2005/03/21Committee Room #2
March 21, 2005
Council met on Monday, March 21, 2005 at 6:30 p.m. in an In Camera Session.
Alderman Pietrangelo presided as Chair. Alderman Wing was absent.
Following consideration of the items presented, the In Camera Session did not rise
to report in open session.
READ AND ADOPTED,
FIFTH MEETING
IN CAMERA SESSION
REGULAR COUNCIL MEETING
R. T. (TED) SALCI, MAYOR
Council Chambers
March 21, 2005
Council met on Monday, March 21, 2005 at 7:30 p.m. for the purpose of considering
Regular Business matters. Alderman Wing was absent due to illness. Alderman Kerrio
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that the
Minutes of the February 28, 2005 Council meeting be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Morocco indicated a pecuniary interest to cheque #290778 which was issued to
herself. Also, to cheque #290189 and #290655 made out to the place where she has an
employment contract. Alderman Morocco had a conflict on Planning Item #08, Zoning By-
law Amendment AM- 2/2005, 4949 Lyon's Creek Road as her husband owns property there
Alderman loannoni indicated a pecuniary interest to cheque #290483 and #290484 which
was issued to herself and her husband.
Alderman Campbell indicated a pecuniary interest to cheque #290130 made out to the
District School Board of Niagara, his employer.
His Worship Mayor Salci indicated a pecuniary interest to cheques #290211, #290374 and
#290684 issued to himself.
PLANNING MATTERS
PD- 2005 -14 Chief Administrative Officer Re: Zoning By -law Amendment AM-
02/2005, 4949 Lyon's Creek Parkway; Applicant: Jeff Den nington; Proposed Cottage
Rental Dwelling. The report recommends that Council deny the requested Zoning By -law
Amendment application to permit the existing detached dwelling to be used as a cottage
rental dwelling.
-2-
March 21. 2005 Council Minutes
The City Clerk indicated that prior to tonight's meeting the Planning Department received
a verbal phone call from Mr. Dennington, the applicant, requesting a deferral. He is not
willing to proceed at this time.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that
the application be deferred.
Carried Unanimously
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo to
allow Mr. Greg Chisholm the opportunity to speak. The motion Carried with Alderman
loannoni and Alderman Campbell opposed.
Mr. Chisholm requested that notification of a further meeting be circulated to
everyone present tonight. The City Clerk suggested that everyone present make sure they
sign the sign -in sheet, that the subsequent public meeting will have to be re- advertised
and a sign will be placed on the subject property. Through these three methods, everyone
interested in the matter should be informed.
PD- 2005 -13 Chief Administrative Officer Re: Zoning By -law Amendment AM-
57/2004, West side of Montrose Road, South of Gallinger Street; Applicant:
Wedgewood Builders of Niagara Limited; Proposed Townhouse Complex. The report
recommends that:
1. Council approve the requested Zoning By -law amendment application to permit the
development of a 14 -unit townhouse complex on the land; and
2. The amending by -law contain provisions regulating the development in accordance
with the layout shown on Schedule 1.
-AND
Communication No. 1 Regional Niagara Planning and Development Department.
The communication advises that the writer is not opposed to the adoption of the proposed
rezoning provided the single detached dwellings on Cortina Court to the west are
adequately buffered by fencing or another form of landscaped screening.
The Clerk advised that a Public Meeting is now being convened to consider a
proposed Amendment to the City's Zoning By -law for the property at West side of Montrose
Road, South of Gallinger Street. Notice was given by first class mail in accordance with the
Planning Act on Friday, February 18 and by posting a sign on the property in question.
Anyone who wants notice of the Passage of the Zoning By -law Amendment or to
participate in any site plan process, if applicable, shall leave their name on the sign in
sheets outside the Council Chamber.
Mr. Doug Darbyson, Director of Planning Development advised the proposal is in
compliance with the Official Plan:
status.
contributes to a mix of housing types;
fronts onto a major arterial road; and
modest density proposal /compatible with area
Conforms with Northwest Community Secondary Plan which identifies the lands for
medium density housing.
Proposed R4 (multiple dwelling) zone is appropriate to regulate the development of
the lands.
The site was previously zoned for multiples. The rezoning returns lands to its former
-3-
March 21 2005 Council Minutes
The proposed townhouse is bounded on the north and south by a future recreational
trial and a hydro corridor. The only interface with single family homes occurs on the west.
Adequate spacing has been provided between the two land uses.
The site plan process will deal with landscaping and fencing to buffer properties to
the west.
Report Conclusion
The proposal complies with the Official Plan regarding the density and location of
the proposed townhouses; and
The proposed zoning will integrate the development with adjacent residential uses.
It is recommended that Council approve the requested Zoning By -Law application
to permit the development of a 14 -unit townhouse complex on the land; and that the
amending by -law contain provisions to regulate the development in accordance with the
layout shown on location map.
The Mayor advised that members of the public are advised that failure to make an
oral or written submission at this Public Meeting could result in the Ontario Municipal Board
dismissing any referral it receives if the party has not made an oral or written submission
at the Public Meeting.
Mr. Brad Harrison, 7692 Donlee Drive questioned whether there would be fencing
for the north boundary line. It was explained that there is no requirement for fencing
adjacent to open space zones.
Mr. Bill Walters, the applicant, advised that he had a discussion with Mr. Harrison
prior to the meeting and that the developer will be fencing along the boundary line.
The public meeting was closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni, that
1. the requested Zoning By -law amendment application to permit the development of
a 14 -unit townhouse complex on the land; and
2. The amending by -law contain provisions regulating the development in accordance
with the layout shown on Schedule 1; be approved.
Carried Unanimously
PD- 2005 -16 Chief Administrative Officer Re: Zoning By -law Amendment AM-
01/2005, 5370 Ferry Street; Applicant: David Daniels; Proposed Tattoo Studio. The
report recommends that Council approve the requested Zoning By -law amendment
application to permit a tattoo studio to be established within the existing building.
The Clerk advised that a Public Meeting is now being convened to consider a
proposed Amendment to the City's Zoning By -law for the property at 5370 Ferry Street.
Notice was given by first class mail in accordance with the Planning Act on Friday,
February 18 and by posting a sign on the property in question. Anyone who wants notice
of the Passage of the Zoning By -law Amendment or to participate in any site plan process,
if applicable, shall leave their name on the sign in sheets outside the Council Chamber.
The Director of Planning Development advised the proposed tattoo studio is a
small scale commercial use which would be permitted under the Tourist Commercial
policies of the Official Plan.
The applicant proposes to convert the ground floor of the existing building into a
tattoo studio while maintaining the upper floor as a residential dwelling unit.
The proposed application is similar to a recently approved application at the corner
of Spring Street and Stanley Avenue.
Sufficient parking and landscaping has been proposed. These matters together with
a grading drainage plan will need to be secured through an agreement as a prerequisite
to zoning approval.
Report Conclusion
A tattoo studio is in keeping with uses contemplated by the Official Plan;
The proposed studio is a small -scale use that is compatible with the surrounding
area; and
Sufficient room exists on -site to accommodate parking and landscaping.
It is recommended that Council approve the requested Zoning By -law amendment
application to permit a tattoo studio to be established within the existing building.
The Mayor advised that members of the public are advised that failure to make an
oral or written submission at this Public Meeting could result in the Ontario Municipal Board
dismissing any referral it receives if the party has not made an oral or written submission
at the Public Meeting.
Mr. David Daniels, the applicant was present at the meeting. He explained this is
a better location with a long term lease. The property in question has been in the tourist
district for a long time and is his intention to clean up the property and make it compatible
with the rest of the district.
The public meeting was closed.
-4-
March 21. 2005 Council Minutes
ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that the
amendment to permit a tattoo studio be approved.
Carried Unanimously
PD- 2005 -17 Chief Administrative Officer Re: Zoning By -law Amendment AM-
04/2005, 4807 Kent Avenue; Applicant: Cogantin Developments (Dan Santin); Dance
studio use within an Industrial building. The report recommends that Council approve
the requested Zoning By -law amendment application to legalize an existing dance studio
located on the land.
The Clerk advised that a Public Meeting is now being convened to consider a
proposed Amendment to the City's Zoning By -law for the property at 4807 Kent Avenue.
Notice was given by first class mail in accordance with the Planning Act on Friday,
February 18 and by posting a sign on the property in question. Anyone who wants notice
of the Passage of the Zoning By -law Amendment or to participate in any site plan process,
if applicable, shall leave their name on the sign in sheets outside the Council Chamber.
The Director of Planning Development advised the land is designated Industrial
in the Official Plan.
Health and fitness facilities are permitted in industrial areas through amendment
provided their location, size and extent of operation are carefully regulated to protect the
-5-
March 21, 2005 Council Minutes
overall industrial function of the area.
The proposal complies with the Official Plan as follows:
The property's predominant use will continue to be industrial.
The dance studio is located toward the rear of the building, allowing
the front of the building to be preserved for an industrial use that benefits
from Queen Elizabeth Way exposure.
There is adequate parking and traffic circulation for the dance studio.
Adequate landscaping is already provided on the site to give a business
park appearance.
Report Conclusion
The proposal is within the intent and purpose of the Official Plan regarding
ancillary uses in industrial districts;
The use should not interfere with other uses on the property with regard to access
and parking; and
The requested zoning, which would limit the size of the dance studio to the existing
studio area, is appropriate.
It is recommended that Council approve the requested Zoning By -law
amendment application to recognize a dance studio as a permitted use on the subject
lands.
The Mayor advised that members of the public are advised that failure to make an
oral or written submission at this Public Meeting could result in the Ontario Municipal Board
dismissing any referral it receives if the party has not made an oral or written submission
at the Public Meeting.
Mr. Dan Santin, the applicant was present at the meeting to answer any concerns
He purchased the building in November and found out the dance studio was not in
compliance and the purpose of the application is to comply with the zoning by -law.
The public meeting was closed
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the amendment to permit a dance studio be approved.
Carried Unanimously
PD- 2005 -15 Chief Administrative Officer Re: Zoning By -law Amendment AM-
11/2004, Lands located within the Northwest Quadrant of the Q.E.W. and McLeod
Road; Applicant: City initiated proposal to facilitate future commercial development.
The report recommends that Council approve the proposed amendments to the Official
Plan and Zoning By -law for the City-owned land located within the northwest quadrant of
the Q.E.W. and McLeod Road in order to facilitate future commercial development.
AND
Communication No. 1 Regional Niagara Planning and Development Department.
The communication advises that the writer is not opposed to the adoption of the proposed
official plan and zoning by -law amendments for the Niagara Square Retail District.
-6-
March 21, 2005 Council Minutes
The Clerk advised that a Public Meeting is now being convened to consider a
proposed Amendment to the City's Official Plan and Zoning By -law for the property at lands
located within the Northwest Quadrant of the Q.E.W. and McLeod Road: Notice was given
by first class mail in accordance with the Planning Act on Friday, February 18 and by
posting a sign on the property in question. Anyone who wants notice of the Passage of the
Zoning By -law Amendment or to participate in any site plan process, if applicable, shall
leave their name on the sign in sheets outside the Council Chamber.
The Director of Planning Development advised in December 2002, Council
declared the 30 acres of City -owned lands at the northwest corner of Montrose and
McLeod Road surplus.
Staff was authorized to determine the highest and best use of the land through
appropriate OP and zoning changes.
A market study was commissioned to investigate the feasibility of expanding the
Niagara Square Retail District to include the subject lands for commercial development
purposes.
The study concluded that the inclusion of the City's 30 acre site as part of the district
would help revitalize this commercial node and bolster its function as a regional servicing
facility.
Based on the recommendations contained in the market study, Official Plan and
zoning amendments have been prepared to facilitate up to 310,00 sq. ft. of commercial
development on the subject lands including a large -scale retail anchor, a supermarket and
specialty retail space.
To further strengthen the role and function of the Niagara Square District, the
City's Planning documents will enhance the range of development opportunities permitted.
Recreational, community and cultural facilities will be permitted to complement the
range of commercial facilities provided to create a strong serving node.
The former landfill site will continue to be designated for Open Space purposes and
will be developed as a passive park with trial linkages into the surrounding residential
community.
Servicing:
1. Water and sewer mains will need to be extended to the site.
2. Access to the site will be regulated by the Region.
3. Traffic impact studies will required once the nature and extent of future commercial
development is known.
Report Conclusion
Conforms with objectives of the Official Plan;
Creates an opportunity to strengthen and expand the Niagara Square retail district
and to maintain its role as the City's regional retail district;
The market study suggests that the development of subject lands will help revitalize
this commercial node; and
Recreational, community and cultural facilities will compliment this community
serving node.
March 21, 2005 Council Minutes
It is recommended that Council approve the proposed amendments to the Official
Plan and Zoning By -law for the City -owned lands located within the northwest quadrant of
the Q.E.W. and McLeod Road in order to facilitate future commercial development.
The Mayor advised that members of the public are advised that failure to make an
oral or written submission at this Public Meeting could result in the Ontario Municipal Board
dismissing any referral it receives if the party has not made an oral or written submission
at the Public Meeting.
Concerns were expressed regarding the effect the re- zoning would have on
business downtown and how it would revitalize Niagara Square. The Planner commented
that downtown is a specialty market area. This site is recommended as a future power
centre site to complement the existing Niagara Square site and lead to area rejuvenation.
The market study commissioned by the City recommends utilizing this property to expand
the node and bring in more commercial opportunities. Also, the downtown redevelopment
strategy is different focussed on specialty shops, historic attractions and an entertainment
district not big box developments. As for Niagara Square, commercialization of the subject
property will a create critical mass that will help the City compete with other communities.
Council was reminded that direction had been given to staff to be proactive with this
land so that the City, not a private developer, would be able to maximize its' market
potential.
The public meeting was closed.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio approve
the proposed amendments to the Official Plan and Zoning By -law for the City-owned land
located within the northwest quadrant of the Q.E.W. and McLeod Road in order to facilitate
future commercial development. The motion Carried with the following requested recorded
vote.
AYE Alderman Volpatti
AYE Alderman Pietrangelo
AYE Alderman Kerrio
NAYE Alderman loannoni
AYE Alderman Diodati
AYE Alderman Morocco
AYE His Worship Mayor Salci
NAPE Alderman Campbell
REPORTS
REQUESTS FOR AMENDMENTS UNDER THE CITY'S ANIMAL CONTROL BY -LAW
CD- 2005 -05 Chief Administrative Officer Request for Exemption under the City's
Animal Control By -law (2002 -129), 9304 McLeod Road, Claws Paws. The report
recommends that Council deny the request for an exemption.
-AND
Communication No. 1 Valerie Brown, Niagara Falls Humane Society. The
communication advises that the writer strongly recommends to the City of Niagara Falls
that they do not allow an exemption in this instance.
Communication No. 2 Kathryn and Pam Stewart. The communication advises the
writer requests the necessary amendment to the By -law to permit the rescue operation.
-8-
The City Clerk noted that the requirement of Claws and Paws is an amendment to
the City's Animal Control By -law. The by -law permits no more than three cats. A prior
application came in November to permit an animal shelter as a use in a Light Industrial
zone. That was approved at Council, however, for the zoning by -law to come back it was
contingent upon the applicant making application to get relief under the Animal Control By-
law. Staff are obviously not animal welfare experts, therefore, staff have relied on
information received from professionals such as the Humane Society and a veterinarian
who was on site. As a result staff felt they could not recommend relief under the Animal
Control By -law at this time. Because staff have recommended denial, possible conditions
such as cap on the maximum number of cats, provision for regular veterinarian care or any
spade or neutering requirements have not been contemplated.
Mr. Wayne Thomson, agent for the applicant, was present at the meeting. Mr.
Thomson indicated that this is a relocation of an existing operation which has happened
over a short period of time and the volunteers that man the operation are trying their best
to provide an appropriate facility for the numerous cats that have been brought to them.
He indicated that Claws and Paws is registered, non profit charitable organization and is
adhered to by Provincial legislation regarding governance, financial records, reporting and
their operations. Once the application is approved the owner of the property is prepared
to make the necessary changes to house a proper animal shelter.
Mrs. Sharon Allen, the operator, noted that they are in a transition period and are
growing. They are willing to work with the Humane Society.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell that the
report be deferred to allow all parties to work together to resolve the outstanding issues.
CD- 2005 -06 Chief Administrative Officer Request to keep a Fennec. The report
recommends that the existence of the pet fennec be registered with the Clerk's office.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
the existence of the pet fennec be registered with the Clerk's office.
Alderman loannoni left the Council meeting due to illness.
March 21, 2005 Council Minutes
PUBLIC MEETING RECREATION CULTURE MATTERS
Carried Unanimously
Carried Unanimously
R- 2005 -16 Chief Administrative Officer Re: Potential Arena Development. The
report recommends that Council reconsider their original decision to twin Chippawa
Willoughby Memorial Arena and instead direct staff to advertise for suitable property to
construct a new twin pad arena.
Adele Kon, Director of Parks Recreation gave an overview of the proposal and
history. Council, last year, approved that the Chippawa arena be twinned and staff prepare
a report to show the financial implication of proceeding with both projects (Chippawa twin
pad and community twin pad) concurrently.
It is recommended that the City requires one additional ice pad in the short (1 to 5
years) and in 10 years time a second ice pad would be needed. Through the study, it is
recommended in the short term that a twin pad arena complex be built and Niagara Falls
-9-
March 21. 2005 Council Minutes
Memorial Arena be closed. In the long term, Chippawa/Willoughby Memorial arena be
twinned and the future of Stamford /Jack Bell arena investigated. If Niagara Falls Memorial
arena is to remain open it would require some significant capital improvements
immediately. Based on the information obtained to date, staff is recommending that
Council direct staff to look for a suitable property that can minimally construct a twin pad
arena.
Discussion ensued regarding whether staff had looked into twinning Chippawa
immediately and building only one of the pads, for the future twin pad to replace Niagara
Falls Memorial arena, in the short term. The C.A.O. commented that that scenario has not
been looked into but staff will do so.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that Council
direct staff to advertise for suitable property to construct a new twin pad arena and
investigate the twinning of Chippawa while building only one area on the future twin pad
site.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
His Worship Mayor Salci made mention to the four R.C.M.P. officers that passed
away during the line of duty.
A condolence letter was sent to the family of Jeremy Speck the brother of Kristine
Speck, a city employee, and son Mary Speck.
On April 3, 2005 there will be a spaghetti dinner held at Club Italia with proceeds to
the GNGH.
x
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Downtown Niagara Falls Board of Management Re: their proposed 2005 budget
requesting approval of2005 budget for $180,000. Recommendation: For the consideration
of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the
Council approve the 2005 budget.
Carried Unanimously
City of St. Catharines Re: representation at the Region requesting that the City
support a resolution calling for a system of representation which corresponds to population
distribution at the Region. Recommendation: For the consideration of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati be received
and filed.
Carried Unanimously
Rocco Vacca, Sullivan Mahoney Re: Niagara Falls Sports Flex requesting that the
matter of a partial exemption from Development Charges be brought back before Council.
Recommendation: For the consideration of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco be
received and filed. The motion Carried with Alderman Diodati declaring a conflict and
Alderman Pietrangelo and Alderman Campbell opposed.
-10-
Welland County Law Association Re: Land Registry Office requesting funding to
launch litigation regarding the closure of the Welland Registry Office. Recommendation
for the consideration of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco be
received and filed.
Carried Unanimously
Tom Saks, Renaissance Fallsview Re: water issues seeking advice to ensure the
problem doesn't occur again. Recommendation: For the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco be
received and filed.
RATIFICATIONS
March 21. 2005 Council Minutes
Ratification of Corporate Services of March 7.2005 (Alderman Wayne Campbell, Chair)
1. THAT the minutes of the February 14` meeting be adopted as recorded.
2. THAT the verbal update on the sewer Consumption Credit be received for
information.
3. THAT Report R- 2005 -14 Review of 2005 Parks, Recreation Culture Budget, be
received and filed.
4. Report F- 2005 -11 Niagara District Airport Commission THAT an increase to the
2005 municipal grant be approved with the stipulation that the grant is contingent
upon Council representation and that the other municipalities contribute the same
increase.
5. THAT funding to Niagara Falls Tourism be reduced by $100,000 to $388,500.
6. THAT $1.5 million be put into the 2005 General Purposes Budget for road overlay,
rehabilitation and surface treatment programs.
7. THAT the 2005 General Purposes Budget and the 2005 Capital Projects Budget be
approved as amended.
ORDERED on the motion of Alderman Campbell and seconded by Alderman Volpatti that
the items from the March 7, 2005 Corporate Services meeting be ratified. The motion was
Carried. Alderman Volpatti objected to Item #5. Alderman Morocco declared conflict to
Item #5 and opposed to Item #7. Alderman Kerrio declared conflict to Item #5 and
opposed to Item #6, 3% tax increase. Alderman Pietrangelo opposed to Item #6, 3% tax
increase.
Ratification of Community Services Committee Actions (Alderman Selina Volpatti,
Chair)
1. That the minutes of the February 14, 2005 meeting be approved.
Carried Unanimously
2. That Committee approve the registration of the new City of Niagara Falls Corporate
Logo submitted by Courtois Mather Creative Inc.
3. a) That Committee approve revisions to the existing parking control measures
March 21 2005 Council Minutes
on Kalar Road between Thorold Stone Road and Niven Drive.
b) That staff continues to monitor and strictly enforce commercial lots not in
compliance with the licensing by -law.
d) That the McBain Community Centre Status Report be received for the
information of Council.
4. That the Taxi stand located on the west side of Fallsview Boulevard, north of Murray
Street, in front of the Fallsview Best western Hotel, be removed.
ORDERED on the motion of Alderman Volpatti seconded by Alderman Morocco that the
items from the February 14, 2005 Community Services meeting be ratified.
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE
APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET.
THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE
MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the
recommendations contained in each of the reports on the consent agenda be approved.
Carried Unanimously
F- 2005 -12, Statement of Renumeration for Members of Council and Commissions
For the information of Council.
F 2005 13, Municipal Accounts. That Council approve the municipal accounts totaling
$15,550,449.51 for the period of January 25, 2005 to March 8, 2005.
FS 2005 01, Purchase of Used Aerial Fire Truck. That Council authorize the
replacement of a 1977 Hendrickson 75 -foot Aerial with a 1989 Sutphen 75 -foot Aerial from
Youngwood Hose Company No. 1 in Youngwood, Pennsylvania. The total cost, which
includes making the necessary upgrades, is $255,000.00 plus duty and taxes.
L 2005 14, Permanently Closing Part of Ramsey Road.
1. That staff be authorized to commence proceedings to permanently close part of an
unmaintained portion of Ramsey Road being part of Township Lots 212 to 216, part of road
allowance between Township Lots 212 and 213 and between Township Lots 214 and 215,
being north of Chippawa Parkway and east of Dorchester Road, (the "subject lands
shown dotted on Schedule "A attached to this Report.
2. That a Notice of the proposed permanent closing of the subject lands be given in The
Review in accordance with By -law No. 2003 -02. The contact person is the writer of this
Report.
MW 2005 27, Colangelo Estates Subdivision, Payments of Oversizing Growth
Related Capital Works. It is recommended that funds in the amount of $213,472.00 be
transferred from the Development Charges Reserve Fund and paid to 586112 Ontario
Limited in accordance with the Colangelo Estates Subdivision Agreement.
MW- 2005 -28, Canadian Water Network Funding. For the information of Council.
-12-
BY -LAWS
March 21, 2005 Council Minutes
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
leave be granted to introduce the By -laws and the By -laws be now read a first time:
200545 A by -law to amend By -law No. 79 -200, to permit an increased building height
for a mixed use development. (Kargo Properties, 4354 Drummond Road).
2005 -36 A by -law to amend By -law No. 79 -200, to recognize the subject land as one
lot for the purposes of providing parking and to recognize previous variances
granted for the subject land. (AM- 54/2004, 4417 Kent Avenue).
2005 -37 A by -law to authorize the execution of an Offer to Purchase from The
Corporation of the City of Niagara Falls "City to Her Majesty the Queen in
Right of Canada, as represented by the Minister of Public Works and
Government Services "Her Majesty and a Memorandum Agreement
Environmental Disclosure "Memorandum Agreement between Her Majesty
the Queen in Right of Canada, as represented by the Minister of National
Defence "DND and the City respecting 5049 Victoria Avenue being the
Niagara Falls Armoury.
200538 A by -law to establish Part 1 on Reference Plan 59R -12640 as a public
highway, to be known as and to form part of McLeod Road.
2005 -39 A by -law to establish Part 3 on Reference Plan 59R -12368 as a public
highway, to be known as and to form part of Mulhern Street.
2005 -40 A by -law to establish Lots 14 and 16 and Blocks 24 and 25 on Plan 59M -327
as a public highway, to be known as and to form part of Colangelo Drive.
200541 Being a by -law to amend By -law 2004 -119, being a by -law to provide for
citizen appointments to certain Boards, Commissions and Committees.
2005 -42 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Northwest corner of McLeod and Montrose Roads).
200543 A by -law to amend By -law No. 79 -200, to permit the residential development
of land on the east side of Stanley Avenue and north side of Portage Road.
(AM- 05/2004, 2283 Portage Road).
2005 -44 A by -law to amend By -law No. 79 -200, to permit an 8 -unit apartment dwelling
and four one family detached dwellings. (AM- 36/2004, 6269 6293
Dorchester Road).
200545 A by -law to authorize the payment of $15,550,449.51 for General Purposes.
200546 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 21 day of March, 2005.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the By -laws be now read a second and third time:
200545 A by -law to amend By -law No. 79 -200, to permit an increased building height
for a mixed use development. (Kargo Properties, 4354 Drummond Road).
200546 A by -law to amend By -law No. 79 -200, to recognize the subject land as one
lot for the purposes of providing parking and to recognize previous variances
-13-
March 21. 2005 Council Minutes
granted for the subject land. (AM- 54/2004, 4417 Kent Avenue).
2005 -37 A by -law to authorize the execution of an Offer to Purchase from The
Corporation of the City of Niagara Falls "City to Her Majesty the Queen in
Right of Canada, as represented by the Minister of Public Works and
Government Services "Her Majesty and a Memorandum Agreement
Environmental Disclosure "Memorandum Agreement between Her Majesty
the Queen in Right of Canada, as represented by the Minister of National
Defence "DND and the City respecting 5049 Victoria Avenue being the
Niagara Falls Armoury.
2005 -38 A by -law to establish Part 1 on Reference Plan 59R -12640 as a public
highway, to be known as and to form part of McLeod Road.
2005 -39 A by -law to establish Part 3 on Reference Plan 59R -12368 as a public
highway, to be known as and to form part of Mulhern Street.
2005 -40 A by -law to establish Lots 14 and 16 and Blocks 24 and 25 on Plan 59M -327
as a public highway, to be known as and to form part of Colangelo Drive.
2005 -41 Being a by -law to amend By -law 2004 -119, being a by -law to provide for
citizen appointments to certain Boards, Commissions and Committees.
2005 -42 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Northwest corner of McLeod and Montrose Roads).
2005 -43 A by -law to amend By -law No. 79 -200, to permit the residential development
of land on the east side of Stanley Avenue and north side of Portage Road.
(AM- 05/2004, 2283 Portage Road).
2005 -44 A by -law to amend By -law No. 79 -200, to permit an 8 -unit apartment dwelling
and four one family detached dwellings. (AM- 36/2004, 6269 6293
Dorchester Road).
2005 -45 A by -law to authorize the payment of $15,550,449.51 for General Purposes.
2005 -46 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 21' day of March, 2005.
NEW BUSINESS
Carried Unanimously
Falls Management
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that
Council send a letter to Duncan Brown, C.E.O. of the Ontario Lottery Gaming
Corporation thanking him for demanding that the Falls Management Company (FMC)
honour their commitment to the Province to provide an attractor to the municipality, in
relation to their winning bid for the Casino/ Gateway project and that the following
resolution be forwarded:
That Falls Management Company (FMC), the operator of the two Niagara Falls casinos,
and the Hyatt Gaming Consortium stop their stalling tactics and take immediate action to
live up to the promises made to Niagara Falls residents when the Casino contract was
awarded in 1998; and
That the FMC and Hyatt Gaming be obligated to fulfill all other commitments contained in
its bid and contract; and
That the FMC and Hyatt Gaming honour the commitment for an attractor which was been
estimated at $40 million in 1998; and
That because the estimate was $40 million in 1998 that the investment be in "today's
dollars and
That the attractor be either the year -round amphitheater as per the FMC and Hyatt's
original commitment or something similar in intent. The attractor must have the following
features:
March 21. 2005 Council Minutes
it must create benefits for the tourism industry and local community.
it must be in keeping with the original RFP that stipulated that it would off -site and
not be part of the Fallsview Casino complex. This would ensure that a "black hole"
effect would not be created and the tourist sector in Niagara Falls would contain a
number of thriving nodes.
it not be combined with the conference space in the Fallsview Casino The attractor
and convention space were two completely distinct elements of the FMC proposal;
and
That the Province conduct a public inquiry into why the Falls Management Company and
Hyatt have been able to walk way from their obligations to deliver on their promises to the
residents of the City of Niagara Falls and the people of Ontario; and
That the Ontario Lottery Gaming Corporation make a commitment to maintaining two
casinos in Niagara Falls.
Carried Unanimously
Project S.H.A.R.E.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
Council enter a team in the Project S.H.A.R.E. fundraiser go -cart race.
Carried Unanimously
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco,
that the meeting be adjourned at 10:30 p.m.
READ AND ADOPTED,
Carried Unanimously
DEAN IORFIDA,`CITY CLERK R. T. (TED) SALCI, MAYOR