman, Daryl Pdest on the occasion of his
birthday.
DEPUTATIONS
Tribute to James Cameron
Ms. Dianne Cartmell, Chairperson, James Cameron Welcoming Committee,
advised members of Council that Oscar-winning movie Director, James Cameron would
be honored by the community on June ~h, and June 6th, 1998 for his "Distinguished
Contribution to the Arts of Filmmaking" and that his visit would coincide with the first
annual Niagara Film Festival; she provided information on the installation of a
commemorative sign to be placed over top of the Parkway Ddve sign; the circulation and
signing of a scroll by the community and presented to Mr. Cameron; and the placement
of a monument along the Parkway Drfve in honour of Mr. James Cameron. Ms. Cartmell
requested that consideration be given to providing financial assistance and services in
kind.
Following the discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Michalczyk, that the matter be referred to staff for further details
and discussion. Carded Unanimousl. v.
Prqiect S.H.A.R.E.
Roxanne Felice, Executive Director, Project Share and Mr. David Haggerty,
provided information on the upcoming fundraiser, "The International Gourmet Restaurant
Walking Tour~' involving six restaurants. Mr. Haggerty indicated that the objective was to
raise funds for Project SHARE to help feed people in need and invited members of Council
and the community to attend.
Alde,,an Craitor presented a cheque in the amount of $100. O0 to Project SHARE
and suggested that fans donate a can of food at the Apd130, 1998, Jr. B Canucks game.
Alderman Campbell stated that he would make a personal donation of $200.00
towards Project SHARE and challenged members of Council to also use their 23%
increase within the community.
Ill I Ill Illl[ll 1 i ,
Trumpet in My Ear Productions
Mr. Phil Novak provided information on a new musical, composed by Mr. George
Hall, that would be opening at the Sky/on Tower on May 30, 1998 and extended an
invitation to Council and the community to attend.
Mult(nle Sclerosis So¢ieW_
Ms. Belinda Yorke introduced Campaign Chair, Wendy Thomson; provided
information on Multiple Sclerosis and the annual carnation campaign. She advised that
the Multiple Sclerosis Society would be celebrating its 50~h Year of helping people with the
disease and requested that May 7, 8 and 9, 1998 be proclaimed as "Multiple Sclerosis
Weekend".
Ms. Yorke thanked Mayor Thomson for his participation in the recent MS Super
Cities Walk.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the requested be approved. Carried Unanimously.
The Salvation Army Campaio_ n
Captain Stan Carr informed members of Council of The Salvation Army's 1998
door-to-door campaign being conducted on May 4, 1998; and presented His Worship
Mayor Thomson with the campaign flag to be flown at City Hall for the month of May.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
Council supports the campaign and pe~r, its the flag to be flown at City Hall during the
month of May. Carried Unanimousl. v.
A.N. Myer Seconda~_ School 40~ Anniversa~_ Reunion
Mr. David Brown and Mr. Barry Allan, A.N. Myer Secondary School, provided
information on the planned activities in celebration of their upcoming 4(Y~ Anniversary
Reunion; requested that Friday, May 1, 1998 be declared "A.N. Myer Day" in Niagara Falls;
and presented a souvenir of the event to His Worship.
Messrs. Brown and Allan thanked Mayor Thomson and members of Council for their
support.
ORDERED on the motion of AIderman Campbell, seconded by Alderman Volpatti, that the
request be approved. Car~ed Unanimously.
48~ Annual Ontario Traffic Conference
Mr. Greg Dell, President and Mr. Peter Crockett, Vice President, Ontario Traffic
Conference referred to the upcoming 4g~ Ontario Traffic Conference to be held in Niagara
Falls from May 3 - May 5, 1998; thanked Mayor Thomson and members of Council for their
support and encouragement.
Heart Niaqara - "Hearts in Motion Bike Tour and Walk"
Mr. Marcus Klein, and Mr. John May, provided information on the "Hearts in
Motion 25 km/5Okm Bike Tour and 5kin Walk" and the "Niagara Falls Blossom Festiva/10
km Road Race" fundraisers, being held on May 9, 1998 and encouraged everyone to
participate.
Tourist Area Develo_nment Strateq_v
Mr. George Dark and Mr. Frank Lewinberg, Urban Strategies Inc., reviewed a
slide presentation with respect to a draft report for discussion on the Tourist Area
Development Strategy; and provided an overview of the five elements: The Park in the
City; The Integrated People Mover System; The Grand Boulevard on Rail Corridor; and
The Building Quality and the Emerging Skyline.
Mr. George Dark responded to discussion on correspondence received from the
Lundy's Lane BIA on the future process and whether there were plans to have meetings
with all the BIA's prior to the May 11, 1998 Council meeting to discuss their concerns; and
referred to the integration of all the studies.
- AND -
Report PD-98-54. Chief Administrative Officer - Re Tourist Area Development
Strategy, Draft Report. The report recommends that Council receive the presentation by
Urban Strategies/nc. and request the comments of the business community, various
agencies and interested parties before May 11, 1998.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and filed. Carded Unanimo(~s/y.
- AND -
Communication No. 119 - Lundy's Lane BIA. The communication advises, that on
behaff of the Lundy's Lane BIA, as being in support of Niagara Falls adopting an updated
Development Strategy.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimous/_v.
ORDERED on the motion of Volpatti, seconded by Alderr~an Fisher, that the matter be
referred to the May 11, 1998 Council meeting and that the private sector be requested to
make their comments prior to the May 11, 1998 meeting. Carded Unanimo(Jsly.
It was noted that the Consultant contact all the BIA's directly requesting them to
meet prior to the May 11, 1998 meeting.
Alderman Puttick vacated the Council Chambers.
COMMUNICATIONS
Communication No. 120 - Alcohol and Gaming Commission of Ontario - Re: Cobra
Club Hearing. The communication advises that a hearing has been scheduled for May
27, 1998 at 10:00 a.m., in Council Chambers to review the application for the liquor licence
of the Cobra Club.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that the
communication be received and filed for the information of Council and that a leaflet be
dropped. Carded Unanimously.
Communication No. 121 - Rev. Ken Smith, 3272 Addison Avenue. Re: Council's
raise. The communication expresses his opinion on the Council's 23% raise.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the communication be received and filed for the information of Council. Carded
Unanimousl. v.
Communication No. f22- Richard H. Barch, Q.C. - Re: Official Plan Amendment No.
20; Environmental Protection to Residential; Beaverdams Creek, East of Kalar Road.
The communication advises that Mr. Peter Grandoni will take legal action if the City
decides to divert the storm sewer into the W54 Tdbutary of Shrfners Creek.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Carded Unanimously.
Communication No. 123 - Mr. Todd Liddiard - Re: James Cameron. The
communication advises that he wishes to volunteer to create a work of art to
commemorate "Cameron Day"in honour of the achievements of James Cameron.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the matter be referred to Alderman Ed Michalczyk and the James Cameron Committee.
Carded Unanimously.
Communication No. f24 - Gateway Niagara City ~4ission (GNCM) - Re: Niagara City
Mission Awareness Day. The communication requests pe~,~ission to use the Public
Square in front of City Hall on June 20, 1998 for a community Niagara City Mission
Awareness Day.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be approved subject to established policy. Carded Unanimousl. v.
Alderman Puttick returned to Council Chambers.
Communication No. f25 - Niagara Falls Humane Society- Re: Proclamation.
The communication requests Council proclaim the week of May 3 to May 9, 1998 as "Be
Kind to Animals" Week; and requesting permission to fly the Humane Society flag at City
Hall.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
requests be approved subject to established policy. Carded Unanimousl. v.
Communication No. 126 . Campaign Life Coalition - Re: Proclamation. The
communication requests Council proclaim the week of May 10 to May 16, 1998 as
"Respect for Life Week".
ORDERED on the motion of AIderman Pietrangelo, seconded by Aldefrr~an Feren, that the
request be supported. Carded Unanimously.
Communication No. 127- Ontario Public Service Employees Union (OPSEU) - Re;
Ministry of Transportation (MTO) layoffs. The communication requests that Council
support the retention of MTO jobs in the Region.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that the
request be supported and that a copy be forwarded to our local Member of Provincial
Parliament. Carded Unanimously.
Communication No. 128 - Recycling Council of Ontario - Re: Waste Reduction Week
'98. The communication requests that 1) Council proclaim the week of November 2~d to
November 8, 1998 as "Waste Reduction Week"; and that 2) a City of Niagara Falls Waste
Reduction Week Co-ordinator be appointed to act as a liaison with RCO and further that
3) the City supports Waste Reduction Week with a financial contrfbution of $500 - $2,000,
to be used to offset costs of municipal workshops.
Ill [ [1 IIIIlll1
ORDERED on the motion of AIderman Cummings, seconded by Aldef~an Fisher, that the
week of November 2~ to November 8, 1998 be proclaimed 'Waste Reduction Week" and
that Requests 2 and 3 be referred to the Region. Carded Unanimous/v.
Communication No. 129 - Canada Indivisible - Re; Unity Resolution. The
communication requests that Council petition the Government of Canada and the federal
parties of Canada to enact legislation that would ensure that the communities in the
Province of Quebec that wish to remain in Canada shall remain in Canada.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
request be supported. Carded Unanimously.
See Resolution No. 29
Communication No. 130 - United Way of Niagara Falls - Re: Annual Media S/o-Pitch
Toumament. The communication requests that Council consider the Annual Media SIo-
Pitch Tournament to be held on August 28, 29~h and 3(~~, 1998 a "Community Event" and
requesting approval for a Special Occasion Permit.
ORDERED on the motion of AIderman Cummings, seconded by Aldeirr~an Feren, that the
request be approved. Carded Unanimousl_v.
See Resolution No. 27
Communication No. 131 - The Optimist Club of Niagara Falls, Inc. - Re: Proclamation.
The communication requests that Council proclaim the week of May 4 - 10, 1998 as
"Respect for Law Week"; and that May 9, 1998 be held as a day of non-violence in the City
of Niagara Falls.
ORDERED on the motion of Alderman Feren, seconded by AIderman Cummings, that the
request be supported. Carded Unanimo~l$1y.
Communication No. 132- City of St. Catharines . Re: Reduction of Sulphur Content in
Gasoline. The communication requests that Council support a resolution requesting the
Federal and Provincial governments to enact measures to meaningfully reduce the sulphur
content of our gasoline.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. Carded Unanimousl.v.
Communication No. 133 - Marinelli Entertainment. Re: Annual Miss Canada/Miss Teen
Canada International Pageants. The communication requests that the City approve and
support the event; and further that the City be responsible to form and/or appoint a
governing committee to oversee general operations of the event; and that the City would
be responsible to handle all proceeds and monetary transactions that they deem necessary
to secure and protect their specific interests and further, that the City commit a one-time
fee of $100,000.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the correspondence be received and filed for the inforrr~ation of Council. Carried
Unanimousl_v.
Communication No. 134. Canadian Mental Health Association - Re: Proclamation.
The communication requests that Council proclaim the week of May 4th to May 10, 1998
as "Mental Health Week':
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
request be supported. Carded Unanimousl.v,
Communication No. 135 - Club Niagara. Re: Holding a Barbecue. The communication
requests permission to hold a barbecue in front of City Hall on May 4, 1998 during Mental
Health Week, in order to raise awareness with regard to mental health and Club Niagara.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the request be supported subject to established policy. Carded Unanimously.
I[[I] lB [ Ill [lIIIll I i
Communication No. 136 - Canadian Red Cross - Re: Blood Donor Clinic. The
communication requests that Council consider sponsoring the blood donor clinic on
Monday, February 22, 1999.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
request be supported. Carried Unanimousl_v.
Communication No. 137- Filipino Canadian Association of Niagara - Re: 100 Years
of Philippine Independence. The communication invites members of Council to attend the
flag raising ceremony on June 12, 1998 at 9:00 a.m. in commemoration of the Republic of
the Philippine's 100 years of independence; and further inviting members of Council to
attend a Tree Planting Ceremony on June 13, 1998 at 11:00 a.m. at Queen Victoria Park.
ORDERED on the motion of AIdeirr~an Cummings, seconded by Alderman Pietrangelo, that
the communication be received and filed for the information of Council. Carried
Unanimous/v.
Communication No. 138 - Ministry of the Solicitor General and Correctional Services
- Re: Proclamation. The communication requests Council proclaim the week of May 4 -
10, 1998 as "National Emergency Preparedness Week':
ORDERED on the motion of AIde,,an Cummings, seconded by AIderman Fisher, that the
request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-98-58 - Chief Administrative Officer- Re: Tender NP-01-98; Supply of Bituminous
Patching Materials and Asphalt Emulsions. The report recommends that the unit prices
submitted by the Iow tenderer, Stephens & Rankin Inc., be accepted and the by-law be
passed.
ORDERED on the motion of Alderman Fisher, Volpatti, that the report be received and
adopted. Carried Unanimously..
See By-law No. 98-83
MW-98-59 - Chief Administrative Officer - Re: Tender NP-02-98; For the Supply of
Ready Mix Concrete. The report recommends that the supply of ready mix concrete be
awarded to Ferma Niagara Ready Mix Ltd., 5980 Don Murie Street, Niagara Falls, Ontario.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
MW-98-61 - Chief Administrative Officer. Re: Tender TR-3-98 - For the Supply &
Installation of Screened Topsoil for Cell No. 1 of the Mountain Road Landfill Site.
The report recommends the following:
1. That the Tender TR-3-98 for the supply and installation of screened topsoil for Cell
No. 1 of the Mountain Road Landfill Site be awarded to Provincial Construction of
Niagara Falls, Ontario for the tendered cost of $30,495.00, including all applicable
taxes;
2. That the By-law appearing later on this evening's agenda, authorizing an Agreement
with Provincial Construction, be approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Alderman Fisher abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
Ratification of Communi~_ Services Committee Actions
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
Ill [ Ill IlffllllI
1. Adoption of the March ,30, 1998 Community Sen/ices Committee Minutes;
2. Demolition of building at 6631 Lundy's Lane - proposal by John Karagiannis -
to allow the demolition debris in the landfill site and to waive the fees.
3. Re.oort MW-98-39- T. V. Ins_oection-
That the unit prices submitted by the second to Iow bidder, Trans Video Inspection
be accepted for the contract and the authorizing By-law be passed;
4. Report MW-98-55 - Tender #2-98 - New Eou(oment Purchase -
That the tenderfor one (1) latest model truck, cab and chassis with 6 cu. Yd. Dump
body and power operated snowplow and wing be awarded to the high bidder,
Archer Truck Sen/ices of St. Cathadnes for a total pdce of $119,675.03;
Alderman Victor Pietrangelo indicated a conflict of interest on the fo/lowing matter,
because a family member resides in the area and relinquished the Chair; Alderman
Campbell assumed the Chair.
5. MW-98-60 - Zoning By-law 98-31 - Ob_iections by Mr. Varty - Pro_oosed Road
between Lyons Parkway and Ch(o_oawa West - Phase 11 Subdivision -
a) That the roadway connection between Lyons Parkway (Block 187) and the
Chippawa West - Phase II Subdivision not be constructed at this time;
b) That the developer of the Chippawa West - Phase II Subdivision investigate
the possibility of providing another entrance into the next phase of the
Chippawa West Subdivision either onto Wi/lick Road or Sodom Road;
c) That the City investigate the closing of the dangerous intersection of Lyons
Parkway and Lyons Creek Road and connect Lyons Parkway with the
Chippawa West Subdivision when 40% of the development potential on
Lyons Parkway has occurred or 5 years time, whichever occurs first;
d) That the existing residences at 4540 and 4528 Lyons Creek Road continue
to exit onto Lyons Creek Road which will become a cul de sac; and that the
emergency access is to be located in the centre of the block.
Alderman Pietrangelo resumed the Chair.
6. R-98-24 - 1998 Parks & Athletic Fields Schedule,~. -
That the schedules for special events and regular use of parks, athletic fields, and
school grounds be approved;
7. New Business:
That Council approve the Visitor & Convention Bureau's request to enhance the
Gerber Building through landscaping efforts.
The motion Carded with Alderman Pietrangelo abstaining from Report MW-98-60 on a
conflict of interest previously noted; and Alderman Volpatti voting contrary to the motion
dealing with the Visitor & Convention Bureau's request and with all others voting in favour.
See By-law No. 98-84
10 -
FD-98-05 - Chief Administrative Officer- Re: Co.op Student Placement. The report
recommends that Council authorize staff to enter into an agreement with the Metis Training
Initiatives for the placement of a student under a "Co-op" program.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
FD-98-06 - Chief Administrative Officer- Re: City of Niagara Falls Emergency Plan.
The report recommends that Council approve the revised 1998 edition of the City of
Niagara Falls Emergency Plan.
ORDERED on the motion of AIde~rr~an Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
R-98-25 - Chief Administrative Officer - Re: Tender TR-l-98, For the Supply and
Installation of the Lundy's Lane Cemetery Holocaust Memorial. The report
recommends that Tender TR-l-98 For the Supply and Installation of the Lundy's Lane
Cemetery Holocaust Memorial be awarded to Rigg Mooney Monuments of Niagara Falls,
Ontario for the tendered cost of $10, 724.61, including all applicable taxes.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimousl_v.
F-98-30 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that the Corporate Services Committee recommend approval by Council of
the accounts totalling $421,027.92 for the period ending April 27, 1998.
ORDERED on the motion of Alderman Cummings, seconded by A/demean Fisher, that the
report be received and adopted. The motion Carried with Aldermen Craitor, Cummings
and Wing abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 98-~0
PD-98.4f - Chief Administrative Officer- Re: Zoning By-law Amendment; AM-01/98,
Garner Neighbourhood - Development Holding Zone. The report recommends the
following:
1. That Council approve the zoning amendment proposing to rezone the/ands to
Development Holding;
2. That Council approve the by-law, which is on the Council agenda, for the above
noted amendment.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the report be received and adopted. The motion Carried with Aldermen Campbell and
Pietrangelo voting contrary to the motion and with all others voting in favour.
See By-law No. 98-82
PD-98-49 - Chief Administrative Officer. Re: Request for Removal of Part Lot
Control; Monastery Drive, Lots 27 & 28, Registered Plan 59M-201. The report
recommends the following:
1. That Council approve the application and pass the appropriate by-law to designate
Lots 27 and 28, Registered Plan 59M-201, as exempt from Part Lot Control;
2. That the applicant be required to notify the City when the separate deeds have been
registered in order for the by-law be repealed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carried with Aldefi-~)an Pietrangelo abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 98-89
I[[ [ Ill IIllll[ I
11 -
PD-98-50 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC.6/98, SW coroer Dorchester Road & Morrison Street; Proposed Walmart. The
report recommends the following:
1. That Council approve the site plan for the proposed Walmart store located at the
southwest comer of Dorchester Road and Mordson Street conditional upon:
a) the applicant obtaining all required approvals from the Ministry of
Transportation (MTO) and the Ministry of Environment and Energy (MOEE);
b) the applicant entering into a servicing agreement with the City regarding the
reconstruction of Mordson Street;
2. That Council approve an amendment to By-law 80-114 to include the Fire Access
Route.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
the report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-81
PD-98-52 - Chief Administrative Officer. Re: Request for Removal of Part Lot
Control; 7509 & 7511 Monastery Drive, Lot 25, Registered Plan 59M-201. The report
recommends the following:
1. That Council approve the application and pass the appropriate by-law to designate
Lot 25, Registered Plan 59M-201, as exempt from Part Lot Control;
2. That the applicant be required to notify the City when the separate deeds have been
registered in order for the by-law to be repealed.
ORDERED on the motion of Alde/-~-~an Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carded with Alderman Pietrangelo abstaining
from the vote on a conflict of interest noted previously and with all others voting in favour.
See By-law No. 98-88
L-98.23 - Chief Administrative Officer- Re: Dedication of Daylighting Triangle as a
Public Highway to form part of Detenbeck Road. The report recommends to dedicate
a daylighting triangle, more particularly described as Part 2 on Reference Plan No. 59R-
10211, as a public highway to form part of Detenbeck Road.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted. Cprded Unanimousl_v.
See By-law No. 98-87
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Feren, seconded by Aldet-man Janvary, that the
actions taken on the following matters by Committee of the Whole, earlier this evening be
approved:
- That staff be authorized to finalize negotiations with River Realty Development Inc.,
to exchange the City owned Mulhem Park for the property originally donated by
John Mulhem and that details of this agreement to be brought back to Council for
final review and approval.
Carded Unanimousl_v
I~1~ II r l iii IIIIIBI I ~ ~
- 12-
RESOLUTIONS
NO. 27 - CUMMINGS - FEREN - BE IT RESOLVED that the Council of The Corporation
of the City of Niagara Falls hereby recognizes the Annual Media SIo-Pitch Toumament on
August 2gh, 29th, and 30th 1998 to be held at the Optimist, Palmer and Mulhem Parks and
designates the event as a "Community Event" in Niagara Falls.
And the Seal of the Corporation be hereto affixed.
Carried Unanimous/v.
NO. 28 - FISHER - MICHALCZYK- BE IT RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby recognizes the Chippawa Day event being held on June
27, 1998 at lyons Park and designates the event as a "Community Event"in Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 29 - CAMPBELL - CRAITOR . WHEREAS the electors of a great many of the
Quebec communities have voted by substantial majorities to reject Quebec separation,
both in 1980 and 1985 (and also in the Federal election of June 22, 1997); WHEREAS,
since the Quebec referendum of October 30, 1995, the councillors and mayors of 40
Quebec municipalities have passed resolutions stating that they would wish to remain in
Canada regardless of the outcome of any future referendum in Quebec; WHEREAS a first
responsibility of governments is to protect its citizens; WHEREAS the citizens of Niagara
Falls have a strong sense of respect for the residents of Quebec and ara deeply committed
to support their French and English brothers and sisters in the Province of Quebec;
WHEREAS any separation of a part of Canada would have very serious consequences for
all Canadians; WHEREAS the indivisibility of this nation has been called into question;
WHEREAS Canada is the democracy and any change to the borders of Canada would
necessitate Constitutional Amendment that was supported by all Canadians; WHEREAS
the municipal and provincial governments are democratic institutions but they ara not
democracies; WHEREAS the question of national unity needs to be settled, swiftly and
decisively, for Canadians and all the world; BE IT RESOLVED THAT the Council of the
City of Niagara Falls hereby petitions the Government of Canada and the federal parties
of Canada to enact legislation that would ensure that the territories of those communities
in the Province of Quebec that wish to remain in Canada shall remain in Canada, and this
without regard to the result of any futura referendum in the Province of Quebec; Remind
the Government of Quebec and the people of Quebec that referenda ara not legally
binding, that Canada is the democracy and therefore all Canadians must participate in any
negotiation to change the boundaries of Canada; Enable the Govemment of Canada to
deal with any un/awful seizure of power by any province, territory or other jurisdictions in
Canada; Remind Canadians that the Government of Canada has a legal and moral
responsibility to protect person and property; Confirm, in the Parliament of Canada, that
this nation is indivisible; Confi;~, in the Parliament of Canada, that all Canadians will
participate in any process to change the boundaries of Canada; Support continued efforts
to create better understanding amongst all Canadians; AND THAT The City Clerk will
distribute copies of this resolution to the Prime Minister of Canada, M. Jean Chretien, and
Canada Indivisible. AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
leave be granted to introduce the fo/lowing by-laws, and the by-laws be read a first time:
98-81 A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate private roadways as fire routes along which no parking of vehicles
shall be permitted.
13 -
98-82 A by-law to amend By-law No. 79-200, as amended. (AM-01/98)
98-83 A by-law to authorize the execution of an agreement with Stephens and
Rankin Inc. respecting the 1998 Asphalt Patching - City Wide.
98-84 A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited respecting T. V. inspection of sewers.
98-85 A by-law to designate the property at 6172 Buchner Place, known as the
Buchner House, to be of historic and architectural value and interest.
98-86 A by-law to authorize a Charge/Mortgage to The Young Men's Christian
Association of Greater Niagara for the purpose of securing a loan, in the sum
of $149,000.00 and to authorize the discharge of Mortgage Nos. 450250 and
553533.
98-87 A by-law to establish Part 2 on Reference Plan 59R-10211 as a public
highway, to be known as and to form part of Detenbeck Road.
98-88 A by-law to designate Lot 25 on Registered Plan 59M-201, not to be subject
to Part Lot Control. (PD-98-52)
98-89 A by-law to designate Lots 27 and 28 on Registered Plan 59M-201, not to be
subject to Part Lot Control (PD-98-49).
98-90 A by-law to authorize monies for General Purposes (April 27, 1998)
The motion Carded with Alderman Pietrangelo abstaining from the vote on By-law Nos.
98-88 and 98-89 on a conflict of interest previously noted; and Aldermen Cummings,
Craitor and Wing abstaining from By-law No. 98-90 on conflicts of interest previously noted
and with all others voting in favour.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-81 A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate private roadways as fire routes along which no parking of vehicles
shall be permitted.
98-82 A by-law to amend By-law No. 79-200, as amended. (AM-01/98)
98-83 A by-law to authorize the execution of an agreement with Stephens and
Rankin Inc. respecting the 1998 Asphalt Patching - City VLflde.
98-84 A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited respecting T. V. inspection of sewers.
98-85 A by-law to designate the property at 6172 Buchner Place, known as the
Buchner House, to be of historic and architectural value and interest.
98-86 A by-law to authorize a Charge/Mortgage to The Young Men's Christian
Association of Greater Niagara for the purpose of securing a loan, in the sum
of $149,000.00 and to authorize the discharge of Mortgage Nos. 450250 and
553533.
98-87 A by-law to establish Part 2 on Reference Plan 59R-10211 as a public
highway, to be known as and to fo~-~-~ part of Detenbeck Road.
~llll T I III II~llgl I I ,
14-
98-88 A by-law to designate Lot 25 on Registered Plan 59M-201, not to be subject
to Part Lot Control. (PD-98-52)
98-89 A by-law to designate Lots 27 and 28 on Registered Plan 59M-201, not to be
subject to Part Lot Control (PD-98-52).
98-90 A by-law to authorize monies for General Purposes (April 27, 1998)
The motion Carried with Alderman Pietrangelo abstaining from the vote on By-law Nos.
98-88 and 98-89 on a conflict of interest previously noted; and Aldermen Cummings,
Craitor and Wing abstaining from By-law No. 98-90 on conflicts of interest previously noted
and with all others voting in favour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
letter of condolence be forwarded to the family of the late James R. Sones, son of
Mr. Robert Sones, former Director of Recreation with the City Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter
of condolence be forwarded to the family of the late Carol Fretz, wife of Mr. Jim Fretz
(Ontario Hydro). Carried Unanimously.
St. Catharine Standard Article
Alderman Pat Cummings referred to an article in the St. Catharines Standard
highlighting the City Clerk of Niagara Falls, Woody Wagg .
Loss of Provincial Services
Alderman Shirley Fisher expressed concems regarding the removal of Provincial
services and of the impact on the senior citizens of our community and requested that a
letter be forwarded to the Provincial government condemning their policies..
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter
be forwarded to the Provincial govemment, condemning the policies of the Provincial
government regarding the loss of services to the community. Carried Unanimously.
Nova House Book Riot
Alderman Paisley Janvary informed that the Nova House Book Riot was being held
on May 4, 5, 6, 1998 and requested the community's support and participation.
Westlane International Day
Alderman Wayne Campbell advised that Westlane Secondary School would be
holding a "Westlane International Day" on May 1, 1998 in the afternoon and invited
everyone to attend.
Ill I I1[ IIH Ill
1,5 -
Chippawa ,Ir C's
Alderman Ed Michalczyk referred to the Chippawa Jr. C's and thanked the
community for their support of the team.
Blossom Festival Parade
Alde~fr~an Pat Cummings provided information on the Niagara Fa/is Blossom
Festiva/Parade being held on May 9, 1998.
Notice of Motion on the Ward System
Alderman Pat Cummings advised of his intention to give a Notice of Motion in
September respecting the elimination of the ward system.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Michalcyk, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MA YOR WA YNE
Iff] II I Ill IlIllll I [
THIRTEENTH MEETING
Committee-of-the-Whole
Committee Room #2
May 11, 1998
Council met on Monday, May 11, 1998 at 6:45 p.m. in Committee-of-the-Whole.
All member of Council, were present. Alderman Ken Feren presided as Chairwoman.
Following consideration of the items presented, The Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
'~."~:'WAGG, CITY C~'~ ........... MA YOR WA YNE THOMSON
PLANNING MEETING
Council Chambers
May 11, 1998
Council met on Monday, May 11, 1998 at 7:00 p.m. for the purpose of considering
Planning/Regular Business matters. All members of Council, were present. Alderman Ken
Feren offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-31,
on Cheque Nos. M92240; 237313; 237296 and 237128 because members of their family
are employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report F-98-31, Cheque No.
237103 because Acres is involved.
Alderman Michalczyk indicated a pecuniary interest on Report PD-98-60 because
he resides in the area; and on Report F-98-31, Cheque No.237189, because he is a
volunteer firefighter.
Alde,,an Orr indicated a pecuniary interest on Report F-98-31, Cheque No.
237362, because she is employed by the Casino.
Alderman Volpatti indicated a pecuniary interest on Report PD-98-63 because she
has a business relationship.
BIlE I[ l: Ill IlEllll I [ [
Alderman Wing indicated a pecuniary interest on Report F-98-31, Cheque No.
237185 because she has a business interest.
His Worship Mayor Thomson extended best wishes to Mrs. Irene Orr, mother of
Alde~,~an Judy Orr, on the occasion of her birthday.
His Worship Mayor Thomson extended congratulations to Mr. and Mrs. Ed Lustig,
the City's Chief Administrative Officer and his wife, on the occasion of their 2~h wedding
anniversary.
PRESENTATIONS
Jr. B Canucks Team
Alderman Klm Craitor and His Worship Mayor Thomson, presented tokens of
appreciation to the Jr. B Canucks hockey team in recognition of their winning the Ontar/o
Jr. "B" Championship; and a token of appreciation was also presented to His Worship
Mayor Thomson.
DEPUTATIONS
Mulhern Park
Report CS-98-02 - Chief Administrative Officer- Mulhern Park. The report
recommends that Council approve the transfer of the existing Mulhem Park (all of Part 9,
Plan 59R-1423) to River Realty Development (1976) Inc. for the property originally donated
by the late Mr. John Mu/hem for park purposes (Part 14, Plan 59R-1423).
AND -
Communication No. 139 - Luc and Mary Ellen Veilleux, 4535 Baldwin Avenue. The
communication expresses concerns with respect to the proposed subdivision and the loss
of parkland.
Communication No. 140 - Francine Sullivan, 7879 Alpine Drive. The communication
requests Council reconsideration on the issue of Mu/hem Park.
Communication No. 141 - Sarah Connell (nee Mulhern), 3915 Portage Road. The
communication expresses appreciation to members of Council for their decision to restore
the orfginal Mulhem Park lands and comments on the delayed Mu/hem Park developmenL
Mr. Luc Veilleux, 4535 Baldwin Avenue, stated that when he built his home, he
was of the opinion the park would always remain; he also expressed concerns on the
loss of a much-used park and its sports facilities; and that the establishment of a new
subdivision would devalue the surrounding properties and requested that Council
reconsider their decision.
Discussion ensued with respect to Council's obligation to retum the park as per Mr.
Mulhem's wishes and of the installation of creative playground equipment in var/ous parks.
Mr. Stewart Branscombe advised members of Council that he would be willing to
donate $25,000 toward playground equipment at Kin Park.
- 3 -
Ms. Shirley Clair inquired whether the park exchange would include Lots 34 and
37; referred to the City's allocation of $100,000 for the sports facilities in the new park,
and advised that the children play at the "Old Mu/hem Park" and requested that Council
reconsider their decision.
The Director of Parks, Recreation and Culture provided clarification with respect to
the inclusion of Lots 34 and 37; discussed the parkland development and provided
information on the completion of the comp/ex.
Mr. Bill Main, 7765 Mulhem Street, advised he was of the opinion that this was a
moral issue; indicated that the "new park" was not being utilized to its full extent, and that
the children in the area used the "old park"; stated that he did not wish to have his
children play in the area of a hydro field and requested Council's reconsideration.
Following the discussion, on the motion of AIde,,an Puttick, seconded by Alderman
Volpatti, that the transfer of land not take place. The motion was Defeated with Aldermen
Craitor, Cummings, Feren, Janvary, Michalczyk, Pietrangelo, and Mayor Thomson voting
contrary to the motion and with all others voting in favour.
The Director of Parks, Recreation and Culture advised that funding had been set
aside for Kin Park for Creative Playground units; that funding had not been set aside for
the new Mu/hem Park and that types of facilities and other potential funding sources would
be addressed in an upcoming report to Council.
Following the discussion it was ORDERED on the motion of Alderman Pietrangelo,
seconded by AIderman Feren, that Report CS-98-02 be received and adopted. The motion
Carried with Aldermen Cummings, Pietrangelo, Feren, Janvary, Craitor, Michalczyk and
Mayor Thomson voting in favour and with all others voting contrary to the motion.
Following further discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Feren, that Mr. Branscombe's donation be accepted
toward Kin Park and that the monies approved for Kin Park's Creative Playground
equipment be allocated to Mulhem Park with a report back with respect to park priorities.
The motion Carried with Alde~en Campbell, Orr, Puttick and Wing voting contrary to the
motion and with all others voting in favour.
See By-law No. 9~-91
PD-98-57 - Chief Administrative Officer- Re: Comments and Review - Tourist Area
Development Strategy (Draft Report). The report recommends the following:
1. That Council approve, in principle, the Tourist Area Development Strategy subject
to further refinement based on input received;
2. That Council extend the date for submitting comments on the Development Strategy
to May 25, 1998;
3. That Council establish June 8, 1998 as the date for the consultant's final report and
July 13, 1998 for the statutory public meeting for Council's adoption of new tourism
policies;
4. That Council authorize staff to engage consultants to assist in plan implementation
including such matters as the establishment of a development bonusing system,
cost estimates for proposed public realm improvements (Grand Boulevard) and
assisting in negotiations with the Ontario Casino Corporation (OCC) to effectively
integrate the new casino into Central Area Vision.
Eli] I[ [ Ill Iltllll I ] i
-4-
- AND -
Communication No. 142 - Coopers & Lybrand, Re: Tourist Area Development
Strategy. The communication, on behalf of the Skylon Tower and Holiday Inn properties,
provides comments and endorses the principles of the Development Strategy and
encourages landowners to work with the City to cooperate and work together.
Communication No. 143 - Sheraton Fallsview - Re: Tourist Area Development
Strategy. The communication encourages Council to endorse the principle of a Grand
Boulevard and a People Mover to act as a central spine for that part of the City.
Communication No. 144 - Minolta Tower Centre - Re: Tourism Development Strategy
Study. The communication indicates as being in support of the concepts and strategies
proposed by the Consultants.
Communication No. f45 - Michael's Inn - Re: Tourist Area Development Strategy.
The communication refers to the inclusion of the Michael's Inn and the Niagara Falls
Museum as part of the key tourist areas and comments on the three storey height
restriction in the River Road area.
Communication No. 146 - Orsini Inns, Arco Restaurants, Red Wood Hospitality- Re:
Tourist Area Development Strategy. The communication provides several comments
on behalf of the Lundy's Lane BIA and recommends that a meeting of all BIA groups be
scheduled to discuss the plan.
Communication No. 147 - Mr. Harry Oakes. The communication provides comments
with respect to a proposed continuous public landscape trail.
Communication No. f48 - Niagara Glen-view Tent & Trailer Park Limited - Re:
Niagara Falls Tourist Area Development Strategy Study. The communication provides
comments with respect to four storey height restrictions.
Communication No. 149a) - Hyatt Development Corporation, Richard L. Schulze .
Re: Tourist Area Development Strategy. The communication requests that no action be
taken which imposes specific restrictions or limitations on the Murray Hill site.
Communication No. 149b) - Hyatt Development Corporation, Daniel Azark. The
communication requests that Council not take any action on this strategy until plans and
concepts are discussed openly and thoroughly with all the various groups.
Communication No. 150- The Niagara Parks Commission. The communication
provides comments on several items in the tourist area development strategy report.
Communication No. 15f - Downtown Board of Management; Downtown Niagara
Falls. The communication provides comments on the Tourism study.
His Worship Mayor Thomson received a negative response to his request for
comments on the matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be approved. The motion Carried with Alderman Orr voting contrary to the motion
and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
correspondence be received and filed. Carried Unanimousl_v.
PLANNING MATTERS
PD-98-53 - Chief Administrative Officer- Re: Zoning by. law Amendment Application;
AM-12/98, 4680 Queen Street; Proposed New Car Agency/Used Car lot. The report
recommends that Council approve the application which would permit a new car agency
and a used car lot for the lands known as 4680 Queen Street conditional upon a daylight
triangle being dedicated at the comer of Queen Street and Buckley Avenue and the by-law
including a provision fora 10.0 foot strip for landscape along the Queen Street frontage.
AND -
Communication No. 152 - Downtown Board of Management; Downtown Niagara
Falls. The communication advises as endorsing the proposal for the rezoning application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on April 9, 1998.
His Worship Mayor Thomson received indication that the applicant, Mr. Craig
Newton, was in attendance and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and negative
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; discussed the Planning Review and advised that the
proposal complied with the Official Plan; and that adding the proposed uses to the existing
CB zone was appropriate; referred to the greening and landscaping features and the Public
Notification Process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-12-98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
application be approved. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimously,
PD-98-61 - Chief Administrative Officer. Re: Zoning By-law Amendment Application;
AM-2/98, lemmolo & Sons Limited; 5257 Ferry Street and 5885 & 5871 Ellen Avenue.
The report recommends the following:
1. That Council approve the Zoning By-law amendment application to permit the
Quality Hotel to be enlarged and a 4-storey parking structure to be constructed on
an adjacent site subject to the following:
l~ ]i I' III II~llal I I I
i) the maximum height of the hotel being limited to 10 storeys and 30 metres;
ii) the surface parking and the parking garage being designed in accordance
with the relevant design criteria contained in the Tourism Strategy;
iii) the applicant paying cash-in-lieu of parkland dedication;
iv) the applicant entering into an agreement with the City under Section 37 of
the Planning Act to provide public benefits;
2. That the amending by-law be held in abeyance until the above noted conditions
have been satisfied and the final site plan can be presented to Council for
consideration.
- AND -
Communication No. 153 - The Niagara Parks Commission. The communication
advises as having no objections to the proposal.
Communication No. 154- Regional Niagara, Planning and Development Department.
The communication suggests that it would be preferable to await the completion of the
Development Strategy before a decision is made on the proposal.
Communication No. 155 - Rainbow Tour & Reception Inc. The communication
expresses support of the proposal.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be fo/lowed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on April 21, 1998.
His Worship Mayor Thomson received indication that Ms Itali,~ Gilbertti, Solicitor,
was in attendance on behalf of the applicant and received a positive response to his
request for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the p,~ssage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Director of Planning and Development discussed the subject/ands with the
assistance of posted sketches; and reviewed the information contained in
Recommendation Report PD-98-61: History, Planning Review and the Public Notification
Process; referred to the Consultants' presentation which had addressed hotel building
heights and development standards and recommending that high-rise hotels should only
be permitted in specific areas if they meet certain criteria; he further advised that Council
had achieved providing the guidelines that the development community would or would
not conform to.
I] I Illllffl]l 1 ]
Ms. Italia Gi/bertti discussed the history and merits of the application; reviewed the
Consultant's draft report; she provided information on the issue of delaying or approving
the application; expressed concerns with respect to the enforcement of guidelines which
had not as yet been approved and suggested that Council consider the guidelines that are
currently in place.
During the discussion, concern was expressed with respect to a lO-foot road
widening dedication; contribution of 2% of the land as park/and dedication; building
heights; and planning guidelines..
The Director of Municipal Works responded that a 10-foot road widening dedication
along Ferry Street V~as not a condition of approval and would be looked into through the
planning process.
In response to questions raised, the City Solicitor provided clarification on the issue
of planning guidelines or principles.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the
application be deferred until the guidelines are in place. The motion was Defeated.
The Acting Chief Administrative Officer addressed concerns with respect to the
application and advised that Council had the authority to deal with the application based
on the concept and guidelines in principle, that Council had accepted. He further advised
that he was of the opinion that Council should consider the applications, in principle and
deal with the report as presented and approve the recommendations.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted; and further that the matter of the 10 storey/imitation in this
area be referred to the Consultant for consideration of a 12 storey limit. The motion
Carried with Aldefi~)en Campbell, Cummings, Craitor, Feren and Orr voting contrary to the
motion and with all others voting in favour.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the
the correspondence be received and filed. Carried Unanimousl. v.
PD-98-63 - Chief Administrative Officer- Zoning By-law Amendment Application; AM-
5/98, 577793 Ontario Inc., c/o Bob Sakes; 6455 Buchanan Avenue & Lands
Purchased from Ontario Hydro & 6471 Stanley Avenue. The report recommends the
following:
1. That Council approve the Zoning By-law amendment application to permit the
Renaissance Fallsview Hotel to be enlarged and a 7-storey structure with rooms
and underground parking to be constructed on an adjacent site subject to the
following:
i) the maximum height of the addition to the Renaissance Hotel being limited
to 30 storeys and 90 metres;
ii) the surface parkand and the parking garage being designed in accordance
with the relevant design criteria contained in the Tourism Strategy;
iii) the applicant reviewing his proposal in keeping with the new design criteria
and that the amending by-law be drafted accordingly;
[lIE I[ [ Iii II~llll I I [
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to AM-5/98.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
application be approved, in principle and that the matter be referred to staff and the
Consultant to work out the conditions. The motion Can~ed with Alderman Volpatti
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Pietrangelo, Seconded by Alde~r~an Fisher, that
the correspondence be received and Flied. Ca~ed Unpnimousl_v.
PD-98-58 - Chief Administrative Officer- Re: Public Meeting; West Meadow
Extension IV Draft Plan of Subdivision; Owner: River Realty Development (1976) Inc.
The report recommends that Council consider input received at the Public Meeting and
refer all matter to staff for the review of the West meadow Extension IV Draft Plan of
Subdivision.
Communication No. f58 -~Francine Sullivan, 7879 Alpine Drive. The communication
advises as having no objections and being in support of the subdivision as proposed.
Communication No. f59a) - James S. French, 4410 Paddock Trail Drive; Richard
Sage, 4420 Paddock Trail Drive. The communication advises as being opposed to the
application. ~ ,
Communication No, 159b) - James S, French. The communication expresses concerns
regarding the proposal and requests Mr. Maves, MPP to ask the Provincial Minister of
Education to review the decision of not funding a school in the North West community.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on April 24, 1998.
His Worship Mayor ThOmson received indication that the applicant, Mr. Stewart
Branscombe was in attendan, ce; and advised that the purpose of the public meeting was
to receive information and to provide an opportunity for the public to comment on the
proposed subdivision. ~ ~
His Worship Mayor Thomson received a positive response to his request whether
there was anyone in attendance with any further concerns.
Mr. Branscombe provided background info,,ation on the proposal; stated that the
property was zoned R2 and the use was to be single family detached dwellings; referred
to the residents' request for a greenbelt area and indicated he could not shift his
development to allow for a greenbelt area nor a buffer, that the next alternative would be
to enter into an agreement with the City indicating that the mature trees at the back of the
lot lines not be disrupted other than for storm water purposes. He referred to
correspondence submitted regarding smaller trees on the land being transplanted over to
the abutting park and advised that this would be acceptable as long as the City did this at
their own expense.
II~ Ii I III Illllgl I I ~
- 10-
Mr. Branscombe responded to concerns with respect to switching the park and
advised that an agreement had been made between the City and River Realty relating to
Mu/hem Park and that he was abiding by it.
It was moved by Alderman Fisher, seconded by Alde~-r~an Cummings, that approval
be granted to proceed past 11:00 p.m. Carried Unanimous/v.
Mrs. Jeanette French, 4410 Paddock Trail Drive, advised she was in attendance
on behalf of the residents on Paddock Trail Drive and discussed the following points:
concerns of the residents regarding the Secondary Plan showing this area as Greenbelt;
the residents' opposition to the subdivision and their willingness to compromise in seeing
some preservation of the Greenbelt; seeking an early mediated solution to the problem;
and requesting Council's support in upholding good planning in this area.
Mr, Rick Sage, 4420 Paddock Trail Drive, expressed the view that the developer
redesign the development and shift the development; and expressed the following
concerns: the saving of the trees in the area; indicated that the greenbelt should remain
in the area.
Mr. Jim French, 44~0 Paddock Trail Drive, expressed concerns with respect to
the greenbelt area and requested that Council give further consideration to the matter.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to West Meadow Extension IV Draft Plan of
Subdivision closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimously.
PD-98-51 - Chief Administrative Officer - Re: Cash-in-lieu of Parking Agreement
between The Corporation of the City of Niagara Falls and Mr. George Hardy of Royal
Steter Ltd., and on behalf of the owners, Ipco Ltd., Mr. lan Paul, of the property
municipally known as 4976 Clifton Hill. The report recommends that Council authorize
a cash-in-lieu of parking agreement with Burger King Restaurants, c/o Mr. George Hardy.
A by-law authorizing the agreement will be presented to Council at the next available
meeting.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that
the report be received and adopted. Carried Unanimousl_v.
PD-98-55. Chief Administrative Officer- Re: Sidewalk Cafe Licence Fees. The report
recommends that Council approve the licence fees for sidewalk cafes as detailed in this
report.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
report be received and adopted. Carded Unenimously.
PD-98-56 - Chief Administrative Officer- Re: SWC-~/97, Application for Sidewalk
Cafe Licence; 6095 Buchanan Avenue; Papagallo Bar, The report recommends that
Council approve the sidewalk cafe licence for the Papagallo Bar at 6095 Buchanan Avenue
and that the Mayor and Clerk be authorized to execute the agreement on behalf of the City.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. C~rded Unanimously.
See By-law NO. 9~-97
PD.98-59 - Chief Administrative Officer- Re: Application for Sidewalk Cafe Licence;
SWC-2/96, 4573 Queen Street; Daily Planet Tap & Eatery. The report recommends the
following:
That Council approve the sidewalk cafe licence for the Daily Planet Tap & Eatery at 4573
Queen Street conditional upon:
1. The cafe being set back the required 6. 5 feet from the back of the curbing along
Crysler Avenue;
2. That the Mayor and Clerk being authorized to execute the agreement on behalf of
the City.
-AND -
Communication No. 160 - Downtown Board of Management, Downtown Niagara
Falls. The communication advises as endorsing the proposal and encourages this type
of development.
Mr. K. Chu, 4619 Crysler Avenue, expressed concerns with respect to recycling
bins and garbage on his property and expressed his opposition to the proposed
application.
Mr. Joe Mrkalj was in attendance and advised that the recycling bins and garbage
had been removed from the area.
Discussions ensued with respect to amending the report to have a set back of 6.5
feet from the back of the curbing along Crysler Avenue, on the condition that the public
right of way is a priority.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Michalczyk, that the report be received and adopted as amended.
Carried Unanir~ousl. v.
PD-98-60 - Chief Administrative Off'lcer- Re: Requests for Extension to Draft Plan
Approval Williams Subdivision; 26T.93011 (Revised); Williams Subdivision Plan 2,
26T-94001; River Realty Development (1976) Inc. The report recommends the
following:
1. That Council resolutions supporting a one-year extension to draft plan approval for
the i) Williams Subdivision and ii) Williams Subdivision Plan 2 be adopted
conditional on the applicant maintaining the appropriate subdivision signs on the
properties for public info,,ation purposes;
2. That a copy of this report and the Council resolutions be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of AIderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Alderman Michalczyk abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
$~e Resolution No, 30
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the Minutes of the Regular Meeting of April 27, 1998 be adopted as printed. Carried
Unanimousl. v.
I1~ 31 [ El Illllll I ' '
12 -
DEPUTATIONS
Mr. John Petrella's concerns had been resolved and he did not attend the Council
meeting.
COMMUNICATIONS
Communication No. 161 - Township of North Dorchester- Re: Resolution. The
communication requests that Council support a resolution to petition the Provincial
government to enact legislation to permit only a reusable plastic (PET) pop bottle program
and that the resolution be cimulated to the Premier of Ontado, Minister of the Environment,
Association of Municipalities of Ontario (A.M.O.), Ontado Small Urban Municipalities
(OSUM).
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the request be supported. ¢~rMed Unanimous/v.
Communication No. 162 - City of Orillia - Re: French/English Twinning Program.
The communication requests Council endorse a resolution that Ontado municipalities seek
a meaningful connection with a Quebec municipality involving social, economic and sports
interests, so that the people of Ontado and Quebec can get to know and understand more
of each others' concerns and aspirations.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
communication be received and filed. The motion Carded with Aldermen Campbell,
Pietrangelo and Wing voting contrary to the motion and with all others voting in favour.
Communication No. 163 - Niagara Falls, Canada Visitor & Convention Bureau - Re:
Proclamation. The communication requests that Council proclaim the week of May 18 -
24, 1998 as "Ontario Tourism Week".
ORDERED on the motion of Alderman Cummings, seconded by Alde,,an Fisher, that the
request be supported. Carded Unanimousl.v.
Communication No. f64 - The United Empire Loyalists' Association of Canada - Re:
Proclamation. The communication request that Council proclaim the week of June 14 -
20, 1998 as "United Empire Loyalists Week"in the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Wing, that the
request be supported. Carded Unanimousl.v.
Communication No. 165 - Al & Jacqui Dommasch - Re: Hot Dog Cart. The
communication requests Council consider waiving the 200-foot distance requirement and
permitting a hot dog cart on the property of the Blue Lagoon on Lundy's Lane.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the correspondence be referred to staff and that the next door neighbour be contacted
regarding the matter. Carded Unanimousl_v.
Communication No. 166 - The City of Niagara Falls Disability Advisory Committee -
Re: Proclamation. The communication requests that Council proclaim the week of June
1-7, 1998 as "National Access Awareness Week" in the City of Niagara Falls; and further
that on Monday, May 25, 1998, pdor to the Council meeting, members of the Disability
Advisory Committee challenge Council members to negotiate City Hall in wheelchairs.
Council will be asked to travel from the Senior staff parking lot to Council Chambers
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the request be approved. Carded Unanimously.
Communication No. 167 - Heart and Stroke Foundation of Ontario - Re: Big Bike for
Stroke. The communication requests that Mayor Thomson and members of Council
participate in the 1't Annual Big Bike for Stroke event to be held on May 22, 1998 and
requesting that each dder raise at least $50.00 in pledges or pay a minimum fee to ride the
bike.
-13-
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that
Aldefi-~ian Victor Pietrangelo be appointed Team Captain to co-ordinate the City team for
the Big Bike for stroke event. Carried Unanimousl. v.
Communication No. 188 - James Cameron Welcome Home Committee. Re: James
Cameron event on June 6, 1998. The communication requests Council support and
assistance in delegating the responsibilities to the proper City departments on the following
items: 1) Police escort for the procession; 2) stage at the Lions Park for the presentation;
3) Road barricades for the procession and the park stage; 4) the necessary permits to be
issued; 5) all peri,it fees to be waived; 6) the necessary liability insurance issued; 7)
liability insurance fees waived; 8) pick-up of garbage disposal after the clean up.
ORDERED on the motion of AIderman Michalczyk, seconded by Alderman Cummings, that
the matter be referred to staff. Carded Unanimousl_v.
REPORTS
MW-98-65 - Chairperson, Municipal Parking and Traffic Committee
Recommendations, April 21, 1998 Meeting. The report recommends the following:
1. Appointment of Vice-Chairperson - that Bruce Ward be appointed as Vice-
Chairperson of the municipal Parking and Traffic Committee;
2. Request for an Additional Representative from the Chippawa Business Area - that
a member of the Chippawa BIA, which is in addition to the current representative
from the CBA, be pefi-~)itted to sit on the Committee until the end of the year, at
which time this appointment will be reviewed;
3. MW-98-44 - Chorozy St. at Donlee Dr. (West intersection) - Ali-Way-Stop Request -
that an all-way stop be installed at the intersection of Chorozy St. and Donlee Ddve
(west intersection);
4. MW-98-45 - Front Street- Heavy Vehicle Restriction - that a heavy vehicle rest#ction
be implemented on Front Street, between Portage Road and Norton Street;
5. MW-98-46 - Homewood Avenue - Heavy Vehicle Restriction - that 1) a heavy
vehicle restriction be implemented on Homewood Avenue between Valley Way and
Bridge Street; 2) that a heavy vehicle restriction be implemented on the entire length
of Alexander Crescent and Inglis Drive;
6. Brant Avenue/Cadham Street- Heavy Vehicle Restriction - that a heavy vehicle
restriction be implemented on the following streets: 1) Churchill Street, east of
Drummond Road; 2) Skinner Street, east of Drummond Road; 3)Arad Street, east
of Drummond Road; 4) Cadham Street, east of Drummond Road; 5) Alex Avenue,
north of Mcleod Road; 6) Frontenac Street; 7) Brant Avenue;
7. MW-98-47- Victoria Ave. At Jepson St. - Request for Traffic Signal Installation - that
1) an intersection pedestrian signal (I.P.S.) Be installed at the intersection of Victoria
Avenue at Jepson Street; 2) that funds be included in the 1998 budget for the
installation of the intersection pedestrian signal; 3) that parking be restricted on the
north side of Jepson St. from Victoria Avenue to a point 20m east; 4) that a "No
Stopping" - Tow-a-way" Zone be installed on the east side of Victoria Avenue 20
metres north of Jepson Street;
8. MW-98-51 - Orchard Ave. At Dixon St., - Ali-Way Stop Request - that 1) an all-way
stop be installed at the intersection of Orchard Avenue and Dixon Street; 2) that
parking be restricted on the east side of Orchard Avenue from Dixon street to a
point 30 metres north;
Big I[ [ []l Iltllll I I [
14-
9. 1998 Capital Works Budget - Parking - that the 1998 Capital Works Budget -
Parking (attached) be approved.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
report be received and adopted. Carried (Jnanimousl_v.
See By-law No. 98-95
MW-98-69 - Chair, Municipal Parking and Traffic Committee - Re: Ontario Traffic
Conference Info..ation Report. The report recommends that this report be received for
the info~-r~ation of Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimousl.v.
MW.98.72 . Chief Administrative Officer- Re: Tembind Dust Suppressant. The report
recommends that staff be authorized to purchase approximately 350 tonnes of Tembind
at a cost of $96.57 per tonne, (26. 5%) and $117.17 per tonne (35%) with an option for a
two-year extension, from Marine Clean Ltd.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrange/o, that
the report be received and adopted. Ca~ed Unanimousl. v.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of the April 27, 1998 Community Services Committee meeting;
2. MW-98-67 - Proposal by OMG for Installation of Advertising Info Boxes and Info
Bars on City Road Allowances - that the City accept the proposal by OMG Media
for the installation of Info Boxes and Info Bars on City road allowances subject to
consultation with BIAs on location and advertising and that authorization be granted
to execute a Tri-Party Agreement between OMG, the Region and the City in this
regard;
3. MW-98-66 - Tender 6-98, Tires, Tubes & Repair Service - that Tender 6-98 for
Tires, Tubes and Repair Service be awarded to the second lowest bidder, Demol's
Tire Service of Niagara Falls for the tendered price of $25,632.60;
4. R-98-27 - Amendments to Parks By-law 71-57 - that approval be given to amend
Parks By-law No. 71-57;
5. Public Attitude Survey Report (May 1, 1998) - that 1) the Public Attitude Survey
Report (May 1, 1998) indicating support for installation of water meters in all homes
be received and that the water/wastewater utility based on universal water metering
be implemented; and 2) that e Public Advisory Committee, with representation from
both the metered and non-metered sectors, be established to assist with the public
consultation program on the meter installation program and the water and sewer
rates review.
6. Request for Historical Sign - Village of Chippawa- that the City contribute up to
$5,000.00 for a landscaped Welcome sign on Portage Road; and that the City
provide an interest free loan to the Chippawa Business Association to cover the
balance to be repaid prior to the end of the current budget year;, and that City staff
continue to provide assistance with the project- Opposed: Alde~,~en Orr; Puttick
and Wing;
15 -
7. Alien Encounters Sign - that Alien Encounters be granted permission to install a
styrofoam sign encroaching onto the City road allowance, by way initially of a 60-
day temporary encroachment permit;
8. Traffic Volume & Accidents - Drummond Road - that a resolution be sent to the
Region encouraging them to investigate and to find suitable resolution in relation to
the amount of traffic and accidents which are occurring on Drummond Road
between Lundy's Lane and Dunn Street;
9. Recycling Processing Plant - Recyclables Entering the Landfill - that staff request
the Region to investigate the quantities of waste materials which are being sent to
the landfill site from the Recycling Processing Plant and that a report be provided
to committee members on this matter.
The motion Carded with Aldermen Orr, Puttick and Wing voting contrary to the motion
on the Request for Historical Sign - Village of Chippawa matter and with all others voting
in favour.
F-98-31 . Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the Corporate Services Committee recommend approval by Council of
the accounts totalling $5,116,246. 78 for the period ending May 1 I, 1998.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carded with Aldermen Craitor, Cummings,
Orr, Michalczyk and Wing abstaining from the vote on conflicts of interest previously noted
and with all others voting in favour.
See By-law No. 98-102
CD-98-18 - Chief Administrative Officer- Re: Special Occasion Permits; Niagara
Classics Oldtimers; Niagara Falls Men's Fastball Association. The report
recommends that Council indicate it has no objection to the issuance of a Special Occasion
Permit to the organizations listed in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carded Unanimousl_v.
CD-98-19. Chief Administrative Officer. Re: Special Occasion Permits - The Niagara
Film Festival. The report recommends that Council indicate it has no objection to the
issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimousl. v.
L-98-24 - Chief Administrative Officer- Re: Bartley Encroachment Agreement with
the City4994, 4998, 5004, 5010 & 5014 Maple Street- The report recommends to permit
the continuation of an encroachment of a building upon Maple Street road allowance.
ORDERED on the motion of AIdefir~an Craitor, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimousl. v.
See By-law No. 98-98
L-98-25 - Chief Administrative Officer- Re: Establishment of One Foot Reserve and
Road Widening as Public Highways; Block B Plan M-58 - Glen Drive; part 1 on
Reference Plan No. 59R-1013, Willick Road. The report recommends the following:
1. That a one foot reserve, described as Block B on Plan M-58, be established as part
of a public highway, to be known as Glen Drive;
2. That a road widening, described as part I on Reference Plan 59R-10113, be
established as a public highway, to be known as Willick Road.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
See By-law No. 98-99
I1[[ I[ [ Iii IlIllll I [
16 -
L-98-27- Chief Administrative Officer- Re: Authorization to proceed with the Closing
of part of Marshal Road. The report recommends that Council authorize staff to proceed
with the closing of part of Marshall Road where it intersects the easterly side of the Queen
Elizabeth Highway.
ORDERED on the motion of Alde~rr~an Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimousl.v.
RATIFICA TtON OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the actions taken on the following matters by Committee-of-the-Whole, earlier this evening
be approved:
- Approval of the three (3) creative playground equipment units with one being
donated. Carried Unanimousl. v.
RESOLUTIONS
NO. 30- FISHER. PIETRANGELO. RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to draft plan approval for
i) Williams Subdivision and ii) Williams Subdivision Plan 2 and that the Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision signs on the properties for public information purposes.
AND the Seal of the Corporation be hereto affixed. Carried.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
leave be granted to introduce the fo/lowing by-laws, and the by-laws be read a first time:
98-91 A by-law to authorize the transfer of part 9, Plan 59R-1423 from The
Corporation of the City of Niagara Falls to River Realty Development (1976)
Inc. in exchange for a transfer of part 14, Plan 59R-1423 from River Realty
Development (1976) Inc. to The Corporation of the City of Niagara Falls.
98-92 A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. Respecting supply and installation of screened
topsoil for Cell number 1 of the Mountain Road Landfill Site. (Re: MW-98-61,
April 27/98)
98.93 A by-law to authorize the execution of an agreement with First Niagara
Developments Limited to carry out certain development to generate
increased traffic on Mordson Street.
98-94 A by-law to amend By-law No. 395, 1966, of the former Township of
Willoughby, now in the City of Niagara Falls and By-law No. 79-200, as
amended.
98-95 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop signs, yield signs, Through Highways, Heavy
Vehicles, Parking, Stopping).
98-96 A by-law to amend By-law No. 79-200, as amended. (AM-06/97, 3402 &
3432 Montrose Road)
17 -
98-97 A by-law to authorize a licence agreement, dated April 23, 1998, between
Christos Rigas and Natina Rigas and The Corporation of the City of Niagara
Falls for the purpose of permitting a sidewalk cafe at 6095 Buchanan
Avenue.
98-98 A by-law to authorize an Encroachment Agreement, dated March 10~, 1998,
between Brenda May BaRley and The Corporation of the City of Niagara
Falls for the purpose of permitting the encroachment of eaves of a building
unto Maple Street Road allowance.
98-99 A by-law to establish part 1 on Reference Plan 59R-10113 as a public
highway, to be known as and to form part of Wi/lick Road.
98-100 A by-law to establish Block B on P/an M-58 as a public highway, to be known
as and to form part of Glen Drive.
98-101 A by-law to amend By-law No. 71-57, being a by-law to provide for the
regulation, protection and govemment of all lands and properties owned by
and in the City of Niagara Falls and used for park purposes.
98-102 A by-law to authorize monies for General Purposes (May 11, 1998)
The motion Carried with Aldermen Campbell, Fisher, Orr, Puttick , Volpatti and Wing voting
contrary to the motion on By-law No. 98-91; and Aldermen Craitor, Cummings, Michalczyk,
Orr and Wing abstaining from the vote on By-law No. 98-102 on conflicts of interest
previously noted and with all others voting in favour
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
98-91 A by-law to authorize the transfer of part 9, Plan 59R-1423 from The
Corporation of the City of Niagara Falls to River Realty Development (1976)
Inc. in exchange for a transfer of part 14, Plan 59R-1423 from River Realty
Development (1976) Inc. to The Corporation of the City of Niagara Falls.
98-92 A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. Respecting supply and installation of screened
topsoil for Cell number 1 of the Mountain Road Landfill Site. (Re: MW-98-61,
April 27/98)
98-93 A by-law to authorize the execution of an agreement with First Niagara
Developments Limited to carry out certain development to generate
increased traffic on Mordson Street.
98-94 A by-law to amend By-law No. 395, 1966, of the former Township of
Willoughby, now in the City of Niagara Falls and By-law No. 79-200, as
amended.
98-95 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop signs, yield signs, Through Highways, Heavy
Vehicles, Parking, Stopping).
98-96 A by-law to amend By-law No. 79-200, as amended. (AM-06/97, 3402 &
3432 Montrose Road)
98-97 A by-law to authorize a licence agreement, dated April 23, 1998, between
Christos Rigas and Natina Rigas and The Corporation of the City of Niagara
Falls for the purpose of permitting a sidewalk cafe at 6095 Buchanan
A venue.
III Illl[ll I ] [
18 -
98-98 A by-law to authorize an Encroachment Agreement, dated March I 0~h, 1998,
between Brenda May BaRley and The Corporation of the City of Niagara
Falls for the purpose of permitting the encroachment of eaves of a building
unto Maple Street Road allowance.
98-99 A by-law to establish part I on Reference Plan 59R-10113 as a public
highway, to be known as and to form part of Willick Road.
98-100 A by-law to establish Block B on Plan M-58 as a public highway, to be known
as and to form part of Glen Drive.
98-101 A by-law to amend By-law No. 71-57, being a by-law to provide for the
regulation, protection and government of all lands and properties owned by
and in the City of Niagara Falls and used for park purposes.
98-102 A by-law to authorize monies for General Purposes (May 11, 1998)
The motion Carded with Aldem~en Campbell, Fisher, Orr, Puttick , Volpatti and Wing voting
contrary to the motion on By-law No. 98-91; and Aldermen Craitor, Cummings, Michalczyk,
Orr and Wing abstaining from the vote on By-law No. 98-102 on conflicts of interest
previously noted and with all others voting in favour
NEW BUSINESS
Optimist Park Carnival
Alderman Pat Cummings referred to the recent carnival held at Optimist Park and
indicated that he was of the opinion that the service club needed to have Council
permission to operate a carnival. He was advised by the City Clerk that the carnival was
an event of the Optimist Club.
Niagara Falls Blossom Festival
Alderman Pat Cummings referred to the successful Niagara Falls Blossom Festival,
held on May 9, 1998 and thanked Mayor Thomson for his participation in the Festival.
lan Strathern Presentation
Alderman Norm Puttick referred to the concems of the Strathem family with respect
to receiving financial assistance from the Province for their son, lan. He stated that Mr.
Strethem would be attending a Council meeting in two weeks to discuss the matter.
Thorold Stone Road Ovemass
Alderman Norm Puttick referred to the Thorold Stone Bridge Overpass and the
issue of sidewalk installation and suggested that Mr. Bart Maves be invited to an upcoming
Council meeting to address the issue.
III' [ Ill Ilflllll 1 ]
- 19-
Alderman Norm Puttick indicated that 1,100 long term beds were needed in the
Region and suggested that Mr. Bart Mares be invited to an upcoming Council meeting to
address the concerns.
It was requested that Council representatives to the Hospital Board would bring
back a report on long-term care in the Region.
Bicycle Fun Ride
Alderman Wayne Campbell provided an outline of the City's First Annual Bicycle
Fun Ride event being held on Saturday, May 23, 1998 at Firemen's Park and invited
everyone to attend.
Alderman Klm Craitor provided infofir~ation, on behalf of the Niagara Falls and
District Labour Council, with respect to the plight of exploited child workers throughout the
world and requested that Council support the Niagara Falls and District Labour Council
in making May 13, 1998 the beginning ora successful campaign to stop the exploitation
of child labour.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
Council supports the request. Carded Unanimously.
Condition of Fern Park Facilities
Alderman Klm Craitor referred to a petition headed by Richard McKenzie and Stirling
Kon, requesting - Are you in favour of fixing the Fem Park Baseball facilities and getting
new playground equipment? Alderman Craitor provided the petition to the Director of
Parks, Recreation and Culture.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, to
accept the petition and refer the matter to staff. Carried Unanimously.
Trumpet in my Ear Productions
Alderman Klm traitor recommended that Council attend the new musical, entitled
"Trumpet in My EaY', opening at the Skylon on May 30, 1998.
Nia~_ara Falls Humane Socie~_
Aldem~an Ed Michalczyk provided information on the Niagara Falls Humane
Society's Annual Lottery month and requested everyone's participation.
I[~ I[ [ III IlIllll I [ [
20-
Willou~_hb_v Historical Museum
Alderman Ed Michalczyk advised of his attendance at a recent function on behalf
of the City, and the City receiving a Certificate of Appreciation from the Willoughby
Historical Museum in recognition of the value of our Canadian Heritage through the City's
continuing support of their Community Museum that preserves and presents local history.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
FOURTEENTH MEETING
Committee-of. the-Whole
Committee Room #2
May 25, 1998
Council met on Monday, May 25, 1998 at 6:40 p.m. in Committee-of-the-Whole.
All member of Council, with the exception of Alderman Ken Feren, who was away due to
illness, were present. Mayor Thomson presided as Chairman.
Following consideration of the items presented, The Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
MA YOR WA YNE THOMSON
REGULAR MEETING
May 25, 1998
Council Chambers
Council met on Monday, May 25, 1998 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Ken
Feren, who was away due to illness. Alder~)an Judy Orr offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Janice v~r/ng requested that the Minutes of the Planning/Regular Meeting
of May 11, 1998 be amended to reflect her conflict of interest on Report F-98-31; and to
indicate that Aldermen Fisher and Volpatti voted contrary to the motion on By-law No. 98-
91.
ORDERED on the motion of AIderman Cummings, seconded by alderman Pietrangelo, that
the Minutes be adopted as amended. Carded Unanimousl_v.
DISCLOSURES OF PECUNIAR¥1NTERESTS
Alderman Wing indicated pecuniary interests on Report F-98-35, Cheque Nos.
237511; because she is the Chair of the interest group; and on Cheque Nos. 237434 and
237552, because she has a business relationship.
Alderman Cummings indicated a pecuniary interest on Report F-98-35, Cheque No.
237426 because Acres are involved.
I!11] 11 I: ltl IlIllBI I I I
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-98-35,
Cheque Nos. M92254; M9255 because members of their family are employed by the
Region; and indicated pecuniary interests on Report CD-98-20, because they are involved
with organizations that run bingos.
Alderman Michalczyk indicated a pecuniary interest on Report Nos. FD-98-07; FD-
98-08 and CD-98-22, because he is a member of the volunteer fTrefighters; and on Report
No. CD-98-20 because he is involved with an organization that deals with bingos.
Alde~rr~an Orr indicated a pecuniary interest on Report F-98-35, Cheque No. 237541
because she is employed by the Casino.
PRESENTA TI_ONS
Nian_ara Falls Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory Committee
provided background information on EKCO Canada and indicated that the Niagara Falls
Business Showcase Award is to honour Niagara Falls successful businesses who have
contributed to the economic growth of our community through their substantial
accomplishments.
Mayor Thomson congratulated and presented the City's Business Showcase Award
to Mr. Bob Urquhart, EKCO Canada.
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Andrew Bredin and Mike Doyle in recognition of their outstanding courage and quick
thinking in the saving of human lives.
His Worship Mayor Thomson presented tokens of appreciation to Liana Del Gobbo;
Andrew Hodwitz; Kelly Marshall; Mary Anne Minov; Giselle Salmasi; Sarah Adams;
Vinai Bhagirath; Teresa Chan; Ryan Gilliam and Andrew Thomson, members of the
A.N. Myers Senior & Intermediate Creative Problem Solving Teams, who won the "Think
Bowl Ontario Championships"; and also presented a token of appreciation to Mrs. Anita
Minov who accepted on behalf of A.N. Myer School.
DEPUTATIONS
Mike Stranu_e Ol_vm_nic Trainin~ Fund
Mr. Bill McLatchie, introduced the Mike Strange Olympic Training Fund Committee
to members of Council; provided information on the sponsorship package intended to
raise funds for the Mike Strange Olympic Training Fund and introduced a number of
groups who were making contributions. In attendance was Mike Strange who accepted
contributions from Olympic Quest Patron - Adam Rochon & Richard Grassie on behalf of
the Shamrock Club Junior members; Booster Bond - Klm Craitor, on behalf of the Niagara
Charitable Foundation; Gold Medal Bond - Eric Henry, on behalf of Fruitbelt Development.
Mr. McLatchie indicated that Mike Glatt, on behalf of the /GA at Morrison and
Dorchester had committed to sponsoring a "Nutrition Package" to Mike Strange.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Volpatti, that the Council of the Corporation of the City of Niagara
Falls make a donation of $1,000 toward the Mike Strange Olympic Training Fund. Can~ed
Unanimously.
Nia~_ara Falls Film Festival
Mr. John Van Kooten presented the Official Niagara Falls Film Festival poster to
His Worship Mayor Thomson; provided an update on the upcoming Festival being held
from June 5 to June 14, 1998. Mr. Van Kooten expressed appreciation to all the
volunteers and the community for its support and invited everyone to attend the festivities.
His Worship Mayor Thomson offered best wishes and congratulations to the Festival
on behalf of the City.
PLANNING MA TTERS
PD-98-66 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Application; AM-30/97, Henry Muller; 5340 & 5270 Portage Road; 5605
Stamford Street; 5746 & 5760 Valley Way & Lands to be Leased from Ontario Hydro.
The report recommends the following:
1. That Council approve the Official plan and Zoning By-law amendment application
to permit the construction of a tourist-servicing manufacturers' outlet mall and the
adjoining lands to be used for overflow parking subject to the following:
i) the gross leasable floor area of the mall being lirnited to 92,000 square feet;
ii) provisions being included in the amending by-law requiring landscaping
strips as noted int he report;
iii) no site access being allowed between 5734 and 5796 Valley Way;
iv) the applicant paying cash-in-lieu of parkland dedication;
v) the applicant completing a Traffic Impact Study to the satisfaction of
Regional Engineering and the Ministry of Transportation and incorporating
the findings and recommendations as conditions of approval;
vi) the existing buildings on pamel A being demolished;
vii) the local residents be invited to participate in the preparation of the final site
plan.
2. That the amending by-law not be brought forward until the above-noted conditions
have been satisfied and the final site plan can be presented to Council for
consideration.
- AND -
Communication No. 169 - Ministry of Transportation - Re: Niagara Manufacturers
Outlet Mall; Henry Muller; Part of Lot 1 ~ 3, Stamford Township; Northwest of Highway
420~Stanley Avenue. The communication expresses concerns as outlined in the
communication.
Communication No. 170 - Shabri Properties Limited. The communication expresses
concerns about the potential for increased traffic flow and the increased congestion at the
intersection of Portage and Kitchener.
Communication No. 17~ - Diane Badovinac - 5411 Portage Road. The communication
expresses opposition to the proposal.
Communication No. 172. Regional Niagara, Planning and Development
Department. The communication pro~ides comments as outlined in the communication.
Communication No. 173 - Downtown Board of Management. The communication
advises as being opposed to the proposed amendments.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on May ~,, 1998.
His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor
and the applicant, Mr. Henry Muller, were in attendance and received a positive response
to his request for a show of hands by persons present who were interested in the
application. He requested that all persons wishing to receive further notice of the passage
of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or hi',; agent, in support of the application and positive
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the Background; Planning Review and
Notification Process; Land Use; Landscaping Requirements and the completion of the
Traffic Impact Study.
Discussion ensued with respect to handicap accessibility and handicap ramps; the
widening of Stanley Avenue and having local business participation in the site planning
process.
Mr. George Radojcic, Co-Chair of the Downtown Board indicated opposition to the
proposal for the following reasons: the ~'easable space available in the down, town core;
products and services listed in the proposal seemed to provide direct competition for those
already available in the downtown; and referred to the issue of signage. He also advised
that discussions had been held with the Downtown Board and the Consultant on the
revitalization of the downtown area.
Mr. Victor Muratori, Solicitor, advis(~,~l that the applicant was seeking a r{:-zoning to
permit the development of a factory outlet mall; discussed the site and the proposed land
use; referred to the "Recreational" nature of factory out/et malls and stated the proposal
would be dealing with a particular type' of use with the focus being on tot~r.;sts; and
reviewed the comments of the Ministry of 3'ransportation.
Concerns were expressed with respa,ct to safety aspects of Portage Road access
being utilized as an emergency route to the ,~ospital and of the egress and ingress of tour
buses onto Portage Road.
The Director of Planning and Development advised that the main issues were traffic
control which would be dealt with throa~§'h site plan control; he indicated staff was
agreeable to proceeding with land use a,3~roval; the official plan amendment and the
zoning by-law amendment; and that staff can work with the area residents' concerns
through the site plan. He further advised th~,t the traffic study would look into the issue of
egress and ingress and be brought back to Council for consideration.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-30-97 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
Recommendation No. 1 of Report PD-98-66 be approved. The motion Carried with
Aldermen Orr and Wing voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and fi/ed. Carried Unanimousl.v.
PD-98-67 - Chief Administrative Officer- Re: Mount Forest VI Draft Plan of
Subdivision; File: 26T-11-9804; Owner: Kenmore Homes (1987) Inc. The report
recommends that Council consider input received at the Public Meeting and refer all
matters to staff for the review of the Mount Forest VI Draft Plan of Subdivision.
His Worship Mayor Thomson declared the Public Meeting open and advised that
the purpose of the public meeting was to receive information and to provide an opportunity
for the public to comment on the proposal.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on May 8, 1998.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
Ms. Joan Larocque, Project Consultant, representing Kenmore Homes, provided
an overview of the subdivision proposal and requested Council's consideration.
Mr. David Spence, 2610 Grouse Lane, enquired whether the size of the lots and the
frontage would be consistent with the already developed lots; expressed concems on
whether the existing sewer system would be able to handle present and future homes; the
grade level;;and whether there would be control over the dirt, dust and noise levels. Mr.
Spence requested clarification on the notification process.
The~ City Clerk advised that notice had been given to all owners assessed of/and
within 120~metres of the lands to which the application applied.
The Director of Municipal Works indicated that the sewer system would be designed
to handle~ all future land developments.
Ms. Larocque provided info,,ation on the lot sizes and advised they would be
considerable-sized lots.
Mr. Warren Munroe, advised he was in attendance on behalf of his parents, James
and/::rences Munro who were not in opposition to the development but had the following
concerns; stoi~ water management; land use compatibility; street widths and construction
access. He also suggested that should Silvan Street be renamed, it should be done at the
expense of the developer and not the City.
Ell il' I Ill Illllll I I
Mr. James Quinn, 7253 Woodgate Street, advised that he was not opposed to the
development of the subject property but had concerns on the water management; traffic
impact in the area and requested that consideration be given to permitting traffic to exit
onto Mountain Road.
Mr. Jim Essex, advised he was in attendance on behalf of Mrs. Flowers, whose
property is adjacent to the east of the proposal and expressed concerns with respect to the
design of the road and the land locks portion of her property. He referred to a Surveyor's
design that would bring the driveways from within the subdivision and closing them off of
Mountain Road.
Mr. Andrew Brown expressed concerns regarding the proximity of the proposed
development to the landfill site and enquired whether there would be a condition that
groundwater testing would be carried out with respect to groundwater contamination.
The Director of Municipal Works advised that the City and the Ministry would be
looking into the matter.
Ms. Larocque provided clarification with respect to concerns expressed regarding
the grading and sewer system.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Mount Forest VI Draft Plan of Subdivision
closed.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrengelo, that
the report be referred to staff for a final report. Carried Unanimousl_v.
COMMUNICATIONS
Communication No. 174 - County of Peterborough - Re: Resolution. The
communication requests Council endorse a resolution requesting the Government of
Ontario delay the implementation of the new Municipal Act until public meetings are held
to hear input and concems from the public and elected
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. Carried Unanimousl_v.
Communication No. 175 - Mr. Kwok Yiu Chu - Re: Daily Planet Tap & Eatery
Application. The communication expresses concerns with respect to the application.
Mr. Kwok Yiu Chu was in attendance and expressed concerns with respect to the
cutting down of trees to accommodate the sidewalk cafe and the issue of door access.
During the discussion, the applicant advised that he was requesting that one tree
be removed.
It was noted that Mr. Chu meet with staff and the applicant to discuss the concerns
expressed.
ORDERED on the motion of Alderman Volpatti, seconded by AIderman Orr, that the matter
be referred to staff. Carried Unanimously.
Communication No. '/76 - Township of West Lincoln - Re: Resolution. The
communication requests that Council endorse a resolution supporting the Premier of
Ontario's financial support for Hepatitis C victims and that copies of the resolution be
forwarded to the Hon. Mike Harris.
iii [ Ill [lllll[ 1 ]
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the
communication be received and filed. The motion ¢~rded with Alderman Craitor voting
contrary to the motion and with all others voting in favour.
Communication No. 177 - Greek Orthodox Metropolis of Toronto - Re: Proclamation.
The communication requested that Council proclaim the day of May 29, 1998 as "Patriarch
Bartholomew Day" and further that the flag of the Ecumenical patriarchate be raised at City
Hall during his visit.
ORDERED on the motion of Aldermen Volpatti, seconded by Alderman Cummings, that
the requests be approved. Carded Unanimously.
Communication No. 178 - The Arthritis Society, Niagara Falls Branch - Re: 50~
Anniversary National Arthritis Society. The communication requests that the month
of September be proclaimed "National Arth#tis Month: and request pen~ission to conduct
a residential campaign during the month of September, and further that a flag raising
ceremony be held at City Hall on August 31, 1998 and that the flag remain displayed for
the month of September
ORDERED on the motion of AIderman Cummings, seconded by Alderman Craitor, that the
requests be approved. ¢~rried Unanim~)usl. v.
Communication No. 179 - The Smile Trust/National Kids' Day - Re: Proclamation.
The communication requests that Council proclaim June 6, 1998 as "National Kids' Day.
ORDERED on the motion of AIderman Fisher, seconded by Alderman Pietrengelo, that the
request be supported. ¢~rded Unanimo~sl_v.
Communication No. 180 - Mrs. Jacqueline D'Andrea, 7945 Tad Street - Re: Stop
signs. The communication expresses concems with respect to the removal of stop signs
on the "7"' section of Tad Street and Kirkland Avenue and attaching a petition requesting
that an all-way stop control be re-erected at the intersection of Tad Street at Kirkland
Avenue.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Jenvary, that the
request be referred to Parking & Traffic Committee. Carded Unanimousl_v.
Communication No. 181 - Ms. Italia M. Gilberti, Broderick, Marinelli, Amadio, Hopkins
& Kirkham. Re: Draft Report of Urban Strategies Inc. Tourist Area Development
Strategy. The communication provides comments and expresses concerns on various
issues in the Tourist Area Development Strategy.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
matter be referred to the Consultants for their review. Carded Unanimously.
Communication No. 182 - Best Western Fallsview (Your Host Motor Hotel). Re:
Niagara Falls Tourist Area Development Strategy. The communication comments on
the effect of the proposed policies set out in the Niagara falls Tourist Area Development
Strategy.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
matter be referred to the Consultants for their review. Carded Unanimousl_v.
REPORTS
MS-98-75 - Chief Administrative Officer - Re: Appointment of Inspector - Brian ·
Sparks. The report recommends that Bdan Sparks be appointed as an lnspector pursuant
of the Building Code Act 1992 and that By-law 93-283 be amended accordingly.
ORDERED on the motion of Alde..an Janvary, seconded by Alderman Cummings, that
the report be received and adopted. Carded Unanimousl.v.
See By-law No. 98-105
III] ]1' I' []ll;IHIIIII I [
MW-98-76. Chair, Parking & Traffic Committee. Re: Recommendations from Parking
and Traffic Committee meeting, May f9, 1998. The report recommends the following:
1) MW-98-62 - Erie Avenue - Parking Review- that parking be restricted, except by
residential permit, on the east side of Erie Avenue from Mor~son Street to the northen limit;
2) MW-98- 70 - McGrail Avenue & Magdalen Street - Parking Restrictions & Parking
Meters - that 1) parking meters be installed on the southeast side of McGrail Avenue
between Magdalen Street and Centre Street; 2) that parking be prohibited on the northwest
side of McGrail Avenue between Magdalen Street and Centre Street; 3) that parking
meters be installed on the northeast side of Magdalen Street between Ellen Avenue and
Lewis Avenue; 4) that parking be prohibited on the southwest side of Magdalen Street
between Ellen Avenue and Lewis Avenue;
3) MW-98-71 - Morden Drive/law Avenue - Parking Review- that parking not be restricted
on Morden Drive between Stanley Avenue and Law Avenue and On Law Avenue between
Mo~son Street and Morden Drive;
4) Victoria Avenue - Niagara Transit Bus Stop Relocation - that l) three parking meters,
located on the west side of Victoria Avenue, just north of the most southerly driveway of
Hy & Zels, be removed; and 2) that the Niagara Transit Stop currently on the west side of
Victoria Avenue at Kincaid Place be relocated here;
5) Request to Place Garbage Container- Municipal Parking Lot #10 - that the request from
Mr. Joe Mrkalj, of the Daily Planet Tap & Eatery, to place a garbage container in Municipal
Parking Lot #10, be denied.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, the all
the recommendations in Report MW-98-76, be approved, except!for Report MW-98-71,
Morden Drive/Law Avenue - Parking Review. Ca~ed Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderma.~, Volpatti, that Report
MW-98-76 be referred back to the Parking and Traffic Committee. ~;arried Unanimousl_v.
S~e By-law No. 98-109
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTION_N_S_
ORDERED on the motion of AIderman Pietrangelo, seconded by Alder~:~an Cummings, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of the May 11, 1998 Community Services Committee meeting minutes;
2. R-98-28 - Summer Ice Schedules - that the Schedule for use of Summer/ce hours
at Stamford Memorial Arena be approved; ~
3. FD-98-08 - Fire Truck Purchases - to approve the purchase of two fire apparatus
(a triple combination pumper truck and a water tanker) from Darch Fire at a cost of
$451,700 plus taxes - Alderman Michalczyk declared a con,ct of interest on the
matter;
4. FD-98-07 - Review of Fire Service Operations - that a review b.~:: undertaken of Fire
Service Operations; and that the assistance of the Fire I~/arshall's Off/ce be
requested for the review process and that Aldermen Pat Cummings and Shirley
Fisher be appointed to the Review Committee - Alderman Michalczyk declared a
conflict of interest on this item;
Ill I III Ilfllll[ I ] [
- 9 -
5. Paddock Trail Drive - that Council declare surplus the most westerly 15 feet of Block
219 on Registered Plan No. M-129 and pass a By-law to that effect; and further that
a special meeting of Council be held on June 1, 1998 at 4:30 p.m. in Committee
Room #2 to discuss the possible transfer of the said part Block 219 and all related
matters hereto - Opposed: Aldermen Puttick; Volpatti end Orr
8. N~w Business:
James Cameron Day Event - that approval be given for payment of costs
associated for the mounting of commemorative street signs on Parkway Drive; and
other costs associated with the James Cameron Day event including the insurance
costs and labour costs to set up and take down barricades;
Intersection of Watson Street & Beaverdams Road - that a resolution for a three-
way stop at Watson Street at Beaverdams Road be fo~varded to the Parking &
Traffic Committee for consideration;
Handicapped Parking Spaces at Chippewa Library - that the issue of lack of
handicapped parking spaces at the Chippawa Library be referred to Parking &
Traffic staff for investigation
The motion Carried with Alderman Michalczyk abstaining from the vote on Report FD-98-
07 and FD-9808 on conflicts of interest; and Aldermen Orr, Puttick and Volpatti voting
contrary to the motion dealing with the issue of Paddock Trail Drive and with all others
voting in favour. ;
See By-law No. 98-110
RATIFICATION OFCORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken or3 the following matters by Corporate Services Committee, earlier this
evening be approved:
- Adoption ofthe April 20, 1998 Corporate Services Committee minutes;
- Lighthouse Niagara Resources Centre - that the request for a grant to cover the
rental costs/for the Lighthouse Niagara Resources Centre be referred to staff;
- F-98-32 - Tax Balances at March 31, 1998 - that the report be received for
information;~
- F-98-33 - First Quarter Financial Report- that the report be received for information;
- F-98-34 - Monthly Pre-Authorized Water Payments - that a monthly pre-authorized
water paymel3t for fiat rate water accounts be approved and that the pre-authorized
payments be made available to full time City employees as a weekly deduction
based on four weeks per month;
- F-98-35 - Municipal Accounts - that the municipal accounts totalling $8,806,910.23
for the perio, d ending May 25, 1998 be approved;
- PD-95-69 - City-owned Property at Southeast Comer of Ferguson Street and Dyson
Avenue - th.~t a Phase II Environmental Site Assessment be conducted on the
Municipal Property at Southeast comer of Ferguson Street and Dysan Avenue to
test for the potential of sub-surface contamination and that Conor Pacific undertake
the Phase II E.S.A. for the price of $2,650.00 plus GST;
I[[I] ][' [ Iff ill~llll ] [ [
10-
- HR-98-03 - that the United Way be enlisted to review social service agencies
presently in receipt of the City's permissive grants;
- That an amount of $1,100.00 be transferred to the Chippawa BIA from their funds
being held by the City in order to implement the two Board-approved projects of
Planters for Cummington Square and Drapes for the Gazebo .
Carried
PD-98-62 - Chief Administrative OfFicer- Re: Proposed Quarry Licence Amendment;
Walker Brothers Quarries. The report recommends that the City inform the Ministry of
Natural Resources and Walker Brothers Ouardes Ltd. That it has no objections to the
proposed amendment subject to the conditions outlined in this report.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carded with Alderman Campbell abstaining
from the vote on a conflict of interest and with all others voting in favour.
PD-98-64 - Chief Administrative Officer- Re: Cash-in-lieu of Parking Agreement
between The Corporation of the City of Niagara Falls and Mr. Tan Vo and on behalf
of the owner, Mr. Irving Milchberg, of the property municipally known as 5713
Victoria Avenue. The report recommends that Council authorize a cash-in-lieu of parking
agreement with Mr. Tan Vo and Mr. Milchberg. A by-law authorizing the agreement will be
presented to Council at the next available meeting.
ORDERED on the motion of AIderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimousl_v.
PD-98-65 - Chief Administrative Officer - Re: Cash-in-lieu of Parking Agreement
between The Corporation of the City of Niagara Falls and Mr. Jovo Kuntos, owner of
the property municipally known as 4567 Zimmerman Avenue. The report recommends
that Council authorize a cash-in -lieu of parking agreement with Mr. Jovo Kuntos. A by-law
authorizing the agreement will be presented to Council at the next available meeting.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the report be received and adopted. Carded Unanimousl_v.
PD-98-68 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
10/98, S/S Morrison Street, East of Dorchester Road; Proposed Prestige Industrial
Plaza. The report recommends that Council approve the site plan for a prestige industrial
multi-use building located on the south side of Mordson Street, east of Dorchester Road
(across from Zellers).
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
CD-98-20 - Chief Administrative Officer- Re: Amendments to the Municipal Bingo
Event Calendar. The report recommends the following:
1. That Council amend the bingo event calendar to transfer the bingo event currently
scheduled on Sunday between the hours of 12:00 midnight and 3:00 a.m. to Friday
evening during the same time period;
2. That Council amend the bingo event calendar to reflect the operation of only one
independent bingo, that being a bingo operated at the organizations own hall.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carded with Aldermen Cummings, Craitor
and Michalczyk abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
Ill [ U[ Ilflll[ ] ]
-11
CD-98-21 - Chief Administrative Officer. Re: Dommasch Request for Exemption to
Licence by-law; Distance Separation for Refreshment Vehicles. The report
recommends that the request for exemption from By-law No. 76o102 be denied.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted, Ca~ed Unanimously.
CD-98.22 - Chief Administrative Officer- Re: Special Occasion Permits; The
Chippawa Volunteer Firefightars Association. The report recommends that Council
indicate it has no objection to the issuance of Special Occasion Permits to the organization
listed in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Car#ed with Alderman Michalczyk abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
L-98-28 - Chief Administrative Officer- Re: New Development Charges Act; Retention
of Consultant. The report recommends that C.N. Watson and Associates ltd. Be retained
to assist the City in drafting a new Development Charges By-law and if required, to assist
in negotiations with Ontarfo Casino Corporation ("OCC") and with developers regarding
bonusing and related matters in the tourfst core.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Ca~ed Unanimously.
L-98-29 - Chief Administrative Officer- Re: Guidelines for City of Niagara Falls Logo.
The report recommends that the guidelines for use of the City of Niagara falls logo, set out
in Schedule "A' attached hereto, be adopted.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Michalczyk, that
the report be received and adopted. Carrfed Unanimously.
L-98-30 - Chief Administrative Officer - Re: Campbell Agreement with the City; part
2 on Reference Plan No. 59R-5340; Miller Road. The report recommends that the City
enter into an Agreement with James Crewford Campbell and Victorfa Lynn Campbell,
dated May 8, 1998, regarding application for a Building Permit.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. The motion Carrfed with Alderman Pietrangelo abstaining
from the vote on a conflict of interest and with all others voting in favour.
$~e By-law No. 98-107
L-98-31 - Chief Administrative Officer - Re: Winslow Agreement with the City;
Information Kiosk; 5615 Stanley Avenue. The report recommends that the City enter
into an Agreement with Carmelle V~nslow, dated Ap#129, 1998, regarding the continuation
and maintenance of an inforr~iation kiosk.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimousl. v.
See By-law No. 98-106
L.98-32 - Chief Administrative Officer- Re: Authorization to proceed with a Licence
Agreement with Gary Stepien and Marlene Sobie-Stapien; rear of 5220 Timothy
Crescent to Valley Way, The report recommends that staff be autho#zed to proceed with
a £icence Agreement to permit a drfveway from the rear of 5220 Timothy Crescent to
Valley Way.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Ca,ed Unanimously.
CA0-98-02 - Chief Administrative Officer- Re: Federation of Canadian Municipalities
Partnership Program with the Czech Republic. The report recommends that the City
participate in the Federation of Canadian Municipalities Partnership Program with the
Czech Republic.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carrfed Unanimously.
lie II I! IIlilllllBI I I ~
12 -
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the actions taken on the following matter by Committee-of-the-Whole, earlier this evening
be approved:
Sign on Municipal Property - that the Agreement the City has with Rainbow Motor
Inn be amended to provide for a 5-year term at a $2. O0 per year rental. Carried
Unanimousl_v.
RESOLUTIONS
NO. 31 - CRAITOR - MICHALCZYK - WHEREAS a Liquor Licence Application has been
made by the C.O.B.R.A. Club for a licensed establishment at 6365 Drummond Road,
Niagara Falls, Ontario; AND WHEREAS the Application is scheduled to be heard before
the Alcohol and Gaming Commission of Ontario on Wednesday, May 27, 1998 at 10:00
a.m. in Council Chambers; AND WHEREAS the City of Niagara falls has received
numerous complaints from area residents regarding noise from the C.O.B.R.A. Club and
intoxicated patrons of the C.O.B.R.A. Club vomiting and urinating on area properties; AND
WHEREAS the City of Niagara Falls has, as a result of those complaints, laid charges
against the C.O.B.R.A. Club under the City of Niagare Falls By-law No. 7535, 1967 as
amended; AND WHEREAS a resolution of Council may be provided to the Alcohol and
Gaming Commission of Ontario at the Hearing as evidence of the needs and wishes of the
residents of the City of Niagara Falls; NOW BE IT RESOLVED for the above reasons that
Council is opposed to the Liquor Licence Application by the C.O.B.R.A. Club as it is not in
the public interest. AND BE IT FURTHER RESOLVED that staff appear in opposition to
the said application. Carried Unanimously
NO - 32 - VOLPATTI - CAMPBELL - BE IT RESOLVED THAT the Council of the
Corporation of the City of Niagara Falls authorize staff and the Mayor to approach the
Provincial government, and request specifically, a response with respect to The Toronto
Star article dated Sunday, May 24, 1998 concerning the Casino proposals; and FURTHER
BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls
authorize staff and the Mayor to be involved in negotiations with the Province to ensure
that the final Casino/Gateway proposal is harmonious with the City of Niagara Falls'
statement of goals and economic plan; and FINALLY BE IT RESOLVED THAT the
Council of the Corporation of the City of Niagara Falls insists that it have a say in issues
affecting the City as a condition of accepting any proposal related to the Casino/Gateway
project.
AND the Seal of the Corporation be hereto affixed. Carried Unanimousl_v.
BY-LAWS
ORDERED on the motion of AIdem,an Pietrengelo, seconded by AIderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-103 A by-law to authorize the transfer of part 9 and Part 15 of Plan 59R-1423
from The Corporation of The City of Niagara Falls to River Realty
Development (1976) Inc. in exchange for a transfer of part of Part 14, Plan
59R-1423 from River Realty Development (1976) Inc. to The Corporation of
the City of Niagara Falls.
98-104 A by-law to amend by-law No. 79-200, as amended. (AM-31/97, 4751
Montrose Road)
98-105 A by-law to amend By-law No. 93-283, as amended, being a by-law to
appoint a chief building official and inspectors under the Building Code Act.
13 -
98-106 A by-law to authorize an Agreement, dated April 29, 1998, between Carmelle
Winslow and The Corporation of the City of Niagara Falls for the purpose of
permitting the continuation and maintenance of an information kiosk.
98-107 A by-law to authorize an Agreement, dated May 8, 1998, between James
Crawford Campbell, Victoria Lynn Campbell and The Corporation of the City
of Niagara Falls regarding application for a Building Permit.
98-108 A by-law to authorize a licence agreement, dated May 19, 1998 between
1083278 Ontario Limited, Jovo Mrkalj, Milic Mrkalj and The Corporation of
the City of Niagara Falls for the purpose of permitting a sidewalk cafe at
4573 Queen Street.
98.109 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Meter Zones, Standing, Stopping,
Parking)
98-110 A by-law to dec/are surplus the most westerly 15 feet of Block 219 on
registered Plan No. M-129 and to authorize that public notice be given of the
said land being declared surplus and of a proposed land exchange with
River Realty Development (1976) Inc.
98-111 A by-law to authorize monies for General Purposes (May 25, 1998).
The motion Carried with Alderman Orr voting contrary to the motion on By-law Nos. 98-103
and 98-110; Aldermen Cummings, Craitor, Orr and Wing abstaining from the vote on By-
law No. 98-111 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
98-103 A by-law to authorize the transfer of part 9 and Part 15 of Plan 59R-1423
from The Corporation of The City of Niagara Falls to River Realty
Development (1976) Inc. in exchange for a transfer of part of Part 14, Plan
59R-1423 from River Realty Development (1976) Inc. to The Corporation of
the City of Niagara Falls.
98-104 A by-law to amend by-law No. 79-200, as amended. (AM-31/97, 4751
Montrose Road)
98-105 A by-law to amend By-law No. 93-283, as amended, being a by-law to
appoint a chief building of~cial and inspectors under the Building Code Act.
98-106 A by-law to authorize an Agreement, dated Apri129, 1998, between Carmelle
Winslow and The Corporation of the City of Niagara Falls for the purpose of
permitting the continuation and maintenance of an information kiosk.
98-107 A by-law to authorize an Agreement, dated May 8, 1998, between James
Crawford Campbell, Victoria Lynn Campbell and The Corporation of the City
of Niagara Falls regarding application for a Building Permit.
98-108 A by-law to authorize a licence agreement, dated May 19, 1998 between
1083278 Ontario Limited, Jovo Mrkalj, Milic Mrkalj and The Corporation of
the City of Niagara Falls for the purpose of permitting a sidewalk cafe at
4573 Queen Street.
98-109 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking Meter Zones, Standing, Stopping,
Parking)
III] I[ [ Iii II~llll I I [
14-
98-110 A by-law to declare surplus the most westerly 15 feet of Block 219 on
registered Plan No. M- 129 and to authorize that public notice be given of the
said land being declared surplus and of a proposed land exchange with
River Realty Development (1976) Inc.
98.111 A by-law to authorize monies for Genera/Purposes (May 25, 1998).
The motion Carried with Alderman Orr voting contrary to the motion on By-law Nos. 98-103
and 98-110; Aldermen Cummings, Craitor, Orr and Wing abstaining from the vote on By-
law No. 98-111 on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
City's First Annual Fun Ride
Alderman Janvary thanked everyone for their participation in the City's 1't annual
bicycle fun ride event that was held on Saturday, May 23, 1998 at the Firemen's Park.
HOS_Dital Auxilia~_ Walk for Women's Wellness
Alderman Janvary referred to the Hospital Auxiliary Walk for Women's Wellness to
be held on June 7, 1998 with proceeds going to costing of Mammography Breast
Screening Equipment.
Disabili~_ Advisor_ Committee Challen~_ e
Alderman Cummings thanked members of Council for their participation in the
wheelchair challenge to negotiate City Hall in wheelchairs and to see the hardships that
are involved for a handicapped individual.
Letter of Cono_ratulations
Alderman Fisher requested that a letter of congratulations be forwarded to Mr. Tim
Sloanes' Grade 7 and Grade 8 class, at Orchard Park public school for winning the A& E
Teacher Grant Program contest.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
of congratulations be forwarded to Mr. Tim Sloanes Grade 7 and Grade 8 class at Orchard
Park public school for winning the A & E Teacher Grant Program Contest. C~rried
Unanimously.
Thorold Stone Bridu_e Bicycle Path
Alderman Campbell referred to discussions held at the Bicycle Committee meeting
dealing with the Thorold Stone Bridge path and advised that in the original plans bicycle
paths and sidewalks on the north and south side of the road had been identified as a
major cycle roadway. He suggested that a letter be forwarded to the Region and the
Ministry of Transportation, to ensure that the bicycle pathways be installed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
a letter be forwarded to the Region and to the Ministry of Transportation to ensure that the
bicycle pathways be installed at the Thorold Stone Bridge as indicated in the original plans.
Carried Unanimously.
-15-
James Cameron Celebrations
Alderman Michalczyk provided further information on the James Cameron event; he
referred to the preparation of a commemorative scroll for signature by the community;
invited everyone to attend the festivities on June 6, 1998 at 11 a.m.
Niao_ara Falls Casino Pro_uosals
Mayor Thomson referred to a recent news article in The Toronto Star with respect
to the Casino proposals and requested Council's support through a resolution dealing with
the matter.
RESOLUTION NO. 32 - VOLPA TTI . CAMPBELL - BE IT RESOLVED THAT the Council
of the Corporation of the City of Niagara Falls authorize staff and the Mayor to approach
the Provincial government, and request specifically, a response with respect to The
Toronto Star article dated Sunday, May 24, 1998 concerning the Casino proposals; and
FURTHER BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara
Falls authorize staff and the Mayor to be involved in negotiations with the Province to
ensure that the final Casino/Gateway proposal is harmonious with the City of Niagara Falls'
statement of goals and economic plan; and FINALLY BE IT RESOLVED THAT the Council
of the Corporation of the City of Niagara Falls insists that it have a say in issues affecting
the City as a condition of accepting any proposal related to the Casino/Gateway project.
AND the Seal of the Corporation be hereto affixed
Carded Unanimously
Summer Leisure Guide
Alderman Wing referred to the 1998 Summer 1998 Leisure Guide that had been
prepared through the City's Parks, Recreation & Culture Department, to provide a
comprehensive listing of youth programs for the summer months and encouraged everyone
to utilize it.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
Bill I1' I El IlIllll I I I
FIFTEENTH MEETING
SPECIAL COUNCIL MEETING
Council Chambers
June 1, 1998
Council met on Monday, June I, 1998 at 4:30 p.m. in a Special meeting for the
purpose of considering land exchange between River Really Development (1976) Inc. and
the City of Niagara Falls with respect to the westerly 15 feet of Block 219 and the westerly
15 feet of Block 218, Plan No. M-129 (Kin Park). All members of Council, with the
exception of Alderman Feren, who was away due to illness, were present. His Worship
Mayor Thomson presided as Chairman.
Prior to dealing with matters of land exchange, His Worship Mayor Thomson
referred to correspondence received from the Ontario Casino Corporation commenting on
recent media reports questioning the credibility of the selection process which resulted in
the selection of Falls Management Company as the preferred proponent.
Communication No. 183. M.P. Eric Lowther, Calgary Centre - The communication
advises of a private member's bill, Bill C-397, which proposes to make communicating for
the purposes of prostitution (section 213 of the Criminal Code) a dual or 'hybrid" offence
and requesting support of the initiative.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Wing, that the
initiative be supported. Carried Unanimousl_v.
In his opening remarks, the City Solicitor discussed a proposed land exchange of
the westerly 4.57 metres (15 feet) of the City's undeveloped Kin Park on Alpine Drive for
the same sized strip along the west boundary of the proposed subdivision and once
accepted, the City could dec/are the land surplus. He referred to correspondence
submitted by Mr. Branscombe, River Really, requesting Council's approval for payment
of $20,000 toward reimbursement of the developer's costs associated with shifting the
subdivision design.
Mr. Bob Walters, Walco Development, raised concerns with regard to the
initial subdivision for West Meadow respecting parkland dedication and the block intended
for a school; and he was of the opinion that his firm should be refunded the monies paid
at the time. Mr. Waiters suggested that the developer pay a 5% land dedication, as this
would be a new subdivision.
The Director of Community Services advised that the City's position was that the
subject land dedication had been concluded with greaterthan 5% having been paid to the
City and that no refund was required.
Mrs. Francine Sullivan, 7875 Alpine Drive, questioned whether by conveying the
15 foot parcel of land, would the 5% dedication be in place and could it be deemed surplus
lands. She was advised by the Director of Community Services that the area would have
adequate lands for a park.
Il]] [ [i I~/IIlllll I [
Mrs. Jeanette French, 4410 Paddock Trail Drive, stated that property owners had
purchased their properties in good faith; requested Council's resolution on the matter and
appreciated Council's efforts in this regard.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Janvary, that the matter be deferred to provide an opportunity to
discuss the matter. The motion was lost.
Following further discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by AIderman Volpatti, that Council turn down the request to pay $20,000 to River
Realty as outlined in their letter of May 29, 1998.
Carried
There being no further business, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Michalczyk, that the meeting be adjoumed. Carried
Unanimousl_v..
READ AND ADOPTED,
SIXTEENTH MEETING
Committee-of-the-Whole
Committee Room #2
June 8, 1998
Council met on Monday, June 8, 1998 at 6:00 p.m. in Committee-of-the-Whole. All
members of Council, were present. Alderman Norm Puttick presided as Chairman.
Following consideration of the items presented, The Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
MA YOR WA YNE THOMSON
PLANNING MEETING
Council Chambers
June 8, 1998
Council met on Monday, June 8, 1998 at 7:00 p.m. for the purpose of considering
Planning/Regular Business matters. All members of Council, were in attendance.
Alderman Norm Puttick offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report F-98-36, Cheque Nos.
237736; 237634 because she has a business relationship.
Alderman Cummings indicated a pecuniary interest on Report F-98-36, Cheque No.
237959 and 237634 because Acres is the recipient.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-36,
on Cheque Nos. 237641; 237766; M92271; M92270 because members of their family are
employed by the Region.
Alderman Orr indicated a pecuniary interest on Report F-98-36, Cheque No. 237784
because she is employed by the Casino.
Alderman Michalczyk indicated a pecuniary interest on Report F-98-36, on Cheque
Nos. 237758; 237789; 237794 and 237795, because he is a volunteer firefighter.
III] I I; III Illllal I I ~
- AND -
Communication No. 184 - Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the application subject to the local
planning requirements.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on May 8, 1998.
His Worship Mayor Thomson received indication that the applicant, Mr. Ralph
Tallman, was in attendance and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the recommendations of staff in the
Planning Report PD-98-70; landscaping requirements; daylight triangle and loading dock
access. He further advised that planning staff were recommending approval of the
application subject to site plan agreements.
Mr. Charles Jones, 4240 Hickson Street, provided a tape recording of the noise
being emitted from the factory and requested that noise attenuation barriers be installed.
It was noted that noise attenuation barriers would be looked at by the Miniistry of
the Environment and Energy.
Mrs. Margaret Farewall, 4457 Buttrey Street, raised concerns with respect to the
noise emitted from the building; the proximity of the building to Hickson; would this
proposal increase the volume of traffic and the access of heavy-duty vehicles and
equipment onto Hickson.
Mr. Ralph Tallman, President, Niagara Bronze Ltd. provided clarification with respect
to activity on Hickson Street and stated all their Shipping and Receiving was done on
Broughton; indicated according to law, an access door was required onto Hickson Street,
but that it would not be used as a shipping door, advised that it was his understanding that
Mr. Jones' recording had been taken during the monthly sand filling of the silo. Mr.
Tallman indicated that that there would be less noise as this would be an insulated
building; closer to the road with a green belt and landscaping features.
In response to questions raised, the Deputy Director of Planning and Development
stated the building was to be 24 feet in height and that a fence would not decrease the
noise; and it was staff's recommendation that, in addition to landscaping their property
that the applicant also landscape the City boulevard.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-16-97 closed.
Ill Illllll I I [
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor , that
the application be approved subject to site plan agreement and that the residents have
the opportunity to be involved. Carried Unanimousl_v.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimousl.v.
PD-98-71 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-15/98, 6240 McLeod Road; Proposed Commercial/Residential Development. The
report recommends that Council approve the application to permit a two storey, 8, 640 Sq.
Ft. addition, for commercial space and seven apartment units, to the plaza known as 6240
McLeod Road conditional upon the applicant providing a 10.0 foot landscape strip along
the west property line.
- AND -
Communication No. 185- Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the approval of the application
subject to the requirements of Regional Public Works.
Communication No. 186- Regional Niagara, Regional Public Works Department. The
communication advises as having no objections to the rezoning and provides additional
comments with respect to road allowances; services; drainage; access; permits and survey
evidence.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on May 8, 1998.
His Worship Mayor Thomson received indication that Mr. Chris Cristelli, was in
attendance on behalf of the applicant and received a negative response to his request for
a show of hands by persons present who were interested in the application. He requested
that all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving
the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches; discussed the Planning Review; the Public
Notification Process and recommended approval of the application.
Mr. Chris Cristelli advised that the applicants would be happy to provide the 10 foot
grass strip on the west side as requested; he further indicated that through discussions
with the neighbours, there were no adverse comments. Mr. Cristelli responded to
questions raised and stated that the house immediately to the west was rented and that
the proposal does show a closed board fence along the west and south side.
!1] [ Ill IIllll[ I ]
Since ng further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-15-97 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrange/o, that
the report be received and adopted. Carded Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
correspondence be received and filed. Carded Unanimousl_v.
PD-98-72. Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-f4/98, 527534 Ontario Limited o/a Campark Resorts; 9387 Lundy's Lane. The
report recommends that Council approve the Zoning By-law amendment application to
legalize a recent expansion of the campground subject to the applicant paying cash-in-lieu
of parkland dedication for the/ands to be rezoned.
- AND.
Communication No. 187- Regional Niagara, Planning and Development Department.
The communication advises as having no objection to the proposal.
Communication No. 188 - Regional Public Works Department. The communication
advises as having no objections to the rezoning, but states that the Regional Niagara
Public Health Department would be required to approve any private servicing additions to
accommodate this proposal.
Communication No. 189. CN Engineering Services. The communication provides
comments with respect to a minimum setback; the installation and maintenance of a chain
link fence; and any proposed alterations to the existing drainage pattern affecting Railway
property must receive prior concurrence from the Railway.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on May 8, 1998.
His Worship Mayor Thomson received indication that the applicant, Ms. Diane
Vankleef, was in attendance and received a negative response to his request for a show
of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or wdtten
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; discussed the Background; Planning Review and the Public
Notification Process and recommended approval subject to a 2% cash-in-lieu of parkland
dedication.
I[]] I 'i![ll IIlllll I [
Ms. Diane VanKleef advised that application had been made to the City for the
cabins, but that this was not legally within the urban area and she was advised to go
through the zoning process. She also provided clarification with respect to the extension
of services and advised that the area was currently used for watering purposes for the
growing of trees and shrubs for the campground.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-14-97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimousl_v.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the correspondence be received and filed. Carried Unanimousl_v.
Report: PD-98-74 - Chief Administrative Officer- Re: AM-19/98, City of Niagara Falls;
General Amendment to Zoning By-law No. 79-200. The report recommends that the
general amendment to Zoning by-law 79-200 be supported and that the amending by-law
appearing in tonight's agenda be adopted by Council.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to regulations by publication in the Niagara Falls Review on May 16, 1998.
His Worship Mayor Thomson received a negative response to his request for a
show of hands by persons present who were interested in the application. He requested
that all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches; discussed the background information and the
public notification process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-19-97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimousl.v.
ORDERED on the motion of Alderman Cummings, seconded by Alde/~f~an Volpatti, that
the correspondence be received and filed. Carried Unanimousl_v.
PD-98-77 - Chief Administrative Officer - Re: Summary of Input and Overview of
Tourist Area Development Strategy. The report recommends the following:
1. That Council receive the Tourist Area Development Strategy report dated June,
1998;
2. That Council set June 29, 1998, as a date for a Council Workshop between the
Aldermen and the Consultants;
3. That Council proceed to a public meeting under the Planning Act on July 13, 1998
to adopt an Olficial Plan amendment and zoning changes to implement the Tourism
Strategy.
-AND -
Communication No. 190 - Broderick, Marinelli, Amadio, Hopkins & Kirkham. The
communication comments and requests Council consideration in amending the proposed
guidelines to permit construction of high-#se buildings on Victoria Avenue.
Communication No. 191 - Brfan Sinclair, Q.C. The communication provides comments
and expresses concems with respect to the height restrictions proposed for the City of
Niagara Falls.
Communication No. 192 - Frank Lapenna. The communication provides comments and
expresses concerns with respect to the heigh restrictions and permitting higher
development along the escarpment and lower development beyond.
Communication No. 193 - MacDonald, Altman, Sager. The communication advises as
being in opposition to the proposed changes to the official plan with respect to height
restrictions in the Lundy's Lane district.
Communication No. f94 - William A. Amadio - Re: Niagara Falls Tourist Area
Development Strategy Study regarding Niagara Glen View Tent & Trailer Park. The
communication comments on the Tourist Area Development Strategy Study with respect
to height allowances and the failure to address specific height allowances.
His Worship Mayor Thomson advised that no decisions would be made at this
meeting and that Council receive all the documents summarized in the report, and that
June 29, 1998 would be set for a Workshop to deal with the concerns and to make
recommendations dealing with the height issue.
Mrs. Sue McDowell, Inn by the Falls, referred to recommendations dealing with
expansions from 11 storeys to 17 storeys; advised that the height restrictions in the Tourist
Area Development Strategy would have very serious implications on their property and the
properties in the area; referred to the study permitting 30 storey buildings on one side of
Victoria Avenue and only ten storeys on the opposite side. She indicated that in view of
the deep concern for the value and growth of the tourist business in the Victoria Centre,
Bender Hill, Highway 420 and Rainbow Bridge area, that Council consider their concems
with respect to height restrictionns and discussed the importance of graenspace, and
landscaping.
The Deputy Director of Planning and Development responded to questions raised
with respect to the notification process; advised that a number of stakeholders in the
community had been notified as well as the BIA's were invited and they were to be the
conduit between the consultants and their business representatives. He indicated that the
Board Chairmen were invited to each of the sessions and that representation was direclty
with the business community, agencies or departments.
III Illlll[ I I [
Ms. Italia Gilberti, Solicitor for numerous members of the toudsm and hospitality
industry and several property owners advised that she was in attendance to voice the
opinions and concerns of her clients, raised by the provisions of The Final Report of the
Development Strategy. She commented on the issue of height restrictions; the location to
the end of the Grand Boulevard and that Council reconsider extending the end of the
Grand Boulevard to Bender Hill and maintain the intersection on the lands owned by The
Ritz Motel Limited; expressed concems with respect to the Contradictory Policies
respecting the Provision of an Amhitectural Peer Review; referred to the Reference of
Deferring Tourism Development; addressed the issue of 2% Parkland Dedication; the
Bonusing System and the Rezoning Application Guide; and urged Council to consider
the consequences of these actions and the impact their approval of the revised guidelines
would have.
Ms. Gilberti referred to the lemmolo application requesting an 11 storey approval
and indicated that she was seeking Council's assistance and final approval of the 11 storey
approval in order that her client could proceed in his construction matters.
It was suggested that Ms. Gilberti meet with staff and the consultant to rectifiy some
of the concerns expressed.
Mayor Thomson indicated that Planning staff would be holding an "Open House" for
the genera/public and tourist operators between now and July 13, 1998 with a notice being
given through the newspapers and the Visitor & Convention Bureau. He advised that this
would be a drop-in session for individuals to ask questions and make comments that would
be considered.
It was noted that staff be instructed to have a meeting with the private stakeholders
as a Worshop prior to June 29, 1998 and that a meeting of Council be set and that the
matter come back July 13, 1998 for a meeting.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
report be received and adopted as amended. Carded Unanimousl. v.
PD-98-73 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-5/98, 3896 & 3922 Portage Road; Proposed Stamford Community Funeral
Chapel. The report recommends that Council approve the site plan for a proposed funeral
chapel located at 3896, 3906 and 3922 Portage Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Carded Unanimousl_v.
PD-98-75 - Chief Administrative Officer- Re: Recommendation Report- West
Meadow Extension IV Plan of Subdivision; File: 26T-f f-9803; Owner: River Realty
Development (f976) Inc. The report recommends the following:
1. That the West Meadow Extension IV Draft Plan of Subdivision be approved subject
to the conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
His Worship Mayor Thomson received indication that Mr. John Mestek, River Realty
Development (1976) Inc. was in attendance and received a positive response to his
request for a show of hands by persons present who wished to speak to the application.
i]] I I]l IIM Ill 1 I [
Mr. Bob Walters, Walco Developments, requested that the monies paid by his
firm on the initial subdivision on behalf of the School Board be refunded..
The City Solicitor provided clarification with respect to Mr. Walters' concems and
advised that under the Planning Act, Council had the right to demand up to 5% for a park
or cash-in-lieu on land to be developed; he further indicated that Wa/co Developments had
received a credit or reduction for the various levies paid for the excess land that the City
required for a park; and that the City took more than 5% and paid fair market value for the
land. The City Solicitor further advised that under the Planning Act, the developer is
obligated to provide a school site if it is required and that the expenses that Walco
Development incurred for servicing and extended sewers were costs that any developer
had to incur under the Planning Act.
Mr. John Mestek reviewed information provided by Mr. Branscombe with respect
to a meeting held with City staff,, River Realty and the Mayor to discuss the exchange terms
to which River Realty would agree to the 15 foot strip.
The Director of Community Services responded to comments made by Mr. Mestek
and stated there had clearly been a misunderstanding of the information presented at the
meeting, which had resulted in Mr. Branscombe's letter of last week.
In response to questions raised, the Director of Community Services stated that
Council's decision at the June 1, t998 Special Council meeting, was not to accept Mr.
Branscombe's letter with respect to the $20,000 and that there were no further discussions
to negotiate anything less than $20,000; also, that correspondence received by Council
later in the week respecting an offer of $10,000 was a reflection of a conversation with the
City Solicitor and Mr. Branscombe regarding the results of Council's decision in response
to Mr. Branscombe's original letter.
Discussion ensued with respect to deferring the application to the present plan of
subdivision and accepting Mr. Branscombe 's offer of $10, 000.
The City Solicitor stated that he was of the view that Council had tried to help the
residents in the area and that those matters were not relevant to the present plan of
subdivision and further, in response to a question raised, he advised that if the application
was delayed, there could be possible liability to the City.
Mr. Mestek advised members of Council that he had no instructions to accept
Council's offer of $10, 000.
Mr. Mestek stated that the proposal had been reviewed with the Planning and
Engineering Departments who were in full support of the plan, subject to the conditions
attached to the report; he indicated the proposal was in harmony with the surrounding
residential community and that the land use was in conformity with the City's Official Plan
and zoning requirements. He advised as being in agreement with staff's recommendations
for approval along with conditions of draft plan approval and requested that Council
support the application.
Mr. Rick Sage, 4420 Paddock Trail Drive, enquired why Mr. Branscombe would
be charging the City for delays in the development if the matter was still under discussion.
Mr. Crossingham, Solicitor on behalf of the owners on Paddock Tra# Drive,
referred to Section 42 of the Planning Act, permitting the municipality to impose a top up
of 5% park dedication at the building permit stage at building permit values. He suggested
that Mr. Branscombe meet with the residents and staff to continue the good faith
negotiations and that staff be authorized to review the provisions of Section 42 of the
Planning Act with the developer.
I[~ [ [ i [~l Illl[ll I [ [
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Discussion ensued as to whether Council could re-introduce the topic of the
$10, 000 or $20,000 at this time and the City Clerk provided clarification with respect to
the City's procedural by-law regarding motions for reconsideration.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Feren, to re-introduce the subject of compensation to Mr.
Branscombe forthe 15 foot parcel of land. The motion was Defeated with Aldermen Wing,
Cummings, Puttick, Campbell, Volpatti, Fisher and Orr voting contrary to the motion and
with all others voting in favour.
Following further discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderrr~an Volpatti, that Report PD-98-75 be received and adopted. The
motion Car~ed with Alderman Janvary, Orr and Wing voting contrary to the motion and with
all others voting in favour.
PD.98-76- Chief Administrative Officer- Re; Ministry of Municipal Affairs & Housing;
Proposed Development Permit System. The report recommends that Council consider
adopting the attached resolution at its special workshop meeting regarding the Tourist Area
Development Strategy Study.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimousl. v.
REGULAR MEETING
ADOPTION OF MINUTES
Alderman Craitor requested that the Minutes of the May 25, 1998 Council meeting
be amended to reflect his opposition to the motion on Communication No. 176, from the
Township of West Lincoln.
ORDERED on the motion of Alderman Cummings, seconded by Alde..an Feren, that the
Minutes of May 25, 1998, be adopted as amended. Carded Unanimously.
COMMUNICATIONS
Communication No. f95- Town of Fort Erie, Office of the Clerk- Re: Environmentally
Contaminated lands under Tax Sale. The communication requests Council support a
resolution requesting the Honourable Norm Sterling, Minister of the Environment to take
a more active role in advising municipalities regarding the management of contaminated
lands in tax arrears, and in particular the review of Phase 1 Environmental Site
Assessments.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the resolution be supported. Carried Unanimousl_v.
Communication No. 196 - Regional Niagara, Administration, Office of the Clerk - Re:
Recommendations for Program and Services Restructuring Report of the Ad Hoc
Committee on Review of Municipal Services. The communication requests comments on
the Ad Hoc's Committee's recommendations to Regional Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the matter be referred to staff. Carried Unanimousl_v.
Communication No. 197 - Mr, Vito Cuviello- Re: Request for Water Fountain. The
communication requests Council permit a Water Fountain and a Johnny-on-Spot at
Carolyn Park located off Dawson Street.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Carried Unanimousl_v.
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11
Communication No. 198 - Mike Co#e, M.P.P. Legislative Assembly. Re.* Bill 20. The
communication requests Council support of Bill 20, An Act to amend the Highway Traffic
Act to improve Safety at Highway Intersections by providing for the installation and use of
Red Light Cameras.
Following some discussion, on the motion of Alderman Cummings, seconded by
Alderman Pietrangelo, that the matter be referred to staff. The motion was Lost in a tie
vote.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
request be supported. The motion Carried with Aldermen Wing, Fisher, Feren, Janvary,
Puttick, Campbell, Craitor and Michalczyk voting in favour.
Communication No. 199 - Neon Products Ltd. - Re: Niagara Impedal Hotel Ltd. (c/o
Comfort Suites/International Beer House, 5851 Victoda Avenue). The communication
requests that Council permit a sign on the property of Comfort Suites/International Beer
House)
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Puttick, that the
matter be referred to staff. Carried Unanimously.
Communication No. 200 - Rick & Diane Aiello, 1785 St. Paul Avenue - Re: Urban
Service Area. The communication requests that since water mains had been installed
near their property line, that they would like to apply to have water service installed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
matter be referred to staff. Carded Unanimously.
Communication No. 201 - Howard Webb, 61 Burness Drive - Re: The Canadian Soap
Box Derby. The communication advises that the Canadian Soap Box Derby was holding
a race on Hanan Avenue on June 6, 1998 from 8:00 a.m. to 5:00 p.m., and requesting that
the fee of $400. O0 for the road closure be waived.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Feren, that the
$400.00 road closure fee be waived. The motion was Defeated with Aldermen Wing,
Fisher, Volpatti, Orr, Puttick, Campbell and Craitor voting contrary to the motion.
Communication No. 202 - Human Resource Centre of Canada for Students - Re: Hire
a Student. The communication requests permission to fly "Hire-A-Student-Flag" outside
of City Hall from June 15 to June 19, 1998.
ORDERED on the motion of AIdem~an Craitor, seconded by Alderman Cummings, that the
request be approved. Carded Unanimousl.v.
REPORTS
MW-98-78 - Chief Administrative Officer- Re: Contract Tender 98.09; 1998 Crack
Sealing, City Wide. The report recommends that the unit prices submitted by the Iow
tenderer, Tykes Road Preservers, a Division of Stevensville Lawn Services Inc. be
accepted and the by-law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carded Unanim(~psly.
See By-law No. 98-120
MW-98-79. Chief Administrative Officer- Re: Contract Tender 98-02, 1998 Sidewalk
& Concrete Repair Program. The report recommends that the unit prices submitted by
the Iow tenderer, Alfidome Construction Ltd. Be accepted for the above contract and the
authorizing by-law be passed.
ORDERED on the motion of AIde,,an Feren, seconded by Alderrr, an Pietrangelo, that the
report be received and adopted. Carried Unanimousl_v.
See By-law No. 98-121
I[I] I Ii ~1 mi[l[
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R.98-30. Chair, Canada Day Committee. Re: Canada Day 1998. The report
recommends that this report be received and filed for information.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the
report be received and filed. Carried Unanimously.
R-98-3~ - Chair, Canada Day Committee - Re: Canada Day, Free Swimming. The
report recommends that City Council authorize free swimming at the four (4) Municipal
Pools on Wednesday, July 1~, 1998 as part of the celebrations planned for Canada's 1314
Birthday!
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the
report be received and filed. Carried Unanimousl_v.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, ~econded by Alderman Campbell, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of the Minutes of the May 25, 1998 Community Services Committee
meeting;
2. Amanda Property Database - that the information be received by Committee
members on the Amanda Property Database;
3. Report IS-98-01 - 1998 Tenderfor Supply of Computer Equipment - that the tender
for supply of computer equipment be awarded to H & I Services for the amount of
$80,905.95;
4. Lundy's Lane BIA - Request for Sidewalks on Lundy's Lane from Kalar to Garner
Road - that the request for sidewalks on LundY's Lane from Kalar to Garner Roads
be referred to staff taking into consideration ~ossible cost sharing with the BIA;
5. L-98-34 - Request to amend Fence By-law. that the request for encroachment of
a front yard fence onto City property on Vine Street be referred to staff for
investigation;
6. MW-98-80 - Anti-Whistling at Lundy's lane - i'hat an application be submitted to CN
requesting anti-whistling at Lundy's lane rail crossing Mi. 26.37 Stamford
Subdivision, at a cost of $2,000.00 (50/50 cost shadng with the Region); and that
staff prepare a letter to Mr. Paul Tellier, CN Railway (to be signed by Mayor Wayne
Thomson) outlining the dissatisfaction of the City with the red tape necessary to
bring this request to fruition.
7. MW-98-81 - Sir Adam Beck Project - that the information report on the Sir Adam
beck Project be received and filed; and that the Firm of McCarthy, Tetrault be
engaged to assist with amendments to the Community Impact Agreement and
negotiations with Ontario Hydro, subject to receipt of a commitment from Ontario
Hydro to fund these legal costs; and that authorization be granted to incur costs
related to inclusion of the City's Storm Sewer Outlet Shafts in the design/build
tender;,
8. MW-98-82 - Mountain Road Landfill Public Liaison Committee - Revision to Terms
of Reference - that the Terms of Reference for the Mountain Road Landfill Public
Liaison Committee be amended to define a quorum for Committee meetings consist
of three members of the public and two Aldermen;
9. MW-98-83 - 1998 Construction Program - that the 1998 Construction Schedule be
received for information and that a letter be sent to the MTO requesting their
intentions regarding the QEW culvert crossing;
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10. R-95-32 - Petition Regarding Improvements to Fern Park - that the cost of a creative
playground structure for Fern Park be referred to the 1999 Budget Process;
11. Water Wastewater Utility Sub-Committee - Recommendations for Public Advisory
Committee Appointments - that the six resident volunteers and four metered section
appointees be appointed to the Water Wastewater Utility Public Advisory
Committee;
12. Correspondence dated June 4, 1998 from Regional Niagara re: Traffic Volumes and
Pavement conditions on Sodom Road and Lyons Creek Road - that information be
received on traffic volumes and pavement conditions on Sodom and Lyons Creek
Roads; and that the Region be requested to conduct a traffic count on all of Sodom
Road and Lyons Creek Road during the summer months and that the Region also
be requested to look at pavement conditions on the entire length of Sodom Road
and Lyons Creek Road; and that the Police be requested to monitor speeds in this
area;
13. Right Foot First- A Guide to Walking Routes in Niagare Falls - that the "Right Foot
First - A Guide to Walking Routes in Niagara Falls" be received for information.
Carried Unanimo(~;ly.
F-98-36 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the Corporate Services Committee recommend appreval by Council of
the accounts totalling $1,897,489.44 for the period ending June 8, 1998.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Aldermen Wing, Cummings, Orr,
Craitor and Michalczyk abstaining from the vote on conflicts of interest previously noted
and with all others voting in favour.
See By-law No. 98-123
Alderman Pat Cummings provided information on a pre-authorized water and
sewage payment plan, and advising that an ad would be placed in the paper advising the
residents.
CD-98-23 - Chief Administrative Officer- Re: Revision of Fees for Services Provided
by the Municipality. The report recommends the following:
1. That Council approve the By-law appearing on tonight's agenda;
2. That Council authorizes staff to proceed with the production of a revised "Schedule
of Fees Booklet" for publication and release to the public as allowed under the
Freedom of Information and Protection of Personal Privacy Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimousl.v.
See By-law No. 98-114
L-98-33 - Chief Administrative Officer- Re: Sign Permit Application, Wal-mart,
Morrison at Q.E.W. The report recommends that Council approve the applications for two
ground signs, each having a height of forty feet (40'), for Wal-Mart at Morrison Street and
the Queen Elizabeth Highway ("Q.E.W.").
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimous/v,
L-98-35- Chief Administrative Officer- Re: Sign Permit Application, Marriott Hotel,
6740 Oakes Drive. The report recommends that Council approve the applications for two
wall signs, having a combined area of 1,012 square feet for the Marriott Hotel on the east
and west side of the hotel at 6740 Oakes Drive.
III] [ [ ;11[ Illllll I [
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ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimousl.v.
L-98-36 - Chief Administrative Officer- Re: Sign Permit Application, White House
Restaurant, 4709 Bender Street. The report recommends that Council approve the
application fora ground sign, having an area of 125 square feet.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimousl. v.
L.98-37 - Chief Administrative Officer - Re: Hemphill Agreement with the City,
Building Permi& Testamentary Devise. The report recommends that Council authorize
an Agreement dated April 27, 1998, between Mark Hemphill, in trust, and the City
regarding application for a Building Permit.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest and with all others voting in favour.
RA TIFICA TION OF COMMITTEE-OF. THE-WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matter by Committee-of-the-Whole, earlier this evening
be approved:
- The extension of an Agreement of Purchase and Sale to 1198863 Ontario Limited;
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, to
approve to upgrade the landscape technician position.
Carded Unanimousl_v.
BY-LAWS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-112 A by-law to amend By-law No. 97-239, being a by-law to provide for
appointments to certain Boards, Commissions and Committees.
98-113 A by-law to designate the property at 5049 Victoria Avenue, known as the
Niagara Falls Armoury, to be of historic and architectural value and interest.
98-114 A by-law to establishing of fees, rates and charges regarding licences,
certificates, publications and other services for the City of Niagara Falls.
98-115 A by-law to authorize an Agreement, dated April 27, 1998, between Mark
Hemphill, in trust, and The Corporation of the City of Niagara Falls regarding
application for a Building Permit. (Re: Report L-98-37)
98-116 A by-law to authorize the acceptance of a transfer from The Trustees of the
Willoughby Congregation and their Successors for the purpose of assuming
ownership and responsibility of the Willoughby Congregation Church
Cemetery located at 13173 Ort Road
98-117 A by-law to amend By-law No. 79-200, as amended. (Home occupation)
!1] I I]l II~llll I I [
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98-118 A by-law to authorize the execution of an Amendment to extend an
Agreement of Purchase and Sale with 1198863 Ontario Limited respecting
the purchase of lands being Part of Township Lot 170 located on McLeod
Road, comprised of approximately 23 acres.
98-119 A by-law to permit the parking of an antique car on the sidewalk in front of
The Criminal Hall of Fame business located at 5751 Victoria Avenue.
98-120 A by-law to authorize the execution of an agreement with Stevensville Lawn
Service Inc. carrying on business as Tykes Road Preservers respecting the
1998 Crack Sealing Program- City Wide.
98-121 A by-law to authorize the execution of an agreement with Alfidome
Construction Limited respecting the 1998 Sidewalk and Concrete Repairs -
City Wide.
98-122 A by-law to amend By-law No. 79-200, as amended. (AM-07/98, Farr
Lumber)
98-123 A by-law to authorize monies for General Purposes (June 8, 1998)
98-124 A by-law to authorize the execution of an agreement with Rainbow Motor
Court of Niagara Falls.
98-125 A by-law to amend By-law No. 93-23. (An amendment to penalty interest
rates on taxes)
98-126 A by-law to authorize the execution of an agreement with Jovo Kuntos &
Radinka Kuntos respecting a cash-in-lieu of a Parking Agreement at 4567
Zimmerman Avenue.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk, Orr and Wing
abstaining from the vote on By-law No. 98-123 on confTicts of interest previously noted and
with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the following by-laws be now read a second and third time:
98.112 A by-law to amend By-law No. 97-239~ being a by-law to provide for
appointments to certain Boards, Commissions and Committees.
98-113 A by-law to designate the property at 5049 Victoria Avenue, known as the
Niagara Falls Armoury, to be of historic and architectural value and interest.
98-114 A by-law to establishing of fees, rates and charges regarding licences,
certitTcates, publications and other services for the City of Niagara Falls.
98-115 A by-law to authorize an Agreement, dated April 27, 1998, between Mark
Hemphill, in trust, and The Corporation of the City of Niagara Falls regarding
application for a Building Permit. (Re: Report L-98-37)
98-116 A by-law to authorize the acceptance of a transfer from The Trustees of the
Willoughby Congregation and their Successors for the purpose of assuming
ownership and responsibility of the Willoughby Congregation Church
Cemetery located at 13173 Orr Road
98-117 A by-law to amend By-law No. 79-200, as amended. (Home occupation)
I~ [ [il~llllll[ I [ [
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98-118 A by-law to autho#ze the execution of an Amendment to extend an
Agreement of Purchase and Sale with 1198863 Ontario Limited respecting
the purchase of lands being Part of Township Lot 170 located on McLeod
Road, comprised of approximately 23 acres.
98-1~9 A by-law to permit the parking of an antique car on the sidewalk in front of
The Criminal Hall of Fame business located at 5751 Victoria Avenue.
98-120 A by-law to authorize the execution of an agreement with Stevensville Lawn
Service Inc. carrying on business as Tykes Road Preservers respecting the
1998 Crack Sealing Program - City Wide.
98-12~ A by-law to authorize the execution of an agreement with Alfidome
Construction Limited respecting the 1998 Sidewalk and Concrete Repairs -
City Wide.
98-122 A by-law to amend By-law No. 79-200, as amended. (AM-07/98, Farr
Lumber)
98-~ 23 A by-law to authorize monies for General Purposes (June 8, 1998)
98-~24 A by-law to authorize the execution of an agreement with Rainbow Motor
Court of Niagara Falls.
98.125 A by-law to amend By-law No. 93-23. (An amendment to penalty interest
rates on taxes)
98-126 A by-law to authorize the execution of an agreement with Jovo Kuntos &
Radinka Kuntos respecting a cash-in-lieu of a Parking Agreement at 4567
Zimme,~an Avenue.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk, Orr and Wing
abstaining from the vote on By-law No. 98-123 on conflicts of interest previously noted and
with all others voting in favour.
NEW BUSINESS
Track layina~
Alderman Pat Cummings requested info~rr~ation with respect to the purpose of the
track that was being laid and he was advised by the Director of Community Services that
this was normal maintenance.
Marineland Facilities
Alderman Shirley Fisher requested that a letter be forwarded to Mr. John Ho/er
indicating that Council is of the opinion that Mr. Ho/er and Marine/and manage a well-kept
park and facilities.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick, that a letter
be forwarded to Mr. Ho/er and Marineland indicating that Council is of the opinion that Mr.
Holler and Marineland manage a well-kept park and facilities. The motion Carried with
Alderman Wing voting contrary to the motion.
It was suggested that once the letter was prepared, that members of Council sign
it.
-17-
Downtown Cafe
Alderman Paisley Janvary requested further information on the outdoor cafe to be
located at Chrysler and Queen Street. She was advised by the Deputy Director of
Planning and Development that staff had met with the owner and one objector on site to
address the areas of concem and indicated that everything was or would be in compliance
with the permit.
Casino Selection Proces~
Alderman Wayne Campbell referred to Council's dissatisfaction with the Casino
selection process and was advised by the Chief Administrative Officer that it had been
indicated to the Ontario Casino Corporation that Council controls the planning agenda.
Helicopter Noise
Alderman Kim Craitor referred to concerns expressed with respect to the helicopter
noise and stated that a new noise reduction system was to be put in place. It was
suggested that the Director of Community Sen/ices schedule a meeting to have members
of Council attend the noise reduction demonstration.
Stop S~ns at Orchard 8, Dixon
Alderman Kim Craitor referred to the installation of stop signs at Orchard and Dixon
and was advised that staff would look into the matter.
Cellular Tower at Water Plant
Alderman Ed Michalczyk referred to the appearance of the Cellular Tower at the
Water Plant in Chippawa and requested that a letter be forwarded to the Region,
expressing Council's dissatisfaction as to the appearance of the tower and to enquire on
their contractual conditions and whether they can be mm/eased from the contract.
ORDERED on the motion of Alderman Michalczyk, seconded by Alde/~an Campbell, that
a letter be forwarded to the Region expressing Council's dissatisfaction as to the
appearance of the Cellular Tower at the Water Plant in Chippawa and what their
contractual conditions were and whether they could be mm/eased from the contract. Carded
Unanim(;(~ly.
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18 -
ORDERED on the motion of AIder~an Pietrangelo, seconded by Alderman Feren that the
meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
E. C. WAGG, C/TY~RK WAYNE THOMSON
i[1 I Ill [Ifil[l[ ] ] [
SEVENTEENTH MEETING
Committee-of-the-Whole
Committee Room #2
June 22, 1998
Council met on Monday, June 22, 1998 at 6:30 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Aldermen Campbell, Orr and Volpatti,
were present. His Worship Mayor Thomson presided as Chairman.
Following consideration of the items presented, The Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
June 22, 1998
Council met on Monday, June 22, 1998 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Aldermen Orr and
Volpatti, were in attendance. Alderman Klm Craitor offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of AIdefr~an Cummings, seconded by Alderman Pietrangelo, that
the Minutes of the Special Meeting of June 1, 1998 be adopted as printed; and that the
Minutes of the Planning/Regular Meeting of June 8, 1998 be adopted as printed. Carded
Unanimousl_v.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report F-98-37, Cheque Nos.
237993; 238141, because she has a business relationship.
Alderman Cummings indicated a pecuniary interest on Report F-98-37, Cheque No.
238112 because the recipient is Acres.
I[~ [ [ I I~l Illllll I ] i
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-37,
on Cheque Nos. 238079;238012; M92281; M92283 and 238207 because members of their
families are employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Report F-98-37, Cheque No.
238047 because he is a volunteer firefighter.
PRESENTATIONS
1998 Senior of the Year Award
His Worship Mayor Thomson presented the 1998 Senior of the Year Award to Mr.
Guy Prata in recognition of his outstanding contributions and involvement in the
community.
Mr. Prata thanked the City for the award and all those who were involved.
Bike Fun Ride
Alderman Wayne Campbell, Chairman of the Bike Fun Ride Committee and Mayor
Thomson presented a token of appreciation to Mr. Gord Singleton, former Olympian
cyclist from Niagara Falls, who led the bike ride on May 23, 1998; and to Sadru
Kassam, owner of the Pedlar Bicycle Shop who provided a mountain bike as the main
prize.
Mr. Singleton donated his Ontario Championship Gold medal to the City in
appreciation for Council's support and efforts in the promotion and development of
Niagara Falls.
Niagara Regional Police Association - Juvenile Girls Red Raiders Basketball team
His Worship Mayor Thomson presented tokens of appreciation to the members of
the Niagara Regional Police Association's Juvenile Girls Red Raiders Basketball team,
winners of the Ontario Provincial Basketball Championship, which included Brenda
Grubb, Lauren Hay, Stacy Wallace, Krista Brunet, Nicole Welsh, Christine Webb,
Lindsay Rauccio, Ima Eka, Shelley Fong and Courtney Teeple, along with their
Coaches Tom Grubb and Maureen Kelly.
DEPUTATIONS
Mr. Dave Strathern provided an update on son lan Strathem's situation with
respect to the Ministry of Health funding. He discussed the status of a petition that would
be used at the Health Services Appeal Board in lan's quest to receive appropriate services
through the Ministry of Health; provided information on the nursing costs year-to-date;
discussed Premier Mike Harris's speech on May 7, 1998; referred to correspondence
received from the Ministry of Health and letter of acknowledgement in response to the
Ministry of Health correspondence; and referred to the Workplace Safety Insurance Board
Policy and of the Ontario March of Dimes letter of support.
Mr. Strathem requested Council's support in the matter.
ORDERED on the motion of AIderman Fisher, seconded by Aldefi~an Puttick, that a copy
of this evening's Council tape dealing with this matter along with a letter advising that
Council is unhappy with the lack of action on the part of the Ministry of Health dealing with
the concerns of Mr. Strathem be forwarded to Premier Harris and the appropriate Ministry.
Ca.ed Unanimously.
Royal Canadian Naval Association
Mr. Ivan Chamberlain, Royal Canadian Naval Association advised that the
Royal Canadian Naval Association would be hosting the Maritime Forces Atlantic Naval
"Gun Run", being held on July 18, 1998 at Branch 479, in Niagara Falls. He advised the
Gun Run was a re-enactment and demonstration by naval personnel of the commando
landing during the Boer War;, involving disassembling of the gun; transporting it across a
chasm; reassembling and firing it. Mr. Chamberlain invited everyone to attend.
- AND -
CD-98-24 - Chief Administrative Officer - Special Occasion Permit for the Royal
Canadian Naval Association. The report recommends that Council indicate it has no
objection to the issuance of a Special Occasion Permit to the organization listed in this
report.
ORDERED on the motion of Alderman Campbell, seconded by AIderman Craitor, that the
request be approved. Carried Unanimously.
COMMUNICATIONS
Communication No. 203 - Zoocheck Canada Inc. - Re: Report entitled "Distorted
Nature: Exposing the Myth of Marineland'. The communication attaches a report
outlining animal welfare and public health and safety concerns at Marineland and requests
that Council review the report prior to taking a position on the matter and that the letter of
commendation for Marineland be rescinded.
. AND -
Communication No. 204. Zoocheck Canada Inc. - Re: Communication Item regarding
Marineland of Canada (Niagara Falls, Ontario) being considered at City Council
meeting of June 22, 1998. The communication provides comments and
recommendations on the matter.
Mr. Tom Richardson, Solicitor, on behalf of Mr. Holer and Marineland, referred
to Council's motion of support and requested that Council maintain it's position on the
matter;, reviewed the recommendations outlined in the Zoocheck report; discussed Section
210 of the Municipal Act; indicated that he was not aware of any orders or infractions with
respect to public safety at Marine/and; stated that Zoocheck was not a government agency
but a lobby group of private individuals with a belief that sea mammals should not be kept
in captivity
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, to ratify
Council's previous position in support of Marine/and and that the correspondence be filed.
The motion Carried with Alde..an Wing voting contrary to the motion and with all others
voting in favour.
Communication No. 205 - McKinley-Molodynia Chiropractic Clinic - Re:Annual Man-
a-Mile Relay Race. The communication requests the use of Municipal Roads on October
12, 1998 and requesting that the Mayor present the awards at Oakes Park.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the request be approved subject to established po/icy. Carried Unanimously.
I[I] [ ' [ I I][ Illllll I
Communication No. 206 - Mr. Kwok Yiu Chu - Re: Sidewalk Cafe on Chrysler Avenue.
The communication expresses concerns with respect to the height and placement of
barriers; the obstruction of public access and the cutting of trees in the area.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that the
correspondence be received and filed. Carried Unanimously,
Communication No. 207 - Chippawa Lions Club - Re: Pedestrian Pathway. The
communication requests Council's permission and support to construct an asphalt
recreational pedestrian pathway within Chippawa Lion's Park.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that
Council agrees in principle, and that the matter be referred to staff with respect to costs.
Carried Unanimousl. v.
Communication No. 208 - Janice Paine - Re: Renaming of Future Battlefield Park.
The communication requests that the section of the future Battlefield Park that was given
to the City by Miss Ruth Redmond be named "Ruth Redmond Memorial Gardens" with an
accompanying letter of endorsement by the Chaim~an of the Friends of the Lundy's lane
Battlefield.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the request be approved subject to established policy. Carried Unanimousl.v.
Communication No. 209 - Niagara Falls Progressive Conservative Associations - Re:
Family Picnic. The communication requests approval to hold a family picnic on July 11,
1998 at St. George's Serbian Church grounds for members and friends with families.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
request be approved subject to established policy. Carried Unanimous/v.
Communication Ho. 210 - Arts Bureau for the Continents - Re: Performance at the
Square in front of City Hall. The communication requests approval for the St. Leonard's
Concert Band and Show Choir from Glasgow, Scotland, to perform in front of City Hall on
July 13, 1998.
ORDERED on the motion of AIdem~an Michalczyk, seconded by Alde~r~an Janvary, that
the request be approved. Carried Unanimo(~ly.
Communication No. 21~ - Preliminary Program from AMO - Re: Annual Conference,
August 23-26, 1998 at the Royal York Hotel. It was requested that members of Council
advise the City Clerk whether they wish to attend the Conference in order that the July 10,
1998 early deadline can be met.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, to
approve the attendance of AIdermen Campbell, Michalczyk, Pietrangelo, Puttick and Mayor
Thomson at the Annual AMO Conference being held from August 23-26, 1998. Carried
Unanimously,
REPORTS
MW-98-84 - Chief Administrative Officer- Re: Various Engineering Consulting
Services. The report recommends that the City of Niagara Falls enter into a Consulting
Services Agreement for Engineering services, as per the City's Consultant Selection Policy,
with the various Engineering consultants as indicated in the report.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldef~an Janvary, that
the report be received and adopted. Carried Unanimousl_v.
MW-98-85. Chief Administrative Officer - Re: Consulting Services Agreement;
Delcan Corporation. The report recommends that the City enter into a Consulting
Services Agreement with Delcan Corporation at a cost of $20,350 + G.S. T., which is to be
funded by the Ontario Casino Corporation.
1~] I Ill [l~llll I [ [
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimousl_v.
MW-98-86 - Chief Administrative Officer- Re: Parking & Traffic Committee
Recommendations from June 16, 1998 Meeting. The report recommends the following:
1. MW-98-64 - Delta Drive at Malibu Drive; Intersection Control Review:
1) that an all-way stop control not be instal/ed at the intersection of Delta Drive
and Malibu Drive;
2) that the Niagara Regional Po/ice provide enforcement of the stop sign
located on Malibu Drive at Delta Drive when manpower permits;
2. MW-98-68 - Casey St. at President Drive (East intersection) - Ali-Way Stop
Request'.
1) that an all-way stop not be instal/ed at the intersection of Casey St. and
President Drive (east intersection);
2) that the yield sign on the north approach of President Drive (east
intersection) at Casey Street be replaced with a stop sign;
3) that the yield sign on the north approach of President Drive (west
intersection) at Casey Street be replaced with a stop sign;
3. MW-98-71 - Morden Drive/Law Avenue - Parking Review- that the parking be
restricted on the north side of Morden Drive between Stanley Avenue and Law
Avenue at all times;
4. MW-98-73 - Arthur St. at Kingston Ave. - Intersection Control Review:
1) that a stop sign be instal/ed for southbound motorists on Kingston Avenue
at Arthur Street;
2) that a stop sign be installed for northbound motorists exiting W.L. Houck
Park at Arthur Street;
5) MW-98-77 - Harmony Avenue/Burwood Avenue - Parking Review:
1) that parking be restricted on the northeast side of Harmony Avenue from a
point 128m south of Westwood Street to a point 171m south of Westwood
Street;
2) that parking be restricted on the northwest side of Ha~rr~ony Avenue from a
point 269m south of Westwood Street to Burwood Avenue;
6) Stamford Street - Resident Permits - that a residential parking permit system be
implemented on Stamford Street between Victoria Avenue and Powell Avenue;
7) Kitchener Street - Resident Permits - that a residential parking permit system be
implemented on Kitchener Street between Powell Avenue and Macdonald Avenue;
8) Bus Traffic - Walnut Street - that buses be restricted from using Walnut Street
between Ellen Avenue and Kitchener Street;
I[]] [ 1; I11 Illllll I [
9) Request for parking Meters, Victo#a Avenue, Old V & C Bureau Building - that three
parking meters, with a 30-minute maximum time limit, be installed on Victoria
Avenue, in front of the old Visitor and Convention Bureau Building;
10) Chippawa Library - Request for Handicapped Parking - that a handicapped parking
space be established adjacent to the Chippawa Library main entrance.
ORDERED on the motion of AIden"nan Craitor, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimousl_v.
MW-98-90 - Chief Administrative Officer- Re: Conditional Permit Agreement. The
report recommends that the fees for Conditional permit Agreements be revised and that
the Building Permit By-law No. 94-42 be amended accordingly.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimousl_v.
MW-98-91. Chief Administrative Officer- Re: Equipment Rental Tender. The report
recommends that pdces submitted by contractors for a variety of equipment be accepted
as required.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the report be received and adopted. Carded Unanimousl_v.
MW-98-92 - Chief Administrative Officer- Re: Deletion of Sidewalks on Southview
Avenue from Trackview Street to Windgate Drive. The report recommends the
following:
1. That the sidewalks on the East side of Southview Avenue not be constructed;
2. That the schedule of works (Schedule "B") contained in the Subdivision Agreement
be amended to reflect the deletion.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimousl_v.
CS-98-03 - Chief Administrative Officer. Re: Fence at 5628 Montrose Road. The
report recommends that the report is for the information of Council.
- AND -
Communication No. 212 - Mrs. H. Nagy - Re: Public Meeting of February 9, 1998
regarding conditions of the severance of Lot 4, Registered Plan 148 by River Realty.
The communication provides clarification with respect to a request that a condition of
removal of part Lot Control stipulate that a 6 foot commemial grade chain link fence be
erected and expressing concerns that a 5 foot residential fence was erected.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff for further negotiations with the developer in order that the fence
requirement can be met. Carded Unanimousl. v.
ORDERED on the motion of Alderman Cummings, seconded by Alde~)an Fisher, that the
correspondence be received and filed. Carded Unanimousl_v.
PD-98-78 - Chief Administrative Officer- Re: Application for Site Plan Approval, SPC-
11/98, 6400 Valley Way, Valley Park Retirement Home, Proposed Seniors Residence
Expansion. The report recommends the following:
1. That Council approve the site plan for a new 80-bed seniors' residence retirement
home, as part of Valley Park Lodge Nursing Home;
2. That By-law 80-114 be amended to include the fire access route.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimously.
I[[ [ III [lflllll I ]
PD-96-79 - Chief Administrative Officer. Re: Action Arising from Local Architectural
Conservation Advisory Committee. The report recommends that Council receive the
report of the Local Architectural Conservation Advisory Committee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimous/v.
PD-98-80 - Chief Administrative Officer- Re: Recommendation Report, Mount Forest
VI Draft Plan of Subdivision, File: 26T-11-9804, Owner: Kenmore Homes (1987) Inc.
The report recommends the following:
1. That the Mount Forest VI Draft Plan of Subdivision be approved subject to the
conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
Mr. James Munro, 7295 Woodgate Street, requested that any info..ation or
correspondence should be forwarded to his agent, Mr. Warren Munro. Mr. Munro reviewed
the conditions of Draft Plan Approval and advised that he removes his objection to the
following concerns: land use comparability and road width. He advised that the issue of
providing a temporary construction access from Mountain Road has been addressed
satisfactorily and that his other concems can be resolved without Ontario Municipal Board
consideration. He requested that the report be deferred pending submission of a storm
water management report and that he have input into the study.
The Deputy Director of Municipal Works responded with respect to the issue of
storm water management and resident's involvement; he advised that as part of the
conditions of the subdivision, the developer would be required to develop a storm water
management plan to deal with the issues; and that the residents would be involved and
have their concerns addressed.
Ms. Joan Larocque, Consultan~ Richard Larocque Limited provided clarification
with respect to the design of storm water management and indicated that all requirements
would have to be met including draining water from the adjacent lands.
Mr. Jim Silverthorn, 2601 Grouse Lane, requested information with respect to
pedestrian access to Firemen's Park.
The Director of Planning and Development advised that the issue of pedestrian
access was not shown on this plan and that none had been considered.
Mr. David Spence, 2610 Grouse Lane, was in attendance on behalf of the
concerned residents of Mount Forest, and suggested that the lot size for the average
rectangular lot be limited to a minimum 55 feet frontage to allow the homes to be more
affordable as well as compatible with the surrounding dwellings; indicated that the
conditions be changed to allow the existing road width to continue throughout the
subdivision both old and proposed; stated that the narrowing of the road would be
dangerous to both traffic and pedestrians and would not be compatible with the rest of the
neighbourhood; he further requested that the conditions be amended to allow permanent
access to Mountain Road via a walkway, as it would provide a needed linkage to the
proposed sidewalks on Mountain Road and access to Firemen's Park and requested that
Council consider these requests..
Ill IIlllll I I [
The Deputy Director of Municipal Works responded to concems with respect to
resident participation and advised this would be a condition of draft plan approval to meet
with the residents and that the draft plan would not be approved until conditions and
concerns of the residents were met.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher,
that the report be received and adopted. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest on the matter dealing with Firemen's Park
and with all others voting in favour.
Following further discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Michalczyk, that the feasibility of a walkway be referred to staff.
Carried Unanimousl_v.
PD-98-81 - Chief Administrative Officer- Re: Mount Forest Villas Draft Plan of
Condominium, File: 26CD-f 1-9801; Owner: Kenmore Homes (f987) Inc. The report
recommends the following:
1. That the Mount Forest Villas Draft Plan of Condominium be approved subject to the
conditions in the attached Appendix;
2. That the Mayor or designate be authorfzed to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldeirr~an Feren, that the
report be received and adopted. Carded Unanimously.
F-98-37 - Chief Administrative Officer. Re: Municipal Accounts. The report
recommends that the Corporate Services Committee recommend approval by Council of
the accounts totalling $1,004,517. 94 for the pedod ending June 22, 1998.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carded with Aldermen Craitor, Cummings,
Michalczyk and Wing abstaining from the vote on conflicts of interest previously noted and
with all others voting in favour.
See By-law No. 98-135
F.98-38 - Chief Administrative Officer. Re: Chippawa Business Association - Dock
Projec£ The report recommends that the monies received from the Chippawa Business
Association ($2,191.18) be held by the City in a Reserve Fund forthe Dock Project on the
Welland River in Chippawa.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimously.
F-98-39. Chief Administrative Officer- Re: Final Tax Billing. The report recommends
that the report is for the information of the City Council.
ORDERED on the motion of AIde~-,~an Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
F-98-40 - Chief Administrative Officer- Re: Property Tax Exemptions for Royal
Canadian Legion. The report recommends that Council consider a tax exemption for the
Royal Canadian Legions (Branches 51,479 and 396), the Canadian Corps Association and
the B#tish Canadian Veterans Association, per Section 207 Paragraph 62 of the Municipal
Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the
report be received and adopted. Carded Unanimously,
Itr [ Ill Ilflllll 1 ] [
RA TIFICA TION OF COMMITTEE-OF-THE. WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken in Committee-of-the-Whole earlier this evening be adopted.
1 Approve the tax payment arrangements proposed by Orexis Holdings Limited, for
property located at 4414 Portage Road;
2. That the City retain a Project Manager for the Engineering Department on a contract
basis for one (1) year;,
3. That the agreement of Purchase and Sale from the City to 1198863 0ntario Limited,
between the East side of Montrose Road, the West side of Kinsmen Court, North
side of McLeod Road be extended until September 30, 1998.
RESOLUTIONS
NO. 33 - JANVARY. PIETRANGELO . WHEREAS the City of Niagara Falls is completing
a Tourist Area Development Strategy; AND WHEREAS the City of Niagara Falls will be
implementing new Official Plan policies for the Toudst Area based on a flexible system of
built-form regulations, AND WHEREAS the City of Niagara Falls will be merging the
rezoning and site plan approval processes for the Tourist Area; AND WHEREAS the City
of Niagara Falls is attempting to streamline its development approval process; AND
WHEREAS the City of Niagara Falls still needs to complete specific studies in order to fully
implement the above matters; AND WHEREAS the Provincial Ministry of Municipal Affairs
and Housing has released a Discussion Paper on the Proposed Development Permit
System in Ontario with the intention of establishing regulations to bring such a system into
effect; BE IT RESOLVED THAT the City of Niagara Falls wishes to ask the Hon. Minister
Al Leach to consider the City as a demonstration project within which to implement a
Development Permit System for the Tourist Area, provided that the Province makes
available sufficient funds for the completion of all studies related to the Tourist Area
Development Strategy and the full implementation of such a system.; AND the Seal
of the Corporation be hereto affixed. Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-127 A by-law to authorize the execution of an agreement with The Kiwanis Club
of Stamford Ontario Inc. and The Regional Municipality of Niagara respecting
permission to place benches for the convenience of citizens at bus stops
under the Bus Bench Advertising Program.
98-128 A by-law to authorize the execution of a Subdivision Agreement with 527786
Ontario Limited respecting the Meadow Creek Subdivision.
98-129 A by-law to authorize the execution of an agreement with Linda Graf with
respect to a condition for applying to The Regional Municipality of Niagara -
Land Division Committee for a Consent to convey 1.1 acres of vacant land
on Willick Road.
98.130 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Yield Signs, Heavy Vehicles).
I[~ [ I I III IIlllll I [
10 -
98-131 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Meter Zones, Parking)
98-132 A by-law to amend By-law No. 94-42, as amended, being a by-law
respecting buildings and building permits.
98-133 A by-law to authorize the execution of an agreement with Irving Milchberg
Limited and Tan Vo respecting a Cash-in-Lieu of a Parking Agreement at
5713 Victoria Avenue.
98-134 A by-law to authorize the execution of a Subdivision Agreement with Walker
Community Development Corporation respecting The Neighbourhoods of St.
David's Plan of Subdivision.
98-135 A by-law to authorize monies for General Purposes (June 22, 1998)
98-136 A by-law to authorize that the City of Niagara Falls enter into a Consulting
Services Agreement for Engineering services, with the various Engineering
Consultants.
98-137 A by-law to authorize that the City enter into a Consulting Services
Agreement with Delcan Corporation.
98-138 A by-law to declare surplus Part 9 and Part 15 on Registered Plan 159-1423
and to authorize that public notice be given of the said land being declared
surplus and of a proposed land exchange with River Realty (1976) Inc. for
part of Part 14 on Registered Plan 59R-1423
98-139 A by-law to authorize the execution of a final release re: TREIBACHER
SCHLEIFMITTEL.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-135 on conflicts of interest previously noted; and Alderman
Wing voting contrary to the motion on By-law No. 98-138 and with all others voting in
favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,,
that the by-laws be now read a second and third time:
98-127 A by-law to authorize the execution of an agreement with The Kiwanis Club
of Stamford Ontario Inc. and The Regional Municipality of Niagara respecting
permission to place benches for the convenience of citizens at bus stops
under the Bus Bench Advertising Program.
98-128 A by-law to authorize the execution of a Subdivision Agreement with 527786
Ontario Limited respecting the Meadow Creek Subdivision.
98-129 A by-law to authorize the execution of an agreement with Linda Graf with
respect to a condition for applying to The Regional Municipality of Niagara -
Land Division Committee for a Consent to convey 1.1 acres of vacant land
on Willick Road.
98-130 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Yield Signs, Heavy Vehicles).
98-131 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Meter Zones, Parking)
II' I III [llllll ] ] [
-11
98-132 A by-law to amend By-law No. 94-42, as amended, being a by-law
respecting buildings and building permits.
98-133 A by-law to authorize the execution of an agreement with Irving Milchberg
Limited and Tan Vo respecting a Cash-in-Lieu of a Parking Agreement at
5713 Victoria Avenue.
98.134 A by-law to authorize the execution of a Subdivision Agreement with Walker
Community Development Corporation respecting The Neighbourhoods of St.
David's Plan of Subdivision.
98-135 A by-law to authorize monies for General Purposes (June 22, 1998)
98-136 A by-law to authorize that the City of Niagara Falls enter into a Consulting
Services Agreement for Engineering services, with the various Engineering
Consultants.
98-137 A by-law to authorize that the City enter into a Consulting Services
Agreement with Delcan Corporation.
98-138 A by-law to declare surplus Part 9 and Part 15 on Registered Plan 159-1423
and to authorize that public notice be given of the said land being declared
surplus and of a proposed land exchange with River Realty (1976) Inc. for
part of Part 14 on Registered Plan 59R-1423
98.139 A by-law to authorize the execution of a final release re: TREIBACHER
SCHLEIFMITTEL.
The motion Carded with Aldet~;~en Craitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-135 on con#icts of interest previously noted; and AIderman
Wing voting contrary to the motion on By-law No. 98-138 and with all others voting in
favour.
NEW BUSINESS
Thorold Stone Road Bridge
Alderman Norm Puttick referred to correspondence received from the Minister of
Transportation, Mr. Clement, advising that the MTO would not pay for the construction of
a sidewalk on the north side of Thorold Stone Road. Alderman Puttick stated that the
Ministry would be prepared to construct a sidewalk if the City acquired the necessary land;
he further stated that the Director Community Services, Mayor Thomson and staff
negotiate with the Ministry of Transportation and Mr. Gale to purchase the necessary land
to construct a proper sidewalk and bicycle path.
ORDERED on the motion of Alderman Puttick, seconded by Alderrr~an Campbell, that a
resolution be forwarded to the Ministry of Transportation with respect to putting in a
proposed sidewalk and bicycle path. Carded Unanimously.
Canada Day Festivities
Alderman Kim Craitor provided an update on the Canada Day Parade and
Festivities
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12 -
Boys & Girls Club Fund Raiser
Alderman Kim Craitor referred to the Boys & Girls Club Fund Raiser; advised that
his organization would be matching monies raised during the event.
Ch~npawa Da_vs Festi¥itie$
Aldeff~an Ed Michalczyk provided information on the upcoming Chippawa Days
event at Lions Park on June 27, 1998 and invited everyone to attend.
Misuse of Handicap Siu_ns
Alderman Pat Cummings referred to the misuse of handicap signs and pe~r~iits and
requested that a letter of support be forwarded to the Ministry of Transportation in their
attempts to stop the misuse of handicap signs through reproduction.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that a letter of support be forwarded to the Ministry of Transportation in their efforts and
attempts to stop the misuse of handicap signs and permits through reproduction of those
signs and permits. Carried Unanimousl.v.
Closure of Niau_ ara Falls Colleu_ iate
His Worship Mayor Thomson referred to a recent announcement with respect to the
closure of Niagara Falls Collegiate; reviewed the loss of various departments,
activities and government programs, and expressed concems with respect to the loss of
the auditorium and of the importance of the facility to the citizens of the community.
Following some discussion, it was ORDERED on the motion of A/derr~ian
Cummings, seconded by Alderman Fisher, that a letter be forwarded to the School Board
requesting further input to deterr~iine what can be done with the facility and whether the
School Board realizes the importance of the facility to the citizens of Niagara Falls; and
further that the matter be referred to the Arts & Culture Commission and also that King
George V (Chippawa) also be included in these concerns. The motion Car~ed with
Aldermen Janvary, Pietrangelo and Campbell abstaining from the vote on conflicts of
interest, because they are employed by the School Board.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderrr~an Pietrangelo,
that the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED
_''t'............ MA YOR WA YNE THOMSO '1~1
I][ [ III IIlllll I I I
EIGHTEENTH MEETING
Committee-of-the-Whole
Committee Room #2
July 13, 1998
Council met on Monday, July 13, 1998 at 6:45 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of AIderman Pietrangelo and Mayor Thomson,
were present. Alden,an Klm Craitor presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
~."~:'~ ......... MA YOR WA YNE THOMSOI~I
PLANNING MEETING
Council Chambers
July 13, 1998
Council met on Monday, July 13, 1998 at 7:00 p.m. for the purpose of considering
Planning/Regular Business matters. All members of Council, were in attendance.
Alderman.Klm Craitor offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report F-98-42, Cheque Nos.
M92302 b because she is the Chair of the organization; and indicated a pecuniary interest
on Cheque Nos. 238374 and 238388 because she is involved with the charity group.
Alderman Cummings indicated a pecuniary interest on Report F-98-42, on Cheque
Nos. 238250 and 238543 because Acres is the recipient.
Alderman Craitor indicated a pecuniary interest on Report F-98-42, Cheque No.
238268, because a family member is employed by the organization.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-42,
Cheque Nos. M92300; 238499; M922298 and 238426 because members of their family
are employed by the Region.
- 2 -
Aldermen Campbell and Pietrangelo indicated pecuniary interests on Report F-98-
42, Cheque No. 238296 and Report PD-98-91, because they are employed by the District
School Board of Niagara.
Alderman Michalczyk indicated a pecuniary interest on Report F-98-42, Cheque
238345 and Report FD-98-09 because he is a volunteer firefighter.
PRESENTATIONS
N/au_ara Falls Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory Committee
and Mayor Thomson presented the Niagara Falls Business Showcase Award to E.S. Fox
Limited in appreciation for their service and contributions to the community. Mrs. Jennifer
Hal/man accepted the award on behalf of the Fox family.
Stamford Centre Volunteer Firemen's Association
Alderman Pat Cummings, on behalf of The Stamford Centre Volunteer Firemen's
Association presented a cheque in the amount of $1,000.00 to Mike Strange toward his
Olympic training'fund.
DEPUTATIONS
Chamber of Commerce
Dr. Andy Panko, Chair, Chamber of Commerce introduced Carolyn A. Bones,
the new President of the Chamber of Commerce to members of Council. His Worship
Mayor Thomson congratulated and welcomed Ms. Bones and indicated the City looked
forward to working with the new president and the Chamber of Commerce.
Canadian Red Cross
Ms. Renate Martin, Branch Manager, Secretary, and Mr. Ken McKinley,
Chairman, Duck Race Steering Committee, promoted the upcoming Duck Race being
held at Dufferin Island on August 29, 1998 and requested the community's and Council's
support through the purchase of tickets.
MS Super Cities Walk
Ms. Belinda York provided an update on the Niagara Chapter's Super Cities Walk;
presented the Mayods Cup to Niagara Falls for their fundraising efforts, participation and
support in finding a cure for MS; and Mr. Chris Biasucci discussed an upcoming event in
celebration of REMAX's 85 years of service to the community being held at Jellystone
Park on August 16, 1998 with all proceeds going to Multiple Sclerosis.
I~Illi II I1 lllllll I
PLANNING MATTERS
PD-98-94 - Chief Administrative Officer- Re: Recommended Approach to
Implementation of Tourist Area Development Strategy. The report recommends the
following:
1. That Council receive the input and comments submitted at the Public Meeting;
2. That Council direct staff to consider the submissions received on the tourist Area
Development Strategy and report back to Council in September on a recommended
approach;
3. That Council adopt the rezoning application guide, as outlined in Section 6 of the
Urban Strategies Report, for processing planning applications and lift the voluntary
development freeze;
4. That Council implement the Urban Strategies recommendation with respect to
requiring boulevard landscaping and 2% park dedication as part of the development
approval process;
5. That Council not adopt the proposed height bonusing system requiring contributions
for infrastructure improvements. This matter requires more in-depth study.
- AND -
Communication No. 212 - Mr. Richard Murri. The communication expresses opposition
to the proposed new high-rise buildings and the upward expansion of existing facilities
located on the brow of the escarpment.
Communication No. 213 - Maimer Holdings - Mr. Ashak Merani. The communication
advises as strongly objecting to restrictions on the properties that he owns or has an
interest in.
Communication No. 214 - Dorothy Van Slyke. The communication expresses concerns
with respect to high-rise developments, the impact of the mass and density of the buildings
to accommodate tourists; and comments on the preservation of the site along the top of
the escarpment.
Communication No. 2f5 - Chippawa Business Improvement Association. The
communication requests that the various BIA areas remain as general commercial.
Communication No. 216 - Patrick J. Devine. The communication expresses support of
the City's initiative.
Communication No. 217- Waterfront Regeneration Trust The communication advises
as being in support of the Urban Strategies' recommendations.
Communication No. 218 - Hynde Paul Associates Incorporated, Planning and
Development Consultants, on behalf of Mr. Harry Oakes, HOCO Ltd. The
communication provides comments on the Public Trail System on Top of Escarpment;
Open Space System; Development Quality and Architectural Peer Review.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations with the placing of an ad in the Niagara Falls Review on June
20, 1998.
II [1 l[ I~ [[~[[[r [ [
His Worship Mayor Thomson received a positive response to his request fora show
of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development stated that the purpose of the public
meeting was to bring forward the stakeholders and the community to provide further input
into the plan; to provide direction to proceed to the adoption of an Official Plan and how
to handle development applications in the interim.
Mr. William Amadio, on behalf of Niagara Glen View Tent & Trailer Park Limited,
discussed the subject property through the use of slides; referred to the zoning as Tourist
Commercial within the Whirlpool Satellite District; advised that the Consultant's report
stated the property represented "a significant re-development opportunity" but restricts
the uses for this property. Mr. Amadio requested that the height be made appropriate to
the development and that Council amend the proposed Official Plan Amendment with the
following:
"4.2.32 The Niagara Glen View Tent & Trailer Park represents a significant re-
development opportunity. The future use of this property shall be
considered within the context of a specific and comprehensive
development application brought forward by the property owner. Height
restrictions shall be appropriate to the re-development but shall not
exceed the maximum allowed in the Central Tourist District.'
Following some discussion it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Feren, that the Niagara Glen View Tent & Trailer Park represents
a significant re-development opportunity. The future use of this property shall be
considered within the context of a specific and comprehensive development application
brought forward by the property owner. Height restrictions shall be appropriate to the re-
development but shall not exceed the maximum allowed in the Central Tourist District.
Can~ed Unanimously.
Ms. Italia Gilberti advised that she was in attendance on behalf of the members
of the Victoria Avenue BIA and several clients; reviewed the policies with respect to the
Hotel Building Height Allowance and the "erratic split in heights", with the west side of
Ellen Avenue benefitting from a 4-storey allowance and the east side of Ellen Avenue
benefitting from a 12-storey allowance and suggested that all sub district land owners be
afforded the same land allowance; recommended that the end of the Grand Boulevard be
extended to Bender Hill; questioned the need of an Architectural Peer Review; and a 2%
Parkland Dedication, as part of the development approval process; and requested that
bonusing contributions not be approved.
Mr. Vince Kerrio Jr., President of the Victoria Avenue BIA, discussed height
allowances; suggested that the Grand Boulevard continue onto Bender Hill; requested that
bonusing development charges not be implemented; stated that the Victoria BIA would like
to have a decision made with respect to the issue of height restrictions and indicated that
if the matter would be deferred, they would like to have an opportunity to continue to
participate in the decision making process.
IITllil r I Il IIHI[ I
- 5 -
Mr. Guy Ungaro, Inn by the Falls, provided comments with respect to building
heights; the casino site; railway lines; he questioned whether the plan was legally sound
and would it stand up in a court challenge; advised that the Architectural Peer Review was
unduly restrictive; questioned whether the City's sewer and water systems could handle
the volumes and whether there was fire capability to handle 30 storey buildings; stated that
the people mover system could be incorporated into the local transit system.
Ms. Sue McDowell, Inn by the Falls, remarked that the Tourist Development
Strategy had many positive recommendations with respect to landscaping and
streetscaping; she expressed concems regarding the impact of the height restrictions on
the tourist industry; requested that fair and equal treatment be given with respect to the
height restrictions for all the Central area tourist district and suggested that Council lift the
height restrictions and look at development by a site by site basis.
Mr. Don May, Planning Consultant, on behalf of the Skylon Tower, advised of
being in support of the Tourist Area Strategy and the guidelines; and supported
recommendation tk5 of the Recommendation Report.
Mr. Victor Muratori, Renaissance Hotel Fallsview, referred to the Official Plan
Amendment and the proposed requirements; stated there was nothing in the policy that
dealt with the issue of where redevelopment takes place; suggested there should be
language put in place into the Official Plan in order to have some flexibility with existing
development.
Ms. Nancy Mclntosh, Fallsview BIA, expressed concems with respect to the
Grand Boulevard proposed in the Consultant's report and indicated that the new
thoroughfare would adversely affect the traffic flow within the area; and that the majority
of businesses would adversely be affected financially due to the traffic flow change.
Mr. Henry Muller, expressed concerns with respect to the Tourist Commercial,
Resource Commercial and Theme Park Commercial issue; suggested that a long range
view be prepared for a "Las Vegas of the North" concept; suggested future entertainment
complexes; indicated the need for higher end shopping malls; more free parking to keep
the tourists in the area.
Mr. Fermino Susin, referred to his River Road Property at Philip and John Street,
having a special provision designating the property for a proposed four storey motel
development; he stated that the draft report policies indicate that the River Road Satellite
district would be designated a Bed and Breakfast area and he requested that the special
provision be included in the report.
Mr. Michael AIlan, on behalf of the Merani family, advised as being opposed to the
height restrictions varying from 4 storeys to 30 storeys; stated this would be restrictive in
potential development and future land value and investment; indicated that all the lands
affected by the Strategy should be given equal opportunity and that all building
development should be site specific.
Mr. Luciano Dicenzo expressed concems with respect to the issue of delays in
development; height restrictions and having priodties in the right place.
It was moved by Alderman Puttick, seconded by Alderman Orr, that the issue of
height restrictions be eliminated from the Consultant's report. The motion was Lost with
Aldermen Campbell, Craitor, Fisher, Janvary, Pietrangelo, Volpatti and Wing, voting
contrary to the motion and AIdermen Cummings, Feren, Michalczyk, Orr and Puttick voting
in favour.
I! - Il Il Ig II~lll -~r
Following some discussion, it was moved by Alderman Pietrangelo, seconded by
Aldeirr~an Craitor, that the Victoria Avenue District and Clifton Hill area, that is now zoned
12 storeys go to 30 storeys and be treated equally as the Fallsview Area. The motion
Carried with Aldermen Campbell, Volpatti and Wing voting contrary to the motion and with
all others voting in favour.
Following further discussion, it was moved by Alderman Janvary, seconded by
Alderman Fisher, to approve Recommendations #1, #2 and #3 of the Recommendation
Report, with the matter coming back to Council as soon as possible. The motion Carried
with Alderman Orr voting contrary to the motion and with all others voting in favour.
It was moved by Alderman Puttick, seconded by Alderman Feren, that
Recommendation #5 be deleted from the Recommendation Report (Bonusing)
The motion Carried with Aldermen Fisher and Volpatti voting contrary to the motion and
with all others voting in favour.
Following some discussion, it was moved by Alderman Volpatti, seconded by
Alderman Pietrangelo, that Recommendation #~ to implement Urban Strategies'
recommendation regarding requiring Boulevard landscaping and 2% park dedication as
part of the development approval process. The motion Carried with Aldermen Janvary and
Puttick voting contrary to the motion and with all others voting in favour.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Implementation of the Tourist Area
Development Strategy closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
communications be received and filed. Carded Unanimously.
PD-98-84 - Chief Administrative Officer- Re: Official Plan & Zoning By-law
Amendment Application; AM-17/98, 7500 Lundy's Lane; Proposed Expansion to
Canada One Factory Outlet Mall. The report recommends that Council approve the
Official Plan and Zoning By-law amendment application for the expansion of Canada One
Factory Outlet Mall at 7500 Lundy's Lane conditional upon the following:
1. That the Official Plan amendment and amending Zoning by-law contain policies and
provisions to ensure that the proposed manufacturers' outlet mall is developed as
a tourist-serving facility and does not undermine the City's commercial districts;
2. That provisions be made for a more consistent building setback, from residential
lands abutting along the south property line and that increased screening and
buffering be provided for all abutting residential lands;
3. That the streetscaping of the development along Lundy's Lane conform to the
Tourist Area Development Strategy and the greening initiative of the Lundy's Lane
Business Improvement Association;
4. That the applicant contribute two percent cash-in-lieu of parkland dedication for the
lands that are being rezoned;
5. That Council consider adopting the Official plan amendment by-law that is on this
evening's agenda.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
IITI[ I I I1 I1~111~ I
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on June 13, 1998.
His Worship Mayor Thomson received indication that Mr. Patdck Devine, Solicitor,
was in attendance on behalf of the applicant and received a positive response to his
request for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; advised that the nature of the application was to change
residential lands to Tourist Commercial; to provide an expansion and protect a woodlot for
recreation; discussed the issue of comparability and how the project would integrate into
the residential community; referred to the provision of berming; the extension of
landscaping and buffering and the provision of public sidewalks; advised that the proposal
complied with the greening of Lundy's Lane and recommended adoption of the proposed
amendment applications.
It was moved by Alderman Fisher, seconded by Alderman Volpatti, that approval be
granted to proceed past 11:00 p.m. Carded Unanimously.
Mr. Dosa, Fallsview Homes, advised as not being opposed to the proposal;
expressed concerns with respect to the proximity of the development to residential homes.
Mr. Joe Collee, Luna Court, advised as not having received notification of the
public meeting; expressed concerns respecting lack of landscaping between his residence
and the proposed development; the issue of fencing; noise that would be emitted from the
garbage trucks; he further indicated he did not wish to have a roadway tying into his
subdivision and requested that the woodlot remain in its natural state.
The City Clerk provided clarification with respect to the notification process and
advised that notification had been given in accordance to regulations and since the matter
was a rezoning and an Official Plan amendment, notification had also been placed in the
newspaper.
Mr. Brian Smith, Bambi Crescent, requested that the woodlot remain in its natural
state and expressed concerns regarding the sewer system from the mall running into his
subdivision.
The Director of Municipal Works provided clarification with respect to the storm
sewer system advising that the sewer system would run through Bambi Subdivision and
that the original design for Bambi North Subdivision had allowed for this development area.
il Il II IR I1~111 - I ]
- 8 -
Mr. Patrick Devine, advised that the Centre would be open on September 1, 1998
and that this was a very successful location; confirmed that the woodlot would remain as
a woodlOt; requested that Council approve the Official Plan Amendment; stated that
comments would be considered ensuring that buffering and landscaping was provided;
advised that there would be no road connection into the subdivision.
The Project Architect reviewed the development with the use of posted sketches;
discussed the landscaping and buffering; the provisions of a 7 foot fence and referred to
concems expressed regarding the collection of garbage.
Mr. Devine made reference to the Official Plan amendment dealing with gross
leasable floor area and requested that the 650 square metres in gross leasable floor area
be amended to 700 square metres in the Official Plan amendment; referred to the zoning
by-law dealing with parking and requested a reduction in the length of the parking stalls
and manoeuvring aisles; and that "Jewellery' be added to the list of permitted uses.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to AM-17/98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted, and further that the residents be included in the site plan
process; that the woodlot remain in its natural state and that there be no vehicle access
to the subdivision. Carried Unanimousl_v.
See By-law No. 98-143
Prior to dealing with further Planning matters, it was ORDERED on the motion of
alderman Pietrangelo, seconded by Alderman Feren, that Report L-98-40 and By-law No.
98-144 be brought forward. Carried Unanimousl_v.
L-98-40 - Chief Administrative Officer- Re: Mulhern Park - Land Exchange with River
Realty. The report recommends that the attached Offerto Exchange between River Realty
Development (1976) Inc. ("River Realty") and The Corporation of the City of Niagara Falls
("the City'') be approved and authorized; and further that the Mayor and Clerk be authorized
to execute all documents to effect the exchange of/and and further that the City Solicitor
be authorized to take all necessary steps.
ORDERED on the motion of AIde,~an Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Aldermen Orr, Volpatti and Wing
voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by-law, and the by-law be read a first time:
98.144 A by-law to authorize the execution of an Offer to Exchange Agreement with
River Realty Development (1976) Inc. respecting the sale of Part 9 and Part
15 on reference Plan 59R-1423 and the purchase of/ands being part of Part
14 on Referenced Plan 59R-1423.
The motion Carried with Aldermen Orr, Volpatti and Wing voting contrary to the motion and
with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
following by-law be now read a second and third time:
98-144 A by-law to authorize the execution of an Offer to Exchange Agreement with
River Realty Development (1976) Inc. respecting the sale of Part 9 and Part
15 on reference Plan 59R-1423 and the purchase of/ands being part of Part
14 on Referenced Plan 59R-1423.
I~TII;; [ I I1 II]rl#r I
The motion Carried with Aldermen Orr, Volpatti and Wing voting contrary to the motion and
with all others voting in favour.
PD-98-82 - Chief Administrative Officer- Re: Zoning by-law Amendment Application;
AM-25/98, Dr. Ron McClure; 4030 Montrose Road. The report recommends that Council
approve the Zoning By-law amendment application to add a dental office to the list of uses
permitted on the land..
.AND -
Communication No. 219 - Ministry of Transportation. The communication advises as
having no objections to the change in land use, but advises that the continued usage of
existing right-in only entrance from Controlled Access Highway Thorold Stone Road will
be conditional on application and issuance of a Ministry Entrance permit.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on June 12, 1998.
His Worship Mayor Thomson received indication that the applicant was in
attendance and received a negative response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk pdor to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or wdtten
submissions at the Council meeting could result in the dismissal of the case at a future
Ontado Municipal Board hearfng.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-25/98 closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Carded Unanimousl_v.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the correspondence be received and filed. Carded Unanimousl. v.
PD-98-83 - Chief Administrative Officer- Re; Zoning By. law Amendment Application;
AM-24/98, 3414574 Canada Inc. c/o V. Panici Architect Inc., 6045 & 6015 Stanley
Avenue; 6046 Allendale Avenue & 5570 Peer Lane; Proposed Addition to the
Sheraton Inn. The report recommends that Council approve the Zoning by-law
amendment to permit the construction of an 8-storey, 80 room addition to the Sheraton Inn
and the enlargement of the parking area subject to the following:
1. That the applicant entedng into a development agreement to provide street trees
along the site's frontages on Stanley Avenue and Allendale Avenue;
2. That the applicant paying cash-in-lieu of parkland dedication pdor to building permit
issuance;
I! ill Il Il II~l] I
10-
3. That the amending by-law being drafted to reflect the recent changes to the addition
and the site plan.
- AND -
Communication No. 220 - Regional Niagara, Planning and Development Department.
The communication advises as having no objection to the application and provides
comments with respect to Right-of-Way; Servicing; Drainage; Road Improvements; Permits
and Survey Evidence.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on June 13, 1998.
His Worship Mayor Thomson received indication that Mr. V. Panici, Architect, and
Ms. Mary Ann Scazzafava, Manager, were in attendance on behalf of the applicant and
received a positive response to his request for a show of hands by persons present who
were interested in the application. He requested that all persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting.
His Worship Mayor Thomson advised that failure to make ore/ or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. Vince Baldo, 6050 Grey Avenue, expressed concems with respect to idling
buses and the accompanying noise emitted from those buses. He indicated that he was
not against the development but wishes to have the noise alleviated.
Ms. Scazzafava responded to concerns expressed and advised that every effort
would be made to request the bus drivers to cut their engines and not let their buses idle.
The Director of Planning and Development advised that there would be landscaping
provisions which should alleviate some of the noise concems.
Mr. Vinny Panici, Architect provided an overview of the proposal; discussed the
revamped parking layout and buffering.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-24/98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted and that Mr. Vince Baldo be permitted to sit in on the site
planning process. Carried Unanimously.
PD-98-87- Zoning by-law Amendment Application; AM-20/98, Ferguson Street at
Dyson Avenue; City of Niagara Falls (Applicant). The report recommends that Council
approve the application to change the zoning of the subject lands from Light Industrial (LI)
and General Industrial (Gl) to a site specific Prestige Industrial (PI) zone.
- AND -
Communication No. 221 - Miss Joan Howatson. The communication requests to
comment on the zoning issue at 4674 Ferguson Street.
IITII [ I I] 111[11[ I
11
Communication No. 222- Broderick, Mar/nell/, Amadio, Hopkins & Kirkham. The
communication requests that the matter be deferred in order that a proposal can be p/aced
before Council for a re-zoning of the neighbouring land owners properties.
Communication No. 223a) - Regional Niagara Planning and Development
Department. The communication advises as not being opposed to the application subject
to a record of site condition be submitted to the Ministry of Environment following Phase
II or Phase III ESA. - AND - Communication No. 223b) - Regional Niagara, Public
Works Department. The communication advises as not being opposed to the application;
but that the owner of commercial or industrial premises is required to install and maintain
a suitable manhole at the property line to allow observation, sampling and measurement
of sewage flow.
Communication No. 224 - Mr. V. Harris, 4f60 Victoria Avenue. The communication
requests that the application should be placed on hold until very thorough and complete
investigation is completed of the entire area of Glenview.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on June 12, 1998.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make ora/ or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
The Director of Planning and Development refe,ed to the subject lands through the
use of posted sketches; advised that the lands had been acquired due to tax arrears;
indicated that zoning was separate and distinct as it was a step in the process of disposing
of the property and recommended approval.
Mr. William Amadio advised that the property owners adjacent to Ferguson/Muir
Avenue would like to have the matter deferred and have the opportunity to meet with the
neighbours and staff to discuss the development of a more comprehensive plan.
Miss Joan Howatson, Victoria Avenue referred to he zoning by-laws and the
guidelines of the MOEE; expressed concerns with respect to the serious pollution problems
and the health of the residents in the area, and requested that Council come to some sort
of conclusion regarding the establishment and enforcement of the MOEE guidelines.
Mr. Victor Harris, requested that the final approval be deferred until the matter had
been looked into further;, he stated that By-law No. 79-200 was too vague and too unclear
as to permitted uses and further information was required.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-20/98 closed.
II It I I II II~lll I
12 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter
be deferred for further discussion. Ca~ed Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
correspondence be received and filed. Carried Unanimously.
PD-98-89 - Chief Administrative Officer- Public Meeting - Flowers Estates Draft Plan
of Subdivision: Agent; George Bahdi. The report recommends that Council consider
input received at the public Meeting and refer all matters to staff for the review of the
Flowers Estates Draft Plan of Subdivision.
- AND -
Communication No. 225 - Vincent M. Audibert. The communication requests that the
adjoining lands will be evenly graded and remain this way at all times.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on June 26, 1998.
His Worship Mayor Thomson received indication that Mr. George Bahdi, Agent, was
in attendance on behalf of the applicant.
His Worship Mayor Thomson advised that the purpose of the public meeting was
to receive information and provide an opportunity for the public to comment on the
proposed subdivision, with the Planning staff preparing a recommendation report at a
future meeting. He further advised that no decision would be made at this meeting.
Mr. George Bahdi, representative of Olympia Homes, provided an overview of the
proposed subdivision and advised that if the application was approved, a signed
agreement would be in place to service the subject lands and indicated he would
appreciate approval of the project when it comes before Council.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Flowers Estates Draft Plan of Subdivision
closed.
ORDERED on the motion of A/derr~)an Orr, seconded by Alderman Craitor, the report be
referred to sta~ The motion Carried with Alderman Cummings abstaining from the vote
on a conflict of interest and with all others voting in favour.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
correspondence be received and adopted. Carried Unanimously.
PD-98-85. Chief Administrative Officer- Re: Investigation of Possible Walkway
between Grouse Lane (as extended) to Mountain Road. The report recommends that
a walkway not be provided for between Grouse Lane and Mountain Road.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Ca~ed Unanimously.
PD-98.90- Chief Administrative Officer. Re: Application for Site Plan Approval; SPC.
19/98, Lot 16, Don Murie Street; Proposed Warehouse. The report recommends that
Council approve the site plan for a proposed warehouse on Lot 16, Don Murie Street.
IIIII II I1 lille I
13 -
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimousl_v.
PD-98-9f - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC.
7/98, W/S Kalar Road @ Coventry Road; Proposed New Elementary School The
report recommends that Council approve the site plan for a proposed new elementary
school located on the west side of Kalar Road at Coventry Road.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report
be received and adopted. Carded Unanimously.
PD-98-92. Chief Administrative Officer-Re: Application for Site Plan Approval; SPC-
f5/98, N/S Lundy's Lane, East of Kalar Road; Proposed Tim Hortons. The report
recommends that Council approve the site plan for a proposed Tim Hortons, on the north
side of Lundy's Lane, east of Kalar Road.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrengelo, that
the report be received and adopted. Carded Unanimousl. v.
PD-98-93 - Chief Administrative Officer - Re: Request for Removal of Part Lot
Control; Neighbourhoods of St. David's, Registered Plan 59M-25f ; Stonefield Park,
Block 47. The report recommends the following:
1. That Council approve the application and pass the appropriate by-law to designate
Block 47, Registered Plan 59M-251, as exempt from Part Lot Control;
2. That the applicant be required to notify the City when the separate deeds have been
registered in order for the by-law be repealed.
ORDERED on the motion of AIderman Michalczyk, seconded by Alderman Cummings, that
the report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-145
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
Minutes of June 22, 1998 be adopted as pdnted. Carded Unanimousl_v.
DEPUTATIONS
Mr. Orest Fedoriw did not attend Council as his concerns were satisfied and he
did not see the need to attend.
ORDERED on the motion of Alderman Cummings, seconded by Alderr~an Volpatti, that
the correspondence be received and filed. Carded Unanimcpusl. v.
COMMUNICATIONS
Communication No. 226 - City of Niagara Falls Non-Profit Housing Corporation - Re:
Restructuring and Reorganization of the Non-Profit Housing Corporation. The
communication advises that since there is no involvement or financial support from the
City of Niagara Falls, the Non-Profit Housing Corporation does not require three (3)
Aldefi-r~en appointed to their Board and attaches letters of resignation from the appointed
Aldermen.
ORDERED on the motion of Alde,,an Orr, seconded by Alderman Fisher' that the
communication be received and filed. Cprded Unanimously.
I1 ill I I I~ II~lll I
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Communication No. 227 - Carmella Calaguiro . Re: Speed Limit on Mountain Road.
The communication requests that the speed limit on Mountain Road between the Q.E.W.
and Portage Road be reduced to 50 km.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell/, that
the request be endorsed and that the matter be referred to the Region. Carded
Unanimousl_v.
Communication No. 228. James Cameron Welcoming Committee - Re: James
Cameron Celebrations. The communication thanks Councilfortheirassistance in making
the event a "World Class Act".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
communication be received and filed. Carried Unanimously.
Communication No. 229a) - Petition Submitted by Neighbouring Residents of the
property at 6338 Barker Street. The petition requests that the City take immediate action
to curtail the activities/business being carried on by Mr. Berheaut at 6338 Barker Street;
- AND - Communication No. 229b). Background correspondence from the Legal
Department on the matter.
Ms. Lynn Risto, 6345 Barker Street, expressed concerns with respect to the
parked vehicles on the property causing dangerous situation for the children and with
residents in the area wishing to exit their driveways; referred to the stockpiling of recyclable
items; vehicles that are left in disrepair and emit exhaust fumes and the transportation of
debris to the dump. She indicated that this business was depreciating the properties in
the area and requested that Council help "clean up" Barker Street.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Aldef~an Feren, that the matter be referred to staff for further information.
Carded Unanimousl_v.
REPORTS
MW-98-101 - Chief Administrative Officer- Re: Contract 98-163-94, Phase II; Shriner's
Creek W-5-2 Branch; Q.E.W. to 120m west of Montrose Road. The report recommends
that the unit prices submitted by the Iow tenderer, Stevensville Lawn Service Inc. be
accepted and that the by-law be passed.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimousl. v.
MS-98-102 - Chief Administrative Officer- Re: Contract 98-03; 1998 Hot Mix Asphalt
Overlays. The report recommends that the unit prices submitted by the Iow tenderer,
Norjohn Ltd., be accepted and that the by-law appearing on tonight's agenda be passed.
ORDERED on the motion of Alderman Janvary, seconded by Aide,nan Feren, that the
report be received and adopted. Carded Unanimousl. v.
R.98-35. Chair, Civic Committee - Re: Action Stemming from Civic Committee
Meeting of June 17, 1998. The report recommends that Council endorse the actions of
the June 17, 1998 meeting of the Civic Committee - 1) Request for an Ad Hoc Committee
of the Civic Committee; 2) Neighbourhoods of St. David's Request for Naming a Municipal
Park; 3) 1998 Parade Schedule.
ORDERED on the motion of Alderman Janvary, seconded by Aldef~an Feren, that the
report be received and adopted. Carded Unanimousl.v.
R-98-41 - Chair, Canada Day Celebration - Re: Canada Day Acknowledgement. The
report recommends for the information of Council.
ilrll i i i1 IIHI[ I
15 -
ORDERED on the motion of AIderman Craitor, seconded by Alderman Michalczyk, that the
report be received and filed. Carried Unanimousl_v.
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. Adoption of the Minutes of the May 25, 1998 Corporate Services Committee
meeting;
2. That the deputations and documentation involving Zoocheck Canada Inc., and
Marine/and of Canada be received and filed;
3. That the road closure fee of $400.00 for the Canadian Soap Box Derby held on
June 8, 1998 be waived;
4. F-98-42 - Municipal Accounts - that the Municipal Accounts totalling $2, 810,169. 56
for the period ending July 13, 1998 be approved;
5. F-98-43 - Special Circumstances Fund - that a portion of the Special Circumstances
Fund be used for the consultant fees related to the implementation of the Tourist
Area Development strategy and Casino issues; and that the Council place the
balance of these funds into reserves - Alderman Orr- conflict of interest;
HR-98-04 - OMERS Cont#bution Holiday - that the Council place into reserves the
savings from the OMERS "Contribution Holiday";
7. CD-98-27- Special Occasion Permit, Tender Wishes/Niagara - that Council indicate
it has no objection to the issuance of a Special Occasion Permit to the Tender
Wishes/Niagara Fund Raiser to be held on August 2, 1998;
8. Niagara Falls Lightning Gymnastics Request for grant to cover building permit fee
and waiver of tipping fees - that a grant in the amount of $240. O0 be approved for
the Niagara Falls Lightning Gymnastic Club and that the tipping fees be waived for
the trampoline pit project;
9. A.C. McCallum Legion Branch 479 - that the correspondence from the Royal
Canadian Naval Association be received and filed;
10. Chippawa Pool Committee - that the Committee support the commitment of up to
$300,000 to match the fundraising efforts of the Chippawa Pool Committee for a
new outdoor pool.
The motion Can~e~/ with Alderman Orr abstaining from the vote on Report F-98-43 -
Special Circumstances Fund, because she is employed by the Casino.
See By-law No. 98-150
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTION.~.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of the Minutes of the June 8, 1998 Community Services Committee
meeting;
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16 -
2. MW-98-87 - Sidewalks on Bishop Avenue - that sidewalks on Bishop Avenue be
constructed on the north side of the street as per the subdivision agreement;
3. R-98-42 - Chippawa Lion's Park Pedestrian Pathway- that the City provide services
in kind to construct an asphalt pedestrian pathway in Chippawa Lion's Park; and
that City staff co-ordinate the project subject to available funding for materials from
the Chippawa Lion's Club;
4. Cats in the City Issue - that the matter of controlling cats, including a spaying
program, be referred to staff for investigation;
5. R-98-36 - Winter ice Schedule for Municipal Arenas - approval of the Schedules for
Special Events and Regular use of Winter Ice for the 1998-1999 Season;
6. FD-98-09 - Traffic Light Control Transmitters - authorization of expenditure of funds
accrued through development charges for the purchase and installation of Traffic
Light Control Transmitters on the appropriate f'lre apparatus at a cost of $34,000
plus tax;
7. MW-98-88 - New Sidewalk Construction - that the information on new sidewalk
construction be received and filed;
8. Water/Wastewater Utility PAC - Appointment of Metered Sector- Multi Residential
Representative - that Mr. Sal Dipietro be appointed as representative of the Metered
Sector, Multi residential on the WaterA/Vastewater Utility PAC;
9. Correspondence of June 18, 1998 - Re: Contract RN-98-20, Rehabilitation of
Regional Road 100 (Drummond Road) between Highway 420 and Fingland Drive -
that the information be received on Rehabilitation of Regional Road 100 (Drummond
Road) between Highway 420 and Fingland Drive to commence on June 22, 1998
with an estimated completion date of September 25, 1998;
10. New Business:
- ThattheproblemofspeedingonAilanthusAvenuebereferredtotheParking
and Traffic Committee;
- That a resolution be sent to Regional Niagara requesting installation of a
stop light at the intersection of Dorchester Road and Freeman Street.
The motion Carried with Alderman Michalczyk abstaining from the vote on Report FD-98-
09 on a conflict of interest previously noted and with all others voting in favour.
CD-98-25 - Chief Administrative Officer- Re: Reduction and Refund of Taxes,
Section 443 of the Municipal Act: #f - 6102 Perkins St. (6108) - 27 25 050 001 08800
0000; #2 - 5510 Ferry St., 27 25 07'0 001 01000 0010; #3 - 6628 Argyll Cresc. 27 25 080
008 00600 0000; #4 9943 Ort Rd. 27 25 130 003 18600 0000, #5 - 9849 Grassy Brook
Rd., 27 25 140 002 14400 000. The report recommends the following:
1. That a reduction of taxes amounting to $3,894.79 for the year 1996 be made to
Nazzal Enterprises Ltd.;
2. That a reduction of taxes amounting to $3,798.74 for the year 1996 be made to
Cupolo Sports Limited T/A Cupolo's;
3. That a refund of taxes amounting to $15.36 for the year 1996 and $15.76 for the
year 1997 be made to John & Joanne Van Zuilen;
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17 ~
4. That a refund of taxes amounting to $358.40 for the year 1996 and $379.17 for the
year 1997 be made to William & Dianne Pearson;
5. That a refund of taxes amounting to $43.01 for the year 1996 and $45.50 for the
year 1997 be made to Carole Robinson.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carded Unanimousl.v.
CD-98.26 - Chief Administrative Officer- Re: Special Occasion Permit - First Niagara
Insurance Oldtimers; Mazzei Family Reunion; royal Canadian Legion Branch 396.
The report recommends that Council indicate it has no objection to the issuance of a
Special Occasion per,~it to the organizations listed in this report.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded ~Jnanimousl_v.
L-98.38 - Chief Administrative Officer- Re: Establishment of One Foot Reserves as
Public Highways; Block 52 Plan 59M-204 - Marcon Street; Block 215 Plan 59M. 129 -
Northcastie Dr~ve. The report recommends that the one foot reserves being Block 52 on
Plan No. 59M-204 and Block 215 on Plan No. 59M-129 be established as part of public
highways, to be known as Marcon Street and Northcastle Drive, respectively.
ORDERED on the motion of Alderman Cra#or, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimousl_v.
L-98-39 - Chief Administrative Off'leer- Re: Sobie-Stepien purchase from the City;
Declare surplus the land at the rear of 5220 Timothy Crescent to Valley Way. The
report recommends that Council declare the lands shown in Schedule "A' attached hereto
and located at the rear of 5220 timothy Crescent to Valley Way, being a narrow strip of City
owned land, surplus, and to then consider a proposed sale to the owners of 5220 Timothy
Crescent, for nominal consideration, provided they pay for the costs of an appraisal, a
survey and any newspaper advertisement.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
report be received and adopted. Carded Unanimousl.v.
His Worship Mayor Thomson declared a conflict of interest on the following matters
and relinquished the Chair.
Alderman Janice Wing assumed the Chair.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Craitor, that the
actions taken on the following matters by Committee-of-the-Whole, earlier this evening be
approved:
1. Wayne Thomson and the Corporation of the City of Niagara Falls, in the suit of Ruth
and Robert Shand - that staff be directed to retain the law firrr~ of Deacon, Spears,
Fedson and Montizanbertt and David Potts to defend the punitive damages claim
on behalf of both the Mayor and the City and direction to indemnify in the instance
that punitive damages are awarded;
2. Corporation of the City of Niagara Falls and City Employees - that staff be directed
to retain the law firm of Steiber, Berlach, Gibbs and Frank Csathy to defend the
punitive damages claim on behalf of the City and City employees in the general
damages claim and that the employees be indemnified in the instance that punitive
damages are awarded.
Carded Unanimousl_v.
Ill ill Il II II~lll I
18 -
His Worship Mayor Thomson resumed the Chair.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
leave be granted to introduce the fo/lowing by-laws, and the by-laws be read a first time:
98-140 A by-law to exempt the Royal Canadian Legions (Branches 51, 479 and
396), the Canadian Corps Association and the British Canadian Veterans
Association from property taxation, pursuant to Section 207 (62) of The
Municipal A ct.
98-141 A by-law to authorize the execution of an Indemnification Agreement with
Treibacher Schleifmittel Corporation respecting Court File No. D502/95
between Dresser Canada,/nc. v. The Regional Assessment Commissioner,
Region No. 18 and The Corporation of the City of Niagare Falls.
98-142 A by-law to declare surplus the rear of 5220 Timothy Crescent to Valley Way
being a narrow strip of land owned by the City of Niagara Falls and to
authorize that public notice be given of the said land being declared surplus.
98-143 A by-law to provide for the adoption of an amendment to the City of N
Niagara Falls Official Plan. (AM-17/98) (Amencled)
98-145 A by-law to designate Block 47 on registered Plan 59M-251 not to be subject
to part lot control. (Re: PD-98-93)
98-145 A by-law to amend By-law No. 79-200, as amended. (Re: Craig Newton,
4680 Queen Street, AM-12./98)
98-147 A by-law to establish Block 52 on Plan 59M-204 and Block 215 on Plan 59M-
129 as public highways, to be know as and to form part of Marcon Street and
Northcastle Drive, respectively.
98-148 A by-law to authorize the execution of an agreement with Norjohn Limited
respecting 1998 Asphalt Overlay Program - City Wide.
98-149 A by-law to authorize the execution of an agreement with Stevensville Lawn
Service Inc. respecting the Shriner's Creek W-5-2 Branch Watercourse
System Improvements- Q.E. W. to 120 metres west of Montrose Road.
98-150 A by-law to authorize monies for General Purposes (July 13, 1998)
98-151 A by-law respecting the conveyance of land for park purposes.(Re: AM-
23/95)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Michalczyk, Pietrangelo
and Wing abstaining from the vote on conflicts of interest on By-law No. 98-150
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,,
that the following by-laws be now read a second and third time:
98-140 A by-law to exempt the Royal Canadian Legions (Branches 51, 479 and
396), the Canadian Corps Association and the British Canadian Veterans
Association from property taxation, pursuant to Section 207 (62) of The
Municipal Act.
19 -
98-141 A by-law to authorize the execution of an Indemnification Agreement with
Treibacher Schleifmittel Corporation respecting Court File No. D502/95
between Dresser Canada, Inc. v. The Regional Assessment Commissioner,
Region No. 18 and The Corporation of the City of Niagara Falls.
98-142 A by-law to declare surplus the rear of 5220 Timothy Crescent to Valley Way
being a narrow strip of land owned by the City of Niagara Falls and to
authorize that public notice be given of the said land being declared surplus.
98-143 A by-law to provide for the adoption of an amendment to the City of N
Niagara Falls Official Plan. (AM-17/98) (Amended)
98-145 A by-law to designate BIock 47 on registered Plan 59M-251not to be subject
to part lot control. (Re: PD-98-93)
98-146 A by-law to amend By-law No. 79-200, as amended. (Re: Craig Newton,
4680 Queen Street, AM-12_/98)
98-147 A by-law to establish Block 52 on Plan 59M-204 and Block 215 on Plan 59M-
129 as public highways, to be know as and to form part of Marcon Street and
Northcastle Drive, respectively.
98-148 A by-law to authorize the execution of an agreement with No/john Limited
respecting 1998 Asphalt Overlay Program- City Wide.
98-149 A by-law to authorize the execution of an agreement with Stevensville Lawn
Service Inc. respecting the Shriner's Creek W-5-2 Branch Watercourse
System Improvements - Q.E.W. to 120 metres west of Montrose Road.
98-150 A by-law to authorize monies for General Purposes (July 13, 1998)
98-151 A by-law respecting the conveyance of land for park purposes.(Re: AM-
23/95)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Michalczyk, Pietrangelo
and Wing abstaining from the vote on conflicts of interest on By-law No. 98-150
NEW BUSINESS
Sin_nape to entrance at Marineland
Alderman Pat Cummings requested that signage to Marine/and indicating the
entrance is located et the stop lights be referred to the Region.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter of signage to Marine/and indicating the entrance is located at the stop lights be
referred to the Region. Carried Unanimousl. v.
II III I I II II~III I
20-
ORDERED on the motion of AIde~an Cummings, seconded by Alderman Pietrangelo, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED
MA YOR WA YNE THOMSON
I I I1 i1~11[ I
NINETEENTH MEETING
SPECIAL COUNCIL MEETING
COMMITTEE ROOM #2
JULY 23, 1998
Council met on Thursday, July 23, 1998 at 4:30 p.m. in a Special Meeting for the
purpose of having a Public Meeting respecting Zoning Amendment Application AM-21/98;
Canadian Niagara Hotels Inc. All members of Council, with the exception of Alderman
Janice Wing, were present. Alderman Pat Cummings offered the Opening Prayer.
DISCLOSURES OF PECUNIARYINTEREST
There were no disclosures of pecuniary interests.
PLANNING MATTER
Prior to dealing with the Public Meeting respecting Zoning Amendment Application
AM-21/98, His Worship Mayor Thomson declared a conflict of interest on AM-21/98 and
relinquished the Chair.
Alderman Cummings assumed the Chair.
PD-98-95, Chief Administrative Officer - Re: Zoning By-law Amendment application;
AM-21198; Canadian Niagara Hotels Inc., 5685 Falls Avenue - Skyline Foxhead Hotel.
The report recommends the following:
1. That Council approve the Zoning By-law amendment application to permit the
construction of an 8-storey, 270 reom addition to the Skyline Foxhead Hotel subject
to the following:
i) the applicant entedng into legal encroachment agreements with the City prior
to any building permits being issued for those portions of the structure which
may encroach on the Municipal property;
ii) elevation drawings of the building showing the massing and conceptual
design of the development and a 20-foot landscaping stdp and a continuous
row of trees between the parking area and Falls Avenue being required as
part of the Site Plan approval process;
iii) the existing agreement between Maple Leaf Village Investments Inc., and
the City being amended to reflect the applicant's commitment to provide an
increased number of parking spaces on a separate parcel of land; and
iv) the applicant undertaking a Traffic Impact Study and obtaining all necessary
permits to the satisfaction of the Ministry of Transportation prior to building
permit issuance.
2. Council adopt the related amending by-law appearing in Council's agenda to permit
the proposed development to proceed.
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- AND -
Communication No. 230a) - Regional Niagara Planning and Development
Department. The communication suggests that it may be preferable to await the
completion of the Development Strategy before making a decision on this proposal, and
that at the least, this application should be reviewed having regard to the draft
Development Strategy. - AND - Communication No, 230b) - D. K. Cherrington,
Manager, Service Review and Approvals, Regional Municipality of Niagara. The
communication advises as not being opposed to the application which is intended to permit
the construction of an additional 7 floors of guest rooms and a mechanical floor on top of
the existing 13 storey hotel; the building to have a total height of 258 feet, including a new
roof feature, and providing an additional 270 rooms in addition to the existing 400 rooms.
Communication No. 231 - Ministry of Transportation. The communication expresses
concerns as outlined in the communication.
Communication No. 232 - The Niagara Parks Commission. The communication
advises as having no objections to the propoSal.
Alderman Cummings declared the Public Meeting open and read the procedure to
be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on July 3, 1998.
Alderman Cummings received indication that the applicant, Dino DiCienzo, his
agent, John Brodedck of Broderick & Associates, and Stan Szaflarski, Architect, were in
attendance and received a negative response to his request for a show of hands by
persons interested in the application.
Alderman Cummings advised that failure to make oral or wdtten submissions at the
Public Meeting could result in the dismissal of the case at a future Ontado Municipal Board
hearing.
There was a negative response to Alderman Cummings' request for comments from
persons, other than the applicant, his agent, or his architect, in support of the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the recommendations of staff in the Planning
Report PD-98-95; encroachment agreements; elevation drawings and landscaping; parking
spaces; Traffic Impact Study and permits to the satisfaction of the Ministry of
Transportation. He further advised that planning staff were recommending approval of the
application subject to site plan agreements.
Discussion ensued with respect to buses loading and unloading on Falls Avenue.
The Director of Planning and Development provided clarification in response to
questions raised.
Mr. John Broderick was in agreement with item (i) and (iii) of the recommendation
report and requested that item (ii) be amended to read "elevation drawings of the building
showing the massing and conceptual design of the development"; and that item (iv) be
deleted.
-3-
Since no further comments were forthcoming, Alderman Cummings declared the
Public Meeting with regard to Application AM-21/98 closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, to approve the
application to permit the construction of an 8-storey, 270 room addition, subject to site plan
process, and deleting a section of recommendation 1. (ii) respecting the 20-foot
landscaping strip and a continuous row of trees between the parking area and Falls
Avenue, and deleting recommendation (iv) entirely. The motion Carried with His Worship
Mayor Thomson abstaining from the vote on a conflict of interest previously noted,
Alde,-,i,an Volpatti voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
correspondence items be received and filed. Carried Unanimously.
See By-law No. 98-155
His Worship Mayor Thomson resumed the Chair.
MISCELLANEOUS PLANNING MATTER
NO. 34 - PUTTICK - FEREN RESOLVED that this Council does determine in
accordance with Section 34(17) of the Planning ACt, R.S.O. that the changes proposed to
the Zoning By-law for application AM-32/97 (876891 Ontario Limited - DiCosimo) for the
Niagara Falls Planning Area, are minor in nature and do not require any further notice.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
PD-98-96 - Chief Administrative Officer - Re: Proposed Changes to the Amending By-
law; AM-32197, Zoning By-law Amendment Application (876891 Ontario Limited -
DiCosimo); 6361 Buchanan Avenue. The report recommends that:
1. Council determine by resolution that the changes proposed to the amending by-law
for AM-32/97 do not require the giving of further notice prior to its passing; and
2. Council pass the amending by-law appearing in tonight's agenda which will permit
the design modifications to the proposed addition noted in this report.
ORDERED on the motion of Alderman Puttick, seconded by Alderrr~an Feren, that the
report be received and adopted with an amendment to the number of rooms in the Current
Design from 469 to 477. Carded Unanimously.
See By-law No. 98-157
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the Minutes of the Council meeting of July 13, 1998 be adopted as printed. Carried
Unanimously,
IB!l III I I Il IKIII I
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REPORTS
MW-98-103 - Chief Administrative Officer - Re: Modifications to Heating, Ventilation
and Air-condition systems - City Hall. The report recommends that Engineering
Concepts Niagara be authorized to prepare design drawings and tender documents for the
work required to complete the Heating Ventilation and Air Conditioning (HVAC)
modifications to City Hall as outlined in their report dated February 1998 for the sum of
$18,000.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk that
the report be received and adopted. Carried Unanimously.
MW-98-109 - Chief Administrative Officer - Re: Parking Meter Housings and
Accessories; Quotation 43-98. The report recommends that J. J. MacKay be awarded
the quotation to supply 50 parking meter housings and 50 electronic mechanisms for a
total cost of $25,006.75.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk that the
report be received and adopted. Carried Unanimously.
R-98-34 - Chief Administrative Officer - Re: Amendment to Cemetery By-law 87-87.
The report recommends that the Cemet,.~ry By-law be amended to prohibit any person from
being within the cemetery grounds bef~.~re sunrise and after sunset.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that the
report be received and adopted. Carrie, d Unanimously.
L-98-41 - Chief Administrative Officer - Re: Sign Permit Application, 5008 Centre
Street. The report recommends that Council not approve the application for a wall sign at
5008 Centre Street, submitted by Neon Products.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo that
the report be referred to Staff for further input and deferred to the August 17, 1998 Council
meeting. Carried Unanimously.
L-98-44 - Chief Administrative Officer - Re: Sale of Hattie Avenue. The report
recommends that the disposal of Hattie Avenue be delayed until such time as local
improvements are commenced.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher that the
report be received and adopted. Carried Unanimously.
MW-98-110 - Chief Administrative Officer- Re: Municipal Parking & Traffic Committee
Recommendations from July 21, 1998 Meeting. The report recommends the following:
1. MW-98-93 - Tad Street at Kirkland Drive: Ali-Way Stop Request
1) that an all-way stop control be installed at the intersection of Tad Street and
Kirkland Drive.
2. MW-98-94 - Pdnce Edward Avenue at Cook Street; All-Way Stop Request
1) that an all-way stop control be installed at the intersection of Prince Edward
Avenue and Cook Street; and
2) the existing playground sign on Prince Edward Avenue and on Cook Street
be replaced with new signs.
3. MW-98-96 - Brookdale Drive at Niven Street; Ali-Way Stop Request
1 ) an all-way stop control be installed at the intersection of Brookdale Drive and
Niven Street; and
2) a centreline be applied on all approaches to Brookdale Drive and Niven
Street.
-5-
4. MW-98-97 - Booth Street - Parking Review
1) that parking be restricted at all times on the east side of Booth Street from
Orchard Grove Parkway to Beaverdams Road; and
2) a stop sign be installed on the north approach of Booth Street at Orchard
Grove Parkway.
5. MW-98-98 - Intersection Pedestrian Signal; Installation and Warrants - that the
Ministry of Transportation's Warrant for the installation of an Intersection Pedestrian
Signal, be adopted by the City Council.
6. MW-98-99 - Murray Street; Heavy Vehicle Restriction - that a heavy vehicle (no
buses) restriction be implemented on Murray Street between Drummond Road and
Main Street.
7. MW-98-100 - Caledonia Street at Margaret Street (S.I.); All-Way Stop Request
1) an all-way stop control be installed at the intersection of Caledonia Street
and Margaret Street (South Intersection); and
2) a request be forwarded to the Niagara Regional Police to stdctly enforce the
50 km/h speed limit on Caledonia Street.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 35 - PUTTICK - FEREN - WHEREAS Ontario Hydro's Niagara River Hydro Electric
Development Project (Beck 3) would provided a clean, sustainable, and safe generating
source located at the place where Ontario Hydro established its roots in generating power
and whereas the City of Niagara Falls has supported the Beck 3 Project since its inception
because of the significant benefits it will bring to the City (example much needed
employment, healthy construction activity, acceleration of the Tourist Core Sewer
Separation Program by means of a more economic outlet, etc.); AND WHEREAS final
Environmental Assessment documentation for the Beck 3 Project was submitted to the
Ministry of the Environment in 1993; AND WHEREAS the Beck 3 Project has been
reactivated by Ontario Hydro in the Spring of this year (possibly to be implemented in
Stages); AND WHEREAS further delay in issuance of Environmental Assessment approval
of the Beck 3 Project may jeopardize final approval by Ontario Hydro's Board of Directors
and hence the current implementation schedule; NOW THEREFORE BE IT RESOLVED
THAT the Minister of Environment be requested to expedite processing and final approval
of the Niagara River Hydroelectric Development Project (Beck 3) under the Environmental
Assessment Act, including consideration by Cabinet at their August 12, 1998 meeting, but
no later than the September Cabinet meeting.; AND the Seal of the Corporation be hereto
affixed. Carried Unanimously
ORDERED on the motion of Alderman Cummings, Seconded by Alderman Pietrangelo that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-152 A By-law to authorize the sale of part of Lot 114 in the former Township of
Stamford designated as Part 13 on Reference Plan No. 59R-3296 to Gary
Joseph Stepien and Marlene Paulette Sobie-Stepien for nominal
consideration, plus costs.
98-153 A By-law to amend By-law 87-87, as amended, being a by-law regarding
cemeteries.
98-154 A By-law to amend By-law 79-200, as amended. (AM-26/97)
-6-
98-155 A By-law to amend By-law No. 5335 (1955), as amended, which is a by-law
to regulate the use of land and the use, parking requirements, location,
spacing, height and area of buildings and structures within the City of
Niagara Falls.
98-156 A By-law to authorize the execution of an agreement with volunteers,
namely: Shidey Fisher, Chadty MacFarlane, Dan Dilts, Carol Ede, don Ede,
Joan Manley, Don Naisbitt, Bill Manley, Fay Andrews, Bowman Andrews,
William Barfield, Garth Hutcheon and Darlene Willick, respecting the City's
Paint-A-Post Program.
98-157 A By-law to amend By-law 79-200, as amended. (AM-32/97)
98-158 A By-law to amend By-law 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Stop Signs, Yield Signs, Heavy Vehicles, Through
Highways)
98-159 A By-law to amend By-Il ~w 89-2000, being a by-law to regulate parking and
traffic on City roads. (Farking)
98-160 A By-law to authorize tt,e execution of an agreement with Olifas Marketing
Group Inc. with respect to selling space on advertising faces on pedestrian
hand rails and associated waste receptacles for the purpose of advertising
goods and services.
The motion Carried with His Worship Mayor Thomson abstaining from the vote on By-law
No. 98-155 on conflict of interest previously noted; and Alderman Volpatti voting contrary
to the motion on By-law 98-155 and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, Seconded by Alderman Michalczyk that
the by-laws be now read a second and third time.
98-152 A By-law to authorize the sale of part of Lot 114 in the former Township of
Stamford designated as Part 13 on Reference Plan No. 59R-3296 to Gary
Joseph Stepien and Marlene Paulette Sobie-Stepien for nominal
consideration, plus costs.
98-153 A By-law to amend By-law 87-87, as amended, being a by-law regarding
cemeteries.
98-154 A By-law to amend By-law 79-200, as amended. (AM-26/97)
98-155 A By-law to amend By-law No. 5335 (1955), as amended, which is a by-law
to regulate the use of land and the use, parking requirements, location,
spacing, height and area of buildings and structures within the City of
Niagara Falls.
98-156 A By-law to authorize the execution of an agreement with volunteers,
namely: Shidey Fisher, Chadty MacFarlane, Dan Dilts, Carol Ede, don Ede,
Joan Manley, Don Naisbitt, Bill Maniey, Fay Andrews, Bowman Andrews,
William Barfield, Garth Hutcheon and Darlene Willick, respecting the City's
Paint-A-Post Program.
98-157 A By-law to amend By-law 79-200, as amended. (AM-32/97)
~ I II Illrlll~ ~
-7-
98-158 A By-law to amend By-law 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Stop Signs, Yield Signs, Heavy Vehicles, Through
Highways)
98-159 A By-law to amend By-law 89-2000, being a by-law to regulate parking and
traffic on City roads. (Parking)
98-160 A By-law to authorize the execution of an agreement with Olifas Marketing
Group Inc. with respect to selling space on advertising faces on pedestrian
hand rails and associated waste receptacles for the purpose of advertising
goods and services.
The motion Carded with His Worship Mayor Thomson abstaining from the vote on By-law
No. 98-155 on conflict of interest previously noted; and Alderman Volpatti voting contrary
to the motion on By-law 98-155 and with all others voting in favour.
NEW BUSINESS
Drummond Road Bridcje
Alderman Norm Puttick referred to the construction on Drummond Road between
Morrison Street and the bridge over Hwy. 420 and was concerned about the bridge not
being wide enough to compensate for the four lanes of traffic.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that a
meeting be held with the Ministry of Transportation representatives during the AMO
Conference. Carried Unanimovsly
Dorchester Road and Freeman Street
Alderman Craitor referred to a recent serious accident at the intersection of
Freeman Street and Dorchester Road and suggests that this intersection warrants a review
of controls to avoid any more serious accidents.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher that the
matter be referred to the Parking and Traffic Committee. Carried Unanimously
Gales Gas Bar
Following some discussion on the construction of the Thorold Stone Road Bridge,
the Director of Municipal Works is to coordinate a meeting with the Regional Municipality
of Niagara's Municipal Works Department and Gales Gas Bar to alleviate any problems
which might occur respecting side walks in front of the Gas Bar on Thorold Stone Road.
Marineland
Alderi¥~an Fisher would like a letter sent to Mr. John Holer of Marineland inviting him
to attend a Council meeting to commend him on the opening of the new whale tank and
to invite him to share his visions and plans for the attraction in the future.
Il! ill I I II IIUI! I
.g_
Pedestrian Traffic Sipns
Alderman Feren expressed concerns about the duration of "Walk" and "Don't Walk"
signs at Traffic Lights at intersections particularly Victoria Avenue and Centre Street and
Clifton Hill.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher that the
matter be referred to staff for discussion with respect to that area. Carried Unanimously
Ph_vsiotherao¥
Alde.~an Pietrangelo advised that the Ministry of Health will curtail coverage of
physiotherapy treatments in 1999 and that treatments will have to be borne by patients
instead of OHIP.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that a
resolution be forwarded to the Minister of Health requesting the Province to rescind that
decision. The motion Carded with Alderman Janvary declaring a conflict of interest as her
daughter is employed as a physiotherapist, and all others voting in favour.
PIETRANGELO - FEREN - WHEREAS the Minister of Health, the Honourable Elizabeth
Whitmer has recently announced that coverage for Physiotherapy treatment under the
Ontario Health Insurance Program will cease as of Apdl, 1999. NOW THEREFORE BE
IT RESOLVED THAT The Corporation of the City of Niagara Falls hereby requests the
Province to immediately rescind its decision to remove Ontado Health Insurance Program
coverage for Physiotherapy treatment; AND THAT this Resolution be sent to Municipalities
over 50,000 population and AMO for support. AND the Seal of the Corporation be hereto
affixed. Carried Unanimously.
Festival of Liqhts
Alderman Cummings referred to Federal funding for Millenium projects and was
advised by Alderman Janvary that the Festival of Lights were looking into Millenium
projects pool and will produce a Millenium Report.
ORDERED on the motion of Alderman Feran, seconded by Alderman Cummings that the
matter be referred to Staff. Carried Unanimously
Casino Parkinp Lot at Hwy_ 420
Alde~i~an Volpatti referred to the condition of the lands surrounding the Parking Lot
at Stanley Avenue and Hwy 420 and would like something done to enhance its
appearance.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren that the
matter be referred to Staff. Carried Unanimously.
Letter of Condolence
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings
that a letter of condolence be forwarded to the family of the late Michael Aceti. Carded
Unanimously
ll[ll I I I~ IIHII' ~
-9-
Council Renovations
Alderman Cummings referred to the Council Chambers renovations and requested
that Staff obtain quotes for new chairs, and review microphones for Aldermen in the
Council Chambers in order to correct excessive background noise.
ORDERED on the motion of Alderman Feren, seconded by Alderr~an Pietrangelo that the
matter be referred to Staff. Carried Unanimously
It was moved by Alderman Cummings, seconded by Alderman Puttick that the
meeting adjourn to Committee-of-the-Whole. Carded Unanimously.
READ AND ADOPTED,
COMMITTEE OF THE WHOLE
Committee Room #2
July 23, 1998
Council met on Thursday, July 23, 1998 at 6:05 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Wing, were present. His Worship
Mayor Thomson presided as Chairman.
Following consideration of the item presented, the Committee-of-the-Whole rose to
report in open session.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo that
the action taken on the following matter by Committee-of-the-Whole this evening, be
approved.
- That the Niagara Falls Humane Society be given six months wdtten notice of Council's
intention to terminate its dog/animal control services agreement. Carded Unanimo~jsly.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
IBII ill I I II I1~111 I
TWENTIETH MEETING
Committee-of-the-Whole
Committee Room #2
August 17, 1998
Council met on Monday, August 17, 1998 at 6:30 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Pietrangelo, were present.
Alderman Ed Michalczyk presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
~." MA YOR WA YNE THOMSON
PLANNING MEETING
Council Chambers
August 17, 1998
Council met on Monday, August 17, 1998 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council, with the exception
of Alden~an Pietrangelo, were in attendance. Alderman Shirley Fisher offered the
Opening Prayer.
Prior to dealing with Planning matters, His Worship Mayor Thomson referred to the
new renovations in Council Chambers which had been completed by City staff and
requested that a letter be forwarded to staff in appreciation of all their efforts in the
renovation project.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
letter be forwarded to City staff in appreciation for all their endeavours in the renovations
of the Council Chambers. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Campbell indicated a pecuniary interest on Report F-98-45, Cheque
No.238841, because a member of his family is employed by the recipient; and on Report
MW-98-119, because his parents reside in the area.
Alde~men Craitor and Cummings indicated p~cuniary interests on Report F-98-45,
Cheque Nos. M92306; M92312; M92316; M92327; M92333; M92334;238571; 238661;
238805 and 239116 because members of their family are employed by the Region.
Alderman Janvary indicated a pecuniary interest on Report L-98-51 because a
member of her family resides in the area.
Alderman Michalczyk indicated a pecuniary interest on Report Nos. F-98-45 and
FS-98-10 because he is a volunteer firefighter.
Alderman Wing indicated a pecuniary interest on Report F-98-45, Cheque No.
239073 because she is Chair of the interest group.
His Worship Mayor Thomson declared a confl:ct of interest on a Committee-of-the-
Whole matter dealing with the Skyline Foxhead Hole/.
DEPUTATIONS_
His Worship Mayor Thomson welcomed Superintendent K.R. Davidson who
provided information on the policing efforts in the community through the HEA T program;
commented that community policing required the ~ssistance and support of the whole
community and expressed appreciation to the community for their assistance and co-
operation in this regard; and introduced some or* the members of the HEAT team to
members of Council.
Mr. Tony Barranca, Chair, Downtown BIA, presented a cheque in the amount of
$5,000 to the Niagara Falls Police Services and the HEAT program on behalf of the
merchants of the Downtown Board; and encoura.cted the business community to do the
same.
Following the discussion, it was ORDERED :~n the motion of Alderman Cummings,
seconded by Alderman Fisher, that the City supports the work and efforts of
Superintendent Davidson and the HEAT program. Carried Unanimousl.v.
PLANNING MATTERS
PD-98-98 - Chief Administrative Officer- Re; Zor~mg By. law Amendment Application;
AM-26/98, Attilio & Joanie Salvatore; 7156 Drummond Road. The report recommends
that Council approve the Zoning By-law amendme:'.t application to add a printing shop to
the list of uses permitted on the land.
- AND -
Communication No. 33 - The City of Niag;~ra Falls, Building Division. The
communication advises that the applicant should he informed that they may be required
to obtain all necessary approvals from the Ministry of Labour and the Ministry of
Environment; and that the applicant shall conta:t the Building Division for a possible
change of use permit or a building permit.
Communication No. 34 - Ministry of the Environment. The communication provides
comments with respect to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on July 17, 1998.
His Worship Mayor Thomson received indication that the representative of the
developer was in attendance and received a negative response to his request for a show
of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches; advised the subject land is currently zoned
Neighbourhood Commercial and the applicant has requested site specific zoning provisions
to add a print shop to the permitted uses; stated that the site had been used as a variety
store and a jewellery store and advised staff was recommending approval of the
application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response from persons in opposition .to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to AM-26/98 closed.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
the report be received and adopted. Can~ed Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
communications be received and filed. Carried Unanimousl_v.
PD-98-104 - Chief Administrative Officer- Re: Zoning by-law Amendment
Application; AM-27/95; Warren Woods Proposed Plan of Subdivision 26T-96001
(Revised); Owner: 797045 Ontario 'Limited. The report recommends the following:
1. That Council approve the application to amend the Zoning By-law as detailed in this
report to provide the necessary land use regulations to guide development of the
first subdivision phase;
2. That the revised Warren Woods draft plan of subdivision be approved subject to the
conditions in the attached Appendix;
3. That this report be sent to the Regional Municipality of Niagara as the City's
comments on the subdivision.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on July 24, 1998 to all owners of land within the area to
which the Application applied.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on July 31,1998.
His Worship Mayor Thomson advised that the purpose of the meeting was to
receive infom~ation and provide an opportunity for the public to make comments on the
proposal; and that all comments received will be considered and a recommendation report
would be prepared for a future Council meeting.
His Worship Mayor Thomson received indication that Mr. John Mesteck, River
Realty was in attendance on behalf of the applicant.
Mr. John Mesteck, River Realty advised that the application proposed to develop
42-single family lots, which were permitted and complied with the current zoning of
R2 Residential; he indicated that the lots would be serviced to full municipal standards
including curb and gutter roadways and that the proposed subdivision would blend in well
with the surrounding residential community.
Mr. Luc Veilleux, 4535 Baldwin Avenue, requested information on why the original
Mu/hem Park did not have the same boundaries as originally given and expressed
concerns with respect to 2 proposed lots to be built with access onto Baldwin Avenue.
Mr. Bill Main, 7755 Mulhern Street, requested clarification on whether Lots 34 and
Lots 37 were currently part of City property and would they remain part of the park. He
was advised that they would remain as parkland.
Ms Jean Grendoni stated'that there had been a 75- foot swale at the end of Mr.
Jones' property through to Alpine Drive and requested the status on this overland drainage.
In response to questions raised, the Director of Municipal Works stated that the
matter would be looked into and indicated that the 100 year ove#and stom~ flow would be
preserved and maintained through this property as it developed.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Fleming Estates Draft Plan of Subdivision
closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
comments be referred to staff. Carded Unanimousl_v.
ORDERED on the motion of AIde,~an Cummings, seconded by Alderman Volpatti, that
the correspondence be received and filed. Carded Unanimously,
PD-98-100 - Chief Administrative Officer. Orchard Grove Extension Draft Plan of
Subdivision; File: 26T-11-9805; Agent: Fruitbelt Development. The report recommends
that Council consider input received at the Public Meeting and refer all matters to staff for
the review of the Orchard Grove Extension Draft Plan of Subdivision.
- AND -
Communication No. 37. Rodilio Recine. The communication advises as being opposed
to the design of the proposed subdivision.
Communication No. 38 - Adrian G, Smith. The communication expresses concems with
respect to increased flooding in the area and advises as being opposed to the
development.
Communication No. 39 - Christine and Kevin Beatty. The communication expresses
concerns regarding backyard flooding.
His Worship Mayor Thomson decla~ the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on July 31, 1998.
His Worship Mayor Thomson advise~, that the purpose of the meeting was to
receive information and provide an opportun~y for the public to make comments on the
proposal; and that all comments received w(~ld be considered with a recommendation
report being prepared for a future Council m~,.ting.
His Worship Mayor Thomson receivect indication that Mr. Eric Henry, Developer,
was in attendance and received a positive res~,onse to his request for a show of hands by
persons present who were interested in the application.
Mr. Eric Henry advised that the propo~a/ was to create a 52-1ot subdivision with
access from Beaverdams Road with a connection to the west into Orchard Grove;
referred to the woodlot identified in the City's woodlot study and to the creation of 8 large
lots to encourage the saving of the trees in ,!he area; he further advised that Fruitbelt
Development would double plant trees in the ,,~ubdivision.
The Deputy Director of Planning and Development provided information on the
unusual configuration of the proposed development through the use of posted sketches.
Mr. Henry responded to concerns expressed with respect to traffic f/ow pattems on
Beaverdams and Lundy's Lane; assured that ~he developer was responsible to contain all
the storm water that falls on their site and'~o provide a mechanism to get it off site;
commented on correspondence from Mr. Re~ine and stated that the City would have to
deal with his hotel concerns and that he woa~d be happy to look at any altemative plans
that Mr. Recine might have with respect to rc,~.d patterns.
~r. Joe ~an~o~e, 7942 Beaverdams ~'oa~, referred to having a line of trees along
his property line and requested that the tree~ not be cut down; he also questioned the
amount of buffen'ng that would be done in th s'! area.
Il/Is. Jean ~rando~i, referred to haw'r,~ "piecemeal development" in the area; the
lack of a watershed plan; no environmental sl!~i~dies or mitigative measures to preserve the
wetland; she suggested that the woodlot be ~reserved as parkland; expressed the view
that the area was a recharge to the tributary s3Uth of Beaverdams Creek and indicated that
The Official Plan stated that there should b~;' storm water plans for watershed areas in
advance of development or redevelopment.
Mr. Henry responded to questions rai,,~d and advised that a watershed study was
not required due to not having enough a;res of land above their site to warrant a
watershed study; advised that there would b~i sufficient sewer capacity in the area as all
the storm water had been taken out of the J;)nitary sewers; he further advised that the
Official Plan does not designate the area as ~ wetland.
The Director of Municipal Works reaffi~?r~ed that staff would be looking at the sewer
capacity in that area and assured that the sawer capacity would adequately handle the
development.
Mr. Rodilio Recine, 7800 Beaverdarr~ Rd., stated that he was not opposed to the
subdivision but requested that something bg; done regarding the road allowance to his
property; and also requested connection of ,,;~rm services for future development.
Since no further comments were!forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Orchard Grove Extension Application
closed.
ORDERED on the motion of AIde~r~an Volpatti, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the
correspondence be received and filed. Carried Unanimously.
PD-98-97 - Chief Administrative Officer. Re: Regional Policy Plan Amendment No.
123; Italo-Canadian Centennial Club; 6200 Thorold Townline Road; Recreation Hall.
The report recommends that Council advise the Region that it has no objection to Regional
policy Plan Amendment No. 123 which would legalize the Italo-Canadian Centennial Club's
3, 100 square foot recreation hall.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carried with Alde~an Wing voting contrary
to the motion and with all others voting in favour.
PD-98-fOf - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval; Chippawa West Phase II, 26-T.94009; Queensway Chippawa Properties
Inc. The report recommends the following:
1. That a Council resolution supporting a two-year extension to draft plan approval for
the Chippawa West Phase II Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
info~r~)ation purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of AIdet~an Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. The motion Carried with Alde~an Fisher abstaining from
the vote on a conflict of interest and with e!l others voting in favour.
See Resolution NO. 38
PD-98-I02 - Chief Administrative Office~'~ - Re: Request for Extension to Draft Plan
Approval; Ascot Woods Extension 6; 2'~T-92003; Ascot Woods Limited. The report
recommends the following: ~
1. That a Council resolution supporting?a one-year extension to draft plan approval for
the Ascot Woods Extension 6 Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
information purposes; ~
2. That a copy of this report and the C~uncil resolution be forwarded to the applicant
and the Regional Municipality of N'~gara.
ORDERED on the motion of Alderman Fern, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried ~/nanimously.
See Resolution No. 39
PD-98-103 - Chief Administrative Officer- Recommendation Report; Flowers Estates
Draft Plan of Subdivision; File: 26T-11-9806; Agent: George Bahdi. The report
recommends the following: ~ ~
1. That the Flowers Estates draft Plan of Subdivision be approved subject to the
conditions in the attached Appendix;
I1[ III I I ff I1~111 I
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimousl. v.
PD-98.105 - Chief Administrative Officer - Re: Application for Site Plan Approval;
SPC-23/98; 6361 Buchanan Avenue; Proposed 30-storey hotel The report
recommends that Council approve the site plan for a proposed 30-storey hotel at 6361
Buchanan Avenue conditional upon the applicant entering into a development agreement
with the City to address the sanitary sewer extension, traffic impact study and
streetscaping.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimousl_v.
PD-98-106 - Chief Administrstive Officer- Re: Application for Site Plan Agreement
between First Niagara Developments Inc. and 802700 Ontario Inc. and The City SPC-
26/98, s/s Morrison Stree~ west of Dorchester Road; Proposed Business Depot. The
report recommends that Council approve the amended site plan for the lands on the south
side of Mordson Street, west of Domhester Road, for the development of a 25,100 square
foot Business Depot.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimousl_v.
PD-96-107. Chief Administrative Officer. Re: Cash-in-lieu of Parking Agreement
between The Corporation of the City of Niagara Falls and Mr. George Hardy of Royal
Steter Ltd. And on behalf of the owners, Ipco Ltd., Mr. lan Paul, of the property
municipally known as 4976 Clifton Hill. The report recommends that Council authorize
a cash-in-lieu of parking agreement with Burger King Restaurants, c/o Mr. George Hardy.
A by-law authorizing the agreement is being presented to Council at tonight's meeting.
ORDERED on the motion of AIdem~an Cummings, seconded by Alderman Michalczyk, that
the report be received and adopted. Carded Unanimousl.v.
See By-law No. 98-178
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
Minutes of July 23, 1998 be adopted as printed. Carded Unanimously.
COMMUNICATIONS
Communication No. 40 - The Arthritis Society - Re: Proclamation. The communication
requests that Council proclaim September as "Arthritis Month".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported subject to established policy. Carded Unanimous/v.
Communication No. 41 - Jordan Lundy, Kenny Dye, Mike Fasano, Stephen Bureau,
Chris Stranges and Mike Bureau - Re: Skateboarding. The communication requests that
Council consider the matter of building a rink for skateboarders in the City in order that
they do not have to use walkways or the City streets.
ORDERED on the motion of AIderrnan Cummings, seconded by Alderman Campbell, that
the matter be referred to the Recreation Department.. Car~ed Unanimousl. v.
Communication No. 42 - The Sabharwal Family, Scarborough, Ontario - Re:
Marine/and of Canada. The communication expresses concems with respect to the
treatment of animals at Marine/and.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
correspondence be received and §led for the Information of Council. Carried Unanimousl_v.
Communication No. 43 - Mr. Rudy Tychynski Sr. - Re: Casino location. The
communication expresses concems with respect to having the casino located in the Falls
View area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
correspondence be received and filed for the Information of Council and and further that
the correspondence be forwarded on to the Onta#o Casino Corporation. Carr/ed
Unanimously.
Communication No. 44 - Rotary Club of Niagara Falls Sunrise - Art by the Falls - Re:
Resolution. The communication requests that Council designate and recognize the Art by
the Falls Art and Craft show as a "Community Festival".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
request be supported. Carried Unanimousl_v.
Communication No. 45 - International Friendship Foundation - Re: Waiving of fees.
The communication requests that Council permafit the use of the Niagara Falls Arena during
the week of May 7 to 11, 1999 and that the fees be waived.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be approved and that the fees be waived. Can~ed Unanimously.
REPORTS
MW-98-111 - Chief Administrative Officer- Re: Expansion of the Urban Service Area
to include part of Gore Lots 3, 4 & 5 in the former Township of Stamford, now the
City of Niagara Falls, Mr. R. Aiello, 1785 St. Paul Avenue. The report recommends that
part of the holdings of Rick & Diane Aiello at 1785 St. Paul Avenue be added to the City
of Niagara Falls "Urban Service Area" and that the by-law altering the boundaries of the
urban service area be approved.
ORDERED on the motion of AIde,,an Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 98-166
MW-98.112 - Chief Administrative Officer- Re: Contract 98-08; Surface Treatment of
Roads. The report recommends that the unit prices submitted by the Iow tenderer,
Norjohn Limited, be accepted and that the by-law appearing on tonight's agenda be
passed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that the
report be received and adopted. Can~ed Unanimousl_v.
See By-law No. 98-167
MW-98-1f3- Chief Administrative Officer- Re: Contract 98-137-95' Lyon's Parkway
Construction; Local Improvement Works. The report recommends that the unit prices
submitted by the Iow tenderer, V. Gibbons Contracting Ltd., be accepted and the by-law
be passed subject to: a) the Local Improvement By-law, appearing on tonight's Council
Agenda, being approved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. Ca~ed Unanimously.
See By-law No. 98-168
-10-
MW.98-118 - Chief Administrative Officer. Re: L~Qcal Improvement Works on Lyon's
Parkway. The report recommends that the by-law appeanng on tonight's Council agenda
authorizing the construction of local improvement watermain, sanitary sewer, together with
laterals to each existing lot, construction of a road base, asphalt pavement, surface
drainage, street lighting improvements and all related appurtenances on Lyon's Parkway
from Lyon's Creek Road to approximately 580 meters south westerly of Lyon's Creek
Road, be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
See By-law NO. 98-169
R.98-43. Chair, Environmental Planning & Greenir?;I Committee - Actions stemming
from EP & G Meetings of July 16, 1998 and July 29, 1998. The report recommends that
Council endorse the actions of the July 16th ano July 29th, 1998 meetings of the
Environmental Planning and Greening Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimous/./_.
Ratification of Communi~_ Services Committee A;tions
ORDERED on the motion of Alderman Campbell, seco,3ded by Alderman Volpatti, that the
actions taken on the following matters by Commun~t/ Services Committee, earlier this
evening be approved:
1. Adoption of the July 13~h, 1998 Minutes of tl~e Community Services Committee
meeting; ~
2. MW-98-119 - Thorold Stone Road Sanitary ,Sewer - that staff report further on
installation of a conventional sewer system; a/;~:l that a meeting be set up between
the residents, staff, Council, Members and o~.~local M.P. and M .P. P. to discuss
funding for such a system - Alderman Campbell declared a conflict of interest;
3. L-98-46 - Fence Location at 5920 Vine Street. that infofir;ation be received on the
fence location at 5920 Vine Street;
4. L-98-34 - Request to amend Fence By-law, G;~ry Alexander, 5920 Vine Street - that
the request of Gary Alexander, 5920 Vine Str~,~,t for a variance of 3'6" of a front yard
fence encroaching on City property, be app/~ved;
5. R-98-44 - Soccer Magic Inc. Proposal and G~r/s Home for Soccer- approval of the
concept drawing for the Girls Home for So(~:er to include the Soccer Magic Inc.
indoor sports complex; and that staff be directed to seek approval for the
development from Regional Municipality o~ Niagara (Official Plan Amendment);
Niagara Escarpment Commission (Deveh,pment Permit Application);Niagara
Peninsula Conservation Authority, Ministry ¢~' the Environment, and the Ministry of
Natural Resources; and that if required app~ ~vals are granted for the development
and a legal agreement is entered into with S{ ~ ;cer Magic/nc, that the City will agree
to service the site with a Iow pressure sanita/ / sewer system at an approximate cost
of$110,000, for both a sanitary and a storn;, water sewer system; and that prior to
any development of outdoor soccer pitches t, ~at the Niagara Falls Girls Soccer Club
be required to submit for Council approval both a phasing in and financial plan for
their development; and that staff continue to investigate other potential city land for
Soccer Magic Inc. that will be less costly to service;
6. MW-98-114 - Spending Plan for $250, O00 - Road Maintenance & Beautification
Allocation - that the spending plan for the $250,000.00 road maintenance and
beautification a/location outlined in Report MW-98-114 be approved;
ll{ll Ill I I I1 ll[llll ---~
11 -
7. MW-98-115 - Award of Tender- Purchase of Multi-Purpose Tandem Truck - that the
tender for (1) 1998 Model 59,500 lb. GVRW Multi-Purpose Tandem Truck be
awarded to the Iow bidder, Sheehan's Truck Centre Inc. of Burlington with Viking
equipment supplied by Viking Cives Ltd. of Mount Forest, for a total price of
$179,168.85;
8. MW-98-117 - Infor,~ation of Lyons Parkway Open House - that information be
received and filed on the Public Information Session and Open House for Lyon's
Parkway which was held on Tuesday, August 11, 1998;
9. R-98-45 - Pepsi Cola Beverages Canada - Advertising Agreement - approval of a
five (5) year advertising agreement with Pepsi-Cola Beverages Canada;
10. FS-98-10 - Purchase of Heavy Rescue Vehicle - authorization of expenditure of
funds accrued through Development Charges to be used for the purchase of a new
heavy rescue vehicle from Darch Fire at a total cost of $187, 549. O0 plus tax;
11. Information Item~:
a) Public Infotrr~ation Session - that information be received on a public
information session to be held on August 25, 1998 from 3:00 p.m. to 5:30
p.m. on proposed construction on Zimmerman Avenue;
b) Letter dated July 31, 1998 to the MOEE - Re: Niagara River Hydroelectric
Development Project (Beck 3) - Draft Terms & Conditions of EA Approval -
that information be received on the July 31, 1998 letter to the MOEE
regarding the Beck 3 Project, Draft Terms & Conditions of EA Approval.
The motion Carded with Alderman Michalczyk abstaining from the vote on Report FS-98-10
on a conflict of interest and AIderman Campbell abstained from the vote on Report MW-98-
119 on a conflict of interest and with all others voting in favour.
See By-law NO. 98-179
Ratification of Corn_orate Service~ Committee Actions
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. Adoption of the July 13, 1998 Minutes of the Corporate Services Committee
meeting;
2. Memorandum re: Council Chamber Renovations - that the 12 unidirectional
microphones and two new sound mixers be ordered from Thorold Music at a cost
of $6,500.00 as part of the CRuncil Chamber renovations and that the Mayor and
two members of Council worl~vith staff to investigate the cost and suitability of new
chairs for the Council; c
3. HR-98-05 - Benefits Renewal 1998-1999 - that Sun Life Assurance Company of
Canada, provider of Life, Extended Health, Dental and Long Term Disability
Benefits, and UNUM Canada, provider of Accidental Death and Dismemberment
and Excess Private Duty Nursing for Fire Fighters, be retained as the City's Carders
for the period September 1, 1998 to August 31, 1999;
4. HR-98-06 - Computer Incentive Program - that the rebate option of $250 be
approved as an incentive for the Employee Computer Purchase Plan;
-12-
5. F-96-44 - Rebate to Low Income Se=.~rs Water/Sewer Flat Rate Accounts - that
the Low-Income Senior Water/Sewer ~Flat Rate Residential Rebate Program be
approved;
6. F-98-45 - Municipal Accounts - that the Municipal Accounts totalling $5,705,016. 55
for the period ending August 17, 1998 be approved;
7. F-98-46 - 1998 Tax Rates - that th,., 1998 Municipal Tax Rates be approved albeit
it reluctantly and in protest;
8. F-98-47- Tax Balances at July 31, ~998 - that the tax balances at July 31, 1998be
received for information;
9. F-98-48 - Financial Update - th~i the 1998 Financial Update be received for
information;
10. Request for financial assistance [4;: Canada World Youth - that a grant in the
amount of $100 be approved for City resident, Ambika Jain to assist with her
exchange program through Canad~ Wodd Youth;
11. Request for financial assistance f~"n Township of Norwich - that the request for
financial support from Norwich Township be received and filed;
12. Request for support for Ontario's Am~ual Waste Reduction Week - that the request
for financial support from the Recyc,~ing Council of Ontario be received and filed;
and that the matter be referred to The Regional Municipality of Niagara.
The motion Carded with Alderman Puttick ~[~ting contrary to the motion on Report F-98-46
1998 Tax Rates and with all others voting ~n favour.
See By-law No. 98-163
See By-law No. 98-104
See By-law NO. 98-180
CD-98-28 - Chief Administrative Officer., Re: Appointment to Property Standards
Committee. The report recommends that,(.;ouncil appoint one of the three persons who
have expressed an interest in the existing ~cancy.
ORDERED on the motion of Alderman Fish~=,r, seconded by Alderman Volpatti, that Mr.
Sam LaRosa be appointed to the Propert) Standards Committee for the remainder of
1998. Carded Unanimousl_v.
The appointment was made by ball¢,t, and following the appointment, the ballots
were destroyed.
See By-law No. 98-98-162
CD-98-29- Chief Administrative Officer- I~e: Appointment to Hydro Commission.
The report recommends that Council appoint ,'ake Hiebert to complete the vacant term on
the Niagara Falls Hydro Electric Commissior,.
- AND.
Communication No. 46 - Niagara Fat,~s Hydro Electric Commission. The
communication requests that City Council I;Iovide a replacement to the Niagara Falls
Hydro Electric Commission following the pas.~ing away of Commissioner Michael Aceti.
ORDERED on the motion of AIderman Craitor, seconded by Alden'nan Michalczyk, that Mr.
Jake Hiebert be appointed to the Niagara Falls Hydro Electric Commission. Carded
Unanimousl_v.
See By-law No. 98-161
13 -
CD-98-30 - Chief Administrative Officer - Re: Special Occasion Permit; United Way.
The report recommends that Council indicate it has no objection to the issuance of a
Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the report be received and adopted. Carried Unanimo{l~ly.
L.98-42 - Chief Administrative Officer - Re: Release of Agreement Balmoral Court
Subdivision; File No. 98STMl14.162. The report recommends that Council authorize
a Release of an Agreement to Valmac Holdings Limited, registered in 1983 as Instrument
No. L T 29025.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received and adopted. Carded Unanimousl. v.
L-98-45 - Chief Administrative Officer- Re: Indemnification of Council Members and
City Staff; File No. 98CNF000.192. The report recommends that the City of Niagara Falls
indemnify members of Council and city staff in respect of any civil, cdminal or
administrative action or proceeding brought by a third party for acts or omissions of
members of Council and members of city staff in the course of carrying out their duties; and
further that a by-law be passed to that effect in the form attached hereto.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the report be received and adopted. Carded Unanimousl_v.
L-98-48 - Chief Administrative Officer - Re: Sale of Part of Edgeworth Road to
Niagara Parks Commission; File No. 97W0~020.~83. The report recommends the
following:
1. That the offer made by the Niagara Parks Commission to pumhase part of
Edgeworth Road, for nominal consideration plus costs, be accepted;
2. That the conveyance of land from the Niagara Parks Commission for turning cimles
at the east and west end of Edgeworth Road, be accepted.
ORDERED on the motion of AIderman Michalczyk, seconded by Alde~-~an Craitor, that the
report be received and adopted. Carded Unanimousl_v.
L-98-5~ - Chief Administrative Officer- l{-e: dedication of Road Widening as part of
Church's Lane; Parts ~ and 2 on Reference Plan No. 59R-I0222; File No.
98W0~01~.070. The report recommends that a road widening, described as parts 1 and
2 on Reference Plan No. 59R-10222, be dedicated as a public highway to be known as
and to fotrr~ part of Church's Lane.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
the report be received and adopted. Carded Unanimousl_v.
L-98-52 - Chief Administrative Officer- Re: Control of Cats; File No. 95CNFO00.194.
The report recommends for the informatio~ and direction of Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that a
further report be brought back with respect to the options. Carded Unanimousl_v.
L-98-53 - Chief Administrative Officer- Re: Alien Encounter (A & T Roberto Limited);
Encroachment Agreement with the~ City; 5743 Victoria Avenue; File No.
98STIVH29.~09. The report recommends to permit the continuation of an encroachment
of a sign upon the Victoria Avenue road allowance.
ORDERED on the motion of Alderman Mic<halczyk, seconded by Aldefir~an Craitor, that the
report be received and adopted. Carded;Unanimo{~ly.
L-98-54 - Chief Administrative Officer- Re: Sign Permit Application; 5008 Centre
Street. The report recommends for the information of Council.
~'1~ III I I I1 IIHlff I
14 -
Mr. Tony Caprara was in attendance and ~quested that Council approve the sign
permit as it does not infringe on any City by-laws.~,
Following some discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alde~-r~an Craitor, that the report be received and filed for the information of
Council. The motion Carried with Aldermen Campbell, Cra#or, Cummings, Janvary,
Michalczyk, and Volpatti voting in favour of the motion and Aldermen Feren, Fisher, Orr,
Puttick and Wing voting contrary to the motion.
RA TIFICA TION OF COMMITTEE-OF- THE-WH(}LE ACTIONS
ORDERED on the motion of AIderman Cumming,,:, seconded by Alderman Fisher, that the
actions taken on the following matters by Commit~,e,e-of-the-Whole, ear/ier this evening be
approved:
1. That the invoice submitted by Klein Develop,'nents for damages at the entrance gate
at Duncrest Court Apartments be paid as ,~er the invoice;
2. That a draft by-law be prepared and brou£~ht back to a future Council meeting to
regulate the idling of buses;
3. That the City Quit Claims be paid to the C~,~adian Pacific Railway Company or its
subsidiary for certain parts of the Dixon Stfeet Road closure upon receiving a Quit
Claim deed for certain parts back to the C~t¥;
4. That the City Solicitor be authorized to continence a motion to strike out appeals
f'#ed by 10086860 Ontario Limited, with respe, ct to two (2) recent zoning By-laws No.
98-155 and 98-157 and to take all necessa~3/ steps in that regard.
The motion Carded with Mayor Thomson abstaining from the vote on a conflict of interest
and AIderman IiY~ng voting contrary to the motion On the matter deallng with the zoning by-
law appeals and with all others voting in favour.
RESOLUTIO~fS
NO. 37 - FISHER - MICHALCZYK . BE IT RESOI !!/ED that the Council of the Corporation
of t he City of Niagara Falls hereby recognizes tfi~; Rotary Club of Niagara Falls Sunrise
"Art by the Falls"Art and Craft Show being held ~ September 18, 19 and 20, 1998 and
designates the event as a "Community Festival" #, Niagara Falls.
AND the Seal of the Corporation be hereto affixe~~.
Carded Unanimousl. v.
NO. 38 - FEREN - MICHALCYK- RESOLVED th ~t the Council of the Corporation of the
City of Niagara Falls hereby supports a two-year ;)xtension to draft plan approval for the
.Chippawa West Phase II Plan of Subdivision and !he Regional Municipality of Niagara be
so informed; conditional on the applicant maintaiJ!,'ng the appropriate subdivision sign on
the property for public infof~r~ation purposes.
AND the Seal of the Corporation be hereto affixe ~!.
The motion Carded with Alderman Fisher abstain, t!g from the vote on a conflict of interest
and with all others voting in favour.
NO. 39 - FEREN - MICHALCZYK- RESOLVED ll~at the Council of the Corporation of the
City of Niagara Falls hereby supports a one-yea~ extension to draft plan approval for the
Ascot Woods Extension 6 Plan of Subdivision and,' the Regional Municipality of Niagara be
so informed; conditional on the applicant maintaining the appropriate subdivision sign on
the property for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously.
15 -
ORDERED on the motion of Alderman Cummings, seconded by Alder,;~an Volpatti, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-161 A by-law to appoint Jake Hiebert a member of the Niagara Falls Hydro
Electric Commission.
98-162 A by-law to appoint Sam LaRosa a member of the Property Standards
Committee of the City of Niagara Falls.
98-163 A by-law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 1998.
98-164 A by-law to provide for the appropriations for the year 1998.
98.165 A by-law to provide for the indemnification and defence of Members of
Council and City Employees of The Corporation of the City of Niagara Falls
against liability incu,~ed while acting on behalf of The Corporation of the City
of Niagara Falls.
98-186 A by-law to alter the boundaries of the Urban Services area of the City.
98-167 A by-law to authorize the execution of an Agreement with Norjohn Limited
respecting surface treatment for roads.
98-168 A by-law to authorize the execution of an Agreement with V. Gibbons
Contracting Ltd. respecting Lyon's Parkway Construction Local
Improvement Works for Lyon's Creek Road to approximately 580 metres
southwesterly. (Re: MW-98-113)
98-169 A by-law to authorize the undertaking of the construction of certain works as
a local improvement ur~der section 12 of the Local Improvement Act. (Re:
MW-98-118)
98-170 A by-law to authorize th~ acceptance of an offer made by the Niagara Parks
Commission to purchase part of Edgeworth Road, designated as Part 3 on
Reference Plan No. 591~-10262, for nominal consideration, plus costs.
98-171 A by-law to accept the conveyance of Parts 1 and 2 on Reference Plan No.
59R-10262 from The Niagara Parks Commission for municipal road
purposes.
98-172 A by-law to establish Pa~s 1 and 2 on Reference Plan No. 59R-10222 as a
public highway, to be kn~wn as and to form part of Church's Lane (Re: L-98-
51)
98-173 A by-law to authorize a,~elease of an Agreement with Valmac Holdings
Limited registered in 1983 as Instrument No. LT. 29025.
98-174 A by-law to authorize an Encroachment Agreementj dated July 6~hj 1998,
between A & T Roberto Limited and The Corporation of the City of Niagara
Falls for the purpose of permitting the encroachment of a sign unto Victoria
Avenue road allowance.
98-175 A by-law to authorize the execution of a Subdivision Agreement with Beaver
Valley Realty Ltd. respecting the Beaver Valley Subdivision.
16 -
'98-176 A by-law to amend By-law No. 79-200, as amended. (Re: AM-24/98, The
Sheraton Inn)
98-177 A by-law to authorize the execution of a Subdivision Agreement with
Kenmore Homes (1987) Inc. respecting the Mount Forest VI Subdivision.
98-178 A by-law to authorize the execution of an Agreement with Ipco Ltd. and
Royal Steter Ltd. respecting a Cash-in-Lieu of a Parking Agreement at 4976
Clifton Hill.
98-179 A by-law to authorize the execution of an Agreement with Pepsi-Cola
Beverages Canada respecting a licence to provide soft drinks and cold
beverages at the Niagara Falls arenas.
98-180 A by-law to authorize monies for General Purposes (August 17, 1998)
98-181 A by-law to amend By-law No. 79-200, as amended. (Re: AM-02/98, 5257
Ferry Street).
98-182 A by-law to authorize the execution of a proposed Subdivision Agreement
with Lakeshore Salon Ltd., respecting the Solomon Circle Subdivision.
98-183 A by-law to amend By-law No. 79-200, as amended. (AM-08/98, Albert
Calaguiro).
98.184 A by-law to authorize the execution of an amending agreement with Shirley
Fisher, Charity MacFariane, Dan Dilts, Carol Ede, Don Ede, Joan Manley,
Don Naisbitt, Bill Manley, Fay Andrews, Bowman Andrews, William Barfield,
Garth Hutcheon and Darlene Willick to expand the City's Paint-a-Post
Program to include additional sign posts and municipal guardrails.
The motion Carded with Aldermen Campbell, Craitor, Cummings, Michalczyk and Wing
abstaining from the vote on By-law No. 98-180 on conflicts of interest previously noted and
with all others voting in favour.
ORDERED on the motion of AIderman Cummings, seconded by AIde~an Fisher, that the
following by-laws be now read a second and third time:
98-161 A by-law to appoint Jake Hiebert a member of the Niagara Falls Hydro
Electric Commission.
98-162 A by-law to appoint Sam LaRosa a member of the Property Standards
Committee of the City of Niagara Falls.
98-163 A by-law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 1998.
98-164 A by-law to provide for the appropriations for the year 1998.
98-165 A by-law to provide for the indemnification and defence of Members of
Council and City Employees of The Corporation of the City of Niagara Falls
against liability incurred while acting on behalf of The Corporation of the City
of Niagara Falls.
98-166 A by-law to alter the boundaries of the Urban Services area of the City.
98-167 A by-law to authorize the execution of an Agreement with No/john Limited
respecting surface treatment for roads.
17 -
98-168 A by-law to authorize ,the execution of an Agreement with V. Gibbons
Contracting Ltd. Respecting Lyon's Parkway Construction Local
Improvement Works for Lyon's Creek Road to approximately 580 metres
southwesterly. (Re: MW-98-113)
98-169 A by-law to authorize the undertaking of the construction of certain works as
a local improvement under section 12 of the Local Improvement Act.(Re:
MW-98-118)
98-170 A by-law to authorize the acceptance of an offer made by the Niagara Parks
Commission to purchase part of Edgeworth Road, designated as Part 3 on
Reference Plan No. 59R-10262, for nominal consideration, plus costs.
98-171 A by-law to accept the conveyance of Parts 1 and 2 on Reference Plan No.
59R-10262 from The Niagara Parks Commission for municipal road
purposes.
98-172 A by-law to establish Parts 1 and 2 on Reference Plan No. 59R-10222 as a
public highway, to be known as and to form part of Church's Lane (Re: L-98-
51)
98-173 A by-law to authorize a Release of an Agreement with Valmac Holdings
Limited registered in 1983 as Instrument No. LT. 29025.
98-174 A by-law to authorize an Encroachment Agreement, dated July dh, 1998,
be~veen A & T Roberto Limited and The Corporation of the City of Niagara
Falls for the purpose of permitting the encroachment of a sign unto Victoria
Avenue road allowance.
98-175 A by-law to authorize the execution of a Subdivision Agreement with Beaver
Valley Realty Ltd. respecting the Beaver Valley Subdivision.
98-176 A by-law to amend By-law No. 79-200, as amended. (Re: AM-24/98, The
Sheraton Inn)
98-177 A by-law to authorize the execution of a Subdivision Agreement with
Kenmore Homes (1987) Inc. respecting the Mount Forest VI Subdivision.
98-178 A by-law to authorize the execution of an Agreement with Ipco Ltd. and
Royal Steter Ltd. respecting a Cash-in-Lieu of a Parking Agreement at 4976
Clifton Hill.
98-179 A by-law to authorize the execution of an Agreement with Pepsi-Cola
Beverages Canada respecting a licence to provide soft drinks and cold
beverages at the Niagara Falls arenas.
98-180 A by-law to authorize monies for General Purposes (August 17, 1998)
98-181 A by-law to amend By-law No. 79-200, as amended. (Re:' AM-02/98, 5257
Ferry Street).
98-182 A by-law to authorize the execution of a proposed Subdivision Agreement
with Lakeshore Salon Ltd., respecting the Solomon Circle Subdivision.
98-183 A by-law to amend By-law No. 79-200, as amended. (AM-08/98, Albert
Calaguiro).
18-
98-184 A by-law to authorize the execution of an amending agreement with Shirley
Fisher, Charity MacFarlane, Dan Dilts, Carol Ede, Don Ede, Joan Manley,
Don Naisbitt, Bill Manley, Fay Andrews, Bowman Andrews, William Barfield,
Garth Hutcheon and Darlene Wi/lick to expand the City's Paint-a-Post
Program to include additional sign posts and municipal guardrails.
The motion Carried with Aldermen Campbell, Craitor, Cummings, Michalczyk and Wing
abstaining from the vote on By-law No. 98-180 on conflicts of interest previously noted and
with all others voting in favour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
of condolence be forwarded to the family of the late Don Keppy. Carried Unanimously.
ORDERED on the motion of AIderman Puttick, seconded by Alderman Volpatti, that a letter
of condolence be forwarded to the family of the late Dennis Ames, companion and friend
of Roxanne Felice, Executive Director of Project SHARE. Carried Unanim(~usly.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Janvary, that
a letter of condolence be forwarded to the family of the late David M. Corfield, brother of
Fire Chief Peter Coffield. Carried Unanimously.
Comments from ZooChe¢k
ORDERED on the motion of Alderman Volpatti, seconded by AIderman Fisher, that a letter
of response be forwarded to Zoocheck regarding their comments that Council was not
concerned about the welfare of animals or the health and safety of the public. The motion
Carded with Alderman Wing voting contrary to the motion.
Recyclables at Landfill
Alderman Judy Orr requested that a report be prepared on what recyclables are
being disposed of at our landfill site.
Traffic Problems at Freeman & Dorchester
Alderman Klm Craitor expressed concerns with respect to the traffic problems at
Freeman and Dorchester and indicated that he and Mr. Karl Dren would be attending a
meeting at the Region on August 20, 1998 to address these concems.
19-
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
in future, any structures such as the transmission tower, should have full consent of
Council prior to being constructed. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the meeting be adjoumed. Car~ed Unanimously.
READ AND ADOPTED
MAYOR WAYNE THOMSON
TWENTY-FIRST MEETING
SPECIAL MEETING
Council Chambers
September 2, 1998
Council met on Monday, September 2, 1998 at 4:30 p.m. in a Special Meeting to deal with
the matter of the West Meadow IV Draft Plan of Subdivision. Aldeiman Selina Volpatti offered the
Opening Prayer.
Prior to dealing with matters respecting the West Meadow IV Draft Plan of Subdivision, the
Acting City Clerk referred to the recent vicious and brutal attack on His Worship Mayor Thomson,
and requested that Council appoint an Acting Head of Council for the present meeting
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that Alderman
Wayne Campbell be appointed Acting Head of Council for this Special Meeting of September 2,
1998. Carded Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Craltor, seconded
by Alderman Fisher, that best wishes for a speedy recovery be forwarded to His Worship Mayor
Thomson and his family. Carried Unanimously.
The Chief Administrative Officer advised that the Mayor was recovering from his injuries
and that he expected to remm as soon as he was able and that he thanked everyone for their support.
The Acting Head of Council advised that the purpose of the meeting was to consider the
question, "Should the City support the motion of River Realty to have the appeal, filed with respect
to the West Meadow IV Draft plan of Subdivision, struck out as being frivolous or vexatious and
made only for the purpose of delay?"
In his opening remarks, the Acting City Clerk referred to and reviewed the following:
Communication No. 47 received from Sam J. Premi, Sullivan Mahoney, requesting that the
municipality consider taking a position before the Board on September 4, 1998 to the motion to
dismiss; - AND - Communication No. 48 - Excerpt from the Council Minutes of June 8, 1998; -
AND - Communication No. 49 - Report PD-98-75 - Recommendation Report, West Meadow
Extension IV Draft Plan of Subdivision; Owner: River Realty Development (1976) Inc.,
requesting approval subject to certain conditions.
The Acting City Clerk advised that Council had adopted the recommendations set out in the
report at the June 8, 1998 Council meeting.
The Deputy Director of Planning and Development referred to the subject property with the
assistance of posted sketches; provided information on the proposed lot arrangements; the 15-foot
land exchange with the developer and the shifting of the subdivision design.
Mr. Victor Muratori, Solicitor, Sullivan-Mahoney, was in attendance on behalf of River
Realty, referred to the issue of buffering and the City's conditions of Draft Plan Approval; and was
of the opinion that the developer could either accept or reject Council's conditions of Draft Plan
Approval; referred to Communication No. 50 - Correspondence from Mrs. Jeanette M. French,
which attached a formal Appeal to the Ontario Municipal Board regarding a Notice of Decision on
the West Meadow Extension IV Draft Plan of Subdivision; reviewed the grounds for the Appeal;
advised that the developer had complied with Condition No. 7 of Communication No. 52 - City's
Conditions of Draft Plan Approval - with respect to the tree inventory and tree saving plan as
outlined in Communication No. 51 - Correspondence submitted by the Director of Parks,
Recreation & Culture; and indicated that the City should be in attendance at the Ontario Municipal
Board heating being held on September 4, 1998 and requested Council's support.
ll[ II II B I1~1~ I
Discussion ensued with respect to the concept of buffering; the Appellants' fight to a buffer;
and the changes to the intended use of the property as a school site.
The Deputy Director of Planning and Development responded that the School Board had
owned the property but their plans had changed and advised that the City had no control over the
decisions of the School Board.
Mrs. Jeanette French, 4410 Paddock Trail Drive, thanked members of Council for the
time and effort they had put forth with respect to entering into negotiations with River Realty in
trying to obtain part of a greenbelt for the residents of Paddock Trail Drive and Alpine Drive;
advised that what the residents were asking for at the Ontario Municipal Board was a change in the
conditions of subdivision to provide for a landscaping buffer between their homes and the proposed
subdivision; to allow covenants to be put in place to preserve some of the existing trees and to
provide for planting of new trees in that area; referred to the Secondary Plan of 1982 in which the
clear intention of this land was construction of schools and a possible community centre; the building
of wider streets to accommodate school buses and the installation of the sewer system to handle the
capacity of the proposed schools. Mrs. French advised that the residents had purchased their lots
based on the expectation that a school would be built behind their properties with the provision of
a buffer between private residences and the institution and requested that Council deny River Realty
and Mr. Branscombe's request to support the dismissal of their motion to the Ontario Municipal
Board and remain neutral on the issue.
In response to questions raised, the Acting City Clerk provided clarification with respect to
the issue of Council's neutrality and advised that Council had dealt with such matters on previous
occasions; and he further advised that at the June 8, 1998 Council meeting, there had been no
reference of any specific requests that formed the subject of the Appeal.
Mr. Rick Sage, 4420 Paddock Trail Drive, advised that through discussions with staff from
the Planning Department on three different occasions and Wedgewood Homes he had purchased
his lot based on the belief that a school would be situated behind his property and that the trees
would remain as a buffer between his property and the institution; and requested that Council remain
neutral on the matter.
There being no further discussion, it was ORDERED on the motion of Aldemxan Orr,
seconded by Alderman Craitor, that Council's decision was on file and that Council should go
forward as a neutral committee on the matter. Carried Unanimously.
ORDERED on the motion of Aldemxan Cummings, seconded by Alderman Michalczyk, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED
R. O. KALLIO, ACTING CITY CLERK ~, ACTING MAYOR
TWENTY-SECOND MEETING
PLANNING MEETING
Council Chambers
September 14, 1998
Council met on Monday, September 14, 1998 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council, with the exception
of Alderman Janvary and Alderman Puttick, who was on vacation, were in attendance.
Alderman Victor Pietrangelo offered the Opening Prayer and requested a moment of
silence for the speedy recovery of His Worship Mayor Wayne Thomson.
Prior to dealing with Planning matters, the City Clerk requested that Alderman
Patrick Cummings be appointed Acting Mayor for this meeting during the absence of His
Worship Mayor Thomson.
ORDERED on the motion of Aldeiman Volpatti, seconded by Alderman Craitor, that
Alderman Patrick Cummings be appointed Acting Mayor for the meeting of September 14,
1998 during the absence of His Worship Mayor Thomson. Carried Unanimousl_v.
The Chief Administrative Officer provided an update on the condition of His Worship
Mayor Thomson.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a pecuniary interest on Report PD-98-101;
MW-98-118 and MW-98-113 from the Council meeting of August 17, 1998 because his
father owns property within close proximity to the development in Chippawa; and indicated
a pecuniary interest from this evening's agenda, on Report PD-98-121, because he
resides in the area.
Alderman Campbell indicated a pecuniary interest on Report F-98-49, Cheque No.
M92356, because he is the recipient.
Aldermen Craitor and Michalczyk indicated pecuniary interests on Report CD-98-31
because they are involved with a non-profit group that deals with bingos.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-49,
Cheque Nos. M92368; 239668;239335; 239640; 239582; M92375 because members of
their families are employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report on Report F-98-49,
Cheque Nos. 239360; 239687; 239608 and 239705 because Acres is involved.
Alderman tVlichalczyk indicated a pecuniary interest on Report F-98-49, Cheque No.
M92367 because he is the recipient; and Cheque No. 239352 because he is a member of
an organization that deals with bingos.
Aldeiman Orr indicated a pecuniary interest on By-law No. 98-201 because a
member of her family plays on the team.
Ill I I Ii1 IIlllll I I
Acting Mayor Alderman Patrick Cummings declared the Public Meeting open and
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on August 28, 1998.
Acting Mayor Alderman Cummings received indication that Mr. John Mesteck,
was in attendance on behalf of the applicant, and received a negative response to his
request for a show of hands by persons present who were interested in the application.
Acting Mayor Alderman Cummings advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
Acting Mayor AIderman Cummings advised that the purpose of the public meeting
was to receive information and to provide an opportunity for the public to comment on the
proposed subdivision. He further advised that no decision would be made at tonight's
Council meeting and that the Planning Department would consider all comments received
and prepare a recommendation report at a future meeting
Mr. John Mesteck provided an overview of the application which proposed to
subdivide a 64-acre site, located west of Kalar Road and north of McLeod Road, into 310
single family lots; stated the properly was designated Residential and the site was zoned
Development Holding; he advised that the applicant was requesting a zoning change to
R1E (Residential Single Family) to permit the proposal. He informed that meetings had
been held with staff, the Consultant and applicant and that all parties were in support of
the application; he also indicated that the storm water runoff would be handled through the
use of storm water management facilities.
Mr. Harry Zahoruk, Solicitor, 3077 New Street, Burlington, was in attendance on
behalf of Americana Holdings, owners of the property north of the Hydro corridor, and
raised questions with respect to sewer access and services access to their property.
The Deputy Director of Planning and Development advised that the sewer outlet
to service the Gamer north area was at Kalar and McLeod Road and in order to
accommodate this area the sewer would have to travel northward; he referred to the
subdivision plan indicating an arterial road extending in a northerly direction and intended
to be a collector road; he further advised that the storm water was to be accommodated
into a storm channel with storage ponds, in order to regulate the flow into Warren Creek
with a northerly extension.
Mr. Zahoruk inquired whether the sewer facility on Kalar Road would be able to
service the land to the north.
The Director of Municipal Works advised that the City would be able to connect the
future trunk sewers, through appropriate design patterns and through the City's
development charges process, there would be access and capacity in those systems.
Mr. Stewart Cowan, Project Manager for the Warren Woods Proposal, requested
that he be notified of all matters dealing with the present application; referred to the Warren
Creek Watershed Master Plan and advised that his property was the storm water outlet
for the entire Secondary Plan area and that the outlet for stofi~) water facilities would lead
through their property; referred to the Region's concems regarding insufficient capacity
forthe McLeod Road Pumping station; and stated that he would like an opportunity to have
discussions with staff, the Consultant, the proponent and the Region to ensure that a
comprehensive approach was taken for municipal services and planning issues for this
application.
Mr. Brian Sinclair, on behalf of Country Village Heights, advised as being in favour
of the application and indicated the proposal was a real asset to the City of Niagara Falls.
Since no further comments were forthcoming, Acting Mayor AIderman Cummings
declared the Public Meeting with regard to Garner Estates Draft Plan of Subdivision
(AM-28/98) closed.
ORDERED on the motion of Alderman Craitor, seconded by AIderrnan Michalczyk , that
the report be received and adopted. Carried Unanimousl_v.
PD-98-f08 . Chief Administrative Office; - Re: Zoning By-law Amendment
Application; AM-32/97, Amending By-law No. 98-f57; Addition to the Days Inn Hotel;
87689f Ontario Limited (DiCosimo). The report recommends that Council reaffirm its
approval of By-law No. 98-157, so that staff can notify the Ontario Municipal Board of
Council's position with respect to the by-law.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Wing voting contrary
to the motion and with all others voting in favour.
See Resolution No. 42
PD-98-I09 - Chief Administrative Officer - Re: Zoning by-law Amendment
Application; AM-21/98, Amending By-law No. 98-155, Addition to the Skyline
Foxhead Hotel; Canadian Niagara Hotels Inc, (DiCienzo). The report recommends that
Council reaffirm its approval of By-law No. 98~.155, so that staff can notify the Ontario
Municipal Board of Council's position with resFect to the by-law.
ORDERED on the motion of alderman Orr, seconded by Alderman Feren, that the report
be received and adopted. The motion Carried with Aldermen Volpatti and Wing voting
contrary to the motion and with all others voting in favour.
See Resolution No. 41
PD-98- f f I - Chief Administrative Officer- Re: Municipal Property at Southeast comer
of Ferguson Street and Dyson Avenue (former Provincial Crane Offices). The report
recommends the following:
1. That a Phase 3 Environmental Site Asse,~;~ment (E.S.A.) be conducted on the lands;
2. That Conor Pacific undertake the Phase 3, E.S.A. , inclusive of a remedial plan, for
the price of $2,700 plus G.S. T.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unan!mously.
PD-98-114 - Chief Administrative Officer- Re; Matters arising from Local
Architectural Conservation Advisory Committee (LACAC) meeting; August 26, 1998.
The report recommends that City Council end:)rse the actions arising from the LACAC
meeting as outlined in this report.
ORDERED on the motion of Alderman Wing,' seconded by Aide,nan Craitor, that the
report be received and adopted. Carried UnariJmously.
PD-98-116. Chief Administrative Officer. Re: Official Plan Amendment No. 23; 7500
Lundy's Lane; Canada One Factory Outlet Mall (AM-17/98). The report recommends
that Council adopt the revised Official plan policy affecting the existing woodlot located on
the southwest comer of the Canada One Factory Outlet Mall and forward it to the Regional
Municipality of Niagara for approval.
The Deputy Director of Planning and Development responded to concerns
expressed with respect to berming and advised there would be a berm with a wood on
wood fence on top of the berm between the mall and the residential properties; and details
on the type of amenities to be put into the woodlot could not be provided.
~III I I I II liUIII I
Following further discussion, it ~,as ORDERED on the motion of Alderman Wing,
seconded by Alderman Orr, that the report be deferred. The motion Carded with Alde~an
Feren abstaining from the vote on a conflict of interest because he resides in the area.
See By-law No. 98-204
PD-98-ff7 - Chief Administrative Officer - Re; Application for Amendment to
Certificate of Approval; Waste Disposal Site (Transfer); Regional Municipality of
Niagara. The report recommends the following:
1. That Council support the application to amend the Certificate of Approval for a
Waste Disposal Site (Transfer) for the construction of 5 enclosed storage tanks;
2. That a copy of this report be forwarded to the Ministry of Environment and the
Region.
ORDERED on the motion of AIde;y~an Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Carded Unanimously.
PD-98-f f8 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-27/98; 6733 Oakes Drive; Proposed Fallsview Hotel. The report recommends that
Council approve the site plan for a proposed 5-storey hotel for 6733 Oakes Drive,
conditional upon the streetscaping works being deferred until staff have completed the
streetscape guidelines for the Fallsview district.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Campbell, that
the report be received and adopted and conditional on the submission of site servicing
drawings to the satisfaction of the Director of Municipal Works. Carded Unanimously.
PD-98-119 - Chief Administrative Officer. Re: Recommendation Report Fleming
Estates Draft Plan of Subdivision; File: 26T-I~.9802 (Revised); Owner: River Realty
Development (1976) Inc. The report recommends the following:
1. That the Fleming Estates Draft Plan of Subdivision be approved subject to the
conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and subject to review, granted by
Council.
- AND -
Communication No. 54 - Mr. Luc and Mary Ellen Veilleux, 4535 Baldwin Avenue. The
communication expresses concerns with respect to the potential visual impact of the
dwellings constructed with minimum building setbacks along the bend of the street.
Mr. Luc Veilleux expressed concerns with respect to the potential visual impact of
the dwellings to be constructed and advised he did not wish to be looking at a brick wall
for the next 20-30 years and he requested Council's consideration of his position on the
matter.
Mr. John Mesteck, River Realty referred to the two proposed lots fronting onto
Baldwin Avenue and advised that a lO-foot storm sewer easement was proposed on the
lot next to Mr. Veilleux's and provided a minimum 14-foot separation. In response to
questions raised, Mr. Mesteck assured Council that River Realty would be willing to
provide a clause that a front yard setback, which is consistent with 4553 Baldwin Avenue,
could be stipulated in an agreement of pumhase of sale of both lots fronting onto Baldwin
Avenue.
Following the discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Feren, that the report be received and adopted. The motion
Carried with Alderman Craitor, Fisher, Volpatti and Wing voting contrary to the motion and
with all others voting in favour.
ORDERED on the motion of Alderman Campbell, seconded by Aldern-~an Feren, that the
correspondence be received and filed. Carried Unanimousl.v.
PD-98-f2f - Chief Administrative Officer. Re: Application for site Plan Approval
SPC-26/97, East Side of Montrose Road, north of Thorold Stone Road; Proposed
Expansion to Mount Carmel Centre. The ,'eport recommends that Council approve the
site plan for the Phase 3 expansion to the ~ount Carmel Centre shopping plaza, located
on the east side of Montrose Road, north o/ Thorold Stone Road.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanim,~usly.
REGULAR COUNCIL MEETING
ADOPTION ~;)F MINUTES
Alderman Wing requested that the ftfinutes of August 17, 1998 be amended to
reflect her opposition to the Ratification of tha Committee-of-the Whole matter dealing with
the zoning by-law appeals.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
Minutes of August 17, 1998 Planning Meeting be adopted as amended and that the
Minutes of the Special Meeting of September 2, 1998 be adopted as printed. Carried
Unanimop~ly.
DEPUTATIONS
The Hub" Social Center
Ms. Ruth Bedell addressed Council ~n "The Hub" Social Center and extended an
invitation to members of Council to "The Hub lets get acquainted Social" on September
26, 1998, at 2:00 p.m., Spring Street at Gladstone Avenue.
Annual Ter~_ Fox Run
Ms. Carolynn Ioannoni, Run Organizer addressed Council regarding the 1~h Annual
Terry Fox Run to be held on Sunday, September 20, 1998 and invited the community and
members of Council to participate.
During the discussion, Alderman Campbell referred to the Terry Fox City
Employees Dream Team which included Kathie Jamieson; Cathy Edkins; Sue Thomas-
Clapp; Alex Herlovitch and himself and requested Council's support of the "Dream Team".
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alden'nan Michalczyk, that Council permit the use of Oakes Park to hold the
event and to permafit to hang a banner on Stanley Avenue announcing the Terry Fox Run
from September 9 - 21, 1998. Carried Unanimously.
IIIII I II II I1~11~1 I
- 7 -
The Re~_ional Munic~oali~_ of Niau_ara. Land Division Committee
Ms. Nancy Winslow, The Regional Municipality of Niagara, Land Division
Committee, introduced Chairman, Mr. David Barrett to members of Council and provided
a Power Point demonstration on the Regiona/Approval Authority for/_and Division;
reviewed the following: The Composition and Role of the Land Division Committee; the
Planning Act - Section 69 - Tariff of Fees - dealing with the Fee Structure; Servicing the
User;, Role of Administration; Historical Information; Implications of Downloading to local
municipalities; Focus: Benefits to User; and L.D.C. User Satisfaction.
The Deputy Director of Planning and Development commented that Council was
on record as having requested that consent powers be delegated at a local level and that
it was staff's position that these matters be handled at a local level.
Acting Mayor Alderman Cummings stated that the matter had been discussed in a
committee meeting prior to Council and that it was Council's decision to remain with their
original recommendation that the Region turn this responsibility over to the municipalities
and thanked Ms. Wins/ow for her presentation.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the information be received and filed. Carried Unanimousl. v.
Licence Applications for Bod_v. Rub P~dQ~lr
Mr. Paul Moberly did not address Council on the matter.
PD-98-ff5 - Chief Administrative Officer- Re: Body-Rub Parlours. The report
recommends that, unless demonstrated otherwise by the applicants, the refusals stand.
- AND -
Communication No. 55 - Ms. Caroline Fraser. The communication rescinds her
request to have her Iicence application reconsidered.
The City Clerk advised that due to new evidence provided by Mr. Mober/y's Solicitor,
Mr. Andrew Brown, indicating his intention to tear down the existing building and erect a
new building on the property, which would at no point be any closer than 100 metres to any
part of the Church property, and that in view of additional information from the Planning
Department, that parking can be provided through a cash-in-lieu arrangement, that the
Clerk was prepared to rescind his Notice of Refusal, issued on August 4, 1998 and that
Mr. Moberly's application would be entered into the lottery for the selection of licensees.
In response to questions raised, the City Clerk provided information as to the
method of selecting the licensees.
During the discussion, the City Solicitor advised that due to the evidence provided
that Report PD-98-115 be withdrawn.
The City Solicitor advised that once the successful applicants were given the
opportunity to be issued a Iicence, immediate steps would be taken to shut down the illegal
body rub par/ours in the City. He further advised that none of the Illegal body rub par/ours
that were operating in the City had applied for a licence.
COMMUNICATIONS
Communication No. 56 - City of Niagara Falls, Board of Museums - Re: Board of
Museums. The communication requests that Council consider a replacement member for
Ms. Margaret Mingle and also to consider Mr. ,Jesse Pudwell as a replacement member
for resigning Board member Ms. Carol Stewart-Kirkby.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that ,John
Harkness and,Jesse Pudwell be appointed as replacement members to the Niagara [:ails
Board of Museums. Carried Unanimp(~$1y.
Communication No. 57 - A Peal for Peace - The United Nations International Day of
Peace - Re: Proclamation. The communication requests that Council proclaim September
15, `/998 as "International Peace Day" and that a minute of silence be observed at '/2 noon
on September 15, 1998.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
request be approved subject to established policy. Car~ed Unanimously.
Communication No. 58a) - The Royal Canadian Legion, Niagara Falls, No. 51 Branch
- Re: Proclamation. The communication requests that Council proclaim the week of
September 20~h to September 26th, 1998 as "Legion Week".
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Feren, that the
request be approved subject to established policy. Carried Unanimously.
Communication 58b) - The Royal Canadian Legion, Niagara Falls, No. 51 Branch - Re:
Unknown Soldier Parade. The communication requests permission to use the venue of
Fairview Cemetery to hold their annual Parade to the Unknown Soldier on September 20,
1998 at `/0:30 a.m.
ORDERED on the motion of AIderman Pietrangelo, seconded by AIde~rr~an Feren, that the
request be approved subject to established policy. Carrfed Unanimously.
Communication No. 58c). The Royal Canadian Legion, Niagara Falls, Branches 51,
396 and 479 - Re: Flag Raising. The communication requests that permission be granted
to hold a Legion Flag Raising Ceremony on Monday, September 21, 1998 at 9:00 a.m. in
front of City Hall.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alde~an Feren, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 59 - National Prisoners of War Association (E. T.) Of Canada - Re:
Use of the Cenotaph on Cliffton Hill. The communication requests permission to use the
Cenotaph on Cliffton Hill to hold a service at the Cenotaph on September 26, 1998 at
11:00 a.m.
ORDERED on the motion of Alderman Fisher, seconded by Aldefir~an Michalczyk , that the
request be approved subject to established policy. Carried Unanimousl_v.
Communication No. 60- Mr. Rick Bartolucci, M.P.P. - Re: Transportation of Dangerous
Cargo and Public Safety. The communication requests support of a Call for a Public
Enquiry regarding transportation of dangerous cargo and public safety.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, t hat the
request be supported. Carried Unanimously.
~III 1 I Iff I1~1111 I
REPORTS
MW-98-f26. Chairperson, Municipal Parking & Traffic Committee. Re: Municipal
Parking & Traffic Comml~ee; Recommendations - August 18, 1998 Meeting. The
report recommends the following:
MW-98-104 - Cardinal Drfve at Grossi Court/Northwood Ddve Intersection Control
Review - that 1) a stop sign be installed on the west approach of Grossi Court at
Cardinal D#ve; that 2) the existing yield sign on the east approach of Northwood
Drfve at Cardinal Ddve be replaced with a stop sign;
MW-98-105 - Pettit Avenue at Sheldon Street - All Way Stop Request - that 1) an
all-way stop be installed at the intersection of Pettit Avenue at Sheldon Street; that
2) a stop sign be installed on a) the east approach of Sheldon Street at Pettit
Avenue; and b) the west approach of Freeman Street at Petit Avenue; 3) that a yield
sign be installed on: a) the east approach of Glenayr Avenue at Pettit Avenue; b)
the west approach of Paris Crescent at Pettit Avenue; c) the north approach of
Crevvford street at Pettit Avenue; 4) that the Parking and Traffic By-Caw 89-2000 be
amended to reflect the existing heavy vehicle restrfction on Pettit Avenue; 5) that
playground signs be installed on Pettit Avenue in advance of Glengate park in either
direction; 6) that a request be fort/yarded to the Niagara Regional police stdctly
enforce the speed limit on Pettit Avenue;
MW-98-107 - Riall Street at Mercury Avenue - All- Way Stop Request - that 1) an
all-way stop be installed at the intersection of Riall Street at Mercury Avenue; and
2) that the Niagara Regional Police provide frequent enforcement of the 50km/h
speed limit on Riall Street.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimously.
MW-98-127 - Chief Administrative Officer- Re: Contract 98-171-98 - Zimmerman
Avenue Road Reconstruction. The report recommends that the unit p#ces submitted by
the Iow tenderer, V. Gibbons Contracting ltd., be accepted and the By-law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the report be received and adopted. Carded Unanimously.
See By-law No. 98-188
MW-98-128- Chief Administrative Officer- Re; Contract 98-169-98, New Sidewalk
Construction. The report recommends that the unit p#ces submitted by the low tenderer,
Alfidome Construction Ltd. Be accepted and the by-law be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-189
MW-98-129 - Chief Administrative Ofr;cer- Re: Tender #11-98 Loader/Backhoe. The
report recommends that the tender for one (1) 4-WD Rubber Tire Loader/Backhoe be
awarded to the Iow bidder, Dan Greer Enterprises of Stoney Creek for a total pdce of
$94,911.80.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimo(~ly.
Alder~)an Janice Wing vacated Council Chambers.
10-
Ratification of Communi~_ Services Actions
ORDERED on the motion of AIdefir~an Pietrangelo, seconded by Alderman Volpatti, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of August 17, 1998 Community Services Committee Meeting Minutes;
2. R-98-47 - Celebration of the Arts Concert -Approval of the expenditure of $4,000 for
the celebration of the Arts Concert in the form of an interest frae loan;
3. R-98-50 - Financial Assistance to attend Soccer Tournament- - that $2,000 be
granted to the under 12 Adams Golf Girls Soccer Team to attend a Soccer
Tournament in Washington, D. C., and that the team be given a City flag and pins
for their trip;
4. R-98-46 - RusselI-Masterson Amateur Athletic Club Jr. 'B' Hockey Renewal
Agreement - that an agreement with the RusselI-Masterson Amateur Athletic Club
for Junior "B" Hockey be authorized; - Alderman Orr conflict of interest;
5. R-98-51 - Phase I of Tender #12-98 for the Application of Singly Ply PVC
Membrane - Stamford Arena Roof - the Award of Phase 1 of Tender #12-98 to
Nedlaw Roofing Limited for the sum of $69,660.00 for the Application of Single-Ply
PVC Roofing Membrane, Stamford Arena Roof;
6. FS-98-11 - Centralized Communications System - Approval in principle, of support
and continued participation in the investigation of developing a centralized
communications system; and that the Finance Department be involved with final
cost determinations; and that the system be owned and operated equally by the
original partners rather than by any one service or municipality; and that a final
report be presented to Council prior to the City agreeing to become a partner in this
project;
7. CA0-98-03 - Ad-Hoc Committee Review of Municipal Services - that Council
support the staff recommendations contained within the report on Ad-Hoc
Committee Review of Municipal Services;
8. MW-98-130 - Public Information Session & Open House for Zimmerman Avenue -
that information on the Public Information Session & Open House for Zimmerman
Avenue be received and filed;
9. MW-98-131 - Beck 3 Project - Environmental Assessment Approval Process - that
the MOE be advised that the City has no objection to the environmental assessment
approval for the Beck 3 Project being processed under the Environmental
Assessment Act as amended by Bill 76;
10. Information Items:
That information be received on Intersection Pedestrian signals.
The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest on
the RusselI-Masterson Amateur Athletic Club Jr. "B" Hockey Renewal Agreement because
a member of her family plays for the hockey team and with all others voting in favour.
See By-law No. 98-200
See By-law No. 98-201
~111 ] II II li[llll I
11 -
F-98-49 - Chief Administrative Officer. Re: Municipal Accounts. The report
recommends that the Corporate Services Committee recommend approval by Council of
the accounts totalling $2,853,750.30 for the perfod ending September 14, 1998.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor,
Cummings and Michalczyk abstaining from the vote on conflicts previously noted and with
all others voting in favour.
See By-law No. 98-205
Alderman Janice Wing returned to Council Chambers.
CD-98-31. Chief Administrative Officer- Re: Proposal to open new bingo Hall. City
of Thorold. The report recommends the following:
1. That the City of Niagara Falls, in accordance with the Ministry Criteria and
Procedures for Bingo Halls, request the Ministry require the provision of a market
study to determine impact on the charitable organizations in the City of Niagara
Falls be p/for to the opening of a new bingo hall in Thorold;
2. That copies of the attached report be forwarded to the City of Thorold and the
Alcohol and Gaming Commission of Ontario.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Aldermen Craitor and
Michalczyk abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
CD-98-32 - Chief Administrative Officer- Re: Special Occasion Permit. Chippawa
Villagers Oldtimers. The report recommends that Council indicate it has no objection to
the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of AIderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimo(~$fy.
CD-98-33 . Chief Administrative Officer- Re: Amendment regarding Minimum
Distance Requirement of Refreshment Vehicles. The report recommends that Council
pass the By-law appearing on this evening's agenda to amend Schedule 22 to By-law 76-
102 as it relates to the licencing of refreshment vehicles.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimousl. v.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Fisher, to direct staff to review the guidelines for approval of Chip
Wagons. Carded Unanimousl. v.
See By-law NO. 98-187
L-98-55 - Chief Administrative Officer- Re: Declaring Surplus part of Graham Street
and Giving Notice to the Public. The report recommends the following:
1. That the portion of Graham Street, closed by Judge's Order and described as parts
1,2,3, 4, 5, 7 and 11 on Reference Plan No. 59R- 10309, be declared surplus;
2. That notice be given to the public that the said property has been declared surplus
to the City's needs and will be offered for sale at the appraised value, first, to the
abutting owners and then to the general public as a potential building lot;
III I II I~ II~IIII I ~
12 -
3. That an easement be granted to Bell Canada over part 11 on Reference P/an No.
59R-10309 for an existing utility cabinet;
4. That Part 1 on Reference Plan No. 59R-10309 be conveyed to the Regional
Municipality of Niagara, for nominal consideration, for road widening purposes.
ORDERED on the motion of AIde~rr~an Fisher, seconded by Aldef~an Pietrengelo, that the
report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-197
See By-law No. 9~-198
See By-law NO. 98-199
L-98-56 - Chief Administrative Officer- Re: Dedication of Road Widening as part of
Mewburn Road; part f on Reference Plan No. 59-9552. The report recommends that
a road widening, described as part 1 on Reference Plan No. 59R-9552, be dedicated as
a public highway to be known as and to form part of Mewbum Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde~r~an Fisher, that the
report be received and adopted. Carded Unanimous/v.
See By-law No. 98-190
L-98-57 - Chief Administrative Officer- Re: Release of Site Plan Agreements;
Mewburn Road and Mountain Road (former Lands of Jimmy Swaggart Ministries).
The report recommends that Council release 1251589 Ontario Limited from two 1987 Site
Plan Agreements registered on title to the property formerly owned by Jimmy Swaggart
Ministries of Canada, and that the Mayor and Clerk be authorized to execute any
documents necessary for the purpose of releasing the par~ies and terminating the said
agreements.
ORDERED on the motion of AIdef~,an Michalczyk, seconded by Alderman Campbell, that
the report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-194
L-98-58 - Chief Administrative Officer- Re: Release of Site Plan Agreement; South
side of Lundy's Lane, East of Montrose Road (former lands of Whitewater Holdings
(Niagara Falls) Ltd. The report recommends that Counc~! release JLA Factory Outlet
Holdings Limited from a 1986 Site Plan Agreement registered on title to the property
formerly owned by Whitewater Holdings (Niagara Falls) Ltd., and that the Mayor and Clerk
be authorized to execute any documents necessary for the purpose of releasing the parties
and terminating the said agreement.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the report be received and adopted. Carded Unanimously. ~
See By-law No. 98-195
L-98-60 - Chief Administrative Officer- Re: Closing and Declaring Surplus Part of
Laneway on Plan No. 996 Running South from Ferguson Street. The report
recommends the following:
1. That the portion of the laneway on Plan No. 996, described as parts 1 and 2 on
Reference Plan No. 59R-10354, be stopped up and closed;
2. That the said portion of the laneway, so closed, be declared and surplus and notice
be given to the public that the property has been declared surplus to the City's
needs and that there is a proposed sale to the abutting owners;
I~III ] II II I1~1111 I
13 -
3. That Transfers of Easements, for any required easements, be made p~or to the sale
of the subject lands.
- AND -
Communication No. 61 - James William Comnack, 4247 Elgin Street. The
communication expresses concerns with respect to accessibility problems if the laneway
is closed.
- AND -
Communication No. 62 - Mr. & Mrs. W. Hawkins, 4053 Glenview Avenue. The
communication requests that the application be denied to stop up and close the laneway.
- AND -
Communication No. 63 - Mr. & Mrs. W. Cahil, 4304 Ferguson. The communication
expresses opposition to the laneway closing.
- AND -
Communication No. 64 - Peter W. Hawkins, 4261 Elgin Street. The communication
expresses strong opposition to the proposed laneway closure.
- AND - ~
Communication No. 65 - Rick Avellano, 4255 Elgin Street. The communication advises
as being opposed to the laneway closure.
- AND -
Communication No. 66 - Richard Campbell, 4237 Elgin Street. The communication
comments and expresses opposition on the proposed laneway closure.
Discussion ensued with respect to the concems of the residents in the area
regarding the issue of parking and accessibility problems if the laneway was closed and
it was noted that the laneway remain open to residents in the area.
The City Solicitor provided clarification with respect to the public notification process.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Orr,. that the report be received and filed. Carried Unanimously,
Following further discussion, on the motion of Alderman Wing, seconded by
Alderman Orr, that in future, notification be given by mail to all area residents with respect
to the passage of a by-law for the stopping up and closure of laneways.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the
correspondence be received and filed. Car~ed Unanimously.
L-98-61 - Chief Administrative Officer. Re: Closing and Licencing of part of Marshall
Road to Microcell Connexions Inc., part I on Reference Plan No. 59R-10360. The
report recommends the following:
1. That the portion of Marshall Road, descrYbed as part I on Reference Plan No. 59R-
10360, be stopped up and closed;
2. That the said portion of Marshall Road, so closed, be licenced to Microcell
Connexions Inc. for the purpose of constructing, operating and maintaining a
telecommunications tower.
ORDERED on the motion of AIde~an Pietrangelo, seconded by Alde~)an Feren, that the
report be received and adopted. Car~ed Unanimously.
illl I II II I1~1111 I
14-
L-98-62 - Chief Administrative Officer. Re: Sign Permit Application; Flexo Cleaning
Products. The report recommends that Council approve the application for a ground sign
having a height of twenty-nine feet, four inches (29' 4"), for Flexo Cleaning products at
4721 Kent Avenue at the Queen Elizabeth Highway ("Q.E. W').
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldem-~an Michalczyk,
that the report be received and adopted. Carried Unanimousl_v.
L-98-63 - Chief Administrative Officer- Re: Authorization to proceed with the closing
of part of a laneway to the rear of Chalet Motor Inn. The report recommends that
Council authorize staff to proceed with the closing of part of a laneway lying to the rear of
Chalet Motor Inn.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
L-98-64 - Licencing Agreement with Microcell Connexions Inc. to house Niagara Falls
Fire Department Base Radio in Microcell's Outdoor Shelter located at the corner of
Lundy's Lane and Drummond Road. The report recommends that Council authorize a
Licence Agreement with Microcell Connexions Inc. to house Niagara Falls Fire Department
Base Radio in Microcell's Outdoor Shelter.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimousl_v.
See B.v-law No. 98-203
RESOLUTIONS
NO.40 - VOLPATTI - CRAITOR - RESOLVED that Alderman Patrick Cummings be
appointed Acting Mayor for the meeting of September 14, 1998 during the absence of His
Worship Mayor Wayne Thomson.
And the Seal of the Corporation be hereto affixed.
Carried Unanimousl_v.
NO. 41 - PIETRANGELO - ORR - that Council reaffirms its support of By-law 98-155
notwithstanding the objection received from Mr. Allen S. Blott, Q.C. on behalf of 1086868
Ontario Limited.
And the Seal of the Corporation be hereto affixed.
The motion Carried with Aldermen Volpatti and Wing voting contrary to the motion and with
all others voting in favour.
NO. 42. CRAITOR - PIETRANGELO - that Council reaftTrms its support of By-law 98-157
notwithstanding the objection received from Mr. Allen S. Blott, Q.C. on behalf of 1086868
Ontario Limited.
And the Seal of the Corporation be hereto affixed.
The motion Carried with Alde,,en Volpatti and Wing voting contrary to the motion and with
all others voting in favour.
BY-LAWS
The City Clerk referred to By-law No. 98-204 which was to be amended to remove
or delete any references to the amenity area referred to in consideration of the O~cial Plan
Amendment #23.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-~85 A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/98, 7156
Drummond Rd.)
I~111 I I I II I[[1111 I
15 -
98-186 A by-law to amend By-law No. 79-200, as amended (Re: AM-25/98, 4030
Montrose Rd.)
98-187 A by-law to amend Schedule 22 of By-law 76-102, as amended, being a
Schedule respecting the issuance of licences for refreshment vehicles. (Re:
CD-98-33)
98-188 A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. Respecting Zimmerman Avenue Road Reconstruction.
98-189 A by-law to authorize the execution of an agreement with Alfidome
Construction Limited respecting the new sidewalk construction.
98-190 A by-law to establish part 1 on Reference Plan No. 59R-9552 as a Public
Highway, to be known as and to form part of Mewburn Road.
98-191 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Yield Signs, Heavy Vehicles, Through
Highways)
98-192 A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (1976) Inc. respecting the West Meadow Extension IV
Subdivision.
98-193 A by-law to authorize a Transfer of Easement in favour of Bell Canada over
part of a laneway on registered Plan No. 996 designated as part I on
Reference Plan No. 59R-10354. (Re: Report L-98-60)
98-194 A by-law to authorize a Release of Site Plan Agreements with Jimmy
Swaggart Ministries of Canada registered in 1987 as Instrument Nos.
507512 and 509750.
98-195' A by-law to authorize a Release of a Site Plan Agreement with Whitewater
Holdings (Niagara Falls) Ltd. Registered in 1986 as Instrument No. 471801.
98-196 A by-law to amend By-law 79-200, as amended. (Re- Braun, Donald, 5583
Ontario Avenue AM-27/97)
98-197 A by-law to declare surplus part of Graham Street on Plan No. 94,
designated as parts 1,2,3,4,5, 7 and 11 on Reference Plan No. 59R-10309,
and notice in the next available Saturday edition of the Niagara falls Review
of the said land being declared surplus and offered for sale to the abutting
owners and then to the general public. (Re: L-98-55)
98-198 A by-law to authorize a Transfer of Easement in favour of Bell Canada over
part of the closed portion of Graham Street on registered Plan No. 94
designated as Part 11 on Reference Plan No. 59R-10309. (L-98-55)
98-199 A by-law to authorize conveyance of Part 1 on Reference Plan No. 59R-
10369 to the Regional Municipality of Niagara for Road widening purposes.
(L-98-55)
98-200 A by-law to authorize the execution of an agreement with Nedlaw Roofing
Limited respecting the application of Single Ply PVC Membrane to the roof
at Stamford Arena.
III I II II II~IIII I
-16-
98-201 A by-law to authorize the execution of an agreement with Russell Masterson
Amateur Athletic Club respecting a licence to operate its Junior "B' franchise
from the Niagara Falls Memorial Arena.
98-202 A by-law to stop up and close part of Marshall Road, designated as part 1 on
Reference Plan No. 59R-10360. (Re: L-98-61)
98-203 A by-law to authorize a Licence Agreement with Microcell Connexions Inc.
for the purpose of permitting the Niagara Falls Fire Department to house its
Base Radio in Microcell's Outdoor Shelter located at the comer of Lundy's
Lane and Drummond Road (Re: L-98-64)
98-204 A by-law to amend By-law No. 79-200, as amended. (Re: AM-17/98, 7500
Lundy's Lane, Canada One Factory Outlet Mall)
98-205 A by-law to authorize monies for General Purposes (September 14, 1998).
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 98-201 on
a conflict of interest previously noted; Aldermen Campbell, Craitor, Cummings and
Michalczyk, abstaining from the vote on By-law No. 98-205 on conflicts of interest
previously noted and with all others voting in favour.
Mr. Robert Blunt, Land Use Planner, Goodman, Carr was in attendance on behalf
of Factory One Outlet Mall, referred to the Official Plan Amendment and to the zoning by-
law; indicated that Factory One Outlet did not wish to proceed with a revision to the Official
Plan Amendment No. 23.
The Deputy Director of Planning and Development indicated that the by-law should
be amended to recognize this change.
ORDERED on the motion of AIdenr~an Pietrangelo, seconded by Alde,,f,an Fisher, that the
following by-laws be now read a second and third time:
98-185 A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/98, 7156
Drummond Rd.)
98-186 A by-law to amend By-law No. 79-200, as amended (Re: AM-25/98, 4030
Montrose Rd.)
98-187 A by-law to amend Schedule 22 of By-law 76-102, as amended, being a
Schedule respecting the issuance of licences for refreshment vehicles. (Re:
CD-98-33)
98-188 A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. Respecting Zimmerman Avenue Road Reconstruction.
98-189 A by-law to authorize the execution of an agreement with Alfidome
Construction Limited respecting the new sidewalk construction.
98-190 A by-law to establish part I on Reference Plan No. 59R-9552 as a Public
Highway, to be known as and to form part of Mewbum Road.
~III ] II II li~llll I
-17-
98-191 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traff'/c on City Roads. (Stop Signs, Yield Signs, Heavy Vehicles, Through
Highways)
98-192 A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (1976) Inc. respecting the West Meadow Extension IV
Subdivision.
98-193 A by-law to authorize a Transfer of Easement in favour of Bell Canada over
part of a laneway on registered Plan No. 996 designated as part 1 on
Reference Plan No. 59R-10354. (Re; Report L-98-60)
98-194 A by-law to authorize a Release of Site Plan Agreements with Jimmy
Swaggart Ministries of Canada registered in 1987 as Instrument Nos.
507512 and 509750.
98-195 A by-law to authorize a Release of a Site P/an Agreement with Whitewater
Ho/dings (Niagara Falls) Ltd. Registered in 1986 as Instrument No. 471801.
98-196 A by-law to amend By-law 79-200, as amended. (Re- Braun, Donald, 5583
Ontario Avenue AM-27/97)
98-197 A by-law to declare surplus part of Graham Street on Plan No. 94,
designated as parts 1,2,3,4,5, 7 and 11 on Reference Plan No. 59R-10309,
and notice in the next available Saturday edition of the Niagara falls Review
of the said land being declared surplus and offered for sale to the abutting
owners and then to the general public. (Re: L-98-55)
98-198 A by-law to authorize a Transfer of Easement in favour of Bell Canada over
part of the closed portion of Graham Street on registered Plan No. 94
designated as Part 11 on Reference Plan No. 59R-10309. (L-98-55)
98-199 A by-law to authorize conveyance of Part I on Reference Plan No.
59R-10369 to the Regional Municipality of Niagara for Road widening
purposes. (L-98-55)
98-200 A by-law to authorize the execution of an agreement with Nedlaw Roolfng
Limited respecting the application of Single Ply PVC Membrane to the roof
at Stamford Arena.
98-201 A by-law to authorize the execution of an agreement with Russell Masterson
Amateur Athletic Club respecting a licence to operate its Junior "B" franchise
from the Niagara Falls Memorial Arena.
98.202 A by-law to stop up and close part of Marshall Road, designated as part 1 on
Reference Plan No. 59R-10360. (Re: L-98-61)
98-203 A by-law to authorize a Licence Agreement with Microcell Connexions Inc.
for the purpose of pe,,~itting the Niagara Falls Fire Department to house its
Base Radio in Microcell's Outdoor Shelter located at the comer of Lundy's
Lane and Drummond Road (Re: L-98-64)
98-204 A by-law to amend By-law No. 79-200, as amended. (Re: AM-17/98, 7500
Lundy's Lane, Canada One Factory Outlet Mall)
98-205 A by-law to authorize monies for General Purposes (September 14, 1998).
illl!I Il II II~llll I
18 -
The motion Carded with Alde~an Orr abstaining from the vote on By-law No. 98-201 on
a conflict of interest previously noted; Aldermen Campbell, Craitor, Cummings and
Michalczyk, abstaining from the vote on By-law No. 98-205 on conflicts of interest
previously noted and with all others voting in favour.
Downtown Business Improvement Area
Alderman Orr referred to correspondence with respect to the Downtown Business
Improvement Area and advised that in response to the matter, the Downtown Board would
be holding a meeting to discuss the benefits of the BIA and invited members of Council and
staff to attend the meeting on September 22, 1998 at 5 p.m. at Chdst Church Hall.
Ward System
Alderman Wing referred to the issue of the at-large ward system vs the 6 ward
system and presented a resolution to Council dealing with the 6 ward electoral system.
Discussion ensued with respect to providing ample opportunity for everyone
involved to have further discussions on the issue of the at-large ward system vs the 6 ward
electoral system.
Following the discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Volpatti, that the matter be tabled until the October Council
meeting. The motion was Lost with Aldermen Campbell, Pietrangelo and Volpatti voting
in favour and with all others voting contrary.
Following some discussion, Alderman Wing presented a resolution, seconded by
Alderman Orr, that be it resolved that the Council of the Corporation of the City of Niagara
Falls affirms its support for a six-Ward electoral system. The motion Carried with Aldermen
Campbell, Pietrangelo, Cummings and Volpaffi voting contrary to the motion and with all
others voting in favour.
Following further discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that the question of the Ward System versus the At-large
System be p/aced on the next municipal election ballot. Carded Unanimous/v,
Letter of Appreciation
Alderman Michalczyk referred to his recent attendance at the AMO Conference,
where he met with the Association of Northern Municipalities, who had provided a donation
of 250 tree saplings, which had been distributed by the Manager of Parks, Recreation and
Culture and he requested that a letter of appreciation be forwarded to the Association of
Northern Municipalities for their kind donation of the 250 sapling trees.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo,
that a letter of appreciation be forwarded to the Association of Northern Municipalities for
their kind donation of 250 sapling trees. Carded Unanimously.
~I[1 ] l[ II [l~lll[ I
- 19-
Ch~DDawa Junior "C" o_~eninu_ Game
Alderman Michalczyk extended an invitation to members of Council and the
community to attend the home opening game of the Chippawa Junior "C"'s on September
27, 1998 at the Chippawa Arena.
Ward Boundaries
Alderman Michalczyk referred to moving the boundary line from McLeod Road south
to the Railway corridor.
The City Solicitor advised that Council had the authority to ~-define the wards under
the Municipal Act but would have to give notice of a public meeting and a by-law be
prepared; he further advised that if Council passed a resolution at this meeting, this would
be direction to staff to start the process in accordance to the Municipal Act.
Following the discussion, it was ORDERED on the motion of Alden,s)an Michalczyk,
seconded by Alderman Feren, that the northern boundary of Ward 6 (McLeod Road) be
shifted south to the railway corridor. Carried Unanimously.
Referendum Question
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
question of the Ward System vs the At-Large System be p/aced on the Municipal election
ballot in the year 2000. Carded Unanimously.
Hyatt Decision
Alderman Feren wished to express his disappointment at the Hyatt's decision
regarding putting in 200 rooms and 100 stores at the permanent casino. He stated that
this decision would take business away from the existing hotels, motels and stores that are
surrounding the proposed complex.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
the meeting be adjourned. Carded Unanimously.
READ AND ADOPTED
ACTING MAYOR
Ill I [ Ii II~llll I
TWENTY- THIRD MEETING
REGULAR MEETING
Council Chambers
September 28, 1998
Council met on Monday, September 28, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Norm Puttick, who was away on vacation, were in attendance. Alderman Ken
Feren offered the Opening Prayer.
Prior to dealing with Regular Council matters, the City Clerk requested that
Alderman Paisley Janvary be appointed Acting Mayor for this meeting during the absence
of His Worship Mayor Thomson.
NO. 43 - FISHER - FEREN - RESOLVED that Alderman Paisley Janvary, be appointed
Acting Mayor for the meeting of September 28, 1998 during the absence of His Worship
Mayor Thomson. Carried Unanimousl. v.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
Minutes of the Planning/Regular Council meeting of September 14, 1998 be adopted as
printed. Carried Unanimousl_v.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a pecuniary interest on Report F-98-50, Cheque No.
M923382, because he is the recipient; and indicated a pecuniary interest on Report PD-98-
86, because a member of his family is involved in testamentary devise matters.
Alderman Cummings indicated a pecuniary interest on Report F-98-50, Cheque No.
239917, because Acres is the recipient.
Alderman Craitor indicated a pecuniary interest on Report F-98-50, Cheque No.
239738, because a member of his family is employed by the recipient.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-50,
Cheque Nos. 239751; 239769; and 239955, because members of their families are
employed by the Region.
Aldem-~an Michalczyk indicated a pecuniary interest on Report F-98-50, Cheque No.
239992, because he is a member of the organization.
Alde~-~-~an Wing indicated a pecuniary interest on a Community Services Committee
Report MW-98-140, as a relative lives on one of the affected streets.
PRESENTA~ONS
1998 Summer Trillium Awards
Acting Mayor Alderman Paisley Janvary, Chair of the Environment Planning and
Greening Committee and Alderman Shirley Fisher, Trillium Committee, presented the 1998
Summer Trillium Awards for Community Beautification to the following local winners.
Residential
First Place: Terry Bedell; Second Place: Algie and Dorothy Vant; Third Place (Tie):
Mr. & Mrs. Harold Dawson; Third Place (Tie): Mr. & Mrs. James Weaver; Awards of
Merit: Marie Fleming; Laura Menechella & Bill Prestia, Jr.; Anne and Keith Mason;
Larry and Shirley Maraldo; John R. Compostella and Douglas Gilbank.
Commercial/Institutional/Industrial/Mult~nle Dwelling Complexe~
First Place: Summerset Court; Second Place: Flying Saucer; Third Place: Lord
Simcoe Apartments; Award of Merit: Ramada Coral Inn.
Alderman Fisher and Acting Mayor A/derman Janvary, thanked and congratulated
all the participants.
DEPUTA~ONS
Casino Niagara International Marathon
Ms. Karen Stearne, Heart Niagara provided a brief summary of the schedule of
events for the Marathons; and introduced Dr. Stafford Dobbin, who discussed the previous
marathon competitions; reviewed the "Niagarathon" marathon event, being held from
October 20-25, 1998; thanked the various organizations and agencies flTvolved and
requested that Council consider waiving the road closure fees for the marathon and the 5k
race; requested the City's assistance with respect to the necessary equipment such as
bleachers, barricades and snow fencing; requested community inkind contribution of city
staff to locate and remove the equipment and requested lane closure on October 22, 1998
for the Bed and Wa.~ter race.
Following the presentation, it was ORDERED on the motion of AIdem-~an Cummings,
seconded by Alderman Pietrangelo, that the requests be approved subject to established
policy. The motion Carried with Alderman Orr abstaining from the vote on a conflict of
interest because she is employed by the Casino and with all others voting in favour.
United Wa_v of Niau_ara Falls AnnualCam_naiu_n
Mr. Bruce Henning, 1998 Campaign Chairman, announced that the Annual United
Way of Niagara Falls kick-off campaign would begin on September 30, 1998 and
encouraged everyone to support the United Way.
Following the discussion, Alderman Pat Cummings, on behalf of the Stamford
Centre Volunteer Firefighters Association, presented a cheque for $5,000 to the United
Way.
IIIII ] II II Ilfllll I
Family and Children Services Nia~_ara (FACS_)
Bill Charron, Executive Director, Family and Children Services, Niagara
(FACS), provided an overview of the Family and Children Services; the role of the agency
over the past 100 years and presented a book entitled "A Tradition of Caring" by author
Keith Dixon to the City.
Acting Mayor Alderman Paisley Janvary accepted the book and thanked Mr.
Charron for his presentation.
BQy's & Girls' Club
Adrlana Ryan, reviewed the Child Care Programs being offered and provided
information on the capacity, supervision and travelling arrangements and thanked
members for the opportunity to inform Council on the programs.
Weller~d Herita~_e Council and Multicultural Centre
Ms. Claire Gerencser, Executive Director, discussed the mandate and objectives
of the We/land Heritage Council and Multicultural Centre; the initiatives to assist and
provide settlement services for newcomers in Niagara Falls and introduced Mr. Rajko
Platisa, Project Coordinator for the Multicultural Network of Niagara Falls to members of
Council and requested that consideration be given for a grant of $35,000 to support Mr.
Platisa's work. ;
Father Milos Milanovich, St. Georges Serbian Church provided a brief summary of
the services and provisions given through St. Georges Serbian Church to immigrants
arriving in Canada and thanked members for the opportunity to address Council.
Following the presentation, it was ORDERED on the motion of AIderman Cummings,
seconded by Alderman Orr, that the grant request be referred to the 1999 Budget
deliberations. Carried Unanimously.
Greater Nia~_ara Senior Citizens' Association (GNSCA)
Mr. Fred Galloway, F.J. Galloway Associates Inc. provided the highlights of the
study through the use of slides; discussed the key concems; the trends that were
identified; the key conclusions; the strategy and summary; advised that there was a need
due to an increasing number of seniors; the potential for partnerships in sharing different
resources along with an opportunity to set up an information resource for seniors.
- AND -
Report R-98-52 - Chief Administrative Officer- Re: Greater Niagara Senior Citizens'
Association Organizational Review. The report recommends that Council approve, in
principle, the recommendations contained in the Greater Niagara Senior Citizens'
Association (GNSCA) Organizational Review prepared by F.J. Galloway & Associates/nc.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
Lund_v's Lane Battlefield Master Plan
Len Cade, Chairman of the Lundy's Lane B.I.A. and member of the Lundy's
Lane Battlefield Steering Committee, encouraged Council to seize the opportunity to
pave the road for the future development of a quality heritage attraction in Niagara Falls;
expressed appreciation to City staff in the development of the Master Plan; requested that
Council endorse the recommendation report and introduced Mr. Carl Bray, Consultant,
Commonwealth Historic Resource Management Limited.
Mr. Bray provided a brief summary of the Master Plan and reviewed the various
aspects of the redevelopment of the site; the establishment of an interpretive Centre,
through the use of slides; advised that there was an opportunity for the City and the
community to develop this site that respects the past, commemorates history and creates
economic opportunity; and requested that Council adopt the recommendation report.
In response to questions raised, Mr. Bray stated that certain portions of Lundy's
Lane could be narrowed down to two lanes as part of streetscaping improvements.
- AND.
Report R-98-53. Chief Administrative Officer- Re: Lundy's Lane Battlefield Master
Plan. The report recommends the following:
1. That the final report for the Lundy's Lane Battlefield Master Plan, as presented on
September 28, 1998 be adopted in principle by Council;
2. That Council direct staff to immediately begin the process of hiring a part time Site
Administrator for the Lundy's Lane Battlefield project, as recommended in the
Master Plan and that the cost be included for discussion in the 1999 budget
deliberations;
3. That the City actively pursue establishment of an interim interpretive centre for the
Battlefield as part of this process and that staff be directed to hire consultants to
plan and design the interpretive exhibits; the cost is approximately $70,000 and will
be included for discussion in the 1999 budget deliberations.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted and further that the proposal be referred for
Millennium Project funding. Carded Unanimously.
Cam_earn for Local Democracy
Mr. Larry Savage, Campaign for Local Democracy reviewed the issue of the
Ward system vs the at-large-system and presented Communication No. 67- Petition,
headed by Wilma Wiebe to members of Council to save the Niagara Falls Ward system.
ORDERED on the motion of Alderman Craitor, seconded by AldeiT-~-~an Michalczyk, that the
petition be received and filed. Carded Unanimously.
Ill[ ] Il 11 [[~lll[ [
COMMUNICATIONS
Communication No. 68 - Corporation of the City of Thorold - Re: Reduced Tax Rate
for Designated Properties. The communication advises that Thorold City Council adopted
a resolution supporting a position taken by L.A.C.A.C. (Heritage Thorold) with respect to
providing municipal councils with the authority to establish a different and reduced tax rate
for designated properties where the owner of the property makes expenditures or
measures of preservation and/or restoration of the property, and asking the Minister of
finance to consider changing the legislation in this regard.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the matter be referred to staff. Carried Unanimousl.v.
Communication No. 69 - Mr. John Carbone, Toronto - Re: Street Name Change in
Recognition of Contributions to Community Improvement. The communication requests
that Forsythe Street be changed to Carbone Crescent.
ORDERED on the motion of Alderman Volpatti , seconded by Alderman Cummings, that
the matter be referred to staff. Ca~ed Unanimousl_v.
Communication No. 70 - Petition to have Sewers on Houck Drive and Twidale
Avenue Area replaced.
ORDERED on the motion of Alderman Feren, seconded by AIderman Cummings, that the
matter be referred to staff. Car~ed Unanimousl_v.
Communication No. 7f - Lee Smith, Director of Fire Prevention - Re: Proclamation.
The communication requests that Council proclaim the week of October 4th through
October lO~, ~998 as "Fire Prevention Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 72 - Parks, Recreation & Culture - Re: Proclamation. The
communication requests that Council proclaim the week of October ~ to October 7~, 1998
as "Community Parks Week".
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 73. R.T. Salci Real Estate Limited/Realtor- Re: Offer to Purchase,
McLeod Road.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that the
correspondence be received and filed and to authorize the Mayor and Clerk to execute the
attached release. Carried Unanimousl_v.
REPORTS
MW-98-f38 - Chief Administrative Officer- Re: Recommendations from the
September 15~ Parking & Traffic Committee Meeting. The report recommends the
following:
~. MW-98-~2~ - Pinellas park Drive at Thistledown I_ane - Ali-Way Stop Request -
that ~) an all-way stop not be installed at the intersection of Pinellas Park Drive at
Thisteldown Cane; that 2) a pedestrian advance sign be installed on Pinellas Park
Drive at thistledown Lane; and 3) that this intersection be reviewed upon the
completion of the Meadow Creek Subdivision;
2. MW-98- ~ 22 - Wilson Crescent - Parking Review - that the parking restriction located
in front of #7772 & 7736 Wilson Crescent be removed;
IIli i I I Ii IIHII[ I
3. MW-98-125 - The Neighbourhoods of St. David's - Decorative Street Name Signs -
that 1) the request for the installation of decorative street name signs by the Walker
Community Development Corporation be approved; that 2) upon the fulfilment of the
subdivision agreement, the signs, if vandalized, will be rep/aced by the City crews
with the standard street signs and hardware, unless the additional costs are bome
by the Walker Community Development Corporation;
4. Pedestrian Signals - Regional Road #20 - Lundy's Lane - that City Council request
that the Region of Niagara (PWA 202-98_ reconsider the installation of Pedestrian
Signals along Lundy's Lane adjacent to the entrance of Westlane High School and
in front of the Americana Hotel, for their 1999 Budget;
5. Lundy's Lane - West of Main Street - that the Region of Niagara consider the
installation of a "Right Lane Must Turn Right" sign for eastbound traffic on Lundy's
Lane, approaching Main Street.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimousl_v.
See By-law No. 9~-209
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
1. Adoption of the September 14, 1998 Community Services Committee Meeting
minutes;
2. Draft Task Three Report - Implementation of the Preferred Waste Management
System - that information be received on the Regional Niagara Draft Task Three
Report - Implementation of the Preferred Waste Management System;
3. MW-98-116 - Regional Waste Management Issues - that the information be
received on Regional Waste Management Issues and that the Region be advised
that the City endorses the final report on the establishment of a uniform waste
disposal rate for implementation effective January 1, 1999; and that the Region be
requested to remove the wording within the By-law which refers to disposal of night
soil and pet waste - Opposed: Alderman Cummings;
4 MW- 140 - Discoloured Water- Merle Cres., Corwin Cms., Russell & Cowan Area-
approve of the proposed compensation plan contained in Report MW-98-140; and
that additional funding be considered in the 1999 Water Budget for an expanded
watermain flushing program - Alderman Wing - conflict;
5. New Business:
Sidewalk at Gales Gas Bar- that Staff, at a later date, provide a sketch and report
further on options available for a sidewalk in front of Gales Gas Bar on Thorold
Stone Road.
Walkway @ Greenboughs Road & Edenwood Court- that Staff investigate possible
closure of the walkway at Greenboughs Road and Edenwood Court.
Postings on Signs - that the City Solicitor report on the by-law covering posting of
signs throughout the City.
New Business - cont'd.
Speeding on Kalar Road - that the issue of speeding on Kalar Road be referred to
the Parking & Traffic Committee for investigation;
Canadian Parking Association - that the Parking & Traffic Manager (Karl Dren) be
authorized to attend the Canadian Parking Association Conference to be held in
Vancouver from Nov. 1 to Nov. 4, 1998;
Intersection Pedestrian Signals - Thorold Stone Road @ St. James Ave. and
Victoria Avenue @ Jepson - that Staff investigate improper tums occurring at the
Intersection Pedestrian Signals at Thorold Stone Road @ St. James Avenue and
at Victoria Avenue @ Jepson Street and report back to the Committee as soon as
possible
The motion Carded with Alderman Cummings voting contrary to the motion on Report MW-
98-116; and Alderman Wing abstaining from the vote on Report MW-98-140 on conflicts
of interest previously noted and with all others voting in favour.
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
From the Audit Committee:
That the Auditor's Report of the examination of the financial statements for the year
ended December 31, 1997, be received and filed;
From the Comorate Service~ Committee:
1. Adoption of the minutes of the August 17, 1998 Corporate Services Committee
Meeting;
2. That the Municipal Accounts totalling $1,425,227.23 for the period ending
September 28, 1998, be approved;
From the In-Camera Session of the Comorate Services Committee
1. That Council adopt the by-law which allows for the participation of Members of
Council in the Ontario Municipal Employees Retirement System;
2. That Council authorize an appeal by the Police Services Board of a decision under
the Adult Entertainment Parlour By-law;
3. That the City Solicitor be authorized to appear and defend in opposition to a motion
by Henry DiCienzo for a temporary injunction to stop the issuance of two body rub
parlour licences on Wednesday
The motion Carded with Aldermen Janvary and Orr voting contrary to the motion
regarding the matter of participation of members of Council in the Ontario Municipal
Employees Retirement System; and Aldermen ietrangelo, Craitor, Cummings, Michalczyk
and Wing abstaining from the vote on Report F-98-50 on conflicts of interest previously
noted and with all others voting in favour.
See By-law No. 98-208
See By-law No. 98-211
Alderman Pietrangelo vacated Council Chambers.
BII! r I I II IlIllll I
PD-98-126. Chief Administrative Officer- Re: Request to Amend an Agreement
which provides for a Pedestrian Deck, Proposed Extension to the Marriott Hotel
providing for a Garbage Compactor Room. The report recommends that Council
approve of the request to amend the appropriate agreement in order to construct a minor
extension onto the southerly face of the Mardott Hotel providing for a more accessible
garbage compactor room.
ORDERED on the motion of AIderrnan Craitor, seconded by Alderman Feren, that the
report be received and adopted. The motion Carded with Alderman Wing voting contrary
to the motion and with all others voting in favour.
PD-98-f 28 - Chief Administretive Officer- Re: Status Update, Tourist Area
Development Strategy. The report recommends for the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and filed. Carded Unanimously.
L-98-65. Chief Administrative Officer- Re: Jain Encroachment Agreement with the
City, 5397 McRae Street. The report recommends to permit the continuation of
encroachments of a building upon McRae Street road allowance.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-206
L-98-66 - Chief Administrative Officer- Re: Ontario Municipal Board Matter between
f086868 Ontario Limited and Ed Cogan and The City of Niagara Falls; Canadian
Niagara Hotels Inc. and 876891 Ontario Limited Re: By-laws 98-155 and 98-157. Our
File No. 98STMf45.225. The report recommends for the information of Council.
ORDERED on the motion of AIde~-~)an Cummings, seconded by Alderman Volpatti, that
the report be received and filed. Carded Unanimously.
Alderman Pietrengelo returned to Council Chambers.
RESOLUTIONS
NO. 44 - CRAITOR - FEREN - BE IT RESOLVED that the Council of The Corporation of
the City of Niagara Falls reaffirms its support of By-law No. 98-176, notwithstanding the
objection received from Mr. Soo San Chai.
And the Seal of the Corporation be hereto affixed.
Carded Unanimousl. v.
NO. 45 - ORR - FISHER - RESOLVED that the Council of the Corporation of the City of
Niagara Falls hereby supports a one-year extension to draft plan approval for the Mount
Carmel North (Phase 3) Plan of Subdivision and the Regional Municipality of Niagara and
the applicant, be so informed; conditional on the applicant submitting a photograph to the
City showing the appropriate subdivision sign on the property for public information
purposes;
AND the Seal of the Corporation be hereto affixed
Carded Unanimousl. v..
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Aldefi-r~an Pietrangelo,
that leave be granted to introduce the following by-laws, and the by-laws be read a first
time:
Iff I1~1 I!1 I
10-
98-206 A by-/aw to authorize an Encroachment Agreement, dated August 2 7~h, 1998,
between Vinod Jain and Trisha Devi Jain and The Corporation of the City of
Niagara Falls for the purpose of permitting encroachments unto McRae
Street road allowance.
98.207 A by-law to designate Block 46 on registered Plan No. 59M-251 not to be
subject to part lot control.
98-208 A by-law to authorize participation in the Ontario Municipal Employees
Retirement System (OMERS) in respect of Members of Council.
98-209 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
98-210 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
98-211 To authorize monies for General Purposes (September 28, 1998).
The motion Carried with Aldermen Janvary and Orr voting contrary to the motion on By-
law No. 98-208; and Aldefrr~en Craitor, Cummings, Michalczyk, Pietrangelo and Wing
abstaining from the vote on By-law No. 98-211, on conflicts of interest previously noted
and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderrr~an Pietrangelo,
that the following by-laws be now read a second and third time:
98-206 A by-law to authorize an Encroachment Agreement, dated August 2'~~, 1998,
between Vinod Jain and Trisha Devi Jain and The Corporation of the City of
Niagara Falls for the purpose of permitting encroachments unto McRae
Street road allowance.
98-207 A by-law to designate Block 46 on registered Plan No. 59M-251 not to be
subject to part lot control.
98-208 A by-law to authorize participation in the Ontario Municipal Employees
Retirement System (OMERS) in respect of Members of Council.
98.209 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
98-210 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
98-211 To authorize monies for General Purposes (September 28, 1998).
The motion Carded with Aldermen Janvary and Orr voting contrary to By-law No. 98-
208; and Aldermen Craitor, Cummings, Michalczyk, Pietrangelo and Wing abstaining from
the vote on By-law No. 98-211, on conflicts of interest previously noted and with all others
voting in favour.
1 II Ii II11111 I
-11
Ci~_ -Wide Leaf Collectipn
Alde~rnan Pat Cummings referred to residents' concems on the City's collection of
leaves in designated areas and requested that staff investigate the matter of providing the
same level of service to all residents of the City.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that staff
investigate the matter of City-Wide leaf collection. Carried Unanimousl_v.
Handicap Scooters on Shuttle Buses
Alde~an Pat Cummings requested that staff look into the change in casino policy
respecting handicap scooters not being permitted onto Casino Shuttle buses.
Tax Rebates
Alderman Shirley Fisher requested that staff look into the matter of tax rebates for
persons in rural areas that do not have water and are on supplement.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that
staff investigate that matter of tax rebates for persons in rural areas that do not receive
water rebates and are on supplement. Carried Unanimously.
Casino Ne~_ otiations
Alderman Se/ina Volpatti requested an update on negotiations with the Ontario
Casino Corporation, with respect to the permanent casino; and questioned whether the
size of the convention facilities would be discussed. The Chief Administrative Officer
advised that a meeting was being held on September 29, 1998 with the Senior staff,, Mayor
Thomson and individuals from the Hyatt group to discuss various technical and
compensation issues and further that staff would meet with Council to provide an update
on the discussions at an upcoming Council meeting.
Alderman Pat Cummings requested that Council have the opportunity to be involved
in the discussions and to provide their input into the process.
Annual Ter~_ Fox R(ln
Alderman Wayne Campbell introduced Ms. Carolynn Ioannoni, Run Organizer, who
provided an update on the recent Terry Fox Run that was held on September 20, 1998 and
thanked everyone who participated in the event.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the meeting be adjoumed. Carried Unanimously.
Ill [ II II IlJllll I
- 12-
READ AND ADOPTED,
ACTING MA YOR
Ill 1 II Ii IIlllll I
TWENTY-FOURTH MEETING
PLANNING MEETING
Council Chambers
October 5, 1998
Council met on Monday, October 5, 1998 at 7:00 p.m. for the purpose of conside#ng
Planning/Regular Business matters. All members of Council, with the exception of
Alderman Orr, who was away due to illness; and Alderman Craitor, were in attendance.
Alderman Ed Michalczyk offered the Opening Prayer
Prior to dealing with Regular Council matters, the City Clerk requested that
Alderman Norm Puttick be appointed Acting Mayor for this meeting during the absence of
His Worship Mayor Thomson.
RESOLUTION
NO. 46 - VOLPA TTI - FISHER - RESOLVED that Alderman Norm Puttick, be appointed
Acting Mayor for the meeting of October 5, 1998 during the absence of His Worship Mayor
Thomson. Carded Unanimousl_v.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a pecuniary interest on Report F-98-51, Cheque
Nos. M92393 and M92394, because he is employed by the School Board;
Alde~-~an Campbell indicated a pecuniary interest on Report F-98-51, Cheque No.
M92393 because he is employed by the District School Board;
Alderman Cummings indicated a pecuniary interest on Report F-98-51, Cheque
Nos. M92392 and M92397, because a member of his family is employed by the Region;
and Cheque No. 240182 because the recipient is Acres.
PLANNING MA TTERS
PD-98-f27 - Chief Administrative Officer- Re: Zoning By-law Amendment
Application; AM-30/98, Queensway Free Methodist Church; 4431 Dorchester Road;
Severance of Manse. The report recommends that Council approve the Zoning by-law
amendment application which will permit the manse to be sold and used as a single family
dwelling after it is severed from the Queensway Free Methodist Church.
The City Clerk declared the Public Meeting open and read the procedure to be
followed under the Planning Act; and advised that the Notice of the Public Meeting had
been given in accordance with Regulations by mailing on September 4, 1998.
Acting Mayor Alderman Puttick received indication that Mr. Dave Brown, Solicitor,
was in attendance on behalf of the applicant, and received a positive response to his
request for a show of hands by persons present who were interested in the application.
:Ill I I I II IIHIlr I
The City Clerk advised that failure to make oral or written submissions at the Council
meeting could result in the dismissal of the case at a future Ontario Municipal Board
hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the Background information and the Public
Notification Process.
There was a negative response to Acting Mayor Alderman Puttick's request for
comments from persons, other than the applicant or his agent, in support of the application
and a positive response in opposition to the application.
Mr. David Devine, 4468 Queensway Gardens, enquired as to the future proposed
use of the 70 x 50 ft. lot and requested that the application be deferred until the proposed
use was determined.
Mr. David Brown commented on the zoning and lot size and use of the property;
and further advised that the lot could be used for additional church parking, if the need
arose.
Since no further comments were forthcoming, Acting Mayor AIderman Puttick
declared the Public Meeting with regard to AM-30/98 closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously,
PD-98-129 - Chief Administrative Officer- Re: Application for Site Plan Approval; AM.
29/98, Cut-Rate Souvenirs International Limited; (Agent: P.R. Heath); 5909 McGrail
Avenue. The report recommends that Council approve the Zoning By-law application to
recognize the existing duplex on the subject lands and the applicant obtain all required
building pear,its.
Acting Mayor Alderman Puttick declared the Public Meeting open and the City Clerk
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on September 4, 1998.
Acting Mayor Alderman Puttick received indication that Mr. Paul Heath, was in
attendance on behalf of the applicant, and received a negative response to his request for
a show of hands by persons present who were interested in the application.
The City Clerk advised that failure to make oral or written submissions at the Council
meeting could result in the dismissal of the case at a future Ontario Municipal Board
hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the Planning Review and the Public Notification
Process.
Mr. Paul Heath referred to the two units to be approved by Council and advised if
the application was approved, that his client would be applying for the necessary permits.
There was a negative response to Acting Mayor Alderman Puttick's request for
comments from persons, other than the applicant or his agent, in support of the application
and received a negative response in opposition to the application.
IBlll 1 I I II IIIIIIrl I
Since no further comments were forthcoming, Acting Mayor Alderman Puttick
declared the Public Meeting with regard to AM-29/98 closed.
ORDERED on the motion of Alderman Cummings, seconded by AIde,,an Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Wing voting
contrary to the motion and with all others voting in favour.
PD-98-130 - Chief Administrative Officer- Re: Official Plan & Zoning By-law
Amendment Application; AM-11/98, Italo-Canadian Centennial Club; 6200 Thorold
Townline Road; Recreation Hall. The report recommends that Council approve the
Official Plan and Zoning By-law amendment application to legalize the existing 3,100
square foot recreation hall subject to the club obtaining all outstanding perrr~its and
approvals from the MTO, Region and City.
- AND -
Communication No. 74 - Regional Niagara, Public Works Department. The
communication provides comments with respect to the issue of access to the property.
- AND -
Communication No. 75 - Niagara Peninsula Conservation Authority. The
communication advises as not having any objections to the proposed zoning amendment.
Acting Mayor Alderman Puttick declared the Public Meeting open and the City Clerk
read the procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by mailing on September 4, 1998
Acting Mayor Alderman Puttick received indication that the applicant or his agent
were not in attendance on behalf of the applicants, and received a positive response to
his request for a show of hands by persons present who were interested in the application.
The City Clerk advised that failure to make ore/or written submissions at the
Council meeting could result in the dismissal of the case at a future Ontario Municipal
Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; advised that concems had been identified and implemented
and that staff were recommending approval of the application.
There was a negative response to Acting Mayor Alderman Puttick's request for
comments from persons, other than the applicant or his agent, in support of the application
and received a negative response in opposition to the application.
Since no further comments were forthcoming, Acting Mayor Alderman Puttick
declared the Public Meeting with regard to AM-11/98 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Wing voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
correspondence be received and filed. Ca~ed Unanimousl_v.
- 4 -
Garner Estates Draft Plan of Subdivision; Zoning By-law Amendment Application
26T-f 1-9807; Owner: River Realty Development (19'6) Inc.
- AND -
Communication No. 76 - River Realty Development (1976) Inc. The communication
requests that the matter be deferred to November 9, 1998 Council meeting.
The City Clerk referred to correspondence received from River Realty Development
(1976) Inc. requesting that the matter be deferred to the November 9, 1998 Council
meeting.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the meeting be deferred to the November 9, 1998 Cou~cil meeting. Carried Unanimously.
Orchard Grove Extension Draft Plan of SubdivisiOn; Zoning by-law Amendment
Application; AM-22/98; 26T-I 1-9805; Agent: Fruitbelt Development.
- AND -
Communication No 77 - Fruitbelt Development. The communication requests that the
matter be deferred to the October 19, 1998 Council meeting.
- AND -
Communication No. 78 - Mr. Gabe Mallouk, 7856 Rysdale St. The communication
requests that the meeting be deferred in order to provide an opportunity for the residents
to examine the report and address their concems w;th the developer and the Planning
Department.
- AND -
Communication No. 79 - Ms. Jean Grandoni, R. R. #1, Garner Road. The
communication provides comments and various concerns with respect to the proposal
The City Clerk referred to correspondence received from Fruitbelt Development
requesting that matter be deferred to the October 19, 1998 Council meeting.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Feren, that the
matter be deferred until the meeting of November 9, 1'998. Carded Unanimously.
ADOPTION OF MINUTES
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the minutes of the Regular Council meeting of September 28, 1998 be adopted as printed.
Carded Unanimously.
DEPUTATIONS
Ms. Imogene Pasel, Facilitator, Niagara Falls Chapter, Depressive & Manic-
Depressive Support Group, reviewed the goals of the organization and requested that
Council proclaim the week of October 4, 1998 to October 10, 1998 as "Mental Illness
Awareness Week"; and advised that the City Clerk was in the possession of donation
envelopes towards support of the group.
Following the presentation, it was ORDERED on the motion of AIdefi-nan Cummings,
seconded by Alderman Volpatti, that the week of October 4th to October 10~h, 1998 be
proclaimed as "Mental Illness Awareness Week". Carded Unanimously.
Acting Mayor Alderman Puttick thanked Mrs. Pasel for her presentation and wished
her every success in her endeavours.
II111 1 II II I1~1111 I
COMMUNICATIONS
Communication No. 80 -Minister of Agriculture, Food and Rural Affairs - Re:
Proclamation. The communication requests that Council proclaim the week of October ~h
to October 12~h, 1998 as "Onta#o Agriculture Week.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported subject to established policy. Carded Unanimousl. v.
Communication No. 81 - Canadian Celiac Association - Re: Proclamation. The
communication requests that Council proclaim the week of October 17~ to October 24th,
1998 as "Canadian Celiac Awareness Week"; and that the City consider paying for the
proclamation to be published in the Niagara Falls Review.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde~-/~-~an Janvary, that
the request be approved subject to established policy. Carded Unanimousl_v.
Communication No. 82 - Regional Niagara, Administration - Re: Regional Road 104
(Dorchester Road); Thorold Stone Road to King's Hwy. No. 420 - Traffic Operations. The
communication advises that Regional Council approved the recommendation that the firm
of Synectics Transportation Safety Consultants Inc. be engaged to undertake a traffic
operations and safety review of the area bordering the above-mentioned roads at a cost
of $16,575.00 to be shared equally by the City of Niagara Falls and the Regional
Municipality of Niagara subject to approval of funding from the Council of Regional Niagara
and the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, to
approve the City's participation in the study. Carded Unanimousl_v.
Communication No. 83 - Regional Niagara, Administration - Re: Full Product
Stewardship, Deposit-Return Systems and Refillable Beverage Containers in Ontado. The
communication requests that Council endorse a resolution passed by Regional Council
respecting Full Product Stewardship, Deposit-Return Systems and Refillable Beverage
Containers in Ontarfo.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
resolution be endorsed. Carded Unanimousl_v.
Communication No. 84 - Best Western Fallsview - Re: Toudsm Area Development
Study. The communication advises that the majodty of Fallsview BIA members are not in
favour of vehicular traffic on the proposed Grand Blvd., requesting that the Grand Blvd.
become a destination boulevard instead of being a thoroughfare and that a meeting be set
up with staff and Fallsview BIA members to discuss their concerns.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Carded UnanimouslY.
Communication No. 85- David Jovanovic, Chairman, Fallsview BIA - Re: Tourfsm
Area Development Study. The communication re-affirms the position of the Fallsview BIA
with respect to the proposed Grand Blvd., and states that the Fallsview BIA do not want
a new thoroughfare, which will adversely affect current developments and request a
destination blvd., not a new through road; states that the proposed vehicular traffic should
dead end at Murray; and that the proposed Grand Blvd., with "People Mover:' should be
to the west of the Casino, between the Casino and the pdvate sector;, and requests only
two lanes of vehicular traffic, not one-way lanes, rather than 4 lanes in a one-way
configuration. The communication further requests a meeting with the Mayor, Council and
city staff to discuss the issues.
ORDERED on the motion of Alderman Cummings, seconded by Alde£man Pietrangelo,
that the matter be referred to staff. Carded Unanimousl_v.
REPORTS
MW.98-142 - Chief Administrative Officer- Re: Contract 98-170-98 - Whiltshire
Boulevard Road Rehabilitation. The report recommends that the unit prices submitted
by the Iow tenderer, Steed & Evans ltd. Be accepted and the by-law be passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
See By-law No. 98-212
MW-98.143 - Chief Administrative Officer- Re: Agreement with Delcan Corporation;
Re: Bender Hill Intersection Improvements; Casino Entrance. The report recommends
that the City retain De/can Corporation at a cost of $19,420.00 plus G. S. T. to carry out the
Engineering Design and Contract Administration for the above project.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
See By-law No. 98-213
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIdei~r~an Cummings, seconded by Aldei~-r~an Pietrangelo, that
the actions taken on the following matters by Corporate Services Committee, eadier this
evening, be approved:
1. Report F-98-51 - Municipal Accounts - approval of the municipal accounts totalling
$22,735,798.44 for the period ending October 5, 1998;
2. Report HR-98-09 - United Way Incentive Program for Civic Employees - approval
of two one-week vacations (5 days each) and six single vacation days to be
awarded t the winners of the City's 1998 United way Incentive Program draws;
3. New Business:
4. In Camera Reports:
1. That Council endorse a plan that Alderman Michalczyk and staff meet with
the Humane Society Board in order to review the issues which have been
raised and attempt to resolve our problems and concems;
2. That the City Solicitor be authorized to being a motion to have an appeal to
Zoning By-law 98-176 dismissed - Aid. Volpatti voting contrary to the motion;
3. That the lands east of Montrose Road and north of McLeod Road, be
advertised for sale by sealed tenders.
The motion Carded with Alderman Volpatti voting contrary to the motion dealing with the
Zoning By-law 98-176 and with all others voting in favour.
CD-98- 34 - Chief Administrative Officer. Re: Reduction and Refund of Taxes,
Section 443 of the Municipal Act - Re: #1 - 4611 St. Lawrence Ave.; #2. 4611 St.
Lawrence Ave.; #3 4806 Bridge St.; #4 - 48t6 Bridge St.; #5 - 4816 Bridge SL; #6 -
5326 McRae St.; #7- 5415 Victoria Ave. (2); #8 - 3879 Portage Rd. N. (1 Fir.); #9 - 6260
Thorold Stone Rd.; #10 - 0000 Portage Rd. WS; #11 07243 Dirdene St.; #12 - 6469
Barker St.; #13 -6592 Lundy's Lane; #145838 Sunnylea Cms.; #15 - 4424 Montrose
Rd. (11);
$11 1 II II I1~1111 I
#16 - 0000 Montrose Rd.; #17 - 3700 Main St.; #18 - 8363 Meats Cres.; #19 - 8768
Banting Ave.; #20 - 0000 Morris Rd. ES; #21 - 0000 Morris Rd. ES; #22 - 0000 Morris
Rd ES; #23 - 0000 Morris Rd. ES; #24 - 0000 Morris Rd. ES; #25 -0000 Morris Rd. ES;
#26 - 0000 Morris Rd. ES; #27 - 0000 Morris Rd. ES; #28 - 0000 Morris Rd. ES; #29 -
0000 Morris Rd. ES; ~,30 . 0000 Morris Rd. ES; #31 - 0000 Morris Rd. ES; #32 - 0000
Morris Rd. ES; #33. 0000 Morris Rd. ES; ~343 - 0000 Morris Rd. ES. The report
recommends the following:
1. That a reduction of taxes amounting to $1,342.24 for the year 1996 and
$1,376.53 for the year 1997 be made to Leonard Guarasci.; 2. That a refund of
taxes amounting to $660.48 for the year 1996 and $670.75 for the year 1997 be
made to Leonard Guarasci; 3: That a reduction of taxes amounting to $189.82 for
the year 1996 and $194.66 for the year 1997 be made to Marijan & Mira Pirker. 4.
That a reduction of taxes amounting to $976.18 for the year 1996 and $1,001.11 for
the year 1997 be made to 581608 Ontario Limited; 5. That a reduction of taxes
amounting to $291.25 for the year 1996 and $298.68 for the year 1997 be made to
581608 Ontario Limited T/A Caverly Hotel; 6. That a refund of taxes amounting to
$261.22 for the year 1996 be made to Quidco & Maria Convertini; 7. That a
reduction of taxes amounting to $561.32 for the year 1997 be made to Andrew Ferri
T/A Universal Management Consultants Inc.; 8. That a reduction of taxes amounting
to $178.77 forthe year 1996 be made to Sam Cardamone; 8. That a reduction of
taxes amounting to $249.14 for the year 1996 and $255.51 for the year 1997 be
made to Peter & Connie Currado; 9. That a reduction of taxes amounting to $719.35
for the year 1995 and $634.70 for the year 1996 be made to 842720 Ontario Ltd.;
10. That a reduction of taxes amounting to $44.81 for the year 1996 and $45.96 for
the year 1997 be made to Veronica Carter;, 11. That a reduction of taxes amounting
to $48.22 for the year 1996 and $49.46 for the year 1997 be made to Elizabeth
Veldora Haskin; 12. That a reduction of taxes amounting to $3,016.65 for the year
1997 be made to 714660 Ontario Ltd T/A Copa Habana; 13. That a reduction of
taxes amounting to $568.53 for the year 1996 and $583.06 for the year 1997 be
made to Susan Mc Eachem; 14. That a reduction of taxes amounting to $220.94 for
the year 1996 be made to Robert Bauer T/A B & B Custom Cycle; 15. That a
reduction of taxes amounting to $653.04 for the year 1996 be made to St. George
Orthodox Chumh; 16. That a refund of taxes amounting to $520.22 for the year
1996 be made to Patrick Pang; 17. That a reduction of taxes amounting to $184.39
for the year 1996 be made to John Stavrous Roussakis; 18. That a reduction of
taxes amounting to $282.46 for the year 1995 and $250.98 for the year 1996 be
made to Igor & Snjezana Kaluderovic; 19. That a reduction of taxes amounting to
$946.19 for the year 1996 and $1, O01.01 for the year 1997 be made to Larry Ma ttar;
20. That a reduction of taxes amounting to $408.58 for the year 1996 and $432.27
for the year 1997 be made to Douglas Gross Estate; 21. That a reduction of taxes
amounting to $408.58 for the year 1996 and $432.27 for the year 1997 be made to
Larry Mattar; 22. That a reduction of taxes amounting to $408.58 for the year 1996
and $432.27 for the year 1997 be made to Douglas Gross Estate; 23. That a
reduction of taxes amounting to $408.58 for the year 1996 and $432.27 for the year
1997 be made to Larry Mattar;, 24. That a reduction of taxes amounting to $408.58
forthe year 1996 and $432.27 forthe year 1997 be made to Douglas Gross Estate;
25. That a reduction of taxes amounting to $408.58 for the year 1996 and $432.27
for the year 1997 be made to Douglas Gross Estate; 26. That a reduction of taxes
amounting to $408.58 for the year 1996 and $432.27 for the year 1997 be made to
Larry Mattac 27. That a reduction of taxes amounting to $408.58 for the year 1996
and $432.27 for the year 1997 be made to Douglas Gross Estate; 28. That a
reduction of taxes amounting to $408.58 for the year 1996 and $432.27 for the year
1997 be made to Larry Mattac 29. That a reduction of taxes amounting to $408.58
forthe year 1996 and $432.27 for the year 1997 be made to Douglas Gross Estate;
30. That a reduction of taxes amounting to $645.13 for the year 1996 and $682.51
for the year 1997 be made to Douglas Gross Estate; 31. That a reduction of taxes
amounting to $440.83 for the year 1996 and $466.38 for the year 1997 be made to
Douglas Gross Estate; 32. That a reduction of taxes amounting to $440.83 for the
year 1996 and $466.38 for the year 1997 be made to Douglas Gross Estate; 33.
That a reduction of taxes amounting to $440.83 for the year 1996 and $466.38 for
the year 1997 be made to Douglas Gross Estate.
- AND -
Communication No. 86 - Guy Ungaro, Barrister & Solicitor. The communication
advises that Items #20 - #33 be deferred in order to provide an opportunity to comment
on the matter.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that Items
1 to 19 be approved and that items 20 - 33 be deferred as per request. Carded
Unanimousl_v.
CD-98-35 - Chief Administrative Officer- Re: Body Rub Farlour Licences. The report
recommends that the information contained in this report be received and filed.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and filed. Carded Unanimousl_v.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Aldem~an Feren, that Council seek Provincial approval to have the tools
necessary to prohibit body rub parlours in the Municipality; and that this resolution be
circulated to the Association of Municipalities of Ontario; the Lundy's Lane BIA and to
municipalities with a population over 50, 000. The motion CPrdpd with Alderman Puttick
voting contrary to the motion.
L-98-68 - Chief Administrative Officer- Re: Authorization to Proceed with
Encroachment Agreemen& Foxhead Hotel, Falls Avenue and Clifton Hill. The report
recommends to authorize staff to further explore the request to allow construction of a two-
storey addition to the Foxhead Hotel which encroaches the'municipal road allowance to
within two feet of the curbs on Falls Avenue and Clifton Hill.
Mr. Douglas Birrell, Vice President and General Manager, Canadian Niagara Hotels
group, indicated that the proposed design would be an er,hancement to the overall
appearance and would provide a safe and secure public space. Mr. Birrell requested
Council's concurrence with the basic concept subject and conditional upon all the City
departments being involved, and introduced Mr. Stan Szaflarski, Architect, who provided
a brief overview of the proposal, lighting and sidewalk features; and discussed the safety
aspects of the design to pedestrians.
The City Solicitor indicated that Council could approve the application in principle,
but had to ensure the safety of the walking and motoring public; he advised this was not
a minor matter and requested Council permit staff to proceedwith further exploration of the
issues involved and to come back with a report to Council.
The Director of Planning and Development advised that staff would like to have the
opportunity to look at the the issues of liability; underground services; traffic and pedestrian
safety and streetscaping program.
Following the discussion, it was ORDERED on the motion of Aldem~an Cummings,
seconded by Alderman Pietrangelo, that the report be approved as presented by staff.
The motion Carded with Aldermen Feren and Wing voting contrary to the motion and with
all others voting in favour.
~11 1 I I Ii II~lBrl I
BY. LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98-212 A by-law to authorize the execution of an agreement with Steed and Evans
Limited respecting Wiltshire Boulevard Road Reconstruction.(Re: MW-98-
142)
98-213 A by-law to authorize the execution of an agreement with Delcan Corporation
to carry out the Engineering Design and Contract Administration for Bender
Hill Intersection Improvements at the Casino entrance. (Re: MW-98-143)
98-214 A by-law to authorize monies for General Purposes (October 5, 1998)
The motion Carried with Aldermen Campbell, Cummings and Pietrangelo abstaining from
the vote on By-law No. 98-214 on conflicts of interest previously noted and with all others
voting in favour. :
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-212 A by-law to authorize the execution of an agreement with Steed and Evans
Limited respecting Wiltshire Boulevard Road Reconstruction. (Re: MW-98-
142)
98-213 A by-law to authorize the execution of an agreement with Delcan Corporation
to carry out the Engineering Design and Contract Administration for Bender
Hill Intersection Improvements at the Casino entrance. (Re: MW-98-143)
98-214 A by-law to authorize monies for General Purposes (October 5, 1998)
The motion Carded with Aldermen Campbell, Cummings and Pietrangelo abstaining from
the vote on By-law No. 98-214 on conflicts of interest previously noted and with all others
voting in favour.
; NEW BUSINESS
Sulphur Content in Gasoline
Alderman Fisher referred to correspondence from the City of Guelph endorsing the
position of the City of Toronto with respect to the sulphur content in gasoline.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Fisher, that the City
of Niagara Falls endorses the resolution of the City of Guelph with respect to the sulphur
content in gasoline. Carded Unanimousl. v.
World Mental Health Day 1998
Alderman Fisher referred to correspondence outlining the National Initiative on
World Mental Health Day in Canada and seeking active participation in the formation of
a Mayors' National Committee on Mental Health and Nation-wide acknowledgement of
World Mental Health Day in 1998; requesting that October 8, 1998 be proclaimed World
Mental Health Day and that the matter be referred to staff.
'ill I I I Ii [flllll I
10-
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that
October 8, 1998 be proclaimed World mental Health Day in Niagara Falls and that the
matter of active participation in the formation of a National Committee on Mental Health be
referred to staff. Carried Unanimousl_v.
All Ontario Under f8 Women's Hockey Team
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
a letter of congratulations be forwarded to Valerle Hall and Louise Pietrangelo, for making
the All Ontario under 18 Women's Hockey team and to wish them well in the All Canadian
finals in March. Carried Unanimously.
Niagara Helicopter~
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
a letter of appreciation be forwarded to Niagara Helicopters in their efforts for the
reduction of noise levels. Carried Unanimously.
Increased Funeral Costs
Acting Mayor Alderman Puttick referred to a recent news article in the Toronto Star
entitled "Cost of Dying Remains Steep" and requested that the issue of the cemetery deficit
and lot costs be referred to the Director of Community Services for a report.
ORDERED on the motion of Alderman Cummings, seconded by Aldet~)an Feren, that the
issue of the cemetery deficit and lot costs be referred to the Director of Community
Services. Carried Unanimously.
Unemployment Insurance
Acting Mayor AIderman Puttick referred to deductions from unemployment insurance
being used by the Federal govemment in their general revenue to reduce the deficit.
Alderman Puttick requested that a report be provided by the Executive Director of
Corporate Services on the matter.
ORDERED on the motion of Alderman Cummings, seconded by Alde~an Feren, that the
matter be referred to staff for a further report. Carried Unanimously.
Health funding
Acting Mayor Alderman Puttick referred to the funding of health care being shifted
from the Federal government to the provinces; and expressed concerns on the Federal
government having no controls on how health dollars would be spent.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
matter be referred to the hospital Board for their input on the matter. Carded Unanimously.
11
Council Salad_ Increases
Acting Mayor AIderrr~an Puttick referred to the matter of Council members' salary
increases and that a time limit be placed on the offer;, should any Alderman not accept the
salary increase, that the offer would be terminated as of December 30, 1998.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the matter of Council salary increases be referred to the Executive Director of Corporate
Services. Carried Unanimousl. v.
ORDERED on the motion of Acting Mayor A/derrr~an Puttick, seconded by Alderman
Cummings, that the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
ACTING MAYOR
TWENTY-FIFTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
October 19, 1998
Council met on Monday, October 19, 1998 at 4:30 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Orr, were present. His Worship
Mayor Thomson presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole did not
rise to report in open session.
READ ~ PTED, ~
R. 0. KALLIO, 'TING CITY CLERK WAYNE THOMSON, MAYOR
REGULAR MEETING
Council Chambers
October 19, 1998
Council met on Monday, October 19, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were in attendance.
Alderman Pat Cummings offered the Opening Prayer
Council and members of the public welcomed His Worship Mayor Thomson back
to Council.
Mayor Thomson expressed his thanks and appreciation to members of Council and
staff for their assistance dudng his absence; and to the community for their many get well
wishes; and thanked Ms. Joyce Chrysler for her donation of $500.00 to the Tender Wishes
Foundation on his behalf.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Cummings indicated a pecuniary interest on Report F-98-52, Cheque No.
240451 because the recipient is Acres; and indicated a pecuniary interest on Cheque Nos.
240302; M92414 and M92405 because a family member is employed by the Region.
Alderman Michalcyzk indicated a pecuniary interest on Report F-98-52, Cheque No.
240297 because he is a member of the volunteer fire department.
His Worship Mayor Thomson indicted a pecuniary interest on Report M-98-150
because a family member has a business interest.
Alderman Craitor indicated pecuniary interests from the October ~h, 1998 on Report
F-98-51, Cheque No. M92392 and No. M92397, because a family member is employed by
the Region; and indicated a pecuniary interest on Report F-98-52 from this evening's
meeting on Cheque Nos. 240302; M92414 and M92405, because a family member is
employed by the Region.
Alderman Craitor thanked members of Council for their endorsation of the cost-
share funding for the undertaking of a traffic operations and safety review study.
Boys & Girls Club of Niao_ar~
Ms. Adriana Ryan, Child Care Program Supervisor, reviewed a schedule of
events to be held during the Week of the Child from October 17~h to October 24th, 1998,
presented a book to Mayor Thomson and the City, which was prepared by the children
from the Boys & Gifts Club on what they like about the City they live in and cookies were
distributed to members of Council and staff.
Fo/lowing the presentation, on the motion of Alderman Pietrangelo, seconded by
Alderman Feren, to wish the Boys & Gifts Club of Niagara every success during the Week
of the Child. Carried Unanimousl_v.
Alderma~ Michalczyk referred to the first annual Bonspiel being held on November
28, 1998 in support of the Boys and Gifts Club and requested that Council support a City
team in the event.
ORDERED on the motion of Alden-nan Michalczyk, seconded by Alderman Campbell, that
Council support a City team in the 1st Annual Bon Spiel Boys and Gifts Club event.
Carded Unanimously.
Nia~_ara Falls Public Library
Mr. Carman Dix, Chair of the Library Board, provided information on the types of
library services and programs that are available to the community and encouraged every
person in the community to utilize the public library; he also requested that Council
proclaim the week of October 19, 1998 as "Ontafto Public Library Week"in Niagara Falls
and introduced Casey Hyde, a young library user who discussed how she uses the library
programs and services that are provided.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the week of October 19, 1998 be proclaimed as "Ontafto Public Library Week" in Niagara
Falls. Carded Unanimousl_v.
YWCA of Nia~_ara Falls
Ms. Bernice Mowat, Chairperson, Week Without Violence, provided information
on the week without violence effort; distftbuted ftbbons to members of Council to promote
"bully awareness" and requested that Council proclaim the week of October 18-24, 1998
as a "Week Without Violence" in Niagara Falls; provided a schedule of events being held
during the week and introduced Milica Kovacevich, the new Executive Director, who
thanked the City and the United Way for their support and contftbutions.
Following the presentation, it was ORDERED on the motion of AIderman Cummings,
seconded by Alderman Fisher, that the week of October 18~ to October 24~, 1998 be
proclaimed as "Week Without Violence" in Niagara Falls. Carried Unanimously.
IIII I II I~ I1~1111 I
Celebration of the Arts
Mr. Wayne Scott, Chairman, Arts & Culture Commission, provided information
on the upcoming musical event, entitled "A Celebration of the Arts", featuring the Niagara
Symphony and the Niagara Youth Orchestra to be held on October 24th and 25th, 1998
at St. Andrews' United Church; he introduced Ms. Susanna Laustsen, Artistic Director who
invited the community to come out and enjoy the event.
Ne~hbourhood Recreational Requirements for Solar Park
Mr. Peter Colosimo discussed the lack of development of Solar Park as a
neighbourhood park; referred to the considerable amount of growth and development in
the vicinity of Mountain Road, St. Paul Avenue, Rial/Street and Dorchester Road and
indicated that there were no recreational facilities in the immediate area to serve the needs
of the area residents; referred to the issue of a concept plan with a full compliment of
neighbourhood recreational facilities which had never been implemented and suggested
Solar Park nclude tennis and basketball courts, a trail/inking Jupiter Boulevard to the
former hydro road; that proper signage be provided to identify the name of the park and
requested Council's consideration of the matter.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that the matter be referred to staff for a report to be brought
back with respect to a plan for parks development and equipment and that a report be
brought back on the allocation of funds. Carried Unanimousl. v.
CANPASS and Whirlpool Brido_e
Mr. Guy Ungaro, Solicitor, on behalf of Mr. Vince DiCosimo, owner of three
hoteYmotel complexes along River Road and certain businessmen in the downtown area
expressed concerns on the problems being encountered by his client and of substantial
losses to downtown area stores, due to the CANPASS program at the Whirlpool Bridge;
referred to the signage on the bridge restricting the bridge to CANPAS$ users and
requested Council's support in requesting that any signs restricting the usage of the bridge
be removed.
Mr. Gary Pillitteri, Federal Member of Parliament, discussed the introduction of the
CANPASS program and the number of CANPASS users; advised that the CANPASS
program was a pilot project still under evaluation and informed that meetings would be
held in the middle of November in order to provide an opportunity for residents and
business people to express their concerns and provide their input.
Mr. John Johnston, Canada Customs, provided clarification with respect to the
CANPASS program and advised that the introduction of the program was due to the
volume of traffic at the Rainbow Bridge and of the under utilization of the Whirlpool Bridge;
the system was designated to expedite "low risk traffic" and to take the pressure off of the
volumes of traffic at the Rainbow Bridge.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that staff initiate a meeting with the appropriate individuals,
the downtown business people, interested members of Council, the Niagara Falls Bridge
Commission and Mr. Ungaro, to address the concerns of the business community and to
keep the Whirlpool Bridge open. Carried Unanimousl.v.
:Ill [ I I FI II~ll~l I
PD-98-133, Zoning By-law Amendment Application; AM-27/97, Amending By-law No.
98-196, Donald Braun, Legalize Existing 3-Unit Dwelling. The report recommends that
Council reaffirm its approval of By-law No. 98-196, so that staff can notify the Ontario
Municipal Board of Council's position with respect to the by-law.
- AND -
Communication No. 86 - Donald G. Braun - Re: Zoning By-law 98-196. The
communication expresses the desire to comply with the city codes and conditions as
requested.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimousl_v.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimousl_v.
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIde~an Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening, be approved:
1. Adoption of the September 28, 1998 and October 5, 1998 Minutes of the Corporate
Services Committee;
2. F-98-52 - Municipal Accounts - that the Municipal Accounts totalling $1,112, 784.38
for the period end/ng October 19, 1998 be approved;
3. MW-98-148 - 1998 Leaf Collection - that the report be received and filed;
4. MW-98-149 - Municipal Infrastructure Data Standard - that the City enter into a
Consulting Services Agreement with proctor & Redfem Limited at a cost of
$30,000.00;
5. R-98-55 - Canadian Millennium Partnership Program; City of Niagara Falls
Community Projects - that the report be deferred to the meeting of October 26,
1998, and that the Executive Director of Community Services and staff, make
recommendations as to the pdority of the projects;
6. HR-98-11 - Aldermanic Remuneration - that the report be received and filed.
The motion Carded.
See By-law No. 98-216.
CD-98-36 - Chief Administrative Officer- Re: Automated Vote Tabulation Equipment.
The report recommends that Council authorize the reserve of funds for, and the purchase
of, fifteen (15) accu-vote tabulators, fifteen (15) memory cards, and one (1) accu-feed
ballot processor from Global Election Systems of Vancouver, British Columbia.
ORDERED on the motion of AIderrr~an Craitor, seconded by Alderman Campbell, that the
report be received and adopted. Carded Unanimousl_v.
L-98-71 - Chief Administrative Officer- Re: Sign Application; Business Depot,
Morrison Street. The report recommends that Council approve the application for two wall
signs, having a combined area of 709 square feet for Business depot on the east and west
elevations of the building to be constructed at 7190 Mordson Street.
ORDERED on the motion of Alderman Michalczyk , seconded by Alderman Cummings,
that the report be received and adopted. Carded Unanimousl_v.
ill t I I I~ Ilfllll I ~
L-98-72, Controlling the Idling of Vehicles in the City of Niagara Falls. The report
recommends that the attached "Idling of Vehicles" by-law is submitted for Council's
consideration.
ORDERED on the motion of Alderman Cummings, seconded by Aldefr~an Fisher, that the
report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-217
RESOLUTIONS
NO. 47 - FEREN - JANVARY- RESOLVED that a letter of condolence be forwarded to the
family of the late Douglas White, husband of fom)er City employee Elvira White and father
of City employee Velvia White.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimous/v.
NO. 48 - FEREN . CAMPBELL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls reaffirms its support of By-law No. 98-196, notwithstanding the
objection received from Patficia Gerelus and Joseph Vinish.
AND the Seal of the Corporation be hereto a fffixed.
Carded Unanimousl. v.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldefrr~an Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
98.215 A by-law to authorize the closed portion of Marshall Road be licenced to
Microcell Connexions Inc. for the purpose of constructing, operating and
maintaining a telecommunications tower.
98-216 A by-law to authorize monies for General Purposes (October 19, 1998).
98-217 A by-law to control the idling of vehicles in the City of Niagara Falls.
The motion Carded with Aldermen Cummings, Craitor, Michalczyk abstaining from the vote
on By-law No. 98-216 on conflicts of interest previously noted and with all others voting in
favour.
ORDERED on the motion of AIderrr~an Pietrangelo, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
98-215 A by-law to authorize the closed portion of Marshall Road be licenced to
Microcell Connexions Inc. for the purpose of constructing, operating and
maintaining a telecommunications tower.
98-216 A by-law to authorize monies for General Purposes (October 19, 1998).
98-217 A by-law to control the idling of vehicles in the City of Niagara Falls.
The motion Carded with Aldermen Cummings, Craitor, Michalczyk abstaining from the vote
on By-law No. 98-216 on conflicts of interest previously noted and with all others voting in
favour
~[1 ] Il II II~llll I
Thorold Stone Interchanu_e Project
Alderman Norm Puttick expressed concems regarding the matters dealing with the
reconstruction of Thorold Stone Road at the location of Gale's Gas Bar and advised of a
meeting being held with the Honourable Tony Clement on November 3/98 to address the
matter.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, to
advise the Minister of Transportation that there be City representation at the November 3,
1998 meeting and to further advise that the City of Niagara Falls will not support anything
less than a standard sidewalk that the City is entitled to along with a bicycle path. Carried
Unanimousl_v.
Additional Buildinu_ Department Staff
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
CAO provide a report regarding the need for additional staff in the Building Department in
orderto expedite the issuance of building permits as a result of the volume of development
in the City. Carried Unanimo~l~/y.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
meeting be adjoumed. Carded Unanimously.
READ AND ADOPTED,
ill [ I I Il IItllll I
TWENTY-SIXTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
October 26, 1998
Council met on Monday, October 26, 1998 at 6:00 p.m. in Committee-of-the-Whole.
All members of Council, were present. Alderman Janice Wing presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
.....
REGULAR MEETING
Council Chambers
October 26, 1998
Council met on Monday, October 26, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were in attendance.
Alderman Shidey Fisher offered the Opening Prayer
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by AIdem~an Cummings, that
the Minutes of the Planning Meeting of October 5, 1998 be adopted as printed; and that
the Minutes of the Regular Meeting of October 19, 1998 be adopted as printed. Carded
Unanimousl_v.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-98-56,
Cheque No. M92422, because members of their families are employed by the Region.
Alderman Cummings indicated a pecuniary interest on Communication No. 87,
dealing with Licensing of Bingo Lotteries, because he is a member of a service club that
conducts bingos.
~11 r I I Iff II]llll I
Alde~rr~an Craitor indicated a pecuniary interest on Communication No. 87, dealing
with Licensing of Bingo Lotteries, because he is involved with an organization that
conducts bingos.
Alde,r~en Campbell and Pietrangelo indicated pecuniary interests on Report R-98-
54 and Report to Council regarding the future of Niagara/:ails Secondary School and King
George V Elementary School because they are employed by the School Board.
Alderman Michalczyk indicated a pecuniary interest on Report/:-98-56, Cheque No.
240611, because he is a volunteer fire fighter; and indicated a pecuniary interest on
Communication No. 87 because he is involved with an organization that conducts bingos.
Alde,-,an Wing indicated a pecuniary interest on Communication No. 87 because
a member of her family is involved in an organization that deals with bingos.
DEPUTATIONS
United Way of Nia~_ara Falls
Mr. Bruce Henning, Campaign Chair, United Way, provided an update on the
campaign and of the various events being held to raise funds for the United Way; and
provided a video presentation on the campaign theme 'liVe Touch Roses"; distributed roses
to members of Council in appreciation for their support; and introduced Mr. Bruce Ward,
Chairman, 25~' Annual Poor Boy Luncheon Committee, provided info..atio on the
prizes for the October 29, 1998 Poor Boy Luncheon with proceeds going to the United
Way; and thanked members for the opportunity to address Council and encouraged
everyone to attend.
His Worship Mayor Thomson expressed best wishes and much success to the
event.
Prior to dealing with further Council matters, His Worship Mayor Thomson referred
to a recent government announcement by the Minister of /:inance regarding the
introduction of legislation requiring municipalities to curb tax increases related to Cun'ent
Value Assessment; and advised that the proposed legislation would require municipalities
to limit tax increases related to assessment on commercial and industrial property to 10%
in 1998 and a further 5% in the year 1999 and 2000; and requested that a resolution be
formulated through the/:inance Department advising the Provincial government, and the
Minister of/:inance that the City of Niagara/:ails finds the tax increases unacceptable.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
a resolution be fo,~ulated through the/:inance Department advising that the City of
Niagara/:ails finds the tax increases unacceptable and that the resolution be forwarded
on to the Provincial government, the Minister of Finance, our M.P., the Regional Chair, the
Opposition Party (/:inance critics) and the Association of Municipalities of Ontario (A.M. 0.)
Carried Unanimousl. v.
During the discussion, it was suggested that Mr. Bart Maves, M.P.P. be requested
to attend at a future Council meeting to discuss the tax concerns and address comments
made in a constituency letter forwarded to residents of Niagara/:ails.
ORDERED on the motion of AIdern)an Campbell, seconded by Alderman Pietrangelo, that
Mr. Bart Maves, M.P.P. be requested to attend a future Council meeting to discuss the tax
concems and address comments made in his constituency letter. Carded Unanimously.
~[1 ] l[ Il [l~llll I
- 3 -
COMMUNICATIONS
Communication No. 87. The City of Windsor- Re: Licensing of Bingo Lotteries. The
communication requests that Council support a resolution petitioning the Provincial
government to provide a commitment to Ontario municipalities to maintain the status quo
with respect to the operation of bingo lotteries by charitable organizations since the present
system of operation of these events generates significant revenues for charitable
organizations in the Province from the direct efforts of charities and the system is regulated
well by the Alcohol and Gaming Commission of Ontario.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the request be supported. The motion Carried with Aldermen Craitor, Cummings,
Michalczyk and Wing abstaining from the vote on conflicts of interest previously noted and
with all others voting in favour.
Communication No. 88 - Correspondence signed by Ed and Irene Rapanaro; James
and Margaret Lepere; Bruce and Brenda Vandersluys; Don and Nancy Truesdale and
attaches a petition with 75 signatures - Re: Closure of Walkway No. 14 between
Edenwood Court and Green Boughs Road. The communication expresses various
concerns regarding the walkway and requests that the walkway be closed.
- AND -
Communication 89 - Mr. Greg Dixon - Re: Closure of Walkway No. 14. The
communication provides a response to the closure of Walkway 14 between Green Boughs
Road and Edenwood Court.
Following some discussion, on the motion of Alderman Cummings, seconded by
Alderman Pietrangelo, that the matter be deferred for two weeks. The motion was
Defeated.
Following further discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alde~-~an Feren, that the walkway be closed. The motion Carried.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the correspondence be received and filed. Carded Unanimously,
REPORTS
MW-98-f$'/ - Chief Administrative Officer - Re: Contract 98-'/68-98; Garner Road
Watarmain Replacement. The report recommends that the unit prices submitted by the
Iow tenderer, V. Gibbons Contracting Ltd. Be accepted and the by-law be passed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
See By-law No. 98-219
MW-98-'/56 - Chief Administrative Officer - Re: Anti-Whistling Lundy's Lane; Mile
26.37 Stamford Subdivision. The report recommends that the By-law appearing on
tonight's agenda for Anti-Whistling at the above location be approved.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
See By-law No. 98-218
R-98-54. Chief Administrative Officer- Potential Closure of Niagara Falls Secondary
School (NFSS). The report recommends for the information of Council.
ORDERED on the motion of alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carded with Aldermen Campbell and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
,~[I I I I B IIlll~l I
- 5 -
Ron Sunstrum, 8089 Marcon Street, commented that Marcon Street was
becoming a collector road and expressed concerns regarding the safety of children in the
area due to increased traffic; indicated there was no direct route for fire trucks or
ambulances; commented on the depth and shape of the proposed lots and advised this
did not conform to the plan..
Jeff Wallis, 8156 Alpine Drive, indicated that the residents in the area would like
to sit down with the developer and discuss their concerns as they have a "vested interest'
in their homes.
Ms. Jean Grandoni, expressed her opposition to the proposal; and indicated that
the development was very close to the old creek bed which would result in flooded
basements in the future; and was of the opinion that hazard land was not to be used as
parkland..
Dot Britton, 8066 Marcon Street expressed concerns regarding the removal of the
subdivision sign; lack of parks in the area; the issue of multiple dwellings, relating to
tenement style of housing; and increased traffic in the area.
John Anstruther, 8114 Alpine Drive, requested clarification on the availability of
parkland in the area and requested what had been set aside for parkland and did it
conform with what the City requires in subdivision development for parkland.
Mr. Eric Henry, developer, provided clarification on the issue of removal and
replacement of signs in the development.
Mr. Victor Muratori provided clarification with respect to parkland dedication;
advised that the development would not impact on the traffic on Marcon Street as the exit
was onto Kalar Road.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to meadow Creek (Phase II) Draft Plan of
Subdivision closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that all
comments be referred to staff for review. Carried Unanimousl. v.
PD-98-135 - Chief Administrative Officer- Re: Subdivision & Zoning By-law
Amendment Application; Orchard Grove Extension Draft Plan of Subdivision; AM-
22/98; Applicant: 800460 Ontario Ltd., Eric Henry. The report recommends the
following:
1. That the revised Orchard Grove Extension Draft Plan of Subdivision be approved
subject to the conditions in the attached Appendix;
2. That Council agree to waive the fee for a minor variance application which is
necessary to realign the Magnolia Drive and Beaverdams Road intersection;
3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
4. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
- AND -
Communication No. 90 - Mr. G. Mallouk, 7856 Rysdale Street. The communication
advises that the residents were objecting to the issue of the availability of the report; and
to the entrance to the site off Beaverdams Road; and suggests for a continuation of
Rysdale street as an entrance to the proposed subdivision for the safety of present
residents and the children in the area.
- AND -
Communication No. 91 - Ms. Jean Grandoni, R. R. #1, Garner Road. The
communication comments on various issues: the sanitary sewer system; lack of
Environmental studies and watershed plans.
- AND -
Communication No. 92 - Rob Nicholson, Q.C., on behalf of Mr. Piara Singh Hansra,
Fontaine Bleu Motel The communication expresses concerns with respect to having
residential development directly behind a tourist/commercial establishment.
The Director of Planning and Development commented on the concerns expressed
by residents of Beaverdams Road with respect to moving the road slightly to the north and
respecting minor design changes to the lands east of the development; referred to Ms.
Grandoni's concerns on the issue of storm water management and noted that the storm
water management report was part of the condition of approval and advised that the
developer was looking at preserving as many trees as possible.
Mr. Rob Nicholson, Solicitor, on behalf of the owner of the Fontaine Bleu Motel,
expressed concems with respect to the problems that could be encountered by having
residential development directly behind a tourist/commercial establishment; requested that
consideration be given to having the entrance placed further north; advised that his client's
options have been narrowed due to the configuration of the proposed subdivision.
Ms. Italia Gilbertti, Solicitor provided a summary of events respecting the Racine
property consisting of 4.6 acres of land, east of the proposal; stated the plan would
provide an efficient development of Mr. Racine's land as outlined in the posted sketches,
conditional upon the developer continuing the services placed west of the Racine land to
permit connection and hook up of same; and conditional upon the developer granting
sufficient easements over one of the lots for connections to sanitary and storm sewers and
water. She advised that discussions held with the principals of the Fontaine Bleu Motel
and Mr. Nicholson, it was noted that they had no interest in developing their lands abutting
Mr. Racine's land to the south; and they opposed the extension and location of the street
up to Mr. Racine's land; she advised that the proposed plan could only be supported if
Spring Blossom was extended to Mr. Racine's land as indicated along with the two
conditions as outlined.
Ms. Charlene McKay, 5566 Green Avenue referred to Rysdale Avenue being a
major route for school children; expressed concerns regarding pedestrian safety; lack of
sidewalks and lack of adequate parkland or playgrounds for the children in the area;
requested that the Parks and Recreation Department look into the matter of considering
parkland in the area; and presented - Communication No. 93 - Petition, headed by
Tracey & Dave Vale - expressing concerns regarding the design of the subdivision and
its impact to the existing neighbourhood.
Ms. Jean Grandoni discussed the deficiency in parkland dedication and referred
to the conditions of draft plan approval.
The Director of Parks, Recreation and Culture responded that 5% in land dedication
would have been less than an acre, so 5% cash-in-lieu was requested from the developer.
!11 I II Ili lllllBI I
- 7 -
Dave Bell, referred to the increased traffic flow; expressed safety concems for
the children in the area and the issue of open ponds in the area.
The Director of Parks, Recreation and Culture provided clarification on fencing off
the area around the proposed ponds and advised that two of the ponds were to be used
for skating purposes; she further indicated that once modifications were made, the ponds
would be safe for the children in the area.
Mr. A. Smith, 7936 Beaverdams Road advised that several residents were in
support of the proposal, as this would bring about a four-way stop at Beaverdams Road.
Mr. Victor Muratori, Solicitor, advised that the park that was designed for Orchard
Grove Phase I had become a nature park, not a playground area; referred to the concerns
of the Fontaine Bleu Motel and how to integrate the future Racine land with potential joint
development.
Following the discussion, it was ORDERED on the motion of Alderman Puttick ,
seconded by Alde,,an Fisher, that the report be received and adopted. Carded
Unanimousl. v.
Following further discussion, it was ORDERED on the motion of Alderrr~an
Pietrangelo, seconded by Alderman Feren, that staff investigate the Rysdale Street area
with respect to street lighting, sidwalks and curbs and further that the matter of a 3-way
stop in the area be referred to the Parking and Traffic Committee. Carded Unanimously.
PD-98-136 - Chief Administrative Office r- Re: Application for Site Plan Approval;
SPC-32/98; 7190 Morrison Street; Proposed Retail Building. The report recommends
that Council approve the site plan for a 16, 000 sq. Ft. retail building (Building E) that will
form part of the First Niagara Developments site located on the southwest comer of
Mordson Street and Dorchester Road, conditional upon there being no appeals to the
variance application affecting this development.
Ms. Debbie Pacchiarotti, Development Co-ordinator, First Niagara
Developments Limited, advised that the group wished to proceed with the development
of Moore's Suits in the unit of 5005 square feet, and indicated that the condition to site plan
approval could seriously jeopardize the implementation of the whole project pending a
possible lengthy Ontario Municipal Board Hearing and requested Council approval of the
application based on its site plan merits and allow the flexibility to proceed independently
with the Moore's Suit unit.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Feren, that the condition in the recommendation report be
removed. Carded Unanimousl. v.
PD.98-137 - Chair, LACAC - Re: Heritage Negotiations, Vincor (formerly Bright's)
Winery Building; 4887 Dorchester Road. The report recommends that City Council
support LACAC in its efforts to secure the preservation of the historic portions of the former
Bright's Winery Building and recognize the historic importance and contribution made to
the wine industry in the City, Province and Country.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrengelo, that
the report be received and adopted. Carried Unanimously.
RA TIFICA TION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIde¢rr~an Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening, be approved:
~!11 I I I II [1~111[ I
1. In Camera Session:
HR-98-10 - Stage 4 - (City Council) Grievance 98-09 - Niagara Falls Professional
Fire Fighters Association - that the Committee supports the information contained
in Mr. Lustig's memorandum to the Association of June 24, 1998, and that
notification will be provided by management pdor to change of the practice;
R-98-57 - that the approximate cost of $2,000.00 to obtain an Appraisal be equally
cost-shared between the City of Niagara Falls and Mr. DeGiorgio (Country Village
Heights Ltd.);
That AGRA Earth 7 Environmental Limited be retained at an estimated cost of
$8,500. O0 to provide updated Environmental Site Assessment reports on a Niagara
Falls property.
2. Regular Session:
Adoption of the minutes of the October 19th, 1998 Corporate Services
Committee;
Report F-98-53 - Comparison of Residential Municipal Costs - that the report be
received for information;
Report F-98-54 - TreasureYs Wdte-Off - that the business accounts attached to the
report be removed from the City's accounts;
Report F-98-55 - Municipal Accounts - approval of the Municipal Accounts totalling
$655,038, 02 forthe pe#od ending October26, 1998;
Report F-98-56 - 1998 Financial Update - that the report be received for information;
Report F-98-57 - Reduced tax Rate for Designated properties - that the report be
deferred pending more information from the Province on tax rates;
Report F-98-58 - Tax Balances at September30, 1998 - that the report be received
for information;
Report F-98-59 - That the revised Collection and Registration Procedures be
approved;
Report R-98-59 - Canada Millennium partnership Program - City of Niagara Falls
Community Projects - that Council support the list of p#odtized projects for
submission to the Millennium Bureau of Canada for funding assistance;
That the request for additional funding for the Thorold Cobras Soccer Team be
received and filed;
That the amount of $100. O0 be approved to support the annual fund-raise for the
Stamford Lioness Club;
That the request for financial assistance from the parent Council at Sacre Coeur
School, We/land, be received and filed;
That the City purchase ten tickets for the Greater Niagara General Hospital fund-
raise at a cost of $400.00.
Ill { II { IIn l I ,
- 9 -
That a report be prepared on the feasibility of recommending a "Showmobile" for
funding under the Canada Millennium Partnership Program.
Carried
See By-law No. 98-227
CD-98-38 - Chief Administrative Officer- Re: Chippawa Business Improvement Area.
The report recommends that Council pass the by-law appearing on this evening's agenda
designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carded with Alderman Fisher voting contrary
to the motion.
See By-law No. 98-221
CD-98- 39 - Chief Administrative Officer- Re: Clifton Hill Business Improvement
Ares. The report recommends that Council pass the by-law appearing on this evening's
agenda designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously
See By-law No. 98-222
CD-98-40 Chief Administrative Officer- Re: Fallsview Business Improvement Area.
The report recommends that Council pass the by-law appearing on this evening's agenda
designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and ado_~ted. Carded Unanimously
See By-law No. 98-223
CD-98-41 - Chief Administrative Officer- Re: Lundy's Lane Business Improvement
Area. The report recommends that Council pass the by-law appearing on this evening's
agenda designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and ado_[~ted. Carded Unanimously
See By-law No. 98-224
CD-98-42 - Chief Administrative Officer- Re: Main and Ferry Business Improvement
Area. The report recommends that Council pass the by-law appearing on this evening's
agenda designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and ado_[~ted. Carded Unanimousl_v
See By-law No. 98-225
CD-98.43. Chief Administrative Officer. Re: Victoria Avenue Business Improvement
Area. The report recommends that Council pass the by-law appearing on this evening's
agenda designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimousl_v
See By-law No. 98-226
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Michalczyk, that
the actions taken on the following matters by Committee-of-the-Whole, earlier this evening,
be approved:
,~lll [ I I I! flllll[ I
10 -
1. The Agreement of Purchase and Sale between 158739 Canada Inc. and the City
of Niagara Falls regarding 100 acres on Lot 135 on Lundy's Lane - that the
numbered company be given 30 days to pay the required $25,000 deposit which
they are in default of and further, to file completed planning applications with the
Planning Department within the same 30 days or the Agreement would be
terminated;
2. That the Niagara Falls Humane Society voluntarily agree, in writing, not to sell 1999
dog licences, failing which the City Solicitor be authorized to make an application
to the courts for an injunction to restrain the Humane Society from selling 1999 dog
licences and all necessary accountings and to take all necessary steps in that
regard.
Carded Unanimously.
RESOLUTIONS
NO. 49 o PIETRANGELO. VOLPATTI. RESOLVED that a letter of condolence be
forwarded to the family of the late Antonietta Mazzei, mother of former City employee,
Frank Mazzei and grandmother of Lydia Picca of the Clerk's Department.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimousl. v.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98-218 A by-law to amend By-law No. 7142, 1966, being a by-law to prohibit the
sounding of any railway engine whistle in respect of certain highway
crossings within the limits of the City of Niagara Falls.
98-219 A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. Respecting Garner Road Watermain Replacement from
McLeod Road to Brown Road.
98-220 A by-law to authorize the execution of an agreement with Proctor & Redfem
Limited respecting a Consulting Agreement for the municipal infrastructure
data standard.
98.221 A by-law designating the area shown as a Business Improvement Area -
Chippawa Business Improvement Area.
98-222 A by-law designating the area shown as a Business Improvement Area -
Clifton Hill Business Improvement Area.
98-223 A by-law designating the area shown as a Bus/ness Improvement Area -
Fallsview Business Improvement Area.
98-224 A by-law designating the area shown as a Bus~ness Improvement Area -
Lundy's Lane Business Improvement Area.
98-225 A by-law designating the area shown as a Business Improvement Area -
Main & Ferry Business Improvement Area.
98-226 A by-law designating the area shown as a Business Improvement Area -
Victoria Avenue Business Improvement Area.
![1 1 Il la [lilt
11
98-227 A by-law to authorize monies for General Purposes (October 26, 1998).
98-228 A by-law to amend By-law No. 79-200, as amended. (Warren Woods)
98-229 A by-law to amend By-law No. 79-200, as amended (AM-30/98, Queensway
Frae Methodist Church)
The motion Car~ed with Aldermen Craitor, Cummings and Michalczyk abstaining from the
vote on By-law No. 98-227 on conflicts of interast praviously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alde,~nan Pietrangelo, that
the following by-laws be now read a second and third time:
98-218 A by-law to amend By-law No. 7142, 1966, being a by-law to prohibit the
sounding of any railway engine whistle in raspect of certain highway
crossings within the limits of the City of Niagara Falls.
98-219 A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. Respecting Garner Road Watermain Replacement from
McLeod Road to Brown Road.
98-220 A by-law to authorize the execution of an agraement with Proctor & Redfem
Limited raspecting a Consulting Agreement for the municipal infrrastructura
data standard.
98-221 A by-law designating the area shown as a Business Improvement Area -
Chippawa Business Improvement Araa.
98-222 A by-law designating the araa shown as a Business/mprovement Araa -
Clifton Hill Business Improvement Araa.
98-223 A by-law designating the araa shown as a Business Improvement Araa -
Fallsview Business Improvement Araa.
98.224 A by-law designating the area shown as a Business Improvement Area -
Lundy's Lane Business Improvement Area.
98-225 A by-law designating the araa shown as a Business Improvement Area -
Main & Ferry Business Improvement Araa.
98-226 A by-law designating the area shown as a Business Improvement Araa -
Victoria Avenue Business Improvement Area.
98-227 A by-law to authorize monies for General Purposes (October 26, 1998).
98.228 A by-law to amend By-law No. 79-200, as amended. (Warren Woods)
98-229 A by-law to amend By-law No. 79-200, as amended (AM-30/98, Queensway
Frae Methodist Church)
The motion Carried with Aldermen Craitor, Cummings and Michalczyk abstaining from the
vote on By-law No. 98-227 on conflicts of interast praviously noted and with all others
voting in favour.
-12-
NEW BUSINESS
Roller Blades and Skate Boards
Alderman Shirley Fisher referred to individuals using City streets for their roller
blading and skate boarding activities. She was advised by the Director of Parks &
Recreation that meetings are being held with the Boys & Girls Club regarding the utilization
of a proposed building for this activity and that a report would be brought back to Council
on the matter.
Victoria Avenue Parkino_
Alderman Shirley Fisher expressed concerns regarding inappropriate signage with
respect to parking in the Victo#a Avenue area; she was advised that a parking by-law
regarding commercial parking lots was being finalized and would be coming back to
Council.
Development of Park Properties
His Worship Mayor Thomson referred to the issue of park properties and the lack
of development in our parks and indicated that the matter had to be addressed; he
requested that a report be prepared by Parks, Recreation and Culture, to include input from
the development community, with respect to the development of park properties through
changes in the subdivision plans
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
matter of the development of park properties through changes in the subdivision plans,
including input from the development community be referred to the Parks & Recreation
Department for a report. C¢~rrled Unanimousl_v.
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
meeting be adjoumed. Ca~ed Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK THOMSON, MAYOR
I I III1111 I
TWENTY-SEVENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 2, 1998
Council met on Monday, November2, 1998 at 4:30 p. m. in Committee-of-the-Whole.
All members of Council, were present. Alderman Patdck Cummings presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR MEETING
Council Chambers
November 2, 1998
Council met on Monday, November 2, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were in attendance.
Alderman Selina Volpaffi offered the Opening Prayer
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
Minutes of the October 26, 1998 Regular Council meeting be adopted as printed. Carried
Unanimousl. v.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-98-60,
Cheque Nos. M92432; M92427; 240814; M92429; 240831 and M92428 because members
of their families are employed by the Region.
Aldermen Campbell and Pietrangelo indicated pecuniary interests on the Deputation
from Diamond Jubilee School and Communication No. 103, the Township of West Nissoud
because they are employed by the District School Board of Niagara.
Alderman Michalczyk indicated a pecuniary interest on Report Nos. FS-98-12 and
F-98-60, Cheque No. 240850 because he is a volunteer firefighter.
~III II II1 I1~1111 ~1 i
PRESEN TA TIONS
His Worship Mayor Thomson presented a token of appreciation to Mr. Gord
Singleton in honour of his recent win of two Gold medals for Canada at the World Masters
Cycling Championships held this September in Manchester, England.
Mr. Singleton donated his 1982 Championship Cycling Shirt to the City of Niagara
Falls in appreciation of their support.
DEPUTATIONS
Falls Manau_ement Com=any/l-I_vatt Group
His Worship Mayor Thomson welcomed and introduced Mr. Richard Schulze,
President, Falls Management Company, who introduced the Executive members of the
group and discussed the following major elements on which the Falls Management's
plans were based: the full endorsement of the Gateway Project; the commitment to
keeping Niagara Falls the primary attraction; the provision of quality facilities and sen/ices;
the protection of the Falls and the Niagara Parks; engaging in a partnership with the City
and the business community.
A review of the various components of the City's $500 million permanent casino
complex was presented through the use of s/ides, including the proposed People Mover
Monorail System; a 350-room Hyatt-Regency Hotel, Marineland's "River Country", a
transportation system consisting of boats and antique trains displaying different species
of animals and animated dinosaurs; a 72,000 square foot Convention Centre; Recreational
and Entertainment facilities; a 12, 000 seat Outdoor Theatre and "high-end" Specialty Retail
Shopping facilities.
Discussions ensued with respect to the estimated value of the completed project;
the future of the interim casino; the time frame of the planning process.
In response to questions raised, Mr. Schulze advised that meetings are scheduled
to meet with the Consultants to review their assumptions; and statated that through an
affiliation with Universal Studios Concerts, there would be an opportunity to attract 'top
name' entertainment to the complex; as well as having the venue for local arts groups to
utilize the facilities.
His Worship Mayor Thomson expressed his appreciation, on behalf of the City, to
the Falls Management and Hyatt group for their presentation and of the City looking
forward to working with them on the project.
Diamond Jubilee Parents Advisor_ Committea
Mrs. Celeste Smith, Chairperson, Diamond Jubilee Parents Advisory
Committee, was in attendance along with several parents and school children from
Diamond Jubilee School and expressed concerns with respect to the Provincial
government's preference in having "mega schools'; commented on the positive aspects
of having a smaller school along with two students who explained what Diamond Jubilee
School meant to them and how the closure would impact on them, if their school closed.
~1:1 I1 I I I! IIHII~I I
Following the discussion, it was ORDERED on the motion of Aide/Than Cummings,
seconded by Alderman Wing, that Council supports the parents and students of Diamond
Jubilee in their efforts with the School Board to keep Diamond Jubilee School open. The
motion Carried with Aldermen Campbell and Pietrangelo abstaining from the vote on
conflicts of interest previously noted and with all others voting in favour.
The Nia~_ara Alcohol and Druu_ Assessment Service
Ms. Lisa Root and Ms. Kathy Dykstra, the Niagara Alcohol and Drug
Assessment Service, discussed the Niagara Alcohol and Drug Assessment Service
program, presented through the Ontario Substance Abuse Bureau (Ontario Ministry of
Health), and offering confidential and professional counselling services for individuals and
their families affected by a gambling problem; referred to the type of gambling problems;
the type of clients and the degree of success.
His Worship Mayor Thomson expressed his appreciation to the presenters for their
attendance and wished them success in their endeavours.
Walkway 14 closure between Edenwood Court and Green Bou~_hs Road
Mr. Ken Harris, speaking on behalf of Mrs. Sherry Bates, made reference to
Council's decision to close walkway 14 at the Council meeting of October 26, 1998;
discussed the substantial number of residents wishing to have the walkway remain open;
and of a 75- signature petition favouring the closure of the walkway; he requested that
Council reconsider their decision and have the matter re-opened by holding public meeting
to provide an opportunity for all the residents to express their concerns.
Mrs. Margaret Lepere, 7284 Edenwood Court, read a statement on behalf of the
neighbours bordering the walkway which referred to the walkway as originally being sited
for access to a proposed school; indicating that there had been vacant lots on Edenwood
Court where there are now houses; there had been no through streets on Olden Avenue
where there are now two, three-way stops; stated that the fire department, at the time of
the investigation into the closure in 1993 had no objections to the closure; noted that the
City no longer maintains the walkways; refereed to 75 signatures in favour of the walkway
closure; and expressed concerns regarding vandalism; invasion of privacy, littering and
safety of the residents and children in the area.
- AND -
Communication No. 93a) . Sherry Bates, 7281 Edenwood Court. The communication
expresses concems respecting Council's recent decision to close walkway 14 between
Edenwood Court and Green Boughs Road. - AND - Communication No. 93b) - Sherry
Bates. The communication provides clarification on statements made at the October 26,
1998 Council meeting.
Communication No. 94 . Carol Berry, Niagara Regional Police Service. The
communication advises as having no records of incidents of vandalism for the walkway
between Edenwood Court and Green Boughs Road.
Communication No. 95 - Tyler Davis. The communication requests that the walkway
remain open.
IIII I I II1 Illllll I ~
Communication No. 96 - Brenda Vandersluys. The communication advises of a
prepared statement from the neighbours abutting Walkway #14 would be read by Margaret
Lepere.
Communication No. 97 - Julian and Christine Butyniec, 727f Edenwood Court. The
communication expresses opposition to the closure of the walkway and to the manner that
it was handled.
Communication No. 98 - Margaret Dunn, 7366 Edenwood Court. The communication
requests that Council consider the advantages of the walkway and that it remain open.
Communication No. 99 - Brenda Vandersluys. The communication advises as attaching
copies of Police reports and refers to correspondence from Mr. Duncan Moffet, with
respect to vandalism on his property.
Communication No. 100 - Area map of Green Boughs Road/Edenwood Court, and
attaching a petition headed by Ron & Sherry Bates.
Following the discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Feren, that Council reconfirms its decision to keep the walkway
between Edenwood Court and Green Boughs Road closed. The motion Carded with
Aldermen Cummings, Pietrangelo, Craitor and Michalczyk voting contrary to the motion and
with all others voting in favour.
COMMUNICATIONS
Communication No. 101- Veterans' Week - Re: Proclamation. That Council proclaim
the week of November 5th to November 11th, 1998 as "Veterans' Week"in the City of
Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. fO2 - Niagara Falls Optimist Club - Re: Proclamation. The
communication requests that Council proclaim the week of November 9~ to November 1~h,
1998 as "Youth Appreciation Week"in the City of Niagara Falls.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the request be approved subject to established policy. Carded Unanimously,
Communication No. 103 - Township of West Nissouri - Re: Resolution. The
communication requests that Council support a resolution petitioning the Provincial
govemment to ensure through proper levels of funding, that School Boards are not forced
to close rural schools.
ORDERED on the motion of AIde/~an Cummings, seconded by Alde,,an Feren , that the
communication be received and filed. The motion Carded with Aldermen Campbell and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
Communication No. fO4 - Mr. Greg Bailey, Festival Manager, Winter Festival of
Lights - Re: Fireworks Displays. The communication requests that Council approve the
holding of fireworks displays in the City of Niagara Falls, launched at the Ontado Hydro
Station in the gorge near the Horseshoe Falls on November 21, 1998 at 5:25 p.m.;
November 27, 1998 at 9:30 p.m.; December 11, 1998 at 9:30 p.m.; and December 31,
1998 at 9:15 p.m. and midnight.
ORDERED on the motion of Alderman Feran, seconded by Alde,,an Craitor, that the
request be approved subject to established policy. Carded
Unanimously.
I;I Il II fl II11#11 I
- 5 -
REPORTS
MW-98-151 - Chief Administrative Off'lcer - Re: Dedication of Parts of paddock Trail
Drive as Public Highway. The report recommends the following:
1. That part 11 Reference Plan 1881 be dedicated as public highway;
2. That the I foot reserve described in Instrument #40764 (fourthly) be dedicated as
public highway.
ORDERED on the motion of AIdefir~an Wing, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimousl_v.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Aldeirr~an Michalczyk, that
the actions taken on the following matters by Community Services Committee, earlier this
evening, be approved:
1. Adoption of the Minutes of the September 28, 1998 Community Services
Committee meeting;
2. IS-98-02 - 1998 Corporate Systems Upgrade - to approve Option 2 of the proposed
1998 Corporate Systems Upgrade;
3. Montrose Road Sidewalk - that the issue of realignment of the sidewalk on
Montrose Road near Lundy's Lane Cemetery be referred to staff for investigation;
4. Construction of Municipal Services on Lyon's Creek Parkway - that Mr. Denington's
request for reimbursement of costs related to Municipal Services on Lyon's Creek
Parkway be referred to staff with a report back to Committee Members;
5. FS-98-12 - Engineering Services - the expenditure of funds accrued through
development charges to engage De/can Corporation to provide engineering
services for the Fire Service Review, presently underway, in the amount of
$18, 450.00 plus G.S.T. - Alderman Michalczyk, conflict;
6. MW-98-160 - Operational & Maintenance Take Over by Regional Municipality of
Niagara of The Sanitary Pumping Station at Neighbourhoods of St. Davids - that the
Regional Municipality of Niagara be requested to take over the operation and
maintenance of the sanitary pumping station;
7. MW-98-161 - Deletion of Sidewalks on Michelle Court and Canterbury Crescent
(Katarina Subdiw'sion) - that sidewalks on the north side of Michelle Court and both
sides of Canterbury Court not be constructed; and that the schedule of works
(Schedule "B'~) contained within the Subdivision Agreement be amended to reflect
the deletion- Alderman Pietrangelo, conflict;
8. MW-98-163 - Structural Plan Examination Consultant- that Mr. William W.K. Wong
be retained as a Consultant on structural plan examination and the Mayor and City
Clerk be authorized to execute an agreement on behalf of the City with Mr. Wong
for this purpose;
9. Info~f~ation Item - Hydrant Flow Testing to be conducted on November 6, 1998 -
that info~ation be received on hydrant flow testing to be conducted on November
6, 1998 at various locations throughout the City.
The motion Carded with Alderman Michalczyk abstaining from the vote on Report FS-98-12
on a conflict of interest; and Alderman Pietrangelo abstaining from the vote on Report MW-
98-161 on a conflict of interest and with all others voting in favour.
See By-law No. 98-230
See By-law No. 98-236
F-98-60 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $22,055,844.68 for the
period ending November 2, 1998.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Aldermen Cummings, Craitor,
and Michalczyk, abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
See By-law No. 98-234
L-98-73 - Chief Administrative Officer - Re: Closing and Conveyance of Part of
Unopened Road Allowance Lying within the Limits of Property Known as 3520 Callan
Street. The report recommends to authorize staff to proceed with the closing of the
unopened road allowance lying within the limits of property known as 3529 Cai/an Street.
ORDERED on the motion of AIdef~/an Michalczyk, seconded by Aldem~an Craitor, that the
report be received and adopted. Carded Unanimously.
L.98-74 - Chief Administrative Officer- Re: The Ritz Motel Limited (Marriott Fallsview)
Licence Agreement with the City; North East Comer of Oakes Drive at Portage Road.
The report recommends that the City licence a portion of its lands at the north east comer
of Oakes Drive at Portage Road to The Ritz Motel Limited for the purpose of constructing
a sign to advertise its hotel business.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo , that the
report be received and adopted. Carded Unanimously.
RA TIFICA TION OF COMMITTEE-OF. THE. WHOLE ACTIONS
ORDERED on the motion of AIde,,an Cummings, seconded by AIdem~an Pietrangelo, that
the actions taken on the following matters by Committee-of-the-Whole, earlier this evening
be approved:
1. Henry DiCienzo Re: Notice of Application against the City of Niagara Falls Body
Rub Parlours By-law - that Notice of appearance be filed by the City and that the
City Solicitor be authorized to take all necessary steps to oppose the application;
2. Rigas Action & the City of Niagara Falls - that the matter be settled on payment to
Mr. Rigas in the amount of $13,000 including all costs, expenses and fees and
further that there be a final release against the both credits..
Carded Unanimousl. v.
RESOLUTIONS
NO. 50 - PIETRANGELO . CUMMINGS - WHEREAS the Honourable Emie Eves, Minister
of Finance, will introduce legislation obliging municipalities to limit tax increases related to
CVA - 10% in 1998, 5% in 1999, 5% in 2000; AND WHEREAS this legislation may be
retroactive to January 1, 1998 despite that fact that the 1998 Municipal Tax Rates have
been approved and that the tax billing process is finished; AND WHEREAS this legislation
obliges the re-use of voluntary mitigation tools to stay within the limits, causing the
Regional Tax Policy to be changed for 1998;
I!l I1 II I1 I1~1~I I
AND WHEREAS this legislation reopens the process for the setting of tax rates, causing
confusion to small businesses in determining their tax liability; AND WHEREAS this
legislation may only apply to commercial and industrial properties; AND WHEREAS the re-
use of voluntary mitigation tools may adjust the tax burden amongst the commercial and
industrial taxpayers so that a larger group will experience a tax increase causing
unnecessary hardship for properties deserving of tax decreaseS; THEREFORE BE IT
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls expresses
its displeasure and grave concerns to the Provincial Minister of Finance about the
introduction of new legislation for municipal taxation policy;
NOW THEREFORE BE IT RESOLVED THA T if the Provincial government proceeds with
legislation limiting taxation, that funding to compensate municipalities should come from
the Province as was the case with the City of Toronto
AND the Seal of the Corporation be hereto affixed.
Carded Unanimousl_v.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
98-230 A by-law to amend By-law No. 93-238, as amended, being a by-law to
appoint a chief building official and inspectors under the Building Code Act.
98-231 A by-law to establish part of Stamford Township Lot No. 98, designated as
Part 11 on Reference Plan No. 59R-1881, as a public highway, to be known
as and to form part of Paddock Trail Drive. (Re: MW-98-158)
98-232 A by-law to establish a one foot reserve as a public highway, to be known as
and to fo,, part of Paddock Trail Drive. (Re: MW-98-158)
98.233 A by-law to authorize a portion of City lands at the north east corner of
Oakes Drive at Portage Road be licenced to The Ritz Motel Limited for the
purpose of constructing and maintaining a sign to advertise its hotel
business.
98-234 A by-law to authorize monies for Genera/Purposes (November 2, 1998).
98-235 To authorize an agreement between the Royal Canadian Legion Branch 51
and The Corporation of the City of Niagara Falls regarding Branch 51 taking
possession of the German Field Gun located at the N.F. Armoury.
98-236 To authorize an agreement with Mr. W/I/lam W.K. Wong and the City of
Niagara Falls.
The motion C~rded with Aldermen Craitor, Cummings and Michalczyk abstaining from the
vote on By-law No. 98-234 on conflicts of interest previously noted and with all others
voting in favour.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
98-230 A by-law to amend By-law No. 93-238, as amended, being a by-law to
appoint a chief building official and inspectors under the Building Code Act.
~1~ II II1 IIIII!1 I ~
- @ -
98-231 A by-law to establish part of Stamford Township Lot No. 98, designated as
Part 11 on Reference Plan No. 59R-1881, as a public highway, to be known
as and to form part of Paddock Trail Drive. (Re: MW-98-158)
98-232 A by-law to establish a one foot reserve as a public highway, to be known as
and to form part of Paddock Trail Drive. (Re: MW-98-158)
98-233 A by-law to authorize a portion of City/ands at the north east comer of
Oakes Ddve at Portage Road be licenced to The Ritz Motel Limited for the
purpose of constructing and maintaining a sign to advertise its hotel
business.
98-234 A by-law to authorize monies for General Purposes (November 2, 1998).
98-235 To authorize an agreernent between the Royal Canadian Legion Branch 51
and The Corporation or,he City of Niagara Falls regarding Branch 51 taking
possession of the Gern?an Field Gun located at the N.F. Armoury.
98-236 To authorize an agreement with Mr. William WK. Wong and the City of
Niagara Falls.
The motion Carded with Aldermen Craitor, Cummings and Michalczyk abstaining from the
vote on By-law No. 98-234 on conflicts of interest previously noted and with all others
voting in favour.
NEW BUSINESS
Closure of Hotel Dieu Hospital
Alderman Shirley Fisher referred to the closure of Hotel Dieu Hospital in St.
Catharines and of the impact on fl?e community due to the loss of the special services
provided and suggested that a petition be circulated by the residents opposing the closure
of the hospital.
Following further discussior,, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Volpatti, that Council is not in support of any hospital closure that
would result in the reduction of specialized services of health care to our residents. Carded
Unanimousl.v.
Annual Festival of Trees
Alderman Victor Pietrangelo advised Council of the Annual Festival of Trees event
being held on November 7, 1998 tO raise funds for Heart Niagara.
Siqn at Mountain and Mewburn Road
Aldeir~)an Selina Volpatti expressed concerns with respect to the location and size
of a 2,400 square foot sign which Council had approved at the February 9, 1998 meeting
and suggested that in future such matters be referred to the Environmental Planning &
Greening Committee for review.
II I1 II I1 II~llll I
Fells FamH_v Feud Event
Alderman Selina Volpatti advised that the Falls Family Feud event was being held
on November 9, 1998 with Council vs, the Hospital, with funds going toward the capital
expenditures for the hospital.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WA YNE THOMSON, MA YOR
ill 11 [[[ [l~l[[[ I t
TWENTY-EIGHTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
November 9, 1998
Council met on Monday, November 9, 1998 at 6:15 p.m. in Committee-of-the-Whole.
All members of Council, were present. Alderman Shirley Fisher presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
............ WA .....
PLANNING MEETING
Council Chambers
November 9, 1998
Council met on Monday, November 9, 1998 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council, were present.
Alderman Victor Pietrengelo offered the Opening Preyer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-98-61, Cheque
No. 241038, because Acres is the recipient; and Cheque No. 241000, because a member
of his family is employed by the Region; and indicated a pecuniary interest on Report
CD-98-44 out of Corporate Services, because the organization he is involved with has
applied for funding.
Alderman Craitor indicated a pecuniary interest on Report F-98-61, Cheque No.
241000 because a member of his family is employed by the Region; and indicated a
pecuniary interest on the matter dealing with a funding request from the Welland Heritage
Council, out of Corporate Services, because he has a working relationship with the
organization.
Alderman Michalczyk indicated a pecuniary interest on Report CD-98-44 out of
Corporate Services because he is a member of the Chippawa Volunteer Firefighters.
Alderman Pietrangelo indicated a pecuniary interest on Communication No. 113a)
Sacred Heart School, because he is employed by the School Board.
- 2 -
Alderman Volpatti indicated a pecuniary interest on Report PD-98-139, because she
is Director of the company that has a business relationship with the proponent.
Alderman Wing indicated a pecuniary interest on Report F-98-61, Cheque No.
241020, because she is the Chair of the interest group; indicated pecuniary interests on
Report Nos. MW-98-168 and MW-98-169, and By-law No. 98-240, because a family
member resides on the effected street; and indicated a pecuniary interest on Report CD-
98-44 out of Corporate Services, because she is an Officer in the organization.
His Worship Mayor Thomson indicated a pecuniary interest on a Committee-of-the-
Whole matter dealing with Canadian Niagara Hotels.
pRESENTATIONS
Civic Ceremony to Commemorate Veterans' Week. November 5- ff. 1998
Following the piper leading the Colour Guard into Council Chambers, His Worship
Mayor Thomson presented certificates to the following representatives of the numerous
Veteran Associations in recognition of their contributions and achievements to Canada and
the community during Veteran's Week.
Frank Chadwick - British Canadian Veterans Association
Leon Dopke - Canadian Polish Veterans Society
Leonard D. Proteau - Korean Veterans Association
Ken Sloggett - Lincoln & Welland Regiment
Henry Gutowski - Merchant Navy Veterans Association
Stephen Boczar . Royal Canadian Air Force Association
William Anderson - Royal Canadian Legion Branch 51
John Lennox - Royal Canadian Legion Branch 396
Leslie Blackburn - Royal Canadian Legion Branch 479
Fred Skinner - Royal Canadian Naval Association
Beatrice M. Punch and Patrick J. Grealy
Following the presentations, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Wing, that the Civil Ceremony honouring the various Veterans
become an annual event. Carried Unanimousl.v.
DEPUTATIONS
Mr. Karl Dren, Manager, Parking & Traffic provided an overview of the
Neighbourhood Traffic Program through the assistance of overhead slides; advised that
the majority of complaints dealt with speeding; pedestrian and child safety; cut-through
traffic; increased traffic volumes and collision problems; discussed the traditional ways of
addressing community concerns such as enforcement, parking controls and all-way stop
controls; reviewed the programs presented today which include neighbourhood speed
control; all=way-stop controls and traffic calming; reviewed the disadvantages of traffic
calming being costly, manpower intensive and time-consuming; referred to future programs
including lower speed limits; speed humps and community safety zones; reviewed how the
process worked and how it will work in the future.
- AND -
RA TIFICA TION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
MW-98-165 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations, October 20, 1998 Meeting. The
report recommends the following:
#1 - MW-98-132 - Approval of Traffic By-laws - Region of Niagara - that City Council ask
the Regional Council to make application to the Province of Ontario to amend the Regional
Municipality of Niagara Act to permit the Region to pass a by-law eliminating the need for
the City of Niagara Falls to have the approval of Regional Council for Traffic by-laws to
come into effect and that City Council request the assistance from MPP's Bart Maves and
Tim Hudak;
#2 - MW-98-139 - Neighbourhood "Speed Watch" Program - that 1) a Neighbourhood
"Speed Watch" program using a portable radar message board be endorsed by the
committee; 2) that a Neighbourhood "Speed Watch" program be implemented by staff; 3)
that a portable radar message board be purchased from Mega- Tech at a approximate cost
of $4,000. O0 with the cost of the radar message board being offset (wholly or in part)
through local sponsorship;
#3 - MW-98-144 - Proposed Ali-Way Stop Control Policy - that 1) the attached policy
"Policy and Procedures for Initiating, Reviewing and Implementing an Ali-Way Stop
Control"
be adopted; 2) that the City of Niagara Falls Ali-Way-Stop Warrants be re-evaluated
following a 2-year implementation period;
#4 - MW-98-145 - Traffic Calming - Proposed Policy and Procedures - that 1) traffic
calming, using neighbourhood traffic control devices, be endorsed as an effective way in
reducing tratT/c impacts on residential neighbourhoods in the City of Niagara Falls; 2) that
the attached policy, "Policy and Procedures for Initiating Reviewing and Implementing
Neighbourhood traffic management Plans" be adopted; and 3) that $50,000 be allocated
from the Capital Works Budget on an annual basis for traffic calming projects, subject to
budget approval.
Following some discussion, on the motion of Alderman Volpatti, seconded by
Alderman Fisher, that Recommendation #1 be approved. The motion Carried with
Alde,,an Puttick voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that
Recommendations 2, 3 and 4 be approved. The motion Carded with Aldermen
Cummings an, d Puttick voting contrary to the motion and with all others voting in favour.
pLANNING MATTERS
PD-98-140 - Chief Administrative Officer- Re: Subdivision & Zoning By-law
Amendment Applications; Revised Garner Estates Draft Plan of Subdivision; Files:
26T-f1-9807 & AM.28/98; Applicant: River Realty Development (1976) lnc. The report
racommends~ the following:
1. That Council defer making a decision on the River Realty applications because of
outstanding servicing and park concems;
2. That the applications be targeted for further consideration by Council as soon as the
outstanding concerns can be addressed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimousl_v.
PD-98-138 - Chief Administrative Officer - Re: Zoning by-law Amendment
Application; AM-32/98, 7040 Thorold Stone Road and 7064, 7103, 7127, 7141, 7155
7167, 7181 & 7191 Burbank Crescent. The report recommends that Council approve the
zoning by-law which would remove site specific zoning by-law provisions that affect the lots
located on Burbank Crescent, having reverse lot frontages abutting Thorold Stone Road.
- AND -
Communication No. 105 - Mr. Larry Anzonvino, 7127 Burbank Crescent. The
communication expresses pollution and noise concerns; and the safety of his children due
to speeding vehicles.
Communication No. 106 - Mr. Anthony Roberto. The communication requests that the
City's by-law be changed to enable the erection of a fence by the Region.
His Worship Mayor Thomson declared the Public Meeting open 'and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on October 9, 1998.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
The Director of Planning and Development addressed the site specific provisions
in the City's Zoning By-law which prohibited owners of lots that back onto Thoreld Stone
Road to construct walls or fences along Thorold Stone Road and that the north facade of
these houses have the appearance of a building front elevation; and advised that staff
was recommending Council approval of the zoning by-law amendment.
Ms. Mary Adams, 7114 Burbank Crescent advised that she was in favour of the
deletion and requested that Council pass the by-law amendment.
In response to questions raised, the Director of Planning and Development advised
that under the Ministry of Transportation's jurisdiction, the MTO stipulates that owners
of the lots would require a permit to construct structures within 14 metres from their
property lines from the control access highway; and further advised that the Region would
be invited to attend the Environmental Planning and Greening Committee meeting to
discuss the matter of the wall construction.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-32-98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the application be approved. Carded Unanimousl_v.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the correspondence be received and filed. Carded Unanimousl_v.
See By-law No. 98-245
PD-98-139 - Chief Administrative Officer- Re: Official Plan and Zoning Amendment;
AM-13/93, Mr. Nick Altieri; 8310 Beaverdams Road. The report recommends the
following:
~1 Il I I I~ IIHII~! I
1. That Council support the modified Official Plan and Zoning By-law Amendment, AM-
13/93 subject to the following criteria:
i) the subject contractors shop and yard be limited to the lands south of the
creek;
ii) the creek bank be regraded and any buffer area be zoned hazard Land in the
Zoning By-law amendment;
iii) the applicant provide a 3-metre buffer from the reconfigured bank of the
creek or~ alternatively, a closed board fence at the creek bank to protect the
creek;
iv) the site be cleaned-up which shall include the following:
a) all derelict vehicles, non-operating equipment and construction scrap
is to be removed from the property;
b) all weeds are to be cut and the general appearance of the property
cleaned-up;
c) any debris in the creek is to be removed;
d) record of site condition by a qualified consultant indicating there is no
contamination of the site and if there is, how it can be cleaned-up;
2. That the applicant enter into a site plan agreement to implement the above criteria
as well as general landscaping and fending conditions and specifically the
conditions of the Regional Public Works Department;
3. That Council inform the Region and Ontario Municipal Board of its decision with
respect to these amendments.
- AND -
Communication No. 107 - Shirley Clair, 7901 Mulhern Street The communication
comments on the issue of protecting agricultural zones; the preservation of Beaverdams
Creek; and expresses opposition to the proposed zoning by-law amendment.
Communication No. 108 . Jean Grandoni, R.R. #1, Garner Road. The communication
comments on illegal dumping; drainage of the lands from the southwest is impeded;
expresses opposition to the proposed amendment; requests notification of the passage of
the amendments and suggests that Council proceed with court action.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on October 9, 1998.
His Worship Mayor Thomson received indication that Mr. Rocca, Solicitor, was in
attendance on behalf of the applicant and received a positive response to his request for
a show of hands bypersons present who were interested in the application. He requested
that all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
!] il II[ IIIll[I I i
The Director of Planning and Development provided a b#ef history of the subject
/ands; discussed the illegal uses on the site; the filling in of the tributary of Beaverdams
Creek; the long-term maintenance of the Creek; and the lack of a site plan agreement;
advised of the Ontado Municipal Board Hearing to be held on January 11, 1999 and of
the Board's Order that the applicant be required to clean up the site 30 days prior to the
January 11, 1999 Board Headng.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. John Bacher, 134 Church Street, St. Catharines, indicated his opposition to
the proposal and expressed concerns regarding the illegal uses on the site; referred to the
three approaches from staff dealing with the protection of the creek and suggested that
staff prepare another report with alternate recommendations.
Ms. Shirley Claire, 7901 Mulhern Street, reviewed and referred to her comments
submitted to Council in Communication No. fO7; and requested that Council deny the
application.
Ms. Jean Grandoni, R.R. #1, Garner Road, reviewed and referred to comments
made in her submission to Council in Communication No. 108.
Mr. Rocca, Solicitor, advised that there had been some illegal use of the site, but
that the owner was trying to rectify the matter.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-13/93 closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the
application be denied and that staff take all necessary steps to ensure the clean up of the
property. The motion Carded with Alderman Volpatti abstaining from the vote on a conflict
of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the
communications be received and filed. Carded Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the Minutes of the Regular Council Meeting of November 2, 1998 be adopted as printed.
Carded Unanimousl_v.
COMMUNICATIONS
Communication No. 109 - The Township of Hagerman - Re: Resolution. The
communication asks that Council support a resolution requesting that the Provincial
Government reinstate the "Cottage Pollution Control Program" to help protect fish and
wildlife.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
request be supported.
Communication No. 110 - The Corporation of the Town of Walkerton - Re: Gasoline
Taxes & Maintenance of Highways. The communication requests that Council support
a resolution to petition the Province of Ontario to share the gasoline tax in a fair and
equitable manner with Ontario Municipalities.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
request be supported. Carded Unanimousl_v.
Communication No. 111 . Heart & Stroke Foundation of Ontario, Person-to-Person.
Re: Proclamation. The communication requests that Council proclaim the month of
February, 1999 as "Heart and Stroke Month" and that the Mayor and members of Council
participate in a flag passing ceremony on February 1, 1999 prior to the Council meeting at
City Hall.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Cummings,
that the request be approved subject to established policy. Cardried Unanimousl_v.
Communication No. f 12 -Kinette Club of Stevensville- Re: Annual Fall Leadership
Conference. The communication advises of an Annual Fall Leadership Conference being
held on November 13~h, 14th and 1~~, 1998 and requesting permission to hold a small
fireworks display at the opening ceremonies on Fdday, November 13, 1998.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the request be approved subject to established policy. Carded Unanimousl_v.
Communication No. 113a) . Sacred Heart School, Playground Campaign - Re: Letter
of Endorsement. The communication requests that Council endorse the group's
Accessible Playground Project; - AND - Communication No. 113b) - Director of
Parks, Recreation & Culture.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that
Council endorses the comments of the Parks, Recreation and Culture Department.
The motion Carded with Alderman Pietrangelo abstaining from the vote on a conflict of
interest previously noted and with all others voting in favour.
REPORTS
MW-98-154 - Chief Administrative Officer - Re: Winter Sand 1998-1999 Season,
Regional Tender 98-T-20. The report recommends that the tender for supply and delivery
of winter sand, including the mixing of salt with this sand, be awarded to Vineland Quarries
for the unit prices tendered.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimousl_v.
MW-98-166 - Chief Administrative Officer - Re: Award of Contract 98-15, Supply of
Services for the Snowplowing of Parking Lots. The report recommends the following:
1. That Ken Warden Construction Ltd., be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 1;
2. That Niagara Commercial Contracting be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 2 and Area 3;
3. That the by-law appearing on tonight's Council Agenda be given the necessary
readings to authorize the execution of the tender for the supply of services for
snowplowing of parking lots in Area 1, Area 2 and Area 3.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carded Unanimousl_v.
See By-law No. 98-239
See By-law No. 98-243
MW-98-167 - Chief Administretive Officer- Re: Proposed New Committee Room #2.
The report recommends that staff be authorized to proceed with proposed plans to relocate
Committee Room #2 to the basement of City Hall and that staff report further on the
conversion of existing Committee Room #2 into new office space.
ri] [ I Iff [lllll'[ I i
3. F-98-61 - Municipal Accounts - that Municipal Accounts totalling $520,140.32 for the
period ending November 9, 1998 be approved- Conflicts: Craitor, Cummings, Wing;
4. Wheel World Car Exhibition - that a donation of $150. O0 be approved for the Wheel
World Car Exhibition;
5. Welland Heritage Council - Request for Funding - that the request for funding from
the Welland Multicultural Centre be received and filed- Conflict- Alderman Craitor;
6. That the correspondence from the U- 12 Adams Golf Girls Soccer be received and
filed.
The motion Carded with Aldermen Cummings, Michalczyk and Wing abstaining from
the vote on conflicts of interest on Report CD-98-44 and Aldermen Craitor, Cummings, and
Wing on Report F-98-61, on conflicts of interest previously noted; and Aldem-~an Craitor
indicated a pecuniary interest on the request for funding from the Welland Heritage Council
and with all others voting in favour.
See By-law No. 98-246
CD-98-45 - Chief Administrative Officer- Re: Downtown Business Improvement
Area. The report recommends that Council determine if they wish to pass a by-law
designating the area shown as a Business Improvement Area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimo(~ly.
See By-law No. 98-247
L-98-76 - Chief Administrative Officer. Re: Establishment of One Foot Reserves as
Public Highways; Lot 212, Plan M-29, Silvan Street, Block 43, Plan 59M-97, Grouse
Lane. The report recommends that the one foot reserves being Lot 212 on Plan No. M-29
and Block 43 on Plan No. 59M-97 be established as part of public highways, to be known
as Silvan Street and Grouse Lane, respectively.
ORDERED on the motion of AIde/~-~an Craitor, seconded by Alderman Campbell, that the
report be received and adopted. Carded Unanimousl. v.
See By-law No. 98-~38
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
following actions taken in Committee-of-the-Whole, earlier this evening be adopted:
1. That staff be authorized to prepare and issue Request for the proposal for security
measures at City Hall and to draft emergency response procedures for emergency
situations at City Hall and further that Trojan Security & Investigation Services Ltd.
Be retained to assist in the preparation for Request for Proposal;
2. That the City Solicitor be authorized to appear and oppose the motion for an interim
injunction and a Notice of action brought by Dean Kovinic with respect to the City's
Body Rub Parlour By-law and the licences which the City has issued;
3. Matter regarding the City vs Inn By the Falls and a number of companies - that an
appeal be filed immediately.
Carried Unanimousl_v.
BY-LAWS
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98.237 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
rill [ I I[[ [llll[[ I B
10-
98-238 A by-law to establish Lot 212 Plan No. M-29 and Block 43 Plan No. 59M-97,
as public highways, to be known as and to form part of Silvan Street and
Grouse Lane, respectively. (Re: Report L-98-76).
98-239 A by-law to authorize the execution of an agreement with Niagara
Commemial Contracting for the supply of services for the snowplowing of
Parking Lots in Areas 2 and 3. (Re: Report MW-98-166)
98-240 A by-law to authorize the execution of an agreement with Ebersole
Excavating Inc. respecting the 1998 Water System Improvement Program.
(Re: Report MW-98-169)
98-241 A by-law to authorize the execution of an agreement with Touchstone Site
Contractors Inc. respecting the supply and installation of fencing and gates
for various parks and cemeteries. (Re: Report R-98-61)
98-242 A by-law to authorize the execution of an agreement with Kirkpatrick &
O'Brine Ltd., respecting the repair of monuments at Willoughby United and
Drummond Hill Cemeteries. (Re: Report R-98-62)
98-243 A by-law to authorize the execution of an agreement with Ken Warden
Construction Ltd., for the supply of services for the snowplowing of Parking
Lots in Area 1.(Re: Report MW-98-166)
98-244 A by-law to amend By-law No. 79-200, as amended. (Re: AM-11/98, Italo
Canadian Centennial Club)
98.245 A by-law to amend By-law No. 79-200, as amended. (Re: AM-32/98,
Lots 1, 2, 22-28)
98-246 A by-law to authorize monies for General Purposes (November 9, 1998)
98-247 A by-law to designate an area as an Improvement Area and to establish for
such area a Board of Management.
The motion Carried with Aldermen traitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-246 on conflicts of interest previously noted; and Aldefir~an
Wing voting contrary to By-law Nos. 98-237, and 98-244, and abstaining from the vote on
By-law No. 98-240 on a conflict of interest previously noted and with all others voting in
favour.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-237 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
98-238 A by-law to establish Lot 212 Plan No. M-29 and Block 43 Plan No. 59M-97,
as public highways, to be known as and to forrr~ part of Silvan Street and
Grouse Lane, respectively. (Re: Report L-98-76).
98-239 A by-law to authorize the execution of an agreement with Niagara
Commercial Contracting for the supply of services for the snowplowing of
Parking Lots in Areas 2 and 3. (Re: Report MW-98-166)
98-240 A by-law to authorize the execution of an agreement with Ebersole
Excavating Inc. respecting the 1998 Water System Improvement Program.
(Re: Report MW-98-169)
· N! I1 I I I1 IIH#[I I
11 -
98-241 A by-law to authorize the execution of an agreement with Touchstone Site
Contractors Inc. respecting the supply and installation of fencing and gates
for vadous parks and cemeteries. (Re: Report R-98-61)
98-242 A by-law to authorize the execution of an agreement with Kirkpatdck &
O'Brine Ltd., respecting the repair of monuments at Willoughby United and
Drummond Hill Cemeteries. (Re: Report R-98-62)
98-243 A by-law to authorize the execution of an agreement with Ken Warden
Construction Ltd., for the supply of services for the snowplowing of Parking
Lots in Area 1.(Re: Report MW-98-166)
98-244 A by-law to amend By-law No. 79-200, as amended. (Re: AM-11/98, Italo
Canadian Centennial Club)
98-245 A by-law to amend By-law No. 79-200, as amended. (Re: AM-32/98, Lots 1,
2, 22-28)
98-248 A by-law to authorize monies for General Purposes (November 9, 1998)
98-247 A by-law to designate an area as an Improvement Area and to establish for
such area. a Board of Management.
The motion Carried with Aldermen Craitor, Cummings, Michalczyk and Wing abstaining
from the vote on By-law No. 98-246 on conflicts of interest previously noted; and Alderman
Wing voting contrary to By-law Nos. 98-237, and 98-244, and abstaining from the vote on
By-law No. 98-240 on a conflict of interest previously noted and with all others voting in
favour.
NEW BUSINESS
Notification of Rural Residents
Alderman Janice Wing referred to notification of rural residents when matters
affecting drainage are being considered.
ORDERED on the motion of Alderman Wing, seconded by AIdefir~an Craitor, that a report
be prepared by staff with respect to the notification of rural downstream residents when
matters affecting drainage are being considered. Carried Unanimousl. v.
Plaoue Dedication
Alderman Janice Wing advised Council that through LACAC, a plaque dedication
was being held on November 11, 1998 at the Niagara Falls Armour, and invited everyone
to attend.
Billboard Issue as of Ri~lht
Alde~r~an Selina Volpatti requested that staff prepare a report on the areas where
there is "Open Space Allowance" of Billboards (as of right).
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
a report on the areas where there is "Open Space Allowance" of Billboards (as of right).
Carried Unanimousl_v.
· 'IB [ I I[I Illllll I [
12 -
lan Strathern Funding Matter
Alderman No~ Puttick requested either a report from the Chief Administrative
Oft'lcer or that Mr. David Strathern be invited to Council to discuss the status of his son's
government funding.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
TH/ENTY-NINTH MEETING
REGULAR MEETING
Council Chambers
November 18, 1998
Council met on Monday, November 18, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Puttick, were present. Alderman Paisley Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
Alderrr~an Wing requested that the Minutes of Planning/Regular Meeting of
November 9, 1998 be amended to reflect her conflicts on Report MW-98-169 and on By-
law No. 98-240.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Planning/Regular Council Minutes of November 9, 1998 be adopted as amended.
Carried Unanimousl_v.
DISCLOSURES OF PECUNIARY INTERESTS
Aldefi~en Craitor and Cummings indicated pecuniary interests on Report F-98-63,
Cheque No. M92461 because members of their families are employed by the Region.
Alderman Orr indicated a conflict of interest on the Niagara Falls Midget AAA matter
out of Corporate Services Committee, because a member of her family plays for the team;
and on Report L-98-67, because a member of her family is employed by the applicant.
Alderman Pietrangelo indicated a pecuniary interest on the matter dealing with the
Christmas Food Drive and on Report MW-98-162 from the Parking & Traffic Committee,
because he is employed by the School Board.
Alde~-~an Wing indicated a pecuniary interest on Communication No. 214, because
she is an Executive in an organization that has applied for a grant.
PRESENTATIONS
Under 17 Boys Soccer Ontario Cu_o Champions
His Worship Mayor Thomson extended congratulations to the following team
members and coaches of The Cobras, soccer team; and presented tokens of appreciation
in recognition of winning the Under 17 Boys Soccer Ontario Cup.
Anthony Abbruscato Anthony Folino Mark Mulholland
Saverio Cristiano John Gallo Kevin O'Neill
Ben Davidson Simon Gatti Roberto Santopadre
Sandro DeAngelis Vince Lepiane Bradley Sharp
Paul Delano Gary MacNeill Dante Taddeo
Domenic Ella
III [ I III IIIII!1 I [
- 2 -
Canadian National Tra.D Shootino_ Charn.Dionsh(o
His Worship Mayor Thomson extended congratulations and presented a token of
appreciation to Gord Histrop, City Fireflghter, in recognition of winning The Canadian
National Trap Shooting Championships.
DEPUTATIONS
The 5~ Annual Wheel World Exhibition
Jim McBurney, on behalf of Wheel World, provided information on the gh Annual
Wheel Wodd Car Exhibition being held November 27~, 2g~, and 29t~, 1998 at the Skylon
Tower; presented a plaque to the City in appreciation of their support and extended an
invitation to members of Council and the community to the event.
Christmas Food Drive
Ida Astorino, a student at St. Michael High School, with a co-op placement at
Project S.H.A.R.E., discussed the upcoming Christmas Food Drive being held from
December 14 to December 11~, 1998; with the drop off point being at City Hall; she
advised that pick up dates of canned goods would be December 4~ and December 11th,
1998 and expressed thanks to Council and the City's Recreation Club for the co-ordination
of the food drive.
His Worship Mayor Thomson thanked Ms. Astorino for her attendance and wished
her all the best in her endeavours.
COMMUNICATIONS
Communication No. 214 - Ministry of Citizenship, Culture and Recreation - Re: Grant
Review Teams. The communication is seeking recommendations for membership on the
Grant Review Teams to review and make recommendations on grants to local charities for
community projects and who will work directly with the new Ontario Trillium Foundation.
ORDERED on the motion of Alderman Volpatti, seconded by' Alderman Feren, that the
correspondence be received and filed and with applications being available in the Clerk's
Department. The motion Carded with Alderman Wing abstaining from the vote on a conflict
of interest previously noted and with all others voting in favour.~
Communication No. 215 - Derek R. Costello - Re: Billboard at Mountain Road &
Mewbum Road. The communication provides comments and expresses concerns on
Council's decision with respect to the billboard at Mountain & Mewbum Roads.
ORDERED on the motion of Alderman Cummings, seconded by Alde,,an Janvary, that
the communication be received and filed for the information of Council. Carded
Unanimousl_v.
RA TIFICA TION OF PARKING & TRAFFIC COMMITTEE ACTIONS
ORDERED on the motion of AIderman Craitor, seconded by Alderman Michalczyk, that the
actions taken on the following matters by the Parking & Traffic Committee on
November 10, 1998, be approved:
II I1 II I111~IE;-~
MW-98-170, Chair, Parking & Traffic Committee. Re: Recommendations from the
November 10, 1998 Parking & Traffic Committee Meeting:
1) L-98-77- 1999 Agreement with the Canadian Corps of Commissionaires (Hamilton) -
that the sen/ices of the Canadian Corps of Commissionaires (Hamilton) be engaged for the
period from January 1, 1999 to December 31, 1999 for parking enforcement and security
purposes with an increase for administration from 23.25 % to 24% and no increase to
employee wages;
2) MW-98-133 - Temperance Avenue at Spring Street - Ali-Way Stop Request - that 1) an
all-way stop be installed at the intersection of Temperance Avenue at Spring Street; 2) that
the existing comer restriction on the east side of Temperance Avenue from spring Street
to a point 8 metres south be extended to a point 20 metres south; 3) that the existing
comer restriction on the east side of Temperance Avenue from Spring Street to a point 13
metres north be extended to a point 35 metres north; 4) that the existing comer restriction
on the west side of Temperance Avenue from Spring Street to a point 13 metres north be
extended to a point 24 metres north; 5) that a 20 metre comer restriction be implemented
on the north side of Spring Street east of Temperance Avenue;
3) MW-98-134 - Cardinal Drive at Canterbury Crescent- Intersection Control Review- that
a stop sign be installed on the north approach of Canterbury Crescent at Cardinal Drive;
4) MW-98-135 - Chippawa Parkway at Pell Street - Ali-Way Stop Request - 1) that a
40km/h speed limit be instituted from Portage Road to just southwest of Thomas Street;
2) that pedestrian Advance signs be installed along Chippawa Parkway in the area
beh~een Thomas street and Portage Road; 3) that an all-way stop control not be installed
at the intersection of Chippawa Parkway at Pell Street; and 4) that the Niagara Regional
Police be requested to enforce the 50 km/h speed limit on Chippawa Parkway;
5) MW-98-136 - Watson Street at Hodgson Avenue - Ali-Way Stop Request - that 1) an all-
way stop not be installed at the intersection of Watson Street and Hodgson Avenue; 2) that
a request be forwarded to the Niagara Regional Police to strictly enforce the 50 km/h legal
speed limit during periods children head to and discharge from school; 3) that Watson
Street be reviewed in the spring for the applicability of implementing Neighbourhood Traffc
Management Programs;
6) MW-98-146 - St. James/St. Peter/Colbome/St. John - Traffic Operations Review - that
1) this report be received for the information of the Committee; 2) that future issues
pertaining to cut-through trafffic in this area be deal through a Neighbourhood Traffic
Management Plan; 3) that staff investigate the possibility of closing the access to Colbome
to the Brewers Retail Store in it's review of the original site plan;
7) MW-98-147 - Expansion of Parking Meter Area - that 1) this report be approved in
principle, for implementation in Spring 1999 (subject to budget approval); 2) and be
forwarded to the affected BIA 's for discussion and comment prior to implementation;
8) MW-98-152 - Ryerson Crescent/Eastwood Crescent - Parking Review - that residential
permit parking be implemented for private homeowners on the outer circle of Ryerson
Crescent from McGlashan Crescent to Eastwood Crescent; 2) that residential permit
parking be implemented for private homeowners on the outer circle of Eastwood Crescent
from Wesley Place to Ryerson Crescent;
9) MW-98-153 - Belmont Avenue/Greendale Street - Heavy Vehicle Restriction - that a
heavy vehicle restriction be implemented on the entire length of Belmont Avenue and
Greendale Street;
I I III Illllll I
10) MW-98-154 - Willmott Street - Heavy Vehicle Restriction - that 1) a heavy vehicle
restriction including "No Buses" be implemented on Willmott Street from Victoria Avenue
to Valley Way; 2) that a heavy vehicle restriction including "No Buses" be implemented on
Simcoe Street from Victoria Avenue to Valley Way;
11) MW-98-155 - Fern Avenue at Barbara Drive - Ali-Way Stop Request - that an all-way
stop be installed at the intersection of Fem Avenue at Barbara Drive;
12) MW-98-157 - Mount Carmel Boulevard at South Wood Drive - Ali-Way Stop Request -
that I) an all-way stop not be installed at the intersection of Mount Carmel Boulevard and
South Wood Drive; 2) that a request be forwarded to the Niagara Regional Police to strictly
enforce the 50km/h legal speed limit on Mount Carmel Boulevard; 3) that Mount Carmel
Boulevard be reviewed in the spring for the applicability of implementing a Neighbourhood
Traffic Management Program;
13) MW-98-159 - Municipal Parking Lot #13 (Main Street) - Parking Lot Reconstruction -
that Contract 98-166-98 be withdrawn;
14) MW-98-162- Municipal Parking Lot 15 (McGrail A venue) - Request for Student Parking
(St. Ann's) - that I) St. Ann's Adult Leaming Centre be permitted to utilize Municipal
Parking Lot #15, Monday to Friday, 8:30 a.m. to 3:30 p.m. between October and May
inclusive; 2) that this matter be reviewed following a one-year trial period.
The motion Carried with Alderman Pietrangelo abstaining from the vote on Report
MW-98-162 on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 98-250
See By-law No. 98-251
RATIFICATION OF CORPORATE SERVICES ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
actions taken on the following matters by the Corporate Services Committee earlier this
evening, be approved:
1. Adoption of the November 9, 1998 Corporate Services Committee Minutes;
2. F-98-62 - United Way Review of Permissive Grant Applications - that the United
Way Review of Permissive Grants be received and referred to final budget
deliberations;
3. F-98-63 - Municipal Accounts - that the accounts totalling $660,967.79 for the
period ending November 16, 1998 be approved;
4. R-98-60 - Request for Financial Assistance for the Lighthouse Niagara Resource
Centre - that i) staff investigate the possibility of obtaining immediate financial
assistance in the amount of $1,000 through a local service group; ii) that staff
investigate the status of a bingo licence; iii) that the 1999 funding request be
referred to final budget deliberations; iv) that all documentation be forwarded to the
provincial Member of Parliament and the Minister of Community and Social Services
indicating the need for this type of organization and strongly urging their support for
this type of initiative;
5. Midget AAA Hockey Team - that an amount of $2,000 be approved for the Niagara
Falls Midget AAA Hockey Team to assist with expenses for the Richmond, B. C.
Invitational Hockey Tournament - Alderman Orr, conflict;
~'1 IT I I I1 IIHIll I
6. Recreation Commission - 1999 Budget Review - that the 1999 Recreation
Commission Budget be referred to final budget deliberations;
7. Arts 8, Culture Commission - 1999 Budget Review - that the 1999 Arts & Culture
commission Budget be referred to final budget deliberations;
8. Request for Interest on Deposits - that the correspondence from S. Stante be
received and filed;
9. Radar Signs - that the matter of radar signs be referred to the Parking & Traffic
Committee and to the Legal Department to determine the City's legal
responsibilities;
10. That a permit for the mural located at 5515 Stanley A venue be authorized and the
permit fee waived;
11. That Captain Gareth Green of the 10~h Battery, 56~ Field Regiment, Royal Canadian
Artillery, be appointed as Military Liaison to the City of Niagara Falls.
The motion Car~ed with Aldermen Craitor and Cummings abstaining from the vote on
Report F-98-63 on conflicts of interest previously noted; Alderman Orr abstaining from the
vote on a conflict of interest on the matter dealing with Niagara Falls Midget AAA Hockey
Team and with all others voting in favour.
See By-law No. 98-253
CD-98-46 - Chief Administrative Officer- Re: 1999 Council Schedule. The report
recommends that Council pass the By-law appearing on this evening's agenda adopting
a schedule of meetings for Council for 1999.
ORDERED on the motion of Alderman Cummings, seconded by Alder~an Michalczyk,
that the report be received and adopted. Carded Unanimously.
See By-law No. 98-249
L-98-67- Chief Administrative Officer- Re: Sign Permit Application for East Side
Marios. The report recommends that City Council approve the application for eleven (11)
wall signs for East Side Ma#o's Restaurant located at 5807 Ferry Street; four on the front
wall (south), four. on the east wall and three on the west wall.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldenr~an Michalczyk,
that the report be received and adopted. The motion Carded with Alderman Orr abstaining
from the vote on a conflict of interest and with all others voting in favour.
L-98-82 - Chief Administrative Officer- Re: Renewal of City Licence Agreement with
Ontario Realty Corporation; College Crescent at Palmer Avenue. The report
recommends that the City renew its licence Agreement with Ontario Realty Corporation for
the purpose of licencing a small parcel of property at College Crescent and Palmer Avenue
for resident permit parking.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
See By-law No. 98-252
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alden~an Pietrangelo,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
II II1 IlJllll I
98-248 A by-law to amend By-law No. 7142, 1966, being a by-law to prohibit the
sounding of any railway engine Whistle in respect of certain highway
crossings within the limits of the City of Niagara Falls.
98-249 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
98-250 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Heavy Vehicles, through Highways,
Speed Limit on Highways)
98-251 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
98-252 A by-law to authorize a Licence Agreement with Ontario Realty Corporation
for the purpose of permitting the City to use property at College Crescent and
Palmer Avenue for resident permit parking.
98-253 A by-law to authorize monies for General Purposes (November 16, 1998).
The motion Carried with Aldefi-~-~en Craitor and Cummings abstaining from the vote on By-
law No. 98-253 on conflicts of interest previously noted;
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-248 A by-law to amend By-law No. 7142, 1966, being a by-law to prohibit the
sounding of any railway engine Whistle in respect of certain highway
crossings within the limits of the City of Niagara Falls.
98-249 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
98-250 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Heavy Vehicles, through Highways,
Speed Limit on Highways)
98-251 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
98-252 A by-law to authorize a Licence Agreement with Ontario Realty Corporation
for the purpose of permitting the City to use property at College Crescent and
Palmer Avenue for resident permit parking.
98-253 A by-law to authorize monies for General Purposes (November 16, 1998).
The motion Carded with Aldermen Craitor and Cummings abstaining from the vote on By-
law No. 98-253 on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Letter of Condolence
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that a
letter of condolence be forwarded to the family of the late Lena Vaughan. Carded
Unanimousl.v.
Pictures in Council Chambers
Alderman Shirley Fisher advised members that the pictures in Council Chambers
were the courtesy of the Lundy's Lane Museum.
Best Wishes
Alderman Shirley Fisher advised that Mr. Norman Fortin and his wife Charlene of
Chippawa were relocating to Bracebridge and requested that a letter be forwarded to them
on behalf of the City, extending best wishes in their new endeavours.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that a
letter be forwarded to Mr. & Mrs. Norman Fortin of Chippawa, extending best wishes in
their new endeavours. Carried Unanimously.
Santa Claus Parade
Alderman Ed Michalczyk provided information on the Santa Claus Parade which
was being held on Saturday, November 21, 1998 at ~ 1 a.m. and invited everyone to attend
the festivities.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
· '11 [ I II1 IIII1~1 I r
THIRTIETH MEETING
COMMITTEE-OF- THE WHOLE
Committee Room #2
November 23, 1998
Council met on Monday, November 23, 1998 at 5:15 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Cummings, who was away
due to personal reasons, were present. Alderman Se/ina Volpatti presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
E.C'
WAYNE THOMSON, MAYOR
REGULAR MEETING
Council Chambers
November 23, 1998
Council met on Monday, November 23, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Patrick Cummings, who was away due to personal reasons, were present.
Alderman Ken Feren offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
Regular Council Minutes of November 16, 1998 be adopted as printed. Carded
Unanimously
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-98-64, Cheque No.
M92490 and 241334, because a family member is employed by the Region; and indicated
a conflict of interest on Report CD-98-47 from Corporate Sen/ices Committee, because he
has an association with a group that contributes funding.
III [ [ I~ Illll[I I r
Alderman Michalczyk indicated conflicts of interest on Report Nos. FS-98-13 and
CD-98-47 from Corporate Services Committee, because he is a volunteer flrefighter.
Alderman Wing indicated a pecuniary interest on Report F-98-64, Cheque No.
241352, because she is the Chair of the interest group; and indicated a conflict of interest
on Report R-98-63 from Corporate Services Committee, because a family member is
involved with one of the clubs
His Worship Mayor Thomson indicated pecuniary interests on a Committee-of-the-
Whole matter dealing with the Canadian Niagara Hotels Inc. and on Report PD-98-142.
PRESENTATIONS
His Worship Mayor Thomson presented a token of appreciation to Tina Ross in
recognition of her outstanding actions at the scene of a sedous car accident.
COMMUNICATIONS
Communication No. 216 - Ministry of the Attorney General. Re: Provincial Offences
Act Transfer Project. The communication advises that the Ministry of the Attorney
General would be working with seven demonstration sites regarding the Provincial
Offences Act Transfer Project.
ORDERED on the motion of Aldem~an Volpatti, seconded by Alderman Feren, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 217 - Dean Iorfida, Executive Assistant to the Mayor - Re:
Shining of a Single Blue Light during the Christmas Season, on behalf of Mrs.
Yvonne Zanussi. The communication requests that the local residents shine one blue
light during the Christmas season in recognition of those individuals in law enforcement
who died in the line of duty and in appreciation to all law enforcement personnel for their
protection of our communities.
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the
communication be received and filed and further that a Blue Light be placed in our
Municipal Building in support of policing in our community. Carried Unanimousl_v.
Communication No. 218 - Regency Hockey Club - Re: Special Occasion Permit.
The communication requests that Council consider an application for a Special Occasion
Permit to hold their Annual Men's Recreational Hockey tournament during the weekend of
November 26th through to November 29~h, 1998 at the Stamford/Jack Bell and Niagara
Falls Memorial Arenas.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the request be approved subject to the approval of the appropriate departments. Carried
Unanimously.
Communication No. 219 - Delcan . Re: Traffic Information Bulletin. The
communication advises of the temporary closures of Thorold Stone Road/QEW
Interchange (Montrose Road to Dorchester Rd.) on November 27, 1998 for approximately
7 days.
ORDERED on the motion of Alderman Janvary, seconded by AIderman Campbell, that the
communication be received and filed. Carded Unanimousl.v.
Communication No. 220 - John Ross, 4608 Queen Street - Re: Report CD-98-45,
Downtown Business Improvement Area. The communication provides comments on
the by-law designating an area as a business improvement area.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the communication be received and filed. Carded Unanimously.
REPORTS
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alde~r~an Campbell, seconded by Alderman Fisher, that the
actions taken on the following matters by the Corporate Services Committee eadier this
evening, be approved:
1. Adoption of the Minutes of November 16, 1996 Corporate Services Committee
meeting.
2. F-98-64 - Municipal Accounts - that the Municipal accounts totalling $916, 605. 24 for
the period ending November 23, 1998 be approved;
3. FS-98-13 - Fire Stations 4 & 5 - that the expenditure of funds, accrued through
Development Charges, be used to obtain the services of Chris Cristelli and
Associates to prepare the necessary drawings, field and shop reviews required for
the soon to be proposed addition and alterations to Fire Stations 4 (Chippawa) and
5 (Willoughby); with the total cost of these services being $8,250.00 plus G.S.T. -
Alderman Michalczyk conflict;
4. CD-g8-47- Bingo Operations in Niagara Falls; Lighthouse Niagara Resoume Centre
- i) that the stipulation requiring an organization to be in existence for five years prior
to obtaining a bingo licence be waived for the Lighthouse Niagara Resoume Centre
and that a six-month probationary period be imposed; ii) that information on the
Lighthouse Niagara Resource Centre be forwarded to the United Way for their
review ane comment- Aldermen Craitor and Michalczyk conflicts;
5. MW-98-172 - Request for Reimbursement of Costs; Lyons Parkway - M. Jeffrey
Denington - that Mr. Denington's request for the City to contribute towards his legal
costs in respect to Lyons Parkway be denied.
6. R-98-63 - Request from Stamford Summer Skating School for Reduced Ice Rental
Rate - that the Stamford Summer Skating School be charged $100 per hour, plus
G.S. T. for the 1999 Summer Season - Alderman Wing conflict;
7. That Resolution 98-5 - from City of Welland be received and filed;
8. That the 1999 Budget for Niagara Transit and Chair-A-Van be referred to final
budget deliberations;
9. That the 1999 Budget for the Board of Museums be referred to final budget
deliberations.
The motion Carded with Aldermen Craitor and Wing abstaining from the vote on
Report F-98-64 and Aldermen Craitor and Michalczyk abstaining from the vote on Report
CD-98-47; Alderman Michalczyk abstaining from the vote on Report FS-98-13 and
Alderman Wing abstaining from the vote on Report R-98-63 on conflicts of interest
previously noted and with all others voting in favour.
See By-law No. 98-259
I] [1 II[ Illl[ll ] ~
PD-98-141 - Chief Administrative Officer - Re: Rural Residents Notification. The
report recommends that Council receive and file the information as presented in the report.
ORDERED on the motion of AIderman Pietrangelo, seconded by AIderman Feren, that the
report be received and filed for information. Carried Unanimousl_v.
PD-98-f42 - Chief Administration Officer- Re: Application for Site Plan Approval;
SPC-38/98, Southwest comer of Bender Street and Falls Avenue; Proposed Planet
Hollywood. The report recommends that Council approve the site plan for the proposed
Planet Hollywood Restaurant located on the southwest comer of Bender Street and Falls
Avenue conditional upon:
1. The applicant obtaining a Building and Land Use Permit from the Ministry of
Transportation;
2. The applicant completing a traff'~c impact study to the satisfaction of the Director of
Municipal Works.
His Worship Mayor Thomson declared a conflict of interest previously noted, and
relinquished the Chair.
Alderman Wayne Campbell assumed the Chair.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimousl.v
His Worship Mayor Thomson resumed the Chair.
L-98.79 - Chief Administrative Officer- Re: Establishment of One Foot Reserves as
Public Highways; Block B Plan M-78- Citation Road; Block B Plan 59M-253 - Silvan
Street. The report recommends that the one foot reserves being Block B on Plan No.
M-78 and Block B on Plan No. 59M-253 be established as part of public highways, to be
known as Citation Road and Silvan Street, respectively.
ORDERED on the motion of AIde,,an Feren, seconded by AIderman Pietrangelo, that the
report be received and adopted. Carried Unanimousl_v.
See By-law No. 98-257
See By-law No. 98-258
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Craitor, seconded by Alder~an Orr, that the actions
taken on the following matters by Committee-of-the-Whole, earlier this evening, be
approved:
1. That the City Solicitor be directed to withdraw the six (6) charges on building without
a building permit against Canadian Niagara Hotels/nc. The motion Carried with the
following recorded vote:
For: Aldermen Campbell, Craitor, Michalczyk, Orr, Pietrangelo and Puttick
Against: Aldermen Feren, Fisher, Janvary, Volpatti and Wing.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98-254 To authorize the execution of a Subdivision Agreement with 1006057 Ontario
Limited respecting the Flowers Estates Subdivision.
98-255 To authorize the execution of a Subdivision Agreement with River Realty
respecting the Fleming Estates Subdivision.
98-256 To amend By-law No. 79-200, as amended. (Re: AM 29/98; 5909 McGrail
Avenue, Cut-Rate Souvenirs International)
98-257 To establish Block B P/an No. M-78, as a public highway, to be known as
and to form part of Citation Road. (L-98-79)
98-258 To establish Block B Plan No. 59M-253, as a public highway, to be known
as and to form part of Silvan Street. (L-98-79)
98-259 To authorize monies for General Purposes (November 23, 1998).
The motion Can~ed with Aldermen Craitor and Wing abstaining from the vote on By-law
No. 98-259 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderrr~an Feren, that the
following by-laws be now read a second and third time:
98-254 To authorize the execution of a Subdivision Agreement with 1006057 Ontario
Limited respecting the Flowers Estates Subdivision.
98-255 To authorize the execution of a Subdivision Agreement with River Realty
respecting the Fleming Estates Subdivision.
98-256 To amend By-law No. 79-200, as amended. (Re: AM 29/98; 5909 McGrail
Avenue, Cut-Rate Souvenirs International)
98-257 To establish Block B Plan No. M-78, as a public highway, to be known as
and to forr~ part of Citation Road. (L-98-79)
98-258 To establish Block B Plan No. 59M-253, as a public highway, to be known
as and to form part of Si/van Street. (L-98-79)
98-259 To authorize monies for General Purposes (November 23, 1998).
The motion Carried with Aldermen Craitor and Wing abstaining from the vote on By-law
No. 98-259 on conflicts of interest previously noted and with all others voting in favour.
lan Strathern . Government Fundinn
Alde~rr~an Norman Puttick discussed the issue of/an Strathem's government funding
and requested that a letter of support be forwarded to Mr. Strathem to assist the family
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that a letter
of support be forwarded to Mr. Strathem to assist the family in their efforts for government
funding. Carried Unanimousl_v.
!11 : II I~ III111! I i
Thorold Stone Road Bridu_e Sidewalks
Alderman Norm Puttick stated that the Province has advised there would be no
sidewalk construction on the north side of Thorold Stone Road, from Montrose Road to the
base of the Bridge and suggested that a letter be forwarded to the Minister of
Transportation, expressing Council's concerns with respect to not having a sidewalk
installed on the north side of Thorold Stone Road.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that a letter
be forwarded to the Minister of Transporation, expressing Council's concerns with respect
to not having a sidewalk installed on the north side of Thorold Stone Road. Carried
Unanimously.
Reu_ ional Government
Alderman Nom~ Puttick referred to the issue of a proposed resolution by Welland's
Mayor Reuter at Regional Council regarding the issue of having a share of Casino
proceeds come to the Region; following which discussion ensued with respect to
forwarding a letter to the Minister of Municipal Affairs in conjunction with a staff resolution
on the dissolution of Regional Government.
ORDERED on the motion of AIderrnan Puttick, seconded by Alderman Feren, that a letter
be forwarded to the Minister of Municipal Affairs in conjunction with a staff resolution on
the dissolution of Regional govemment. Carried Unanimously.
Letters of A_n_nreciation
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter
of appreciation be forwarded to the Chair, Gary Hendershot; Greg Bailey, staff and
volunteers of the Winter Festival of Lights. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
of appreciation be forwarded to Vito Scaringi, the Civic Committee, staff and volunteers of
the Santa Claus Parade. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
of congratulations be forwarded to Alderman Pat Cummings and Bill Matson on the recent
birth of a grandson and son. Carried Unanimously.
Win~r Fes~val of L~h~
Alderman Ken Feren provided h~hligh~ and a schedu~ of ~e upcom~g even~g
L~htparades.
· 1 I1 I I I! II~llffl ~
Thorold Stone Road & Portage at Drummond Road (5 comer8)
Alderman Kim Craitor discussed the issue of vehicles tuming right at side streets
due to the intersection of Thorold Stone Road and Portage and requested that Regional
staff review the traffic operations in order that traffic can be improved in that area.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
Regional staff review the traffic operations at Thorold Stone Road & Portage at Drummond
Road (5 Comers) in order that traffic can be improved in that area. Carried Unanimously.
Visitor & Convention Bureau/Tourism Information
Alderman Kim Craitor referred to the Visitor & Convention Bureau and the number
of private operators surrounding the sanctioned activities. He was advised by the City
Solicitor that there were no standards with respect to the start up of a business in
providing information to the public and that the City could not restrict business.
J. J. Barnicke Annual Repor~ Cover
His Worship Mayor Thomson advised that the cover chosen for the 1999
J. J. Bamicke Annual International Report will feature the City of Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
ltl [ [ i[i flllll~r I
THIRTY-FIRST MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
November30, 1998
Council met on Monday, November 30, 1998 at 6:00 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Victor Pietrangelo presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
November30, 1998
Council met on Monday, November 30, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were presenL Alderman
Judy Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
Regular Council Minutes of November 23, 1998 be adopted as printed. Carried
Unanimousl_v
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-98-66, Cheque No.
241521 because Acres is the recipient.
Alderman Campbell indicated a conflict of interest on the Deputation dealing with
the Skylon Tower South Hotel because a family member is employed by the Skylon Tower.
Iff Illll[ ] t
Alderman Michalczyk indicated a pecuniary interest on Report F-98-66, Cheque No.
241149 and on Report HR-98-12 because he is a volunteer firefighter.
His Worship Mayor Thomson declared a conflict of interest on the Deputation
dealing with the Sky/on Tower South Hotel because a family member has a business
relationship.
UNFINISHED BUSINESS
Health Care Funding_ Issues
Alderman Puttick provided a brief summary of the health care funding concerns
referred to correspondence received from Mr. Bart Maves, M.P.P., responding to an
invitation to the Council meeting of November 30, 1998. Alderman Puttick introduced Mr.
John Carter and Mr. Mike Sommerville, from the Greater Niagara General Hospital.
- AND -
Communication No. 22f - Bart Maves, M.P.P. Niagara Falls. The communication
responds to an invitation to attend this evening's Council meeting of November 30, 1998.
Mr. John Carter responded to questions raised with respect to the Greater Niagara
General Hospital's long-term and short-term debts; hospital restructuring within the Region;
the shortfall of government funding; the effects and costs of long-term care patient services
and acute-care services.
Concems were expressed with respect to the provision of political representation
on the new hospital board; the issue of institutional vs community care; and the closure
of the Hamilton Psychiatric Hospital
His Worship Mayor Thomson thanked Mr. Carter for his presentation.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that a letter be forwarded to the Premier, our Member of
Parliament; Member of Provincial Parliament; and the Hospital Restructuring Committee
requesting that there be political representation from all the areas that will be
encompassed by the new hospital board; and further that Council expresses concerns with
respect to the underfunding of hospitals and protests the closure of the Hamilton
Psychiatric Hospital. Carried Unanimously.
ORDERED on the motion of AIderman Cummings, seconded by Aldef~nan Fisher, that the
communication be received and filed. Carried Unanimously.
DEPUTATIONS
His Worship Mayor Thomson declared a conflict of interest previously noted, and
relinquished the Chair.
Alderman Pat Cummings assumed the Chair.
Mr. Don May, Consultant, reviewed a proposed Skylon Tower South Hotel
development beh, veen Murray and Robinson Streets through an artist's rendering; referred
to the construction of a covered escalator linkage connecting the casino to the Skylon;
advised of a Fallsview BIA study dealing with streetscaping and landscaping issues in the
area and referred to the integration with other land owners to develop the Fallsview area.
II I1 II fl I1~1111 ~
The Director of Planning and Development summarized the following issues that
were being looked at: 1) Building heights within certain segments of the community; 2)
Servicing implications; 3) Grand Boulevard linkages to provide access to the various sites;
4) People Mover technology - pedestrian friendly and at grade level; 5) and the Integration
of property owners in maximizing the benefits of the casino development.
Following the presentation, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Craitor, that the correspondence be received and filed. Carded
His Worship Mayor Thomson resumed the Chair.
COMMUNICATIONS
Communication No. 222 - Canadian Public Works Association - Ontario Chapter- Re:
Ontario Chapter, American Public Works Association (APWA) 1998 Public Works
Week Award. The communication seeks the municipality's submission for the 1998
competition and encouraging the municipality to plan for National Public Works Week in
1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the matter be referred to staff. Carried Unanimousl_v.
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that the
actions taken on the following matters by the Corporate Services Committee, earlier this
evening, be approved:
1. Adoption of the Minutes of November 23, 1998 Corporate Services Committee
Meeting;
2. F-98-65 - Print Shop Improvements - to approve the improvements to the print
shop, including renovations and the acquisition of a Xerox 5090 high capacity
duplicator and other equipment;
3. F-98-66 - Municipal Accounts - approve the Municipal Accounts totalling
$514,300.76 for the period ending November 30, 1998;
4. The 1~ Annual Antonio Spirit of Life Christmas Skate - Request to wave Ice Rental
Fee - that the Ice Rental Fee be waived for the 1't Annual Antonio Spirit of Life
Christmas Skate to be held at the Niagara Falls Arena on December 23~, 1998;
5. Niagara Falls Public Library - Survey Results - that the Survey results from the
Niagara Falls Public Library be received for information;
6. Niagara Falls Public Library- 1999 Budget Review - that the 1999 Funding Request
from the Niagara Falls Public Library be referred to final budget deliberations;
7. Niagara Falls Badminton, Tennis and Lawn Bowling Club - Proposal for a
Multipurpose Sports Court- that the proposal for a Multipurpose Sports Court for the
Niagara Falls Badminton, Tennis and Lawn Bowling Club be referred to §nal budget
deliberations;
8. Niagara Falls Canada Visitor and Convention Bureau - 1999 Budget Review - that
the 1999 Funding Request from the Niagara Falls Visitor and Convention Bureau
be referred to final budget deliberations;
9. Boys' and Girls' Club Skateborading Proposal - that staff coordinate a joint effort
between the Boys' and Girls' Club and the Niagara Falls Badminton, Tennis and
Lawn Bowling Club to investigate a skateboarding facility
The motion Carried with Aldermen Cummings and Michalczyk abstaining from the vote on
Report F-98-66 on conflicts of interest previously noted and with all others voting in favour.
See By-law No. 98-264
PD-98-143 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Southgate Estates; 26T-92015 (Revised); Owner: F. Pingue (828341 Ontario
Limited). The report recommends the following:
1. That a Council resolution supporting a one-year extension to draft plan approval
for the Southgate Estates Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
information purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 52.
PD-98-f 44 . Chief Administrative Officer-Re: Application for Site Plan Approval;
SPC-35/98; 6724 Morrison Street and 4850 Dorchester Road; Proposed Prestige
Industrial/Commercial Development. The report recommends that Council approve the
site plan for a proposed prestige industrial/commercial development located within the
southeast quadrant of Mordson Street and Dorchester Road.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
PD-98-f45 - Chief Administrative Officer- Re: Recommendation Report; Meadow
Creek (Phase 2) Draft Plan of Subdivision 26T-~ ~-9808; Zoning By. law Amendment
Application AM-3~/98: Owner: 527786 Ontario Limited. The report recommends the
following:
1. That the Meadow Creek (Phase 2) Draft Plan of Subdivision be approved subject
to the conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council;
[] I I1 II II I1~11II ~
- § -
4. That the application to amend the Zoning By-law be approved to provide the
necessary land use regulations to guide the development and construction of the
townhouse portion of the plan.
- AND -
Communication No. 223 - Chris & Lynn Kyle. The communication advises as being
strongly opposed to the rezoning.
- AND -
Communication No. 224- Victor Muratori, Sullivan, Mahoney, submission booklet
containing concept plans; site renderings, condominium site plan and a variety of excerpts;
Zoning Compliance Chart and Planning Report, for West Meadow (Plan 2).
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on October 28, 1998.
His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor
and Mr. Eric Henry, developer, were in attendance and received a positive response to his
request for a show of hands by persons present who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches; reviewed the Official Plan and Zoning By-law; the
Northwest Community Secondary Plan; Roadways, Traffic and Sidewalks; Park/and;
Subdivision Design; Zoning amendment; and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the applicetion and received
a negative response in opposition to the application.
Mr. Muratori advised as being in agreement with the Planne/~s comments and stated
that the development meets or exceeds the zoning requirements.
In response to questions raised, Mr. Muratori indicated that should the purchase
of the land in question be completed, the intent was to develop single-family homes in the
area.
During the discussion, the developer, Mr. Eric Henry advised of the provision of two
(2) half basketball courts at Kin and Mu/hem Parks.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-31/98 closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carried with Alder~an Wing voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Aldeirr~an Volpatti, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimously.
![I [ I IH IIIllll I t
L.98.78. Chief Administrative Officer- Re: Municipal Parking Tag Computer Access
Agreement, Ministry of Transportation. The report recommends that the City enter into
the attached agreement with the Province regarding the use of the Provincial Computer
for parking tickets.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the report be received and adopted. Carried Unanimousl.v.
See By-law No. 98-260
L.98.83 - Chief Administrative Officer- Re: Establishment of Turning Circles as a
Public Highway; Parts I & 2 on 59R-10262- Edgeworth Road. The report recommends
that the turning circles, being Parts I and 2 on Reference Plan No. 59R-10262, be
established as part of a public highway to be known as Edgeworth Road.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimousl_v.
See By-law No. 98-263
L-98-85 - Chief Administrative Officer- Re: Sign Permit Application; Burger King,
Clifton Hill and Oneida Lane. The report recommends that Council approve the
application fora roof sign, having an area of 690 Square feet (23'x 30') and a height of 30
feet, submitted by Neon Products Ltd. This sign depicts the character of Frankenstein to
be erected on the roof of Burger King at the comer of Clifton Hill and Oneida Lane
(Schedule "A ").
ORDERED on the motion of Alderman Cummings, seconded by Alde~y~an Janvary, that
the report be received and adopted. The motion Carried with Alderman Feren abstaining
from the vote on a conflict of interest and with all others voting in favour.
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Committee-of-the-Whole earlier this evening,
be approved:
I. that the firm of Design Electronics be retained by the City of Niagara Falls for
consulting and preparation of a proposal for a security system at City Hall as well
as to price and terms as indicated;
2. Niagara Falls Professional Fire Fighters Association Grievance No. 98-11 and No.
98-13:
- to deny the Grievance as put forward by the Niagara Falls Professional Fire Fighters
Association; to support the actions of management on these issues; and to
encourage further dialogue between the Association and management on related
issues that had surfaced as a result of these Grievances
The motion CARRIED with Aldermen Craitor, Orr and Wing voting contrary to the motion
to Item No. 2 and with all others voting in favour.
RESOLUTIONS
NO. 51 - PUTTICK- VOLPA TTI - WHEREAS the Regional Municipality of Niagara has
been in existence since 1970; AND WHEREAS the Regional government served a
purpose early in its existence in improving or providing infrastructure in smaller
municipalities, it has now become ineffective and rife with parochialism; AND WHEREAS
Niagara Falls residents pay approximately $40 million to the Regional government in taxes,
as well as approximately $1.3 million per month for such services as water and sewer
treatment; AND WHEREAS the City of Niagara Falls would be better served to administer
and take over responsibility for matters under the Region's control such as roads and snow
ploughing.
NOW THEREFORE BE IT RESOLVED that the Minister of Municipal Affairs be requested
to consider dismantling Regional government to allow municipal autonomy.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimo(~ly.
NO. 52 - VOLPA TTI - CRAITOR - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby supports a one-year extension to draft plan approval for the
Southgate Estates Plan of Subdivision; and that the Regional Municipality of Niagara and
the applicant be so info/~ied; conditional upon the applicant maintaining the appropriate
subdivision sign on the property for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimousl.v.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
98-260 A by-law to authorize the execution of an agreement with the Province
respecting the use of the Provincial Computer for parking tickets (Re: L-98-
78)
98-261 A by-law to authorize the execution of a Letter of Agreement with Canadian
Corps of Commissionaires (Hamilton Division) for Security.
98-262 A by-law to authorize the execution of a Letter of Agreement with Canadian
Corps of Commissionaires (Hamilton Division), for By-law Enforcement -
Crossing Guard Co-ordinator.
98-263 A by-law to establish Parts 1 and 2 on Reference Plan No. 59R-10262, as
a public highway, to be known as and to form part of Edgeworth Road. (Re:
L-98-83)
98-264 A by-law to authorize monies for General Purposes (November 30, 1998).
The motion Carded with Aldermen Cummings and Michalczyk abstaining from the vote on
By-law No. 98-264 on conflicts of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the following by-laws be now read a second and third time:
98-260 A by-law to authorize the execution of an agreement with the Province
respecting the use of the Provincial Computer for parking tickets (Re: L-98-
78)
98-261 A by-law to authorize the execution of a Letter of Agreement with Canadian
Corps of Commissionaires (Hamilton Division) for Security.
98-262 A by-law to authorize the execution of a Letter of Agreement with Canadian
Corps of Commissionaires (Hamilton Division), for By-law Enforcement -
Crossing Guard Co-ordinator.
98-263 A by-law to establish Parts 1 and 2 on Reference Plan No. 59R-10262, as
a public highway, to be known as and to form part of Edgeworth Road. (Re:
L-98-83)
98-264 A by-law to authorize monies for General Purposes (November 30, 1998).
The motion Carried with Aldermen Cummings and Michalczyk abstaining from the vote on
By-law No. 98-264 on conflicts of interest previously noted and with all others voting in
favour.
NEW BUSINESS
WILLOWDELI_/KOEBEL ROAD CONCERNS
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that
correspondence regarding Willowdell/Koebel Road be referred to staff. Carried
Unanimously.
NIAGARA FALLS SECONDARY SCHOOL
Alderman Shidey referred to her recent atte/Tdance of an event at Niagara Falls
Secondary School and of the well-used auditorium at the school.
PLANET HOLLYWOOD RESTAURANT
Alderrr~an Ken Feren referred to the recent approval of the Planet Hollywood
Restaurant and of the development not having building permits, he was advised by the
Executive Director of Community Services that the development was being closely
monitored.
CHAMBER OF COMMERCE
Alderman Klm Craitor provided information on the Industrial Forum to be held on
February 10, 1999 and of an annual dinner meeting being held on February 24, 1999, with
the Guest Speaker being Mr. Ron Barbaro.
DORCHESTER ROAD & LUNDY'S LANE (CANADA TRUST} PLAZA
Alderman Klm Creitor expressed concems regarding Domhester Road and Lundy's
Lane (Canada Trust) Plaza ingress and egress problems and stated that it was suggested
by Mrs. Parker, that a right hand exit tum onto Lundy's Lane be considered.
ORDERED on the motion of Alderman Craitor, seconded by Alderrr~an Wing, that the
matter be referred to staff. Carried Unanimously.
CASINO NIAGARA/AM BUFFALO SHOW
His Worship Mayor Thomson advised that Casino Niagara would be hosting a live
broadcast of WKBW TV's AM Buffalo show on December 7, 1998 to be held at the Grand
Ballroom of the Skyline Brock Hotel; and that, in order to accommodate the T. V. station's
satellite feed, that consideration be given to have access to park on Falls Avenue from 5
a.m. until 11:30 a.m.
ORDERED on the motion of AIderrnan Cummings, seconded by AIdem-~an Feren, to permit
parking on Falls Avenue. The motion Carried with Alde,,an Orr abstaining from the vote
on a conflict of interest because she is employed by the Casino and with all others voting
in favour.
CANPASS WHIRLPOOL BRIDGE
His Worship Mayor Thomson referred to a recent Canpass Whirlpool Bddge
meeting, where discussions were held regarding providing more monies for border
resoumes and that the Provincial Ministry of Transportation look into the issue of more
directional signage from the Q.E.W.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
Federal government be lobbied to provide more monies for border resoumes in light of
increased International bddge traffic along the Niagara River;, and that the Provincial
Ministry of Transportation and the local Member of Provincial Parliament look into more
directional signage from the Q.E.W. This signage should let tourists know of the option
of using the Whirlpool or Queenston/Lewiston Bridges thus alleviating traffic from the
Rainbow Bridge during busy holiday weekends. Carded Unanimousl.v.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
meeting be adjourned. Carded Unanimo{~ly.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
![I [ I I[[ [Ifil[[
THIRTY-SECOND MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
December 7, 1998
Council met on Monday, December 7, 1998 at 5:30 p.m. in Committee-of-the- Whole.
All members of Council, were present. Alderman Paisley Janvary presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole did not
rise to report.
READ AND ADOPTED,
/
WAYNE THOMSON, MAYOR
REGULAR MEETING
Council Chambers
December 7, 1998
Council met on Monday, December 7, 1998 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were present. Alderman
Klm Craitor offered the Opening Prayer.
Letter of Condolence
Alderman Craitor requested that a letter of condolence be forwarded to the family
of the late William Ellis Cooper, Past President of the Labour Council, Local 4151 and
Founder of the Employment Help Centre.
ADOPTION OF MINUTES
Alderman Klm Craitor requested that the Minutes of November 30, 1998 be
amended to reflect his opposition to the Committee-of-the-Whole motion dealing with the
Niagara Professional Firefighters Association Grievance.
ORDERED on the motion of AIderrnan Cummings, seconded by AIderrnan Fisher, that the
Regular Council Minutes of November 30, 1998 be adopted as amended. Carried
Unanimousl_v
~! I1 I I I1 IIUll! I
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on the Deputation from Westlane
Secondary School because he is a member of the District School Board of Niagara.
Alden-r~an Pietrangelo indicated a pecuniary interest on the Deputation from
Westlane Secondary School because he is employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-98-67, Cheque Nos.
241684; M92500; M92497 and M92499 because a member of his family is employed by
the Region.
Alderman Michalczyk indicated a pecuniary interest on Report 679 and on
correspondence received from the Association of Municipalities of Ontario, because he is
a volunteer firefighter.
Prior to dealing with additional Council matters, His Worship Mayor Thomson
advised that on December 14, 1998 Council would be dealing with budget discussions.
DEPUTATIONS
Westlane Seconda~_ School - Pro_iect Red Ribbon 1998
Katie Angle, and representatives, Dan Niven, Elliott Ballantyne, and Elizabeth
Verbeem, from Westlane Secondary School Ontario Students Against Impaired
Driving, (OSAID) provided information on the Project Red Ribbon 1998 Campaign and
requested that red ribbons be tied to all City and Council vehicles in support of the Project
Red Ribbon campaign.
Following the presentation, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Fisher, that Council supports the 1998 Project Red
Ribbon Campaign by flying red ribbons on their vehicles and City vehicles. The motion
Carried with Aldermen Campbell and Pietrangelo abstaining from the vote on conflicts of
interest previously noted and with all others voting in favour.
Save our Chanter
Ms. Belinda Yorke, S.O.C. (Save our Chapter) discussed the decision of the
Multiple Sclerosis Society of Canada to suspend the Charter of the local M.S. Society
Chapter;, referred to the individuals who have raised many thousands of dollars for
research and other works for the M.S. Society; expressed the opinion that the suspension
would be the first step in the formation of a Regional chapter and this decision would have
a detrimental effect on the M.S. Society in Niagara; she requested Council's support and
that a letter be forwarded to the Multiple Sclerosis Society of Canada (Ontario Division)
expressing Council's concems regarding the decision to suspend the charter of the local
chapter, and introduced Mr. Chris Biasucci who provided a brief summary of the events
leading to the suspension decision.
Following the presentation, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that a letter be forwarded to the Multiple Sclerosis Society
of Canada (Ontario Division) requesting that the decision to suspend the Niagara Falls
chapter of the M.S. Society be reconsidered; and further advising them of Council's strong
support of the local chapter and urging that its' charter be reinstated. Carded
Unanimousl_v.
COMMUNICATIONS
Communication No. 225 - Adele Kon, Director of Parks, Recreation & Culture - Re:
Holocaust Memorial in Lundy's Lane Cemetery. The communication attaches a copy
of an article which had appeared in a national publication on Cemetery Management,
entitled "Network" (October-November, 1998 issue)
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the correspondence be for the information of Council. Carded Unanimousl_v.
Communication No. 226 - Lundy's Lane, B.I.A. - Re: By-law No. 87-224, Lundy's
Lane B.I.A. The communication requests that Lundy's Lane Board of Directors be
ratified and attaching an ad from the Niagara Falls Review inviting business people to the
general membership meeting; a copy of the minutes of the meeting; the proposed slate of
directors and officers; the 1998 budget and the B.I.A. constitution.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
Board of Directors be ratified and that the remainder of the info~r~ation be referred to staff.
Carded Unanimous/v,
REPORTS
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
actions taken on the following matters by the Community Services Committee, earlier this
evening be approved:
1. Adoption of November 2, 1998 Community Services Committee Minutes;
2. Warren Creek Watershed- Provincially Significant Wetland Evaluation and Report
PD-98-148 - Warren Creek Watershed Provincially Significant Wetlands;
3. December 3, 1998 Memo to L. Oates from K. Dren - Re: Ailanthus Avenue Traffic
Study;
Carded Unanimously.
R-98-65 - Chief Administrative Officer - Re: 10 Year Development Plan for Parks,
Recreation & Culture. The report recommends that the report be for information and
direction.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimously.
PD-98-147 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC-9/98; North side of George Street; Niagara Battery and Tire. The report
recommends that Council approve the site plan for the new location for Niagara Battery
and Tire, on the north side of George Street.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimousl_v.
Il Il I I I] IIHI[; I
During the discussion, It was requested that there be a separate topic listed on
planning reports dealing with the issue of traffic flows.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and received
a negative response in opposition to the application.
Mr. John Mestek stated he was in concurrence with staff's recommendation for
approval of the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to AM-28/98 closed.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Puttick voting
contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the correspondence be received and adopted. Carried Unanim(~sly.
PD-98-150- Chief Administrative Officer- Re: 4215 Meadowvale Drive, Draft Plan of
Condominium, file No. 26CD-11-9802, Owner: 1225100 Ontario Limited. The report
recommends the following:
1. That the 4215 Meadowvale Drive Draft Plan of Condominium be approved subject
to the conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided on appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
Mr. James Curran, 4230 Meadowvale Drive, expressed concerns on the age of
the development being converted into condominiums and the possible structural
deficiencies of the building and suggested that a technical audit be car~ed out.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Feren, that the report be received and adopted. Carried
Unanimously.
1-98-67 . Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $1,625,010.09 for the
period ending December 7, 1998.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Aldermen Craitor and
Michalczyk abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law 98-267
F-98-68 - Chief Administrative Officer - Re: General Insurance Report. The report
recommends that City Council approve the 1999 Comprehensive Insurance Program from
Frank Cowan Co. Ltd., at an annual premium of $411,778 (1998- $507,762) plus
applicable taxes.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the
report be received and adopted. Carded Unanimousl_v.
L-98-8f - Chief Administrative Officer- Re: Closing and Declaring Surplus of
Unopened Road Allowance lying within the limits of property known as 3529 Callan
Street. The report recommends the following:
1. That the portion of the unopened road allowance lying within the limits of property
known as 3529 Ca/lan Street, be stopped up and closed;
2. That the said portion of road allowance, so closed, be declared surplus and notice
be given to the public that the property has been declared surplus to the City's
needs and that there is a proposed conveyance to the owner of 3529 Ca/lan Street.
His Worship Mayor Thomson advised that Council of the Corporation of the City of
Niagara Falls has caused to be published in the Niagara Falls Review in its issues of
November 14th, 21st, 28th and December 5~h, 1998 a Notice pursuant to the provisions of
Section 300 of the Municipal Act that it proposes to pass a By-law at this evening's meeting
to stop up and close that part of an unopened road allowance between Concessions 1 and
2 in the foirr~er Township of Willoughby lying within the limits of Lots 7 and 8 on Registered
Plan No. 257. He further advised that notice was also given in order that Council could
hear any person or persons who claim that his/her land will be prejudicially affected by the
closing; he was advised by the City Clerk that no one had applied to be heard.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Report L-gS-81, closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted. Carded Unanimously.
L-98-84 - Chief Administrative OfFicer- Re: Billboards. The report recommends that
the report be for the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimousl. v.
RESOLUTIONS
On the motion of Alderman Cummings, seconded by Alderman Feren, that the
Council of the Corporation of the City of Niagara Falls hereby authorizes that two-hour free
parking be permitted during the month of December, at all on-street meters and in all Pay
& Display Parking lots in the Downtown; and that the Downtown BIA will offset all lost
revenue. The motion was Defeated.
Following some discussion, on the motion of Alderman Michalczyk, seconded by
Alderman Pietrangelo, that the motion be amended to indicate that the Downtown BIA not
offset all lost revenue. The motion was Defeated.
Following further discussion, on the motion of Alderman Orr, seconded by Alderman
Feren, that the matter be tabled for 1 week. The motion Carded with Aldermen Craitor and
Michalczyk voting contrary to the motion.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
two-hour free parking be permitted during the month of December at all on-street meters
and in all Pay & Display parking lots in the Downtown; and that the matter of revenue
repayment be considered at a later date. Carded.
[l~l[; II F-T- Il 11111111 I
BY. LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
98-265 A by-law to stop up and close that part of the unopened road allowance
between Concessions 1 and 2 in the fof~er Township of Willoughby, now in
the City of Niagara Falls, in the Regional Municipality of Niagara lying within
the limits of Lots 7 and 8 on Plan No. 8 now known as Plan No. 257.
98-266 A by-law to declare surplus the closed portion of the road allowance between
Concessions 1 and 2 in the former township of Willoughby, now in the City
of Niagara Falls, in the Regional Municipality of Niagara lying within the limits
of Lots 7 and 8 on Plan No. 8 now known as Plan No. 257, and to authorize
that public notice be given in the next available Saturday edition of the
Niagara Falls Review of the said land being declared surplus and of a
proposed conveyance of the said land.
98-267 A by-law to authorize monies for General Purposes (December 7, 1998)
The motion Carded with Aldermen Craitor and Michalczyk abstaining from the vote on By-
law No. 98-267 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the following by-laws be now read a second and third time:
98-265 A by-law to stop up and close that part of the unopened road allowance
between Concessions 1 and 2 in the fof~er Township of Willoughby, now in
the City of Niagara Falls, in the Regional Municipality of Niagara lying within
the limits of Lots 7 and 8 on Plan No. 8 now known as Plan No. 257.
98-266 A by-law to declare surplus the closed portion of the road allowance between
Concessions 1 and 2 in the former township of Willoughby, now in the City
of Niagara Falls, in the Regional Municipality of Niagara lying within the limits
of Lots 7 and 8 on Plan No. 8 now known as Plan No. 257, and to authorize
that public notice be given in the next available Saturday edition of the
Niagara Falls Review of the said land being declared surplus and of a
proposed conveyance of the said land.
98-267 A by-law to authorize monies for General Purposes (December 7, 1998)
The motion Carded with Aldermen Craitor and Michalczyk abstaining from the vote on By-
law No. 98-267 on conflicts of interest previously noted and with all others voting in favour.
Thorold Stone Sidewalk Plan
Following some discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Orr, that staff be directed to prepare a plan for a sidewalk to be
built on the north side of Thorold Stone Road. Carded Unanimously.
Br~ht's Building_. Dorchester Road
ORDERED on the motion of Alde~-~an Feren, seconded by Alderman Janvary, that all
concerned parties be encouraged to discuss the issues and concerns with respect to the
Bdght's Building. Carded Unanimousl.v.
~II I1 I I I1 IIHII~ I
Lundy's Lane/Montrose Road/Thorold Stone Road Sidewalk Project
Alderr~an Wayne Campbell advised that a meeting was scheduled for December
16, 1998 at Greendale School with representatives from Procter & Redfem in attendance
to provide information on the sidewalk displays.
Speeding_ Vehicles on Lyons Creek Road & Sodom Road
Alderman Ed Michalczyk referred to concerns expressed with respect to speeding
vehicles on Lyons Creek Road and Sodom Road and asked that a letter be forwarded to
the Niagara Regional Police requesting them to monitor the speeding vehicles on Lyons
Creek Road and Sodom Road. Carried Unanimousl_v.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
THIRTY-THIRD MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
December 14, 1998
Council met on Monday, December 14, 1998 at 6:00 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Ken Feren presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Council Chambers
December 14, 1998
Council met on Monday, December 14, 1998 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council, were present.
Alderman Ed Michalczyk offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Campbell and Pietrangelo indicated pecuniary interests on the Deputation
dealing with the closure of Niagara Falls Secondary School, and on Communication No.
240 dealing with the closing of the Arts facility at Niagara Falls Secondary School, because
they are employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-98-72, Cheque No.
241764 because a member of his family is employed by the Region.
Aides,ban Janvary indicated a pecuniary interest on Report PD-98-148 because she
has a business association.
Alderman Michalczyk indicated pecuniary interests on Report Nos. F-98-69;
F-98-70 and F-98-71 because he is a volunteer firefighter.
Alderman Orr indicated a pecuniary interest on the matter of Casino operations
funding, because she is employed by the Casino.
Alderman Volpatti indicated a pecuniary interest on the Deputation dealing with the
Zoning By-law Amendment, Altieri, 8310 Beaverdams Road, because she is the Director
of the Company that has a business relationship.
Re_port L-98-89 - Chief Administrative Officer - Re: Control of Cats
On the motion of Alderman Fisher, seconded by Alderman Cummings, that Report
L-98-89 - Control of Cats - be brought forward. Carried.
Following some discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Aldeh¥~an Cummings, that the matter be deferred to a Special Meeting of
Council and that the City Clerk be instructed to include the complete text of the Cat By-law
in the Niagara Falls Review prior to the matter coming to Council. Carried Unanimously.
DEPUTATIONS
Mr. John Prentice, Kiwanis Music and Dance Festival, provided background
information on the dance competitions, stating they had always been held at the Niagara
Falls Secondary School and presented a petition expressing concerns of the
consequences on the dance competitions and festival if the school closes. He asked that
Council support a request to keep the School, Auditorium and Gymnasium open.
Following some discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Janvary, that Council supports the petition and request of the
Kiwanis Music Festival to keep the School, Auditorium and Gymnasium open. The motion
Carried with Aldermen Campbell and Pietrangelo abstaining from the vote on conflicts of
interest previously noted and with all others voting in favour.
Zoning By-law Amendment - Nick Altieri. 8310 Beaverdams Road
Mr. Victor Muratori, Solicitor was in attendance on behalf of Mr. Nick Altieri, and
reviewed the Ontario Municipal Board's Interim Order stating that the property in question
be cleaned up to the satisfaction of the City by December 11, 1998; he advised that his
client had "substantially complied with the Order" and requested that Council reconsider
its decision of November 9, 1998 and advertize for another public meeting.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Pietrangelo, that Council re-advertize the public
meeting to reconsider the matter and that all costs be borne by the applicant. The motion
Carried with Aldermen Craitor, Janvary, Orr, Puttick and Wing voting contrary to the
motion; and Alderman Volpatti abstaining from the vote on a conflict of interest previously
noted and with all others voting in favour.
PLANNING MATTERS
PD-98-148 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-36198, 3241 Montrose Road; Proposed 21-Unit Townhouse
Development; Victoria Meadows Townhomes Inc. The report recommends that Council
approve this application to permit the development of a proposed 21-unit townhouse
project conditional on:
1. A tree saving plan being done by a qualified arborist or Landscape Architect prior
to the passing of the amending by-law in order to establish more appropriate
building setbacks with respect to tree preservation and other provisions;
2. The servicing details being addressed to the satisfaction of the Director of Municipal
Works.
- AND -
Communication No. 229 - Mr. Aldo & Maria Pellegrini, 3223 Montrose Rd. The
communication requests that Council deny the application.
Communication No. 230 - Robert & Celestina Bignucolo, 3226 Matthews Drive. The
communication requests that consideration be given to the preservation, maintenance and
salvaging of the trees and greenery.
Communication No. 231 - Dorothy Tropea, 3280 Matthews Drive. The communication
requests that consideration be given to the preservation; maintenance and salvaging of the
trees and greenery.
Communication No. 232a) - Regional Niagara, Planning and Development
Department. The communication advises as having no objections to the approval of this
application, subject to the requirements of the Regional Public Works Department and the
applicant addressing noise attenuation, stormwater management and tree preservation
requirements at the site plan approval stage.
Communication No. 232b) - Regional Niagara, Public Works Department. The
communication advises as having no objection to the rezoning application and comments
on the issue of road widening; servicing; drainage; permits and survey evidence.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on November 13, 1998.
His Worship Mayor Thomson received indication that Mr. John Kendall, Developer,
was in attendance and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report; compliance with the Official Plan; infilling policies of the
Northwest Community Secondary Plan; referred to the tree preservation plan; and referred
to the inadequacy of the municipal sanitary and storm sewers to service the site and
advised that a further detailed design would be necessary at the site plan approval stage;
and indicated that staff supported the application subject to the conditions in the
recommendation report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Aldo Pellegrini, 3223 Montrose Road, expressed the opinion that the
proposed development was incompatible to the surrounding area and that single-family
housing was preferred; he voiced his concerns respecting multiple-family housing and the
accompanying traffic congestion and requested that Council not support the application.
· II I] I I fl I1~111~ I
-4-
Mr. Sam Piccarillo, 3252 Matthews Drive expressed concerns regarding the side
and rear yard setbacks and expressed the view that the developer consider "prestige type"
of 1800 square foot townhomes; and requested preservation of the mature trees in the
area.
Ms. Dorothy Tropea, 3280 Matthews Drive, requested that the mature trees be
preserved in the area.
Mr. John Kendall, Developer, Victoria Meadows Townhomes Inc., advised that
the proposal was to build luxury, adult bungalow style townhomes; he provided a brief
history of the subject property; responded to concerns regarding the side and rear yard
setbacks, referred to the preservation of th(~ existing trees and maintaining a park-like
setting; the provision of an evergreen and shrubbery entranceway to the development; and
suggested that multiple family townhomes v/ould provide the best opportunity for the
preservation of trees than single family resid~.nces.
Since no further comments were forth::oming, His Worship Mayor Thomson
declared the Public Meeting with regard to Ac, plication AM-36-98 closed.
Following some discussion, it was ORI3ERED on the motion of Alderman
Pietrangelo, seconded by Alderman Feren, that the application be denied. The motion
Carried with Aldermen Cummings, Orr and Vo~patti voting contrary to the motion; Alderman
Janvary abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
ORDERED on the motion of Alderman Feren seconded by Alderman Pietrangelo, that the
correspondence be received and filed. Carried Unanimously.
PD-98-151 Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-33198, 4793 Montrose Road; Applicant: P. Allesi (Agent: D.
Colangelo); Proposed 3-storey Apartment. The report recommends the following:
1. That a municipal R4 zone be applied with site specific provisions which address
better controls on building height, reducing the number of dwelling units, increasing
building setbacks and landscaping;
2. That the building height be limited to 2 storeys and the density of the development
be reduced to 20 units/acre (24 units);
3. That the development be redesigned with increased minimum interior setbacks of
25 feet and the apartment building being located closer to Montrose Road.
- AND -
Communication No. 233 - Regis and May Woodward. The communication expresses
concerns with respect to Water overflow; Pollution; Artificial Lighting; and Reduced Home
Value due to the proposed application.
Communication No. 234 - Niagara Peninsula Conservation Authority. The
communication advises as having no objectiOn to the application.
Communication No. 235 - Dave Bentham. The communication advises as being
opposed to the application.
Communication No. 236 - Phil and Francine Marleau, 7701 Trackview Road. The
communication advises as being in opposition to the amendment.
Ill II; II I'~' I
Communication No. 237a) - Regional Niagara, Planning and Development
Department. The communication advises as having no objection to the application subject
to the requirements of the Regional Public Works Department and the applicant addressing
noise attenuation requirements at the site plan approval stage; - AND - Communication
No. 237b) - Regional Niagara, Regional Public Works Department. The communication
advises as having no objections to the rezoning; and provides comments on road widening;
servicing; drainage/lot grading; permits; and survey evidence
Communication No, 238 - Petition Headed by Dean Mazzone. The petition expresses
opposition to the zoning amendment.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on November 13, 1998.
His Worship Mayor Thomson received indication that Mr. Danny Colangelo, Agent,
was in attendance on behalf of the applicant and received a positive response to his
request for a show of hands by persons present who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report: Planning Review and the Public Notification Process.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Regis Woodward, 7682 Woodgate, expressed concerns with regard to the loss
of the park-like setting; conveyed water overflow and drainage concerns due to raised
ground levels from the development; expressed concerns on the increase of vehicles and
vehicle pollution due to the increase of residents in the area; the use of artificial lighting in
the parking lot for the tenants and the devaluation of properties in the area.
Mr. Dimitri McGee,, 4867 Southview Avenue, provided a petition expressing
opposition to the development and rezoning application; referred to the increased traffic
from the proposed development and the traffic congestion; expressed safety concerns for
the children in the area; and requested that the residents be involved in the site plan
process.
Mr. David Cuvello, 7643 Trackview, expressed concerns with respect to the lack
of privacy and enquired about the provision of suitable fencing in the area.
Mrs. A. Elvina, 7696 Woodbine, expressed safety concerns with respect to the
proposed development.
The Director of Planning and Development addressed concerns regarding drainage
and advised that the matter would be dealt with through the site planning process.
Mr. Colangelo provided clarification with respect to the issue of building height
and advised that fencing would be provided around the property.
El [I l[ fl IIHI[~ I
The Director of Planning and Development responded to questions raised with
respect to the issue of landscaping, density, building height and roof design.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-33-98 closed.
On the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
matter be deferred. The motion was Lost due to a tie vote.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman ~ ,31patti, that the application be receive¢~ and adopted; and further
that the neighbours be 3volved in the site plan. The motion Carried with Aldermen
Campbell, Craitor, Ferer:, Janvary and Wing voting contrary 1:o the motion and with all
others voting in favour.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimously.
PD-98-152 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-35198, 663848 Ontario Inc., Southeast Quadrant; Mountain Road &
QEW. The report recommends the following: ~
1. That Council approve the Zoning By-law amendment application, as noted in this
report, which will facilitate the construction of a tourist-oriented travel centre on the
southeast quadrant of the intersection of Mountain Roa,,~ and the QEW;
2. That the amendir~g By-law be presented to Council a~fter the MTO (Ministry of
Transportation) and Region have confirmed that their traffic concerns have been
addressed. ~
- AND -
Communication No. 2.,~9 - Correspondence from Niagara :=eninsula Conservation
Authority. The commuqication advises as having no objectic~i~s to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followe~ under the Planning Act.
The Acting City Cierk advised that the Notice of the Public Meeting had been given
in accordance with Reg~llations on November 13, 1998.
His Worship Mayor Thomson received indication that Mr. Fred Paul was in
attendance on behalf of .{he applicant and received a positive response to his request for
a show of hands by persons present who were interested in the application. He requested
that all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information contained in the
Recommendation Report: Background; Planning Review and the Public Notification
Process; discussed the ingress and egress of traffic on the proposed site and the traffic
concerns of the Ministry of Transportation; he stated that the application was a good land
use change; that proper servicing studies could be undertaken through the site plan
approval process and that the matter of traffic and traffic safety could be handled through
a traffic impact study.
IB~ Iii I1:
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. Rick Brady, 6737 Buckingham Drive, Planning Consultant, was in attendance
on behalf of the Canadian Niagara Hotels, who owned property immediately to the east of
the proposal; advised as being in support of the development as proposed; advised that
his client wished to co-operate with the traffic study and help resolve the transportation
issues in this area.
The Director of Planning and Development respondec~ to questions raised with
regard to how the development would "fit" into the tourism area development strategy; and
provided clarification on the public notification process. ~'
Mr. Fred Paul, referred to the previous land uses versus the present land uses;
stated that staff recommendations were positive; advised that the applicant was prepared
to co-operate with any study that is necessary and to participate in the implementation of
those studies once the overall area had been looked at and referred to correspondence
from the Ministry of Transportation commenting on traffic concerns.
In response to questions raised, the Director of Planning and Development advised
that By-law No. 98-275 which was a "Handout" and referred to the conveyance of land for
park dedication also included the Mountain Road/Q.E.W. area.~
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-35-98 closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
application be approved. Carried UnanimouGly,
PD-98-153 - Chief Administrative Officer - Re: Request for Removal of Part Lot
Control Neighbourhoods of St. David's, Registered Plan 59M.-251; Blocks 34 through
45 and Block 48. The report recommends the following: I
1. That Council approve the application and pass the appropriate by-law to designate
Blocks 34 through 45 and Block 48, Registered Plan 59M-251, as exempt from Part
Lot Control;
2. That the applicant be required to notify the City when the separate deeds have been
registered in order for the by-law to be repealed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously. ~-
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of the Regular Council Meeting of December 7, 1998 be adopted as
printed. Carried Unanimously
~II I1 I I fl I1~1111'
COMMUNICATIONS
Communication No. 240 - E. Tullio, Re: closing of the only Arts facility, Niagara Falls
Secondary Auditorium in Niagara Fails. The communication expresses concerns with
respect to the closing of the Arts facility, Niagara Falls Secondary Auditorium, in Niagara
Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
communication be received and filed and be forwarded to the District School Board of
Niagara. The motion Carried with Aldermen Campbell and Pietrangelo abstaining from the
vote on conflicts of interest previously n )ted and with all others voting in favour.
Communication No. 241 - Ontario Re.~l;urant Association - Re: User Fees for Food
Service Establishments. The communication requests that the Association be notified
prior to any Council decisions on any potential user fees for the restaurant and food
services industry.
ORDERED on the motion of Alderman £ ummings, seconded by Alderman Feren, that the
communication be received and filed for t=3e Information of Council. Carried Unanimously.
Communication No. 242 - Jack Cc,lley - Re: Motorcycle Charity Event. The
communication requests that consideration be given for a site that could be secured for
a motorcycle charity event, which would include entertainment for the participants and
residents during the month of July or August, 1999.
ORDERED on the motion of Alderman CLammings, seconded by Alderman Michalczyk, that
the matter be referred to staff. Carried Urranimously.
Communication No. 243 - Ms. Joyce Nigh, Ontario March of Dimes, Niagara Falls
Campaign- Re: Proclamation. The communication requests that Council proclaim the
month of January, 1999 as "Ontario March of Dimes Month" in the City of Niagara Falls.
ORDERED on the motion of AIdermanl!.--isher, seconded by Alderman Feren, that the
request be approved subject to establish~ policy. Carried Unanimously.
R~E'ORT$
MW-gS-180 - Chief Administrative Officer - Re: Appointment of Inspector - Carmen
Mignelli. The report recommends that C;~rmen Mignelli be appointed as an Inspector
pursuant to the Building Code Act lgg2 anti that By-law g3-283 be amended accordingly.
ORDERED on the motion of Alderman Fer~ ~, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried L:ilanimously.
MW-g8-181 - Chief Administrative office. - Re: Agreement with Ontario Hydro for
Beck Development Project. The report rec~lmmends that authorization be granted for an
agreement with Ontario Hydro for the cons:ruction of two storm sewer outlet drop shafts
for the City in conjunction with the Beck Diversion Project.
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that the
report be received and adopted. Carried U0animously.
RATIFICATION OF CORPORATE SERVI~E!S COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cumr~ings, seconded by Alderman Puttick, that the
actions taken on the following matters by th~, Corporate Services Committee, earlier this
evening be approved:
1. Adoption of the November 30, !g!~8 Corporate Services Committee Meeting
Minutes;
2. Report R-98-64 - Proposed 1999 C~,'netery Charges - i) that the changes to the
1999 Proposed Cemetery Charges a,. specified in the Cemetery Fee Schedule be
approved effective February 1, 1999; ii) that the By-law appearing later this evening
be approved; iii) that following City Council's approval, the 1999 Cemetery Fee
Schedule be forwarded to the Ministry of Consumer and Commercial Relations,
Cemeteries Branch, for their review and approval in accordance with the Cemetery
Act; iv) that following City Council's approval, and prior to implementation, that 30
days' public notice be given outlining the changes in cemetery charges;
3. Report F-98-72 - Municipal Accounts - that the Municipal Accounts totalling
$387,880.96 for the period ending December 14, 1998, be approved;
4. That Council replace By-laws 91-112 and 91-113 with a by-law which directly ties
the annual salary increase of the Mayor and Aldermen to the annual salary increase
of the union and non-union employees; .
5. Report F-98-70 - that the 1999 General Purposes Budget be approved as
presented;
6. Report F-98-71 - 1999 Capital Construction Budget - that the 1999 Capital
Construction Budget, with projections for the years 2000 to 2003 be approved as
presented;
7. Report F-98-69 - 1999 Municipal Utility Budget - that the 1999 Municipal Utility
Budget be approved as presented.
The motion Carried with Alderman Orr abstaining from the vote on conflicts of interest
previously noted and Alderman Michalczyk abstaining from the vote on Report Nos.
F-98-69; F-98-70 and F-98-71 on conflicts of interest previously noted and with all others
voting in favour.
See By-law No. 98-272
See By-law No. 98-276
L-98-87 - Chief Administrative Officer - Re: Quit Claim to Dang; Five Foot Strip in
Front of 6053 Prospect Street. The report recommends that a five foot strip along the
front of 6053 Prospect Street be Quit Claimed to the owner of the said property.
ORDERED on the motion of Alderman VolPatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unammovs y.
See By-law No. 98-269
L-98-88 - Chief Administrative Officer - ~e: Denington Agreement with the City;
Lyon's Parkway. The report recommendS"~hat an agreement with Jeffrey Denington, in
the form attached hereto, be authorized foX,the purpose of permitting a utility building to
remain on his property. ~
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 98-268
L-98-92 - Chief Administrative Officer - Re: Niagara Parks Commission Lease to the
City, Willoughby Historical Museum; 9935 Niagara River Parkway. The report
recommends to authorize the renewal of a lease agreement, in the form attached hereto,
between The Niagara Parks Commission and the City for use of the land and buildings
located at 9935 Niagara River Parkway. ~
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
See By-law No. 98-274
L-98-93 - Chief Administrative Officer - Re: Appraisal Procedure for Cash-In-Lieu of
Park Dedication; Tourist Commercial and General Commercial Properties. The report
· lJ! I1 I I I1 IIHII1: I
10-
recommends the following:
1. That Mr. Ron Ellens, Senior Appraiser for the firm of Kernahan & Graves, be
selected to carry out appraisals on the five developments identified in the report;
2. That the By-law on tonight's Agenda designating the lands that the 2% Parkland
Dedication provision is applicable to, be approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously,
See By-law No. 98-275
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
the actions taken on the following matters by Committee-of-the- Whole, earlier this evening
be approved:
1. That the Offer to purchase City-owned lands being part Lots 163 and 170,
Stamford Township north side of McLeod Road be tabled and that the offer be
extended for 60 days;
2. That the City indemnify Agra Earth Consultants and their employees with respect
to any claim for trespassing which may arise as a result of the environmental study
they are conducting on behalf of the City.
Carried
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that the
actions taken on the following matter by Committee-of-the Whole, earlier this evening be
approved:
1. That the Dog Control Animal Services Contract the City has with the Niagara Falls
Humane Society be renewed to June 30, 1999; and that dog licences will be made
available for purchase at City Hall in the Finance Department and the Niagara Falls
Humane Society.
Carried
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
98-268 A by-law to authorize an Agreement, dated December 31't, 1998, between
Jeffrey Theodore Denington and The Corporation of the City of Niagara Falls
for the purpose of permitting a utility building to remain on his property.
98-269 A by-law to authorize a Quit Claim Transfer/Deed to Vihung Dang and
Diemthuy Dang for the purpose of releasing any interest the City may have
in a five foot wide strip of land along the frontage of 6053 Prospect Street.
98-270 A by-law to designate Blocks 34, 35, 36, 37, 38. 39, 40, 41, 42, 43, 44, 45,
48 on Registered Plan No. 59M-251 not to be subject to part lot control.
98-271 A by-law to amend By-law No. 93-283, as amended, being a by-law to
appoint a Chief Building Official and Inspectors under the Building Code Act.
98-272 A by-law to approve and adopt the 1999 Proposed Cemetery Fees and
Operating Guidelines.
11
98-273 A by-law to authorize the conveyance of parts of the unopened road
allowance between Concessions 1 and 2 in the former Township of
Willoughby, lying within the limits of Lots 7 and 8 on Plan No. 257 to the
owner of the said Lots, for nominal consideration, plus costs.
98-274 A by-law to authorize a lease Agreement with The Niagara Parks
Commission for the purpose of permitting the City to lease the Willoughby
Historical Museum for a term of five years.
98-275 A by-law to amend By-law No. 98-151, respecting the conveyance of lands
for park purposes.
98-276 A by-law to authorize monies for General Purposes (December 14, 1998)
The motion Carded with Alderman Craitor abstaining from the vote on By-law No. 98-276
on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
98-268 A by-law to authorize an Agreement, dated December 31st, 1998, between
Jeffrey Theodore Denington and The Corporation of the City of Niagara Falls
for the purpose of permitting a utility building to remain on his property.
98-269 A by-law to authorize a Quit Claim Transfer/Deed to Vihung Dang and
Diemthuy Dang for the purpose of releasing any interest the City may have
in a five foot wide strip of land along the frontage of 6053 Prospect Street.
98-270 A by-law to designate Blocks 34, 35, 36, 37, 38. 39, 40, 41, 42, 43, 44, 45,
48 on Registered Plan No. 59M-251 not to be subject to part lot control.
98-271 A by-law to amend By-law No. 93-283, as amended, being a by-law to
appoint a Chief Building Official and Inspectors under the Building Code Act.
98-272 A by-law to approve and adopt the 1999 Proposed Cemetery Fees and
Operating Guidelines.
98-273 A by-law to authorize the conveyance of parts of the unopened road
allowance between Concessions 1 and 2 in the former Township of
Willoughby, lying within the limits of Lots 7 and 8 on Plan No. 257 to the
owner of the said Lots, for nominal consideration, plus costs.
98-274 A by-law to authorize a lease Agreement with The Niagara Parks
Commission for the purpose of permitting the City to lease the Willoughby
Historical Museum for a term of five years.
98-276 A by-law to amend By-law No. 98-151, respecting the conveyance of lands
for park purposes.
98-276 A by-law to authorize monies for General Purposes (December 14, 1998)
The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 98-276
on a conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
12-
Winter Festival of Lights
His Worship Mayor Thomson referred to an article in USA Today which had
featured the Festival of Lights as the Third Most Popular winter event; and Mayor Thomson
extended congratulations to Gary Hendershot and all the individuals involved in the festival.
AM-32198 A_D_~lication
His Worship Mayor Thomson referred to correspondence received by Aldermen
Volpatti and Puttick from Mr. Stuart Cox on matters that he viewed as irregularities in the
process which was followed for the AM-32/98 application and Mayor Thomson
requested that the matter be referred to staff with a report back to Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
matter be referred to staff with a report back to Council. Carried Unanimously.
Seasons Greetin_os
His Worship Mayor Thomson extended Seasons Greetings to members of Council,
staff and the community.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR