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Minutes 2000FIRST MEETING COMMITTEE-OF- THE-WHOLE Committee Room #2 January 10, 2000 Council met on Monday, January 10, 2000 at 6:30 p.m. in Committee-of~the Whole. All members of Council were present. Alderman Carolynn Ioannoni presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole did not rise to report in open session. READ AND ADOPTED, ............ WA YNE THOMSON, MA YOR REGULAR COUNCIL MEETING Council Chambers January lO, 2000 Council met on Monday, January 10, 2000 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Alderman Volpatti offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the Minutes of the Planning/Regular Council Meeting of December 6, 1999 and Special Council Meeting of December 7, 1999 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Cheque Nos. M92872 and M92866 because he is employed by the School Board. Aides,nan Craitor indicated a pecuniary interest on Cheque Nos. 249098, M92865, M92877, 248830, M92871, 248978, M92864, 248910 and M92875 because a member of his family is employed by the Region. Alderman Pietrangelo indicated a pecuniary interest on Cheque Nos. M92872, M92866 and M92868 because he is employed by the School Board. PRESENTA~ONS 1, Coats for Kids Program Anne Angelone thanked His Worship Mayor Thomson and members of Council for their tremendous support during the Coats for Kids Program, as well as the many volunteers who helped with cleaning and distributing the coats. She also thanked the volunteers who knitted scarves and mittens and then presented His Worship Mayor Thomson with the Coats for Kids Mascot. His Worship Mayor Thomson thanked Anne Angelone and all the volunteers for their hard work during this program. DEPUTA~ONS Woman to Woman. a Greater Niagara General Hospitsl Committee Anne Angelone announced that the Woman to Woman Fashion Show will be held on February 11, 2000 at Club Italia and presented Council with invitations. The proceeds will benefit The Auxilliary Women's Health Centre at the Greater Niagara General Hospital. She then gave a brief history of how these dedicated women who sit on this committee help women with breast cancer, and support all women in need. Pink ribbons were distributed to all Council members to be worn as a symbol in support of this cause. Following the presentation, His Worship Mayor Thompson thanked Anne Ange/one and wished her luck with the Fashion Show. 2. Ch~n_Dawa Citizens Commit~e~ Derek Tidd, Town Crier, began the presentation by leading in a group of citizens dressed in period costumes and announcing the official opening celebration of 150 years of the Incorporation of the Village of Chippewa and advised of the planned events that would be taking place in Chippewa. Bowman Andrews, presented His Worship Mayor Thomson with a booklet of the history of Chippewa, a medallion coat of arms of Chippewa and an agenda of the celebration of events. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher that the programs planned be endorsed and supported. Carried Unanimousl.v. 3. Smoke Detector8 Lee Smith, Assistant Fire Chief, provided information with respect to smoke detectors to clarify some of the recent issues. He explained the two types of smoke detectors that are being sold; ionization and photo electric detectors and advised that 90% of smoke detectors that are being used are the ionization type and he also advised that it is a legal requirement to have at least one smoke detector in your home and it is necessary to maintain your smoke detectors. He info~rr~ed Council that there is an inservice program in effect and firemen are going door to door to clarify any questions people might have with respect to smoke alarms. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson wished Council and Staff a happy New Year and highlighted major events, developments and accomplishments that took place in 1999 and also outlined plans for further advancement and progress in 2000. He commented on a few major events that would be happening such as the restructuring of local government, the conclusion of the permanent casino and removal of the railway tracks in the middle of the City. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Communication No. f . City of Toronto, Board of Health - Re: Canada Wide Standard for Mercury in Power Generating Section. The communication requests that City Council write to the Federal Minister of the Environment to establish a Canada Wide Standard (CWS) for mercury that would effectively cap mercury emissions from Ontario's coal-fired generating stations at 45 kilograms by the year 2002. ORDERED on the motion of Alderman Fisher, seconded by Alde~r~an Feren, that the request be supported and a copy of the letter be forwarded to Bart Maves, M.P.P. and Gary Pillitteri, M.P. Carried Unanimously. Communication No. 2- City of Brampton, Legal Services Department. Re: Resolution - The communication requests that Council, with respect to Highway 407 Electronic Toll Road Billing Process, endorse a resolution requesting that the Ontario Govemment remove the power to deny re-licensing of vehicles in the collection of overdue accounts; and further that any penalty for non-payment be fair. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher that the request be supported. Carried Unanimousl_v. Communication No. 3 - Corporation of the Township of Grey- Re: Resolution - The communication requests that Council endorse a resolution requesting the Minister of Agriculture, Food and Rural Affairs to cancel the reorganization of its field offices and that the Ministry should immediately commence a consultation process with agricultural organizations and interested stakeholders to ascertain the needs and requirements of our Ontario Farmers. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that the correspondence be received and filed. The motion was defeated with Aldermen Volpatti, Wing, Campbell, Janvary-Pool, Craitor and Michalczyk voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Volpatti that the resolution be supported. Carried Unanimousl.v. Communication No. 4 - Kevin and Lori Peters, Re: Development Fees - Urban v. Rural, Willick Road Subdivision. The communication requests that Council amend the by-law to allow the payment of development fees based on "rural" rather than "urban" rates. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the request be supported. The motion ¢p~ed with Alderman Puttick voting contrary to the motion and with all others voting in favour. CommuniCation No. 5 - City of Port Colborne, Economic Development Office. Re: 3~d Annual Tim Horton's Sportsfest to be held on February 24, 25, 26 & 27, 2000. The communication requests that all municipalities participate in the "MayoKs Challenge" Municipal Hockey Tournament, as well as several other planned events. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren that the matter be referred to John MacDonald. Carried Unanimously. -4- Communication No. 6 - City of Samia - Re: Resolution. The communication requests that Council support a resolution petitioning the Province of Ontado to remit back a portion of the gasoline tax for public and surface transportation to local communities across Ontario. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher that the request be supported. Carded Unanimousl_v. REPORTS RATIFICA TION OF PARKING & TRAFFIC COMMITTEE ACTIONS MW-2000-01 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal Parking & Trsffic Committee Recommendations - December 21, 1999 Meeting. 1) MW-99-159 - Buchner Place - Parkina_ Restriction Rea_uest It is recommended that Permit Parking system be implemented on the south side of Buchner Place from a point 1Om east of Drummond Road and the east limit, at all times, excluding Sundays from 9:00 a.m. to 12.00 noon. A stopping restriction be implemented on both sides of Buchner Place from Drummond Road to a point 1Om east of Drummond Road to reflect existing field conditions that parking be restricted at all times on the north side of Buchner Place from a point 1Om east of Drummond Road and the east limit. 2) Munic~nal Parkinu_ and Traffic Committee Quorllm It is recommended that the number of Committee Members required for a quorum be reduced to 7 persons instead of the current 9 persons. ORDERED on the motion of Alderman Craitor, seconded by Aldefi-r~an Michalczyk, that the report be received and adopted. Carded Unanimousl_v. ORDERED on the motion of AIde~rr~an Craitor, seconded by Alderman Janvary-Pool, that a request to the Region be made to immediately implement advanced green lights at the following intersections: Lundy's Lane and Dorchester Road; Montrose Road and Lundy's Lane; Mordson Street and Dorchester Road and Mordson Street and Drummond Road. Carded UnanimoLl~ly. PARKS. RECREATION & CULTURE MA TTERS R-2000-01. Chairperson, Sports Wall of Fame Committee - Re: 1999 Sports Wall of Fame Inductees. The report recommends that Council endorse the following 1999 Inductees to the Niagara Falls Sports Waft of Fame, as recommended by the Sports Wall of Fame Committee: 1900 - ~950 Era Eddie Mulligan Athlete (Baseball, Hockey & Basketball) Bob "Barney" Barnes Douglas Marshall SCVFA Bantam Baseball Team, 1967 Paul Thomas Builder Athlete (Basketball) Team (Baseball) Athlete (Basketball) ~ 1 Ill I Ii IIIII -5- A.N. Myer Senior Boy's Soccer Team, 1980 Winston Auld Dan Lefeb~ve Dorothy Miller SCVFA Bantam Baseball Team, 1980 Team (Soccer) Builder Athlete (Cycling) Athlete (Speedskating) Teem (Baseball) ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimousl.v. RATIFICATION OF ENVIRONMENTAL PLANNING & GREENING COMMITTEE ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Campbell, that the actions taken in Environmental Planning & Greening Committee, on December 15, 1999 be approved: That the Environmental Planning & Greening Committee support the staff initiative to remove encroachments from City Parkland and further, that items in the report dealing with installation of gates, be deferred, pending further information. That the Environmental Planning & Greening Committee support the hosting of a Public Forum to allow members of the community additional input into the Millennium Trail Project. Carded Unanimousl. v CORPORA TE SERVICES MA TTERS HR-2000-02 - Chief Administrative Officer - Re: City Employees' Social Night. The report recommends that Council authorize an expenditure of $2,500 towards the operating costs of the City Employees' Social Night. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the report be received and adopted. Carded Unanimousl_v F-2000.01 . Chief Administrative Officer - Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $27,081,562.66 for the period ending January 10, 2000. ORDERED on the motion of Alderman Pietrangelo, seconded by Aldem~an Campbell, that the report be received and adopted. The motion Carded with Aldermen Campbell, Craitor and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. MISCELLANEOUS MATTERS L-2000-03. Chief Administrative Officer - Re: Establishment of Road Widening As Part of Portage Road, Part 3 on Reference Plan No. 59R-10649. The report recommends that Part 3 on Reference Plan No. 59R-10649 be established as a public highway to be known as Portage Road. ORDERED on the motion of AIde~-~an Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carded Unanimousl_v. L.2000-06 - Chief Administrative Officer- Re: Correcting Deed to Lorenzo Leone and Mary Leone, Part of 304f Portage Road. The report recommends the authorization of a correcting Transfer/Deed to Lorenzo Leone and Mary Daniella Leone. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the report be received and adopted. Carded Unanimousl. v. -6- PD-2000-01 - Chief Administrative Officer- Re: Appeal to Zoning By. law No. 99-272, City File: AM.25/99 (Skylon Property), 656508 Ontario Limited cio George Yerich. The report recommends that Council reaffirm, by resolution, the passing of By-law No. 99- 272 and staff proceed with submission of the appeal to the Ontario Municipal Board. - AND - Communication No. 7. The communication constitutes Notice of Appeal from the passing of Zoning By-law No. 99-272 from Edwin A. Cogan. Communication No. 8 - The communication constitutes Notice of Appeal from the passing of Zoning By-law No. 99-272 from 1086868 Ontario Limited. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimousl.v. See Resolution No. 1 PD-2000-02 - Chief Administrative Officer- Re: Appeal to Zoning By-law No. 99-259, City File: AM-35/98 (Brigis - Mountain Rd. At QEW), 663848 Ontario Limited. The report recommends that Council reaffirm, by resolution, the passing of By-law No. 99-259 and staff proceed with submission of the appeal to the Ontario hfunicipal Board. - AND. Communication No. 9. The communication encloses their Notice of Appeal to City of Niagara Falls By-law No. 99-259. Communication No. 10- The communication is the Notice of Appeal of 1251589 Ontario Limited. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimousl_v. See Resolution No. 2 RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Wing, that the action taken on the following matter by Committee-of-the-Whole, =,ariier this evening, be approved: Re: Disposal of Vacant Land on Delta Drive, Lot 35 on Registered Plan No. M-58. That Lot 35 on registered Plan No. M-58 be declared surplus and offered for sale to the public by sealed tender. 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 by sealed tender. That Transfers of Easements, for any required easements, be made prior to the conveyance of the subject lands. ~ RESOLUTIONS NO. f - IOANNONI - FISHER - BE IT RESOLVED THAT Council of the Corporation of the City of Niagara Falls reaffirms its support of By-law No. 99-272, notwithstanding the objection received from Mr. Edwin A. Cogan and 1086868 Ontado Limited. Carded Unanimously -7- NO. 2 - CRAITOR - FEREN - BE IT RESOLVED THAT Council of the Corporation of the City of Niagara Falls reaffirms its support of By-law No. 99-259, notwithstanding the objection received from 663848 Ontario Limited. Carded Unanimousl.v 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: 2000-01 2000-02 2000-03 2000-04 2000-05 A by-law to authorize the execution of an agreement with CSDC Systems Inc. (Implementation and Acceptance Agreement) A by-law to authorize the execution of an agreement with CSDC Systems Inc. (Licensor Maintenance and Technical Support Agreement) A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) A by-law to establish Part 3 on Reference Plan No. 59R-10649, as a public highway, to be known as and to form part of Portage Road. A by-law to authorize a correcting Transfer/Deed to Lorenzo Leone and Mary Daniella Leone, as joint tenants, for Parts 4, 5, 6, 8, 9, 10, 11, 12 and 19 on Reference Plan No. 59R-6428. 2000-06 2000-07 To authorize monies for General Purposes (January 10, 2000) A by-law to declare surplus Lot 35 on ragisterad Plan No. M-58, being land owned by the City of Niagara Falls on Delta Drive and to authorize that public notice be given of the said land being declared surplus and will be offered for sale by ~ealed tender. The motion Carded w~th Aldem~en Campbell, Craitor 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 Feren, seconded by Alderman Pietrangelo, that the following by-laws be new read a second and third time: 2000-01 A by-law to authorize the execution of an agreement with CSDC Systems /nc. (Implementation and Acceptance Agreement) 2000-02 A by-law to authorize the execution of an agreement with CSDC Systems Inc. (Licensor Maintenance and Technical Support Agreement) 2000-03 2000-04 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) A by-la, to establish Part 3 on Reference Plan No. 59R-10649, as a public highway? to be known as and to fofm part of Portage Road. -8- 2000-05 A by-law to authorize a correcting Transfer/Deed to Lorenzo Leone and Mary Daniella Leone, asjointtenants, forParts 4, 5, 6, 8, 9, 10, 11, 12 and 19 on Reference Plan No. 59R-6428. 2000-06 To authorize monies for General Purposes (January 10, 2000) 2000-07 A by-law to declare surplus Lot 35 on registered Plan No. M-58, being land owned by the City of Niagara Falls on Delta Drive and to authorfze that public notice be given of the said land being declared surplus and will be offered for sale by sealed tender. The motion Carded with Aldermen Campbell, Craitor and F~etrangelo abstaining from the vote on conflicts of interest previously noted and with all o',hers voting in favour. NEW BUSINESS Alderman Ioannoni advised Council that she participated in a "Conflict Resolution & Peer ManagemenF seminar with 22 grade 71 students from A.N. Myer Highschool. She commended Pam Walker and Ken Mason and all others who were involved in putting this seminar together. Alderman Ioannoni invited Council to attend on Fri(~'ay, January 14, 2000 at 2:00 p.m. Cummington Square, as Steve Penteger is providing space in his office for a Community Policing Office for the Village of Chippa~va at no cost. Alderman Ioannoni announced that there will be a follow-up information night to be held at the Chippawa Lions Hall on Tuesday, January 25, 2000 with respect to Chippawa Community Policing and everyone is welcome to attend. ORDERED on the motion by Alderman Fisher, seconded by Alderman Ioannoni that a letter of thanks be forwarded to Steve Penteger for providing office space for the community policing in Chippewa. Carded Unanimously, ORDERED on the motion by Alderman Fisher, seconded by Alde,,an Janvary-Pool that a letter of congratulations be forwarded to Gary Hendershot and his Board, Kathy Murray and her staff and all volunteers with respect to the Festival of Lights fora job well done. Carded Unanimous/v, Alde~r~an Fisher requested that since Chippawa is celebrating 150 years it would be appropriate that businesses participate by trying to make their stores and windows look like that era. Alderman Janvary-Pool updated Council on the Millennium Clock and explained how the names will be put on a plaque. She advised that the orders will end on March 31, 2000 and a special ceremony will take place on July 1, 2000 to put the names on the clock. Alde~-~an Janvary-Pool advised Council that she attended a Church Service on January 2, 2000 at the Sheraton Falls View Hotel for the Millennium which involved many churches. Alderman Janvary-Pool announced that there will be a Millennium Heritage Weekend sponsored by the Civic Committee involving Museums which will be held on Saturday, February 19, 2000 from 9:00 a.m. - 5:00 p.m. where the following Museums will be open to the public: Lundy's Lane Historical Museum, Willoughby Heritage Museum, Niagara Children's Museum, Niagara Falls Public Library will have a history collection and the Niagara District Scouting Museum. 10. -9- Alderman Michalczyk announced that the Governance Committee will resume this Wednesday, January 12, 2000. Also, our Council is scheduled to hold a meeting with respect to the Niagara Govemance Review on Thursday, January 20, 2000 at 5:00 p.m. in the Council Chambers, the public is welcome to attend. Further, a meeting will be held on Tuesday, February 1, 2000, at the Niagara Falls Optimist Hall, at which time public input will be sought. ORDERED on the motion of Alderman Feren, seconded by AIderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WA YNE THOMSON, MA YOR SECOND MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 January 17, 2000 Council met on Monday, January 17, 2000 at 5:00 p.m. in Committee-of-the Whole. All members of Council, were present, with the exception of Aldermen Orr and Michalczyk. Alderman Shidey 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 YNE THOMSON, MA YOR PLANNING MEETING Council Chambers January 17, 2000 Council met on Monday, January 17, 2000 at 7:00 p.m. for the purpose of considering Planning/Regular Business matters. All members of Council were present with the exception of Aldermen Orr and Michalczyk. Alderman Victor Pietrangelo offered the Opening Prayer. PLANNING MATTERS PD-2000-05 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-32/99, Part of Lots 12 & 13 Willow Road, R. Brian Miller, Agent, Proposed Rezonings for Agricultural Uses Only. The report recommends that Council approve this application to zone the subject lands site specifically to permit ag#cultural uses only. - AND. Communication No. II - Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objections to the rezoning (Part 2) to site specific rural zone which will not permit any residential use on this land. Communication No. 12 - Elizabeth Landrum. The communication urges City Council to ensure that the zoning for this property remains agricultural use. 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 the Regulations by prepaid first class mail on December 17, 1999. His Worship Mayor Thomson received indication that R. Brian Miller, Solicitor, 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 lands with the assistance of posted sketches and reviewed the information contained in the Recommendation Report. He also advised Council that Staff fully supports this application and the site specific zoning will implement the Region's policies and satisfy the condition of the recent severance. 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. R. Brian Miller, 1222 Garrison Road, Fort Erie, Solicitor for the applicant, advised Council that he endorsed the recommendations made by the D/rector of Planning and Development. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-32_/99 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the application be approved. Carried Unanimousl.v. ~ ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the correspondence be received and filed. Carried Unanimously. PD-2000.05 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM.33/99, Zelinka Priamo Ltd., c/o Cambridge Shopping Centres Limited, 7555 Montrose Road (Niagara Square). The report lrecommends that: Council approve the Zoning By-law amendment application which will permit several new buildings to be constructed at the Niagara Square shopping centre and permit a beer, wine or liquor store to be established on the site;; and Council pass the amending by-law included in tonight's '.agenda. - AND - ~ Communication No. 13 - Ministry of Transportation. The communication advises that the Ministry permits must be applied for and issued from their Burlington Office prior to on site grading/construction activity and that it has no objections to the rezoning and mall expansion, and will not require a traffic impact study for the QEW/McLeod Road interchange for this application. Communication No. 14 - Allan S. Blott, Q.C.. The communication advises concems about the proposed uses of the lands and requests copies of any reports and studies with respect to this application. Il ;Ill I IIll![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 the Regulations by prepaid first class mail on December 17, 1999. His Worship Mayor Thomson received indication that Greg Priamo, Planner representing 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 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 lands with the assistance of posted sketches and reviewed the information contained in the Recommendation Report. He advised that staff supported the requested amendments to site's SC zoning and that the additional buildings which are proposed to be constructed on the site should assist Niagara Square in becoming the full regional shopping centre it is intended to be. The stand of trees which exist on the site will have to be evaluated when an application for Site PJan approval is filed. He recommended that Council pass the amending by-law. 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 te the application. Since no further~ comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-33/99 closed. ORDERED on the motiol~ of Alde~r~an Feren, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimousl.v. ORDERED on the motion of Alderman Pietrangelo, seconded by Alde~r~an Janvary-Pool, that the correspondence be received and filed. Carried Unanimousl_v. See By-law No. 2000-11 PD-2000-03 . Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM.34-99, Michael & Tara Colaneri, 5840 Dunn StreeL The report recommends that Council approve a Zoning By-law amendment from R4 to I with special provisions to permit the construction of the proposed senior citizen home, subject to the conditions noted in this report. - AND - Communication No. f5 - Don and Denise Mackinnon. The correspondence requests that Council turn down this application because of the height of the building and also that there are concerns with respect to the traffic on Ailanthus Avenue. Communication No. f6 - Ines and Dennis Bressan. The correspondence expresses concerns with respect to the height of the proposed building, as well as shadow problems, wind patterns, traffic patterns and parking. Communication No. fT- The Regional Municipality of Niagara. The correspondence advises that although the Region does not have any objections to this application, they request that specific requirements mentioned in the correspondence be appropriately incorporated into any site plan agreement that the city may enter into with the developer. Communication No. 16 - Regional Municipality of Niagara, Planning and Development Department, The communication advises as having no objections to the application. Communication No. 19- Niagara College, Mai Woodhouse, Director, Facilities Management Services. The communication advises of concems with respect to the number of parking spaces and also whether the tenants will be seniors or students. 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 the Regulations by prepaid first class mail on December 17, 1999. His Worship Mayor Thomson received indication that the applicants 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 Director of Planning and Development referred to the subject lands with the assistance of posted sketches and reviewed the information contained in the Recommendation Report. He advised Council that residents in the area submitted concerns with respect to parking, building heights and the issue of controlling the occupancy to ensure that the building will be used and occupied by senior citizens. The Director of Planning also advised Council that any approval should be subject to the conditions and requirements for dedication of road widenings, etc., site plan agreements and agency requirements. A discussion ensued with respect to the senior citizens home being built under institutional zoning and also if Council has any authority to regu, late who occupies such a building under our current zoning by-law. ORDERED on the motion of Alderrr~an Volpatti, seconded by Alderman Wing that the report be deferred to staff to investigate our by-law. The motion was Defeated as follows: A YE: Aldermen Volpatti, Wing and Ioannoni NA YE: Aldermen Fisher, Pietrangelo, Janvary-Pool, Feren, Pu~tick, Campbell and Craitor 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. Joan Schweitzer, 6704 Ailanthus Avenue, expressed concems to Council with respect to the height of the building and she believes there will be a parking problem. Dennis Bressan, 5858 Dunn Street, advised Council that his main concern is the height of the building being 5 storeys· Amy Bignucolo, 5640 Dunn Street, expressed concems to Council with respect to the size of the lot, parking problems, height and shadowing. Tara Colaneri and Michael Colaneri, Applicants, addressed concerns that were raised with respect to height, parking, traffic, trees, shadowing and road widening. The Applicants assured Council that with the advice of their solicitor and planner all concerns have been looked into and will be addressed. They advised Council that they can regulate parking spaces as well as renting these apartments to seniors only by including those clauses in their lease. The Director of Municipal Works advised Council that the road widening in this area will take place in the future but, if a problem arises the road widening will be expedited. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-34/cJ9 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted on condition that a report be brought back by the City Solicitor to address regulating the use for senior citizens; the neighbours in attendance tonight to be included in the Site Plan process and a report be provided by the Municipal Works Department with respect to the island on Ailanthus Avenue. The motion Carried with Aldermen Wing, Ioannoni, Craitor and Volpatti voting in opposition and all others voting in favour. ORDERED on the motion °f AIderman Volpatti, seconded by Alderman Fisher, that staff be directed to address the definition of senior citizen's home in the Zoning By-law. C~rred Unanimousl_v. ORDERED on the motion of AIdem-~an Pietrangelo, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimousl_v, MISCELLANEOUS PLANNING MATTERS PD-2000-03, Chief Administrative Officer - Consent Delegation, Committee of Adjustment. The report recommends that: 1) Council approve the by-laws included in tonight's agenda to: i) delegate consent authority to the Committee of Adjustment, subject to the specified conditions and procedures; ii) establish a schedule of fees; and iii) change the composition of the Committee of Adjustment to include 4 citizen representatives; and 2) the Committee of Adjustment be authorized to require pa'rkland dedication or cash- in-lieu of parkland as pe~r~itted under the Planning Act for the creation of new lots. ORDERED on the motion by Alderman Janvary-Pool, seconded by Alderman Feren that the number of Council members to sit on Committee of Adjustment be increased from 4 to 5 and that Mr. Jack Colli~son be appointed to the Committee of Adjustment. Carried Unanimousl_v, ORDERED on the motion by Alderman Puttick, seconded by Alderman Pietrangelo that Alderman Feren be appointed to the Committee of Adjustment as the ~h representative from Council. Carrred Unanimousl_v. ORDERED on the motion by Alde,,an Pietrangelo, seconded by Alderman Puttick that the matter with respect to parkland dedication in rural areas be deferred. The motion Carried with Aldermen Wing, Feren and Janvary-Pool opposed to the motion and all others voting in favour. ORDERED on the motion by Alderman Volpatti, seconded by Alderman Pietrangelo to re- appoint the existing Council members to the Committee of Adjustment as follows: His Worship Mayor Thomson, Alde~en Pietrangelo, Michalczyk and Ioannoni. Carried ORDERED on the motion by AIderman Campbell, seconded by AIderman Volpatti that the report be received and adopted. Carded Unanimousl_v. See By-law No. 2000-12 See By-law No. 2000-13 See By-law No. 2000-14 See By-law No. 2000-16 PD-2000-07 - Chief Administrative Officer- Re: Request for Extension to Draft Plan Approval Mewburn Heights, 26T-93008 (Revised), Owner- Canadian Niagara Hotels Inc. The report recommends that Council support a one-year extension to draft plan approval for the Mewbum Heights Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the report be received and adopted. Carded Unanimousl_v. PD-2000-08 - Chief Administrative Officer- Re: Request for Extension to Draft Plan Approval Parkway Acres, 26T-87010, Owners: Radojcic/Radulovich. The report recommends that Council support a one-year extension to draft plan approval for the Parkway Acres Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of AIde~an Feren, seconded by Alderman Janvary-Pool that the report be received and adopted. Carried Unanimousl. v. REGULAR COUNCIL MEETING ORDERED on the motion of Alderman Pietrangelo, seconded by Aldeir~an Feren, that the Minutes of the Planning/Regular Council Meeting of January 17, 2000 be adopted as amended. Carried Unanimousl_v. MA YOR'S REPORTS. ANNOUNCEMENTS. REMARKS Mayor Thomson announced that he had in his possession a petition which was started by Randy Taylor of CKTB in St. Catharines with respect to the Young Offenders Act. The petition will be sent to the House of Commons to encourage Parliament to significantly amend the Young Offenders Act because of the serious and violent crimes that are being committed by these youths. It is stated on the Petition that they must be made more accountable for their criminal behaviour and it is necessary to increase periods of incarceration, to deter young persons from committing criminal acts. ORDERED on the motion of AIderman Campbell, seconded by Alderman Feren to support the petition. The motion Carried with Alderman Volpatti voting contrary to the motion and with all others voting in favour. COMMUNICATIONS Communication No. 20 - Winter Festival of Lights. Re: Fire Works Display February 14, 2000. The communication requests perrr~ission from Council to hold a public fire works display at the Maid of the Mist on Monday, February 14, 2000 at 5:30 p.m. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher that the request be approved subject to the comments of the appropriate departments. REPORTS CD-2000-01 - Chief Administrative Officer- Re: Line Fences Act. Provisions for Hearings Not To Be Held During vIr;nter Months. The report recommends that Council pass the by-law appearing later on this agenda providing that no arbitration or other proceeding requiring the attendance of fence viewers shall be scheduled between the 14 day of November and the 31't day of March in the next following year. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. ¢~rried Unanimousl_v. See By-law No. 2000-09 CD-2000.02 - Chief Administrative Officer. Re: Appointment offence Viewer. The report recommends that Council appoint Chuck Antonio as a Fence Viewer. ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Can~ed Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that the Fence Viewer's rate of pay be increased from $20.00 to $35.00 per day. Carried Unanimousl.v. See By-law NO. 2000-10 RA TIFICA TION OF COMMITTEE-OF-THE. WHOLE ACTIONS: ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the actions taken in Committee-of-the-Whole, earlier this evening be approved: That Council support Management's decisions at Stages 1, 2 and 3 of the Grievance Procedure regarding Grievance 99-17, Niagara Falls Professional Fire Fighters Association. Deny the request of the Niagara Falls Fire Fighters Association to limit attendance at Step 4 grievances to Council members, City Clerk and Secretary. 3. To authorize Staff to enter into an agreement with the Ministry of Economic Development and Trade (MED T) to operate a Business Self Help office to be located in City Hall. The motion Canfed with Alde~rr~an W"/ng voting contrary to item 1 and with all others voting in favour. See By-law No. 2000-15 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: 20OO-O8 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2000-09 A by-law to prescribe the time of year during which proceedings, which require attendance of fence-viewers, may occur. 2000-10 A by-law to provide for the appointment of fence-viewers. 2000-11 A by-law to amend By-law No. 79-200, as amended. - 8 - 2000-12 A by-law to provide for the delegation o~the City of Niagara Falls approval authority for consents to the Committee of Adjustment of the City of Niagara Falls to set conditions of delegation and procedures. 2000-13 A by-law to amend by-law No. 98-114, being a by-law for the establishing of fees, rates and charges regarding licences, certificates, publications and other services for the City of Niagara Falls. 2000-14 A by-law to amend By-law No. 83-162, being a by-law to provide for the constitution of a Committee of Adjustment for the City of Niagara Falls and the appointment of Members of the Committee. 2000-15 A by-law to authorize the execution of a Letter of Agreement with The Ontario Ministry of Economic Development and with respect to operating The Niagara Falls and Area Business Self-Help Office, in City Hall. 2000-16 A by-law to provide for appointments to certain Boards, Commissions and Committees. (Committee of Adjustment'/ The motion Carded with Alderman Volpatti voting in opposition to By-law No. 2000-08 and with all others voting in favour. ORDERED on the motion of AIdetrnan Pietrangelo, seconded by Aldetr~an Feren, that the following by-laws be now read a second and third time: 2000-08 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2000.09 A by-law to prescribe the time of year during which proceedings, which require attendance of fence-viewers, may occur. 2000-10 A by-law to provide for the appointment of fence-viewers. 2000-11 A by-law to amend By-law No. 79-200, a.s amended. 2000-12 A by-law to provide for the delegation of the City of Niagara Falls approval authority for consents to the Committee oi". 4djustment of the City of Niagara Falls to set conditions of delegation and procedures. 2000.13 A by-law to amend by-law No. 98-114, being a by-law for the establishing of fees, rates and charges regarding licences, certificates, publications and other services for the City of Niagara Falls. 2000-14 A by-law to amend By-law No. 83-162, ~eing a by-law to provide for the constitution of a Committee of Adjustment for the City of Niagara Falls and the appointment of Members of the Com~,ittee. 2000-15 A by-law to authorize the execution of a Letter of Agreement with The Ontario Ministry of Economic Development.~nd with respect to operating The Niagara Falls and Area Business Self-Help Off/ce, in City Hall. 2000-16 A by-law to provide for appointments to Certain Boards, Commissions and Committees. (Committee of Adjustment) The motion Carded with Alderman Volpatti voting in opposition to By-law No. 2000-08 and with all others voting in favour. III I[11 I I] III1~ - 9 - NEW BUSINESS Alderman Ioannoni updated Council with respect to the Niagara Falls Safe City Campaign and the Niagara Falls Tourism Crime and Prevention Committee and thanked Mr. MacDonald and His Worship Mayor Thomson for their support and help and all the people who joined the committee. She announced the conference is scheduled for Apri126, 27 and 28, 2000 at the Renaissance Fallsview Hotel. o His Worship Mayor Thomson reported that the 1999 Sports Wall of Fame Induction Ceremony that was held on Sunday, January 16, 2000 at the Niagara Falls Memorial Arena was a complete success and that a letter of thanks be sent to Alderman Paisley Janvary-Pool, the Niagara Falls Review and Cogeco Cable for all their hard work. ORDERED on the motion of Alderman Campbell, seconded by AIderrr~an Feren that a letterofthanks be forwarded to Alderman Janvary-Pool, the Niagara Falls Review and Cogeco Cable for all their hard work in making this event a success. Carried Unanimousl_v. ORDERED on the motion by Alderman Craitor, seconded by Alderman Puttick that Staff investigate putting sports memorabilia cabinets up in the Niagara Falls Memorial Arena. Carried Unanimousl_v. His Worship Mayor Thomson and Council Members expressed that this Council has been under extreme pressure with respect to the Amended Body-Rub Parlour By-law. This Council wanted '0" body-rub par/ours and have been forced by the Courts to amend the number. City Council supports this by-law reluctantly because we don't want to pay other people's legal fees. BY-LAWS (CON'T) ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that leave be granted to introduce the following by-law and the by-law be read a first time: 2000-17 A by-law to amend By-law No. 99-164, being a by-law to provide for the licensing, regulating and inspection of body-rub par/ours, owners and operators of body-rub par/ours and body-rubbers at body-rub par/ours. The motion Carried with Aldermen Pietrangelo, Campbell and Ioannoni voting in opposition and with all others voting in faVOur. ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the fo/lowing by-law be now read a second and third time: 2000.17 A by-law to amend By-law No. 99-164, being a by-law to provide for the licensing, regulating and inspection of body-rub par/ours, owners and operators of body:rub parlours and body-rubbers at body-rub par/ours. The motion Carried with Aldermen Pietrangelo, Campbell and Ioannoni voting in opposition and with all others voting in favour. ORDERED on the motion of Alclerman Fisher, seconded by Alderman Puttick, that the meeting be adjourned. Carried Unanimous/v. 10- READ AND ADOPTED, WAYNE THOMSON, MAYOR SPECIAL MEETING Council Chambers January 20, 2000 Council met on Thursday, January 20, 2000 at 5:00 p.m. in a Special Meeting of Council for the purpose to review and respond to Options Paper #1, with respect to Niagara Governance. All members of Council, with the exception of Aldermen Orr, were present. His Worship Mayor Thomson presided as Chairman. His Worship Mayor Thomson welcomed Becky Taylor and Jim Mackay of the Berkeley Consulting Group to this special Council Meeting to present their preliminary assessment of the Governance options possible within the Niagara Region as outlined in Governance Options Paper #1. Jim Mackay advised Council that the purpose of this presentation was to present a workshop plan to this Council and give Council an opportunity to provide their formal position on the governance options, provide their feedback on the options presented in the Options Paper #1, provide advice and comments on the next steps in this process and an opportunity for the consultants to get feedback and advice from Council that will help in getting to a shortlist of options. Council was advised to keep in mind that the government wants fewer politicians, fewer municipalities and lower taxes. After lengthy discussions took place with respect to all the options available, the general consensus was to lean towards a three city approach including Niagara Falls, Niagara-on-the- Lake and Fort Erie. A question was raised with respect to who would take care of the Museums and Historical Buildings if we became an amalgamated municipality. It was also noted that one of the reasons Regional Government doesn't work and why one mega city would not work is because politicians would be making decisions for our city streets and areas that they are not familiar with in any way. His Worship Mayor Thomson spoke in favour of Niagara Falls and Niagara-on-the-Lake amalgamating but stated that the City of Niagara Falls will be the biggest loser when we amalgamate. In discussions with respect to the Uni City, Council raised the following: that the larger the City, the more money spent, since the amalgamation of Halifax and Winnipeg, they did not save any money, representation would be ineffective because geographically, the area would be too large to manage. It was suggested that whatever way we propose to go, the name "Niagara Falls" should remain the City's name. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that there be no Regional government, and that we accept the 6 city model at this time as we work through the process. Carried Unanimous/v. READ AND ADOPTED, WAYNE THOMSON, MAYOR FOURTH MEETING COMMITTEE-OF~ THE-WHOLE Committee Room #2 February 7, 2000 Council met on Monday, February 7, 2000 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, R. O. KALLIO, ACT CITY CLERK WA YNE THOMSON, MA YOR REGULAR MEETING Council Chambers February 7, 2000 Council met.on Monday, February 7, 2000 at 7:00p. m. in Council Chambers forthe purpose of conside#ng Regular Business matters. AII members of Council, were present. Alderman Ken Feren offered the Opening Prayer. ADOPTION OF MINUTES Alderman Wing requested that the motion in the Minutes of the Special Meeting of January 20, 2000 be amended to reflect "that there be no Regional Govemment and that we accept the 6 City model at this time as we work through the process". Alderman Ioannoni requested that the Minutes of January 24, 2000 be amended to reflect her opposition to By-law No. 2000-28. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the Minutes of the Special Council meeting of January 20, 2000 and the Regular Council Meeting of January 24, 2000 be adopted as amended. ~)ISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary a pecuniary interest on Cheque No. 249867, because she of her involvement with the Foundation Alderman Campbell indicated a pecuniary interest on Communication #3 because the District School Board of Niagara is his employer. -2- Alderman Craitor indicated a pecuniary interest on Cheque No. 249850 because the recipient is his employer;, and on Cheque Nos. M92907; M92908; 249746, because a family member is employed by the Region. Aldem~an Orr indicated a pecuniary interest on Cheque No. 249731, because the Casino is her employer. Alderman Michalczyk indicated a pecuniary interest on Cheque No. 249748; on Report CS-2000-01 and Cheque No. 249831, Winter Festival of Lights, because of his involvement in a lawsuit Alde~an Feren indicated a conflict of interest on the Deputation dealing with the sign replacement. DEPUTATIONS Greater Nia~_ ara Transit Cpmmission Mr. Bart Maves, Chair, Niagara Transit presented the 1999 Statement of Affairs for the Greater Niagara Transit Commission and Niagara Chair-A-Van. Mr. Terry Librock, General Manager commented on and responded to questions with respect to ddership and government funding. Following the discussion, it was ORDERED on the motion of Alderrr~an Feren, seconded by Alderman Fisher, that the Reports for the Greater Niagara Transit Commission and Niagara Chair-A-Van be accepted. Carried Unanimousl_v. Hi there MEDIA Inc. Mr. Peter de Pagter, President, Hi there MEDIA addressed Council on the replacement of an existing sign at 4709 Bender Street with a state-of-the-art L.E.D. pixel screen; provided a video presentation on the use of the electronic outdoor media. Mr. de Pagter commented that the current sign by-laws at this location, only permit a maximum sign area of 75 feet, and requested that Council approve a 200 square foot sign. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the City Solicitor bring back a verbal report on the appropriateness of the proposal and that Mr. de Pagter come back with a finalized drawing. The motion Carded with Aldefr~an Feren abstaining from the vote on a conflict of interest and with all others voting in favour. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARK~ Willou~_ hby Firehall His Worship Mayor Thomson discussed the approval of an additional bay at the Chippawa Firehall as "gratis free", and referred to a cost-sharing issue with the Willoughby Firehall and requested that the same considerations be given to the Willoughby Firehall. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that staff bring back a report with respect to "wiping out" the costs associated with the Willoughby Firehall matter. Carded Unanimously. -3- Dorchester Road Safe~_ Concerns Mayor Thomson referred to safety issues, parking and traffic concems and the installation of curbs and gutters in the area of Dorchester Road from Lundy's Lane to Frederica Street. He advised that the City would be taking back Dorchester Road from the Region as of April 1, 2000 and that the road would then become the City's responsibility. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that the matter be referred to staff to bring back a report indicating the costs and addressing the safety concerns of the residents when Dorchester Road becomes the City's responsibility. Carded Unanimousl.v. COMMUNICATIONS Communication No. 21 - Heart and Stroke Foundation of Ontario - Re: Proclamation. The communication requests that Council proclaim the month of February as "Heart month' in the City of Niagara Falls and advising of a door-to-door fundraising campaign in February and requesting Council support in continuing the much-needed research and health promotion. ORDERED on the motion of Alderman Michalczyk, seconded by Alde,,an Pietrangelo, that the requests be supported. Carded Unanimousl_v. Communication No. 22 - City of Brampton, John G. Metras, Commissioner of Legal Services & City Solicitor- Re: Urban Transportation Infrastructure. The communication advises that an appropriate source of revenue to resolve the transportation problem is from existing transportation user taxes and asking that Council support a resolution requesting that the Federal and Provincial Governments commit to dedicating a secure and sustainable source of funding to the urban transportation infrastructure. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the request be supported. Carded Unanimousl_v. Communication No. 23. District School Board of Niagara - Re: Sale or disposal of the District School Board of Niagara properties. The communication advises that the District School Board of Niagara is issuing a proposal to sell, lease or dispose of selected real properties no longer required by the Board. Discussions ensued with respect to Niagara Falls Collegiate and King George V School and that the matter for separation of the King George V School and the land be looked into. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Michalczyk, that the matter be referred to staff. The motion Carded with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 24. Niagara Region International Women's Day 2000 - Re: "Strike Out Violence in Our Communities". The communication requests that Council support their effort in a Bowling Tournament and Banquet by sending a team to participate in the fundraising event. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that Aldermen Craitor and Michalczyk participate in the bowling toumament as Council representatives. Carded Unanimousl_v. Communication No. 25 - Downtown Board of Management- Changes to the Board. The communication advises Council that Scott Rogers will replace David Dancy and that Fran Farr will replace John Farr on the Downtown Board of Management. -4- ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that Council approve the changes to the Downtown Board of Management. Carded Unanimousl. v. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be adopted: 1. Adoption of the November 8, 1999 Community Services Committee Minutes; MW-2000-09 - Mountain Road Transportation System Review - that the information provided by Totten Sims Hubicki on the Mountain Road and Beechwood Road proposed intersection realignment be received; and that the Region of Niagara and Totten Sims Hubicki be requested to continue with their evaluation process and negotiations with Walker Brothers; and that a report be provided to Committee members at a future meeting with the area residents being invited to such meeting; MW-2000-07 - Residential Water Metering - that the information be received on Residential Water Metering; MW-2000-08 - Proposed Functional Study - Allendale/Buchanan Couplet Consultant Services - Delcan Ltd. - that Delcan Limited be retained to carry out the Functional Study for the Allendale/Buchanan Couplet at a cost not to exceed $49,772.00 (excluding G.S. T.); F-2000-07 - Municipal Accounts that the Municipal Accounts totalling $1,295,728.32 for the period ending February 7, 2000 be approved; F-2000-08 - 442 Appeals - that Council repeal By-law No. 74-28 and exemise its authority to cancel, reduce or refund taxes pursuant to Section 442 of the Municipal Act; F-2000-09 ~ Development Charges - Financial Information - that Financial Statements regarding Development Charges be received and filed; Tipping Fee Relief for St. Francis Benefit Shop - that relief of tipping fees be granted for St. Francis Benefit Shop; 9. New Business: That staff provide a report regarding feasibility of institution of a by-law in relation to snow removal by homeowners on sidewalks - Opposed: Aldermen Fisher;, Janvary-Pool; Om,, Ioannoni; Craitor; and Mayor Thomson; Approval of the request of a resident who wishes to install a gate from his property entering into Solar Park at his own cost and under supervision of Parks & Recreation staff; and that a report be prepared by staff on the subject of gates leading into parks- Opposed: Aldermen Janvary-Pool and Volpatti. -5- The motion Carried with Alde~rr~en Craitor, Michalczyk, Orr and Wing abstaining from the vote on Report F-2000-07 on conflicts of interest previously noted; and Aldermen Fisher;, Janvary-Pool; Orr; Ioannoni; Craitor; and Mayor Thomson voting contrary to the motion regarding snow removal; Alde~r~en Janvary-Pool and Volpatti voting contrary to the motion dealing with issue of gates leading into parks; and with all others voting in favour. See By-law No. 2000-33 HR-2000-03 - Chief Administrative Officer- Re: Renewal Contract - Baylis & Associates. The report recommends that the contract with Baylis & Associates as the provider of the Employee Assistance Program for 2000 be renewed at an annual cost of $19,212.09. ORDERED on the motion of AIde~rr~an Ioannoni, seconded by Alderman Pietrangelo, that the report be received and adopted. Carded Unanimousl_v. CS-2000-01 - Chief Administrative Officer- Re: Appointments to Niagara Falls Hydro Corporation Board of Diractora. The report recommends that Council appoints nine representatives to serve on the newly created Niagara Falls Hydro Corporation Board of Directors, and that the appointments be confirmed by the passage of a by-law at a future meeting of Council. Discussion ensued with respect to the selection process. Following the discussion, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Wing, that the matter be deferred. The motion was Defeated. ORDERED on the motion of Alderman Fisher, seconded by Aldem~an Puttick, that Brian Wilkie, President of HoldCoA/Vires Co. be appointed to the Niagara Falls Hydro Corporation Board of Directors. ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick, that Mayor Wayne Thomson be appointed, as Head of Council to the Niagara Falls Hydro Corporation Board of Directors. ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick, that Alderman Wayne Campbell, be appointed, as a serving member of Council to the Niagara Falls Hydro Corporation Board of Directors Following a vote by secret ballot, the following individuals were appointed to the Niagara Falls Hydro Corporation Board of Directors: Robert Campbell; Bill Haskin; Janie Palmer,, Andy Panko; John Prentice; Alfred Rampado and George Waters. Following the vote, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the ballots be destroyed. Carried Unanimousl_v. CD-2000-05 - Chief Administrative Officer- 2000 A.M.O. Annual Conference Westin Hotel/Ottawa Congress Centre. The report recommends that Council select their Delegates for the 2000 A.M.O. Annual conference and appoint them as Voting Delegates. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that Alde~men Campbell, Feran, Pietrangelo, Puttick and Michalczyk, be selected as the Delegates for the 2000 A.M. 0. Annual Conference and appoint them as Voting Delegates. Carded Unanimousl_v. ORDERED on the motion of Alderman Michalczyk, seconded by Alde~-r~an Janvary, that the Council meeting scheduled for August 14, 2000 be rescheduled to August 21, 2000 due to the A.M.O. Annual Conference being held from August 13-16, 2000. Carded Unanimousl_v. RA TIFICA TION OF COMMITTEE-OF-THE. WHOLE MA TTER$ ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the actions taken in Committee-of-the-Whole, earlier this evening, be approved: - that the confidential, verbal report of the City Solicitor regarding the Viscount Hotel and the recommendations stated, be adopted. Carried Unanimously. See By-law No, 2000-34 BY-LAWS ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 2000-31 A by-law to amend By-law No. 79-200, as amended. (Re: AM-14/99, Victoria Meadows Townhomes Inc.) 2000-32 A by-law to authorize the execution of an agreement with Delcan Limited with respect to carrying out the functional Study for the Allendale/Buchanan Couplet. 2000-33 A by-law to authorize monies for General Purposes (February 7, 2000) 2000-34 A by-law respecting the Viscount Hotel. The motion Carded with Alde~rr~en Craitor, Michalczyk, Orr and Wing abstaining from the vote on By-law No. 2000-33 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by-laws be now read a second and third time: 2000-31 A by-law to amend By-law No. 79-200, as amended. (Re: AM-14/99, Victoria Meadows Townhomes Inc.) 2000-32 A by-law to authorize the execution of an agreement with Delcan Limited with respect to carrying out the functional Study for the Allendale/Buchanan Couplet. 2000-33 A by-law to authorize monies for General Purposes (February 7, 2000) 2000-34 A by-law respecting the Viscount Hotel. The motion Carded with Aldermen Craitor, Michalczyk, Orr and Wing abstaining from the vote on By-law No. 2000-33 on conflicts of interest previously noted and with all others voting in favour Boys' and Girls' Club Triathalpn Alderman Pietrangelo advised of the Niagara Falls Boys' and Girls' Club Triathalon being held on Saturday, February 12, 2000 at 10 a.m., thanked Council and staff for their support and invited everyone to attend. -7- CommuniW_ Policino_ Proo_ rem Alderman Ioannoni provided information on City's Community Policing Program and advised that a Community Policing Committee was being established in Chippawa for a safer community. ~)iscussions dealin~ with Schizophrenia Aldefi-~an Volpatti advised that Mr. Bill McPhee, Editor of the Schizophrenic Digest would be speaking on the issue of Schizophrenia February 15, 2000 at 7 p.m. at the Lamarsh Room at the Niagara Falls Library. GFeater Niau_are General Hos.nital Women's Foundation Alderman Volpatti infoi~ed that the Greater Niagara General Hospital Women's Foundation was holding a fashion show fundraiser at Club Italia on February 11, 2000 and invited everyone to attend. She further requested that a table be obtained for Council at a cost of $600.00 fora table of 10. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a table be obtained for members of Council at the GNGH Women's Foundation Fashion Show. Carried Unanimously. Ali-Way Stop at Stamford Green and Linden Drive Alderman Creitor referred to concerns expressed by residents with respect to an All- Way Stop at Stamford Green and Linden Drive and requested that the matter be looked into. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the matter be referred to the Parking & Traffic Committee for reconsideration. Ca~ed Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, R. O. KALLIO, ACTING CITY CLERK WAYNE THOMSON, MAYOR FIFTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 February 14, 2000 Council met on Monday, February 14, 2000 at 6:00 p.m. in Committee-of-the Whole. All members of Council were present. Alderman Selina Volpatti presided as Chair~-r-~an. Following consideration of the items presented, the Committee-of-the-Whole did not rise to report in open session. READ AND ADOPTED, PLANNING MEETING Council Chambers February 14, 2000 Council met on Monday, February 14, 2000 at 7:00 p.m. for the purpose of considering Planning/Regular Business matters. All members of Council were present. Alderman Judy Orr offered the Opening Prayer. DEPUTATIONS Herita_ue Week Mr. Derek Tidd, Town Crier, requested that Council proclaim the week of February 19-27, 2000 as "Heritage Week" in the City of Niagara Falls and indicated that this year's theme was Millennium Heritage Safari. ORDERED on the motion of Alderman Wing, seconded by Alderman Ioannoni, that February 19-27, 2000 be proclaimed as "Heritage Week" in the City of Niagara Falls. Carried Unanimously. Following the presentation, it was ORDERED on the motion of Alderman Wing, seconded by Alde,,an Ioannoni, that Report PD-2000-13 be brought forward. Carried Unanimously. PD-2000-13, Chief Administrative Officer -Action Arising from the Niagara Falls Local Architectural Conservation Advisory Committee (LACAC). The report recommends that Council proclaim Heritage Week, appoint Kathleen Powell as a permanent member, and adopt a motion to include heritage properties under the Provincial Superbuild Growth fund. ORDERED on the motion of Alderman Wing, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanim~)u8ly. Mr. Sherman Zavitz, City Historian, presented a schedule of events being held on February 19, 2000 during the Millennium Heritage Safari Weekend and encouraged the citizens of Niagara Falls to participate in these events. PLANNING MATTERS PD-2000-12 - Chief Administrative Officer - Re: Official Plan & Zoning By-law Amendment Application; AM-5199, 5248 Drummond Road; Maurizio Ingribello. The report recommends that Council not approve the requested Official Plan and Zoning By-law amendments to permit the bottom floor of the existing dwelling to be utilized for a full service beauty/hair salon, including a spa with one or more registered massage therapists. - AND - Communication No. 26 - Jeff Qua and Catherine Boser. The communication expresses opposition to the proposed amendment to the zoning of the property - AND - Communication No. 27 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposed application. His Worship Mayor Thomson received indication that Mr. Rocco Vacca, Solicitor, was in attendance on behalf of the applicant requested that the matter be deferred in order to provide an opportunity to meet with the neighbours and address their concerns dealing with the location of the dumpster; privacy fencing; the issue of drainage and the business sign. He advised that modifications would be made to the Site Plan in accordance with the suggested revisions and brought back to the next Planning meeting in March.. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the matter be deferred to the Planning meeting of March 20, 2000. Carried Unanimously. PD-2000-14 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-01100, First Niagara Developments Limited; 7190 Morrison Street. That Council approve the Zoning By-law amendment application which will permit a maximum of 5 rather than 4 buildings to be developed on the land and allow up to 8 retail stores to be established on the land having gross leasable floor area of less than 5,000 square feet. ' - AND - Communication No. 28 - Canadian National. The communication provides comments on the proposed zoning by-law amendment. Communication No. 29 - Niagara Peninsula Conservation Authority. communication advises as having no objections to the application. The Communication No. 30 - Regional Niagara, Planning & Development Department. The communication advises as having no objections 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. t I rill 1 ii The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on January 14, 2000. His Worship Mayor Thomson received indication that Mr. Blair Martin, V.P., First Niagara Developments Limited 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report: the Proposal; the Amendment; the Planning Review; and Public Notification Process; he advised that the applicants request a maximum of 5 rather than 4 buildings to be developed on the land and to allow up to 8 retail stores to be established on the land having gross leasable floor areas of less than 5,000 square feet and stated that staff was recommending support of the application. Discussion ensued with respect to the impact on traffic and the need for better traffic flow in the area. 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. Victor Muratori, Solicitor, on behalf of River Realty, commented on the definitions of "planned function" and "big box retail outlets and the commercial role; he suggested that Council leave the function of the area of 5,000 square feet and not deviate from that plan. Mr. Jamie Tate, Manager, Real Estate Advisory Services, Pricewaterhouse Coopers LLP, responded to the issue of "planned function" and powercentres". He discussed the issue ofchanging trends of smaller retailers in larger powercentres and indicated that Niagara Falls warrants chains less than 5,000 square feet in size. Ms. Debbie Pacchiarotti, Project Manager, First Professional Management, provided information on the type of retailers that would be leasing the space. Mr. Blair Martin, V.P. First Niagara Developments Limited, in response to questions raised respecting traffic discussions advised that the applicants would be willing to participate in those discussions. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-01/2000 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted and that the applicants actively participate in the traffic mitigation discussions and actions taken. The motion Carried with Aldermen Wing, Orr, Pietrangelo and Campbell voting contrary to the motion ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. ; ! I I PD-2000-20 - Chief Administrative Officer - Re: Official Plan Update; 5-Year Review. The report recommends that Council receive the comments of the public, agencies and interested parties and refer to staff for further consideration. - AND - Communication No. 31 - River Realty Development (1976) Inc. The communication advises that the City should not consider expanding their urban boundary until the areas within the boundary are nearing a fully developed status; and further advises that the expansion of the city's urban boundary is warranted for quite some time. His Worship Mayor Thomson informed that the purpose of the meeting was to determine the need for and types of revisions to the Official Plan and would assist in determining the scope and priorities for revisions as well as any areas of conflict. He further advised that in addition to expressing their comments at the meeting, the public would be given an opportunity to submit their comments in writing until March 13, 2000. The City Clerk advised that Notices of the Public Meeting had been given on January 8, and January 15, 2000 being in compliance with the mandate of the Planning Act and the City's Official Plan. 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. Mr. Tom Smart, BLS Planning Associates, was in attendance on behalf of private landowners in the area north of Mountain Road, east of the Queen Elizabeth Highway and west of the landfill; advised that none of the area in question was presently being farmed and reviewed the existing conditions in the area. He requested that Council direct staff to examine the inclusion of these lands within the Urban Boundary, and to initiate the required amendments to the Official Plan, the Regional Policy Plan and the Niagara Escarpment Plan. Mr. Glen Barker, BLS Planning Associates, reviewed the aerial plan of the lands within the urban boundary; referred to the proposed expansion area and suggested that a staff member be appointed as facilitator to assist in the approval process to include lands inside the urban boundary and that his firm would provide the technical studies. Mr. John Bakker, Niagara River Restoration Council and the Preservation of Agricultural Land Society, referred to the restoration of healthy eco systems and the City's need for a strategic plan for the protection of water courses and woodlots. He stated that the municipality should build upon parks policies and identify possible partnerships of revenue sources and the development of a parks fund; referred to the development of a recreational trail; indicated that consideration be given to Provincial policies dealing with the identification of wetlands and fisheries habitats. He referred to the unique agricultural lands in the area and that these should be re-examined; he also encouraged Council to think of the significance of their decisions for future citizens. Mr. Lou Grandoni, Garner Road, indicated that on behalf of several residents in the area, that they have no objections to development moving west of the existing boundaries. He stated that he wOuld be providing his submission to the Planning Department by March 13, 2000. Mr. Stan Rutyna, Garner Road, stated that the land in that area could not be farmed and that he was in support of Mr. Grandoni's statement of having development moving to the west side of Kalar road. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Official Plan Update; 5 Year Review closed. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that the comments received be referred to staff for further consideration. Carried Unanimously. PD-2000-17 - Chief Administrative Officer - Re: Recommendations Report; St. Paul Court Draft Plan of Subdivision; Owner: Christine Rapattoni (In Trust). The report recommends the following: That the St. Paul Court Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 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; 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 a negative response to his request for a show of hands by persons present who wishes to address Council. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-38 PD-2000-18 - Chief Administrative Officer - Re; Application for Site Plan Approval; 9527 McLeod Road; Proposed Addition to Niagara Community Christian Church. The report recommends that Council approve the site plan for a proposed building addition for the Niagara Community Christian Church, at 9527 McLeod Road. ORDERED on the motion of Alderman Janvary seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-2000-21 - Chief Administrative Officer - Re: Appointment of Consultant Willoughby Land Use Study. The report recommends that Hynde, Paul Associates be appointed as the consultants to undertake the Willoughby Land Use Study for $30,000.00. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD-2000-22 - Chief Administrative Officer - Re: Neighbourhood Consultation Update; Zoning By-law Amendment Application AM-28/99; Calaguiro Estates (Portion of Stage II). The report recommends the following: That Council approve an amendment to the Zoning By-law for "Area A" of the subdivision as detailed in this report to provide site specific R1A standards; That revisions to property lines for "Area A" proceed through the Exemptions to Part Lot Control process; That potential revisions to the lot size and subdivision layout for land north of Calaguiro Drive be considered through a new plan of subdivision and associated zoning amendment. -6 - - AND - Communication No. 32 - Stamford Centre Volunt~r Firemen's Association. The communication advises as agreeing, in principal, that funds will be used to install an accessible playground at Fireman's Park (Dorchester and Mountain Roads). The City Clerk advised that the meeting was the continuation of a public meeting which had been held on December 6, 1999. His Worship Mayor Thomson received indication that Mr. Glen Barker, 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 th~; meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in th 9 dismissal of the case at a future Ontario Municipal Board hearing. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed th~ information contained in the Recommendation Report: Planning Review; Neighbourhood Consultation; Zoning Standards; Future Applications and Public Notificatio~ Process. There was a negative response to Mayor Tho3~son's request for comments from persons, other than the applicant or his agent, in supp,:rt of the application and a positive response in opposition to the application. Mr. Victor Muratori, Solicitor, assured Council that substantial agreements had been reached on the proposed development of the bal~nce of the plan of subdivision; he stated that the only issue remaining was that the developer would have to come back and make new application in order to bring in all the other p~rts of the subdivision. He advised that there would be a signed agreement between the parties, registered on title, of what the developer would be applying for in the future and re(~uested that the by-law be deferred until the agreements were signed. Mr. Glen Barker advised that they were waiting for the 1st draft agreement for review and he thanked Council and staff for their support. · ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD-2000-23 - Chief Administrative Officer - Re: Application for Site Plan Approval; 6755 Oakes Drive; Proposed Expansion to the Sheraton Fallsview Hotel. The report recommends that Council grant site plan approval for the proposed eight-storey addition to the existing Sheraton Fallsview Hotel conditional upon the applicant obtaining Council approval for the site plan for the entire future development. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried, with Alderman Wing voting contrary to the motion. REGULAR COUNCIL MEETING ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the Minutes of the Regular Council Meeting of February 7, 2000 be adopted as printed. Carried Unanimously. - 7 - MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomsc~n referred to the unusual Millennium wedding proceedings that had been held earlier in the day and requested that congratulations be extended to the Millennium Committee for their excellent efforts in the Millennium weddings. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that a letter of congratulations be forwarded to the Millennium Committee for their excellent efforts in the millennium weddings. Carried Unanimously. His Worship Mayor Thomson informed Council that the issue of Governance would be discussed after the Council meeting. COMMUNICATIONS Communication No. 33 - Ontario Pharmacists' Association - Re: Proclamation. The communication requests that Council proclaim the week of March 6-12, 2000 as "Pharmacy Awareness Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be supported. Carried Unanimously. Communication No. 34- City of Woodstock - Re: Health Care Funding. The communication requests that Council endorse a resolution requesting that the Federal and Provincial Governments fund health care to sufficiently alleviate the backlog of patient- waiting lists and, in turn, set up :Universal Med Care to the standard acceptable to the Ontario Medical Association. (OMA). ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. REPORTS L-2000-05 - Chief Administrative Officer - Re: Bridge Closing, Willodell road; Application to Ontario Municipal Board, The report recommends that staff be authorized to make application to the Ontario Municipal Board for relief from its obligation to rebuild the bridge on Willodell Road, south of Koabel Road. Mr. Tony Mete and Ms. Lois Kit were in attendance and advised Council they had not received notification that the matter would be coming before Council; they indicated as being in total opposition to the application that the bridge be closed and were of the opinion that the bridge be repaired. The City Solicitor provided information on the notificatioh process. The Director of Municipal Works discussed the condition of the bridge and advised that the consultant's recommendation was that the bridge was not repairable and was unsafe for vehicular traffic. He advised that due to the consultant's recommendation and the cost of $200,000 to replace the bridge, it was recommended not to rebuild the bridge. Following further discussion, it was ORDERED on the motion of Alderman Michalczyk, seconded by Alde~[¥~an Pietrangelo, that the matter be referred to staff to meet with residents to address the issue of the bridge. Carried Unanimously. 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: 2000-35 A by-law to amend By-law No. 89-155 (reschedule Council meeting from August 14, 2000 to August 21, 2000). 2000-36 A by-law to amend By-law No. 79-200, as amended. (Re: AM-22/99, 4337 Fourth Ave.; Femando & Laurel Espinoza) 2000-37 2000-38 A by-law to authorize the execution of a Subdivision Agreement with Ascot Woods Ltd., respecting Ascot Woods Extension Number 5 (Phase Three) Subdivision. . .... ~ A by-law to amend By-law No. 79-200, as amended. (Re: AM-31/99/2674 St. Paul Avenue; Christine Rapattoni) 2000-39 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (Re: AM-32/99, R. Brian Miller) Carried ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 2000-35 A by-law to amend By-law No. 89-155 (reschedule Council meeting from August 14, 2000 to August 21, 2000). 2000-36 A by-law to amend By-law No. 79-200, as amended. (Re: AM-22/99, 4337 Fourth Ave.; Fernando & Laurel Espinoza) 2000-37 A by-law to authorize the execution of a Subdivision Agreement with Ascot Woods Ltd., respecting Ascot Woods Extension Number 5 (Phase Three) Subdivision. 2000-38 A by-law to amend By-law No. 79-200, as amended. (Re: AM-31/99/2674 St. Paul Avenue; Christine Rapattoni) 2000-39 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (Re: AM-32/99, R. Brian Miller) NEW BUSINESS Casino Negotiations Aldermen Michalczyk and Orr declared conflicts of interest on the following matter and vacated Council Chambers. Following a presentation by the Chief Administrative Officer and the Executive Director of Community Services, through the use of slides and a distributed copy of the report on the status of Casino Negotiations dealing with Compensation, Attractors and Planning, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that Council reaffirms its support of the Negotiating Committee and that negotiations be concluded forthwith. The motion Carried with Alderman Feren voting contrary to the motion; Alderman Puttick abstaining from the vote and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR COMMITTEE-OF-THE-WHQLE Committee Room #2 February 28, 2000 Council met on Monday, February 28, 2000 at 5:00 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Kim Craitor, were present. Alderman Victor Pietrangelo presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole did rise to report in open session. READ AND ADOPTED, WAYNE THOMSON, MAYOR REGULAR MEETING Council Chambers February 28, 2000 Council met on Monday, February 28, 2000 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Kim Craitor, were present. Alderman Ed Michalczyk offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the Minutes of the Planning/Regular Council Meeting of February 14, 2000 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARYINTEREST Alderman Pietrangelo indicated pecuniary interests on Report Nos. L-2000-15; L-2000-18; L-2000-19 and By-law Nos. 2000-41; 2000-43 and 2000-44 because a family member is involved in testamentary devise matters. Alderman Feren indicated a pecuniary interest on Report F-2000-10, Cheque No. 250075 because his company is the recipient. Alderman Campbell indicated a pecuniary interest on Communication No. 36 because he resides adjacent to the property. ! I I Alde,,,an Michalczyk indicated pecuniary interests on Report 2000-F-10, Cheque No. 249973; Report No. PD-2000-19 and L-2000-14 because of his ongoing investigation and lawsuit; and on Report L-2000-15; L-2000-18 and L-2000-19 because a family member is associated with testamentary devise matters. PRESENTATIONS His Worship Mayor Thomson recognized and presented a token of appreciation to Fred and Lillian Mason for their outstanding courage and quick thinking in the saving of Mr. and Mrs. McKinnon and their three children during a fire at their home. Ontario Heritage Foundation Mr. John Hogbin, Ontario Heritage Foundation provided information on the various undertakings and purpose of the Foundation; he presented a Bronze Heritage Easement Marking to Mayor Thomson, who accepted on behalf of the Ruth Redmond property and to Mr. Jack Hall, who accepted on behalf of the Old St. John's Church, located on Portage Road. During the discussion, Mayor Thomson referred to the Friends of Lundy's Lane Battlefield who were involved in the Canadian Millennium Partnership Project, whose intent was to generate revenue through public donations in restoring Fralick's Tavern and converting it to a Visitor's Centre and that the revenue was also to go toward restoration of the Drummond Hill Cemetery, landscaping and exhibit. He advised that in order to achieve this goal, $228,000 must be generated by March, 2001. Niagara Falls Professional Firefighter's 2000 Calendar The Firefighters Calendar Committee presented cheques in the amount of $7,500 each to Mr. Bill Waters on behalf of the Boys' and Girls' Club of Niagara; to Dr. Stafford Dobbin, on behalf of Heart Niagara and to Jim Marino, on behalf of the Niagara Peninsula Children's Centre. Following the discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of appreciation and congratulations be forwarded to the Niagara Falls Professional Firefighters Association on their excellent efforts and sale of the 2000 calendars. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Niagara Falls City_ Em_Dloyees Hockey Team Mayor Thomson commented that the City of Niagara Falls employees Hockey team had won the Tim Horton's Mayor's Cup tournament. The Executive Director provided information on the tournament and those involved and advised that monies won had been donated to the Greater Niagara General Hospital Equipment Fund on behalf of Mr. Stan Thomson. Casino Negotiations Mayor Thomson provided an update on the casino negotiations. Convention Facilities His Worship Mayor Thomson advised that the main concerns of the business community have been the need for convention facilities within the City and indicated that Mr. Tony Zappitelli would chair a committee dealing with convention facilities and indicated that Council would be informed as to the date and time of the meetings. COMMUNICATIONS Communication No. 38 - The Kidney Foundation of Canada - Re: Proclamation. The communication requests that Council proclaim the month of March as "Kidney Month" in Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the request be approved. Communication No. 36 - Public Works and Government Services Canada - Re: Disposal of the Niagara Falls Armoury. The communication advises that the Niagara Falls Armoury has been declared surplus by The Department of National Defence and indicates that if the City had an interest in acquiring the property to advise them by March 20, 2000. Mayor Thomson advised he had received indication that a Military Museum group was interested in the Armoury. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Volpatti, that the matter be referred to staff. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted; Alderman Wing declaring a conflict of interest dealing with the Military Museum group and with all others voting in favour. REPORTS PD-2000-19 - Chief Administrative Officer - Re: Application for Site Plan Approval: SPC-28/99, 5888 Thorold Stone Road; Proposed Auto Dealership. The report recommends that Council approve the site plan for a proposed auto dealership at 5888 Thorold Stone Road. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. PD-2000-24 - Chair. Local Architectural Conservation Advisory Committee (LACAC). The report recommends that Council initiate designation procedures to recognize Stamford Green as a property of historical significance under Part IV of the Ontario Heritage Act. ORDERED on the motion of Alderman Wing, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. MW-2000-13 - Chief Administrative Officer - Re: Ailanthus Avenue, Center Median. The report recommends that the existing gravel turnaround on Ailanthus Avenue be widened, asphalted and curbed as a condition of approval for the proposed Senior Citizens Residence at the south west corner of Ailanthus Avenue and Dunn Street. ORDERED on the motion of Alde~;~an Fisher, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. MW-2000-15 - Chairperson, Municipal Parking & Traffic Committee - Re: 2000 Agreement, Parking Control. The report recommends the following: r ! I I That the services of the Canadian Corps. of Commissionaires (Hamilton) be engaged for the period from January 1, 2000 to December 31, 2000, for Parking Control (enforcement) purposes, with a 3% wage adjustment; 2. That staff undertake a review of the current operations and develop policies and standards necessary to undertake Parking Control in the City of Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. MW-2000-16 - Chief Administrative Officer - Re: Waste Collection Contract. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the report be received and filed. Carried Unanimously. MW-2000-17 - Chief Administrative Officer - Re: High Rate Treatment Grant. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and filed. Carried Unanimously. R-2000-09 - Chair, City of Niagara Falls Recreation Commission - Re: Surplus Lands East Side of Swayze Drive across the street from Kef Park. The report recommends that Council reconfi~-r-~ that Parts 3, 4 and 5 on Reference Plan No. 59R-1568 be declared surplus, and be offered for sale to the public by sealed tender, as outlined in Council Report L-99-82, dated August 16, 1999. - AND - Communication No. 37 - Correspondence; News Article and Petition provided by Mrs. Ruth Klopka - re: proposal that the vacant land on Swayze Drive opposite Ker Park be transformed into a multi-purpose family park. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the report be received and adopted. The motion Carried with Alderman Janvary-Pool voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the communication be received and filed. Carried Unanimously. R-2000-12 - Chairperson, Civic Committee - Re: City of Niagara Falls Parade Float - Selection of Design Company. The report recommends the following: That Council approve Singular Productions Limited of Niagara-on-the-Lake to design and construct the City of Niagara Falls Parade Float in the amount of $33,028.00 including taxes; 2. That the By-law appearing later on this evening's agenda authorizing an agreement with Singular Productions Limited be approved. ORDERED on the motion of Alderman Janvary-Pool, seconded' by Alderman Feren, that the report be received and adopted. Carried Unanimovsly. See By-law No. 2000-49 MW-2000-14 - Chairperson, Municipal Parking & traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations - February' 15, 2000 Meeting. The report recommends the following: 1) MW-2000-06 - Carl Road/Morris Road - Parking Review 1) that parking be restricted at all times on the south side of Carl Road from Morris Road to a point 280 metres west of Morris Road; 2) that parking be restricted at all times on the west side of Morris Road from Carl Road to a point 185 metres south of Carl Road; 3) that parking be restricted at all times on both sides of Carl Road from Morris Road to a ;point 20 metres east of Morris Road; 4) that parking be restricted at all times on both sides of Morris Road from Carl Road to a point 20 metres north of Carl Road. 2) MW-2000-10 - Valley Way between Drummond Road and Bellevue Street Traffic O_oerations Review That 1) a stop sign be installed on the north approach of Valley Way at Bellevue Street, on the west approach of Harper Drive at Valley Way and on the north approach of Valley View Crescent and Valley Way; 2) that parking be restricted at all times on the north side of Valley Way from Drummond Road to Valley View Crescent; 3) that a pedestrian sign supplemented by an "Elderly Pedestrians" tab be installed on Valley Way north of Bellevue Street facing northbound motorists; 4) that a pedestrian sign supplemented by an "Elderly Pedestrians" tab be installed on Valley Way east of Valley View Crescent facing westbound motorists; 5) that a curve ahead sign be installed on Valley Way north of Bellevue Street facing northbound motorists; 6) that a curve ahead sign be installed on Valley Way east of Valley View Crescent facing westbound motorists; 7) that the installation of street lights on Valley Way be tentatively scheduled for the year 2000; and 8) that sidewalk installation and road improvements/widening on Valley Way be included in the 2001 Capital Works Budget, subject to funding. 3) MW-2000-11 - Morrison Street at Homewood Avenue - reo. uest for School - That a School Crossing Guard be assigned at the intersection of Morrison Street at Homewood Avenue with the appropriate signage. 4) Heximer Avenue at Margaret Street - School Crossing Guard - That a School Crossing Guard be assigned at the intersection of Heximer Avenue at Margaret Street with the appropriate signage. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Volpatti, that the report be received and adopted. See By-law No. 2000-46 See By-law No. 2000-47 R-2000-13 -Actions of the Environmental Planning and Greening Committee Meeting held on February 16, 2000. The report recommends that Council endorse the actions of the Environmental Planqing and Greening Committee at its meeting held on February 16, 2000. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-2000-'I0 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $3,214,861.84 for the period ending February;?.8, 2000. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Feren, Pietrangelo and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-50 - 6 - L-2000-13 - Chief Administrative Officer - Re: Greater Niagara General Hospital Foundation Second Portable Signs. The report recommends that the application for a temporary portable sign at the Greater Niagara General Hospital Foundation be approved for a period of six months and that application fees be waived for this sign. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L-2000-14 - Chief Administrative Officer - Re: Establishment of Road Widening as a Public Highway to form part of Carroll Avenue; Part I on Reference Plan No. $9R- 10270. The report recommends that Part 1 on Reference Plan No. 59R-10270 be established as a public highway to be known as Carroll Avenue. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and adopted. The motion Carried with Aldermen Campbell and Fisher voting contrary to the motion; Alderman Michalczyk abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 2000-40 L.2000-15 - Chief Administrative Officer - Re: Kerim Agreement with the City Building Permit; Testamentary Devise. The report recommends that an Agreement dated February 3, 2000 between Erkan Kerim and Helen Kerim and the City regarding application for a Building Permit be authorized. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-41 L-2000-16- Chief Administrative Officer - Re: Hi There Media Sign Permit Application; 4709 Bender Hill. The report recommends that the application for an undersized poster panel (billboard) sign at 4709 Bender Hill be approved subject to the following,§ conditions: 1) That approvals from Transport Canada, The Niagara Parks Commission and the Ministry of Transportation be obtained prior to issuing a sign permit; 2) That an agreement be signed by Hi There Media addressing concerns from Municipal Works relative to the removal of the sign should any unsafe traffic situations arise, read works/repairs or maintenance be required and a review by Traffic and Parking Services staff following a one-year period. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Michalczyk, that the report be received and adopted. The motion Carried with Aldermen Campbell, Ioannoni, Michalczyk, Orr, Puttick and Mayor Thomson voting in favour of the motion and Aldermen Fisher, Janvary, Pietrangelo, Wing and Volpatti voting contrary to the motion and Alderman Feren abstaining from the vote on a conflict of interest. L-2000-18 - Chief Administrative Officer - Re: Powell Agreement with the City Building Permit - Testamentary Devise. The report recommends that an Agreement dated February 18, 2000 between Clara Flora Powell and the City regarding application for a Building Permit be authorized. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-44 L-2000-19 - Chief Administrative Officer - Re: Owens Agreement with the City Building Permit - Testamentary Devise. The report recommends that an Agreement dated February 27, 2000 between John Edward Owens and Sandra Lee Owens and the City regarding application for a Building Permit be authorized. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-43 RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the action taken in Committee-of-the-Whole earlier this evening be approved: That Council accept the Offer to Sell as submitted by Tony Aiello as Part Lot 15, Plan 62 and that the By-law be passed to authorize the execution and acceptance of the said offer. Carried Unanimously. RESOLUTIONS NO. 04 - JANVARY-POOL - FEREN - RESOLVED that a message of condolence be forwarded to the family of the late Stanley Charles Thomson, retired Fire Chief, City of Niagara Falls; well-respected citizen of the community and father of His Worship Mayor Wayne Thomson. And the Seal of the Corporation be hereto affixed. BY-LAWS Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 2000-40 A by-law to establish Part 1 on Reference Plan No. 59R-10270, as a public highway, to be known as and to form part of Carroll Avenue. (Re: Report L- 2000-14) 2000-41 2000-42 2000-43 A by-law to authorize an Agreement, dated February 3, 2000 between Erkan Kerim and Helen Kerim and The Corporation of the City of Niagara Falls regarding application for a Building Permit.(Re: Report L-2000-15) A by-law to authorize the execution of an agreement with Precise B/I System Limited respecting the supply and installation of Pay and Display Machines. A by-law to authorize an Agreement, dated February 22, 2000 between John Edward Owens and Sandra Lee Owens and The Corporation of the City of Niagara Falls regarding application for a Building Permit.(Re: Report L-2000- 19) 2000-44 2000-45 A by-law to authorize an Agreement, dated February 18, 2000 between Clara Flora Powell and The Corporation of the City of Niagara Falls regarding application for a Building Permit. (Re: Report L-2000-18) A by-law to designate the property known as the Danner-Sherk House, being PIN No. 64253-0226(LT) within the former Township of Willoughby, now City of Niagara Falls, to be of historic and architectural value and interest. 2000-46 A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 2000-47 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections). 2000-48 A by-law to authorize the execution of a consulting agreement with Hynde, Paul Associates Incorporated respecting a Willoughby Land Use Study.(Re: Report PD-2000-21, February 14, 2000 Council) 2000-49 A by-law to authorize the execution of an agreement with Singular Productions Limited respecting designing and constructing the City of Niagara Falls Parade Float. 2000-50 A by-law to authorize monies for General Purposes (February 28, 2000). 2000-51 A by-law to authorize the acceptance of an Offer to Sell, submitted by Antonio Lucio Aiello, for property described as part of Lot 15 Plan No. 62 in the City of Niagara Falls, in the Regional Municipality of Niagara. The motion Carried with Aldermen Campbell and Fisher voting contrary to By-law No. 2000-40 and Alderman Michalczyk abstaining from the vote on a conflict of interest previously noted; Aldermen Michalczyk and Pietrangelo abstaining from the vote on By- law Nos. 2000-41; 2000-43; and 2000-44 on conflicts of interest previously noted; and Aldermen Feren, Pietrangelo and Michalczyk abstaining from By-law No. 2000-50 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 2000-40 A by-law to establish Part 1 on Reference Plan No. 59R-10270, as a public highway, to be known as and to form part of Carroll Avenue. (Re: Report L- 2000-14) 2000-41 A by-law to authorize an Agreement, dated February 3, 2000 between Erkan Kerim and Helen Kerim and The Corporation of the City of Niagara Falls regarding application for a Building Permit.(Re: Report L-2000-15) 2000-42 A by-law to authorize the execution of an agreement with Precise B/I System Limited respecting the supply and installation of Pay and Display Machines. 2000-43 A by-law to authorize an Agreement, dated February 22, 2000 between John Edward Owens and Sandra Lee Owens and The Corporation of the City of Niagara Falls regarding application for a Building Permit.(Re: Report L-2000- 19) 2000-44 A by-law to authorize an Agreement, dated February 18, 2000 between Clam Flora Powell and The Corporation of the City of Niagara Falls regarding application for a Building Permit. (Re: Report L-2000-18) 2000-45 A by-law to designate the property known as the Danner-Sherk House, being PIN No. 64253-0226(LT) within the former Township of Willoughby, now City of Niagara Falls, to be of historic and architectural value and interest. 2000-46 A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 2000-47 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs at Intersections). 2000-48 A by-law to authorize the execution of a consulting agreement with Hynde, Paul Associates Incorporated respecting a Willoughby Land Use Study.(Re: Report PD-2000-21, February 14, 2000 Council) 2000-49 A by-law to authorize the execution of an agreement with Singular Productions Limited respecting designing and constructing the City of Niagara Falls Parade Float. 2000-50 A by-law to authorize monies for General Purposes (February 28, 2000). 2000-51 A by-law to authorize the acceptance of an Offer to Sell, submitted by Antonio Lucio Aiello, for property described as part of Lot 15 Plan No. 62 in the City of Niagara Falls, in the Regional Municipality of Niagara. The motion Carried with Aldermen Campbell and Fisher voting contrary to By-law No. 2000-40 and Alderman Michalczyk abstaining from the vote on a conflict of interest previously noted; Aldermen Michalczyk and Pietrangelo abstaining from the vote on By- law Nos. 2000-41; 2000-43; and 2000-44 on conflicts of interest previously noted; and Aldermen Feren, Pietrangelo and Michalczyk abstaining from By-law No. 2000-50 on conflicts of interest previously noted and with all others voting in favour. Boys' and Girls' Club Triathloll Alderman Victor Pietrangelo expressed appreciation to members of Council for their support of the recent Boys' and Girls' Club of Niagara Triathlon event, which had raised over $11,000. He also invited families to attend the "Boys' and Girls' Club Night" being held at Eastside Mario's on Tuesday, February 29, 2000 from 4:00 to 10:00 p.m. Sign at Mewburn and Mountain Roads Alderman Selina Volpatti provided an update on the status of the billboard located at the Mewburn and Mountain Roads and advised that the Region's appeal had been denied and that the sign would be coming down shortly. All-Way Sto.= - Marlboroua_ hlO'Neil Alderman Wayne Campbell requested that the removal of the Ali-Way Stop Sign at Marlborough and O'Neil be looked into. ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that the matter be referred to the Parking and Traffic Committee. Carried Unanimously. Millennium Clock at MorrisonlDorchester Road Alderman Paisley Janvary-Pool encouraged everyone wishing to place their names on the Millennium Clock to do so as space was available until March 31, 2000. -10- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR [ I I I II [11~' SEVENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 March 6, 2000 Council met on Monday, March 6, 2000 at 6:00 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Puttick and Feren, were present. Alderman Paisley Janvary-Pool presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise to report in open session. READ AND ADOPTED, ............ WAYNE THOMSON, MAYOR REGULAR MEETING Council Chambers March 6, 2000 Council met on Monday, March 6, 2000 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Aldermen Puttick and Feren, were present. Alderman Klm Craitor offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the Minutes of the Regular Council Meeting of February 28, 2000 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARYINTEREST Alde..an Michalczyk indicated a pecuniary interest on Report Nos. L-2000-23 and FS-2000-2, because he is a volunteer firefighter; and on Report No. L-2000-22 and on By- law No. 2000-54, because a family member is involved in testamentary devise matters. Alderman Wing indicated a pecuniary interest on matters dealing with the Niagara Military Museum because of her position as an elected Officer of the organization. Alderman Campbell indicated a pecuniary interest on COmmunication No. 39 dealing with the Niagara Falls Armoury because he resides in the vicinity of the Armoury Alderman Craitor indicated pecuniary interests from the meeting of February 28, 2000 on Report F-2000-10, Cheque Nos. 250122; 249962; M92915 and 250210 because a member of his family is employed by the Region. Alderman Craitor indicated pecuniary interests on Report F-2000-13, Cheque Nos. 250329; 250283 because a member of his family is employed by the Region. Alderman Pietrangelo indicated a pecuniary interest on Report No. L-2000-22 and on By-law No. 2000-54, because a family member is involved in testamentary devise matters PRESENTATIONS Business Showcase Award George Waters, Chairman, Business Development Advisory Committee provided a brief history and background information on Orsini Inns Inc., and advised that the City of Niagara Falls Business Showcase Award was to honour Niagara Falls successful businesses who have contributed to the economic growth of our community through their substantial accomplishments. His Worship Mayor Thomson congratulated and presented the Business Showcase Award to Mr. Gus Orsini, President and CEO of Orsini Inns Inc., Mr. Anthony Orsini and Mr. Costanzo Orsini and thanked them for their contributions to the community. DEPUTATIONS Niagara District Girls Hockey Association Mick Wolfe, Chair, Volunteer Planning Committee & President, Niagara District Girls Hockey Association provided background information on the Women's World Hockey Championships; thanked members of Council for their support and extended an invitation to Council to attend the game being held at the Niagara Falls Memorial Arena on April 4, 2000. Niagara Military_ Museum Veterans' Association Mr. Gary Beck, Niagara Military Museum Veterans' Association advised that the history of the Armoury should be preserved by utilizing it as a military museum; indicated that a military museum would provide a venue for the collection and display of artifacts relating to the military heritage of Niagara; that a military museum would educate the general public and in particular, the youth of the area with respect to the military heritage of the Niagara area; and suggested that Council support a study having the Armoury develop into a cultural and heritage facility. Ms. Deborah Legge, Vice-Chair, Arts & Culture Commission advised that the Arts & Culture Commission was in support of the Niagara Military Museum project; reviewed the history of the Armoury; stated that it had a strong local identity and was of the opinion that it should be used as a long-term cultural facility. She suggested that this was a special building and must be cared for. Mr. Christopher Horton advised that he was in favour of having the Armoury preserved for a Military Museum and thanked members for the opportunity to address Council. - AND - Communication No. 38 - The communication advises as that the Armoury building should be used as a Military museum for tourists visiting Niagara Falls. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that Council endorses the proposals and that the matter be referred to staff for a further report. The motion Carried with Aldermen Campbell, and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. COMMUNICATIONS Communication No. 39 - Klm Cody, Chair, Local Architectural Conservation Advisory - Re: Future Use of the Niagara Falls Armoury as an Archive. The communication requests that staff be directed to consider this use when conducting their investigation of possible acquisition. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the matter be referred to staff. The motion Carried with Aldermen Campbell and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Communication No. 40 - The Royal Canadian Naval Association - Re: Proclamation. The communication requests that Council proclaim May 8th to May 12th, 2000 as "Battle of Atlantic Week", during which time the traditional Navy Flag could be flown at Niagara Falls City Hall; and requesting to permit a short Flag Raising ceremony on Monday, May 8th, 2000 at 9:30 a.m. in front of City Hall. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the request be supported. Carried Unanimously Communication No. 41 - County of Brant - Re: Resolution. The communication requests that Council support a resolution petitioning the Minister of Agriculture, Food and Rural Affairs to instruct Ministry staff to cease and desist any review of legislation affecting Agricultural Societies which would lead to the elimination of tax exempt status for Society- owned fairgrounds; and further that the Minister reinstate the full amount of grant funding that assists Agricultural Societies. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. Communication No. 42 - County of Hastings - Re: Resolution. The communication requests that Council support a resolution petitioning the government to reinstate Special Circumstances Funding to cover transitional and implementation costs for the downloaded services such as Ontario Works; land ambulance, social housing child care and Provincial Offences programs ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the request be supported. Carried Unanimously. Communication No. 43 - Womens' Place of South Niagara Inc. - Re: Municipal Governance. The communication requests Council's consideration of their financial situation should a "supercity" be the end result of the current governance discussions. ORDERED on the mOtion of Alderman Volpatti, seconded by Alderman Campbell, that the communication be received and filed for the information of Council. Carried Unanimo~l$1y. Communication No. 44 - City of Niagara Falls, Board of Museums - Re: Municipality Governance. The communication requests Council's consideration of the Museum's destiny during the governance deliberations. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the communication be received and filed for the information of Council. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. Adoption of the January 24, 2000 Corporate Services Committee Minutes; F-2000-11 - Statement of Remuneration and Expenses for Members of Council, Committee of Adjustment and Recreation Commission - that the Statement of Remuneration and Expenses for Members of Council, Committee of Adjustment and Recreation Commission be received for information; F-2000-12 - Fidelity Bond Coverage - that the Report be approved and that the City's Comprehensive Crime Policy be deposited with the Director of Finance for safekeeping and to be available for inspection; F-2000-13 - Municipal Accounts - that the municipal accounts totalling $461,996.76 for the period ending March 6, 2000 be approved; CS-2000-03 - "B" Budget List - that an amount of $250,000 be included as part of the 2000 Operating Budget to cover the highest priority of additional requirements; R-2000-04 - Millennium Clock Plaque - that the following names be placed on the Millennium Clock Plaque to be displayed on the inside archway of the Clock: Members of the 1997-2000 City of Niagara Falls Municipal Council; Names of all previous City of Niagara Falls Municipal Council Mayors; Gary Pillitteri, M.P. and Bart Maves, M.P.P.; and that $50,000 will be provided by the City of Niagara Falls Municipal Council for the Millennium Clock Project; RS-2000-02 - Fire Station #5 (Willoughby) Roof Repairs - that Council forgive repayment of the previously approved $25,000.00 loan to the Willoughby Fire Fighter's Association for roof repairs and that staff be directed to amend the existing loan arrangement to accommodate this approval; further, that staff bring forth a report on the status of the pumper tanker acquisition for Fire Station #6 - Alderman Michalczyk conflict of interest; Region of Niagara Report CSD 02-2000- Amendment to Policy on Charitable Rebate - that the report be received for information; Ministry of Finance re: Interest Relief Funding Program - that the correspondence dated January 18, 20000 be received for information; 10. Thank you letter from Shelly Piccirillo - that the letter be received and filed; 11. YWCA of Niagara Falls - Request for Financial Assistance - that the request be referred to staff; 12. Niagara District Girls Hockey Association - Request to Waive Arena Fees for the 2000 Women's World Hockey Championships Game - that the arena fees be waived for the 2000 Women's World Hockey Championships Game to be held on April 4, 2000. The motion Carried with Alderman Craitor abstaining from the vote on Report F-2000-13 on a conflict of interest previously noted; and Alderman Michalczyk abstaining from the vote on Report FS-2000-02 on a conflict of interest previously noted and with all others voting in favour. See By-law No. 2000-60 I I I : 1 II II;I! - 5 - PD-2000-15 - Chief Administrative Officer - Re: Review of Demolition Permits. The report recommends that the City's Policy and Procedure 'Manual be updated to provide that applications for demolition permits be submitted 14 days in advance of the intended demolition and that Council pass a by-law to appoint the members of LACAC as inspectors for the purpose of photographing, examining and inspecting properties where an application for demolition permit has been received. ORDERED on the motion of Alderman Wing, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. PD-2000-26 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-29/99, 5534 Stanley Avenue; Proposed Addition to the Glengate Motel. The report recommends the following: That Council approve the site plan for a proposed 28-unit addition to the Glengate Motel at 5534 Stanley Avenue, conditional upon: The applicant's architect completing the final details and changes regarding servicing and grading requested from the Municipal Works Department to their satisfaction; The landscaping plan being satisfactory to the Parks, Recreation and Culture Department; That the changes to the driveway required by the Region be provided to their satisfaction. His Worship Mayor Thomson received indication that Mr. Guy DeBenedetti was in attendance on behalf of his parents, Mr. & Mrs. E. DeBenedetti, residing at 5523 Buchanan Avenue. Mr. DeBenedetti expressed the concern that no fencing or netting had been provided pdor to the demolition of the building, resulting in a fair amount of dust particles in the surrounding area; he also advised that the demolition had caused some damage to his parents property and would have to be repaired. He further expressed the concern that proper notification of the demolition had not been provided to the residents in the area. Mr. DeBenedetti requested that consideration be given to the type and height of fencing; expressed concerns of idling buses and the subsequent diesel fumes in the area; and referred to the issue of snow removal in the area; and requested to be involved in the site plan process. Mr. John Campisano, was in attendance on behalf of the applicant, responded to concerns expressed regarding the issue of idling buses and proceeded to introduce Mr. Bill Scavone, Project Manager and Architect Engineer, who expressed sincere apologies to the DeBenedetti family for any inconveniences they had incurred and advised that any damages sustained during the demolition would be remedied. Following the discussion, it was ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Orr, that the report be received and adopted subject to Mr. & Mrs. Debenedetti's involvement in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Michalczyk, Seconded by Alderman Orr, that staff investigate the placing of a requirement in demolition permits that would require notification to residents. Carried Unanimously. PD-2000-27 - Chief Administrative Officer - Re: Application for Site Plan. The report recommends that Council adopt the by-law on tonight's agenda placing the lands of Niagara Community Church under site-plan control. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-61 MW-2000-19 - Chief Administrative Officer - Re: Contract 2000-184-99; Dorchester Road and Oakwood Drive Watermain Replacement. The report recommends that the unit prices submitted by the Iow tenderer, Provincial Construction (Montrose) Ltd., be accepted and the by-law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-58 CD-2000-O6 - Chief Administrative Officer - Re: Expansion of the Urban Service Area to include Part of Lot 117 in the former Township of Stamford, now in the City of Niagara Falls; Mr. Marlo Pozzebon, 5089 Kalar Road. The report recommends that the lands of Mr. M. Pozzebon at 5089 Kalar Road 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 Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-Law No. 2000-57 CD-2000-07 - Chief Administrative Officer - Re: Body Rub Parlour Owner's Licence Application; Request of Mr. Zigmunt Grzegorczyn. The report recommends that Council deny the request of Mr. Grzegorczyn and not accept his application for a Body Rub Parlour Owner's Licence. The City Solicitor commented that staff was recommending not to make any exceptions in this regard due to the specific timeframes that were indicated in the By-law. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. L-2000-20 - Chief Administrative Officer - Re: Ling Encroachment Agreement with the City; 5274 Victoria Avenue at Eastwood Crescent. The report recommends that the continuation of the encroachment of parts of a building at 5274 Victoria Avenue at Eastwood Crescent be permitted, as set out in heavy outline on the plan attached. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-53 L-2000-21 - Chief Administrative Officer - Re: Establishment of Daylighting Triangle as a Public Highway, Welland Street. The report recommends that the daylighting triangle, described as part 3 on Reference Plan No. 59R-10949 be established as a public highway, to form part of Welland Street. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-55 L-2000-22 - Chief Administrative Officer - Re: Kane Agreement with the City Building Permit; Testamentary Devise. The report recommends that an Agreement dated February 25, 2000 between Douglas Wilfred Kane and Maureen Ann Kane and the City regarding application for a Building Permit with respect to part 7 on Reference Plan No. 59- R-7429 and Part 5 on Reference Plan No. 59R-6480, be authorized. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Pietrangelo and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-54 L-2000-23 - Chief Administrative Officer - Re: Agreement with John Nagy for Temporary Training Site for Niagara Falls Fire Department. The report recommends that an Agreement dated January 24, 2000 with John Nagy, Rose Patrick and Elizabeth Szuch to permit the Niagara Falls Fire Department to temporarily use the property and buildings at 7913 Kalar Road for the training of its firefighters, be authorized. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Volpatti, 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. See By-law No. 2000-5(~ BY-LAW~ ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the following by-laws and the by-laws be read s first time: 2000-52 A by-law to repeal By-law No. 74-28, being a by-law to provide for the exemise by the Assessment Review Court of certain Functions of Council. 2000-53 A by-law to authorize an Encroachment Agreement with Chi-Win Ling and Holly Jones Ling for the purpose of permitting the encroachment of parts of a building unto Eastwood Crescent Road allowance. 2000-54 A by-law to authorize an Agreement, dated February 25, 2000 between Douglas Wilfred Kane and Maureen Ann .Kane and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-55 A by-law to establish Part 3 on Reference' Plan No. 59R-10949, as a public highway, to be known as and to form part of Welland Street. 2000-56 A by-law to authorize the execution of an agreement with Rose Patrick, Elizabeth Szuch and John Nagy to permit the Niagara Falls Fire Department to enter upon the lands municipally known as 7913 Kalar Road to carry out training activities related to the duties of its firefighters. 2000-57 A by-law to alter the boundaries of the Urban Services Area of the City. 2000-58 A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting Dorchester Road and Oakwood Ddve Watermain Replacement. 2000-59 A by-law to amend By-law No. 79-200, as amended. (Re: AM-01-2000, 7190 Morrison Street, First Niagara Developments Ltd.) 2000-60 A by-law to authorize monies for General Purposes (March 6, 2000) 2000-61 A by-law to amend By-law No. 96-120 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990. (Re: Report PD-2000-27; Niagara Community Church) The motion Carried with Aldermen Pietrangelo and Michalczyk abstaining from the vote on By-law No. 2000-54 on conflicts of interest previously noted; Alderman Craitor abstaining from the vote on By-law No. 2000-60 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 2000-52 A by-law to repeal By-law No. 74-28, being a by-law to provide for the exercise by the Assessment Review Court of certain Functions of Council. 2000-53 A by-law to authorize an Encroachment Agreement with Chi-Win Ling and Holly Jones Ling for the purpose of permitting the encroachment of parts of a building unto Eastwood Crescent Road allowance. 2000-54 A by-law to authorize an Agreement, dated February 25, 2000 between Douglas Wilfred Kane and Maureen Ann Kane and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-55 A by-law to establish Part 3 on Reference Plan No. 59R-10949, as a public highway, to be known as and to form part of Welland Street. 2000-56 A by-law to authorize the execution of an agreement with Rose Patrick, Elizabeth Szuch and John Nagy to permit the Niagara Falls Fire Department to enter upon the lands municipally known as 7913 Kalar Road to carry out training activities related to the duties of its firefighters. 2000-57 A by-law to alter the boundaries of the Urban Services Area of the City. 2000-58 A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting Dorchester Road and Oakwood Drive Watermain Replacement. 2000-59 A by-law to amend By-law No. 79-200, as amended. (Re'. AM-01-2000, 7190 Morrison Street, First Niagara Developments Ltd.) 2000-50 A by-law to authorize monies for General Purposes (March 6, 2000) 2000-61 A by-law to amend By-law No. 96-120 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 41 of the Planning Act, R.S.O. 1990. The motion Carded with Aldermen Pietrangelo and Michalczyk abstaining from the vote on By-law No. 2000-54 on conflicts of interest previously noted; Alderman Craitor abstaining from the vote on By-law No. 2000-60 on a conflict of interest previously noted and with all others voting in favour. Cherry_ Acres Grade 3 Class Poster Alderman Ioannoni presented a poster drawing on behalf of the Cherry Acres School, Grade 3 class, to His Worship Mayor Thomson who had recently attended the School. Letters of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter of condolence be forwarded to the family of the late Charles Wray Hyde. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that a letter of condolence be forwarded to the family of Mrs. Eva Klein Hodgson and Mr. Trent Hodgson on the tragic death of their 6 year-old son, McLean. Carried Unanimously. SuDerbuild Government Fundin- Alderman Volpatti expressed concerns regarding the Government's decision of denying "superbuild" funding to the two Niagara area post-secondary educational institutions, Brock University and Niagara College and requested that a letter be forwarded to the Government expressing Council's opposition to the decision. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a letter be forwarded to the government expressing Council's opposition to their decision of denying funding to Brock University and Niagara College and further, that Council condemns the action of being treated differently than other groups throughout the Province. Carried Unanimously. Millennium Clock Alde~[rian Janvary-Pool encouraged everyone who wished to place their names on the Millennium Clock to do so prior to March 31, 2000 Governance Issue Question ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the development of a potential question dealing with governance and a seven-city model be referred to staff and be included on all municipal ballots. Carried Unanimously. Ticketing at the Niagara Falls Arena Alderman Craitor referred to the concerns of fans getting ticketed during a recent hockey game at the Niagara Falls Arena, when parking spaces were not available and he advised that the matter was being looked into. 10- Post Office Outlet in ChiD_~awa Alderman Michalczyk referred to concerns expressed by residents in Chippawa regarding the lack of a post office outlet in the area and requested that a letter be forwarded to the Canada Post Corporation, requesting that the matter of providing a replacement Post Office outlet in Chippawa be investigated and further that consideration be given to providing a temporary location to meet the needs of the residents, specifically the senior citizens in the area. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that a letter be forwarded to Canada Post Corporation requesting that the matter of providing a Post Office outlet in Chippawa be investigated and further, that consideration be given to providing a temporary location to meet the needs of the residents. Carried Unanimously. It was moved by Alderman Orr, seconded by Alderman Janvary, that the meeting adjourn to Committee of the Whole. Carried Unanimously. Committee of the Whole Committee Room #1 March 6, 2000 Council reconvened in Committee of the Whole at 8:20 p.m.. All members of Council, with the exception of Aldermen Feren and Puttick, were present. Alderman Janvary-Pool 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 I I I r 1 II Ill~' EIGHTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 March 20, 2000 Council met on Monday, March 20, 2000 at 6:00 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Puttick, who was on vacation, 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 DI,~CLOSURES OF PECUNIARY INTERESTS Alderman Micahczyk indicated a pecuniary interest on Report No. F-2000-15, Cheque Nos. 250529; 250397 and 250613 because of his lawsuit and investigation with Bruce Ward; and indicated a pecuniary interest on Report No. L-2000-25 because of testamentary devise matters. Alderman Pietrangelo indicated a pecuniary interest on Report L-2000-25, because of testamentary devise matters. Alderman Craitor indicated a pecuniary interest on Report No. F-2000-15, Cheque Nos. M92935; 250600; 250593; 250466 because a member of his family is employed by the Region. Aldermen Feren and Orr indicated pecuniary interests on casino matters from Committee-of-the-Whole. Alderman Campbell indicated a pecuniary interest on the matter dealing with King George V School because the District School Board is his employer. Alderman Fisher indicated a pecuniary interest on the matter dealing with King George V School because she is one of the Directors. pLANNING MEETING Council Chambers March 20, 2000 Council met on Monday, March 20, 2000 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 on vacation, were present. Alderman Shirley Fisher offered the Opening Prayer. PLANNING MATTERS PD-2000-28 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-0512000, Isaac Meisels Investments Limited; North Side of Weinbrenner Road. The report recommends the following: That Council approve the Zoning By-law amendment application which will permit the construction of a 2-storey nursing home; 2. That Council pass the amending by-law included in tonight's agenda. - AND - Communication No. 4,5 - The Niagara Parks Commission. The communication advises as having no objection to the proposal, but advises that the property owners and future occupants be made aware of the new Niagara Parks Commission golf courses currently under construction. Communication No. 46 - Regional Niagara. The communication advises as having no objection to the rezoning. Communication No. 47 - Regional Niagara, Planning & Development Department. The communication provides comments on the proposed 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 the Regulations on February 18, 2000. His Worship Mayor Thomson received indication that Mr. John Crossingham, Solicitor, 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report: The Proposal; The Amendment; The Planning Review; advised that the development would represent a reduction in density and indicated that the application of a nursing home was a compatible land use and that 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 in opposition to the application. John Crossingham reviewed and discussed the application and requested favourable approval of the rs-zoning by-law as the applicant had a commitment for 70 beds and further that the Province was looking for the provision of a zoned site in order to process their application. In response to questions raised, respecting the storm sewer issue, the Director of Municipal Works advised that the Little Mississippi Drain was the outlet for the arsa and that staff would continue to monitor the area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-05/2000 closed. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest, because a member of his family is employed by the Region and with all others voting in favour. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the communications be received and filed. Carried Unanimously. See By-law 2000-65 PD-2000-29 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-02100, Sam's Montrose cio Simo Bielich; 8731 and 8765 Montrose Road. The report recommends that Council approve the Zoning By-law amendment application to permit the existing hotel and ancillary uses to be recognized in the Zoning By-law. - AND.- Communication No. 48 - The Ministry of Transportation. The communication advises that the ministry has no objections to this proposed amendment to recognize existing uses. Communication No. 49 - The Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objection to the approval of this application. His Worship Mayor Thomson declared the Public Meeting open and rsad 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 the Regulations on February 18, 2000. His Worship Mayor Thomson received indication that Mr. David Crowe, Solicitor, 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 discussed the subject lands with the assistance of posted sketches; reviewed the infofr~-~ation contained in the Recommendation Report: The Proposal; The Amendment; and the Notification Process; and advised that the applicant was requesting the zoning by-law amendment to recognize the hotel as a legal use in order to permit an ancillary use, such as the volleyball courts. 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-02/2000 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the communications be received and filed. Carried Unanimously. PD-2000-30 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-0312000, Brookdale Properties Inc., Northeast corner of Front Street & Norton Street; Proposed Multiple Residential Development. The report recommends the following: That Council approve the application to rezone the subjectilands from TC to R2, in part, and R3, in part, conditional upon: That a site specific amending by-law being applied to the lands that addresses the number of units, building height, lot area and other provisions; 2. That the applicant satisfying the conditions of the Municipal Works Department. - AND - Communication No. 50 - Regional Municipality of Niagara. The communication advises as having no objections to the rezoning application. Communication No. 51 - Regional Niagara, Planning and Development. The communication comments on the proposed 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 Pul31ic Meeting had been given in accordance with the Regulations on February 18, 2000. 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. - 5 - The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the informationcontained in the Recommendation Report; advised that the Municipal Works Department had various servicing concerns that would have to be addressed and advised that staff were recommending approval subject to the Municipal Works Department servicing concerns being addressed. 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-03/2000 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. PD-2000-31 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-04/2000, 5038 Marshall Road; Michael & Joan Stoll (Agent: Bev Hodgson); Proposed Temporary Use By-law for a Machine Shop. The report recommends the following: 1. That the approval be granted for a three-year period; That the Business Development Department work with the applicant to secure a location within an industrial area. - AND - Communication No. 52 - Regional Niagara, Planning and Development Department. The communication provides comments with respect to the proposed expansion. 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 the Regulations on February 18, 2000. His Worship Mayor Thomson received indication that Ms. Bev Hodgson, Solicitor, 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report: The Planning Review and advised that staff were recommending approval. 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. Ms. Bev Hodgson, provided a brief overview of the application and responded to the concems of the Region with respect to entrenchment of the use and compliance with the tree conservation by-law. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-04/2000 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the communication be received and filed. Carried Unanimo~lsly, PD-2000-33 - Chief Administrative Officer - Re: Official Plan and Zoning Amendment Application; AM-5199, 5248 Drummond Road, Maurizio Ingribello. The report recommends the following: That approval of the applications may be considered provided: That Council is satisfied that thc proposed rezoning and Official Plan amendments are an appropriate exception to the city's planning programme for neighbourhood commercial uses; 2. That the concerns of neighbour; have been adequately addressed. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the PI;,nning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on February 18, 2000. His Worship Mayor Thomson received indication that Mr. Rocco Vacca, Solicitor, Sullivan Mahoney, and Mr. Michael Allen, Architect, 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 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; informed that compatibility issues such as the proposed driveway entrances and improved landscaping had been addressed and advised that staff were recommending approval if the neighbourhood concerns had been addressed. 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. Vacca discussed and reviewed the City's Neighbourhood Commercial policies; advised that the proposal substantially satisfied the City's planning program for Neighbourhood Commercial uses, and assured that the neighbours' concerns had been adequately addressed. I I ri 1 I1 II1~ [ I - 7 - Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Appli~atio~;AM-5/99 closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD-2000-32 - Chief Administrative Officer - Re: Parkwood Estates Draft Plan of Subdivision; Owners: Riverview Homes (Niagara) Ltd., 262504 Cosmetics Limited; Eric Henry & Fred Costabile. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Parkwood Estates Draft Plan of Subdivision. - AND - Communication No. 52 - Niagara Peninsula Conservation Authority. communication advises as having no objection to the application. The His Worship Mayor Thomson declared the Public Meeting open and the City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on March 3, 2000. .~ His Worship Mayor Thomson advised that the purpose of the public meeting was to receive information; that no decisions would be made at this meeting, only to provide an opportunity for public comment on the proposed subdivision, after which the Planning & Development Department would consider all comments received and prepare a recommendation report to Council at a future date. 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. Mr. Eric Henry, Developer, provided a brief overview of the plan of subdivision; discussed the development of 25 single-family lots under R2 zoning, including 2 small blocks of land to be added to the rear of 2 lots and 2 blocks of land for future, residential development, and discussed the proposed roadway pattern.. 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 Parkwood Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be referred to staff. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the communication be received and filed. Carried Unanimously. PD-2000-34 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-0512000; 5233 Stanley Avenue; Proposed Tim Hortons Restaurant. The report recommends that Council approve the site plan for a proposed Tim Hortons Restaurant at 5233 Stanley Avenue. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. PD-2000-35 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-0612000; 8375 Lundy's Lane; Proposed Expansion to Hu-Ero Appliances. The report recommends that Council approve the site plan for a proposed expansion to Hu-Ero Appliances at 8375 Lundy's Lane. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the Minutes of the Regular Council Meeting of March 6, 2000 be adopted as printed. Carried Unanimously. DEPUTATIONS YW(;;A of Nia_uara Falls Bernice Mowat, Chairperson, Stop Racism Tour Canada Youth Challenge, provided information on the international Day for the Elimination of Racial Discrimination on March 21, 2000; discussed the Millennium Youth Challenge and introduced the new YWCA, Executive Director, Linda Branchaud, who thanked members of Council for their ongoing support to the YWCA. Massa_ue Parlours Ms. Carol Bongers expressed concerns that body rub parlours were applying for licences in the proximity of three campground establishments; expressed the opinion that the City was a tourist destination and that body rub parlours would make a very poor impression on the tourists visiting our City; she further suggested that the citizens of Niagara Falls let their concerns be known. During the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Council request The Police Services Board to assume responsibility for the licencing and enforcement of body rub parlours in Niagara Falls. Carried Unanimously. Following further discussion, it was ORDERED on ~he motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that Council support a motion encouraging the Police Services Board to exercise its power, in a proactive approach, and to designate extra manpower, a full-time Inspector, to deal specifically with body rub parlours and for the cost of this extra Inspector, to be collected through increased licensing fees imposed by the Police Services Board. Carried Unanimously. Alderman Volpatti suggested that the zoning by-law be amended to have these establishments locate in an industrial zoned area. The City Solicitor provided clarification with respect to the City's existing zoning by- law, that provides a 100-metre buffer from sensitive areas; and suggested that the Provincial government be requested to consider expanding municipal jurisdiction, in terms of licencing and regulating. Mr. Paul Bongers suggested that the area of campground establishments could be designated a sensitive area during the months of June to September. Ms. Wynn Valliquette expressed concerns with respect to the applications and licences issued to a motel and a residence. The City Clerk commented that all applications were approved by zoning. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that staff look at other zoning areas for these establishments. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Convention Committee ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that Aldermen Volpatti and Ioannoni be appointed to the Convention Committee and with Alderman Fisher appointed as an alternate to the Convention Committee. Carried Unanimously. COMMUNICATIONS Communication No. 53 - The Stamford Center Volunteer Fireman's Association - Re: 49th Annual Carnival. The communication requests permission to hold their 49th Annual Carnival at the Stamford Green ground from June 14th to June 17th, 2000 inclusive ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the request be approved. Carried Unanimously. Communication No. 54 - Community Services Department, Building Division - Re: Proclamation. The communication requests that Council proclaim the week of April 2nd to 8th, 2000 as "Building Safety Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. Communication No. 55 - The 3~d Annual National Kids' Day - Re: Proclamation. The communication requests that Council proclaim Saturday, June 10, 2000 as "National Kids' Day" and requesting support by their participation in the "Change for Change" fundraiser. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the requests be supported. Carried Unanimously. Communication No. 56 - The Salvation Army - Niagara Region - Re: Red Shield Campaign. The communication requests permission to have a flag raising ceremony on Wednesday, April 26, 2000 at 11:00 a.m. to kickoff The Salvation Army Red Shield Campaign. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. Communication No. 57 - LGL Limited, Environmental Research Associates - Re: Request for Noise By-law Exemption. The communication advises that the Ontario Ministry of Transportation is planning construction along the QEW from Lundy's Lane to Lyons Creek and requesting that Council, in accordance with By-law No. 7535 and as amended by By-law No. 83-85 dealing with construction noise grant a 15-month exemption. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the exemption be granted. Carried Unanimously. -10- Communication No. 58 - City of Welland - Re: Extension of Elections date. The communication requests that Council support a resolution petitioning the Province of Ontario to extend the municipal elections date by at least one year to allow time for restructuring initiatives to be completed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the communication be received and filed. Carried Unanimously. Communication No. 59 - Regional Niagara - Office of the Regional Clerk - Re: The Governance Review Process. The communication advises that proposals or comments on governance should be submitted by March 30, 2000. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 60 - Niagara Home Builders' Association - Re: Proclamation. The communication requests that Council proclaim the month of April as "New Homes Month". ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. Communication No. 61 - Niagara-on-the-Lake Citizens Advisory Committee - Re: Continued independence of the municipality of Niagara-on-the-Lake. The communication provides information on the ongoing independence of the municipality of Niagara-on-the-Lake. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 62 - The Corporation of the Township of South Glengarry - Re: Provincial Water Protection Fund. The communication requests that Council support a resolution petitioning the Treasurer of Ontario and the er of the Environment to ensure that an adequate amount of funding be included in the Provincial budget to ensure that areas that have identified environmental problems be given adequate funding assistance to deal with problems that affect the quality of drinking water and/or are polluting the environment. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be supported. Carried Unanimously. REPORTS MW-2000-23 - Chief Administrative Officer - Re: Contract #2000-06; Tender for the Supply of Materials and Services for Pavement Markings. The report recommends the following: 1. That the Iow bid, Terrio Road Markings, be accepted; 2. 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 material and services for pavement markings. ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously, See By-law No. 2000-64 MW-2000- 29 - Chief Administrative Officer - Re:Tender #1-2000; New Equipment Purchases. The report recommends that the following bidders be awarded the respective new equipment tenders as follows: 11 - 1. Niagara Motors Ltd., Virgil, for one (1) 10,000~lb. G.V.W. Single Axle Crew Cab Dump in the amount of $43,470.00; 2. Altec Industries Ltd., Milton, for one (1) 19,5000 lb. G.V.W. Single Axle Utility Truck with Hydraulic Telescoping Aerial Device in the amount of $97,141.65; 3. Ed Learn Ford, St. Catharines, for one (1) 19,5 00 lb. G.V.W. Single Axle Crew Cab Dump in the amount of $53,989.05; 4. Hamilton Truck Services, Hamilton, for one (1) 6.5 Cu. Yd. Dump/Sander All Season Combination with Snowplow & Wing in the amount of $151,607.95; 5. Niagara Motors Ltd., Virgil, for two (2) Short Wheelbase Panel Vans totalling $43,700.OO; 6. Autoland Chrysler Ltd., Niagara Falls, for two (2) Pickup Trucks totalling $45,241.00; 7. Niagara Motors Ltd., Virgil, and two (2) 4-door sedans totalling $41,569.40. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. Adoption of the March 6, 2000 Corporate Services Committee Minutes; F-2000-14 - Document Management - that an agreement with Ikon Office Solutions, Mississauga, Ontario, be completed for the acquisition of software for a digital document management system, and that sufficient scanning equipment be purchased to facilitate document imaging; further, that staff investigate the feasibility and costs of providing access to Members of Council through lap-top computers; IS-2000-01 - Novell/Oracle Server - that the quote for the supply of an HP NetServer LH4 submitted by Value Added Systems for $72,758.20 (taxes included) be accepted; F-2000-15 Municipal Accounts - that the municipal accounts totalling $10,709,679.23 for the period ending March 20, 2000, be approved; o Niagara District Airport Commission - 1999 Financial Statements -that the 1999 Financial Statements for the Niagara District Airport Commission be received for information; 6. New Business That a grant in the amount of $1,000 be provided to assist Mike Strange with training expenses for the 2000 Olympic Games. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Craitor abstaining from the vote from Report F-2000-15 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-67 12- RATIFICATION OF COMMUNITY SERVICES ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the February 7, 2000 Community Services Committee Minutes; MW-2000-24 - Willodell Bridge - that the City upgrade the Willodell Bridge for use by pedestrians and horses and that funds be set aside over the next four to five years for the purpose of rebuilding the bridge in the futura - Alderman Volpatti - Opposed; MW-2000-25 - Sidewalk Construction - construction of the new sidewalks as listed in Report MW-2000-25, totalling $143,800 be approved; MW-2000-27 - Liability & Level of Service Building Inspection and Permit Issuance - be received for information; o MW-2000-30 - Falls Avenue Streetlighting - Bridge Commission Cost Sharing - that the City of Niagara Falls cost share with the Niagara Falls Bridge Commission for the installation of nine decorative streetlight poles and luminaires for Falls Avenue at an estimated cost of $79,141.00; and further that staff be directed to bring back to Committee an agreement with the Bridge Commission for the long term maintenance of these poles; o R-2000-19 - Actions of the EP & G Committee Meeting held on March 6, 2000 - that the actions of the Environmental Planning and Graening Committee at its meeting of March 6, 2000 (excluding Recommendation No. 4) be approved; That parkland fees from consents within the rural araa be approved - Section 53 (13) -Aldermen Craitor, Michalczyk, Campbell and Pietrangelo - Opposed; Newspaper Article - Dumping concerns - Denis Hinchliffe - that the information be received with respect to dumping of construction materials and that a rasolution be sent to Mr. Denis Hinchcliffe indicating that this matter was discussed by Committee Members, and that staff will continue to assist Mr. Hinchcliffe by in investigating complaints raceived, and will proceed with the pending charges; 8. New Business: Willoughby Drive - that staff provide a raport addressing futura traffic concerns on Willoughby Drive, and the possibility of opening Weinbrenner or Willick Road for future use; 9. That information be received on Streetlighting Contract #98-01 Arbitration Award. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Volpatti voting contrary to the motion on Report MW-2000-24; and with Aldermen Craitor, Michalczyk, Campbell and Pietrangelo voting contrary to the motion dealing with parkland fees and with all others voting in favour. See By-law No. 2000-67 See By-law No. 2000-68 L-2000-12 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-34/99; 5840 Dunn Street. The report racommends the following: -13- 1. That the report be received for the information and consideration of Council 2. That staff be directed as to whether the proposed by-law amendment should proceed, in light of the opinions contained in this report. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the matter be deferred until the applicants are notified. Carried Unanimously. L-2000-25 - Chief Administrative Officer - Re: Agreement with Brian and Marilynn Sinclair; Part Lots 3 & 4, Concession 5, Netherby Road. The report recommends that an Agreement dated January 28, 2000 with Brian and Marilynn Sinclair to satisfy a condition of Zoning by-law Amendment approval, be authorized. ORDERED on the motion of Alderman Fisher, seconded by Aldeh-~an Feren, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-63 L-2000-27- Chief Administrative Officer - Re: Decision of Appeal for Adult Entertainment Parlour for Hotel Europa. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the report be received for the information of Council. Carried Unanimously. L-2000-24 - Chief Administrative Officer - Re: Sign Permit Application; Eagle Valley Golf Course; 2334 St. Paul Avenue. The report recommends that Council approve the application for a ground sign at the corner of Mountain Road and St. Paul Avenue. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. Zonin_u & Site Plan Meetin_u The Director of Planning and Development advised that Mr. DiCosimo has requested to have a public hearing scheduled for an application to amend a zoning by-law to provide offsite parking and to provide a site plan agreement to reflect that change. He advised that staff was looking for plans to be submitted along with a site plan application and a storm water report. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that if the information dealing with the site plan application from the Hilton Hotel was not received, that staff would not go ahead with the public hearing. Carried Unanimously. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Committee-of-the-Whole earlier this evening be approved. That the value of the proposed closed portion of Willick Road be conveyed to the Niagara Parks Commission before nominal consideration; and further that an approximate value of those lands together with the approximate value of the Edgeworth Road lands be provided to the Niagara Parks Commission and the Niagara Parks Commission be advised that the City will look to the Niagara Parks Commission for future consideration. Carried Unanimously, 14- NO. 05 - FEREN - CAMPBELL - WHEREAS an Assessment Reform interpretation by the Ontario Property Assessment Corporation has placed the Assessment of Assembly Halls, Community Halls, and Private and Fraternal Clubs in the commercial assessment class; AND WHEREAS the result is a material increase in the taxes charged to many community organizations; AND WHEREAS many of these cultural and community groups could fold as a result of the onerous tax burden; AND WHEREAS the City believes that the Policy will be detrimental to the finances and benefits to the Community by these Non-Profit Service Agencies. NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario include as part of the Residential/Farm Property Class properties owned by Non-Profit Service Agencies that are Assembly Halls, Community Halls and Private and Fraternal Clubs. AND FURTHER BE IT RESOLVED THAT the local Member of Provincial Parliament be requested to assist in convincing the Provincial government and the Ontario Property Assessment Corporation to change the current onerous interpretation. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that leave be granted to introduce the following by-laws and the by-laws be read a first time: By-law to amend By-law No. 79-200, as amended. (Re: AM-34/99, 5840 Dunn Street). The by-law was withdrawn as the matter was deferred by Council. 2000-62 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. 2000-63 A by-law to authorize an Agreement between Brian Sinclair and Marilynn Sinclair and The Corporation of the City of Niagara Falls for the purpose of satisfying a condition of a Zoning By-law Amendment. 2000-64 A by-law 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. 2000-65 A by-law to amend By-law No. 79-200, as amended. (Re: AM-05/2000, Isaac Meisels Investments Limited) 2000-66 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. 2000-67 A by-law to authorize monies for General Purposes (March 20, 2000) 2000-68 A by-law to permit the dedication of parkland (Re: Report R-2000-19, March 6, 2000) The motion Carried with Aide[men Michalczyk and Craitor abstaining from the vote on By- law No. 2000-67 on conflicts of interest previously noted; and Aldermen Craitor, Michalczyk, Campbell and Pietrangelo voting contrary to By-law No. 2000-68 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 15 - By-law to amend By-law No. 79-200, as amended. (Re:AM-34/99, 5840 Dunn Street). The by-law was withdrawn as the matter was deferred by Council. 2000-62 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. 2000-63 A by-law to authorize an Agreement between Brian Sinclair and Marilynn Sinclair and The Corporation of the City of Niagara Falls for the purpose of satisfying a condition of a Zoning By-law Amendment. 2000-64 A by-law to authorize the execution of an agreement with 463051 Ontario Limited operating as Terdo Road Markings respecting the supply of material and service for pavement markings. 2000-66 A by-law to amend By-law No. 79-200, as amended. (Re: AM-05/2000, Isaac Meisels Investments Limited) 2000-66 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. 2000-67 A by-law to authorize monies for General Purposes (March 20, 2000) 2000-68 A by-law to permit the dedication of parkland (Re: Report R-2000-19, March 6, 2000) The motion Carried with Aldermen Michalczyk and Craitor abstaining from the vote on By- law No. 2000-67 on conflicts of interest previously noted; and Aldermen Craitor, Michalczyk, Campbell and Pietrangelo voting contrary to By-law No. 2000-68 and with all others voting in favour. NEW BUSINESS Safe Ci~ Campaign Alderman Carolynn Ioannoni provided information on this year's Crime Prevention Seminar. Alderman Carolynn Ioannoni advised of the kickoff for a Safe City Campaign; The establishment of the Mayor's Youth Advisory Committee and the Race Against Drugs to be held in mid April; she further advised that this was an attempt to make Niagara Falls a safer place to live, work and play. Lack of Police Enforcement Alderman Carolynn Ioannoni referred to the increased prostitution problems being encountered, now that the warm weather was approaching and of the difficulties encountered in the running of the John School due to the lack of police enforcement from the local police detachment. into. She was assured by His Worship Mayor Thomson that the matter would be looked Smoke-Free By-law Alderman Selina Volpatti advised that the Smoke Free By-law Public Hearing meeting was being held on March 27t' at the Region and suggested that Ms. Linda Rix be invited to address Council on the matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Ms. Linda Rix be invited to address Council on the matter. Carried Unanimously. Parent Guidin_o Meetin_o Alderman Selina Volpatti advised that a parent guiding meeting was being held at Mary Ward School on March 22nd, 2000 in order to prepare young children between the ages of 1 and 4 for school and invited everyone to attend. Boys and Girls Club of Niagara Golf Tournament Alderman Ed Michalczyk referred to the Boys and Girls Club of Niagara Golf Tournament being held on May 12, 2000 and requested that a City foursome be assembled for the golf fundraising event in support of the Boys and Girls Club of Niagara. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that a City foursome be assembled for the golf fundraising event in support of the Boys and Girls Club of Niagara. Carried Unanimously. Jr. C. Playoffs Alderman Ed Michalczyk advised that the Jr. C. playoffs were being held on Thursday, March 23, 2000 at 7 p.m. at the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR COMMITTEE-OF-THE-WHOLE Committee Room #2 March 27, 2000 Council met on Monday, Mamh 27, 2000 at 5:00 p.m. in Committee of the Whole. All members of Council, were present. Alderman Judy Orr 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 March 27, 2000 Council met on Monday, March 27, 2000 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Carolynn Ioannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Minutes of the Planning/Regular Council Meeting of March 20, 2000 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARYINTEREST Alderman Craitor indicated a pecuniary interest on Report Nos. CD-2000-09 and CD-2000-10 because he is involved with a group that conducts bingos. Alderman Michalczyk indicated a pecuniary interest on Report Nos. CD-2000-09 and CD-2000-10 because he is a member of the volunteer fire department that conduct bingo. Alderman Volpatti indicated a pecuniary interest on Report L-2000-26, because a family member is employed by the applicant; and indicated a pecuniary interest on Report PD-2000-25, because she is the Director of the company that has a contractual arrangement with the applicant. Aldermen Feren and Orr indicated pecuniary interests on casino matters from Committee-of-the-Whole. Alderman Campbell indicated a pecuniary interest on a Committee-of-the-Whole matter dealing with the Niagara Falls Secondary School because the District School Board of Niagara is his employer; and indicated a pecuniary interest on the matter dealing with the Board of Museums and the Niagara Falls Armoury, because he resides in the area of the Armoury. Alderman Wing indicated a pecuniary interest with respect to the matter dealing with the Board of Museums because of her involvement with the Niagara Military Museum and with Fralick's Tavern restoration project. DEPUTATIONS The Club Italia Ladies Auxilia~_ Ms. Sue Forcier, Club Italia Ladies Auxiliary, introduced Margarita Radice; Mary Fruci; Angela Sophia; President, Ladies Auxiliary and Leslie Sher, Manager of Development to members of Council; she provided information on the fundraising event being held on April 2~, 2000 at Club Italia in support of the Auxilliary Women's Health Centre and invited all members of Council to attend the event; she introduced Ms. Susan Zorich, Technologist, Breast Screening Centre who provided information on the Centre; reviewed the programs available through the Breast Screening Centre and thanked Council for their support.. His Worship Mayor Thomson congratulated and thanked all the attendants for their presentation. Board of Museums Ms. Klm A. Bubnick, Treasurer, Board of Museums provided information on the newest Board of Museums initiatives, a volunteer membership and the first newsletter. She advised that this initiative was designed to build a corps of volunteers that would support present and future fund raising efforts and to draw tourists and local visitors; she advised that it was the Board's intention to revitalize the Lundy's Lane Historical Museum building expansion plans and forge ahead to make it a reality in time to commemorate the War of 1812 Bi-Centennial; indicated that the Lundy's Lane Historical Museum needs to have the moral and financial support of Council to make the Niagara Falls Board of Museums' vision of expanding the Lundy's Lane Historical museum a reality and requested that this can be accomplished by the City of Niagara Falls while it is also focussing its attention on the acquisition of the Niagara Falls Armoury and the restructuring of Fralick's Tavern. Following the presentation, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the matter be referred to staff for a further report. The motion Carded with Aldermen Campbell and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. REPORTS PD-2000-25. Chief Administrative Officer- Re: Objection to OPA No. 26 - Height Policies; Solicitor: John Inglis, Re: Dicosimo; Objection to O.P. Amendment No. 26 - Peer Review Policies; Solicitor: John Broderick, Re: Red Wood Hospitality; and Modification to O.P. Amendment No. 26 - Map Changes. The report recommends the following: That the objection to the City's 30-storey height limit be acknowledged by way of deferral of the DiCosimo property from the 30-storey height limit set out in policy 4.4.3 and that a new policy be added to the Plan to provide a basis for considering Official Plan amendment applications for greater building heights subject to proper planning justification; 2. That the objection to the City's Peer Review policies be received and filed; o That Schedule A and Schedule F be modified as shown on the attached maps in keeping with Council's decision to establish a portion of Fern/Street as a medium- rise-rather than a Iow-rise Tourist Commercial district; 4. That the Region be requested to approve OPA No. 26 as modified. - AND - Communication No. 63. McCarthy Tetrault. Re: Proposed Modifications to Official Plan Amendment 26. The communication advises as being in support o the recommendations put forth by the Planning Department. His Worship Mayor Thomson received indication that Mr. John Broderick was in attendance to address Council. Mr. John Broderick advised that he and his client were in total agreement with the pro support stance of Council regarding development in the City; he reviewed the peer review process and requested that Council leave out reference to the Architectural Peer Review and build into the comprehensive building by-law all of the requirements needed in order to bring about the desired quality of development in the municipality. The Director of Planning & Development provided clarification on the issue of advisory committees, the role and functions of a municipal plan under the Planning Act; advised that Council had defined clear, built-form objectives in terms of scale and massing of building and have set out the mechanisms on which development applications will be reviewed, being the peer review process. The City Solicitor provided clarification on the question of legality on the issue of peer review and advised that when the OPA 26 is approved by the Region as adopted by Council, that it will have the force of law. In response to questions raised, the Director of Planning & Development advised that the Niagara Parks had participated extensively to assist in the preparation of Urban Development guidelines for the tourist core and were in favour of promoting high quality development and supported the notion of peer review, which provided a mechanism that Council can use for advice when considering building design guidelines. Mr. Donald May was in attendance on behalf of the Yerich property, and advised that his client was awaiting finalization of OPA 26 in order that there be closure on the matter and expressed support of OPA No. 26. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Orr and Wing voting contrary to the motion; and Alde~)an 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 Pietrengelo, seconded by Alderman Michalczyk, that the correspondence be received and filed. Carried Unanimousl_v. PD-200-36 - Chief Administrative Officer- Re: Application for Site Plan Approval; 3241 Montrose Road; Proposed 24-Unit Townhouse. The report recommends that Council approve the site plan for a proposed 24-unit townhouse at 3241 Montrose Road. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimousl_v. MW-2000-32. Chief Administrative Officer- Re: Asphalt Patching Contract 2000-04. The report recommends that the unit prices submitted by the Iow tenderer, Stephens & Rankin /nc., be accepted and the by-law be passed. ORDERED on the motion of AIdefi~an Fisher, seconded by Alderman Pietrengelo, that the report be received and adopted. Carried Unanimousl_v. See By-law No. 2000-69 MW-2000-33- Chief Administrative Officer-Re: Brookfield Avenue, Garden Street, High Street & Industrial Strcct Watermain Replacement; Contract 2000-185-99. The report recommends that the unit prices submitted by the Iow tenderer, Volsci Construction Co. Inc. be accepted and the by-law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Car~ed Unanimousl. v. See By-law No. 2000-70 CD-2000-08 - Chief Administrative Officer- Re: 2000 AMO Convention Additional Delegates. The report recommends that Council select additional delegates to the 2000 AMO Convention and appoint them as voting delegates. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Ioannoni, that the report be received and adopted; and further that staff contact the Visitor & Convention Bureau to set up an Exhibitors. booth and that Niagara Falls be considered for future conventions. The motion Carried with Alderman Orr voting contrary to the motion. CD-2000-09 - Chief Administrative Officer- Re: 1999 Bingo Totals. The report recommends that this report be received for the infof,,ation of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the report be received and filed. The motion Carried with Alde~r~en Craitor and Michalczyk abstaining from the vote on con#icts of interest previously noted and with all others voting in favour. CD-2000-10 - Chief Administrative Officer - Re: Changes to Bingo Policy, Friday/ Sunday Late Night Time Slot. The report recommends the following: That the trial period for the Friday and Sunday late night time slot be extended to May 31, 2000; That a promotion be approved for Bingo Country and the Delta Monte Carlo for the Friday and Sunday late night bingo time slot, that include either a reduced book price or a reduced price on a package of special game, s; 3. That the bingo policy be amended temporarily to allow for these changes. ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Fisher, 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. L-2000-26 - Chief Administrative Officer - Re: Sign Permit Applications; Marriott Courtyard - 5950 Victoria Avenue. The report recommends that Council approve two sign permit applications at 5959 Victoria Avenue for the Marriott Courtyard as shown on the attached schedules "A" and "B". ORDERED on the motion of Alderman Ioannoni, 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 ali others voting in favour. RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS 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 approved. That the Agreement between the City of Niagara Falls and 158739 Canada Inc. with respect to lands on Lundy's Lane being 100 acres, that the agreement be extended for a further 12 months ending on March 29, 2001, provided that should the conditions not be fulfilled for any reason, the $50,000 deposit together with interest not be refundable and further that the agreement be extended for a further 12 months past 2001, in the event there is an appeal to the OMB or to the courts. See By-law No. 2000-71 Notice of Motion for Lead to Appeal from 697578 Ontario Ltd., with respect to the OMB Decision in the Hotel Europa matter, that the City Solicitor be authorized to oppose the Lead to Appeal. Carried Unanimously. RESOLUTIONS NO. 07 - VOLPATTI - FISHER - WHEREAS on October 7, 1996, ;Niagara Falls City Council passed ResolutionlNo. 96-52, requesting the Provincial government reconsider its decision to close the Niagara Detention Centre and replace it with a "Super Jail" which would be located outside of the Niagara Region; and WHEREAS an accompanying letter was sent to the, then, Solicitor General and Minister of Correctional Services, Bob Runciman, reiterating Council's opposition; and WHEREAS for whatever reason, after maintaining the status quo, the Province is once again going ahead with their plans from 1996 to close the Niagara Detention Centre; and WHEREAS the same arguments used in 1996 against closure of the Detention Centre still apply; THEREFORE BE IT RESOLVED that the current Minister of Correctional Services, Rob Sampson reconsider the closure of the Niagara Detention Centre; and FURTHER BE IT RESOLVED that this resolution be forwarded to all municipalities within the Region and to other larger municipalities. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 2000-69 A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. respecting the 2000 Asphalt Patching - City-Wide. 2000-70 A by-law to authorize the execution of an agreement with Volsci Construction Co. Inc., respecting watermain replacement on Brookfield Avenue, Garden street, High Street and Industrial Street. 2000-71 - 6 - A by-law to authorize the execution of an agreement with 158739 Canada Inc., regarding the purchase and sale of property on Lundy's Lane. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 200069 A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. respecting the 2000 Asphalt Patching - City-Wide. 2000-70 A by-law to authorize the execution of an agreement with Volsci Construction Co. Inc., respecting watermain replacement on Brookfield Avenue, Garden street, High Street and Industrial Street. 2000-71 A by-law to authorize the execution of an agreement with 158739 Canada Inc., regarding the purchase and sale of property on Lundy's Lane. Carried Unanimously. Get Well Wishes NEW BUSINESS His Worship Mayor Thomson requested that get well wishes be forwarded to Ed Lustig, Chief Administrative Officer with the City, on his recent surgery. Thank you His Worship Mayor Thomson thanked everyone on behalf of the Thomson family for donations in the amount of $7,000 to the Greater Niagara General Hospital Everyday Fund in memory of his father, Stan Thomson. Get Well Wishes Alderman Shirley Fisher requested that get well wishes be forwarded to Ms. Bea Punch, Crossing Guard Supervisor, on her recent surgery. House Demofition Order Alde.t~an Shirley Fisher requested the status on the derelict house located on Cleveland and Dixon. She was informed that an Order had been issued to have the house demolished in 21 days. Blue Recycling_ Boxes Alderman Shirley Fisher referred to the rough handling of the blue recycling boxes which lead to broken and damaged boxes and requested that the matter be looked into. She was advised by the Director of Municipal Works that staff would look into the matter and further advised that a pilot program was being considered to have clear blue bags used for recycling instead of the blue boxes. - 7 - Closure of the Thorold Detention Centre Alde,~an Se/ina Volpatti referred to the issue of the Thorold Detention Centre being slated to close in 2003; advised that the Centre provided many jobs throughout the community with a volunteer base of 160 individuals; she also addressed the issue of Mega Jails where inmates would be "warehoused"to other communities, expressed her concerns that those inmates would be without proper rehabilitation programs and without the support of their families and their communities; she commented that the privatization of jails would be of no benefit to the community or the inmates and that it would be a profit driven venture. She requested that a resolution be forwarded to the Federal Government expressing Council's strong opposition to the closure of the Thorold Detention Centre and of the government's decision to build superjails and the privatization of jails; she further requested that the resolution be forwarded to all the municipalities within the Region and other large municipalities. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a resolution be forwarded to the Federal Government expressing Council's strong opposition to the closure of the Thorold Detention Centre and to the government's decision to build superjails and to the privatization of jails; and further that the resolution be forwarded to all municipalities within the Region and other larger municipalities. Carried Unanimousl. v. Bod_v Rub Parlours and Police Enforcement Alderman Victor Pietrangelo referred to the issue of body rub parlours and police enforcement. He suggested that the Police Chief, Niagara Regional Police be invited to an upcoming Council meeting to address the issue of the levels of enforcement in our community. ORDERED on the motion of Alderman Pietrengelo, seconded by AIde~r~an Ioannoni, that the Police Chief, Niagara Regional Police be invited to an upcoming Council meeting to address the issue of the levels of enforcement in our community. Carried Unanimously. Letter of Condolence ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool that a letter of condolence be forwarded to John Bedard of Northend Towing, on the recent loss of his wife, Kathleen. Carried Unanimously. Millennium Clock Reminder Alderman Paisley Janvary-Pool provided a reminder that the deadline to place names on the Millennium Clock plaques was Friday, March 31,t, 2000 and encouraged everyone to participate. Construction of Parkino_ Lot ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the matter dealing the construction of a parking lot on a residential property at Crawford Street and Longhurst be referred to staff. Ca~ed Unanimously. Women's Hockey Championsh[os Alderman Kim Craitor advised that the Women's Championship Hockey event was being held on April 4th, 2000 at the Niagara Falls Memorial Arena and invited everyone to attend. Winter Sanding Alderman Kim Craitor requested that a report be provided from Municipal Works staff on the matter of having too much sand in the sand/salt mixture that is used during the winter months. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, Wayne Thomson, Mayor I I I ; I I] III1~ [ TENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 April 3, 2000 Council met on Monday, April 3, 2000 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 t'3e items presented, the Committee of the Whole rose to report in open session. READ AND ADOPTED, WAYNE THOMSON, MAYOR REGULAR MEETING Council Chambers April 3, 2000 Council met on Monday, A~,ril 3, 2000 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 Pray.~r. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the Minutes of the Regular Council Meeting of March 27, 2000 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F-2000-16, Cheque Nos. 250661;250845; 250773 and 250717 because a member of his family is employed by the Region. Alderman Michalczyk indicated a pecuniary interest on Report F-2000-16, Cheque No. 250849, because of his ongoing investigation and lawsuit and indicated a pecuniary interest on the matter dealing with the Firefighters issue from Committee-of-the-Whole, because he is a volunteer firefighter. Alderman Wing indicated a pecuniary interest on Report F-2000-16, Cheque No. 250819 because she is an Officer of the Foundation. - 2 - DEPUTATIONS pedicab Service Steve Bamforth and Marc Nevestuk, owners and operators of the King's Royal Footmen, provided a brief business proposal regarding a short-distance, novelty pedicab transportation service for the City of Niagara Falls; thanked members of Council for considering their proposal and requested a firm commitment from Council to their proposal. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the matter be referred to staff for a further report. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in favour. 5834 Buchanan Avenue Site Plan Mr. Guy Ungaro, Solicitor, requested through correspondence, that the matter dealing with a site plan for 5834 Buchanan Avenue be deferred until April 10, 2000. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson referred to a recent news article and concerns expressed regarding the installation of a large sign on the Q.E.W. and Thorold Stone Road and requested that a letter be forwarded to the Ministry and the Department of Highways to obtain further information on the matter and whether this would be a temporary or permanent installation of the sign. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that a letter be forwarded to the Ministry and the Department of Highways in order to obtain further information on the matter and whether this would be a temporary or permanent installation of the sign. Carried Unanimously. COMMUNICATIONS Communication No. 64 - Port Colborne - Re: Shipbuilding Policy for Canada. The communication requests that Council support a recommendation that the City of Port Colborne supports the efforts of the Canadian Committee on Shipbuilding and Policy towards initiating a new and relevant shipbuilding policy for Canada and the Canadian Committee on Shipbuilding and Policy. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the request be supported. Carried Unanimously. Communication No. 65 - County of Elgin - Re: Maintenance Guidelines for Municipal Drains. The communication requests that Council support of a legal opinion advising that the Department of Fisheries & Oceans has no jurisdiction under the Fisheries Act to regulate, issue guidelines, or expand public funds on matters pertaining to drainage works constructed under the Drainage Act, unless those drains are natural watercourses; and further, that municipal drains constructed as improvements to natural watercourses are subject to a shared jurisdiction; and that the Department of Fisheries & Oceans has a legitimate interest in the conservation of natural resources for the benefit of society as a whole; and that the municipality has a legitimate interest in the property rights of its ratepayers, which constitutes the public interest. II I ~ I I Il I I 1 · I I ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the request be supported. Carried Unanimously. Communication No. 66 - Alderman Shirley Fisher - Re: Council Representative to the YWCA Board. The communication advises that due to an ever-increasing workload, her schedule does not permit for her to continue to sit on the YWCA Board as Council Representative. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the communication be received and filed and that the matter be deferred in order to allow members an opportunity to review the Schedule. Carried Unanimously. REPORTS PD-2000-37 - Chief Administrative Officer - Re: Application for Site Plan Approval; 5997 Buchanan Avenue & 6004 Stanley Avenue; Proposed 10-Storey Hotel. The report recommends that Council approve the site plan for a proposed 10-storey hotel on the west site of Buchanan Avenue. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD-2000-39 - Chief Administrative Officer - Re: Application for Site Plan Approval; 8700 Lundy's Lane; Proposed Body Rub Parlour. The report recommends that Council approve the site plan for a proposed body rub parlour at 8700 Lundy's Lane. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the matter be deferred for input from the Lundy's Lane Business Improvement Area. Carried Unanimously. PD-2000-40 - Chief Administrative Officer - Re: 1999 Housing Monitoring Report, Executive Summary, Land Supply. The report recommends that this report be adopted and distributed to the Ministry of Municipal Affairs, and Housing and the Regional Niagara Planning Department, and also be made available to the public and development community. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the March 20, 2000 Community Services Committee Minutes; O'Neil Street at Marlborough Place - Removal of Ail-Way Stop Review - that the All- Way Stop at O'Neil Street at Marlborough Place remain and that the Police be requested to enforce such stop sign; and that staff begin proceeding with investigating the possibility of installing speed humps in this area, and that public meetings be held with area residents on this matter; and that a verbal report be provided in one month to the Community Services Committee and that a written report be provided to the Community Services Committee in three months' time; MW-2000-34 - 2000 Parking Operating & Capital Budgets - that the budgets be endorsed and forwarded to Council for approval; R-2000-20 - Proposed Computer Software Program - that the purchase of the Cemetery 2000 Computer Software Program from Municipal Associates at a cost of $24,100.00 be approved; F-2000-16 - Municipal Accounts that the Municipal Accounts totalling $2,886,435.72 for the period ending April 3, 2000 be approved - Aldermen Craitor, Wing and Michalczyk - conflicts; o Request for Funds - Childrens' Discovery Centre of Niagara - that the request be received and filed; Request for Sponsorship Re: Distelmeyer Skating School - that the request for sponsorship for the Distelmeyer Skating School be approved; Niagara Falls Crime Prevention & Tourism Safety Conference - that the information be received on the Niagara Falls Crime Prevention & Tourism Safety Conference scheduled to be held from April 26th to April 28th, 2000 inclusive at the Ramada Renaissances Hotel; 9. New Business: Approval of a new agreement with the Montrose Hotel with regard to their local improvement payments. The motion Carried with Aldermen Craitor, Michalczyk and Wing abstaining from the vote on Report F-2000-16 on conflicts of interest previously noted; and Alderman Puttick voting contrary to the motion with respect to Police enforcement dealing with the Ali-Way Stop at O'Neil Street and Marlborough Place and with all others voting in favour. See By-law No. 2000-72 See By-law No. 2000-7§ Kiss and Ride Program Ms. Marzenna Carrick, Traffic Supervisor, Parking & Traffic and Mr. John Grubich, Parking & Traffic, were in attendance to address the Kiss and Ride Program; Ms. Carrick introduced Mr. Peter Mema, Principal, Mary Ward School; Mr. Michael Ditson, Chairman, Mary Ward School Council; Ms. Eisa Muraldo, Notre Dame School, Safety Committee, Chair; Ms. Lynn Stranges, Notre Dame School, On-Site volunteer; and Mr. Pat Mallaley, Notre Dame School, On-site volunteer; she reviewed the program through a slide presentation and advised that the program would provide one method of handling a number of students being transported to school during a short period of time and reduce vehicular congestion in front of schools; discussions were held on the traffic safety problems encountered; the basic principles and benefits of the program were reviewed and Council was requested to endorse the Kiss and Ride program. Mr. Pat Mallaley, Notre Dame School, provided clarification on their experience with the Kiss and Ride Program. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that Council endorse the Kiss and Ride Program. The motion Carded with Aldermen Campbell, Pietrangelo and Wing abstaining from the vote on conflicts of interest and with all others voting in favour. L-2000-28 - Chief Administrative Officer - Re: Transfer of Easement to Niagara Falls Hydro-Electric Commission. The report recommends that Council authorize a Transfer of Easement to Niagara Falls Hydro-Electric Commission to permit the use of Part 1 on Reference Plan No. 59R-10995 between Portage Road and Drummond Road for its purposes, for nominal consideration. II I ~1 i II I[11' I I ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-73 L-2000-29 - Chief Administrative Officer - Re: Establishment of Road Widenings and Daylighting Triangle as Public Highways; Ellen Avenue and Rysdale Street. The report recommends the following: That Parts 1 to 4 on Reference Plan No. 59R-10895, shown on the plan attached, be established as a public highway, to be known as Ellen Avenue; 2. That Part 1 on Reference Plan No. 59R--10962, shown on the plan attached, be established as a public highway, to be known as Rysdale Street. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-72 RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the actions taken in Committee-of-the-Whole earlier this evening be approved: That Council extend to our firefighters, during the present OMERS Window, which will expire on December 31, 2001, the Health Benefits package, as an early retirement incentive. Carried BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 2000-72 A by-law to establish Parts 1 to 4 on Reference Plan No. 59R-10895 and Part 1 on Reference Plan No. 59R-10962, as public highways, to be known as and to form part of Ellen Avenue and Rysdale Street, respectively. 2000-73 A by-law to authorize a Transfer of Easement in Favour of Niagara Falls Hydro-Electric Commission over Part 1 on Reference Plan No. 59R-10995. 2000-74 A by-law to amend By-law 79-200, as amended. (Re: AM-28/99, Calaguiro Subdivision) 2000-75 A by-law to authorize monies for General Purposes (April 3, 2000) The motion Carded with Aldermen Craitor, Michalczyk and Wing abstaining from the vote on By-law No. 2000-75 on confiicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 2000-72 A by-law to establish Parts 1 to 4 on Reference Plan No. 59R-10895 and Part 1 on Reference Plan No. 59R-10962, as public highways, to be known as and to form part of Ellen Avenue and Rysdale Street, respectively. 2000-73 A by-law to authorize a Transfer of Easement in Favour of Niagara Falls Hydro-Electric Commission over Part 1 on Reference Plan No. 59R-10995. 2000-74 A by-law to amend By-law 79-200, as amended. (Re: AM-28/99, Calaguiro Subdivision) 2000-75 A by-law to authorize monies for General Purposes (April 3, 2000) The motion Carried with Aldermen Craitor, Michalczyk and Wing abstaining from the vote on By-law No. 2000-75 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Regional Road Transfers Alderman Ed Michalczyk questioned the issue of Regional Road transfers and expressed concerns with respect to the condition of Portage Road in Chippawa and he was advised there were investigations being held regarding the downloading into all municipal roads. The Director of Municipal Works advised he would be contacting the Region with respect to the matter. Condition of Walkway on Weightman Bridge Alderman Shirley Fisher requested that the condition of the walkway on Weightman Bridge in Chippawa also be looked into. Letter of Congratulations Alderman Ed Michalczyk requested that a letter of congratulations be forwarded to the Chippawa Jr. C's on their recent championship win. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that a letter of congratulations be forwarded to the Chippawa Jr. C's on their recent win. Carried Unanimously. Stair Climb for Cancer Alderman Carolynn Ioannoni advised that April was Cancer Month and invited everyone to participate in the Stair Climb for Cancer on Saturday, April 8, 2000. Il I ~ ; I [] I[ll I I ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, Wayne Thomson, Mayor ELEVENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2A April 10, 2000 Council met on Monday, April 10, 2000 at 6:15 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Michalczyk, were present. Alderman 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, WAYNE THOMSON, MAYOR DISCLOSURES OF PECUNIARY INTERESTS Alderman Volpatti indicated a pecuniary interest on Report PD-2000-44, because the company she is involved with has a contractual agreement with the applicant. Alderman Wing indicated a pecuniary interest on Report R-2000-21, because a family member is competing in the festival. Alderman Campbell indicated a pecuniary interest on the Deputation dealing with Education month and on Report R-2000-21, because the Niagara District School Board is his employer. Alderman Fisher indicated a pecuniary interest on Report R-2000-21, because a family member is involved in the festival. PLANNING MEETING Council Chambers April 10, 2000 Council met on Monday, April 10, 2000 at 7:00 p.m. for the purpose of considering Planning/Regular Business matters. All members of Council, with the exception of Alderman Michalzcyk, were present. Alderman Victor Pietrangelo offered the Opening Prayer. DEPUTATIONS Ms. Franca Moss, Principal, A.N. Myer School, advised that during the month of April, being Education month, will provide an opportunity to focus and celebrate the excellence of our public education system; provided a brief summary of the achievements of Chris Pang, a student who had been nominated by staff to be a co-finalist for the Excellence for Education Award; she introduced Chris Pang who provided an overview of the upcoming events and invited everyone to attend the events during Education Month. Mr. Lorne Gretainger, Vice President, Princess Margaret School, advised that the month of April would provide an opportunity to focus on Lively Arts and Physical Education activities and introduced Shelley Murphy, who provided an update on the achievements of Princess Margaret School and invited everyone to participate in the events during Education month. Following the discussions, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the month of April be declared Education Month in the District School Board of Niagara. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. His Worship Mayor Thomson thanked the participants for their attendance and presentations. Hotel Dieu Hos_Dital Ms. Susan Bogdanski, Manager, Perithoneal Pre-Dialysis and Transplant, Hotel Dieu Hospital, provided information on an "Organ Donor Awareness Night" on April 27, 2000 at White Oaks Conference Resort & Spa, being sponsored by Hotel Dieu Hospital. She advised that the goal of the evening was to heighten organ donor awareness and introduced Dr. Anthony Broski, Director of Renal Transplant, who provided infom-~ation with respect to organ donations; addressed the issues dealing with organ donor awareness; distributed organ donor cards and encouraged everyone to attend this informative session. His Worship Mayor Thomson thanked the participants and wished them well in their endeavours. PLANNING MATTERS PD-2000-45 - Chief Administrative Officer - Re: Zoning By-law Amendment Application and AM-0612000, Rudan Holdings Limited; Northwest corner of Stanley Avenue & Dunn Street; G. Radojic - Agent. The report recommends the following: That Council approve the Zoning By-law amendment application which is requested to permit the construction of a 30-storey hotel with 246 rooms and 65 suites; That the amending By-law be prepared in accordance with Section 37 of the Planning Act to ensure that alt street frontages are improved including sidewalks, street trees, street furniture and landscaping; That the applicant be required to address the recommendations of the Architectural Peer Review panel at the time of Site Plan Approval. - AND - Communication No. 67 - Niagara Peninsula Conservation Authority. communication advises as having no objection to the application. The - AND - Communication No. 68 - Regional Niagara, Planning and Development Department. The communication advises as having no objections to the 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 the Regulations on Mamh 10, 2000. His Worship Mayor Thomson received indication that Mr. G. Radojcic, Solicitor, 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 Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report: advised that the proposal was within the intent and purpose of the City's new tourism policies and was in compliance with the Architectural Peer Review panel; he indicated that staff were recommending approval of the application subject to the conditions as outlined in the 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 negative response in opposition to the application. Mr. Radojcic provided a brief overview of the proposal and advised that it addresses many of the issues in accordance with the plan; stated that the new rendering deals with the massing of glass and the amhitectural separation of the windows and streetscape and informed that a video and C.D. would be made available for viewing through the Clerk's Department. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-06/2000 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 Feren, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. PD-2000-44 - Chief Administrative Officer - Re: Zoning By-law Amendment Application for Site Plan Approval; AM-1012000 & SPC-14/2000, 6361 Buchanan Avenue and Lands on the West Side of Allendale Avenue; 876891 Ontario Limited (John Broderick - Agent) Proposed Off-Site Parking for the Hilton Hotel. The report recommends that Council approve this application to relocate on-site parking required by the Zoning By-law for the Hilton Hotel to be provided off-site on the lands located on the west side of Allendale Avenue ("the Allendale lands") conditional upon: 1) That the Allendale lands being zoned Parking (P) by way of a temporary use by-law and linked through the amending by-law and site plan agreement to the hotel lands; 2) That the site plan agreement and amending by-law include a clause requiring the owner or occupant to construct a parking structure on the hotel lands, that will provide all of the required parking for the hotel development, should the licence between the owner and the Ontario Hydro Networks Company Inc., be cancelled within 90 days of the cancellation of the licence; 3) That the site plan agreement contain clauses that address the following matters: (i) that 876981 Ontario Limited agr ~.e to provide the landscaping plans and to implement the streetscaping of the boulevards of the Allendale lands be landscaped in accordance with :he Streetscape Master Plan if the parking lots are in existence for more th,~n five years; (ii) that 876981 Ontario Limited pa',e the parking lots with asphalt and provide a storm drainage system if the p~rking lots are in existence for more than five years and if municipal storm se~ers have been constructed; that 876981 Ontario Limited prc~,ide landscape screening of the temporary on-site parking and that details of this landscaping will be finalized to the satisfaction of the Director of Parks, Recreation & Culture within 90 days of this approval; (iv) that sufficient securities be ch;posited by 876981 Ontario Limited to guarantee to above-noted work.'~; 4) that 876981 Ontario Limited apply for an~i obtain a consent for an easement of right- of-way from the owner of the Liberty In:~ lands for a parcel of lands along the east property line of the Liberty Inn lands so as to provide an exit path of travel from an exit of the Hilton Hotel; 5) that 876981 Ontario Limited deposit sull~icient security to guarantee the cost of the sanitary sewer extension along Murra~ Street. - AND - Communication No. 69 - Mr. T. Szucs-Curti~.:. The communication expresses concerns regarding the proposed application. - AND - Communication No. 70 - Regional Niagara objections to the application. The communication advises as having no 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 the Regulations on March 21, 2000. His Worship Mayor Thomson received indication that Mr. John Broderick, 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. - 5 - The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed tl~ information contained in the Recommendation Report; referred to a 10-foot landscape sti'!~ with 6-fo°t closed-board fencing between the parking lots and the abutting land uses; he advised the parking lots would be gravel, due having no storm sewers in the area, and advised that should the parking lot exist beyond five years, it should be paved and that a proper storm drainage system be provided, if municipal storm sewers have been constructed. In response to questions raised, the Director of Planning and Development advised that the temporary use parking by-law would be reviewed every three years to determine whether there were any problems. 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. Ms. Rosie Bsrillari, who was in attendance on behalf of her mother, Mrs. Nancy Barillari of 6056 Grey Avenue, expressed opposition to the proposal as a specific parking site at Parcel #3 and linked to Parcel #1; she expressed concerns that Parcel #3 sits in the middle of a quiet residential area, where the majority of residents are seniors; she referred to the heavy traffic flow; fumes from buses and vehicles; dust from the gravel in the area; the glare from the parking lot lights and of the greater risk for vandalism. Mr. Thomas Szucs-Curtis, 5669 Robinson Street, expressed environmental and health concerns dealing with the fumes that would be emitted from the vehicles in the parking lot. Mr. Vincs Baldo, 6050 Grey Avenue, expressed strong opposition to the application; addressed the issue of dust generated from the gravel parking lot and indicated that he did not wish to have a parking lot in his neighbourhood; suggested that the applicant build an indoor parking structure and requested that Council reject the present proposal Mr. John Broderick advised that the applicant was in support of sta~s recommendation report and that the application was in conformity with the City's parking requirements; provided information with respect to landscape screening with the construction of a 6 foot high fence with a 10 foot setback; advised there would be no bus parking in Parcel #3 area and requested that Council approve the proposal. In response to discussions with respect to the construction of an on-site parking structure within a 3-5 year limit, Mr. Broderick indicated that this issue was a requirement under the site plan agreement and advised the time limit would be acceptable. His Worship Mayor Thomson indicated that he wished to be involved in the site plan process and encouraged other interested individuals to be involved in the site plan process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-10/2000 closed. Following Alderman Wing's request for a Recorded Vote, it was ORDERED on the motion of Alde~¥~an Puttick, seconded by Alde[¥~-~an Feren, that the report be received and adopted as amended to reflect that Recommendation #1 be amended to indicate that the Allendale lands being zoned Parking (P) by way of a temporary use by-law and linked through the amending by-law and site plan agreement to the hotel lands. The motion Carried with Aldermen Orr and Wing voting contrary to the motion; Mayor Thomson and all others voting in favour; and Alderman Volpatti abstaining from the vote on a conflict of interest previously noted. -6- ORDERED on the motion of Alder[~han Fisher, seconded by Alderman Feren, that the communications be received and filed. Cerried Unanimously. PD-2000-38 - Chief Administrative Officer - Re: Recine Court Draft Plan of Subdivision; File: 26T-11-2000-12; Rodilio Recine; Donato Colangelo, Agent. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Recine Court Draft Plan of Subdivision. - AND - Communication No. 71 - John Mikulcic Construction Ltd. The communication expresses concern with respect to the management of storm water. 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 the Regulations on March 24, 2000. His Worship Mayor Thomson advised that the purpose of the Public Meeting was to receive information and to provide an opportunity for public comments on the proposal; and that no decision would be made at this meeting. He further advised that once all comments had been received, the Planning & Development Department would prepare a recommendation report to Council at a future meeting. His Worship Mayor Thomson received indication that Mr. Donato Colangelo, was in attendance to address Council. 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. Colangelo reviewed the proposal and advised that the site was presently zoned Development Holding and the applicant was requesting a zoning change to Residential Single Family classification to permit the proposed subdivision. The Deputy Director of Planning and Development provided a brief outline of the subject lands with the assistance of posted sketches. Mr. Eric Henry, Developer, Orchard Grove Subdivision, expressed concerns with respect to the proposed plan of subdivision dealing with storm water management; and referred to an Engineering report which indicated that Orchard Grove subdivision could not accommodate any more water capacity and requested that this matter be considered. There was a negative response to Mayor Thomson's request for comments from individuals that were interested in the application. Mr. Colangelo advised that the applicant had retained an Engineering firm that would be investigating the issue of drainage problems and storm water management. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Recine Court Draft Plan of Subdivision matter, closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. - 7 - ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously. PD-2000-41 - Chief Administrative Officer - Re: Cash-in-lieu of Parking Agreement between The Corporation of the City of Niagara Falls and Ms. Helen Furman, of the property municipally known as 5834 Buchanan Avenue. The report recommends that the request by Helen Furman to relieve the property located at 5834 Buchanan Avenue from the parking provisions set out in Zoning by-law 79-200, not be approved by Council, having regard to the City's Policies and Procedures for Cash-in-lieu of Providing Parking Spaces" set out in this report. His Worship received indication that Mr. Guy Ungaro, Solicitor was in attendance on behalf of the applicant to address Council. Mr. Guy Ungaro referred to an attempt to obtain an interpretation of the section of the By-law dealing with the 180 days licence eligibility requirements; he requested that Council expand the By-law to interpret it to mean that 180 days is exclusive of any time lost in an application for building permits or site plan approvals. He advised that the primary concern was that his clients and other applicants be given fairness as to the time periods involved in the By-law for licence eligibility Mr. Ungaro referred to the concerns of the neighbours and indicated this was not a morality issue, that the property for the proposed massage parlour was properly zoned and was within the Provincial regulations; he was of the opinion that a decision should be made on a logical basis and not on an emotional basis. The City Solicitor provided clarification on the by-law which sets out the 180-day eligibility requirements and stated that this was a firm time period established in the By-law with no flexible timeframe. The City Solicitor advised that as the Solicitor for the applicant had addressed the issue of the cash-in-lieu policy, it would be in order for Council to hear any residents who wished to address Council with respect to any impact or any revitalization issues. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, to the application. Mr. Juris Scalde, expressed concerns regarding parking issues and stated there would not be enough parking in the area once the tourist season began. Mr. Guy DeBenedetti, expressed his opposition to the application due to the problems that would be encountered due to the overflow of traffic from the tourist area to the residential area; expressed safety concerns for the elderly and young families with children because of the volume of traffic; he was of the opinion that this type of establishment would not revitalize the area and that it would have a major impact on the area; he advised that the residents and the local businesses in the area were in support of staff's recommendations. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD-2000-42 - Chief Administrative Officer - Re: Appeal to Zoning By-law No. 2000-59, City File: AM-0112000, 7190 Morrison Street; Walmart Plaza; First Niagara Development Ltd. The report recommends that Council reaffirm, by resolution, the passing of By-law No. 2000-59 and staff proceed to submit the appeal to the Ontario Municipal Board. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion and with all others voting in favour. See Resolution No.08 PD-2000-46 - Chief Administrative Officer - Re: Site Plan Approval; SPC 21199; Expansion of Sheraton Fallsview Hotel. The report recommends that Council approve the Site Plan for the proposed expansion to the Sheraton Fallsview Hotel. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the Minutes of the Regular Council Meeting of April 3, 2000 be adopted as printed. Carried Unanimously, MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Best Wishe~ His Worship Mayor Thomson requested that best wishes be forwarded to Alderman Ed Michalczyk and his wife Tina on the recent birth of their daughter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that best wishes be forwarded to Alderman Ed Michalczyk and his wife Tina, on the recent birth of their daughter. Carried Unanimously. Stair Climb for Cancer ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary-Pool, that a letter of congratulations be forwarded to Gary Hendershot and his committee for the Stair Climb for Cancer event, held on April 8, 2000. Carried Unanimously. Ontario Casino Corporation Reciprocal Agreement His Worship Mayor Thomson distributed correspondence from the Chief Administrative Officer to the Ontario Lottery and Gaming Corporation clarifying the reciprocal agreement between the City and the Ontario Lottery Corporation. Niagara Reu_ion Governance Review Report His Worship Mayor Thomson advised that the Berkeley Consulting Group's Niagara Region Governance Review Final Report would be made public on April 11, 2000 and indicated that the report would provide an opportunity to refer to staff and to prepare for public input. COMMUNICATIONS Communication No. 72 - The Municipality of Centre Hastings - Re: Ontario Regulation 285199 - Taking of Water Permits. The communication requests that Council support of a resolution requesting the Province of Ontario and the Ministry of the Environment to change the Regulations so that the Director must consult local Municipalities and Conservation authorities before issuing major water taking permits. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. Communication No. 73 - Adam M. Buller - Re: Permit. The communication requests that Council grant him a permit to play a musical instrument anywhere in the tourist area. ORDERED on the motion of Alderman Voipatti, seconded by Alderman Pietrangelo, that the request be denied. Carried Unanimously. REPORTS R-2000-18 - Chief Administrative Officer - Re: 2000 Parks and Athletic Fields Schedules. The report recommends that the Schedules for Special Events and Regular Use of Parks, Athletic Fields, and School Grounds, be approved by City Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. R-2000-21 - Chair, Arts and Culture Commission - Re: Grant for Kiwanis Music & Dance Festival of Niagara Falls. The report recommends that Council approve a grant in the amount of $750 for the Kiwanis Music & Dance Festival of Niagara Falls. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Campbell, Fisher and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the following actions taken at the Municipal Parking & Traffic Committee on March 28, 2000 be approved: 1. School Safety - Kiss & Ride Program - that the Kiss & Ride Program be endorsed; MW-2000-28 - 2000 Parking Operating and 2000 Parking Capital Budgets - that the '2000 Parking Operating and 2000 Parking Capital Budgets' as presented by staff, be endorsed and forwarded to the Corporate Services Committee for approval. MW-2000-22 - Heximer Avenue at Margaret Street; Update Report on Traffic Conditions: It is recommended that: 1) That an all-way stop control not be installed at the intersection of Heximer Avenue and Margaret Street; 2) That the "school crossing" and "crossing ahead" signs on Heximer Avenue between Dunn Street and Margaret Street be removed; 3) That a "school area" sign be installed on Hexirher Avenue south of Margaret Street facing northbound motorists; 10- 4) 4) That a "school area" sign be installed on Heximer Avenue south of Dunn Street facing southbound motorists; 5) That the existing "no parking" restriction on the west side of Heximer Avenue from Dunn Street to a point 75 metres south of Dunn Street be revised to "15 minute parking, anytime between 8:00 a.m and 4:30 p.m., Monday to Friday" 6) That the existing "no parking" restriction on the east side of Heximer Avenue from Dunn Street to a point 120 metres south of Dunn Street be revised to "15 minute parking, anytime between 8:00 a.m. and 4:30 p.m. Monday to Friday" from Dunn Street to a point 85 metres south of Dunn Street; 7) That a "no stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday" restriction be implemented on the east side of Heximer Avenue from a point 30 metres north of Margaret Street to a point 85 metres south of Dunn Street; 8) That a "no stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday" restriction be implemented on both sides of Margaret Street from a point 30 metres west of Heximer Avenue to a point 10 metres east of Heximer Avenue; 9) That the Principal of Heximer Avenue Public School inform parents, through a school newsletter of the proposed modifications near the school and advise parents that choose to park on the east side of Heximer Avenue to escort their children from the school to their vehicle; 10) That strict enforcement of the proposed "no stopping" restrictions be carried out; 11) That Neighbourhood "Speed Watch" brochures be distributed to all residents in the proximity of Margaret Street and Heximer Avenue and the Heximer Avenue School/Fundraising Council; 12) That the School Board consider the construction of a circular driveway to their next year's school budget. MW-2000-20 - Stamford Green Drive - Traffic Operations Review - 1) That crosswalks be applied on Stamford Green Drive at the pedestrian walkways leading to and from Martha Cullimore and Prince Philip School; 2) That a "no stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday" restriction be implemented on both sides of Stamford Green Drive from a point 165 metres east of Dorchester Road to a point 220 metres east of Dorchester Road (adjacent to the pedestrian walkway leading to and from Prince Philip School); 3) That a "no stopping", 8:00 a.m. to 4:30 p.m. Monday to Friday" restriction be implemented on both sides of Stamford Green Drive from a point 105 metres west of St. George Avenue to a point 165 metres west of St. George Avenue (adjacent to the pedestrian walkway leading to and from Martha Cullimore School); 4) That the "School Area" signs on Stamford Green Drive near Linden Avenue be relocated closer to each walkway; 5) That the Niagara Regional Police be requested to provide enforcement of the 50 km/h speed limit on Stamford Green Drive, when manpower permits; 11 - 5) 6) That Neighbourhood "Speed Watch" brochures be provided to all residents in proximity of Stamford Green Drive and Linden Avenue, to invite community participation; 7) That should "Speed Watch" not reduce traffic speeds on Stamford Green Drive, consideration should be given to the installation of speed humps, on a trail basis. Muir Avenue & Leader Lane - Heavy Vehicle Restrictions That heavy vehicle restrictions be implemented on Leader Lane between Victoria Avenue and Hickson Avenue and on Muir Avenue between Leader Land and Ferguson Street. See By-law No. 2000-77 See By-law No. 2000-78 RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the actions taken in Committee-of-the-Whole earlier this evening be approved. - That the City-owned lands at 4674 Ferguson Street, the former Provincial Crane office building, be declared surplus to the City's needs and further, that a by-law to that effect be passed. Carried Unanimously. RESOLUTIONS NO. 08 - VOLPATTI - FEREN - BE IT RESOLVED THAT Council of the Corporation of Niagara Falls reaffirms its support of By-law No. 2000-59, notwithstanding the objection received from Mr. V.F. Muratori on behalf of River Realty Development (1976) Inc. AND The Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion and with all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 2000-76 A by-law to authorize the execution of an agreement with Klein Building Company Limited respecting "Rosemont Condominium". 2000-77 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Road (Parking, Stopping) 2000-78 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Heavy Vehicle Restriction) 2000-79 A by-law to designate the property known as the Stamford Green being Part of Township Lot 56, Stamford and part of Road Allowance between Township Lots 55 & 56, Stamford, to be of historic value and interest. 2000-80 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 12 - 2000-81 To declare surplus the property located at 4674 Ferguson Street, being property owned by the City of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the following by-laws be now read a second and third time: 2000-76 To authorize the execution of an agreement with Klein Building Company Limited respecting "Rosemont Condominium". 2000-77 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Road (Parking, Stopping) 2000-78 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Heavy Vehicle Restriction) 2000-79 To designate the property known as the Stamford Green being Part of Township Lot 56, Stamford and part of Road Allowance between Township Lots 55 & 56, Stamford, to be of historic value and interest. 2000-80 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2000-81 To declare surplus the property located at 4674 Ferguson Street, being property owned by the City of Niagara Falls. Carried Unanimously. NEW BUSINESS Parking Lot on Victoria Avenue and Valle_vway Alderman Judy Orr referred to the private parking lot located beside the Tim Horton's on Victoria and Valleyway and expressed concerns with respect to the buses running their engines in that area. She suggested that the owner be requested to place barriers at the entrances to stop the buses from parking in that area. Following some discussion, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Volpatti, that a report be brought back regarding whether this was a legal activity and further to look into the By-law restricting the running of buses. Carried Unanimously. Niagara Falls Hydro Inc. Alderman Selina Volpatti requested info~ation with regard to receipt of the Minutes from the Niagara Falls Hydro Inc. utility. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Council, as shareholders, should have all the Minutes of the new Niagara Falls Hydro Inc. utility distributed to Council including the "In Camera" Minutes. Carried Unanimously. 13 - Local Architectural Conservation Advisory_ Committee Tours Alderman Janice Wing advised that the Local Architectural Conservation Advisory Committee would be holding a plaque presentation ceremony dealing with Stamford Green on May 7, 2000 and further advised that on the same day, there would be a tour of the newly renovated Morden House on Corwin Crescent with proceeds going to the Lundy's Lane Battlefield project and invited everyone to attend. Letter of Con_aratulations ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that a letter of congratulations be forwarded to Mr. Mick Wolfe and the organizing committee for all of their efforts in the Women's World Hockey Championships. Carried Unanimously. Time Ca_~sule Alderman Paisley Janvary-Pool informed that the 3~ Millennium Clock has been put up and that $105,000 had been collected from the citizens of Niagara Falls. She advised that preparations were being made for the historical information for the time capsule and that E.S. Fox would be preparing the information board. The Mayor's Prayer Breakfast Alderman Paisley Janvary-Pool reminded Council of the upcoming Mayor's Breakfast being held on Wednesday, April 12, 2000 at 6:30 a.m. ORDERED on the motion of Alde[¥~-]an Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR TWELFTH MEETING REGULAR COUNCIL Council Chambers April 17, 2000 Council met on Monday, April 17, 2000 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Aldermen Volpatti and Wing who were away due to illness, and Alderman Feren, were present. Alderman Paisley Janvary-Pool offered the Opening Prayer. DISCLOSURES OF PECUNIARYINTERESTS Alderman Pietrangelo indicated a pecuniary interest on Report No. F-2000-21, Cheque No. M92956, because the recipient is his employer; and on Cheque No. 250940 because a family member is involved in an arbitration matter. Alderman Campbell indicated a pecuniary interest on Report No. F-2000-21, Cheque No. 251066, because a member of his family is employed by the recipient and on Cheque No. M92953 because the recipient is his employer. Aldem-~an Craitor indicated a pecuniary interest on Report No. F-2000-21, Cheque Nos. 250981; 251117; 250956 because a member of his family is employed by the Region; Alderman Michalczyk indicated a pecuniary interest on Report No. F-2000-21, Cheque No. 251038 because of his ongoing investigation and lawsuit. PRESENTATIONS His Worship Mayor Thomson congratulated and presented a token of appreciation to Ms. Shelley Piccirillo, a local resident who was a member of two National Championship Soccer teams in 1999. DEPUTATIONS The Salvation Army Red Shield CamDaign Michelle Tanner, The Salvation Army Family Services, provided an update on the Salvation Army's 2000 Red Shield Campaign and of the door-to-door fundraising campaign beginning on May 1,2000 and she requested that permission be given to have a flag raising ceremony on May 1, 2000 at City Hall. Following the presentation, it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman Fisher, that May be declared Red Shield month and that Council permit the flag raising ceremony, in recognition of May being the Salvation Army's National Red Shield Appeal campaign throughout Canada. Carried Unanimously. Prior to dealing with further matters on the agenda, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that Report PD-2000-47 be brought forward. Carried Unanimously. PD-2000-47 - Chief Administrative Officer - Re: Zoning By-law Amendment Application and Application for Site Plan Approval; AM-10/2000 & SPC-14/2000, 6361 Buchanan Avenue and Lands on the West Side of Allendale Avenue; 876891 Ontario Limited (John Broderick - Agent); Proposed Off-Site Parking for the Hilton Hotel and Determination of Need for Further Public Meeting. The report recommends that Council approve one of the following: That prior to the passing of the amending by-laws for AM-10/2000 determine, by resolution, in accordance with Section 34(17) of the Planning Act, that the changes proposed to the by-laws after the holding of the Public Meeting will not require the giving of any further notice; That Council pass the temporary use by-law which will permit, for not mora than two years, some of the required parking for the Hilton Hotel to be provided on leased lands located on the southw ~.st corner of Stanley Avenue and Murray Street (Parcel 4); That Council pass a tempor~,~y use by-law which will permit, for a period not mora than three years, some of th~.~ required parking for the Hilton Hotel to be provided on the lands located on the ~ est side of Allendale Avenue (Parcel 2) between Main Street and Robinson Street; That Council approve the site plan for the hotel lands and both off-site parking lots, and that the site plan agreer~ent include any appropriate clauses or conditions that may be required by staff in cider to satisfy municipal concerns respecting Parcel 4. - AND - RESOLUTION NO. 09 - PIETRAN~:}ELO - FISHER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34(17) of the Planning Act, R.S.O! that the changes to the proposed zoning by-law for Application AM-10/2000 (876891 £,ntario Limited regarding off-site parking for the Hilton Hotel, 6361 Buchanan Avenue) ara'minor in nature and do not require any further notice. AND the Seal of the Corporation b~.· hereto affixed: Carried Unanimously Following some discussion, it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman Orr, that the report be adopted as amended. The motion Carried with Alderman Puttick voting contrary to the motion dealing with the temporary-use by-law and with all others voting in favour. See By-law No. 2000-85 See By-law No. 2000-86 MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Closure of Niagara Falls Secondary_ School Auditorium His Worship Mayor Thomson advised that a delegation would be attending the Niagara District School Board meeting on May 9~ at 8 o'clock to make a submission on the closure of the N.F. Secondary School Auditorium and invited Council and the public to attend and provide their support. Downtown Bar Ex=ansion ~ His Worship Mayor Thomson referred to an application received from the Barely Legal Bar to expand their downtown bar and suggested that the matter be referred to staff for review and that if a negative response should be received, that Council forward any adverse objections to the proposed expansion to the Alcohol and Gaming Commission. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the matter be referred to staff and should a negative response be received, that Council forward any adverse objections on the bar expansion to the Alcohol and Gaming Commission. Carried Unanimously. Multi_ole Sclerosis Su_oer City_ Walk Mayor Thomson congratulated Ms. Carrie Roseborough for her participation in the Multiple Sclerosis Super City Walk and indicated that she had been the number one fundraiser with a total of $630.00 funds being raised. COMMUNICATIONS Communication No. 74 -Town of Richmond Hill - Re: Adult Entertainment Parlours. The communication requests that Council support of a resolution requesting the Legislature of the Province of Ontario to consider the enactment of an amendment to Section 225 of the Municipal Act, R.S.O. 1990, c.M. 45, as amended, to authorize the Council of a local municipality, at its option, to prohibit the establishment of businesses which offer adult entertainment services at any location within the municipality if such a prohibition is deemed to be within the public interest, by by-law duly enacted for that purpose. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. ~ Communication No. 75 -The Downtown Business Improvement Area - Re: The Board of Management. The communication requests approval of the Board and the 2000 Budget of $50,000. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, to ratify the Board of the Downtown Business Improvement Area. Carried Unanimously. Communication No. 76 - Lundy's Lane Business Improvement Area, Board of Directors - Re: Board of Directors. The communication requests approval of the Board of Directors of the Lundy's Lane Business Improvement Area. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, to ratify the Board of the Lundy's Lane Business Improvement Area. Carried Unanimously. Communication No. 77 - Municipality of Chatham-Kent - Re: Review of the Drainage Act Grant Programs. The communication requests that Council support a resolution petitioning the Government of the Province of Ontario to retain the present Municipal Outlet Drainage grant program as well as the Tile Loan program without any reductions ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 78 - Regional Niagara, Office of the Regional Clerk - Re: Governance Review Process. The communication advises that the Co-Chairs of the Joint Governance Committee have agreed that the timeline for submissions should be extended to mid-May and indicating that the precise date will be provided when it is determined. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the communication be received and filed for the Information of Council. Carded Unanimously. Communication No. 79 - The Optimist Club of Niagara Falls, Inc. - Re: Proclamation. The communication requests that Council proclaim the week of May 1 - 7, 2000 as "Respect for Law Week". ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 80 - Canadian Mental Health Association - Re: Proclamation. The communication requests that Council proclaim the week of May 1`t to May 7th, 2000 as "Mental Health Week" in the City of Niagara Falls; and also requesting permission to have an official flag raising ceremony on Monday, May 1, 2000. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the actions taken in Corporate Services Committee, earlier this evening, be approved. 1. Adoption of the Minutes of March 20, 2000 Corporate Services Committee; F-2000-17 - Cancellation, Reduction or Refund of Taxes Under Section 442 and 443 of the Municipal Act - that the cancellation, reduction or refund of taxes under Section 442 and 443 of the Municipal Act be approved and granted to the individuals listed; F-2000-18 - Apportionment of Taxes Under Section 413 of the Municipal Act - 1) that a reduction of taxes amounting to $1,478.70 for the year 1998 be made to John & Eleanor Scott and that taxes be levied in the amount of $1,478.70 for the year 1998 on Roll No. 090 002 to Philip George Burnett; ~ 2) that a reduction of taxes amounting to $4,388.44 for the year 1999 be made to Meher Khan and that taxes be levied in the amount of $4,388.44 for the year 1999 on Roll No. 130 001 09204 0000 to Lorraine Sannella and Diane Cordasco; 3) that a reduction of taxes amounting to $108,790.48 for the years 1991, 1992, 1993, 1994, 1995, 1996, 1997 and 1998 be made to 1137768 Ontario Inc., in Trust and that taxes be levied in the amount of $108,790.48 for the years '!991, 1992, 1993, 1994, 1995, 1996, 1997 and 1998 on Roll No. 130 002 07005 to The City of Niagara Falls (previously Guardian Inter-Funding Inc.); 4) that a reduction of taxes amounting to $1,194.75 for the year 1999 be made to Steven & Heather Barnett and that taxes be levied in the amount of $1,194.75 for the year 1999 on Roll No. 130 002 17815 0000 to Anne Stevens; 5) that a reduction of taxes amounting to $926.36 for the year 1999 be made to Theresa Richard and that taxes be levied in the amount of $926.36 for the year 1999 on Roll No. 130 004 15500 0000 to Frances Potter; o F-2000-19 - Business Improvement Areas - 2000 Budgets - that the estimates proposed by the Clifton Hill, Downtown, Main and Ferry and Lundy's Lane Business Improvement Areas be approved; F-2000-20 - Community Reinvestment Fund (CRF) - that the report be received for information; F-2000-21 Municipal Accounts - that the Municipal Accounts totalling $10,101,494.80 for the period ending April 17, 2000, be approved - Aldermen Michalczyk; Pietrangelo; Craitor and Campbell, conflicts of interest; Request from Niagara Falls Girl's Soccer Club for Pins - that the request from the Niagara Falls Girl's Soccer Club for 1,600 City pins be approved; 8. New Business: That staff investigate and report on the deteriorating condition of the old Coca Cola plant. The motion Carried with Aldermen Campbell, Craitor, Michalczyk and Pietrangelo, abstaining from the vote on Report F-2000-21 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-84 FS-2000-04 - Chief Administrative Officer - Re: Rosemont Condominium, 3381 Montrose Road; Designation of Private Roadways as Fire Routes. The report recommends that Council approve the request of Mr. K. Klein, on behalf of the Rosemont Condominiums, to designate the private roadways as a Fire Route. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-95 L-2000-32~. Chief Administrative Officer - Re: Security System for City Hall. The report recommends that Design Electronics be awarded the contract to install the security system at City Hall as per its Request for Proposal at a cost of $138,168.84; and further that Phases 1, 2 and be installed at the same time. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 2000-82 2000-83 A by-law to amend By-law No. 79-200, as amended (Re: AM-02/2000, 8675 & 8731 Montrose Road) 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. (Re: Report FS-2000-04, Rosemont Condominium, 3381 Montrose Road) 2000-84 A by-law to authorize monies for General Purposes. (April 17, 2000) 2000-85 A by-law regarding temporary use parking on leased lands for Parcel ~4. 2000-86 A by-law regarding temporary use parking for Parcel #2. 2000-87 A by-law to authorize the acceptance of an Offer of the Canadian Corps Association to purchase 4674 Ferguson Street for $90,000. The motion Carried with Aldermen Campbell, Craitor, Michalczyk and Pietrangelo, abstaining from the vote on By-law No. 2000-84 on conflicts of interests previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 2000-82 A by-law to amend By-law No. 79-200, as amended (Re: AM-02/2000, 8675 & 8731 Montrose Road) 2000-83 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. (Re: Report FS-2000-04, Rosemont Condominium, 3381 Montrose Road) 2000-84 A by-law to authorize monies for General Purposes. (April 17, 2000) 2000-85 A by-law regarding temporary use parking on leased lands for Paroel ~t. 2000-86 A by-law regarding temporary use parking for Paroel #2. 2000-87 A by-law to authorize the acceptance of an Offer of the Canadian Corps Association to purchase 4674 Ferguson Street for $90,000. The motion Carried with Aldermen Campbell, Craitor, Michalczyk and Pietrangelo, abstaining from the vote on By-law No. 2000-84 on conflicts of interests previously noted and with all others voting in favour. Casino Negotiations U_~date The Chief Administrative Officer provided an update on the status of the casino negotiations with respect to the Reciprocal Agreement between the City and the Ontario Gaming and Lottery Commission (OGLC). Letters of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Frederick Hodgson. Carried Unanimously, ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that a letter of condolence be forwarded to the family of the late Mary McKeag. Carried Unanimously. Lundy's Lane Museum Alderman Shirley Fisher advised members of Council that the Lundy's Lane Museum would be having a display in the Library during the month of May in commemoration of 30 years of service and requested that a letter of appreciation be forwarded to the Lundy's Lane Museum for their 30 years of service to the community. Il [ ~ I I il [lll~ I I ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that a letter of appreciation be forwarded to the Lundy's Lane Museum for 30 years of service to the community. Carried Unanimously. Reduction of Aldermen Discussions were held with regard to legislation dealing with changing the election procedure respecting wards and of reducing the number of Alderman. Following the discussion, it was ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Campbell, that the matter with respect to the legalities and the feasibility of reducing the number of Aldermen for implementation in this upcoming election and the method of election be referred to the Chief Administrative Officer for a report. Carried Unanimously. Breaking Code of Silence ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that Council support and direct the City Solicitor to prepare a report regarding the possible action that Council can take when a fellow Alderman breaks the Code of Silence associated with the rules of operation for Committee of the Whole. Carried Unanimously. Niagara Falls Humans S¢;igtY ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that a letter of appreciation be forwarded to the Niagara Falls Humane Society Board members thanking them for all their efforts in providing their time and services to the community. Carried Unanimo~lsly, ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimo~,lsly. READ AND ADOPTED, WAYNE THOMSON, MAYOR THIRTEENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2A May 8, 2000 Council met on Monday, May 8, 2000 at 6:00 p.m. in Committee-of-the Whole. All members of Council, were present. Alderman Kim Craitor presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole did not rise to report in open session. READ AND ADOPTED, Mayor's Youth Advisory_ Committee Prior to dealing with Planning matters, His Worship Mayor Thomson introduced the Mayor's Youth Advisory Committee to members of Council. Alderman Ioannoni advised that the students would be participating in a "Students Against Drunk Drivers" initiative during Police Week and commended all the students for their proactive approach. His Worship Mayor Thomson thanked everyone for their attendance and congratulated them on their initiatives. DISCLOSURES OF PECUNIARY INTERESTS Alderman Craitor indicated a pecuniary interest on Report F-2000-22, Cheque Nos. 251381; 25319; M92968;, M92967; 251431; 251499 and 251235 because a member of his family is employed by the Region; and indicated a pecuniary interest on Report CD-2000- 13, because he is involved with an organization that conducts bingos. Alderman Michalczyk indicated a pecuniary interest on Report F-2000-22, Cheque No. 251377 and on Report CD-2000-13, because he is a volunteer flrefighter; and indicated a pecuniary interest on Report L-2000-35, because a family member is involved in testamentary devise matters. Alderman Pietrangelo indicated a pecuniary interest on Report No. L-2000-35, because a family member is involved in testamentary devise matters. Alderman Volpatti indicated a pecuniary interest on Report PD-2000-47 - Off-site parking for the Hilton Hotel from the Council meeting of April 17, 2000 because the company of which she is a director has a business relationship with the applicant; and indicated a pecuniary interest on Report PD-2000-48 because a family member has a business next door to the applicant. Alderman Wing indicated a pecuniary interest on Report F-2000-17, from the Council meeting of April 17, 2000, because she is an Officer of the Foundation; and indicated a pecuniary interest on Report F-2000-22, Cheque No. 251387, because she is an Officer of an organization that has a pecuniary interest; and on Cheque No. 251262 because a member of her immediate family is involved in the event. pLANNING MEETING Council Chambers May 8, 2000 Council met on Monday, May 8, 2000 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. DEPUTATIONS M~¢Oonald's. McHa_~.~y Day Fundraiser Ms. Jana Katz, Lorna Anstruther, McDonald's and Ted Salci and Tim Brown, Greater Niagara General Hospital were in attendance. Ms. Katz provided information on an upcoming event, the MCHappy Day fundraising event being held on May 16, 2000 with a portion of the funds going to Ronald McDonald Children's Charities of Canada and the balance of the contributions to go to support the Greater Niagara General Hospital. Ms. Katz extended an invitation to members of Council and the community to participate in the event. His Worship Mayor Thomson thanked the participants for their presentation and attendance at Council. Out of the Cold Pro_uram Steve Ferguson, Fund Raising Sub-Committee, and Mr. Mike Repa, provided a brief summary of the operations of the Out of the Cold Program and discussed an upcoming fundraising event being held at the Skyline Foxhead Hotel on June 15, 2000 for the procurement of a vehicle for the organization and requested Council's and the community's support. Following the discussion, His Worship Mayor Thomson presented a token of appreciation to Marie Pepin for her outstanding efforts and involvement in the program. Women's Place of South Niapara Inc. Ms. JoAnne Garofalo, Development Officer, Nova House and Mrs. Agnes Tarnoy, Treasurer of the Board of Directors, were in attendance. Ms. Garofalo provided information on the upcoming 23~ Annual Nova House Book Riot event, being held at the Optimist Club, from May 11th to May 14th, 2000, and with all proceeds being allocated to the building fund for a new, safer shelter in Niagara Falls and thanked members of Council for their support. HiD Hip Hooray Me. Laura Moffat, Co-Chair, Hip Hip Hooray advised that this charitable event was a Cross Canada Walk by Canadians, who had benefitted from orthopaedic surgery and care in Canada being held on May 28th, 2000, with the proceeds going toward educational purposes, local research or patient care and invited members of Council to attend the event. PLANNING MATTERS PD-2000-48 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-0812000, Benrit Construction Company Limited; cio the Loyal Order of Moose Lodge, 5610 Fraser Street. The report recommends that Council approve the Zoning by-law amendment application to permit the existing building to be used for a private club. - AND - Communication No. 81 - CN Rail. The communication provides comments on the proposed application. Communication No. 82 - Regional Niagara, Planning and Development Department. The communication advises that the application does not raise any land use compatibility or noise impact concerns and advises as having no objections to the 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 the Regulations on April 7, 2000. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, 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. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Proposal; The Amendment; The Planning Review; and the Circulation process; he advised that the application proposed that 26 parking spaces be provided and indicated that staff was in support of the application and were recommending approval. 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. Ms. Tina Barth, 5532 Fraser Street, expressed safety concerns for the children that played at the dead end of Fraser Street due to the number of vehicles that would be in the area and the parking problems that would be encountered by the residents in the area. Mr. Don Serel, 5548 Fraser Street, questioned what other type of club could be established if that facility was sold. Mr. Jason Cams, 5524 FL'aser Street, expressed parking concerns that would be encountered due to the number of vehicles in the area and was of the opinion that the properties would be devaluated. Mr. Brian Sinclair provked clarification with respect to the parking issue and expressed the opinion as being in favour of permit parking in the area and requested Council support and approval of the application Dudng the discussion, it w~,s suggested that the existing building be permitted to be used as a fraternal club instead of a private club and that a report be prepared to address the possibility of a "residents only" permit parking on Fraser Street. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-08/2000, closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the report be amended to indicate that the existing building be used as a fraternal club instead of a private club and further that a report be prepared to address the possibility of having a "residents only" parking permit issued. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the communications be received and filed. Carried Unanimously. PD-2000-52 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-3199, 7901, 7913, 7933 Thorold Stone Road; Proposed 27-Unit Townhouse Development. The report recommends that Council approve the application for a townhouse development at the northeast corner of Cardinal Drive and Thorold Stone Road limited to 25 units, subject to the comments in this report. - AND - Communication No. 83 - Loy Chong, 3936 Cardinal Drive. The communication advises as being in disagreement with the proposal because the layout of the development would block his view of oncoming traffic from his driveway. Communication No. 84 - Renate Martin, 3831 Cardinal Drive. The communication advises as disapproving of the application as the proposed development would have a strong bearing on the decline of property value and that the entrance would be situated too close to the corner of Thorold Stone Road and Cardinal Drive. Communication No. 85 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the application. Communication No. 86 - Regional Niagara, Public Works Department. The communication advises as having no objections to the application. I11 ~1 I Il I[1~! I I I Communication No. 87a) Petition Headed by J. Lap; and Communication No. 87b) Petition Headed by P. Genovese advising as being in opposition to the 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 the Regulations on April 7, 2000. His Worship Mayor Thomson received indication that Mr. Tom Richardson, Solicitor, and Mr. Louie Buordolone, Planner, 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 written or oral 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 discussed the subject lands with the assistance of posted sketches; reviewed the following information contained in the Recommendation Report The 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. C. Costa, 3904 Cardinal Drive, expressed the view and concern that a lack of details had been provided as to the type of development that was being proposed. Mr. Martin Rovers, 3831 Cardinal Drive, expressed concerns with respect to the water and sewer service capacity y to the development; referred to the increased traffic and subsequent congestion in the area; and submitted a petition headed by P. Genovese to Council. Ms. Margaret McGreagor, 3907 Cardinal Drive, expressed safety concerns due to the extra traffic that would be generated in the area; and expressed the opinion that the proposed development would not be compatible to the area. Mr. Tom Richardson, Solicitor, on behalf of the Tanasi family, provided information with respect to the rear yard and side yard setbacks; advised that his client would like to see the site developed for condominiums; he indicated that the proposal conformed to the City's official plan in terms of gradation, intensification and putting the multiple family homes on Thorold Stone Road and not in the centre of the development; indicated that there would only be one exit and entrance onto Cardinal Drive. He requested Council's approval for the rezoning by-law and stated that the details of the landscaping, drainage and servicing be dealt with through the site planning process; requested that Council approve the development as proposed with a maximum number of up to 27 units, and implementing those controls as recommended by staff dealing with the side and rear yard setbacks. Mr. Louie Buordolone advised that great concerns had been expressed with respect to the height of the units, the setbacks, safety and access to Cardinal Drive and that as a result of those concerns, modifications had been made to the application before Council. He advised that the application would create approximately 40 feet between the proposed structures and the existing property line of Mr. Chong, whereby a single family dwelling would only be 4 to 6 feet from the property line. Mr. Fung Chong, 3936 Cardinal Drive, requested clarification as to whether the development was to be single family or two-storey structures. Mr. Sirianni, 3857 Cardinal Drive, expressed concerns with respect to the volume of traffic and traffic congestion in the area and to the lack of a traffic study being conducted. The Director of Municipal Works responded that the impact of the development would not be significant to require a traffic study being conducted. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-3/99, closed. Following some discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Wing, that the matter be deferred to the next meeting of Council, in order that the applicant has an opportunity to meet with the area residents to discuss the proposed plan in more detail and that the Mayor Chair the meeting. Carried Unanimously. PD-2000-54 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-36199, Peter J. Lesdow, cio Andrew Cserpes, Rainbow Motel, 5581 Murray Street and Ontario Hydro Land. The report recommends the following: That the Zoning By-law amendment application be approved to permit the proposed addition to the Rainbow Motel and to permit some of the required parking to be provided off-site; That the off-site parking area be zoned Parking (P), linked to the hotel site, provided that the applicant enter into an agreement to provide all required parking on-site in the event the lease on the Hydro lands lapses or is relinquished; That the amending by-law be prepared in accordance with Section 37 of the Planning Act to ensure that all street frontages are improved including the provision of sidewalks, street trees, street furniture and landscaping; o That the applicant be required to obtain a 50-year lease from O.H.N.C.I. for Parcel 2; That the area residents attending the public meeting be invited to participate in the Site Plan Approval process to address landscape and related issues~ - AND - Communication No. 88a) - Sullivan, Mahoney, Barristers & Solicitors on behalf of Sidney and Lea Raven. The communication provides comments on the application and advises that their clients are opposed to the application to rezone the property for an off-site parking lot for the Rainbow Motel. - AND - Communication No. 88b) The communication attaches a petition opposing the application. Communication No. 89a) - Regional Niagara, Planning and Development Department. The communication advises as having no objections to the application; - AND - Communication No. 89b) - Regional Niagara, Public Works Department. The communication advises as having no objections to the rezoning application. Communication No. 90 - Petition - Headed by Mary A. Ferencich. The petition expresses opposition to the 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 the Regulations on April 7, 2000. His Worship Mayor Thomson received indication that Mr. peter Lesdow, Architect, 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 Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report and advised that staff were recommending approval subject to landscaping and related issues being addressed. 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. Tom Richardson, Solicitor was in attendance on behalf of Mr. and Mrs. Raven, 5875 Murray Street, expressed opposition to the application due to the loss of privacy, the noxious exhaust fumes that would be emitted from buses and vehicles, and the removal of snow from the parking lot onto his client's property and requested that Council deny the application. He requested that if the application was not denied, that a buffer strip be implemented between his client's property and the parking lot and that the buffer stip contain a berm along the heavy planting and screening. Ms. Sydney Lee Bell, 8391 Laura Crescent, expressed safety concerns for the residents in the area and was of the opinion that the applicant should be able to build an underground parking facility for his hotel; and suggested that signage should indicate the number of buses perrr~itted on the street. Mr. Peter Lesdow, Architect, reviewed the proposal and provided clarification with respect to bus and vehicle traffic and to the provision of buffers and fencing to eliminate the impact from headlights; advised that the construction of an underground parking structure would be too costly for his client at the present time. Discussion ensued with respect to having buses park in the middle of the lot; having a substantial 20 foot buffer between the parking and any single residential lot. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-36/99, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the recommendation be approved subject to a 3-year term temporary use by-law along with a 20 foot substantial landscaped area and that this was in agreement with the area residents. The motion was Defeated. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the application be denied. The motion was Carried. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the communications be received and filed. Carried Unanimously. PD-2000-49 - Chief Administrative Officer - Re: Zoning By-law Amendment Application: AM-26199, 6733 Oakes Drive and the northeast corner of Dunn Street and Cleveland Avenue; Panoramic Hospitality Inc. (Agent: I. Gilberti); Proposed Off- Site Parking for the Comfort Suites Hotel, The report recommends that Council approve the application to locate a portion of the parking, that is required by the Zoning by-law for the Comfort Suites Hotel, off-site on the lands located on Parcel 2, at the northeast corner of Dunn Street and Cleveland Avenue, conditional upon: That the zoning for Parcel 1 be amended to provide for a parking/retail structure not to exceed 48 feet in height; That Parcel 2 being zoned Parking (P) and linked through the amending by-law and site plan agreement to the hotel lands; That the site plan agreement include a clause requiring the owner to provide alternative parking, should the licence with the Ontario Hydro Networks Company Inc. (O.H.N.C.I.) For Parcel 2 be cancelled, within 90 days of the cancellation of the licence; That the proposed Off-Road Recreation (Bikeway) Loop being provided should the City require it; The applicant undertaking a traffic impact study during site plan approval and implementing its recommendations. - AND - Communication No. 91 - Regional Niagara, Planning and Development Department. The communication advises as having no objections to the zoning by-law amendments, but comments on the impact of pedestrian traffic and the installation of pedestrian heads. 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 the Regulations on April 7, 2000. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, 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 written or oral 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; and advised that staff were recommending to have Parcel 2 zoned (P) for parking and linked through the amending by-law and site plan agreement to the hotel lands, and that the application be approved. 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. Ms. Gilberti advised that all five (5) Conditions in the Recommendation Report are acceptable to the applicant and thanked Council for their consideration. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-26/99, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and adopted. The motion Carried with Aldermen Feren and Volpatti, abstaining from the vote on conflicts of interest and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the correspondence be received and filed. Carried Unanimously. PD-2000-50 - Chief Administrative Officer - Re: Public Meeting, Colangelo Estates Draft Plan of Subdivision; File: 26T-11-2000-03; Owner: 586112 Ontario Limited (In Trust). The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Colangelo Estates Draft Plan of Subdivision. - AND - Communication No. 92 - Mr. V. Clyde Carruthera, 6681 Dellpark Drive. The communication expresses concerns over the proposed plan of subdivision of Colangelo Estates. Communication No. 93 - Rudi & Mary Friesen. The communication advises as being strongly opposed to the proposed plan of subdivision. Communication No. 94 -a) - Petition from the residents of the Dellpark Drive, Topaz and Lepp Crescents Area; - AND - Petition 94b). The petitions advise as being in disagreement with the proposed roadways connection to Dellpark Drive from Colangelo Estates. Communication No. 95 - Judith Wood, 6671 Dellpart Drive. The communication advises as objecting to access from the proposed subdivision coming through Dellpark Drive; and suggests that the new subdivision will enter and exit from Mountain Road. Communication No. 96 - Dr. David Nicholson, 6763 Topaz Crescent. The communication requests that Council preserve the Hydro Road and direct the developer to plan for access to the proposed subdivision from Mountain Road and not Dellpark Drive. Communication No. 97 - Sterling Wood, 6671 Dellpark Drive. The communication advises as being in opposition and provides comments to the proposed 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 by Prepaid First Class mail on April 20, 2000. His Worship Mayor Thomson received indication that the applicant, Mr. D. Colangelo, 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 written or oral submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. 10- His Worship Mayor Thomson advised that no decision would be made at this meeting and that the purpose of the meeting was to receive information and provide an opportunity for public input; following which the Planning and Development Department would consider all comments received and prepare a report to Council at a future meeting. It was moved by Alderman Fisher, seconded by Alderman Feren, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. The Planner on behalf of the applicant, reviewed the application and advised that the plan was designed to conform with the municipal guidelines that are currently in effect; discussed the opening up of Haulage Road and the proposed extension of the development to Dellpark Drive. Mr. Danny Colangelo responded to concerns expressed with respect to road access and advised that he did not presently have approvals for a temporary road use for construction. Mr. Clyde Carruthers, 6681 Dellpark Drive, expressed concerns with respect to increased traffic and noise on Dellpark Drive; referred to the disruption of the Haulage Road recreational trails and pathways, due to the proposed development connection road intersection; he referred to the Parks, Recreation and Culture's policies indicating that recreational trails and pathways were to be recognized, valued and maintained and suggested that Haulage Road be maintained and improved and not compromised by allowing it to be cut in two by a roadway. Mr. Carruthers requested that Council consider having revisions made to the application to access Mountain Road instead of Dorchester Road and to ensure that it does not involve the creation of a connection road from the proposed development to Dellpark Drive. Mr. Rob Nicholson, 6288 Morstta Drive, advised as being in favour of keeping the walkway as a trail and that it be kept for future generations. Mr. John Wiley, was in attendance on behalf of Mr. and Mrs. Fuoco, 6630 Mountain Road and Mr. and Mrs. Marinelli, 6610 Mountain Road, expressed concerns with respect to location of the proposed roadways, location of the lots, the layout of the plan of subdivision and indicated that the plan of subdivision calls for too many lots jammed into too small an area; and referred to the issue of access to Dellpark Drive residents. Mr. John Saczkowski, on behalf of his parents, Michael and Maria Saczkoweki, 6486 Mountain Road, who own the property that abuts the proposed subdivision; requested that the following considerations be given, that a fence be erected, that drainage be planned and executed and that assurances be given that the tenants of the subdivision not negatively impact the farm. Mr. Terry Murphy expressed concerns regarding the drainage problems that are presently encountered and indicated that he did not wish to have drainage from the subdivision seeping onto his property; he also expressed the opinion that Haulage Road was a well-used trail and that it should be kept and maintained. Discussion ensued with regard to looking at maintaining Haulage Road trail and providing proper road patterns. 11 Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Colangelo'Estates Draft Plan of Subdivision, closed. /ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a plan be secured for the area and the preservation of Haulage Road trail; and further, that the issue of traffic be looked into. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the comments be referred to staff. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. PD-2000-58 - Chief Administrative Officer - Re: Recommendation Report - Recine Court Draft Plan of Subdivision 26T-11-2000-02; Zoning By-law Amendment Application AM-09/2000: Owner: Rodilio Recine; Agent: Donato Colangelo. The report recommends the following: That the Recine Court Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 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; o 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; That the application to amend the Zoning By-law be approved to provide the necessary land use regulations to guide the development of the subdivision; - AND - Communication No. 98 - Eric Henry, Fruitbelt Development. The communication attaches a report from R.A. Harrington and Associates Ltd., with regard to stormwater management facilities of Orchard Grove Subdivision and the surrounding land which include those now under consideration by Council as Recine Court. 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 on by prepaid First Class Mail on April 14, 2000. His Worship Mayor Thomson received indication that Mr. Rodilio Recine, the applicant and Mr. D. Colangelo, Agent, 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. His Worship Mayor Thomson advised that failure to make written or oral submissions at the Council meeting could result in the dismissal of the case at a futura 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. 12- The Deputy Director of Planning and Development reviewed the application through posted sketches; advised that staff are recommending approval of the R1E zone and the subdivision for draft approval subject to the conditions that the developer must do a full storm water management evaluation and improvements to storm water sewers and overflow. Mr. Colangelo advised that the staff recommendations were agreeable to the applicant and advised that a stormwater management report would be provided. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-09/2000, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the report be received and adopted. The motion Carried with Alderman Janvary-Pool voting contrary to the motion and with all others voting in favour. PD-2000-51 - Chief Administrative Officer - Re: Requests for Extension to Draft Plan Approval, Williams Subdivision, 26T--93011 (Revised); Williams Subdivision Plan 2, 26T-94001; Owner: River Realty Development (1976) Inc. The report recommends that Council support a one-year extension to draft plan approval for the Williams Subdivision and Williams Subdivision Plan 2, conditional on the applicant maintaining the appropriate subdivision signs on the properties for public information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD-2000-53, Action Arising from the Niagara Falls Local Architectural Conservation Advisory Committee (LACAC). The report recommends that the Council endorse the actions of the Local Architectural Conservation Advisory Committee. ORDERED on the motion of Alderman Wing, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. PD-2000-55 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-0912000, 8700 Lundy's Lane; Proposed Body Rub Parlour. The report recommends that Council approve the site plan for a proposed body rub parlour at 8700 Lundy's Lane. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Feren, that the matter be deferred. The motion Carried with Alderman Volpatti and Puttick, voting contrary to the motion and with all others voting in favour. PD-2000-66 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-1012000, 5826 and 5834 Buchanan Avenue; Proposed Body Rub Parlour. The report recommends that Council refer the proposed site plan for 5826 and 5834 Buchanan Avenue to a meeting with area residents. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. PD-2000-57 - Chief Administrative Officer - Re: Recommendation Report; Parkwood Estates Draft Plan of Subdivision; Owners: Riverview Homes (Niagara) Ltd., 262504 Cosmetics Limited; Eric Henry & Fred Costabile. The report recommends the following: That the Parkwood Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 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; 13 - 3. That draft approval be given for three years, ~er 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 Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the Minutes of the Regular Council Meeting of April 17, 2000 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Skateboardin_= Park His Worship Mayor Thomson referred to the feasibility of having a skateboarding facility in the City for the youth in our community and requested that the matter be looked into. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the matter be referred to staff to bring back a report on the feasibility of having a skateboarding facility in the City. Carried Unanimously. COMMUNICATIONS Communication No. 99 - The Niagara Parks Commission - Re: Falls Friday - Night Fireworks. The communication requests permission to carry out the firework displays over the Falls on Friday evenings at 10:00 p.m. beginning May 12~ through September 1=, 2000; and in addition, to carry out firework displays on the major Canadian and U.S. holidays, plus Blossom Festival Saturdays, namely May 13~, May 20~, May 22n", May 27~, May 29th, July 1st and July 4th, 200. ORDERED on the motion of Alderman Feren, seconded by Alderman Ioannoni, that the requests be approved. Carried Unanimously. Communication No. 100 - Ontario Nurses' Association. Re: Proclamation. The communication requests that Council proclaim the week of May 8 - 14, 2000 as "Nursing Week" ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be supported. Carried Unanimously. Communication No. 101 - Niagara Dragon Boat Festival - Re: Year of the Dragon event. The communication provides information and requesting team participation in the multi-cultural event. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the matter be referred to staff. Carried Unanimously Communication No. 102 - The Corporation of the City of Nepean - Re: Regulating pesticide use on private property. The communication encourages support of a resolution to the Government of Ontario to delegate authority to the municipalities for the purposes of regulating pesticide use on private property. ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the matter be referred to staff. Carried Unanimously. - 14- Communication No. 103 - Fred Sacco, Chippawa Jr. C. Hockey Club - Re: Reunion of the 1968 Memorial Cup Champion Niagara Falls Flyers. The communication requests Council participation at the 4~ Annual Celebrity Dinner of the Mick & Angelo's Jr. C Hockey Club on June 16th, 2000. ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that a Council table be purchased for the dinner. Carried Unanimously. Communication No. 104 - Town of Fort Erie - Re: Mid-Peninsula Corridor - Needs Assessment Study. The communication requests that the municipality consider partnering with the Region and the Ministry of Transportation in the Niagara Trade and Transportation Corridor Needs Assessment Study. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the matter be referred to staff. Carried Unanimously. Communication No. 105 - George Radojcic - Re: North American Diocesan Serbian Golf and Tennis Tournament. The communication requests Council approval to have extended hours of liquor service at the three venues from July 14th through July 8th, 2000. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the request be approved. Carried Unanimously. Communication No. 106 - Regional Niagara, Office of the Regional Clerk - Re: Development of an Early Childhood Development. The communication requests that Council support and participate in the Development of an Early Childhood Development and Parenting Plan (Local Child Care Plan). ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the request be supported, if there is no financial commitment required. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following actions taken in Community Services Committee, earlier this evening, be approved: Adoption of the April 3, 2000 Community Services Committee Minutes as amended to reflect that Ms. Barb Campisano resides on O'Neil Street rather than Russell Street; MW-2000-36 - Souvenir City Request - May Avenue Bus Restriction - that the matter be deferred until the next Community Services Committee meeting, in order that staff can discuss with the Niagara Parks Commission the option of temporarily utilizing River Road for buses to drop off patrons of The Souvenir City - Opposed: Aldermen Orr, Feren, Puttick and Wing; Alderman Volpatti conflict; CS-2000-07 - Bridgewater Lot 72 - that the issue of Lot 72 Bridgewater Street be deferred until costs to remove the foundation are known, and that a report be prepared at that time, and when all Councillors have received such report, a telephone poll be conducted; MW-2000-37 - Wording Change to Property Standards By-Law, By-Law No. 98-50, as amended -that approval of the By-law amending Property Standards By-law No. 98-50, include "cellar~' as a non-habitable reom; 15 - MW-2000-40 - Sign Permit Application - Billboard Concession 3, Lot 5 North of Sauer Rd., East of Orr Rd. - that the sign permit application at Concession 3, Lot 5 North of Sauer Road, East of Ort Road by Palumbo & Associates as shown on Schedules "A" and "B" which were attached to Report MW-2000-40 be approved; R-2000-25 - Armoury/Lundy's Lane Museum/Lundy's Lane Battlefield Park - that the review of the Armoury, which Council referred to staff also include Lundy's Lane Museum and Lundy's Lane Battlefield - Aldermen Wing, Campbell and Fisher - conflicts of interest; R-2000-26 - Contract Project Management Services - that the contracting for the services of Project Management for a two-year term be approved: R-2000-27 - Legal Agreement with River Bar & Grill - that the Mayor and the City Clerk be authorized to sign a Legal Agreement for a period of one-year with River Bar & Grill and to utilize C.W. Palmer Park for a slo-pitch league subject to the Conditions which are attached to Report R-2000-27, being included in the Agreement; and that at the end of the first season, an evaluation of the Agreement be conducted and if there is mutual agreement between staff and the applicant, that the Agreement be extended for an additional 4 year period; o Marlborough & O'Neil Operations Review-that the information be received and filed on Marlborough & O'Neil Operations Review; 10. Request from Women's Place of South Niagara Inc. for Tipping Fee Relief for Nova House - that the request from Women's Place of South Niagara Inc. for Tipping Fee Relief for the Nova House Book Riot to be held May 11th to May 14th, 2000 be approved; 11. New Business: - Bukator Park - that a letter be sent to the Niagara Regional Police requesting enforcement of Bukator Park, due to recent dumping and vandalism, and that a structure such as refrigerator bricks be installed at the entrance of the park prohibiting vehicles from entering, and that residents visiting the park be provided with a few parking spots at the front of the park for their vehicles. The motion Carried with Aldermen Orr, Feren, Puttick and wing voting contrary to the motion on Report MW-2000-36; and Aldermen Campbell, Fisher and Wing abstaining from the vote on conflicts of interest on Report R-2000-25 dealing with the Lundy's Lane Battlefield matter and with all others voting in favour. See By-law No. 2000-91 MW-2000-39 - Chief Administrative Officer- Re: Parking Ticket Dispensing Machines; Amendment to By-law 89-2000. The report recommends that the by-law appearing later on tonight's agenda, amending Parking and Traffic By-law 89-2000, for the use of on- street Parking Ticket Dispenser Machines, be approved. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-96 R-2000-28 -Chair, Environmental Planning and Greening Committee. Re: Millennium Trail Development along the Ontario Power Canal. The report recommends the following: That City Council endorse the following recommendations of the City's Environmental Planning & Greening Committee; ~: I T I 16- That the Environmental Planning & Greening Committee support the development of the Millennium Trail along the Ontario Hydro Power Canal, south of Lundy's Lane (revised Phases 5 and 6) first, due to the current state of community sponsorships and the need to utilize funds under the Federal Millennium Partnership Program; That when sufficient funds become available, that the trail development proceed in Phases 1 and 2 from Whirlpool Road to Morrison Street; 3. That the Millennium trail not be developed in Phases 3 and 4. Mr. Wayne Scott, Chair of the Trails & Bikeway Committee, requested that the development of the Millennium Trail be looked on favourably; provided information on the construction of the trail providing a safe and enjoyable access for the community to experience nature and stated that it would be a showcase for the City. Mr. Paul Campigotto, Chair of the City's Recreation Committee, introduced Mr. Kent Eastman who provided the Mission Statement and would provide a continuous system of trails. Concerns were expressed with respect to the need to have a useable trail for the residents of the City. Following the discussion, it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Volpatti voting contrary to the motion and with all others voting in favour. FS-2000-05 - 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 Ioannoni, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. CS-2000-06 - Chief Administrative Officer - Re: Approval of Shareholder Declaration and Transfer By-law for New Niagara Falls Hydro Corporation. The report recommends the following: That the Shareholder Declaration governing the Board of Directors for Niagara Falls Hydro Holding Corporation and its two subsidiaries (Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc. ) incorporated under the Business Corporations Act (Ontario) pursuant to the Electricity Act, 1998 (Ontario), be approved. 2. That the Transfer By-law implementing and establishing the terms governing the transfer of employees, assets, liabilities, rights and obligations of the Niagara Falls Hydro-Electric Commission and the Corporation of the City of Niagara Falls in respect of the distribution and retailing of electricity to Niagara Falls Hydro Holding Corporation and its two subsidiaries (Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc.), incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act, 1998 (Ontario), be approved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanim0~sly. See By-law No. 2000-97 RATIFICATION OF THE ENVIRONMENTAL PLANNING AND GREENING COMMITTEE ACTIONS. 17 - R-2000-29 - Chair, Environmental Planning and Greening Committee - Re: Actions of the Environmental Planning and Greening Committee Meeting held on April 19, 2000. The report recommends that Council endorse the actions of the Environmental Planning and Greening Committee at its meeting held on April 19, 2000. ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken by Corporate Services Committee, earlier this evening be approved: 1. Adoption of the April 17, 2000, Corporate Services Committee minutes; F-2000-22 - Municipal Accounts that the municipal accounts totalling $4,887,292.55 for the period ending May 8, 2000 be approved - Aldermen Craitor, Michalczyk and Wing abstained on conflicts of interest; F-2000-23 - Treasurer's Tax Writeoff - that the business tax and property accounts detailed in Report F-2000-23 be removed from the City's accounts; F-2000-24 - Financial Update - First Quarter - that the report be received for information; 5. F-2000-25 - Tax Registration Status - that the report be received for information; F-2000-26 - Major Receivables Quarterly Report - that the report be received for information; F-2000-27 - 1999 Reserves and Reserve Funds - that the 1999 transfers to reserves and reserve funds be approved; F-2000-28 - Development Charges - 1999 Financial Information - that the Financial Statements regarding 1999 Development Charges be received and filed; 9. That the City of Niagara Falls enter into an agreement with 1137788 Ontado Inc. for the Purchase and Sales of part 2, Plan 59R-9678 Marshall Road, in accordance with the terms and conditions, as amended May 8, 2000. The motion Carried with Alder~-~en Craitor, Michalczyk and Wing abstaining from the vote on Report F-2000-22 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-94 See By-law No. 2000-98 CD-2000-12 - Chief Administrative Officer - Re: Temporary Placement Agreement - Land Registry Documents. The report recommends that Council pass the By-law appearing on this evening's agenda to authorize the Mayor and Clerk to enter into the Placement Agreement for Land Documents. ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-99 CD-2000-13 - Chief Administrative Officer - Re: Amendments to Municipal Bingo Policy. The report recommends the following: That the municipal bingo policy be amended to change the maximum payout on the full card game of the game referred to as "SuperJackpot" to $2,000.00 for the afternoon bingo events from the current amount of $1,500.00; 18- 2. That the municipal bingo policy be amended to change the maximum payout on the full card game of the game referred to as "Super Jackpot" to $3,000.00 for the evening bingo events from the current amount of $2,400.00. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, 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. L-2000-33 - Chief Administrative Officer - Re: Establishment of Daylighting Triangle as a Public Highway - Mulhern Street. The report recommends that the daylighting triangle at the corner of Mulhern Street and Montrose Road, described as Part 2 on Reference Plan No. 59R-10994, be established as a public highway to form part of Mulhern Street. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-88 L-2000-35 - Chief Administrative Officer - Re: MacAulay Agreement with the City Building Permit, Testamentary Devise. The report recommends that an Agreement dated may 1, 2000 between Philip MacAulay and Estelle MacAulay and the City regarding application for a Building Pet[¥,it with respect to Part 4 on Reference Plan No. 59R-7414, at the southeast corner of Sodom Road and Detenbeck Road, be authorized. ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-92 L-2000-36 - Chief Administrative Officer - Re: Authorization to Proceed with the Establishment of St. Mary's Street and Park Lane. The report recommends that staff be authorized to proceed with the establishment of the extension of St. Mary's Street and the right of way known as Park Lane as public highways. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. L-2000-38 - Chief Administrative Officer - Re: Canadian Corps Association Offer to Purchase 4674 Ferguson Street. The report recommends that the amendments to the Offer made by Canadian Corps Association to purchase 4674 Ferguson Street be authorized. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the matter be deferred. Carried Unanimously. L-2000-39 - Chief Administrative Officer - Re: Alderman Confidentiality. The report recommends that the report be for the information of Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Wing, that the code of conduct matter be referred to staff. Carried Unanimously. 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: 2000-88 A by-law to establish Part 2 on Reference Plan No. 59R-10994, as a public highway, to be known as and to form part of Mulhern Street. 19 - 2000-89 A by-law to authorize the execution of an agreement with Municipal Associates Inc. with respect to a non-exclusive licence to use the Licensed Program - Cemetery 2000 (for Oracle). 2000-90 A by-law to authorize the execution of a Software Support Services Agreement with Municipal Associates Inc. 2000-91 A by-law to amend By-law No. 98-50 as amended, being a by-law to prescribe standards for the maintenance and occupancy of property within the City of Niagara Falls. 2000-92 A by-law to authorize an Agreement, dated May 1, 2000, between Philip MacAulay and Estelle MacAulay and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-93 A by-law to authorize the execution of an agreement with The River Bar and Grill with respect to the operation of a baseball league of Palmer Park in the year 2000. 2000-94 A by-law to authorize amendments to the Agreement to Purchase the property known as 4674 Ferguson Street by the Canadian Corps Association. 2000-95 A by-law to amend By-law No. 79-200, as amended. (Re: AM-3/2000, Brookdale Properties) 2000-96 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 2000-97 A by-law to transfer the employees, assets, liabilities, rights and obligations of the Niagara Falls Hydro Electric Commission and of the Corporation of the City of Niagara Falls in respect of the generation, transmission, distribution and retailing of electricity to a corporation and its subsidiary corporation to be incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act, 1998 (1998). 2000-98 A by-law to authorize monies for General Purposes (May 8, 2000) 2000-99 A by-law to authorize the execution of an agreement regarding the temporary placement of Land registry documents. The motion Carried with Aldermen Craitor, Michalczyk abstaining from the vote on By-law No. 2000-98 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded Craitor, that the following by- laws be now read a second and third time: 2000-88 A by-law to establish Part 2 on Reference Plan No. 59R-10994, as a public highway, to be known as and to form part of Mulhern Street. 2000-89 A by-law to authorize the execution of an agreement with Municipal Associates Inc. with respect to a non-exclusive licence to use the Licensed Program - Cemetery 2000 (for Oracle). 2000-90 A by-law to authorize the execution of a Software Support Services Agreement with Municipal Associates Inc. 2000-91 A by-law to amend By-law No. 98-50 as amended, being a by-law to prescribe standards for the maintenance and occupancy of property within 20- the City of Niagara Falls. 2000-92 A by-law to authorize an Agreement, dated May 1, 2000, between Philip MacAulay and Estelle MacAulay and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-93 A by-law to authorize the execution of an agreement with The River Bar and Grill with respect to the operation of a baseball league of Palmer Park in the year 2000. 2000~4 A by-law to authorize amendments to the Agreement to Purchase the property known as 4674 Ferguson Street by the Canadian Corps Association, 2000-95 A by-law to amend By-law No. 79-200, as amended. (Re: AM-3/2000, Brookdale Properties) . 2000~6 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking). 2000-97 A by-law to transfer the employees, assets, liabilities, rights and obligations of the Niagara Falls Hydro Electric Commission and of the Corporation of the City of Niagara Falls in respect of the generation, transmission, distribution and retailing of electricity to a corporation and its subsidiary corporation to be incorporated under the Business Corporations Act (Ontario) pursuant to Section 142 of the Electricity Act, 1998 (1998). 2000-98 A by-law to authorize monies for General Purposes (May 8, 2000) 2000-99 A by-law to authorize the execution of an agreement regarding the temporary placement of Land registry documents. The motion Carried with Aldermen Craitor, Michalczyk abstaining from the vote on By-law No. 2000-98 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letter of Ao_~reciation Alderman Shirley Fisher requested that a letter of appreciation and congratulations be forwarded to Mr. Brian Carter and the Post Office outlet in Chippawa. Bicycle Fun Day Alderman Wayne Campbell provided information on the Niagara Falls Trails and Bikeway Committee's Third Annual Bicycle Fun Day on May 27, 2000 and invited everyone to participate. Letter of A_~_~reciation ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that a letter of appreciation be forwarded to Gary Hendershot for his involvement in the Winter Festival of Lights. Carried Unanimously. - 21 /ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR SPECIAL COUNCIL MEETING Council Chambers May 17, 2000 Council met on Wednesday, May 17, 2000 at 6:30 p.m. in a Special Meeting of Council for the purpose of considering the matter dealing with Bridgewater Street, Lot 72, Plan 251. All members of Council, with the exception of Aldermen Janvary-Pool; Puttick, Campbell, Craitor and Michalczyk, were present. His Worship Mayor Thomson presided as Chairman. His Worship Mayor Thomson advised that the purpose of the meeting was to consider the issue of Bridgewater Street, Lot 72, Plan 25'/. The City Solicitor recommended that Council reconvene in Committee of the Whole to discuss the request from the purchasers of Lot 72. It was moved by Alde,~an Orr, seconded by Alderman Pietrangelo, that the meeting adjoum to Committee of the Whole. Carded Unanimousl.v. READ AND ADOPTED. WA YNE THOMSON, MA YOR COMMITTEE OF THE WHOLE Council Chambers May 17, 2000 Council met on Wednesday, May 17, 2000 at 6:45 p.ml in Committee of the Whole. All members of Council, with the exception of Aldermen Janvary-Pool; Puttick, Campbell, Craitor and Michalczyk, were present. His Worship Mayor Thomson presided as Chairwoman. Following consideration of the items presented, the Committee of the Whole rose to report in open Council. READ AND ADOPTED. COUNCIL MEETING Council Chambers May 17, 2000 Council reconvened in formal session on Wednesday, May 17, 2000, following a meeting in Committee of the Whole. All members of Council, with the exception of Aldermen Janvary-Pool; Puttick, Campbell, Craitor and Michalczyk, were present. His Worship Mayor Thomson presided as Chairman. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the request by Mr. & Mrs. Ronald McGirr, that the City pay for the costs for removal of the concrete bunker on Bridgewater Street, Lot 72, Plan 251 be denied. The motion Carded with Aldermen Ioannoni and Wing voting contrary to the motion and with all others voting in favour. Street Si~_ n for Industrial Park His Worship Mayor Thomson referred to concerns expressed by the owner of Niagara Clock & Woodwork, located in the Industrial Park on Progress Street, regarding having a street sign at the Industrial Park and directing customers to his location. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the matter be referred to staff to obtain a cost for erecting a sign similar to the one located at the comer of Don Murie and Stanley Avenue and if the cost is within the parameters of $12,000- $15,000, that the sign be erected. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alder~)an Volpatti, that the meeting be adjourned. Carded Unanimousl_v. READ AND ADOPTED, FOURTEENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2A May 29, 2000 Council met on Monday, May 29, 2000 at 6:00 p.m. in Committee-of-the Whole. All members of Council, 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, WAYNE THOMSON, MAYOR REGULAR MEETING Council Chambers May 29, 2000 Council met on Monday, May 29, 2000 at 7:15 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman 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 Planning/Regular Meeting of May 8, 2000 and the Minutes of the Special Meeting of May 17, 2000 be adopted as pdnted. Carded Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alde,,an Campbell indicated a pecuniary interest from a Committee of the Whole matter dealing with Maple Street School, because the Niagara District School Board is his employer Alde,,,an Craitor indicated a pecuniary interest on Report CD-2000-14, because he is involved with an organization that operates a bingo; and indicated a pecuniary interest on Report F-2000-30, Cheque Nos. 251815, 251584, 251840, 251646, 251865, and 251710, because a member of his family is employed by the Region. - 2- Alderman Feren indicated a pecuniary interest on Report Nos. MW-2000-51, MW- 2000-52 and MW-2000-53 from Community Services because he operates a sign business. Alderman Michalczyk indicated a pecuniary interest on Report F-2000-30, Cheque No. 251724 because of his ongoing lawsuit and investigation; and indicated a pecuniary interest on Report Nos. F$-2000-06; CDo2000-14 and L-2000-37 because he is a volunteer firefighter. Alderman Volpatti indicated a pecuniary interest on Report MW-2000-53 from Community Services Committee because she is the Director of the company which has a pecuniary interest; and indicated a pecuniary interest on Report PD-2000-59, because a member of her family is employed by the applicant. Alderman Wing indicated a pecuniary interest on Report F-2000-30, Cheque No. 251556 and 251853, because she is an Officer of the organization that is restoring Fralick's Tavern. His Worship Mayor Thomson indicated a conflict of interest on the matter from Committee of the Whole dealing with dismissing the appeal with respect to the Skylon Tower. PRESENTATIONS His Worship Mayor Thomson congratulated and presented tokens of appreciation to members of the Niagara Rapids Midget C Girls Hockey team in recognition for winning the Provincial Championships. His Worship Mayor Thomson congratulated and presented tokens of appreciation to members of the Red Raiders Midget Boys Basketballteam in recognition for winning the Provincial Championships. DEPUTATIONS Ontario Brain In_iury Association Ms. Jacqui Graham, Ontario Brain Injury Association, provided information on the Ontario Brain Injury Association who, in an attempt to raise public awareness would be celebrating the month of June as Brain Injury Awareness Month and requested that Council proclaim the month of June as "Brain Injury Awareness Month" in the City of Niagara Falls. ORDERED on the motion of Aldem-~an Feren, seconded by Alderman Pietrangelo, that June be proclaimed as "Brain Injury Awareness IVIonth" in Niagara Falls. Carried Unanimously. His Worship Mayor Thomson thanked Ms. Graham for her excellent presentation to Council. Tourist Area Develor~ment Strate.v Mr. John Crossingham, Solicitor, advised that his client had launched an appeal to the Ontario Municipal Board for mediation and referred to Communication No. 107 - Notice of Appeal and Request for Mediation from Crossingham, Brady, Miller, with regard to Council's refusal to approve the proposal of the Rainbow Inn for its rezoning and was requesting Council reconsideration of the matter; referred to correspondence received from Mr. Sidney and Lea Raven along with a petition headed by Mr. Sydney Raven; and the Development Comparison Chart for the Comfort Suites vs Rainbow Inn Zoning and Parking Amendments; he advised there would be one parking space available for every 2 rooms and that adequate parking could not be provided without having overflow parking from the hotel; he suggested that off-site parking would be essential to avoid parking problems on the surrounding streets during the tourist season. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the matter be referred to staffto set up an informal meeting with the applicant and surrounding residents to address the concerns. The motion Carried with Aldermen Puttick and Wing voting contrary to the motion. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson requested that a letter of appreciation be forwarded to the staff in the Clerk's Department for all their efforts in getting a very lengthy Council Agenda package out on Fdday evening, when many technical difficulties had been encountered. PLANNING MATTERS PD-2000-62 -Chief Administrative Officer-Status Report; Zoning By-law Amendment Application; AM-3199, 7901, 7913, 7933 Thorold Stone Road. The report recommends that Council receive this report for information. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and filed. Carded Unanimously. PD-2000-59 - Chief Administrative Officer- Official Plan & Zoning By-law Amendment Application, AM-11/2000, The,Ritz Motel Limited, Victor Menechella, President, 6740 Oakes Drive and lands North Side of Dunn Street; Italia M. Gilberti, Agent. The report recommends the following: , 1. That Council approve the Official Plan and Zoning By-law Amendment application which is requested: i) to permit the construction of a new 32-storey, 438 suite hotel on a 1.2 acre parcel north of the Marriott Hotel; ii) to cap the maximum height of the current addition to the Mardott Hotel at 13 storeys; iii) to establish new by-law provisions to guide the construction of a parking garage on a 1.7 acre parcel on the north side of Dunn Street; iv) to permit some of the parking for the Marriott Hotel to be provided either on the Dunn Street parcel or the site of the new 32-storey hotel; That Council pass the necessary by-laws to adopt the Official Plan and to amend the Zoning By-law included in tonight's agenda; That the applicant be required to address the outstanding traffic and building design issues and the improvements required to the public realm prior to Site Plan Approval. - AND - Communication No. 108 - Niagara Peninsula Conservation Authority. communication advises as having no objection to the application. The Communication No. 109 - The Kirkland Partnership Inc. - Summary of the Architectural Peer Review Report. The communication provides a summary of the Architectural Peer Review regarding the Ritz Motel Ltd., Proposed New Hotel Tower, southeast comer of Oakes Street and Portage Road. Communication No. 110 - Italia M. Gilberti, Broderick & Partners. The communication provides comments with regard to the Ritz Motel Limited; proposed new 32-storey Hotel Tower. Communication No. 111a) - Regional Niagara, Planning and Development Department. The communication provides comments on the proposed application. - AND - Communication No. 11 lb) - Regional Public Works Department. The communication advises as having no objections to the application. Communication No. 112 - The Minolta Tower Centre. The communication advises as not being opposed to the proposed application as long as their views of the upper and lower river, the Horseshoe Falls, the Bridal Veil Falls, the American Falls and Table Rock House, are unimpeded and advise that they would vigorously oppose any aspect of the development which would affect or block their views of these landmarks. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on April 28, 2000. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, 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 Ontado Municipal Board headng. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendments; The Planning Review and the Public Notification Process; advised that wind, traffic and sun/shadow studies had been conducted and that an Architectural Peer Review study had been undertaken. He advised that the amendments to the Official Plan and Zoning By-law were appropriate and staff were recommending approval of the application. - 5 - 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. Mark Robinson, 6068 Main Street, advised that he was not opposed to the specific development but expressed concerns with respect to the lack of providing adequate parking for proposed and future development in the City. The Director of Planning and Development responded to questions raised with respect to the realignment of Buchanan Avenue and Oakes Ddve and to the building of the parking structure. Mr. Victor Muratod, Solicitor, in attendance on behalf of the Niagara Parks Commission discussed the Architectural Peer Review Process and advised that this proposal did not meet the development guidelines; he stated that the Niagara Parks Commission wanted development that minimized the impact on Queen Victoria Park and on Table Rock and requested that the matter be deferred until these issues could be resolved. In response to questions raised, Mr. Muratori expressed the opinion that his client would like to see the proposal conform to the architectural guidelines and to lessen the "walled effect". Ms. Italia Gilberti expressed appreciation to City staff for all their efforts and assistance and advised as being in agreement with staff's recommendations; she referred to the excellence in design of the proposed development and indicated that the Minolta Tower would remain identifiable as a viewing tower and that it's views would not be blocked; she stated that the proposal would not create a wall effect as it provided variable building heights; she advised that an excess of 500 parking spots would be provided and that the property on Dunn Street would be used as "excess parking only" and requested that Council approve the application and subsequent by-laws. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-11/2000, closed. ORDERED on the motion of Alderman Ioannoni, seconded by Alde~¥~an Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Wing voting contrary to the motion; 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 correspondence be received and adopted. Carried Unanimously. ORDERED on the motion of Aide,ban Feren, seconded by Alderman Craitor, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 2000-103 A by-law to amend By-law No. 79-200, as amended. (Re: AM-11/2000, The Ritz Motel Limited) 2000-104 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: AMd 1/2000, Amendment No. 29) 2000-105 A by-law to amend By-law No. 79-200, as amended. (Re: The Ritz Motel Limited, AM-11/2000) The motion Carded. ORDERED on the motion of alderman Pietrangelo, seconded by Alderman Feren, that the following by-laws be now read a seconal and third time: 2000-103 A by-law to amend By-law No. 79-200, as amended. (Re: AM-11/2000, The Ritz Motel Limited) 2000-104 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: AM-11/2000, Amendment No. 29) 2000-t05 A by-law to amend By-law No. 79-200, as amended. (Re: The Ritz Motel Limited, AM-11/2000) The motion Carded COII~JMUNICATIONS Communication No. 118 - Sandra Pupatello, MPP, Windsor West - Re: Bill 73. The communication requests Council's su[,port of Bill 73, an Act to promote public peace and safety by regulating late-night dance ,~vents. ORDERED on the motion of Aldermar~ Ioannoni, seconded by Alderman Volpatti, that the request be supported. Carded Unanil~lously. Communication No. 119 - The Corl~oration of the Town of Lakeshore, Belle River, Ontario - Re: Subsidies for AgricultUral Commodities. The communication requests that Council endorse a resolution peti~.ioning the Federal Government to take immediate steps to resolve the unfair market cor,~titions that adversely impact the Canadian farming community; and further, to work with l!~e World Trade Organization to equalize subsidies for farm commodities to ensure the I(~ng term financial viability of farming as an industry in Canada. ' ORDERED on the motion of Alderm&n Volpatti, seconded by Alderman Fisher, that the request be supported. Carded Unanimously. Communication No. 120 - The Corporation of the Town of Lakeshore, Belle River, Ontario - Re: Low Water Level Problems in the Great Lakes. The communication advises that since Iow water levels have damaging effects on the fish and aquatic habitats and could result in higher concentrations of pollutants in the inland waterways and are requesting that Council support a resolution petitioning the Federal and Provincial governments to formulate a plan of action to rectify the current Iow water level problems in the Great Lakes ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the request be supported. Carried Unanimously. Communication No. 121 - Mr. Dean Iorfida, Disability Advisory Committee Member - Re: Proclamation. The communication requests that Council proclaim the week of May 28th to June 3rd, 2000 as "National Access Awareness Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the request be approved. Carried Unanimously. Communication No. 122 - The United Empire Loyalists' Association of Canada. Re: Proclamation. The communication requests that Council proclaim the week of June 18th to June 24th, 2000 as "United Empire I~oyalist Week" in Niagara Falls; and requested that the Loyalist flag be flown dudng that week at City Hall. ORDERED on the motion of Alderman Wing, seconded by Alderman Fisher, that the request be approved. Carded Unanimously. - 7 - ORDERED on the motion of Alderman Ioanno seconded by Alderman Feren, that Report PD-2000-60 and Report PD-2000-61, Applications for Site Plan Approval be brought forward for consideration Carried Unanimously. PD-2000-60 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-10/2000; 5826 and 5834 Buchanan Avenue, Proposed Body Rub Parlour. The report recommends that Council approve the site plan for a proposed body-rub parlour at 5826 and 5834 Buchanan Avenue. - AND - Communication No. 113 - Mr. Tom Richardson, Sullivan - Mahoney. The communication attaches an Affidavit of Mr. Rocco Vacca, in support of their client's request that the City of Niagara Falls conduct an investigation to determine whether a licence may be issued for the operation of a body rub parlour. Communication No. 114 - Guy Ungaro, Solicitor, The communication comments on the Carolyn Fraser Application, 5834 Buchanan Avenue. Communication No. 115 - Fallsview, BIA. The communication advises as supporting the objections of the residents & businesses adjacent :to the proposed body rub parlour. Communication No. 116 - Albert Zappitelli, Sheraton Fallsview Hotel. The communication expresses opposition to the proposed body rub parlour. Communication No. 117 - Submission to City Council by Mr. Victor Muratori, Sullivan, Mahoney. His Worship Mayor Thomson received indication that Mr. Guy Ungaro, Solicitor was in attendance on behalf of the applicant. Mr. Ungaro commented on the legality of the business; addressed the issue of site plan approval and requested that Council approve the site plan. Mr. Muratori, on behalf of MS & J Limited, Sam Mar Restaurant Limited and the Alfied family referred to the Official Plan Policies; the Parking Policies; the Landscape Guidelines to provide appropriate setbacks and landscaping; the Design Cdteda for parking lots and structures and referred to the Conditions of Approval under the Planning Act; and expressed the opinion that Council had the dght to know as to the question of ownership. Mr. Rob Nicholson, was in attendance on behalf of the parishioners of St. Ann's Church and provided a brief history of the establishment of St. Ann's Church and requested that Council give consideration to what the best use was for this area. The City Solicitor advised that the matter before Council dealt with site plan issues under the Planning ACt and not with licencing matters; and assured that allegations raised by Mr. Vacca, Solicitor would be addressed and would be reported back to Council; and suggested that if site plan approval was granted, that Council pass a resolution to that effect. The Director of Planning and Development provided clarification with respect to landscaping concerns, advised the matter had been addressed and that landscaping would be required for this site because of its location, building size and parking requirements. The City Solicitor responded to concems expressed with respect to the question of ownership and indicated that the Planning Act provides that you can register the site plan against the lands of the owner, as well, it was not uncommon to have a tenant sign the agreement as well. The Director of Planning and Development responded to questions raised with respect to having a 20 foot buffer landscaping strip. Following the discussion, it was ORDERED on the motion of Aldei-i~an Volpatti, seconded by Alderman Puttick, that Report PD-2000-60 be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Fisher, Ioannoni and Wing voting contrary to the motion and with all others voting in favour. - AND - PD-2000-61 - Application for Site Plan Approval; SPC-912000, 8700 Lundy's Lane, Proposed Body Rub Parlour. The report recommends that Council approve the site plan for a proposed body-rub parlour at 8700 Lundy's Lane. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor and Ioannoni voting contrary to the motion and with all others voting in favour. Subsequently, the following resolution was presented. NO. 11 - PIETRANGELO - FEREN - WHEREAS Site Plan approval has been granted to 5834 Buchanan Avenue and 8700 Lundy's Lane, . pUrsuant to the provisions of the Planning Act and in accordance with criteria contained herein; AND WHEREAS it is emphasized that this action by the Council is entirely without prejudice to the powers and responsibilities of the Council to administer and enforce its licensing by-law respecting body-rub parlours, and other applicable law; AND WHEREAS the Council wishes to make clear that the granting of site plan approval, or of any ~ther approval, consent or permit under the Planning Act or the Building Code, does not constitute or acknowledge a right of anyone to carry on a body-rub parlour business, or any other business, on the subject property in the absence of any required licence, otherwise not in with all applicable law; BE IT THEREFORE RESOLVED THAT the site plan appro~'al for 5834 Buchanan avenue and 8700 Lundy's Lane, cannot be relied upon as a commitment of any kind by the Council that a licence to operate a Body-Rub Parlour will be grantedi~or a basis upon which financial commitments may be entered into. AND the Seal of t!~ie Corporation be hereto affixed. Carried Unanimously. The City Solicitor advised that the following the re.solution of Council, the applicants of both body rub parlours at Lundy's Lane and Buchanqn Avenue are at their own risk in proceeding further, and that any costs or expenses they~nay incur maybe for naught, and that in any event, the City was not stopping in continuing its investigation and taking any steps it deemed necessary under the Municipal Act or urger the Licencing By-law and that Council had formerly put the owners of both those estab~shments on notice to that effect. REPORTS ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the actions taken in Corporate Services Committee, earlierl.this evening, be approved: 1. Adoption of the May 8, 2000 Corporate Service% C, ommittee Minutes; -9- F-2000-29 - Financing of Owner's Share of Lo~! Improvements - that a rate of 7% be approved to be applied to the portion of the cost of local improvements that are to be paid by property owners and are thus being financed by the City; F-2000-30 - Municipal Accounts that the Municipal Accounts totalling $12,685,196.83 for the pedod ending May 29, 2000 be approved; F-2000-31 - 2000 Rebate to Low Income Seniors - Water/Sewer Flat Rate Accounts - that the Low Income Senior Water/Sewer Flat Rate Residential Rebate Program for 2000 be approved; F-2000-32 - 2000 General Purposes Budget and 2000 Capital Construction Budget - that the amended 2000 General Purposes Budget and 2000 Capital Construction Budget be approved; 6. F-2000-33 - 2000 Tax Rates - that the 2000 Municipal Tax Rates be approved; F-2000-34 - 2000 Reimbursable Mileage Rate - that the reimbursable kilometrage rate payable to City employees who use their personal automobiles on City business, be established at $0.377 per kilometre effective July 1,2000 and that the reimbursable kilometrage rate be reviewed on an annual basis; F-2000-35 - Consulting Services for Social Services Agencies - that the City enter into a contract with Mr. Fred Galloway of F.J. Galloway Associates Inc., for an amount of $11,000 plus GST, to conduct a review of the YWCA, Project Share and Women's Place of Niagara; F-2000-36 - that June 30, 2000 and September 20, 3000 be approved as the Final Due Dates for the Assessment Classes not affected by the Fairness for Property Taxpayers Act; 10. Correspondence from the GNGH Foundation Capital Campaign - that the correspondence be received and filed; 11. Niagara Falls Badminton Club - that staff investigate the status of the assessment classification for the Niagara Falls Badminton Club; 12. Niagara Falls Hydro Corporation -that the principals of the new Niagara Falls Hydro Corporation be invited to attend an upcoming Council meeting to respond to questions and concerns that have been raised. The motion Carded with Aldermen Craitor, Michalczyk and Wing abstaining from the vote on Report F-2000-30 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-100 See By-law No. 2000-11,5 See by-law No. 2000-118 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONR ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the actions taken at Community Services Committee, earlier this evening, be approved: 1. Adoption of the May 8, 2000 Community Services Committee Minutes; o o 10. 11. 12. 13. Mountain Road Transportation System Review and Consideration of Report MW- 2000-55, Mountain Road Transportation System Review Preferred Alternative - that approval of Alternative #2 of the Mountain Road (Regional Road 101) Transportation System Review, that being to reconstruct Mountain Road; MW-2000-53 - Souvenir City Request - Update - that buses be permitted to use the portion of May Avenue between Buttrey Street and the rear driveway of Souvenir City until December, 2000 - Conflict: Alderman Volpatti; Opposed: Aldermen Wing; Orr and Ioannoni; MW-2000-54 - Update on Development Proposal - Graham Street - that the offer submitted to 1006057 Ontado Limited (Mr. G. Bahdi) for Parts 4 and 5 on Reference Plan 59R-10309 in the amount of $11,672.00 be accepted; MW-2000-34 - Cost Sharing Arrangement with the Niagara Parks Commission - Watermain Oversizing Weinbrenner Road., and Willoughby Golf Course - that the City of Niagara Falls enter into a Cost Sharing Agreement with the Niagara Parks Commission for the City's portion of the costs associated with the construction of a new 300 mm., diameter watermain on Weinbrenner Road between Willoughby Road and the new golf course in Chippawa; MW-2000-49 - Waste Collection Contract - that the Enhanced Waste Collection Services, as indicated in Report MW-2000-49, be included in the tender being prepared by the Region for Waste Collection in Fort Erie, Niagara Falls, Port Colbome and Welland; and also that staff provide a report on dumping of leaves by a Contractor at the landfill; MW-2000-50 - Sign Permit Application, 4943 Clifton Hill, Travelodge - approval of the application for a ground sign having an area of two-hundred and thirty-eight (238) square feet for the Travelodge (Clifton Hill) at 4943 Clifton Hill, previously known as Honeymoon City Motel - Conflict: Alderman Feren; MW-2000-51 - Sign Permit Application 6361 Buchanan AVenue - approval of the application for two wall signs, having a combined area of five hundred and twenty- five (525) square feet for the Hilton Niagara Falls Hotel at 6~361 Buchanan Avenue - Conflict: Alderman Feren; MW-2000-52 - Sign Permit Application, 4800 Bender Hill, Perkins Restaurant - the approval of the application for a forty (40) foot high ground sign at 4800 Bender Hill for Perkins Restaurant as shown on Schedule A which was attached to Report MW- 2000-52 - Conflict: Alderman Feren; FS-2000-06 - Chippawa Volunteer Firefighters' Association -Loan - that the City of Niagara Falls purchase a van in the amount of $18,000.00 for use by the Chippawa Volunteer Firefighters' Association - Conflict: Alderman Michalczyk; R-2000-31 - Balmoral Neighbourhood Park Public Meeting - that a portion of Balmoral Park not be severed to create three building lots - Alderman Volpatti opposed; R-2000-32 - Community Centre Steedng Committee - that a Steering Committee be established for the planning and development of the new Community Centre; R-2000-33 - Hedtage Community Recognition Program - approval of the nominations from the Arts and Culture Commission for the Heritage Community Recognition Program; 11 - 14. R-2000-34 - Summer Ice Schedule - that the schedule for use of Summer Ice Hours at Stamford Memorial Arena be approved; 15. New Business: By-law - Ponds & Pools - that staff review the present by-law which addresses ponds and pools. The motion Carded with Alderman Feren abstaining from the vote on Report Nos. MW- 2000-50; MW-2000-51 and MW-2000-52; Alderman Michalczyk abstaining from the vote on Report FS-2000-06 on a conflict of interest; and Alderman Volpatti voting contrary to the motion on Report R-2000-31 and with all others voting in favour. See By-law No. 2000-117 MW-2000-45 - Chief Administrative Officer - Niagara Public Purchasing Committee #2000-T-17; Granular. Materials. The report recommends that the supply of granular material be awarded to Lafarge Canada, Walker Bros., and Reigemount Quarries. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and.adopted. Carried Unanimously. MW-2000-46 - Chief Administrative Officer. Tender NP-02-2000, for the Supply of Ready Mix Concrete. 'The report recommends that the supply of ready mix concrete be awarded to Peninsula Ready Mix Ltd., 5980 Don Murie Street, Niagara Falls, Ontario ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-2000-47 - Chief Administrative Officer- Tender NP-01-2000, Supply of Bituminous Patching Materials and Asphalt Emulsions. The report recommends that the tender for the supply of matedal~as listed below, be awarded as outlined on the attached summary sheet. ORDERED on the mo'~ion of Alde~i-[ian Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONR ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the actions taken at the Municipal Parking & Traffic Committee meeting held on May 16, 2000 be adopted: MW-2000-43 - Municipal Parking Lot Nos. 4. 15 and 18. Changes to Hours and Rates 1) That the hours of operation in Municipal Parking Lot #4 (Ellen Avenue) Municipal Parking Lot #15 (McGrail Avenue) and Municipal Parking Lot #18 (Kitchener Street) be changed to a 24-hour operation from April 1 to October 31 on a yearly basis; 2) That the maximum rate fee be changed from $4.00 & $3.00 per day to $5.00 for 12 hours in Municipal Lot Nos. 4, 15 and 18. MW-2000-38 - Mary_ Ward Catholic School: Traffic Operations Review/"Kiss and Ride" Program- 1. That this report be received and approved by the Committee; -12- That a "no left tum" restriction between the hours of 8:00 a.m. and 4:30 p.m., Monday to Fdday be implemented at the north driveway of the turnaround from Lester B. Pearson Neighbourhood Park; That a "no stopping" restriction at all times be implemented on the west side of Dorchester Road from a point 42 metres north of McMicking Street to a point 19 metres south of McMicking Street; 3. July & August Parking and Traffic Meetings That the July and August Parking and Traffic Committee meetings be called at the discretion of the Chairperson and that all matters be referred to the Community Services Committee during that time period. The motion Carded. See B_v-law No. 2000-112 Se~ By-law No. 2000-113 See By-law No. 2000-114 R-2000-30 - Chief Administrative Officer - Re: Proposal No. PI 1-2000, Supply and Installation of Creative PlaySpace Equipment at Oakes Park and Balmoral Park. The report recommends the following: That a contract be awarded to Little Tykes Commercial Play Systems (Canada) Inc. for the supply and installation of creative playspace equipment at Oakes Park, at the bid cost of $19,999.10 plus GST; That a contract be awarded to Henderson Recreation Equipment Limited for the supply and installation of creative playspace equipment at Balmoral Park, at the bid cost of $18,703.60 plus GST; 3. That the by-laws appearing later on this evening's agenda, authorizing Agreements with the City and Little Tykes Commercial Play Systems (Canada) Inc. and Henderson Recreation Equipment Limited, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-110 See By-law No. 2000-111 CD-2000-14 - Chief Administrative Officer - Re: Changes to Municipal Bingo Policy; Friday, Saturday, Sunday Late Night Time Slots. The report recommends that a "Stuffed Book" promotion be included in the current trial period for the Friday, Saturday and Sunday late night and midnight time slots, which are conducted at Bingo Country, 4465 Drummond Rd., and Delta Monte Carlo, 4735 Drummond Rd., this trial period is scheduled to end June 30, 2000. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. The motion Carded with Aldermen Craitor and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. CD-2000 - 15 - Chief Administrative Officer - Re: Special Occasion Permit - Niagara Falls Mens' Fastball. 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 Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. 13 - CD-2000-16 - Chief Administrative Officer - Re:Special Occasion Permit. Kraft Foods. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Pem~it to the organization listed in this report subject to the approval of the Parks, Recreation & Culture Dept. Health Department and Fire and Building Departments. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L-2000-37 - Chief Administrative Officer - Re: Chippawa Volunteer Firefighters Association; Lease of Second Floor of Chippawa Fire Hall; 8696 Banting Avenue. The report recommends that a Lease Agreement, dated April 25, 2000, with Chippawa Volunteer Firefighters Association to lease the second floor of the Chippawa Fire Hall, 8696 Banting Avenue, be authorized. ORDERED on the motion of Alde~¥~an Fisher, seconded by Alderman Ioannoni, that the report be received and adopted. See By-law No. 2000-106 L-2000-40. Chief Administrative Officer - Re: Establishment of Road Widenings as a Public Highway - Dorchester Road. The report recommends that the read widenings along the east side of Domhester Road described as Part 3 on Reference Plan No. 59R- 3114 and Part 4 on Reference Plan No. 59R-7136, be established as a public highway to form part of Dorchester Road. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-108 L-2000-42. Chief Administrative Officer - Provincial Offences Act, (POA) Transfer. Intermunicipal Agreement. The report recommends the following: 1. That the City enter into the POA Intermunicipal Agreements; That a resolution of endorsement of the said agreement be sent to the Ministry of the Attorney General (MAG); 3. That the POA Task Force be replaced by a Joint Board of Management; 4. That a resolution supporting the Letter of Intent to be sent to the Ministry of the Attorney General. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carded Unanimously. See Resolution No. 12 See By-law No. 2000-101 L-2000-43 - Chief Administrative Officer - Re: Transfer of Easement from JLA Factory Outlet Holdings Limited; South side of Lundy's Lane. The report recommends that Council authorize a Transfer of Easement along the frontage of 7500 Lundy's Lane from JLA Factory Outlet Holdings Limited for the purpose of a public sidewalk, for nominal consideration. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously. See By-law No. 2000-107 L-2000-44 . Chief Administrative Officer - Re: Stamford Lions Club Licence Agreement with the City; Rear of 3846 Portage Road. The report recommends that a Licence Agreement, dated May 15, 2000, with the Stamford Lions Club to licence a 40-foot strip of City lands, at the rear of 3846 Portage Road, for parking, be authorized. ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of AIclerman Puttick, seconded by Alderman Feren, that the $300.00 licence agreement fee be waived. Carded Unanimously. See By-law No. 2000-109 L-2000-45 - Chief Administrative Officer - Re: Re-conveyance to 942328 Ontario Limited, Blocks 18, 19 and 20 on Registered Plan 59M-243 - Glen DriYe. The report recommends that the re-conveyance of Blocks 18, 19 and 20 on registered Plan No, 59M- 243 on Glen Drive, to 942328 Ontario Limited, for nominal considerations, be authorized. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See B_v-law No. 2000-102 L.2000-46 - Chief Administrative Officer - Re: ICON Liquor Licence Decision. The report recommends that the report be for the information of Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Volpatti, that the actions taken in Committee of the Whole, earlier this evening be approved: That City-owned property at 4674 Ferguson Street (former Provincial Crane Office Building) - that the City give notice of its intention to accept the offer by Canadian Corps in the amount of $20,000 and that the matter be advertized in accordance with the Procedural By-law and be brought forward at the next Council meeting; That all outstanding charges and appeals regarding the ICON Night Club be withdrawn; That the Skylon Hotel matter before the Ontado Municipal Board Hearing for July 6~ and 7~, 2000, a motion to dismiss the appeal be supported by the City and that the City Solicitor be authorized to attend and make and take all necessary steps in that regard; Matter regarding the former Diners Delight property on Marshall Road - that the offer by the numbered company 1137768 Ontado Inc. be accepted; That the Confidential recommendations regarding arrangements for tax arrears for 8464 Thomas Avenue be adopted. The motion Carded. 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: -15- 2000-100 A by-law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2000-101 A by-law to authorize the execution of the Niagara Region Courts Inte~-municipal Agreement with The Corporation of the Town of Fort Erie, The Corporation of the Town of Gdmsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara-on-the-Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Cathadnes, The Corporation of the City of Thorold, The Corporation of the Township of Wainfleet, The Corporation of the City of Welland, The Corporation of the Township of West Lincoln and The Regional Municipality of Niagara. 2000-102 A by-law to authorize Transfers/Deeds to 942328 Ontado Limited for Blocks 18, 19 and 20 Registered Plan No. 59M-243. By-law Nos. 2000-103; 2000-104 and 2000-105 were brought forward and introduced on Page 5. 2000-106 A by-law to authorize a Lease Agreement, dated April 25, 2000, between Chippawa Volunteer Firefighters' Association and The Corporation of the City of Niagara Falls to lease the second floor of the Chippawa Fire Hall at 8696 Banting Avenue. 2000-107 A by-law to authorize the acceptance of a transfer of easement from JLA Factory Outlet Holdings Limited for the purpose of a municipal sidewalk, for nominal consideration. 2000-108 A by-law to establish Part 3 on Reference Plan No. 59R-3114 and Part 4 on Reference Plan no 59R-7136, as a public highway, to be known as and to form part of Dorchester Road. 2000-109 A by-law to authorize a Licence Agreement, dated May 15, 2000 between Stamford Lions Club and The Corporation of the City of Niagara Falls for the purpose of licencing a 40 foot stdp of land at the rear of Stamford Lions Club property, for parking. 2000-110 A by-law to authorize the execution of an agreement with Little Tikes Commercial Play Systems (Canada) respecting the supply and installation of Creative Playspace Equipment at Oakes Park. 2000-111 A by-law to authorize the execution of an agreement with Henderson Recreation Equipment Limited respecting the supply and installation of Creative Playspace Equipment at Balmoral Park. 2000-112 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 thereon and charging a fee for such parking. 2000-113 A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stopping). -16- 2000-114 A by-law to amend By-law No. 89-20001 being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns) 2000-115 A by-law to authorize monies for General Purposes. (May 29, 2000) 2000-116 A by-law to authorize the execution of an Agreement of Purchase and Sale with 1137768 Ontado Inc. for the purchase of lands on Marshall Road. 2000-117 A by-law to authorize the acceptance of an Offer of 1006057 Ontado Limited to purchase part of the closed portion Graham Street on registered Plan No. 94 designated as Parts 4 and 5 on reference Plan No. 59R-10309 for $11,672.00. 2000-118 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2000. The motion Carded with Aldermen Craitor, Michalczyk and Wing abstaining from the vote on By-law No. 2000-115 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by-laws be now read a second and third time: 2000-100 A by-law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2000-101 A by-law to authorize the execution of the Niagara Region Courts Intermunicipal Agreement with The Corporation of the Town of Fort Ede, The Corporation of the Town of Gdmsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara-on-the-Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold, The Corporation of the Township of Wainfleet, The Corporation of the City of Welland, The Corporation of the Township of West Lincoln and The Regional Municipality of Niagara. 2000-102 A by-law to authorize Transfers/Deeds to 942328 Ontado Limited for Blocks 18, 19 and 20 Registered Plan No. 59M-243. By-law Nos. 2000-103; 2000-104 and 2000-105 were brought forward and introduced on Page 5. 2000-106 A by-law to authorize a Lease Agreement, dated Apdl 25, 2000, between Chippawa Volunteer Firefighters' Association and The Corporation of the City of Niagara Falls to lease the second floor of the Chippawa Fire Hall at 8696 Banting Avenue. 2000-107 A by-law to authorize the acceptance of a transfer of easement from JLA Factory Outlet Holdings Limited for the purpose of a municipal sidewalk, for nominal consideration. 2000-108 A by-law to establish Part 3 on Reference Plan No. 59R-3114 and Part 4 on Reference Plan no 59R-7136, as a public highway, to be known as and to form part of Dorchester Road. -17- 2000-109 A by-law to authorize a Licence Agreement, dated May 15, 2000 between Stamford Lions Club and The Corporation of the City of Niagara Falls for the purpose of licencing a 40 foot stdp of land at the rear of Stamford Lions Club property, for parking. 2000-110 A by-law to authorize the execution of an agreement with Little Tikes Commercial Play Systems (Canada) respecting the supply and installation of Creative Playspace Equipment at Oakes Park. 2000-111 A by-law to authorize the execution of an agreement with Henderson Recreation Equipment Limited respecting the supply and installation of Creative Playspace Equipment at Balmoral Park. 2000-112 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 thereon and charging a fee for such parking. 2000-113 A by-law to amend by-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stopping). 2000-114 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns) 2000-115 A by-law to authorize monies for General Purposes. (May 29, 2000) 2000-116 A by-law to authorize the execution of an Agreement of Purchase and Sale with 1137768 Ontario Inc. for the purchase of lands on Marshall Road. 2000-117 A by-law to authorize the acceptance of an Offer of 1006057 Ontado Limited to purchase part of the closed portion Graham Street on registered Plan No. 94 designated as Parts 4 and 5 on reference Plan No. 59R-10309 for $11,672.00. 2000-118 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2000. The motion Carried with Aldermen Craitor, Michalczyk and Wing abstaining from the vote on By-law No. 2000-115 on conflicts of interest previously noted and with all others voting in favour. Site Plannin_. Standards ORDERED on the motion of Alderman Wing, seconded by Alderman Feren, that a report be brought back with respect to changing the site planning standards to require a 20-foot wide landscaping stdp rather than a 10-foot wide landscaping strip between parking lots and abutting residential properties. Carried Unanimously. Letters of A_D_orsciation ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that a letter of congratulations be forwarded to Ted Salci on his recent appointment to the Police Services Board as Vice Chairman. Carried Unanimously. III :: ; 111 I!Ii I I I 18 - Niapara Falls Blossom Festival ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that a letter of appreciation be forwarded to the Niagara Parks Commission and to all those individuals that were involved in the Niagara Falls Blossom Festival for holding such a spectacular event. Carried Unanimously. Community_ of Walkerton ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter be forwarded to the City and the citizens of Walkerton extending Council's and the residents of Niagara Falls sincere condolences to the Watkerton community and to the families who had suffered the loss of a loved one as a result of the contamination of the Walkerton water system. Carried Unanimously. Alderman Craitor advised that an account had been set up and that enquiries and donations could be forwarded to the Bank of Montreal to assist the parents of children requiring special treatment or dialysis due to the water contamination in Walkerton. Letters of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter of condolence be forwarded to the family of the late Maudce (Rocket) Richard. Carried Unanimously. Letter of A_ooreciation Alderman Volpatti advised that Chief Grant Waddell was recognized as an honest and dedicated police officer and requested that a letter be forwarded to Chief Grant Waddell expressing Council's appreciation for all his years of dedication and service to the City of Niagara Falls and to the Region of Niagara. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that a letter of appreciation be forwarded to Chief Grant Waddell for all his years of dedication and service to the City of Niagara Falls and to the Region of Niagara. Carried Unanimously. Reduction in the Number of Alderman Alderman Puttick referred to the issue of the reduction in the number of Aldermen in the Municipality. He was advised by the City Solicitor that present legislation stated that after January 1=t, 2000 in an election year, the municipality cannot change the size of Council and if the size of Council is changed, it would not take effect until the next election which would be in 2003. Canada Day Alderman Craitor expressed appreciation for a cheque that had been received from the Niagara Shdne Club in the amount of $2,000 towards the Canada Day events, even though the organization was unable to attend the festivities due to pdor commitments. He advised that any groups or organizations wishing to participate in the Canada Day events, should contact Mr. Vito Scaringi of the Parks, Recreation and Culture Department. -19- Dops Runnin_. at Larpe Alderman Craitor advised that concerns had been expressed by a resident with respect to an individual who kept quite a number of German shepherds in his residence and requested that the matter be referred to staff to investigate the matter of looking into the By-law dealing with fines; keeping a limited number of dogs and the possibility of having a kennel licence. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the matter be referred to staff to investigate the issue of looking into the By-law dealing with fines; keeping a limited number of dogs and the possibility of having a kennel licence. Carded Unanimously, ORDERED on the motion of Alde~i~an Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carded Unanimously, READ AND ADOPTED, R. O. KALLIO, ,~ ;TING CITY CLERK WAYNE THOMSON, MAYOR FIFTEENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 June 12, 2000 Council met on Monday, June 12, 2000 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. 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, R. O. KALLIO, A WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers June 12, 2000 Council met on Monday, June 12, 2000 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. Alderman Kim Craitor offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary interest on Report F-2000-37, Cheque No. 251958 because she is an Officer of the organization. Alderman Fisher indicated a pecuniary interest on Report F-2000-37, Cheque No. 251955, because a family member is employed by the recipient; and indicated a pecuniary interest on Report PD-2000-67 because she owns property in the area. Alderman Volpatti indicated a pecuniary interest on By-law No. 2000-119, because a member of her family has a business next door to the property. Alderman Feren indicated a pecuniary interest on Report PD-2000-67. Alderman Campbell indicated a pecuniary interest from a Committee-of-the-Whole matter dealing with Maple Street School because the District School Board is his employer. Alderman Craitor indicated a pecuniary interest on Report F-2000-37, Cheque Nos. 251917 and 251972 because a member of his family is employed by the Region. Alderrr, an Michalczyk indicated a pecuniary interest on Report Nos. FS-2000-07; FS-2000-08 and FS-2000-09 because he is a volunteer firefighter. PRESENTATIONS 1999-2000 City_ of Niagara Falls Environmental Awards His Worship Mayor Thomson and Alderman Janvary-Pool, Chair of the Environmental Planning and Greening Committee congratulated and presented the 1999- 2000 City of Niagara Falls Environmental Award to Melanie Mullen, a student at St. Paul School for her outstanding leadership, dedication and commitment to protecting area wildlife and our natural environment and congratulated and presented the 1999-2000 City of Niagara Falls Environmental Award to Pearl Bacon, a member of the Stamford Horticultural Society for her outstanding commitment to promoting flower gardens and beautification throughout the City of Niagara Falls. PLANNING MATTERS PD-2000-64 - Chief Administrative Officer - Zoning By-law Amendment Application; AM-12/2000; Roger Kucy cio Phil Fisher; Lots 16 & 17, Plan 264; West side of Willoughby Drive. The report recommends that Council approve the Zoning By-law amendment application to permit the land to be developed for single and semi-detached dwellings by way of a future plan of subdivision. - AND - Communication No. 123 - Niagara Peninsula Conservation Authority. communication advises as having no objection to the proposed application. The Communication No. 124a) - Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objection to the application; - AND - Communication No. 124b) Regional Niagara, Public Works Department. The communication advises as having no objections to the rezoning application but advises that no water services connections will be permitted to the Region's 400mm watermain and instead, that water services be connected to the City's 8" watermain also located along Willoughby Drive. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on May 12, 2000. His Worship Mayor Thomson received indication that Phil Fisher, 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 Ontado Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the /assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; The Planning Review and the Public Notification Process and advised that staff are in support 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 positive response in opposition to the application. Mr. Solomon Riekhart, 8647 Willoughby Drive indicated he did not have any objections to development but expressed concerns as to the type of development and the location of the sewers; and he further stated that his driveway and fence had sustained substantial damage due to construction near his property and requested when these matters would be remedied. The Director of Municipal Works responded that the sewers outlet would go out through the cul-de-sac to Willoughby Ddve and that further work was being done in Chippawa which would allow for further capacity in the system. The Director of Planning and Development provided information on the previous permitted zoning and what has been proposed. Phil Fisher discussed the subject lands and advised that the basis of the application was to bring all the lands for development by subdivision to an (R2)category, to permit single and semi-family homes; he provided information on the lot size and lot depth; indicated that the previous application would have been for multi-family dwellings and that the present application was for single and two family residences, at a much lesser density; and provided assurances with respect to Mr. Riekhart's concerns dealing with his driveway and fence repairs. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-12/2000, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alde~-ihan Michalczyk, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor that a report be brought back regarding the initiation of a traffic study. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that the communications be received and filed. Carried Unanimously. PD-2000-68 - Chief Administrative Officer - Re: Zoning By-law Amendment Application and AM-14/2000; 5150 Dorchester Road, Proposed Minor Expansion to Dorchester Gardens Townhouse Development. The report recommends that Council approve the application to change the zoning of the subject lands from P1 to R4 in order to permit two additional units to be constructed to the Dorchester Gardens townhouse development. - 4 - - AND- Communication No. ~25 . Niagara Peninsula Conservation communication advises as having no objection to the application. Authority. The His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on May 12, 2000. His Worship Mayor Thomson re, eived indication that Ms. Italia Gilberti, Solicitor, was in attendance on behalf of the a'. plicant and received a positive response to his request for a show of hands by persor,~,~ 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 headng. The Director of Planning and Decelopment discussed the subject lands with the assistance of posted sketches and reviewed the information contained in the Recommendation Report. There was a positive response t..: 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 applicatior~. Mr. Ed Bielawski stated this was a good project and that he was in support of the development. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-14/2000, closed. ORDERED on the motion of Aide-,an Mi~:3alczyk, seconded by Alderman Craitor, that the report be received and adopted. Carried.Unanimously. ORDERED on the motion of Alde,,an Fist*er, seconded by Alderman Pietrangelo, that the communications be received and filed. _(;.,trried Unanimo~lslY. PD-2000-65 - Chief Administrative Office r - Zoning By-law Amendment Application; AM-15/2000, North east corner of Kale. r Road & McLeod Rd., 876929 Ontario Ltd., Proposed 58-unit Townhouse. The f*;;port recommends that Council approve the application for a 58-unit townhouse at the northeast comer of Kalar Road and McLeod Road, subject to the following conditions: That the proposed R4 zoning and c: ~rrent R4 and R5C zoning be blended in order to achieve the desired housing unit ,~s encouraged by the Official Plan and to afford the developer the flexibility to resp0 ~d to market conditions; That the amending by-law include [,rovisions to regulate the density of the proposed development; That the developer conduct a Type 2~(~1 Site:Environmental Impact Study and implement their recommendations to en{ure compliance with the Warren Creek Watershed Plan to the satisfaction of the City and Regional Niagara; 4. Dedication of parkland at a rate of 1 ha/300 dwelling units. - AND - Communication No. 126 - Niagara Peninsula Conservation Authority. communication advises as having no objections to the proposed application. The Communication No. 127 - Regional Niagara, Planning & Development Department. The communication advises as not being opposed to the proposal subject to the comments of the Regional Public Works Department with respect to servicing requirements. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on May 12, 2000. His Worship Mayor Thomson received .indication that Mr. John Morley, 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that the matter of drainage w(~.uld be dealt with through the site planning process; and indicated that staff were 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 in opposition to the application. ~ Mr. John Morley referred to the development of 58-unit townhouses, but was now requesting that consideration be given for 60-unit townhouses, and that depending on market conditions, the 18 lots could be redu=ed from 30 foot to 25 foot lots which would allow for two more lots. .~ The Director of Planning and Development responded that Council could, by resolution, adopt a minor change of that nature. Mr. Modey advised that the Environmental Impact Study would only be conducted on the northeast comer of the property. ~. In response to questions raised, the Director of Planning and Development provided clarification on the protection of wetlands, gr~een spaces and parklands. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-15/2000, closed. - 6- ORDERED on the motion of Alderman Campbell, ~onded by Alderman Craitor, that the report be approved. The motion Carried with Alderman Janvary-Pool voting contra~j to the motion and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alde~-i~an Craitor, that the correspondence be received and adopted. Carri~d Unanimously. PD.2000-63 - Chief Administrative Officer . Re: Zoning By-law Amendment Application; AM-7/2000, 6732 Oakes Drive and the northeast corner of Dunn Street and Cleveland Avenue; Towertropolis Inc. (Agent: I. Gilberti); Proposed Expansion to the Minolta Tower. The report recommends that Council approve the application to pe..it an expansion to the Minolta Tower and to locate all of the parking that is required by the Zoning By-law for the proposed expansion off;site on lands located at the northeast comer of Dunn Street and Cleveland Avenue (Parcel 2) conditional upon: That the amending by-law including provisions that limit the height of the podium to 20 metres and the tower to 87 metres; That Parcel 2 being zoned Parking (P) and linked through the amending by-law and site plan agreement to the hotel tower coml:,l.ex lands; That the amending by-law and site plan agmgment including a clause requiring the owner to provide alternative parking, within 90 days of the cancellation of the licence, should the licence with the Ontado Hydro Networks Company Inc. (Hydro) for Pamel 2 be cancelled; That the proposed Off-Road Recreation (Bikeway) Loop being provided should the City require it; ~ o That the applicant undertaking a traffic impi~ct study pdor to or during site plan review and agreeing to implement the rec~immendations as a condition of .this approval; ~ - AND - Communication No. 128 - Niagara Peninsu~a Conservation Authority. communication advises as having no objections t() the application. The Communication No. 129 - (HANDOUT) The Rit= Motel Limited. The communication advises as having no objection to the development provided the proposal does not create any further encroachments onto the Ritz lands arid that the proposed additions will not create any stresses to the Minolta Tower or to the I,ands under the Tower or surrounding ~ Communication No. 130 -(HANDOUT) -Michael ~.. Schor, P. Engineer, M.A. Steelcon Engineering Limited. The communication advise~ that the "crust" supporting the Tower is already overstressed by the Minolta Tower and ~t ~at additional units may endanger the Minolta Tower and endangering the extension of th~ Marriott Hotel which is located in the proximity and suggests that if additional design ur? :s are supported by new caissons the problem would be solved. Communication No. 131 - (HANDOUT) - Regional Niagara, Planning and Development Department. The communication advises that th; ii,City should ensure that the application is consistent with the objectives of the City's '~ew tourism policies and the related regulations in the Tourist Area Development Stral - 7 - Communication No. 132- (HANDOI~T) -Inter-Office, Memorandum from Mel Brown. The communication advises that the ~s~ructurel engineer, acting on behalf of the owners of the Marriott Hotel, expresses concerns about the potential adverse effects that may be caused to the recent hotel addition by the construction of an addition to the Minolta Tower, which is in very close proximity to the Marriott Hotel and its foundations. Communication No. 133 - (HANDOUT) - The Niagara Parks Commission. The communication advises as having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given by Prepaid, First Class mail on May12, 2000. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, 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 wdtten submissions at the Council meeting could result in the dismissal of the case at a future Ontado Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that staff were recommending approval of the proposal; referred to Recommendation No. 3, whereby the applicant had requested 180 days to provide for altemative parking, should the lease with Ontario Hydro be cancelled; The City Solicitor referred to Handout correspondence received from Michael Schor, Structural Engineer, acting on behalf of the owners of the Marriott Hotel, and Memorandum from Mel Brown and suggested that the same recommendations dealing with the structural engineer's concerns from the Marriott Hotel be incorporated into this application, and in that way the City was protected. 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. Ms. Gilberti advised that the applicant had obtained their own traffic study which had been submitted to the Planning Department and that any concerns would be addressed through the site plan process and requested zoning approval and the passage of the by-law; she informed as being i~ agreement with the recommendation dealing with the structural engineers comments. -il Since no further commentst~ere forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-07/2000, closed. -8- ORDERED on the motion of Alderman ~atti, s~nded by Alderman Pietrangelo, that Recommendation 1 through 5 be approved and that Recommendation No. 6 be added to state that the engineer for the Minolta Tower deliver the finalized plans and engineering reports for the proposed construction to the engineer for the Marriott Hotel, including therein all engineering and geotechnical reports; and that the engineer for the Marriott Hotel review and approve, in writing, the proposed engineering reports and plans for the construction. Carried Unanimously. ORDERED on the motion of Alderman ('. ampbell, seconded by Alderman Craitor, that the correspondence be received and filed. Carded Unanimously. See By-law No. 2000-128 PD- 2000-67 - Chief Administrative; Officer - Re: Zoning By-law Amendment Application; AM-35199, Donald May, General Amendment to the Tourist Commercial Zone All Lands Zoned TC. The report n~.commends that Council approve the Zoning By- law amendment application to add a retail store to the list of uses permitted by the TC zone; and to add regulations to the TC z(~ne to limit the maximum floor area of each retail store to 4,305 square feet (400 sq. m) and to limit the maximum floor area of all retail stores per property to 38,000 square feel (3,530 sq.m). - AND - Communication No. 134 - HOCO (SirHarry Oakes Company). The communication comments on the maximum floor area arid the use of a maximum floor area. Communication No. 135 - Regional Niagara, Planning & Development Department. The communication advises as having r.lo objections to the application Communication No. 136 - Memoran,dum - Captain/Fire Prevention Officer. The communication advises as having no ol~ection to the application. His Worship Mayor Thomson d.eclared the Public Meeting open and read the procedure to be followed under the Planr~ing Act. The Acting City Clerk advised thatlthe Notice of the Public Meeting had been given in accordance with the Regulations on ~ay 12, 2000. His Worship Mayor Thomson recoived indication that Mr. Donald May, 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 ,~'ere 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 Ac'vised that failure to make oral or wdtten submissions at the Council meeting coul:f result in the dismissal of the case at a future Ontado Municipal Board hearing. The Director of Planning and Dew~lopment discussed the subject lands with the assistance of posted sketches; reviewed th~ information contained in the Recommendation Report and advised that staff were recom~ending approval, subject to any concerns of Mr. Muratori. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his ag~;3t, in support of the application and a positive response in opposition to the application. Mr. Victor Muratod, was in attendance ea~behalfof HOCO, referred to the issue of "permitted uses" and advised that his client was Concerned that the proposed retail zoning would not supplement by replacing the zoning; but understands that the maximum store size would only apply to the existing permitted uses and would continue to be in place. The Director of Planning and Development confirmed this to be correct. Mr. Donald May advised this would provide more flexibility for stores that would serve those needs that are not defined in the by-law. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-35/99, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD-2000-66 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-3/99, 7901, 7913 & 7933 Thorold Stone Road; Proposed Residential Development. The report recommends that Council approve a revised application for lands at the northeast corner of Thorold Stone Road and Cardinal Drive, subject to the following conditions: , That the townhouse development be limited to 25 units and the amending by-law include site specific provisions regulating density, lot-coverage, landscaped open space and other matters; ~. That a parcel of land fronting unto Cardioal Ddve, immediately south of and abutting 3936 Cardinal Drive, be appropriately, zoned to permit a single-detached dwelling; That Council determine, by resolution, that approval of the zoning for the single lot is minor in nature and does not require further public notice to be given; That the amending by-laws be brought before Council upon approval of the required consent application for the single lot; , ,: 5. That the neighboudng residents be involved in the site plan approval process. 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. Tom Richardson, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons pres~;nt who were interested in the application. He requested that all persons wishing to recei~,e further notice of the passage of the by-law submit their names and addresses to the Cle~,k 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 Ontado Municipal Board headng. ~ 10- The Director of Planning and Developmentdiscussed the subject lands with the assistance of posted sketches; reviewed the infofi~ation contained in the Recommendation Report and advised that staff were recommending approval of the application. Mr. Loy thong, 3936 Cardinal Drive advised that his family would adversely be affected by the proposed application and requested that the single family home be moved to the south due to a large tree that was located in the area and requested some infot[¥fation on the location of the property line. Mr. Tom Richardson reviewed the proposal and indicated that the applicant was in agreement to move the single family home to the south to accommodate Mr. Chong's request along with a 6-metre setback from Mr. Chong's property, which would become the rear yard for that house; he further advised that no changes had been made to Block "C" and would remain as originally proposed. 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 a negative response in opposition to the applicati )n. Mr. Peter Grandoni questioned whether the weeping tile would be draining into the sanitary or would there be sump pumps into the storm sewers; expressed concerns regarding the capacity of the Kalar Ro~d Pumping Station and whether the development backed onto the Shdner's Creek wooded area. He was advised by the Director of Municipal Works that the sumps would be directed to the storm sewers and further, that the development would not back onto Shriner's Creek. Mr. Richardson requested that Council approve the proposal and that Recommendation ~4 be deleted from the report and that the by-law be processed. In response to questions raised, Mr. Louie Buordolone provided information on the advantages and disadvantages of 9 metre setbacks versus 6 metre setbacks, and advised that a setback of 6 metres could be more easily accommodated. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-3/99, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted and further, that the single family home be moved to the south to accommodate the large tree in the area, along with a 6-metre setback from Mr. Chong's property and that RecommendatiOn No. 4 be deleted from the report. Carried Unanimously. PD-2000-43 - Chief Administrative Officer - Re: Official Plan Update; Response to Public Input, The report recommends that Council direct staff to proceed with the Official Plan update as outlined in this report. The Director of Planning and Development reviewed the report, provided an outline of the timeframe for the update and advised that a status report would be provided if the timeframe would change. Discussions ensued with respect to brewnfield sites; the schools and parks plans; the Niagara Parks Commission property policies on land use planning issues; pedestrian and bicycle circulation trails; the development of off-road recreational trails and on-road bicycle routes; the inclusion of alternate modes of transportation, bicycle storage and parking facilities. 11 - Mr. Peter Grandoni submitted - Communication No. 137. The communication expresses his concerns dealing with Shriner's Creek Valley and its tributaries and the designation of water course lands. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted and further that the implementation of a Trails and Bikeway Master Plan be included. Carried Unanimously. PD-2000.69 - Chief Administrative Officer - Re: Request for Designation; Bampfield Hall, 4761 Zimmerman Avenue. The report recommends that Council authorize staff to initiate proceedings to designate 4761 Zimmerman Avenue as a property under Part IV of the Ontario Heritage Act. ORDERED on the motion of Alderman Wing, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. Discussions were held regarding heritage policies and the lack of strong Federal and Provincial support towards the designation and preservation of historic properties. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the matter be referred to staff for a report on what can be done to encourage the designation and preservation of historic properties. Carried Unanimously. PD-2000-70 - Chief Administrative Officer - Re: Landscaping Standards for Surface Parking Lots. The report recommends the following: That Council direct staff to update design guidelines contained in the Tourist Area Development Strategy to include a 20-foot landscape buffer strip between parking lots/structures and abutting residential properties; That Council authorize staff to investigate revisions to the Zoning By-law to implement the guidelines contained within the Tourist Area Development Strategy as it relates to landscaping within and around surface parking lots; 3. That Council have staff initiate the necessary revisions to the Site Plan Control Standards Manual. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES Alderman Ioannoni requested that the Minutes of May 29, 2000 be amended to reflect her opposition to Report PD-2000-60. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczy, that the Minutes of the Regular Council meeting of May 29, 2000 be adopted as amended. Carded Unanimously. 12 - DEPUTATION~ Body Rub Parlours Chris Rudan, 8870 Lundy's Lane and his associate, Danny Rakocevic, advised as having been successful at the first lottery for a body rub licence and then having lost the licence when the by-law had been struck down; they expressed concems with respect to the costs they had incurred in renovations and upgrades as a result of having obtained the first licence and requested that consideration be given to obtain another body rub licence. The City Solicitor provided a brief overview of the events and the process leading to the first lottery for a body rub licence; discussed the litigation that ensued with respect to the first by-law regulating body rub pariours; the procedures and public notification process dealing with the new body rub by-law. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alden-nan Volpatti, to refuse the request to give consideration for a body rub licence. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Streamlining Council Agendas His Worship Mayor Thomson referred to the Region's system of dealing with requests for endorsation of resolutions and advised that the municipality would be adopting a similar system whereby requests for resolutions would be placed in the Information for Council package, and if an Alderman felt that a resolution required endorsation and was meaningful to Council, a motion could be brought forward to endorse such a resolution at the Council meeting. Niagara Falls Secondary_ School His Worship Mayor Thomson advised that the June 9th, 2000 deadline had passed and that no bids had been received on Niagara Falls Secondary School; he indicated that the School Board would be entedng into an agreement with both the Kiwanis and the Niagara Concerts organizations in order to continue on at the same costs for the Kiwanis Festival; he further advised that there was an interested party who would be looking to lease the property in order to provide entertainment catering to the tourism trade. The Marriott Fallsview Expansion Application His Worship Mayor Thomson distributed photos of an architect's rendition of the past and present applications of the Marriott Fallsview expansion and new hotel to members of Council. 13 - COMMUNICATIONS Communication No. 138 - Federation of Canadian Municipalities - Re: Proclamation. The communication requests that Council proclaim June 21~t, 2000 as "National ^bodginal Day" in the City of Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by ^lde..an Feren, that the request be approved. Can~ed Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Approval of the May 29, 2000 Community Services Committee Minutes; MW-2000-60 - Billboard, Mountain Road Landfill - that the matter of the billboard sign located at the Mountain Road Landfill Site be deferred until a written decision from the MOE can be obtained on this matter; MW-2000-59 - Mountain Road Landfill Debagged Leaves Collection Contract - that infocmation be received on Mountain Road Landfill Debagged Leaves Waste Collection Contract; MW-2000-62 - Public Liaison Committee - Mountain Road Landfill - that the Mountain Road Landfill Public Liaison Committee be maintained until the end of 2002; MW-2000-61 - Consulting Services Agreement - R. M. Loudon Ltd. - Water Rate Study - that the City of Niagara Falls enter into a Consulting Services Agreement for the Water Rate Study with R.M. Loudon Ltd., for the upset limit of $23,000, plus G.S.T.; MW-2000-64 - 6499 Cleveland Street - that the Chief Building Official be authorized to call tenders for the demolition of the unsafe dwelling at 6499 Cleveland Street; FS-2000-07 - Purchase Pumper Tanker Truck - to authorize to purchase a new triple combination side mount pumper/tanker truck from Superior Emergency Vehicles at a total cost of $232,812, plus tax - Alderman Michalczyk - conflict; FS-2000-08 - By-Law To Reduce False Fire Alarms - to authorize enactment of a by-law to reduce unnecessary false fire alarms - Alderman Michalczyk - conflict; FS-2000-09 - Tanker Shuttle Exercise - that information be received on the tanker shuttle exercise; and the approval of the action of staff to follow through with the purchase of the tanker/pumper in order that the City will be able to comply with the requirements of the Fire Underwriter's Service - Alderman Michalczyk - conflict; 10. R-2000-37 - Funding of Skateboard Facility - Chippawa Lions Park - that the report be deferred; and that the Mayor, Ed Lustig and Adele Kon make the appropriate contacts with those who would be able to expedite the process in order to obtain earlier advancement of funds for this project; - 14- 11. Request from Cannon Greco Management Limited for Relief from Tipping Fees for September 16~ and September 18th, 2000 Rotary Club - Art & Craft Show - approval of the request for waiving of tipping fees for the September 16th to September 18, 2000 Rotary Club of Niagara Falls Sunrise Art & Craft Show; 12. New Business: - that staff report back regarding distribution to Councillors of the Public Services Committee Meeting Minutes. The motion Carried with Alderman Michalczyk abstaining from the vote on Reports FS- 2000-07; FS-2000-08 and FS-2000-09 on a conflict of interest previously noted and with all others voting in favour. See By-law No. 2000-120 MW-2000-56 - Chief Administrative Officer - Re: Contract 2000-02, 2000 Sidewalk and Concrete Repairs. The report recommends that the unit prices submitted by the Iow tenderer, Sacco Construction Ltd., 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. Carried Unanimously. See By-law No. 2000-124 MW-2000-57 - Chief Administrative Officer - Re: Contract 2000-03 - 2000 Asphalt Overlay Program, City Wide. The report recommends that the unit prices submitted by the Iow tenderer, Norjohn Ltd., be accepted and the by-law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-123 MW-2000-58 - Chief Administrative Officer - Re: Security Commissionaires Letter of Agreement. The report recommends that Council approve the renewal of the present "Letter of Agreement" for the security services provided by the Canadian Corps of Commissionaires (Hamilton) for the period covering January 1, 2000 to December 31, 2000. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimo~l~ly. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Nderman Feren, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the May 29, 2000 Corporate Services Committee Minutes; F-2000-37 - Municipal Accounts - that Council approve the municipal accounts totalling $437,357.16 for the period ending June 12, 2000 - Aldermen Craitor and Wing conflict; F-2000-38 - Claims Adjustment Services Proposal - that the City of Niagara Falls enter into a three-year agreement with Crawford Adjusters Canada for the provision of insurance claims adjusting services - Mayor Thomson opposed; 15 - Correspondence - Niagara Falls "Out of the Cold" Request to participate in fund raising event - that the City purchase a table at a cost of $750.00 for the "Out of the Cold" fund raising event on June 20th, 2000; That staff working in conjunction with local and regional organizations, prepare a comprehensive report on the status of the poor and homeless in Niagara Falls; 6. That staff provide recommendations on a more timely method of identifying new housing units for assessment purposes. The motion Carried with Aldermen Craitor and Wing abstaining from the vote on Report F- 2000-37 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-129 L-2000-47 - Chief Administrative Officer - Establishment of Daylighting Triangle, as a Public Highway, Schaubel Road, The report recommends that the daylighting triangle at the comer of Schaubel Road and Willow Road, described as Part 2 on Reference Plan No. 59R-11099, be established as a public highway to form part of Schaubel Road. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carded Unanimously. See By-law No. 2000-125 L-2000-48 - Chief ,Administrative Officer - Re: Authorization to proceed with the Closing of Part of Laneway Running Parallel to Broughton Avenue between Buttrey Street and Ferguson Street. The report recommends that staff be authorized to proceed with the closing of part of the unopened laneway running parallel to Broughton Avenue between Buttrey Street and Ferguson Street. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L-2000-49 - Chief Administrative Officer - Re: Miano Encroachment Agreement with the City; 4941 McRae Street/5210 Second Avenue. The report recommends that the continuation of the encroachment of part of a building at 5210 Second Avenue, as set out in heavy outline on the.plan attached, be permitted. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-126 RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Committee of the Whole, earlier this evening be approved: That the offer to purchase from the Canadian Corp Association regarding 4674 Ferguson Street (the former Provincial Crane Office Building) in the amount of $20,000 be accepted without any conditions; 2. That Council approve the modification of complement from two (2) contract and one (1) part time staff member to three (3) full time employees in the Building Division. Carried Unanimously. See By-law No. 2000-130 16- 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: 2000-119 A by-law to amend By-law No. 79-200, as amended. (Re: 5610 Fraser Street, AM-08/2000) 2000-120 A by-law to authorize the execution of a consulting agreement with R.M. Loudon Ltd. Respecting the water rate study for the universal water metedng program. 2000-121 A by-law to authorize and confirm the execution of a Form of Tender to purchase Maple Street School property from the Distdct School Board of Niagara for the tendered purchase pdce of $250,000.00. 2000-122 A by-law to impose fees and charges for services and activities provided or done by the Fire Department of the City of Niagara Falls. 2000-123 A by-law to authorize the execution of an agreement with Norjohn Limited respecting 2000 Asphalt Overlay Program - City Wide.(Re: Report MW-2000-57) 2000-124 A by-law to authorize the execution of an agreement with Sacco Construction Limited respecting 2000 Sidewalk & Concrete Repairs - City Wide. (Re: Report MW-2000-56) 2000-125 A by-law to establish Part 2 on Reference Plan No. 59R-11009, as a public highway, to be known as and to form part of Schaubel Road. (Re: Report L-2000-47) 2000-126 A by-law to authorize an Encroachment Agreement with Dora Miano for the purpose of permitting the encroachment of part of a building unto Second Avenue road allowance. (Re: Report L-2000-49) 2000-127 A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/99, Panoramic Hospitality Inc.) 2000-128 A by-law to amend By-law No. 79-200, as amended. (Re: AM- 07/2000, Towertropolis Inc.) 2000-129 A by-law to authorize monies for General Purposes (June 12, 2000) 2000-130 A by-law to authorize the acceptance of an offer of the Canadian Corps Association to purchase 4674 Ferguson Street for $20,000. The motion Carded with Alderman Volpatti abstaining from the vote on By-law 2000-19 on a conflict of interest previously noted; and Aldermen Craitor and Wing abstaining from the vote on conflicts of interest on By-law No. 2000-129 and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 2000-1t9 A by-law to amend By-law No. 79-200, as amended. (Re: 5610 Fraser Street, AM-08/2000) 17 - 2000-120 A by-law to authorize the exec~ution of a consulting agreement with R.M. Loudon Ltd. Respecting the water rate study for the universal water metedng program. 2000-121 A by-taw to authorize and confirm the execution of a Form of Tender to purchase Maple Street School property from the District School Board of Niagara for the tendered purchase pdce of $250,000.00. 2000-122 A by-law to impose fees and charges for services and activities provided or done by the Fire Department of the City of Niagara Falls. 2000-123 A by-law to authorize the execution of an agreement with Norjohn Limited respecting 2000 Asphalt Overlay Program - City Wide.(Re: Report MW-2000-57) 2000-124 A by-law to authorize the execution of an agreement with Sacco Construction Limited respecting 2000 Sidewalk & Concrete Repairs - City Wide. (Re: Report MW-2000-56) 2000-125 A by-law to establish Part 2 on Reference Plan No. 59R-11009, as a public highway, to be known as and to form part of Schaubel Road. (Re: Report L-2000-47) 2000-126 A by-law to authorize an Encroachment Agreement with Dora Miano for the purpose of permitting the encroachment of part of a building unto Second Avenue road allowance. (Re: Report L-2000-49) 2000-127 A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/99, Panoramic Hospitality Inc.) 2000-128 A by-law to amend By-law No. 79-200, as amended. (Re: AM- 07/2000, Towertropolis Inc.) 2000-129 A by-law to authorize monies for General Purposes (June 12, 2000) 2000-130 A by-law to authorize the acceptance of an offer of the Canadian Corps Association to purchase 4674 Ferguson Street for $20,000. The motion Carded with Alderman Volpatti abstaining from the vote on By-law 2000-19 on a conflict of interest previously noted; and Aldermen Craitor and Wing abstaining from the vote on conflicts of interest on By-law No. 2000-129 and with all others voting in favour. NEW BUSINESS John School Financial Bogk~ Alderman Puttick referred to comments previously made regarding the provision of the financial books from the John School. Alderman Ioannoni provided clarification on the matter and advised that she was acting as a Director of the organization and not as a volunteer. Following the discussion, Alderman Puttick advised that he was satisfied with the response provided and would not be pursuing the matter any further. 18- World Ball Hockey Cham_oionshi_os Alderman Feren advised members of Council that Michael and Robert Orr, had been chosen to represent Southern Ontario at the World Ball Hockey Championships in the Czech Republic City of Prague, and requested that a donation of $250.00 each be provided to each of them toward their travelling expenses. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that a donation of $250.00 each be donated to Michael and Robert Orr, toward their travelling expenses to the Wodd Ball Hockey Championships in the City of Prague. Carried Unanimously. Longest Day of Golf Alderman Craitor provided information on the special fundraising event for the Canadian Cancer Society entitled the "Longest Day of Golf" being held on June19th and invited community support through pledges to the event. Barbeaue for Hearing Impaired Children Alde¢[¥~an Craitor informed that a Barbeque for Headng Impaired Children would be held at Connie's Deli on June 24th, 2000 in an effort to raise funds to assist headng impaired children and invited everyone to attend. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carded Unanimously. READ AND ADOPTED, R. O. KALLIO, ACTING CITY CLERK WAYNE THOMSON, MAYOR SIXTEENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2A June 26, 2000 Council met on Monday, June 26, 2000 at 6:00 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Feren, 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 June 26, 2000 Council met on Monday, June 26, 2000 at 7:35 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Feren, were present. Alderman Ed Michalczyk offered the Opening Prayer. ADOPTION OF MINUTES His Worship Mayor Thomson, on behalf of Alderman Feren, requested that the Minutes of June 12, 2000 Planning/Regular Meeting be amended as Alderman Feren, the Mover of the motion to Report PD-2000-67, had previously declared a conflict of interest on the matter; Alderman Puttick indicated he would move the motion to Report PD-2000- 67 and the Minutes would reflect that motion. ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the Minutes of the Planning/Regular Meeting of June 12, 2000 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Orr indicated a pecuniary interest from the Council meeting of June 12, 2000, on the matter dealing with a donation to Michael and Robert Orr to attend the World Ball Hockey Championships because the recipients are her nephews. Alderman Craitor indicated a pecuniary interest on Report F-2000-43, Cheque Nos. 252090, 252248; 252249 because a member of his family is employed by the Region; and on Cheque No. 252067 because he is the recipient; and on Report CD-2000-17 because he is a member of an organization that is involved with Bingos. Alderman Michalczyk indicated a pecuniary on Report MW-2000-70, and on Report F-2000-43, Cheque No. 252101 and 252289 because of his ongoing lawsuit and investigation; and on Cheque Nos. 252105; M93004; Report Nos. L-2000-53 and CD-2000- 17 because he is a volunteer firefighter. Alderman Orr indicated a pecuniary interest on Report F-2000-43, Cheque Nos. 252154 and 252155 because the recipients are members of her family. Alderman Volpatti indicated a pecuniary interest on Report PD-2000-76 because a member of her family is employed by the applicant. Alderman Wing indicated a pecuniary interest on Report F-2000-43, Cheque Nos. 252265 and M93003 because she is an Officer of the organization involved. His Worship Mayor Thomson indicated a pecuniary interest on a sign matter from Committee of the Whole. PRESENTATIONS His Worship Mayor Thomson and Alderman Paisley Janvary-Pool congratulated and presented the 1999-2000 City of Niagara Falls Environmental Award to Joan Brunt, Commissioner, Niagara Parks Commission, in recognition for its Project Green Initiative and longstanding involvement in environmental stewardship. Firefi_~htera Auto Extrication Team Members of the Firefighters Auto Extrication team would attend at a future date. DEPUTATIONS Canadian Red Cros~ Mr. Richard Bearas, President, local Niagara Falls Red Cross Branch, referred to changes in the Red Cross organization and introduced Ms. Sherry Atallah, Community Services Co-Ordinator who provided information on the Red Cross initiatives internationally and locally, which included International services, disaster services at home and abroad and fund development; she advised that through training, education and public presentation, the community would be prepared for any emergency that could arise. Ms. Atallah thanked members of Council for the opportunity to bring the information to the community. Ste_~ by Ste_o Organ Transr)lant Association Mr. Bill Smeaton referred to the tissue and organ donor memorial at Fairview Cemetery and recognized Ms. Cynthia Roberts and staff for their efforts and involvement in that regard; he commented on the vast technical, medical advances but the lack of public awareness dealing with organ donations and introduced Mr. George Marcello, Step by Step Organ Transplant Association, a liver transplant recipient, who provided some personal background information; - 3 - advised that he was walking across Canada to promote organ transplant donations; referred to the development of a "mutual consent" program; the establishment of an organ donor Registry and the acknowledgement of donor families for their precious gift; commented that the "Torch of Life" would represent the hope, harmony and a spirit of the continuance of life and encouraged community participation through organ donations. Following the presentation, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that $1,100 be donated to the Step by Step Organ Transplant Association. Carried Unanimously. Robertson Amusements Ltd. Mr. Chris Pattie, Robertson Amusements Ltd., provided background information regarding the operation of a Travelling Theme Park in Niagara Falls for the month of July at Cyber Sport and requested that Council consider permitting the issuance of a licence to operate the theme park. - AND - Communication No. 139 - Inter-Departmental Memorandum from the Senior Zoning Administrator. The communication provides comments with respect to zoning and licensing approvals. The Director of Planning and Development provided clarification on the matter and advised that the zoning by-law prohibited a carnival as a permitted use within a Tourist Commercial zone. In response to questions raised, the City Clerk advised that "Ride Niagara" was considered to be an interactive movie and not a ride. The Director of Planning and Development advised this matter would be considered a zoning by-law amendment which would require a minimum of two months to be dealt with. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderi~an Volpatti, that the application be denied. The motion Carried with Alderman Michalczyk voting contrary to the motion and with all others voting in favour. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARK~ Letter of Ap=reciation His Worship Mayor Thomson commented on a recent incident involving an employee, who had some food lodged in his throat and due to the quick thinking of co- worker, Tom Vicary, of the Parks Department, saved the life of John Himes. Mayor Thomson requested that a letter of appreciation be forwarded to Tom Vicary, for his quick thinking and reaction to the situation.. ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that a letter of appreciation be forwarded to Tom Vicary, of the Parks Department, for his quick thinking and reaction in the saving of a fellow worker's life. Carried Unanimously. Prcvince-Wide Moratorium on Liquid Manure Facilities His Worship Mayor Thomson requested that correspondence regarding Province- wide Moratorium on Liquid Manure Facilities be placed on the next Council agenda. I~est Civic Float Award Mayor Thomson advised that the City's float had been entered in the Welland Rose Festival Parade and had won the Best Civic Float award; he congratulated all those involved and requested that the plaque be placed in a prominent place. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the actions taken in Community Services Committee, earlier this evening, be approved: Adoption of the June 12, 2000 Community Services Committee meeting Minutes; R-2000-42. Request to allow the encroachment of an Ornamental Fence - 4851 River Road - that the request for an ornamental fence encroachment be approved in principal, subject to all departments being circulated for comment and being in favour of such fence encroachment; and that the request be referred to the City Solicitor and Engineering staff in order that they can assist Mr. Burke in accomplishing his objectives; R-2000-4'1 - Request for tree removal, 6302 Taylor Street - that the issue of removal of the maple tree located on City property in front of the residence at 6302 Taylor Street be deferred until staff can provide more information on the matter - Alderman Craitor and Mayor Thomson opposed; Commercial Parking Lot Licence Application, 5249 Victoria Avenue - that the issue of the required traffic signal for a commercial parking lot to operate at 5249 Victoria Avenue be deferred until Mr. Stevens can attend a Committee Meeting on this matter; R-2000-40 - George Bukator Park - that the matter of George Bukator Park be referred to staff for a report back to Committee and that some metal signs be installed as an interim measure, advising the public of fines involved for any infractions which take place in the park; MW-2000-66 - Construction of Sidewalk; St Patrick Avenue - Russell Street to O'Neil Street. Clearance of Condition ~4 - that the City not proceed with the extension of the sidewalk on the east side of St. Patrick Avenue between Russell Street and O'Neil Street; MW-2000-69 - Sign Application Variance Tim Hortons, 5223 Stanley Avenue - approval of the application for a thirty (30) foot high ground sign at 5233 Stanley Avenue for Tim Hortons- Alderman Michalczyk conflict; Alderman Puttick, opposed; MW-2000-70 - Sign Application Variance, Hershey's, 5685 Falls Avenue - approval of the application for a forty (40) foot high projecting sign at 5685 Falls Avenue for Hershey's - Conflict: Alderman Michalczyk. The motion Carried with Alderman Puttick voting contrary to the motion on Report MW- 2000-69 and Alderman Michalczyk abstaining from.the vote on Report MW-2000-69 and MW-2000-70 on a conflict of interest and with all others voting in favour. MW-2000-68 - Chief Administrative Officer - Contract 2000-09, 2000 Crack Sealing Program, City Wide. The report recommends that the unit prices submitted by the Iow tenderer, 788893 Ontario Ltd., aka Niagara Crack Sealing, 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. Carried Unanimously. See By-law No. 2000-136 R-2000-38 - Chair, Canada Day Committee - Re: R-2000-38, Canada Day, Free Swimming. The report recommends that Council authorize free swimming at the four (4) Municipal Pools on Saturday, July 1st, 2000 as part of the celebrations planned for Canada's 133~ Birthday! ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received an adopted. Carried Unanimously. R-2000-39 - Chair, Canada Day Committee - Re: Canada Day 2000. The report recommends that this report be received and filed for information. Alderman Craitor provided a brief overview of the events being held on Canada Day and invited everyone to attend. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and filed for information. Carried Unanimously. Alderman Craitor requested that a letter of appreciation be forwarded to Mr. Dan D'Amico, Chairman of the Longest Day of Golf, for his involvement in the fundraising event for the Canadian Cancer Society. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ioannoni, that a letter of appreciation be forwarded to Mr. Dan D'Amico, Chairman of the Longest Day of Golf, for his involvement in the fundraising event for the Canadian Cancer Society. Carded Unanimously, RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that the actions taken in Corporate Services Committee, earlier this evening, be approved: Adoption of the June 12th, 2000 Corporate Services Committee meeting Minutes; An Act to Promote Efficiency in the Municipal Electrical Sector and to Protect Consumers from Unjustified Rate Increases - that staff provide a report on the implications of the new Municipal Electrical Sector legislation on the City's General Operating and Capital Budgets and further, that a resolution be forwarded to the Province condemning the actions that have taken place around this issue; F-2000-41 - Community Rsinvestment Fund (CRF) - that Report F-2000-41 detailing the actual use of the Community Reinvestment Fund 1999 allocation and planned use of 2000 allocation, be received for information; F-2000-42 - Charitable Donation Receipts for Income Tax Purposes - that the policy for issuance of Charitable Donation Receipts for Income Tax purposes be endorsed; o F-2000-43 - Municipal Accounts - that the Municipal Accounts totalling $1,686,583.50 for the period ending June 26, 2000 be approved; F-2000-44 - Cancellation, Reduction or Refund of Taxes under Sections 442 and 443 of the Municipal Act - that the cancellation, reduction or refund of taxes on the accounts listed, be approved and granted to the individuals listed; HR-2000-04 - Computer and Voice Mail Policies - that the policies for acceptable use for Internet Access and Computer Systems and acceptable use for Voice Mail, be endorsed. The motion Carried with Aldermen Craitor, Michalczyk, Wing and Orr abstaining from the vote on Report F-2000-43 on conflicts of interest previously noted and with all others voting in favour. See Resolution No. 15 See Resolution No. 16 See Resolution No. 17 See By-law No. 2000-141 PD-2000-71 - Chief Administrative Officer - Re: Application for Sits Plan Approval; SPC-2312000, 2886 Stanley Avenue; Proposed Mini-Storage Warehousing. The report recommends that Council approve the site plan for a proposed 24,400 square foot mini- storage warehouse facility on the northeast corner of Stanley Avenue and Church's Lane. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-2000-72 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-20/2000, 6733 Oakes Drive; Comfort Suites Hotel Development. The report recommends that Council approve the site plan for the Comfort Suites Hotel development at 6733 Oakes Drive. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD-2000-73. Chief Administrative Officer - Re: Request for Removal of Part Lot Control; 865318655 & 865918661 Willoughby Drive; Part of Lots 19 & 20, Registered Plan 264. The report recommends the following: That Council approve the request and pass the appropriate by-law to designate Lots 19 and 20, Registered Plan 264, as exempt from Part Lot Control; 2. That the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-137 PD-2000-74 - Chief Administrative Officer - Re: Minutes of Settlement; Appeal to Zoning By-law No. 2000-59; City File: AM-0112000, 7190 Morrison Street; Walmart Plaza; Firet Niagara Development Ltd. The report recommends the following: That Council concur, by resolution, that the change proposed to By-law No. 2000-59 and terms of the Minutes of Settlement are acceptable; - 7 - That the Mayor and Clerk or designates beauthorized to sign the Minutes of Settlement; 3. That staff be directed to advise the Ontario Municipal Board of Council's decision. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion and with all others voting in favour. See Resolution No. 14 PD-2000-75 - Chief Administrative Officer - Re: Request for Change of Conditions; Recine Court Draft Plan of Subdivision; 26T-11-2000-02. The report recommends the following: That Council delete Condition #11 (walkway connection) and Condition #5 (sidewalks) of draft approval for the Recine Court Plan of Subdivision; 2. That Council dete~[-~ine that the change of conditions is minor and no further public notification is required. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD-2000-76- Chief Administrative Officer - Re: Appeals to Zoning By-law Nos. 2000- 103 & 2000-105; City File: AM-1112000; The Ritz Motel Limited, Victor Menechella, President; 6740 Oakes Drive & Lands North side of Dunn Street. The report recommends that Council reaffirm, by resolution, the passing of By-law Nos. 2000-103 and 2000-105 and staff proceed to submit the appeals to the Ontario Municipal Board. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted; Alderman Wing voting contrary to the motion and with all others voting in favour. See Resolution No. 13 PD-2000-77 - Chief Administrative Officer- Residential Development to the Northwest Community. The report recommends that Council receive and file this report for information purposes and for consideration during future residential development in the Northwest Community. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and filed. Carried Unanimously. PD-2000-78 - Chief Administrative Officer - Authorization for Mayor and Clerk to Affix Corporate Seal to Subdivision Agreements. The report recommends that Council approve the by-law to permit, for a limited time, the authorization and the affixation of the corporate Seal to subdivision agreements and any grants of easements, conveyance and other agreements and documents required for said subdivision to be executed by the Mayor and Clerk conditional upon the city receiving all the required information in a form satisfactory to staff. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-142 CD-2000-17 - Chief Administrative Officer - Re: Municipal Bingo Policy. The report recommends that Council approve the municipal bingo policy, as revised. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, 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. L-2000-50 - Chief Administrstive Officer. Re: Street Name Change Part of Edgeworth Road to be changed to Weinbrenner Road. The report recommends that staff be authorized to proceed with changing the name of part of Edgeworth Road to Weinbrenner Road. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L-2000-62 - Chief Administrative Officer - Re: Authorize Acceptance of Conveyance from Vanfoort Estate to the City; Lots 329, 330 and 331 Plan No. 337; East side of Huron Boulevard; Our File No.: 2000-95. The report recommends to authorize the acceptance of a conveyance from the Vantfoort Estate of Lots 329, 330 and 331 on Plan No. 337, on the east side of Huron Blvd., for nominal consideration. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-140 L-2000-53 - Chief Administrative Officer - Re: Agreement with the Owners of 4364 Kalar Road for a Temporary Training Site for Niagara Falls Fire Department; Our File No.: 2000-166. The report recommends that Council authorize an agreement with 262504 Cosmetics Inc. and Riverview Homes (Niagara) Ltd. To permit the Niagara Falls Fire Department to temporarily use the property and house located at 4364 Kalar Road for the training of its firefighters. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-138 RATIFICATION OF COMMITTEE-OF-THE-WHOLE MATTERS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the actions taken in Committee of the Whole, earlier this evening be approved: - That Council accepts the reconveyance of Lot #72, Bridgewater Street from Mr. & Mrs. McGirr upon payment by the City of the original purchase price and further, to reimburse Mr. & Mrs. McGirr for expenses and costs up to the amount of $10,000 upon satisfactory proof or documentation; conditional upon receiving from the McGirrs, a written, final release in a form that is satisfactory to the City Solicitor. The motion Carried with Aldermen Volpatti and Puttick voting contrary to the motion and with all others voting in favour. NO. 13 - PIETRANGELO. IOANNONI - BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms its support of By-law Nos. 2000-103 and 2000-105, notwithstanding the objections received from Steven Latinovich on behalf of Hellas Enterprises Limited and Mr. V. F. Muratori on behalf of the Niagara Parks Commission. AND BE IT RESOLVED THAT By-law No. 2000-105 should have referred to By-law No. 2000-103 in Sections 2 and the third line of Section 3, not By-law No. 2000-105, and that the City Clerk be directed to make the necessary changes to the By-law. AND The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest; and Alderman Wing voting contrary to the motion and with all others voting in favour. - 9 - NO. 14- JANVARY-P00L- CRAITOR- BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines that the changes proposed to By-law No. 2000-59 (AM-01/2000) and the MinuteS of Settlement proposed by the Applicant (First Niagara Developments Limited) and the Appellant (River Realty Development (1976) Inc.) are acceptable. AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion and with all others voting in favour. NO. 15 - VOLPATTI - PIETRANGELO - WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; AND WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; AND WHEREAS the Province has requested this information by June 30, 2000; AND WHEREAS the Ministers of Finance and Municipal Affairs & Housing have requested that each municipality prepare a report on the planned use of the 2000 CRF allocation; AND NOW THEREFORE LET IT BE RESOLVED THAT the Municipality of Niagara Falls intended to use the 2000 CRF allocation in ways described in the attached report and, FURTHERMORE, THAT the attached report forms part of the resolution of Council. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 16 -VOLPATTI - PIETRANGELO - WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS the Province has requested this information by June 30, 2000; AND WHEREAS, the Ministers of Finance and Municipal Affairs & Housing have requested that each municipality submit an electronic copy of a forecast of the 2000 continuity of reserves and reserve fund schedule (FIR Schedule 10); AND NOW, THEREFORE, LET IT BE RESOLVED THAT the Municipality of Niagara Falls has complied with the Ministers' request and has attached the electronic copy of a forecast of the 2000 continuity of reserves and reserve fund schedule (FIR Schedule 10) to this resolution; AND, FURTHERMORE, THAT the schedule forms part of the resolution of Council of the municipality of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 17 - VOLPATTI - PIETRANGELO - WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; AND WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; AND WHEREAS, the Province has requested this information by June 30, 2000; AND WHEREAS the Ministers of Finance and Municipal Affairs & Housing have requested an electronic copy of a forecast of the Year 2000 Capital fund operations (FIR Schedule 5); AND NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls has complied with the Ministers' request and an electronic copy of a Forecast of the Year 2000 Capital fund operations (FIR Schedule 5) forms part of this resolution; AND FURTHERMORE, THAT the schedule forms part of the resolution of Council of the municipality of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 2000-131 A by-law to authorize the execution of an agreement with 828384 Ontario Limited operating as Design Electronics respecting the installation of the security system at City Hall. 2000-132 A by-law to authorize the execution of an agreement with F.J. Galloway Associates Inc. respecting a review of the City's involvement with the YWCA, Project Share and Niagara South Women's Place. 10- 2000-133 A by-law to amend By-law No. 79-200, as amended. (Re: AM-05/99) 2000-134 A by-law to amend By-law No. 79-200, as amended. (Re: AM-12/2000, Roger Kucy). 2000-135 A by-law to amend By-law No. 79-200, as amended. (Re: AM-35/99, Donald May) 2000-136 A by-law to authorize the execution of an agreement with 788893 Ontario Limited operating business as Niagara Crack Sealing respecting the 2000 Crack Sealing. 2000-137 A by-law to designate Lots 19 and 20 on registered Plan No. 264 notto be subject to part lot control. 2000-138 A by-law to authorize the execution of an agreement with 262504 Cosmetics Inc. and Riverview Homes (Niagara) Ltd. To permit the Niagara Falls Fire Department to enter upon the lands municipally known as 4364 Kalar Road to carry out training activities related to the duties of its firefighters. 2000-139 A by-law to authorize execution of documents necessary to complete the conveyance of 4674 Ferguson Street to Canadian Corps Veterans Association Unit 104. 2000-140 A by-law to authorize the acceptance of a conveyance from the Estate Trustees of the Estate of Edith Vanfoort of Lots 329, 330 and 331 on deregistered Plan No. 337 located on the east side of Huron Blvd. 2000-141 A by-law to authorize monies for General Purposes (June 26, 2000). 2000-142 A by-law to authorize the Mayor and Clerk to execute Subdivision Agreements and other documents pertaining to Subdivisions. The motion Carried with Aldermen Wing, Orr, Craitor, and Michalczyk abstaining from the vote on By-law No. 2000-141 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the following by-laws be now read a second and third time: 2000-131 A by-law to authorize the execution of an agreement with 828384 Ontario Limited operating as Design Electronics respecting the installation of the security system at City Hall. 2000-132 A by-law to authorize the execution of an agreement with F.J. Galloway Associates Inc. respecting a review of the City's involvement with the YWCA, Project Share and Niagara South Women's Place. 2000-133 A by-law to amend By-law No. 79-200, as amended. (Re: AM-05/99) 2000-134 A by-law to amend By-law No. 79-200, as amended. (Re: AM-12/2000, Roger Kucy). 2000-135 A by-law to amend By-law No. 79-200, as amended. (Re: AM-35/99, Donald May) 2000-136 A by-law to authorize the execution of an agreement with 788893 Ontario Limited operating business as Niagara Crack Sealing respecting the 2000 Crack Sealing. 11 2000-137 A by-law to designate Lots 19 and 20 on registered Plan No. 264 not to be subject to part lot control ~ ;~ 2000-138 A by-law to authorize the execution of an agreement with 262504 Cosmetics Inc. and Riverview Homes (Niagara) Ltd. To permit the Niagara Falls Fire Department to enter upon the lands municipally known as 4364 Kalar Road to carry out training activities related to the duties of its firefighters. 2000-139 A by-law to authorize execution of documents necessary to complete the conveyance of 4674 Ferguson Street to Canadian Corps Veterans Association Unit 104. 2000-140 A by-law to authorize the acceptance of a conveyance from the Estate Trustees of the Estate of Edith Vanfoort of Lots 329, 330 and 331 on deregistered Plan No. 337 located on the east side of Huron Blvd. 2000-141 A by-law to authorize monies for General Purposes (June 26, 2000). 2000-142 A by-law to authorize the Mayor and Clerk to execute Subdivision Agreements and other documents pertaining to Subdivisions. The motion Carded with Alde~en Wing, Orr, Craitor, and Michalczyk abstaining from the vote on By-law No. 2000-141 and with all others voting in favour. NEW BUSINESS Porta_ee Road Alderman Ed Michalczyk expressed concerns with respect to the condition of Portage Road and requested that the matter of repairing the road be looked into. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that a report be prepared by staff regarding the condition of Portage Road, the costs involved. Carried Unanimously. Fort Erie Friendshi_= Trail Alderman Selina Volpatti referred to the opening of the Friendship Trail in Fort Erie and requested that a letter of congratulations be forwarded on to the Town of Fort Erie for their initiative on the opening of their Friendship Trail. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that a letter of congratulations be forwarded to the Town of Fort Erie for their initiative on the opening of their Friendship Trail. Carried Unanimously. Closure of the Niagara Detention Centre Alderman Janice Wing referred to correspondence received from the Minister of Correctional Services in response to Mayor Thomson's letter regarding the proposed closure of the Niagara Detention Centre and requested that a letter be forwarded to the Minister of Correctional Services challenging their statements that the closure of the detention centre will have "no negative impact" on community safety. ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that a letter be forwarded to the Minister of Correctional Services challenging their statements that the closure of the Niagara Detention Centre would have no negative impact on community safety. Carried Unanimously. 12- ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON MAYOR SEVENTEENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 July 17, 2000 Council met on Monday, July 17, 2000 at 6:15 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Pietrangelo, who was away on vacation, were present. Alderman Carolynn Ioannoni presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole rose to report in open session. READ ANDADOPTED, WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers July 17, 2000 Council met on Monday, July 17, 2000 at 7:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Pietrangelo, who was away on vacation, were present. Alderman Carolynn Ioannoni offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary interest on Report No. R-2000-48 from Corporate Services and on Report No. 2000-50 from Community Services Committee, because she is an Officer of an organization involved; and indicated a pecuniary interest on Report F-2000-47, Cheque No. 252434 because she is an Officer of the organization involved. Alderman Fisher indicated a pecuniary interest on Report No. F-2000-47, Cheque No.252428, because a member of her family is employed by the recipient; and indicated a pecuniary interest on Report PD-2000-87 because she resides in the area. Alderman Volpatti indicated a pecuniary interest on Report No. MW-2000-78, because a member of her family has a business next door. Aide,man Feren indicated a pecuniary interest on Report No. F-2000-47, Cheque No. 252726 because a family member is the owner. Alderman Campbell indicated a pecuniary interest on Report No. F-2000-47, Cheque No. 252410, because the recipient is his employer. Alderman Craitor indicated a pecuniary interest on Report Nos. PD-2000-82 and PD-2000-84 because of the close proximity to his residence; and indicated a pecuniary interest on Report No. F-2000-47, Cheque Nos. 252451; M93024; 252442; 252719; 252460; 252351 and 252403 because a family member is employed by the Region. Alderman Michalczyk indicated a pecuniary interest on Report No. F-2000-47, Cheque No. 252636 because of his ongoing investigation and lawsuit; and on Cheque Nos. 252471 and 252714 because he is a member of the Chippawa Volunteer Fire Department. HaD_Dy 100t~ Birthdayl Reverend Duncan Lyon, from Christ Church, was in attendance to have the Alde:-f-~-~en sign a Book of Greetings, congratulating the Queen Mother on the occasion of her 100th Birthday. Ha0_~y Birthday to Alderman Puttick! Alderman Ken Feren and Mayor Thomson extended congratulations and best wishes on behalf of Council to Alderman Norm Puttick on the occasion of his birthday. PRESENT.a~I'IONS Munici_oal Senior of the Year Award His Worship Mayor Thomson congratuleted and presented the Municipal Senior of the Year Award to Nellie Austin, who has been a big part of the Coronation Centre's Dart Club for the past 12 years; has coached the Special Olympic Bowlers from Niagara Falls for the past 15 years and is a valued voluntee-within the community. DEPUTATIONS Whirl_Pool Bridge Initiatives Mr. Allen Gandell, General Manager, Niagara Falls Bridge Commission, reviewed a slide presentation on the proposed initiatives to deal with traffic volumes of Commercial and Visitor International Bridge traffic and of Customs & Immigration Capacities; and suggested that a resolution be forwarded to the Federal government seeking more resources at the borders, in order to solve some of the problems being encountered; he also assured that the Niagara Falls Bridge Commission was looking forward to working in conjunction with the City and staff towards the project. Following the presentation, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, to endorse the proposal, in principle, to continue discussions with the City and staff to WOrk towards the project as presented. Carried Unanimously, - AND - ; RESOLUTION NO. 18 - FISHER - CAMPBELL - WHEREAS the North American Free Trade Agreement (NAFTA) has eased the passage of goods between Canada and the United States and increased commeme between the two countries; AND WHEREAS NAFTA has contributed to making the Niagara River crossings the 2® busiest commercial port in North Amedca and the busiest passenger port between Canada and the U.S.; AND WHEREAS over 600,000 jobs in Canada are created directly from export trade carded out by trucks crossing the Niagara Bridges; AND WHEREAS the amount of trade activity crossing the Niagara Frontier has a value of $71 billion per year, which accounts for over 20% of trade crossing the Canada-U.S. border; AND WHEREAS a number of indirect jobs are created in a vadety of industries, including toudsm; AND WHEREAS tourism is the largest and fastest growing industry in the world; AND WHEREAS over 25,000 jobs in Niagara depend on toudsm; AND WHEREAS tourism represents an economic impact in Niagara estimated to be $3 billion annually; AND WHEREAS in the Niagara Region, the international bridges along the Niagara River have been the main medium of transportation for this increase in commercial and visitor traffic; AND WHEREAS traffic volumes, commercial vehicles and travellers entering Canada have experienced double digit growth; AND WHEREAS these volumes are projected to continue to increase in the future; AND WHEREAS the economic growth of the Niagara Region is dependent on the relative ease of passage for recreational and commercial travellers; AND WHEREAS traffic delays at border crossing are proven to have a negative effect, especially on the tourism industry; AND WHEREAS insufficient resources have been provided by the Federal Government to hire an appropriate number of permanent Customs Officers in Niagara to handle the significant increase in cross border traffic; AND WHEREAS the Niagara Falls Bddge Commission has invested $35 million into the Canadian plaza at the Rainbow Bddge, increasing the number of pdmary inspection booths from 8 to 15 to handle the increase in vehicles; AND WHEREAS unfortunately, the Federal Govemment has not provided additional funds to hire Customs staff to man these booths or meet needs at the other bddges along the Niagara River. NOW THEREFORE BE IT RESOLVED THAT the Minister responsible for the Canada Customs and Revenue Agency, the Honourable Martin Cauchon, be requested to provide sufficient funding for the hiring of additional, permanent Customs officers for the Niagara River bridges to combat the current, negative impacts as a result of increased cross border traffic; AND FURTHER BE IT RESOLVED THAT the local Members of Parliament, Mr. Gary Pillitted, M.P. and Mr. John Maloney, M.P. be requested to compel the Minister to provide increased resources for additional hiring. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. His Worship Mayor Thomson thanked Mr. Gandell for his presentation and attendance at Council. Co-O0 Housirtg Mr. Glenn Scoff, a resident of Brookside Village Co-op, discussed the advantages of co-op housing; referred to members' participation and community involvement and introduced Mr. Ron Johnson who provided information on the benefits of co-op living. Mr. Scoff advised that as a community, they would welcome the opportunity to work with the municipality to find out how they can operate more efficiently and thanked Council for the opportunity to make his presentation. Following the discussion, it was ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that staff provide an update on the ramifications to the municipality on the matter. Carried Unanimously. Communication No. 140. The Betting Shop, Off Track Betting. The communication requests permission to move the location of the betting Shop from 6119 Main Street to 5824 Main Street. ORDERED on the motion of Alderman Puttick, seconded by Alderi-~an Craitor, that Council has no objection to the request to move the location of the Betting Shop from 6119 Main Street to 5824 Main Street. Carried Unanimously. PLANNING MATTERS PD-2000-79 - Chief Administrative Officer - Re: Zoning By-law Application; AM-2312000, Marcella Serravalle; 8189 Lundy's Lane. recommends the following: Amendment The report That Council approve the Zoning by-law amendment application to broaden the range of uses which are allowed to be established on the land; That the applicant be required to install a suitable manhole at the property line to the satisfaction of the Regional Public Works Department pdor to the passage of the amending by-law. - AND - Communication No. 141 - Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objections to the proposed amendment but comments that sanitary connections must comply with the Regional Sewer Use By-law. - AND - Communication No. 142 - Fruitbelt Development. The communication advises of their full support to such a proposal. 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 the Regulations by First Class Mail on June 16, 2000. His Worship Mayor Thomson received indication that Mr. Grant Sauder, 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 headng. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the info~ation contained in the Recommendation Report; The Proposal; The Amendment; The Planning Review and the Public Notification Process; and referred to comments received from the Regional Public Works Department requesting the applicant install a suitable manhole facility and advised that it was recommended that the Region's conditions with respect to the manhole matter be included prior to the zoning by-law being adopted. 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. Grant Sauder, Architect, advised that he had no objection to Recommendation #1 in the Recommendation Report, and provided comments with respect to Recommendation #2 dealing with the manhole installation. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-23/2000, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the report be approved subject to the City Engineer checking into the need for the manhole and determining its necessity. Carded Unanimously. PD-2000-86 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM.22/2000, 4248 Broughton Avenue and 4233 Hickson Avenue; Proposed Expansion to Niagara Bronze Limited (Ralph Tallman). The report recommends that Council approve the application to add to the LI (Light Industrial) zone certain uses associated with the adjacent foundry use. - AND - Communication No. 143 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the application. - AND - Communication No. 144. Margaret Farewell, 4457 Buttrey St. The communication expresses noise, dust and traffic concerns. - AND - Communication No. 145 - Chris Carter, 4213 Hickson. The communication expresses noise concerns due to the truck traffic in the 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 the Regulations by First Class Mail on June 16, 2000. His Worship Mayor Thomson received indication that Mr. Robert MacKenzie, 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 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 headng. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report and advised that staff were 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 in opposition to the application. Mr. Robert MacKenzie responded to the concems of the two residents and stated that the doors had been left open due to the construction that had been taking place and further that the doors were used for maintenance purposes only; he also advised that truck traffic was for the delivery of sand to the plant every two weeks. In response to questions raised, Mr. MacKenzie advised that once construction was completed, the doors would remain open for approximately one hour for maintenance purposes only, with one shift running 6 days a week from 7:30 a.m. to 4:00 p.m. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-22/2000, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool, that the report be approved and further that both Ms. Margaret Farewell and Mr. Chds Carter be included in the site plan process. Carded Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. PD-2000-82 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-18/2000, 2M Architects Inc., cio Pingue & Sons Construction; 6390 & 6402 McLeod Road. The report recommends that Council approve the Zoning By-law amendment application to permit the construction of a 3-storey, 12 unit apartment building as noted in the report. - AND - Communication No. 146 - Cleveland and Mary Faye Strickland, 6475 Wendy Drive. The communication expresses concerns with respect to water runoff and drainage; the installation of a wooden fence; refuse bin and garbage pickup. - AND - Communication No. 147a) Regional Niagara, Planning and Development Department. The communication advises as having no objections to the application; - AND - Communication No. 147b) - Regional Public Works Department. The communication advises as having no objections to the rezoning application and provides comments with respect to road widenings; servicing; drainage; traffic impact study; 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 the Regulations by First Class Mail on June 16, 2000. His Worship Mayor Thomson received indication that Mr. Marcantonio, Architect and the applicant, Mr. Pingue, 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 heating. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that the land was currently zoned Transition Residential Multiple and that the amendment was to permit the construction of a 3-storey, 12 unit apartment building; he advised that with some design reconfigurations and having the building moved forward, would provide the residents with proper space both in the back and side yards and advised that staff were recommending approval. Some discussion ensued with respect to designating the area as a School Area and of the traffic problems that would be created due to the additional number of vehicles from the development. It was also suggested that the applicant provide a traffic light in the area. 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. Paul Sheridan, 6405 Wendy Drive expressed concerns with respect to the view of the dumpster site from his property and questioned the fence height. It was suggested that Mr. Sheridan be invited to attend the site plan meetings to discuss those concerns. Mr. Marcantonio, Architect provided clarification on the type of fencing that could be erected; and referred to moving the building forward; he also stated that McLeod Road was a Regional Road and that the traffic issues be dealt with In response to questions raised, the Director of Planning and Development advised that the applicant would be required to provide a traffic impact study, which the Region would review and whose recommendations would be implemented through the site plan process. Mr. Pinque discussed the proposed application and expressed his willingness to work with the City and the Region with respect to a traffic light in the area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-18/2000, closed. ORDERED on the motion of Aldem-~an Janvary-Pool, seconded by Alde..an Orr, that the report be approved and further that concerned neighbors be included in the site plan process. The motion Carded with Aldermen Craitor and Feren abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alde~¥[-~an Janvary-Pool, seconded by Alderman Orr, that the communications be received and filed. Carded Unanimously. PD-2000-64 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-19/2000, 2M Architects Inc., cio Pingue & Sons Construction; 6513, 6515 and 6525 McLeod Road. The report recommends the following: That Council approve a Zoning By-law amendment to permit the construction of an apartment building and a separate 223 sq. m. accessory building; That the amending by-law zone the land a site specific R5B zone as noted in the report limiting the apartment building to 52 units and a building of 3-4 storeys. - AND - Communication No. 148 - Mr. William Vandertang, 7323 Wilson Crescent. The communication expresses traffic concerns and requests that traffic lights be installed at the comer of Wilson Crescent and McLeod Road. - AND - Communication No. 149a) - Correspondence from the Malatest family; and attaching Communication No. 149b) a Petition headed by Diane Malatest. The communications and petition express opposition to the proposed development. - AND - Communication No. 150 - Correspondence from Charles & Margaret Upton, 6470 Wendy Drive. The communication expresses traffic concerns and request the installation of a traffic light at the comer of Wilson Crescent. - AND - Communication No. 151 -Correspondence from Cleveland & Mary Faye Strickland. The communication expresses traffic concerns and request the installation of a traffic light at the corner of Wilson Crescent. - AND - Communication No. 152a) - Correspondence from Joey Jackson. The communication expresses safety and traffic concerns with respect to the school children at the intersection of Wilson Crescent and McLeod Road and requests the installation of a traffic light at that intersection; and Communication No. 152b) - Petition, expressing the concerns of the residents in the area. - AND - Communication No. 153 - Correspondence from Gina Huggins. The communication advises as not being in favour of the development. - AND - Communication No. 154a) - Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objections to the application;- AND -Communication No. 154b)- Regional Municipality of Niagara, Public Works Department. The communication advises as having no objection to the application and provides comments on road widening; servicing; drainage; traffic impact study; access location; permits; 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 the Regulations by First Class Mail on June 16, 2000. His Worship Mayor Thomson received indication that Mr. Marcantonio, Architect and the applicant, Mr. Pingue, 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 Ontado Municipal Board headng. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that the amendment was requested to permit the construction of a 5 storey, 57 unit apartment building, to include an underground parking garage; he advised that staff were recommending that the development be reduced in height and density in order to comply with the City's Official Plan and to ensure the compatibility with the adjoining detached dwellings. 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. Joay Jackson, a concerned resident, expressed safety concerns for the students attending the elementary school, Ecole Notre-Dame-de-la-Jeunesse, who are using the busy intersection at Wilson Crescent and McLeod Road; he advised that there was no signage indicating that this was a School Zone and proposed the following: that the City of Niagara Falls perfo,,,, or arrange for a Traffic Impact Study to be carried out at the intersection of Wilson Crescent and McLeod Road; He requested that a traffic light be installed at the intersection and that approval of the proposed rezoning be contingent on the developer showing that a proper and safe alignment of the ddveway of the proposed development and Wilson Crescent be shown on the site plan and be included on all applications for building permits. Mr. William Vandertang, 7323 Wilson Crescent, expressed his opposition to the development and questioned whether this was to be a Iow rental type of development and expressed safety concerns with respect to the extra volume of traffic that would be generated. Ms. Diane Malatest, 6555 McLeod Road, indicated opposition to the proposed development and expressed concerns dealing with the size of the building, parking spaces; the type of rental units and the noise and traffic in the area. Mr. Marcantonio, Architect responded to concerns expressed with respect to the type of fencing and advised that a masonry type of fencing was being proposed; stated that the location of the sidewalk would be dealt with through the site plan process; he advised that his client was agreeable to the reduction in units; the implementation of a traffic study and would be prepared to move the front yard forward. He further advised that they were in favour of providing school signage in the area. Mr. Pinque expressed his willingness to work with the City and the Region and would be agreeable to provide $25,000 toward the installation of a traffic light in the area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-19/2000, closed. 10- ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be amended to include 54 units and with a building height of 4-1/2 storeys, and further that the Region be made aware that Council, the neighbours, the elementary school and the applicant are in agreement that a traffic light is necessary in the immediate area. The motion Carried with Alderi-~an Craitor abstaining from the vote on a conflict of interest previously noted 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. Carried Unanimously. Alderman Camlynn Ioannoni was excused from Council Chambers due ~ illness. PD-2000-83. Chief Administrative Officer - Official Plan Amendment Application; AM- 2412000, 800460 Ontario Limited and Peter Aiello. The report recommends that Council approve Official Plan amendment application AM-24/2000 to redesignate the subject lands from Tourist Commercial to Residential. - AND - Communication No. 155 - Correspondence from the Best Western. The communication expresses concerns with respect to losing Tourist Commercial lands for future use for tourist-related activities for families which would further enhance their stay in Niagara Falls and particularly along Lundy's Lane. 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 the Regulations on June 23, 2000. His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor, was in attendance on behalf of the applicants, 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 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 discussed the subject lands with the assistance of posted sketches; reviewed the info~T~ation contained in the Recommendation Report; advised that the application proposed to change the designation of the subject lands from Tourist Commemial to Residential; he discussed the land use compatibility and indicated that appropriate buffering and attenuation measures could be addressed at the plan of subdivision and zoning by-law amendment application stage. 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. 11 - Mr. Kevin Robins, Solicitor on behalf of Mr. Jim Williams, owner of the KOA Campgrounds on Lundy's Lane, expressed the opinion that the campground activities would create a certain amount of noise and activity that would not be compatible to residential uses and suggested that there could be other uses for the property in the future. Mr. Jim Williams, owner of the KOA Campground, was of the opinion that the change in land use would be inappropriate for Niagara Falls and stated there was a severe shortage of tourist-related activities in the area and suggested that there could be an alternative use of the property which could offer evening shows and dinner theaters to maintain the tourist industry. Mr. Victor Muratod referred to the land use issue and advised that residential development has successfully co-existed with the tourist community and indicated that this application was only dealing with the Official Plan Amendment at the present time and requested approval. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-24/2000, closed. ORDERED on the motion of Alderman Feren, seconded by Alde~-~-i~an Orr, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD-2000-80 - Chief Administrative Officer - Re: Public Meeting; Vegter Estates Draft Plan of Subdivision; File: 26T-11-2000-04; Owner: Jack & Diane Vegter. The report recommends that council consider input received at the Public Meeting and refer all matters to staff for the review of the Vegter Estates Draft Plan of 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 the Regulations on June 30, 2000. His Worship Mayor Thomson 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 and the Planning & Development Department would consider all comments received and prepare a recommendation report to Council at a future meeting; and that there would be no decision made at the meeting this evening. His Worship Mayor Thomson also 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. Alderman Norm Puttick was excused from Council Chambers. 12- Mr. Phil Fisher, was in attendance on behalf of the applicant and provided an overview of the subdivision proposal; advised that the applicant had requested that the Official Plan be changed to Residential from Good General Agricultural as the subject property was not a viable agricultural parcel and would be more urban-oriented with Iow density and Iow height uses. There was a negative response to Mayor Thomson's request for comments from pereons, other than the applicant or his agent, in support or in opposition of the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Vegter Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alder~¥~an Craitor, seconded by Alderman Janvary, that the comments be referred to staff. Carried Unanimously. PD-2000-81 - Chief Administrative Officer - Re: Public Meeting; Miller Road Estates Draft Plan of Subdivision; File: 26T-11-2000-05; Owner: 727604 Ontario Limited. The report recommends that Council consider input received at the Public Meeting and refer all mattere to staff for the review of the Miller Road Estates Dreft Plan of Subdivision. His Worehip 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 the Regulations on June 30, 2000. His Worehip Mayor Thomson 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 and the Planning & Development Department would consider all comments received and prepare a recommendation report to Council at a future meeting; and that there would be no decision made at the meeting this evening. His Worship Mayor Thomson also advised that failure to make orel or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board heating. Mr. Bdan Sinclair provided a bdef overview of the proposal and advised that this would be a first-class subdivision with the large woodlot b,~=ing maintained; he advised that the Regional Policy Plan designated the land as good agricultural land and that changes to the Official Plan policies have been requested to permit the proposed residential plan. Mr. John Berkell, 2105 Miller Road, expressed concerns with respect to the environmental impact of the proposed development and ,referred to certain conditions that had been attached when properties were being pumhased in the area, such as having no commercial uses and that the area remain Residential L~se only; he questioned whether similar conditions would be attached to this development and questioned whether this development would set a precedent or open up a floodgate of subdivisions. Mr. Walter Schoustal, 3554 Bridgewater Stree'{,. advised that he was in favour of the project but expressed dreinage concerns in the area and questioned whether there would be ton-off onto his property; he also suggested the installation of a fence between the properties. 13- Mr. Andrew Morellato, 2482 Miller Road, expressed concerns as to the type of development that would be going there and suggested that the read be developed as a direct through read. Ms. Sandra Zuper, 7001 Rexinger Road, expressed the opinion that surrounding properties would be devalued and indicated that she had moved to the country for privacy and that the proposed development. Mr. Dick Colledge, 10290 Willoughby Drive, indicated that he was in opposition to having a commemial septic system in the area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Miller Road Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman seconded by Alderman Campbell, that the comments be referred to staff. Carried Unanimously. PD-2000-85 - Chief Administrative Officer - Re: Proposed Nutrient Management Strategy and Model By-law for Poultry and Livestock Operations in Niagara. The report recommends the following: That Council support the concept of the Region's Nutrient Management Strategy and Model By-law for Poultry and Livestock Operations in Niagara and advise the Region accordingly;. That the Region consider the organization of providing training to staff; 3. That the model by-law be reviewed in more detail by necessary City staff to ensure any adopted by-law reflects local procedures. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that the report be received and adopted. Carded Unanimously. PD-2000-87 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Chippawa West Phase 2, 26-T-94009; Queensway Chippawa Properties Inc. The report recommends that Council support a one-year extension to draft plan approval for the Chippawa West Phase 2 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. : ORDERED on the motion of Alderman Volpatti, seconded by Aide,-man Michalczyk, that the report be received and adopted. The motion Carded with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD.2000-88- Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-29/99, 8066 to 8078 Norton Street; Proposed Five-Unit on Street Townhouse. The report recommends that Council approve the site plan for a proposed five-unit on street townhouse at 8066 to 8078 Norton Street. Mr. David Ovens advised that he was not opposed to the development but expressed his concems with regard to the drainage in the area and of the cutting down of four (4) Maple trees on the site. Mr. Greg Shram, Brookdale Properties Inc., commented that drawings had been prepared to address the issues and concerns of the residents with respect to the drainage issue; and provided clarification with respect to the tree concerns expressed. 14 - The Director of Planning & Development responded that the zoning was in place and that it was zoned for a five-unit townhouse development. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that the matter be deferred. Carded Unanimously. Following the discussion, Mr. Ovens expressed traffic, noise and litter concerns at the Tim Horton's in Chippawa. He was requested to forward a letter to the Mayor's Office with those concerns. It was moved by Alderman Michalczyk, seconded by Alderman Campbell, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES Alderman Wing requested that the Minutes of June 26, 2000 be amended to reflect her opposition to Report PD-2000-76 and subsequent Resolution No. 13; and it was requested that the Minutes be amended to reflect Alderman Craitor's and Alderman Michalczyk's conflicts of interest on Report CD-2000-17, as previously noted. ORDERED on the motion of Aiderman Feren, seconded by Alderman Campbell, that the Minutes of June 26, 2000 be approved as amended. Carded Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Mike Stranu_es Dinner Event His Worship Mayor Thomson referred to a dinner being held in honour of Mike Stranges on Tuesday, July 25, 2000 at Mick and Angelo's with proceeds going to Mike Stranges and his Olympic bid. ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that Council purchase a table at a cost of $50.00 per person with proceeds going to Mike Stranges and his Olympic bid. Carded Unanimously. O_Deninu_ of Mulhern Park and Al_Dine Park ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that a letter of appreciation be forwarded to staff for ail their effort.-, regarding the opening of Mulhem Park and Alpine Park and further that a letter of thanks be forwarded to Mr. Fred Constible and Mr. Eric Henry, who provided monies for asphalt and baseball pitches and to Mr. Stewart Branscombe for monies donated for playground equipment. Carried Unanimously. 15 - COMMUNICATIONS Communication No. 156 - Township of Ashfield - Re: Province-Wide Moratorium on Liquid Manure Facilities. The communication requests that Council support a resolution asking that the Government of Ontario immediately put in place a moratorium prohibiting the construction of any new liquid manure facilities or the addition to any existing facilities, until it has been proven that the environment and our drinking water will not be negatively impacted. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 157 - School of Horticulture & Botanical Gardens - Re: Proclamation. The communication requests that Council proclaim the week of August 14th to August 20th, 2000 as "Niagara Bigga Tomatafest Week" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the request be supported. Carried Unanimously. Communication No. 158 -The Arthritis Society - Re: Proclamation. The communication requests that Council proclaim the month of September, 2000 as "National Arthritis Month" and requesting a flag raising ceremony to be held outside of City Hall on September 5, 2000 and that the flag remain displayed for the month of September. ORDERED on the motion of Alderman Voipatti, seconded by Alderman Fisher, that the request be supported. Carded Unanimously. Communication No. 159 -Judith Lowe - Re: Long Distance Rates. The communication requests that consideration be given to the residents and businesses of Niagara Falls to be connected to all major, cities in the peninsula without long distance rates being charged. ORDERED on the motidn of Alderman Volpatti, seconded by Alderman Feren, that the request be supported. ~rried Unanimously. Communication No. 160 - Ministry of Municipal Affairs and Housing- Re: Direct Democracy Through Mcipicipal Referendums Act, 2000. The communication provides information on the new regulations which give voters a stronger voice in the local democratic process by allowing municipalities to ask binding referendum questions on the municipal ballot. ORDERED on the mot!on of Alderman Feran, seconded by Alderman Fisher, that the correspondence be received and filed for the Information of Council. Carded Unanimously. The City Clerk pre,vided information as to the timeframe for considering the passage of a by-law to put a question on the 2000 Election ballot. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alde..an Janvary, that Council hold a special meeting on July 31't, 2000 to consider passing a by-law to put a question on the ballot in the 2000 Election concerning the elimination of the ward system. The motion Carded with Aldermen Campbell, Craitor, Fisher, Janvary-Pool; Volpatti and Wing voting in favour of the motion and Aldermen Feren, Michalczyk and Orr voting contrary to the motion. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, to include a question respecting a reduction in the number of Aldermen for discussion at the Special Meeting. The motion was Defeated with Aldermen Volpatti, Michalczyk, Wing, Orr, and Feren voting contrary to the motion and Aldermen Campbell, Craitor, Fisher and Janvary-Pool voting in favour. - 16- RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary-Pool, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Approval of the June 26, 2000 Corporate Services Committee minutes; That the legal opinion plovided by Borden Ladner Gervais LLP surrounding meetings of the Niagara F~lls Hydro Board of Directors, be received for information and that Council adopt re(;ommendation "B"; That the resolution objecting to the proposed "Act to Promote Efficiency in the Municipal Electricity Secl[~r and to Protect Consumers from Unjustified Rate Increases" be deferred; That the permit costs be waived for the YMCA Twilight Road Race on July 22nd, 2O00; That Report F-2000-45, Ni~,~;lara Falls Badminton Tennis & Lawn Bowling Club, be received for information; aq(l further that the Club receive a grant in the amount of $2,600 based on a chang6 in assessment class; That the transfer be endors~.:l of $112,983.93 from the Prepaid Subdivision Projects Reserve Fund to the Capital/Operating Reserve Fund; Report F-2000-47 - that th~,~ Municipal Accounts totalling $12,827,419.72 for the period ending July 17, 200~, be approved; That Report F-2000-48, Supplemental Assessments and Tax Notices be received for information; That the tender for the supply of Computer Equipment submitted by the Iow tender H & I Services in the amount of $101,524.14 be accepted; 10. That the road closing fees, associated insurance costs and arena costs be waived for the Village of Chippawa Parade and Fall Fair on September 9, 2000; 11. That an amount of $550 be approved for Chds Stadnyk to assist with expenses for the 2000 Canadian Lawn Bowls Team; 12. That the road closing fees and associated insurance costs be waived for the Downtown BIA Perfoi-~¥~ing Arts Festival on August 5, 2000; 13. That the matter of a lease agreement for the Battlefield Site be referred to staff. The motion Carded with Alderr¢len Michalczyk; Feren; Craitor; Wing; Campbell and Fisher abstaining from the vote on Report F-2000-47 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-158 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: - Adoption of the June 26, 2000 Community Services Committee Minutes; 17 - MW-2000-73 - Proposed Environmental Agre~ent High Rate Treatment Facility Consultant Services CH2M Gore & Storrie ~-"!that CH2M Gore and Storrie be retained to carry out the Schedule C Environmental Assessment for the proposed High rate Treatment Facility at a cost not to exceed $41,197 (excluding G.S.T.); MW-2000-74 - Maintenance of Four Mile Creek Drain - payment to Niagara-on-the- Lake in the amount of $31,196.55 for maintenance work on the Four Mile Creek Drain and that invoices representing the final as-constructed costs be mailed to all assessed City of Niagara Falls landowners as set out in the Assessment Schedule prepared by Wiebe Engineering Group Inc.; MW-2000-75 - Roof and Wall Sign Vadance 5733 Victoda Avenue - approval of the variance for two roof signs and two wall signs at 5733 Victoria Avenue; MW-2000-80 - Residential Water Metedng Information Update - that the information be received on Residential Water Metering; R-2000-44 - Contribution to Creative Playground Structure - that the City contribute $10,000 to the creative playground structure located at the Kate S. Durdan/Loretto Catholic School on Kalar Road; and that the City enter into an agreement with both School Boards to ensure public access and outlining maintenance responsibilities; R-2000-45 - Brock University partnership Slow Pitch Diamonds - that the City assume responsibility for converting the four Brock University baseball diamond infields from grass to stone dust at a cost of $40,000; and that a legal agreement be entered with Brock University to ensure availability of the diamonds for the National and the Provincial SIo-Pitch Tournaments; R-2000-46 - Russell Masterson Amateur Athletic club Jr. "B" Hockey Renewal Agreement - to authorize an Agreement with the Russell Masterson Amateur Athletic Club for Junior "B" hockey; R-2000-47 - Winter Ice Schedule for Municipal Arenas - to approve the Schedules for Special Events and Regular Use of Winter Ice for the 2000/2001 Season; That inquiries or presentations regarding Site Selection for the Community Centre be referred to the Steering Committee for the Community Centre Project; R-2000-50 - Printing Policy for Community Groups - to support the Printing Policy for Community Groups - Conflict - Alderman Wing; R-2000-51 - Niagara Falls Gids Home for Soccer Update - that the information be received on the Niagara Falls Gids Home for Soccer Update; R-2000-52 Chippawa Lions Club Inc. Increased Liability Insurance for Skateboarding - that the issue of liability for skateboarding at Chippawa Lions Park be deferred; R-2000-53 - Millennium Trail Licence Agreement - that the Mayor and Clerk be authorized to sign the License Agreement for use of the Niagara Power Canal lands (Phase 1 ) upon receipt of the Agreement and the satisfaction of the City's Solicitor; That information be received on the painting of the recessed lettering stone monuments at Queen Street and River Road; 18 - - That information be received on the relocation of the Household Hazardous Waste Depot and the Acceptance of Old Electronic Equipment; New Business: - Petit Avenue - that staff investigate and suggest a resolution to the matter of weeds growing out of a swimming pool; In Camera: - That the proposed policy and procedures for School Crossing Guards be approved with minor modifications to be made. The motion Carded with Alderi¥~an Wing abstaining 'from the vote on Report R-2000-50 on conflicts of interest previously noted and with all others voting in favour. MW-2000-76 - Chief Administrative Officer - Re: Contract 2000-08, Surface Treatment and Expanded Asphalt Stabilization 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 Michalczyk, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously See By-law No. 2000-154 MW-2000-77 - Chief Administrative Officer - Re: City Initiation of In Phase Curb and Gutter Local Improvements on Collins Drive and Toby Crescent. The report recommends the following: That the City of Niagara Falls initiate a Local Improvement By-law under Section 12 of the Local Improvement Act, for curb and gutter on Collins Ddve from Drummond Road to the southeast limit and on Toby Crescent from Collins Drive to 2. That the information on Frances Avenue and Mayfair Ddve Local Improvement curb and gutter be received and filed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously, RATIFICATION OF PARKING & TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the actions taken at the Municipal Parking & Traffic Committee on July 11, 2000 be approved: MW-2000-78 - Chair, Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations, July 11th, 2000 Meeting: MW-2000-44. Kister Road/Ramsey Road - Heavy Vehicle Restriction - that a heavy vehicle restriction be implemented on Ramsey Road between Stanley Avenue and Kister Road and on Kister Road between Ramsey Road and McClive Street; and that staff investigate the possibility of constructing a turn-around on McClive Street or widening Kister Road at McClive Street to accommodate truck movements; MW-2000-63 - Fraser Street. Parking Review - that no changes be made to on Street parking on Fraser Street at this time - Alderman Volpatti, conflict; 19- MW-2000-67 - Jill Drive - Parkinq Review - that a "Residential Permit Parking" system be implemented on the south side of Jill Drive from a point 72 metres west of Sunhaven Drive to a point 85 metres west of Sunhaven Drive; ChiDDawa Parkin_~ Meters - Two Hour Parkinq - that the parking meters in Chippawa be changed from a one hour duration to a two hour duration; Cedar Street - Tem_oorary Relief from Heavy Vehicle Restriction - that a temporary relief from the heavy vehicle (including buses) restriction on Cedar Street between Stanley Avenue and Homewood Avenue, be granted to Mr. Paul Caro, of 5417 Cedar Street, until December 31, 2000; and that the temporary relief be subject to parking a Coach bus in front 5417 Cedar Street for one two-hour visit per day, Monday to Friday only - Alderman Orr opposed; Electronic Parkin_u Meter Upu_ rade - Canadian Mint New Coin Parameters - that funding in the amount of approximately $20,000 plus taxes be allocated from Parking Account P-001-4800-1530 to upgrade the existing 800 electronic parking meter mechanisms to accept the new Coins issued by the Canadian mint, as well as the new one dollar American coin. The motion Carded with Alderman Volpatti abstaining from the vote on Report MW-2000- 63, on a conflict of interest previously noted and with Alderman Orr voting contrary to the motion dealing with Cedar Street, Temporary Relief from Heavy Vehicle Restriction and with all others voting in favour. See By-law No. 2000-155 See By-law No. 2000-156 CD-2000-18 -Chief Administrative Officer- Re: Special Occasion Permits. The report recommends that Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations listed in this report. ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. L-2000-31 - Chief Administrative Officer - Re: Consolidations of Adult Entertainment Parlour Licensing and Locational By-laws. The report recommends that By-law No. 97- 249 be amended by including the Iocational requirements of the Adult Entertainment Parlours in the said By-law, as well as making it an offence for any one under the age of 18 years to enter or be found in an Adult Entertainment Parlour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the report be deferred. Carried Unanimously. L-2000-55 - Chief Administrative Officer - Borys Agreement with the City Building Permit (Checkerboard Lot) Willoughby Drive. The report recommends that an Agreement dated June 29, 2000 between Peter John Borys and Anna Maria Borys regarding application for a Building Permit with respect to Part 8 on Reference Plan No. 59R-2506, located on Willoughby Drive, be authorized. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-150 L-2000-56 - Chief Administrative Officer- Re: Huntsr/Howard Agreement with the City Building Permit, Testamentary Devise. The report recommends that an Agreement dated July 11, 2000 between Jeffery Howard Hunter and Geraldine Jane Howard and the City regarding application for a Building Permit with respect to Part 5 on Reference Plan No. 59R-7414, on the south side of Detenbeck Road, be authorized. 20 - ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-149 L-2000-57 - Chief Administrative Officer - Re: Transfer of Easement from The Regional Municipality of Niagara, Stanley Avenue at Valley Way. The report recommends that Council authorize the acceptance of a Transfer of Easement from The Regional Municipality of Niagara for maintenance of an existing storm sewer over part of Stanley Avenue at Valley Way. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. C~rried Unanimously. See By-law No. 2000-146 L.2000-58 -Chief Administrative Officer- Re: Establishment of Standing Committees. The report recommends that Council establish two standing committees as set out in the attached proposed by-law and that the attached proposed by-law be passed later in the meeting. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-152 L-2000-59 - Chief Administrative Officer - Re: Insurance Adjusters Agreement. The report recommends that the attached agreement with Crawford Adjusters Canada for adjusting services be approved. ORDERED on the motion of Alderman Feren, seconded by Alde~T]-~an Craitor, that the report be received and adopted. Carded Unanimously. See By-law No. 2000-147 L-2000-60 - Chief Administrative Officer - Re: Sign Regulations for Body Rub Parlours. The report recommends that the regulations for signs for a body-rub parlour as set out in the attached proposed by-law be adopted and that the said by-law be passed later in this meeting. ORDERED on the motion of Aldem~an Michalczyk, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. $~e By-law No. 2000-148 RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the actions taken in Committee of the Whole, eadier this evening be approved: That the firm of Weir & Foulds be retained to act on behalf of the City in action No. 11475/00 between Henry DiCienzo and Carolynn Fraser vs the Corp., of the City of N.F. with regard to the challenge of the body rub padour licencing by-law and further that the firm of Weir & Foulds take all the necessary steps to defend the City's interests and that the City hereby confirms all steps taken to date by the City Solicitor and Weir & Foulds; Proposed purchase by the City of Maple Street School from the District School Board of Niagara, that Council clarify to the School Board that the balance of the purchase price of the Maple Street School will be in a lump sum, payable on the closing date of August 25, 2000 and that Council receive & file a letter dated July 11, 2000 from Dieta Co. Carried Unanimously 21 BY-LAWS ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 2000-143 A by-law to authorize the execution of an Consulting Agreement with David Schram & Associates Inc. respecting services for Project Management to assist with the planning and implementation for both the Community Centre and Twinning of Chippawa Willoughby Memorial Arena projects. 2000-144 A by-law to amend By-law No. 79-200, as amended. (Re: AM-09/2000) 2000-145 A by-law to authorize the execution of a Consulting Agreement with CH2M Gore and Storde Limited respecting services for Schedule C Environmental Assessment for the proposed High Rate Treatment Facility. 2000-146 A by-law to authorize acceptance of a Transfer of Easement from The Regional Municipality of Niagara for the purpose of a storm sewer over part of Stanley Avenue at Valley Way. 2000-147 A by-law to authorize the execution of an agreement with Crawford Adjusters Canada respecting claims adjusting services. 2000-148 A by-law to :amend By-law No. 99-164, as amended, being a by-law to provide for the licensing, regulating, and inspection of body-rub parlours, owners, operators and managers of Body-Rub Paflours and Body-Rubbers at Body-Rub Padours. 2000-149 A by-law to authorize an Agreement, dated July 11, 2000, between Jeffrey Howard Hunter and Geraldine Jane Howard and The Corporation of the City of Niagara Falls respecting regarding application for a Building Permit. 2000-150 A by-law to authorize an Agreement, dated June 29, 2000, between Peter John Borys and Anna Mada Borys and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-151 A by-law to authorize the execution of an agreement with Russell Masterson Amateur Athletic Club with respect to the Ontado Hockey Association Junior "B" Hockey franchise obtaining a licence to operate from the Niagara Falls Memorial Arena. 2000-152 A by-law to amend By-law No. 89-155, as amended, being the Standing Rules of the Council. 2000-153 A by-law to amend By-law No. 79-200, as amended. (Re: AM-06/2000, Rudan Holdings Ltd., Parking structure, tower base, tower and roof feature and other components) 2000-154 A by-law to authorize the execution of an agreement with Norjohn Limited respecting Surface Treatment and Expanded Asphalt Stabilization of Roads. 2000-155 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction, Stop Signs) 2000-156 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking meters, Prohibited Parking) - 22 - 2000-157 A by-law to authorize the execution of a Subdivision Agreement with 1397945 Ontado Limited respecting the St. Paul Court Subdivision. 2000-158 A by-law to authorize monies for General Purposes. (July 17, 2000) The motion Carried with Alderman Orr voting contrary to By-law No. 2000-155; and Aldermen Wing, Fisher, Feren, Campbell, Craitor and Michalczyk abstaining from the vote on By-law No. 2000-158 on conflicts of interest previously noted; and with all others voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 2000-143 A by-law to authorize the execution of an Consulting Agreement with David Schram & Associates Inc. respecting services for Project Management to assist with the planning and implementation for both the Community Centre and Twinning of Chippawa Willoughby Memodal Arena projects. 2000-144 A by-law to amend By-law No. 79-200, as amended. (Re: AM-09/2000) 2000-145 A by-law to authorize the execution of a Consulting Agreement with CH2M Gore and Storde Limited respecting services for Schedule C Environmental Assessment for the proposed High Rate Treatment Facility. 2000-146 A by-law to authorize acceptance of a Transfer of Easement from The Regional Municipality of Niagara for the purpose of a storm sewer over part of Stanley Avenue at Valley Way. 2000-147 A by-law to authorize the execution of an agreement with Crawford Adjusters Canada respecting claims adjusting services. 2000-148 A by-law to amend By-law No. 99-164, as amended, being a by-law to provide for the licensing, regulating, and inspection of body-rub parlours, owners, operators and managers of Body-Rub Parlours and Body-Rubbers at Body-Rub Padours. 2000-149 A by-law to authorize an Agreement, dated July 11, 2000, between Jeffrey Howard Hunter and Geraldine Jane Howard and The Corporation of the City of Niagara Falls respecting regarding application for a Building Permit. 2000-150 A by-law to authorize an Agreement, dated June 29, 2000, between Peter John Borys and Anna Maria Borys and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-151 A by-law to authorize the execution of an agreement with Russell Masterson Amateur Athletic Club with respect to the Ontado Hockey Association Junior "B" Hockey franchise obtaining a licence to operate from the Niagara Falls Memorial Arena. 2000-152 A by-law to amend By-law No. 89-155, as amended, being the Standing Rules of the Council. 2000-153 A by-law to amend By-law No. 79-200, as amended. (Re: AM-06/2000, Rudan Holdings Ltd., Parking structure, tower base, tower and roof feature and other components) 23 - 2000-154 A by-law to authorize the execution of an agreement with Norjohn Limited respecting Surface Treatment and Expanded Asphalt Stabilization of Roads. 2000-155 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction, Stop Signs) 2000-156 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking meters, Prohibited Parking) 2000-157 A by-law to authorize the execution of a Subdivision Agreement with 1397945 Ontario Limited respecting the St. Paul Court Subdivision. 2000-158 A by-law to authorize monies for General Purposes. (July 17, 2000) The motion Carried with Alderman Orr voting contrary to By-law No. 2000-155; and Aldermen Wing, Fisher, Feren, Campbell, Craitor and Michalczyk abstaining from the vote on By-law No. 2000-158 on conflicts of interest previously noted; and with all others voting in favour. Pro_oerty Standards Matter Alderman Janice Wing requested that a certain Apartment building on McLeod Road be referred to Property Standards. ORDERED on the motion of Aldem-~an Wing, seconded by Alderman Michalczyk, that the apartment building on McLeod Road be referred to Property Standards. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Wing, that the meeting be adjoumed. Carded Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR EIGHTEENTH MEETING SPECIAL COUNCIL MEETING Council Chambers July 31, 2000 Council met on Monday, July 31, 2000 at 5:30 p.m. in a Special Meeting of Council for the purpose of considering the matter dealing with the passage of a By-law which would place a question on the Ballot in the 2000 Municipal Election, respecting the elimination of the existing Ward System. All members of Council, with the exception of Alderman Pietrangelo, were present. His Worship Mayor Thomson presided as Chairman. Prior to dealing with the issue of eliminating the present Ward System, by way of placing a question pertaining to that option on the ballot in this year's Municipal Election, His Worship Mayor Thomson advised of the fund-raising efforts of Al Greatrix, on behalf of Mick & Angelo's Eatery and Bar, in assisting boxer, Mike Strange, in his bid to represent Canada in the 2000 Summer Olympics, by purchasing a specially numbered and framed print at a cost of $500.00. Alderman Craitor provided information on another upcoming fund-raising event on Thursday, August 24th at the Optimist Hall from 5:00 p.m. to 9:00 p.m. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the City purchase one of these prints at a cost of $500.00 and that it be placed at the front entrance of City Hall. Carded Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Millenium Pro_iect His Worship Mayor Thomson advised that Fralick's Tavern and the Lundy's Lane Battlefield are projects that have to be completed by March 2001 and was concerned about the difficulty in having the landscaping completed by that time. In order to assist the City with the bikeway path, as well, Staff are awaiting the Licence Agreement from the Ontario Power Company, and the City would like to be able to have that project completed and be eligible for the 1/3, 1/3, 1/3 funds from the Government. Landscaping is a problem and a request should be made to the Government to extend the deadline from March 2001 to December 2001 which would allow enough time to ensure that these projects are completed. ORDERED on the motion of Aldef,,an Fisher, seconded by Alderman Ioannoni that a letter be forwarded to the Government requesting an extension of the deadline from March 2001 to December 2001 in an effort to complete these Millenium projects. The motion Carried with Alderman Wing declaring a conflict of interest and with all others voting in favour. permanent Casino His Worship Mayor Thomson expressed his pleasure at being able to advise that he was in possession of Site Plans for the new Casino and also advised that the site plans have been circulated to all the relevant Departments. He indicated that there were many pitfalls along the way dealing with the reciprocal and development agreements, and Ron Barbaro has advised the City that they would rather have a reciprocal agreement before Council with a full presentation and from the Falls Management Group and deal with it all at one press conference and one Council meeting to provide this information for all members of Council. -2- His Worship Mayor Thomson made the following statement which was approved by the OLGC, and the Falls Management Group (FMC): :~ "On Friday, July 28th, the City received Ontario Lottery and Gaming Corporation (OLGC) and its agents, Falls Management Company (FMC), a set of site plans for the proposed Permanent Casino complex at Murray Hill. At the same time, the City was advised by the OLGC that further details with respect to the site plans including, for example, engineering details were in the process of being finalized and would be submitted within the next couple of weeks. When all the plans and information have been received, it is the intention of the OLGC and FMC to make a presentation at an Open Council Meeting of the complete site plans for the project. In the meantime, City Staff is reviewing the plans as they are received, and will submit a report to City Council on the date that the OLGC makes its submission to Council for consideration of the plans. It is anticipated that this Public Meeting will take place within the next few weeks." ORDERED on the motion of Alde~-~an Volpatti, seconded by Alde~-~-~an Fisher, that Council be directed to deal with the site plan forthwith. Carried REPORTS L-2000-64 - Chief Administrative Officer - Referendum Question for Ward System. The report recommends that Council receive this report for information and direction. His Worship Mayor Thomson reiterated that the issue of placing the question "Are you in favour of a Ward System in the City of Niagara Falls" on the ballot in the 2000 Municipal Election pertaining to the elimination of the p~resent Ward System in the City of Niagara Falls will now be considered, and advised that a "Yes" or "No" answer is all that was needed. During the discussion, it was ORDERED on the motion of Alderman Campbell that Council ceases further discussion on this issue. Them was no seconder. Alderman Volpatti suggested that the question should read: "Are you in favour of an At- Large System such as we had before the last election?" His Worship Mayor Thomson received a positive response to his request for a show of hands by persons present who were interested in the Ward System. Mr. Stephen Szolga, a resident of the City of Niagara Falls, expressed his concern about the majority of complaints he has heard about the ~;lectoral system and was in favour of returning to the At-Large System for electing alderm(;n. Mr. Larry Savage, a fot~her resident of the Cit'.t of Niagara Falls, referred to the many types of development in the City of Niagara Fatis and in his view, time would be better spent on these other issues. -3- Alderman Wing requested that the By-law be amended to read, "Are you in favour of the existing Ward System for electing Aldermen in the City of Niagara Falls?" "Yes" "No". The motion Carried with Aldermen Campbell and Michalczyk opposed to the motion and all others voting in favour. A discussion ensued with regard to a meeting being set up, the size of Council, over the next six months. The City Solicitor provided clarification with respect to the time frame for placing the question on the ballot. ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti that the question on the by-law should read: "Are you in favour of the existing Ward System for electing Aldermen in the City of Niagara Falls?" "Yes" "No". The motion Carded with Alderman Campbell voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that leave be granted to introduce the following by-law, as amended, and the by-law be read a first time: 2000-159 A by-law for submitting to the electors of the City of Niagara Falls a question pursuant to Section 8 of the Municipal Elections Act, 1996. "Are you in favour of the existing Ward System for electing Aldermen in the City of Niagara Falls?" "Yes" "No" The motion Carded with Alderman Campbell voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Wing, seconded by Alde~¥~-~an Volpatti that the by- law be now read a second and third time, as amended by the motion. 2000-1,59 A by-law for subrnj.'tting to the electors of the City of Niagara Falls a question pursuant to Section 8 of the Municipal Elections Act, 1996. "Are you in favour of the existing Ward System for electing Aldermen in the City of Niagara Falls?" "Yes" "No" The motion Carried with Alderman Campbell voting contrary to the motion and with all others voting in favour. L-2000-49 - Chief Administrative Officer - Final Tax Notice Due Dates for Accounts with Commercial, Industrial, and Multi-Residential Assessments. The report recommends that August 31 and October 18 be approved as the 2000 Final Due Dates for the Commercial, Industrial and Multi-Residential Assessments Classes. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the report be received and adopted,~; Carded Unanimously. ORDERED on the motion of Al .d~ rman Janvary, seconded by Aldem~an Michalczyk, that leave be granted to introduce the following by-law, and the by-law be read a first time: 2000-160 A by-law to amend'By-law No. 2000-118, as amended, being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2000. Carded Unanimously. -4- ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that leave be granted to introduce the following by-law, and the by-law be now read a second and third time: 2000-160 A by-law to amend By-law No. 2000-118, as amended, being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2000. Carried Unanimously. COMMUNICATIONS Communication No. 161 - The Chippawa Volunteer Firefighters Association - Re: CanAm 2000. The communication advises that the Chippawa Volunteer Firefighters Association would be hosting this International event at the Chippawa Firehall on August 19, 2000 starting with a parade at 12:00 noon, and requested that the fees associated with road closures and permits for the day be waived. His Worship Mayor Thomson and the members of Council were presented with lapel pins and His Worship Mayor Thomson accepted the invitation to be Parade Marshall for the parade on August 19~. The proceeds raised from this day long international event will be donated to charities such as the Hamilton Burn Unit and the Greater Niagara General Hospital Cardiac Care Unit. ORDERED on the motion of Alde..an Fisher, seconded by Alderman Michalczyk that the request be approved. Carried Unanimously. Communication No. 162 - St. Catharines Standard Newspaper Article. The communication referred to Councillor Judy Casselman's remarks on the need for long-term protection for the unique agricultural lands in Niagara. - AND - City of St, Catharines - Re: Resolution - Long Term Protection for Unique Agricultural Areas within the Region and the Province. The communication requested that the Province through Provincial Policy provide long term protection for the unique agricultural areas both within this Region and throughout the Province. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that this be referred to Staff for their comments and that Council would be interested in hearing the comments from the directly affected municipalities in the Niagara Region. Carried Unanimously. PARKS. RECREATION AND CULTURE MATTER The Director of Parks Recreation and Culture addressed the matter of restoration versus renovation of Fralick's Tavern and emphasized that weather conditions was the cdteda for this project being done at this time of the year rather than during the winter months; and that the exterior repairs would proceed without a tender call and that the interior restoration would proceed with a tender call. It was anticipated that this project should be completed by March 2001 ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren that in the interest of time constraints and weather conditions that the exterior of Fralick's Tavern be restored rather than be renovated. The motion Carried with Alde,¥~an Wing abstaing from the vote on a conflict of interest and with all others voting in favour. I F I1 lEI; I I -$- By.law Nos. 2000.159 and 2000-160 were brought forward and introduced on Page 3. NEW BUSINESS AIde,,,ian Ioannoni advised that the 20th Anniversary of the Terry Fox will be celebrated this year with a run to be held on September 1~. Registration starts at 9:00 a.m. and the run will commence at 10:00 a.m., followed by a barbecue at 12:30 p.m. and tree planting at 1:30 p.m. in memory of Terry Fox. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren that Council members be involved and that Alderman Pietrangelo co-ordinate a team for this event. Carded Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick that the meeting be adjoumed. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR NINETEENTH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 August 21, 2000 Council met on Monday, August 21, 2000 at 6:30 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Campbell, who was away, were present. Aldem-~an Shirley Fisher presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole did not rise to report in open session. READ ANDADOPTED, WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers August 21, 2000 Council met on Monday, August 21, 2000 at 7:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Aider-man Campbell, who was away, were present. Alderman Selina Volpatti offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report No. F-2000-50, Cheque Nos. 253170, M93046, 25786, 253233, 252859, M93034, 252843 253419, 252933 and 252841 because a family member is employed by the Region. Alderman Feren indicated a pecuniary interest on Report No. F-2000-50, Cheque No. 252882 because the cheque is directed to his company and Cheque Nos. 253428 and 253179 because the recipient is a family member. Alderman Ioannoni indicated a pecuniary interest on Report No. F-2000-50, Cheque No. 253160 because she is a member of the Board. Alderman Michalczyk indicated a pecuniary interest on Report No. F-2000-50, Cheque Nos. 253088, 253425 and 253866, and on By-law No. 2000-161 because of his ongoing investigation and on Cheque Nos. M93054 and 253291 because he is the recipient; and on Report L-2000-65 and By-law No. 2000-170 because a family member is involved in testamentary devise matters. Alderman Pietrangelo indicated pecuniary interests from the July 17th, 2000 Council meeting, dealing with the School Crossing Guards matter along with the associated cheque, because he is employed by the Catholic School Board; and on Report L-2000-56 from the July 17h Council meeting and from the present meeting on Report L-2000-65 and on By-law No. 2000-170 because a family member is involved in testamentary devise matters. Alderman Wing indicated a pecuniary interest on Report No. F-2000-50, Cheque Nos. 252840, 253407, 253272 and 252990 and on Report R-2000-55 and R-2000-58 because she is an officer of the organization involved. PRESENTATIONS Send-Off Banner for Mike Strange A banner was presented to Council for their signatures and best wishes to Mike Strange on his pursuit of Olympic Gold in Sydney, Australia. His Worship Mayor Thomson invited members of the community and staff to sign the banner, and advised that a special send-off for Mike Strange would be held on Thursday, August 24th, 2000 at the Optimist Youth Club to wish him all the best at the Olympic Games. DEPUTATIONS Board of Museums Mr. Bernie Villamil, Board of Museums member, introduced the Board to Council and provided an update of the Board's initiatives and upcoming events and activities; referred to the Board's intention to revitalize and expand the Lundy's Lane Historical Museum building and to an upcoming fund raiser to promote the museums and provide the needed funding for those expansion plans. Mr. Villamil requested Council's continued moral and financial support of the Lundy's Lane Historical Museum and thanked members for the opportunity to make his presentation. Following the presentation, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the matter of financial support be referred to budget deliberations. Carried Unanimously. Heart Niagara Community_ Public Access Mr. Jim Boutilier, Manager, Heart Niagara Community Public Access, provided information on sudden heart (cardiac) arrest and the defibrillation program and advised that monies had to be raised with the intent of providing defibrillation equipment in each of the City's arenas. Following the discussion, it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman Michalczyk, that Council supports and approves the placement of defibrillators in City arenas and in the training of staff. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the City purchase the defibrillator equipment up front with Heart Niagara paying back the monies to the City. Carried Unanimously. The Nia_aara Falls Firefi_ahters Extrication Team Mr. Peter Methner, on behalf of the Niagara Falls Firefighters Extrication Team, provided a brief overview of the firefighters First Place achievements in their recent auto extrication competitions. He advised of the team's efforts to raise funds to offset their expenses at the World Championships being held in Louisville, Kentucky. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the City donate $1,000 to the Niagara Falls Fireflghters Extrication Team in order to help offset their expenses to attend the World Championships being held in Louisville, Kentucky. Carried Unanimously. Licence to O_~erate a Hot Dog Cart Mr. George Wellman requested that Council consider an amendment to the City's By-law with respect to operating a hot dog vending cart within 200 feet from a licenced establishment; provided a letter from Taco and Tequila Restaurant, the only restaurant within the 200 foot boundary who were not against the location of the cart subject to Council approval and the granting of a licence. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Michalczyk, that the request be denied. The motion Carried with Aldermen Orr and Wing voting contrary to the motion and with all others voting in favour. PLANNING MATTERS PD-2000-92 - Chief Administrative Officer - Re: Recommendation Report; Colangelo Estates Draft Plan of Subdivision 26T-11-2000-03 (Revised); Zoning by-law Amendment Application AM-1312000; 586112 Ontario Limited (In Trust). The report recommends the following: That Council determine if they wish to continue Dellpark Drive as originally intended across the hydro haulage road trail (municipal property); 2. If Dellpark Drive is to be extended: a) that the Colangelo Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; b) 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; c) 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; d) that the application to amend the Zoning By-law be approved to provide the necessary land use regulations to guide the development of the subdivision. If Dellpark Drive is not to be extended, the subdivision and zoning amendment applications be deferred to consider alternative designs. - AND - Communication No. 162 - Mr. Sherman Zavitz. The communication requests that the road is kept intact. Communication No. 163 - Chown Cairns, Solicitors on behalf of Ferdinando Fuoco and Lucia Fuoco, whose property is adjacent to and directly affected by the proposed subdivision. The communication advises that the outer boundaries of the land proposed for subdivision should be determined before a submission of a draft plan of subdivision and further advises that their clients strongly object to the proposed extension and location of a road illustrated as "Lucia Crescent" into property that is not owned by the developer. Communication No. 164 - Chown, Cairns, Solicitors on behalf of Joseph Marinelli and Assunta Marinelli, whose property is adjacent and directly affected by the proposed subdivision. The communication advises that their clients object to the block locations as they affect any future development of their property; and that Mr. and Mrs. Marinelli strongly object to the location of roads and the lots shown on their own property. Communication No. 165a) - Mr. Clyde Carruthers, 6681 Dellpark Drive. The communication expresses concerns with respect to the Colangelo Subdivision cuffing directly across the Haulage Road Trail to meet Dellpark Drive and advises that the plan does not consider the health, safety, convenience and welfare of the residents. It further comments that cutting directly across the Haulage Road Trail would introduce the unsafe and unhealthy aspects of traffic, noise, air pollution and vibration. - AND Communication No. 165b) Friends of Stamford Village to Mr. Carruthers. The communication advises support of the efforts to preserve the integrity of the Hydro Haulage Road. Communication No. 166) - Mr. Sterling Wood, 6671 Dellpark Drive. The communication requests that Council reject the proposed plan and suggests that the developer properly investigate alternatives such as access via Mountain Road. 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 the Regulations by First Class Mail on July 31, 2000. His Worship Mayor Thomson received indication that Mr. Tom Richardson, 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. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; Background; The Planning Review; Official Plan & Gauld Neighbourhood Plan; the Subdivision Design; Hydro Haulage Road Trail; Severance Applications; Traffic; Zoning Amendment; Regional Comments 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. Clyde Carruthere, 6681 Dellpark Drive, expressed concerns that the proposed connection to Dellpark Drive would create unsafe aspects of traffic, noise, air pollution to an area that was presently a safe and tranquil refuge for the residents in the area; and requested that Council not approve the development plan; and further advised that the Friends of Haulage Road were volunteering to be a clean-up crew for the area. Mr. Paul Heath, 6722 Dellpark Drive, referred to Council's decision in 1975 to make Haulage Road a linear park; referred to the method that the property was to be developed and suggested that the applicant consider other alternatives to develop the property and requested that Council retain their previous position on the matter. Mr. Rob Nicholson, 6288 Moretta Drive, advised that the neighbours in the area were determined to keep the Haulage Road Trail and requested that Council make the dght decision with respect to the trail; he also suggested that Haulage Road be dedicated either through a monument or a plaque to the Hydro workers who built the Hydro development project, and offered to co-ordinate a fundraising effort towards that end. Mr. Kerry Murphy 2581 Lepp Avenue, a former Hydro worker, expressed concems with regard to the demolition of the road and indicated that he was in favour of having a dedication of the Haulage Road trail to all the hydro workers who had build been involved in the hydro development project. Mr. Michael Britto, 6810 Dellpark Drive, suggested that the developer be considerate of the neighbours in the area and of the Haulage Road trail. Mr. Tom Richardson, Solicitor, referred to the Dellpark Ddve subdivision matter and of Council's neighborhood plan; the present and future needs of the area; questioned whether Council was making a decision to scrap the entire neighbourhood plan or whether Council was deciding if the road should not go through; he requested that Council approve the plan of subdivision and the zoning by-law amendment or indicate the nature of the rules in order that the applicant can abide by those rules. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-13/2000, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the application be denied. Carded Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the Solicitor and the Developer meet with City staff to discuss a secondary plan along with a traffic study. Carried Unanimously. PD-2000-89 - Chief Administrative Officer - City of St. Catharines Resolution; Long Term Protection for Unique Agriculture Areas. The report recommends that this report be received for the information of Council. - AND - Communication No. 167 - News Article from the Standard, dated August 10th, 2000, entitled 'Farm land protection motion criticized". - AND - Communication No. 168 - Mr. Jamie Slingerland, Alderman, Town of Niagara-on-the- Lake. The communication provides comments on the issue of "Freezing all farmland in the northern part of Niagara Region". ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be received and filed for the information of Council. The motion Carried with Aide,-man Wing voting contrary to the motion and with all others voting in favour. PD-2000-90 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Ascot Woods Extension 6, 26T-92003; Owner: Ascot Woods Limited. The report recommends that Council support a one-year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision; conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. PD-2000-91 - Chief Administrative Officer - Re: 1) Zoning By-law Amendment Application; AM-36199, Peter J. Lesdow, cio Andrew Cserpes; Property: Rainbow Motel and Hydro One Property; and 2) The use of Hydro One (formerly Ontario Hydro) Property for Parking. The report recommends the following: That Council reaffirm its decision to deny Zoning By-law amendment application AM-36/99 and staff be directed to advise the Ontario Municipal Board accordingly; That Council adopt a policy that the westerly half of the Hydro Corridor will be maintained as a vegetative buffer between the City's residential neighborhoods and the Central Tourism Districts; That Council adopt a policy that allows the easterly half of the Hydro Corridor to be used for commercial parking lots in accordance with the TADS study recommendations, and for overflow parking in conjunction with specific accommodations and attractions within a 1,000 foot radius; 4. That Council continue to use temporary use by-laws for parking, but only in emergencies or special circumstances where there is a hardship and for land already zoned for commercial purposes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that Recommendation #1 be approved and that Recommendations 2 through 4 be referred to staff for a further report. The motion Carded with Aldermen Michalczyk and Volpatti voting contrary to the motion and with all others voting in favour. PD-2000-93 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-29/2000, 8066 to 8078 Norton Street; Proposed Five-Unit On-Street Townhouse. The report recommends that Council approve the site plan for a proposed five-unit on- street townhouse at 8066 to 8078 Norton Street. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD-2000-94. Chief Administrative Officer - Re: Application for Site Plan Approval SPC-04/2000, 5651 Lewis Avenue; Proposed New Warehouse for Kraft Canada. The report recommends that Council approve the site plan for a proposed 61,000 sq. Ft. warehouse for Kraft Canada at 5651 Lewis Avenue. ORDERED on the motion of Alde,.an Michalczyk, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously, ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that a letter of appreciation be forwarded to the Kraft Company for their initiative. Carried Ul~animously. PD-2000-96 - Chief Administrative Officer - Re: Regional Policy Plan Amendment 147; Minor Urban Area Boundary Expansion; Thorold Stone Road and Kalar Road (Northwest Comer). The report recommends that Council advise the Region that the City has no objection to proposed Regional Policy Plan Amendment 147. ORDERED on the motion of Alde..an Janvary-Pool, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the Minutes of the Planning/Regular Council Meeting of July 17, 2000 and the Minutes of the Special Council Meeting of July 31, 2000 be adopted. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Letters of Condolence Mayor Thomson requested that letters of condolence be forwarded to the family of the late Antonio Pugliese and to the family of the late David John Speck, former President and Campaign Chair of the Niagara Falls United Way. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that a letter of condolence be forwarded to the family of the late Antonio Pugliese (Tony "Cannonball" Padsi) Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that a letter of condolence be forwarded to the family of the late David John Speck, fo..er President and Campaign Chair of the Niagara Falls United Way. Carried Unanimously. Casino Activities His Worship Mayor Thomson referred to recent comments with respect to a decline in casino activities and provided attendance statistics of 49,000 for a Saturday evening at Casino Niagara. Pro_oosal to Close Court House His Worship Mayor Thomson referred to the proposed closure of the Court House facilities on Queen Street and moving the functions to the court facilities in Welland. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that a letter be forwarded to Mr. Bart Maves, M.P.P. and to the Attorney General expressing opposition to the proposed closing of the Court House facilities on Queen Street and moving the functions to the court facilities in Welland. Carried Unanimously. The Niagara Falls Armoury ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that a letter be forwarded to the Minister of National Defence, the Hon. Arthur C. Eggleton, requesting the possibility of a more financially feasible arrangement for the municipality to purchase the Niagara Falls Armoury. Carried Unanimously. Marshville Heritage Festival His Worship Mayor Thomson provided information on the upcoming Marshville Hedtage Festival being held on September 2-4, 2000 in Wainfleet Village and encouraged the community to attend the festivities. COMMUNICATIONS Communication No. 169a) -The Royal Canadian Legion, Niagara Falls, Branches 51, 396, 479 - Re: Proclamation. The communication requests that Council proclaim the week of September 17th to 23~, 2000 as "Legion Week". ORDERED on the motion ofAIderman Volpatti, seconded byAIderman Janvary-Pool, that the request be approved. Carried Unanimovsly. Communication No. 169b) - The Royal Canadian Legion, Niagara Falls, Branches 51, 396, 479 - Re: Flag Raising. The communication requests permission for a Legion Flag Raising Ceremony on Monday, September 18, 2000 at 9:00 a.m. in honour of Legion Week. ORDERED on the motion of Alderman Volpatti, seconded by Aldeff-[-~an Janvary-Pool, that the request be approved. Carried Unanimously. Communication No. 170 - The Royal Canadian Legion, Branch 51 - Re: Annual Parade. The communication requests permission to use the venue of Fairview Cemetery to hold their annual parade to the Unknown Soldier on September 17th, 2000 at 10:30 a.m.. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that the request be approved. Carried Unanimously. Communication No. 171 - Rotary Club of Niagara Falls Sunrise - Re: Community Festival. The communication requests that the City recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 15, 16 and 17, 2000 and designates the event as a "Community Festival" in Niagara Falls ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the requestbe approved. Carried Unanimously. See Resolution No. 20 Communication No. 172 - Niagara Peninsula Canadian Hungarian Cultural Sports Centre - Re: Picnic. The communication requests permission to hold a picnic on August 27th, 2000 at the corner of Montrose and Biggar Roads. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. Communication No. 173 - Memorandum - Peter Corfield, Fire Chief - Re: Proclamation. The communication requests that Council proclaim the week of October 8th through October 14~, 2000 as "Fire Prevention Week". ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. Communication No. 174 - Fetal Alcohol Support Network (FAS) - Re: Proclamation. The communication requests that Council proclaim September 9th, 2000 as "Fetal Alcohol Support" (FAS) Awareness Day. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. Communication No. 175 - McKinley-Milodynia Chiropractic Clinic - Re: Annual Man- A-Mile Relay Race. The communication requests the use of Victoria Avenue, Valley Way, and Morrison Street for the Man-A-Mile Relay Race on Monday, October 9~, 2000 at 9:00 a.m. at McFarland Park. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. Communication No. 176 - Elstons, Solicitors - Re: Amendment No. 30 to the City of Niagara Falls Official Plan and By-law No. 2000-61. The communication provides comments with respect to the City of Niagara Falls Official Plan, Application No. AM-47/98, Canadian Niagara Hotels Inc. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the communication be received and filed, r,,erried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the July 17, 2000 Community Services Committee Minutes; MW-2000-82 - O'Neil Street Update Report on Traffic Issues - that the report be received and filed; R-2000-54 - Request for Tree Removal at 6302 Taylor Street - that the City remove the large maple tree in front of the residence at 6302 Taylor Street - Opposed: Aldermen Puttick, Wing and Janvary-Pool; R-2000-55 - Lease Agreement with Friends of Lundy's Lane Battlefield - that the City not enter into a lease agreement with the Friends of the Lundy's Lane Battlefield for all or any part of the Lundy's Lane Battlefield site - Opposed: Aldermen Orr and Ioannoni; Conflict - Alderman Wing; R-2000-56 - Letter and Petition regarding City Trees - that the London Plane trees on Warden Avenue between Dunn Street and Margaret Street not be removed; that City staff be directed to provide additional attention to the clean up in this area and that the trees be trimmed to allow for better street lighting; that sidewalk repair for this street be included in the 2001 budget and finally, that the City not purchase or plant anymore London Plane Trees anywhere in the City; - 10- R-2000-58 - Landscape Plan for Lundy's Lane Battlefield Park - that members of Council receive and file the landscape plans for the Lundy's Lane Battlefield Park and further that staff be directed to hold a public meeting of all stakeholders for both input on the landscape plan and to share information concerning the restoration of Fralick's Tavern. Staff should then be instructed to report back to City Council on the outcome of the meetings and for final approval of the landscape plan - Opposed: Alderman Orr; Conflict: Alderman Wing; BBS-2000-02 - RRAP Agency Agreement - that the City enter into an agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program similar to its 1974 programme; BBS-2000-03 - Fence Variance on Sodom Road - to approve a fence to a maximum of eight feet, six inches high along the side property lines in the front yard of 10683 Sodom Road to a point not less than sixty-eight feet from the centre line of Sodom Road and that the balance of the fence height in the front yard be no greater than four feet from that point to the front lot line; BBS-2000-04 - Variance Sign - Jain Imports - to approve a variance for a ground sign having an area of two-hundred and fifty square feet for Jain Imports at 4080 Montrose Road, Niagara Falls, Ontario - Conflict: Alderman Feren; 10. BBS-2000-06 - Drummond Road Property Standards - that the Manager of By-law Enforcement be authorized to retain a towing company forthwith to remove the unlicenced vehicles and various debris from 5132 Drummond Road which the owner was ORDERED to carry out under an Order of the Property Standards Officer; 11. BBS-2000-07- Variance to Sign by-law, Mount Carmel Plaza, Phase III - that Council approve the variance for a forty-foot high ground sign at 3770 Montrose Road for Mount Carmel Centre Plaza, Phase III - Conflict: Alderman Feren; 12. BBS-2000-05 - Application for Projecting Sign; Sign By-law Variance Request By- Poll, August 11,2000; 5008 Centre Street - that Council approve the variance to the Sign By-law for the application of a projecting sign at 5008 Centre Street, for Alien Encounters, Yanks and House of Cuban Cigars - Conflict: Alderman Feren; Communication Items: 13. Correspondence from neighbours of 7019 Woodington Road - Re: Flooding -that a letter from the neighbours of 7019 Woodington Road requesting the upgrade of the storm sewer system in their area be received, filed and referred to staff for investigation with a report back to the Committee; 14. Petition from residents of Silvan Street and Mount Forest area - Re: Proposed Sidewalk - that a petition against proposed sidewalks to Silvan Street be received, filed and referred to staff for investigation with a report back to the Committee; New Business: 15. Sidewalk on Portage Road in Chippawa - that staff be directed to install dirt fill on either side of the newly installed sidewalk on Portage Road in Chippawa; 16. Traffic on Russell Street -that staff be directed to investigate traffic calming enforcement on Russell Street. 11 - The motion Carded with Aldermen Puttick, Wing and Janvary-Pool abstaining from the vote on Report R-2000-54 on conflicts of interest; Alderman Wing abstaining from the vote on Report 2000-55 and Report 2000-58 on a conflict of interest and Alderman Orr voting contrary to the motion on Report R-2000-55 and R-2000-58; Alderman Ioannoni voting contrary to the motion on Report R-2000-55; and with Alderman Feren abstaining from the vote on Report Nos. BBS-2000-04; BBS-2000-05 and BBS-2000-07 on conflicts of interest and with all others voting in favour. See By-law No. 2000-167 MW-2000-83 - Chief Administrative Officer - Re: Public Information Session & Open House for Collins Drive and Toby Crescent. The report recommends that the information contained in this report be received and filed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW-2000-84 - Chief Administrative Officer - Re: Contract 2000-187-00 - Collins Drive and Toby Crescent Road Reconstruction. The report recommends that the unit prices submitted by the Iow tenderer, Centennial Construction and Contracting Inc., be accepted and the by-law be passed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-174 MW-2000-85 - Chief Administrative Officer - Re: Contract 2000-190-00 - 2000 Watermain Replacement Program. The report recommends that the unit prices submitted by the Iow tenderer, Condotta Construction Ltd., be accepted and the by-law be passed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-175 BBS-2000-01 - Chief Administrative Officer - Re: Appointment of Inspectors - Robert Judge and Sandro Ella. The report recommends that Robert Judge and Sandro Ella be appointed as Inspectors pursuant to the Building Code Act 1992, the appointment of Ted Armstrong, as an Inspector, be cancelled and that By-law 93-238 be amended accordingly. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-166 RATIFICATION OF ENVIRONMENTAL PLANNING AND GREENING COMMITTEE ACTIONS ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that the actions of the Environmental Planning and Greening Committee be approved. R-2000-57 - Chair, Environmental Planning and Greening Committee - Re: Actions Stemming from the Environmental Planning and Greening Committee Meeting of July 17, 2000. The report recommends that Council endorse the actions of the July 17, 2000 meeting of the Environmental Planning & Greening Committee. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the Corporate Services Committee minutes of July 17, 2000; -12- F-2000-50 Municipal Accounts - that the Municipal Accounts totalling $15,571,370.29 for the period ending August 21, 2000 be approved -Aldermen Michalczyk, Feren, Wing Craitor - conflicts of interest; Millennium Clock - that staff provide a detailed report on the expended costs for the Millennium Clock; F-2000-51 - Banking Resolution and Change in Signator - that the revised Banking Resolutions and change in signators be approved; F-2000-52 - Major Receivables Quarterly Report - that the report be received for information; F-2000-54 - Second Quarter Financial Update - that the report be received for information; Communication - Ontario Property Assessment Corporation: Date for Mailing Notices of PropertyAssessment; Personal Privacy and Assessment Roll Information - that the communications be received and filed; o Niagara Regional Police Service Re: Donation to Police Memorial - that $350.00 be donated towards the Niagara Regional Police Memodal to recognize Police Officers who die whilst employed by the Police Service; Youth Challenge International Sponsorship - that a grant of $250.00 each be approved to assist Rick Lombardi and Wendy MacCrimmon with the Youth Challenge International Project - Opposed: Alderman Janvary-Pool; 10. Niagara Transit - that staff report on the elimination of the Niagara Transit route to Brock University and suggest possible alternatives - Opposed: Alderman Puttick; 11. Downtown Board of Management - that Council endorse the recommendations from the Downtown Board of Management with respect to adopting the downtown market area as a flea market site; 12. Fireworks Display - that Council approve the Canadian Niagara Hotel's request for a fireworks display on the top of the parking ramp at Casino Niagara; 13. United Way Elimination Draw and Dinner - that Council purchase a table at a cost of $500.00 for the United Way Elimination Draw and Dinner; 14. Ontario Town Crier Championships - that Council provide sponsorship in the amount of $500.00 for the Ontario Town Crier Championships to be held at the Marshville Festival in VVainfleet; 15. Boys and Girls Club - that a half-page ad be approved acknowledging the 40th Anniversary Celebration of the Boys and Girls Club; 16. City's Referendum Question - that the information be received on the Ministry of Municipal Affair's appeal on the City's referendum question. The motion Carried with Aldermen Craitor, Feren, Michalczyk, and Wing abstaining from the vote on Report F-2000-50 on conflicts of interest previously noted; Alderman Janvary- Pool voting contrary to the motion to the matter dealing with the Youth Challenge International Sponsorship; Alderman Puttick voting contrary to the motion dealing with Niagara Transit route to Brock University and with all others voting in favour. 13 - CD-2000-19 - Chief Administrative Officer - Advance Polls - 2000 Municipal Election. The report recommends that Council pass a By-law appearing on this evening's agenda. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-163 CD-2000-20 - Chief Administrative Officer - Re: Hours of Voting. The report recommends that Council pass a By-law appearing on this evening's agenda. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-164 CD-2000-21 - Chief Administrative Officer - Special Occasion Permits. The report recommends that Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations listed in this report. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the Special Occasion Permit Application for Eastside Mario's for Customer Appreciation Nights on September 8-9, 2000 be approved. Carried Unanimously. L-2000-62 - Chief Administrative Officer - Re: Street Name Change; Part of Edgeworth Road to become Weinbrenner Road. The report recommends that Council authorize the name of part of Edgeworth Road, as shown shaded on the plan attached, be changed to Weinbrenner Road. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L-2000-63 - Chief Administrative Officer - Re: Release of Sits Plan Agreement; 2886 Stanley Avenue (at Church's Lane). The report recommends that Council release Classic '59 Investments Inc. from a 1990 Site Plan Agreement registered on title to the property formerly owned by Daniel and France Mowbray, 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, at no cost to the City. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L-2000-65 - Chief Administrative Officer - Re: Erskine Agreement with the City; Building Permit - Testamentary Devise. The report recommends that an Agreement dated July 27, 2000 between Mary Erskine and Robert James Erskine and the City regarding application for a Building Permit with respect to Part 10 on Reference Plan No. 59R-7428, on the east side of Morris Road, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Aldermen Michalczyk and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-170 L-2000-66 - Chief Administrative Officer - Re: Niagara District Airport - Agreement. The report recommends that the attached Agreement among The Corporation of the Town of Niagara-on-the-Lake, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold and The Corporation of the City of Niagara Falls relating to the operation of the Niagara District Airport, be approved. 14 - ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanim0u~ly. See By-law No. 2000-162 L-2000-67 - Chief Administrative Officer - Re: Establishment of Daylighting Triangles as Public Highways; Russell Street and Robinson Street. The report recommends that the daylighting triangle at the comer of Russell Street and St. Patrick Avenue, described as Part 3 on Reference Plan No. 59R-11067, and the daylighting triangle, described as Part 1 on Reference Plan No. 59R-9906, located at the intersection of Robinson Street and Grey Avenue, be established as public highways to form part of Russell Street and Robinson Street, respectively. ORDERED on the motion of Alde,,an Feren, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-168 RESOLUTIONS NO. 19 - PIETRANGELO - FEREN - WHEREAS the City of Niagara Falls distributes and retails electricity through its Niagara Falls Hydro Commission and successor companies; AND WHEREAS the City and its Hydro Commission have not allowed a rate increase since 1993, despite the impacts of inflation and other economic factors; AND WHEREAS the Hydro Commission has maintained quality service to a continuously increasing number of customers with the same number of employees; AND WHEREAS the Province has de- regulated the Ontario electrical market which would allow private companies to enter the market; AND WHEREAS in anticipation of the open market, the Province ordered mandatory restructuring of Municipal Electrical Utilities by November 7, 2000; AND WHEREAS the original proposal was to allow municipalities to either hold its local utility or sell it; AND WHEREAS the odginal proposal was to allow municipalities that retained their local utility to decide whether to operate the utility as a for-profit or not-for-profit business; AND WHEREAS the local Hydro Commission has spent over $500,000 to implement the changes required by the Provincial Electricity Act, the Business Corporation Act and Energy Board Act; AND WHEREAS the local changes were planned under the assumption that Niagara Falls Hydro Inc. would be a for-profit operation; AND WHEREAS Niagara Falls City Council approved a for-profit orientation which was consistent with overall electdc industry restructuring and was provided for by the Performance-Based Regulation under the Ontado Energy Board's regulatory regime; AND WHEREAS the new Hydro Corporation has submitted a request for a 3.7% rate increase to pay new taxes to the Provincial Government for Ontario Hydro's debt; AND WHEREAS the Hydro Corporation's request for a rate increase includes only 2.4% for the city's entitlement as sole shareholder; AND WHEREAS the City of Niagara Falls would accept no surplus payments from the Niagara Falls Hydro until infrastructure improvements to the local distribution system have been performed; AND WHEREAS Bill 100, "An Act to Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers from Unjustified Rate Increases" will not allow any rate increase that results from the servicing of debt (interest payments) or the sharing of profits (dividends on shareholdings) or any rate increase that results from the transfer of assets from Niagara Falls Hydro Inc. to the City through the transfer bylaw; AND WHEREAS by introduction of Bill 100 the Province has effectively changed their own rules mid-way through the de-regulation process at great expense to our customers; AND WHEREAS the Bill 100 legislation has put into doubt the financial stability of Niagara Falls Hydro Inc. due to the restrictions on the payment of dividends and interest; AND WHEREAS Bill 100 does not allow municipal owners to be treated in the same manner as any Shareholder of an Ontario business corporation in that they are unable to receive a commercial rate of return on their investment; 15 - AND WHEREAS the Bill 100 legislation provides for operating margins at Niagara Falls Hydro Inc. which will be insufficient to provide any cushion for unexpected operating requirements such as major environmental or weather related factors such as an ice storm as experienced a few years ago in Eastern Ontado; AND WHEREAS Bill 100 appears to favour the provincial utility Hydro One, in that Hydro One was granted the lower cost of power than that of municipal electric utilities and Hydro One seems to have a confidence concerning regulatory matters which are not shared by the distribution utilities, thereby translating into an unfair advantage for Hydro One; AND WHEREAS Bill 100 creates many potentially anti-competitive implications for the Province's and Hydro One's dominance of the distribution sector;, AND WHEREAS the Bill 100 legislation may cause serious consequences to the newly incorporated Hydro Company and the City as they must give careful consideration to a new set of Provincial rules. NOW THEREFORE BE IT RESOLVED that City Council resolves to object to the proposed legislation and to petition the Ministry of Energy, Science and Technology to rescind Bill 100, "An Act to Promote Efficiency in the Municipal Electricity Sector and to Protect Consumers from Unjustified Rate Increases"; AND FURTHER BE IT RESOLVED that the for-profit option originally proposed for local electric utilities be retained or at least phased in. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 20 - MICHALCZYK - IOANNONI - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 15, 16 and 17, 2000 and designates the event as a "Community Festival" in Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 21 - CRAITOR - IOANNONI - WHEREAS on February 18, 2000 a letter was sent by the Mayor's Office to the Alcohol & Gaming Commission of Ontario (AGCO) raising concerns about the liquor licence application for an establishment named Elektrowerkz Caf~ located at 4439 Queen Street, Niagara Falls; AND WHEREAS the municipal address for Elektrowerkz Caf~ was similar to the Anaconda Night Club (formerly the Cell Block), which had run afoul with AGCO for liquor violations leading to a revocation of their licence; AND WHEREAS there were concerns that the new establishment was merely a front for the old management attempting to regain a liquor licence; AND WHEREAS the Downtown BIA had gone on record opposed to the issuance of the liquor licence for Elektrowerkz Cafe; AND WHEREAS the Anaconda has been the site of many complaints to the police and criminal charges have been laid on the premises; THEREFORE BE IT RESOLVED that City Council formally oppose the issuance of a liquor licence to Elektrowerkz Caf6 or any renewal of liquor licences for the Anaconda (former Cell Block). AND the Seal of the Corporation be hereto affixed. Carried Unanimously 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: 2000-161 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan Amendment No. 30. (Re: AM-47/98, Canada Niagara Hotels Inc.) 2000-162 A by-law to authorize the execution of an agreement with respect to the operation of the Niagara District Airport. 16 - 2000-163 A by-law to provide for advance votes to be held prior to voting day. 2000-164 A by-law to provide for hours of voting on election day and reduced hours of voting in institutions and retirement homes. 2000-165 A by-law to amend By-law No. 79-200, as amended. (AM-02/99; c/o Reno Marcon) 2000-166 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. 2000-167 A by-law to authorize the execution of a supplemental agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program (R.R.A.P.). 2000-168 A by-law to establish Part 3 on Reference Plan No. 59R-11067, as a public highway, to be known as and to fom-~ part of Russell Street. 2000-169 A by-law to establish Part 1 on Reference Plan No. 59R-9906, as a public highway, to be known as and to form part of Robinson Street. 2000-170 A by-law to authorize an Agreement, dated July 27, 2000, between Mary Erskine and Robert James Erskine and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-171 A by-law to change the name of part of Edgeworth Road designated as Parts I and 2 on reference Plan No. 59R-11122 to be known as and to form part of Weinbrenner Road. 2000-172 A by-law to authorize a Release of a Site Plan Agreement registered in 1990 as Instrument No. 594918 on the title to property now owned by Classic '59 Investments Inc. 2000-173 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan Amendment No. 31. (Re: AM-24/00) 2000-174 A by-law to authorize the execution of an Agreement with Centennial Construction and Contracting (Niagara) Inc. respecting road reconstruction on Collins Drive and Toby Crescent. (Re: Report MW-2000-84) 2000-175 A by-law to authorize the execution of an agreement with Condotta Construction Limited respecting 2000 Watermain Replacement Program. (Re: Report MW-2000-85) 2000-176 A by-law to authorize monies for General Purposes. (August 21, 2000) The motion Carded with Alderman Michalczyk abstaining from the vote on By-law No. 2000-161 on a conflict of interest previously noted; Alderman Michalczyk and Pietrangelo abstaining from the vote on By-law No. 2000-170 on conflicts of interest previously noted; Aldermen Craitor, Feren, Michalczyk and Wing abstaining from the vote on By-law No. 2000-176 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the by-laws be now read a second and third time: 2000-161 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan Amendment No. 30. (Re: AM-47/98, Canada Niagara Hotels Inc.) 17 - 2000-162 A by-law to authorize the execution of an agreement with respect to the operation of the Niagara Distdct Airport. 2000-163 A by-law to provide for advance votes to be held pdor to voting day. 2000-164 A by-law to provide for hours of voting on election day and reduced hours of voting in institutions and retirement homes. 2000-165 A by-law to amend By-law No. 79-200, as amended. (AM-02/99; c/o Reno Marcon) 2000-166 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. 2000-167 A by-law to authorize the execution of a supplemental agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program (R.R.A.P.). 2000-168 A by-law to establish Part 3 on Reference Plan No. 59R-11067, as a public highway, to be known as and to form part of Russell Street. 2000-169 A by-law to establish Part 1 on Reference Plan No. 59R-9906, as a public highway, to be known as and to form part of Robinson Street. 2000-170 A by-law to authorize an Agreement, dated July 27, 2000, between Mary Erskine and Robert James Erskine and The Corporation of the City of Niagara Falls regarding application for a Building Permit. 2000-171 A by-law to change the name of part of Edgeworth Road designated as Parts 1 and 2 on reference Plan No. 59R-11122 to be known as and to form part of Weinbrenner Road. 2000-172 A by-law to authorize a Release of a Site Plan Agreement registered in 1990 as Instrument No. 594918 on the title to property now owned by Classic '59 Investments Inc. 2000-173 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan Amendment No. 31. (Re: AM-24/00) 2000-174 A by-law to authorize the execution of an Agreement with Centennial Construction and Contracting (Niagara) Inc. respecting road reconstruction on Collins Drive and Toby Crescent. (Re: Report MW-2000-84) 2000-175 A by-law to authorize the execution of an agreement with Condotta Construction Limited respecting 2000 Watermain Replacement Program. (Re: Report MW-2000-85) 2000-176 A by-law to authorize monies for General Purposes. (August 21, 2000) The motion Carried with Aldem-~an Michalczyk abstaining from the vote on By-law No. 2000-161 on a conflict of interest previously noted; Aldermen Michalczyk and Pietrangelo abstaining from the vote on By-law No. 2000-170 on conflicts of interest previously noted; Aldecmen Craitor, Feren, Michalczyk and Wing abstaining from the vote on By-law No. 2000-176 on conflicts of interest previously noted and with all others voting in favour. Terry_ Fox Run 18 - Alderman Ioannoni provided information on the upcoming Terry Fox Run being held on September 17th, with a kickoff B.B.Q. that had been held on August 18th, 2000 at City Hall; she further advised that a tree would be planted in Terry Fox's honour. Welcome to New Police Chief ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Michalczyk, that a letter be forwarded to Gary Nicholls welcoming him as the new Police Chief. Carried Unanimously. Chi_o_oawa CanAm Games ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter of congratulations be forwarded to the Chippawa Fire Dept. for all their efforts in the CanAm Games. Carried Unanimously. Fencing Backyard Swimming Pools Alderman Selina Volpatti expressed concerns with respect to the reported number of drownings of children in backyard swimming pools and requested that staff bring back a report on the issue of providing fencing around the four sides of backyard swimming pools instead of having fencing around only three sides of the pools. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that staff bring back a report with respect to having fencing around the four sides of backyard swimming pools instead of only around three sides. Carried Unanimously. Niagara Regional Minor Football Alderman Craitor advised that the Niagara Regional Minor Football Championships would be held on August 27th, 2000 at A.N. Myer High School and invited everyone to attend. Skate Board Park ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that a report be brought back with respect to having a Skate Board Park through the Trillium Fund program. Carried Unanimously. 19 - ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the meeting be adjourned. Carded Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR TWENTIETH MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 September 11, 2000 Council met on Monday, September 11, 2000 at 6:30 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Judy Orr, who was away due to illness, were present. Alderman Selina Volpatti presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole rose to report in open session. READANDADOPTED, WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers September 11, 2000 Council met on Monday, September 11, 2000 at 7:15 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Judy Orr, who was away due to illness, were present. Alderman Victor Pietrangelo offered the Opening Prayer. DISCLOSURES OF PECUNIARYINTEREST Alderman Craitor indicated a pecuniary interest on Report No. F-2000-55, Cheque Nos. 253614; 253754; 253811; M93062 and 253533 because a family member is employed by the Region. Alderman Feren indicated a pecuniary interest on Report F-2000-55, Cheque No. 253817 because a family member is the recipient; indicated a pecuniary interest on Report R-2000-60 because he was a bidder on the project; and on Report PD-2000-107; Report Re: Permanent Casino, Reciprocal & Development Agreements and on By-law Nos. 2000- 177 and 2000-178, dealing with Casino matters; and indicated a pecuniary interest on Communication No. 257, because his company is involved. Alderman Ioannoni indicated a pecuniary interest on Report F-2000-55, Cheque No. 253775, and Communication No. 256, because a family member is employed by the Niagara Parks Commission. Alderman Michalczyk indicated a pecuniary interest on Report F-2000-55, Cheque No. 253815 because of his ongoing investigation and lawsuit; and indicated a pecuniary interest on Report PD-2000-107; Report Re: Permanent Casino, Reciprocal & Development Agreements and on By-law Nos. 2000-177 and 2000-178, dealing with Casino matters. PRESENTATIONS Site Plan for Permanent Casino His Worship Mayor Thomson introduced, Mr. Stephen Raynor, Falls Management Corporation, who provided a video presentation of the permanent casino complex, located at the southeast corner of Buchanan Avenue and Murray Street, overlooking the Falls and Queen Victoria Park; he reviewed the shopping, entertainment and restaurant facilities, the incorporation of the Hydro Electric Building into the casino complex and provided an overview of the streetscaping, landscaping and parking features of the project His Worship Mayor Thomson thanked Mr. Raynor for his presentation. - AND - Report PD-2000-107 - Chief Administrative Officer - Re: Processing of Permanent Casino Project - Site Plan Review. The report recommends that Council accept the site plan submitted for the development of the permanent casino complex. ORDERED on the motion of Alderman loannoni, seconded by Alderman Puttick that the report be received and adopted. The motion Carried with Aldermen Feren and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. - AND - ,, Report - Re: Permanent Casino - Reciprocal & Development Agreements. The report recommends that the by-laws appearing on to-night's agenda to authorize the execution of the above noted agreements be passed. ORDERED on the motion of Alderman i0annoni, seconded by Alderman Puttick, that the report be received and adopted. The m~tion Carded with Aldermen Feren and Michalczyk abstaining from the vote on conflicts of ~nterest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alde,,an Craitor, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 2000 -177 A by-law to authorize the execution of an agreement with the Ontado Lottery and Gaming Corporation with respect to a development agreement. 2000-178 A by-law to authorize the execution of an agreement with the Ontario Lottery and Gaming Corporation with respect to a reciprocal agreement. The motion Carried with Aldermen Feren and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Aide[man Pietrangelo, seconded by Alderman Campbell, that the by-laws be now read a second and third time: 2000 -177 A by-law to authorize the execution of an agreement with the Ontado Lottery and Gaming Corporation with respect to a development agreement. Il I fill I ri Iii[Ill I I 2000-178 A by-law to authorize the execution of an agreement with the Ontario Lottery and Gaming Corporation with respect to a reciprocal agreement. The motion Carried with Aldermen Feren and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Following the presentation and the passing of the by-laws, members of the media and the public met with the City's Negotiating team for question period. Following the discussion, it was ORDERED on the'motion of Alderman Janvary- Pool, seconded by Alderman Ioannoni, that a letter of appreciation be forwarded to the City's Negotiating team and further, that all those individuals who worked on the referendum issue also be acknowledged. Carried Unanimously. PLANNING MATTERS PD-2000-92 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-20/2000, Dennis Sunstrum & Virginia Sunstrum; 6335 Crawford Street; Commercial Parking Lot/Town and Country Florist. The report recommends the following: That Council deny the Zoning By-law Amendment Application to legalize the employee parking lot which was constructed without approval on the property known as 6335 Crawford Street; That Council encourage the applicant to explore other employee parking options in one of the nearby commercial areas to lessen the impact on the surrounding neighbourhood. - AND - Communication No. 177 -Albert & Peggy Tout, 6259 Crawford St. The communication advises as being in favour of the application. Communication No. 178 -Ada Aceti, 4064 Longhurst Ave. The communication advises as being in favour of the application. Communication No. 179 -Ms. Nellie Richard. The communication advises as being in support of the application. Communication No. 180 - Mr. Fred Copffer, 633;4 Crawford Street. The communication advises as being in support of the application. Communication No. 181 - Lia Nieuwesteeg, 6303 Crawford Street. The communication advises as being in support of the application. Communication No. 182 - Mr. Al Bray, 6266 Stamford Green Drive. The communication advises as being in favour of the application. Communication No. 183 - Eileen Rossi, 3079 Basswood Crescent. The communication advises that the lot is a benefit to the neighbours, customers, employees and everyone concemed. Communication No. 184 - Mr. Steve Brandes, 6358 Crawford Street. The communication advises as being in support of the proposed application. Communication No. 185 - Sunstrum's Town & Country florist Ltd. The communication provides an update on a meeting held with invited residents on June 21,2000. Communication No. 186 - Mr. John E. Howe, Accountant. The communication advises that the floral shop owner should receive what ever benefits are available to him. Communication No. 187 - Stamford Centre Volunteer Firemen's Association. The communication advises as being in support of the application. Communication Nos. 188 through Nos. 241 - Form letters advising as being in opposition to the application. Communication No. 242 - Donna Harrison and Wayne Smith, 6338 Sheldon Street. The communication advises as objecting to the proposed zoning amendment. Communication No. 243 - Marge Dempsey, 6357 Crawford Street. The communication expresses objections to the parking lot. Communication No. 244 - Gladys Plato, 4063 Longhurst Street. The communication advises as being opposed to the application. Communication No. 245 - Lorna M. Anstruther, 4075 James Avenue. The communication advises as being totally opposed to application. Communication No. 246 - Joyce & Harold Watson, 4143 Longhurst Avenue. The communication advises as being in opposition to the amendment. Communication No. 247 - Karen Moody, 3280 Addison Avenue. The communication suggests that the commemial institution has outgrown its locations and should move to a more appropriate neighborhood. Communication No. 248 - Mrs. Kathleen Tiplin, 4176 Longhurst Avenue. The communication advises as strongly objecting to the current usage of the subject property. Communication No. 249 - Petition for the Maintenance of Residential Status and Removal of the Parking Lot on Longhurst Street, headed by Marge Dempsey. Communication No. 250 - Garry and Donna Holland, 4046 Longhurst Avenue. The communication advises as objecting to the parking lot illegally built on Longhurst Avenue. Communication No. 251a) - Regional Niagara, Planning and Development Department and the No. 251b) Regional Public Works Department. The communications advise as having no objections 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 the Regulations on August 11, 2000. His Worship Mayor Thomson received indication that Mr. John Broderick, 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. Il [ ~rl I Il II Itlll I 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 Ontado Municipal Board headng. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; and the Public Notification Process; he advised that the Town and Country Florist shop was a legal non-conforming and non-complying use; stated that the design of the parking lot was creating unsafe conditions and was not compatible with the surrounding neighbourhood; he stated that the florist business has outgrown its current location and the applicant should consider relocating to an area zoned for commercial use and provides the necessary parking spaces required; and advised that staff were recommending denial of the 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 positive response in opposition to the application. Mr. Fred Copfer, 6334 Crawford Street, supported the application and indicated the new parking lot was very neat and tidy and that it was a good addition to a busy street. Ms. Marge Dempsey, 6357 Crawford Street, expressed opposition to the illegal parking lot created on Longhurst Street; and addressed the following concerns, through the use of slides: the safety hazards to pedestrians and vehicular traffic due to cars entering and exiting the parking lot and having inappropriate parking; the installation of a light standard which shines onto neighbouring properties; the parking and idling of large commercial trucks in the area causing noise and air pollution and requested that Council deny the application. Ms. Lorna Anstruther, 4075 St. James Avenue, expressed opposition to the illegal parking lot and the proposed change in zoning; she stated that the parking lot was an eyesore in a residential neighbourhood and was being used in an unsafe manner and requested that Council reject the application. Mr. Sandy McKay, 4143 St. James Avenue, expressed the opinion that with vehicles crossing back and forth from the parking lot would result in broken sidewalks and taxpayers would have to pay for the repairs. Mr. John Brodedck, Solicitor responded to questions raised with respect to the parking issue and commented that the fiowershop was a legal non-conforming use, that this was a specific proposal in order to solve a parking issue; and advised that the applicant would be willing to reconfigure the parking lot in compliance with the City's requirements. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-20/2000, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted and further that the parking area be returned to a green space. Carded Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that Council be provided with a report outlining all steps taken by staff to stop the unlawful use of the parking lot at 6335 Crawford Street. Carried Unanimously. I] I illl [I[I 11 lille I I -6 - ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD-2000-99 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-2812000, 5706 Ferry Street; 7-Storey Addition and Renovations to the Super 8 Lodge. The report recommends that the application to add a second, 7-storey tower to the Super 8 Lodge at 5706 Ferry Street be approved subject to the following conditions: 1) That Council is satisfied with the property's parking layout having regard to its buffering and screening policy for residential land use and the maneuvering of buses; 2) That the amending by-law rescind the current site specific GC zoning and be replaced by a site specific TC zoning; 3) That the applicant dedicate a 10-foot road widening to Regional Niagara. - AND - Communication No. 252 - Regional Niagara, Planning and Development Department. The communication provides comments that the City should ensure that the proposed development is consistent with the new toudsm policies and the related design and other development criteria. 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 the Regulations on August 22, 2000. His Worship Mayor Thomson received indication that Mr. Peter Lesdow, Architect, 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 Ontado Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; The Planning Review and the Public Notification Process; he advised that staff were recommending approval subject to the conditions outlined in the report. Mr. Peter Lesdow addressed concerns with respect to buffering and landscaping matters; he advised that a 10 foot landscaping strip would be provided with the removal of 3 parking spaces at the southern portion of the property along with closed board 6 foot high fencing and greening along Grey Avenue to Ferry Street; he further advised that bus traffic would be relocated to exit onto Ferry Street. 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. II I ]11 I rl I] I[111 '1 I Ms. Rosie Barillari, 6056 Grey Avenue, expressed concerns with respect to changing the area from General Commercial to a sitespecific Tourist Commercial zone; the exits and the traffic coming from the parking lot; the increase of taxes and questioned the public notification process. The Director of Planning and Development provided clarification on the public notification process; and indicated that the property was zoned General Commercial and this application would bring the property to conformity with the Official Plan to Toudst Commercial. Mr. Lesdow responded to concems regarding provided clarification on the issue of buffering and advised that it was difficult to provide more buffering due to the geography of the site. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-28/2000, closed. ORDERED on the motion of Alderman Feren, seconded by Aldet~-dan 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. ORDERED on the motion of Aide,-man Feren, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carded Unanimously. See By-law No. 2000-195 PD-2000-102 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-25/2000, Steven and Cristina Tomin; 2176 Stanley Avenue; Growing of Crops and Construction of Additions and Buildings. The report recommends the following: That Council approve the Zoning By-law amendment application to permit: the growing of corps to be continued on the lands; the construction of a new 5,200 square foot barn and two other accessory storage buildings; and the construction of a 3,453 square foot addition to the existing dwelling; That the amending by-law include provisions to control the sizes and locations of the buildings and to preclude the keeping of livestock. - AND - Communication No. 253 - Regional Niagara, Planning and Development Department. The communication comments on the 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 the Regulations on August 11, 2000. 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 prior to leaving the meeting. II ! 'ill I [ Itl II IHI I I 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. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; The Planning Review and the Public Notification Process and advised that staff were 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 in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-25/2000, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-2000-103 - Chief Administrative Officer - Re: Official Plan and Zoning By-law Amendment Application; AM-2612000, Fernando Pingue; 6690 Montrose Road; Agent: Greg Tares, Greg Tares Planning Consultants Ltd. The report recommends the following: That Council approve the Official Plan and Zoning By-law amendment application to permit a small industrial mall to be constructed at the front of the property and a self-storage facility to be built on the remainder of the property; That the amending by-law include a provision requiring a minimum of 15% of the site to be in the form of landscaped open space. - AND - Communication No. 254 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. - AND - Communication No. 255 -Alice Sebben, 6716 Montrose Road. The communication expresses the following concerns: the proximity of the industrial mall to their residence and the around the clock operations; the potential noise from these activities during the night; safety concerns of the children in the area due to the significant volume of trucks and cars; congestion and the obstruction of traffic created by the proximity of the driveway. 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 the Regulations on August 11, 2000. His Worship Mayor Thomson received indication that Mr. Greg Taras, 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. II I ill I I rt Ii Illll I 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 Ontado Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the info[marion contained in the Recommendation Report; The Proposal; The Amendment; The Planning Review and the Public Notification Process; advised that it was a reasonable land use proposal and it fit in the Official Plan for the area, that staff were recommending approval of the application along with an enclosed 15% landscaping standard. 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. David Sebben, was in attendance on behalf of his mother, whose property is adjacent to the applicant and expressed concerns regarding the proximity of the applicant's ddveway to their property and to the safety of their children; the volume of trucks and cars and of the potential noise and congestion created by these vehicles; he requested that measures be taken with regard to providing fencing and buffering in the area. Mr. Greg Tares responded to concerns raised and advised that the main entrance would be moved to the north of the property and that the issue of privacy fencing would be addressed. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-26/2000, closed. ORDERED on the motion of Alder,-~an Feren, seconded by Alde,~-~an Pietrangelo, that the report be received and adopted and further that the issue of fencing and landscaping be included and that Mr. David Sebben be included in the site plan process. Carried Unanimously. ORDERED on the motion of Aldeh-~an Feren, seconded by Alde~w~an Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD-2000-97 - Chair, Local Architectural Conservation Advisory Committee. Re: Appointment to LACAC. The report recommends that Council appoint Tod Barclay to the Local Architectural Conservation Advisory Committee (LACAC). ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously See By-law No. 2000-194 PD-2000-100 - The Use of Hydro One Property for Parking. The report recommends the following: That Council adopt an intedm policy that the westerly half of the Hydro Corridor will be maintained as a vegetative buffer between the City's residential neighborhoods and the Central Toudsm Districts; That Council adopt an interim policy that allows the eastedy half of the Hydro Corridor to be used for commercial parking lots in accordance with the TADS study recommendations, and for overflow parking in conjunction with specific accommodations and attractions within a 1,000 foot radius; 10- 3. That Council continue to use temporary use by-laws for parking, but only in emergencies or special circumstances where there is a hardship and for land already zoned for commercial purposes. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the recommendation be approved until such time as an Official Plan Amendment is adopted to designate the Hydro corridor for open space purposes. Carded Unanimously. PD-2000-104 - Chief Administrative Officer - Re: Addendu n to the Site Plan Agreement between 1184538 Ontario Ltd., and the City SPC-19199, 6788 Thorold Stone Road; Mack O'Rooney's Restaurant. The report recommends that Council approve the amended site plan for Mack O'Rooney's Restaurant at 6788 Thorold Stone Road to pe~it the use of the eastedy lands for restaurant parking only on an intedm basis. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that the report be received and adopted with the addition of "until December 2001". Carried Unanimously. PD-2000-105 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-3612000, 5580 Swayze Drive; Proposed Industrial Mall. The report recommends that Council approve the site plan for a 33,700 sq. ft. Industrial building at 5580 Swayze Drive. ORDERED on the motion of Alderman Pietmngelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. PD-2000-106 - Chief Administrative Officer - Re: Application fo~ Site Plan Approval; SPC-2512000, 5248 Drummond Road; Auvante Hair Salon. The report recommends that Council approve the site plan for a proposed hair salon at 5248 Drummond Road. ORDERED on the motion of Alderman Janvary-Pool, seconded by ;Uderman Feren, that the report be received and adopted. Carried Unanimously. PD.2000.108. Chief Administrative Officer- Re: Application forSite Plan Approval; SPC-34/2000, 5284 Second Avenue; Niagara Hindu Samaj. The report recommends that Council approve the site plan for the Niagara Hindu Samaj (place of worship) at 5284 Second Avenue. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Aldef,,an Feren, that the Minutes of the Planning/Regular Council Meeting of August 21, 2000 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Letter of Congratulations His Worship Mayor Thomson requested that a letter of congratulations be forwarded to Mr. Joe Montgomery, the City's former Economic Development Officer, on his recent appointment as Economic Developer of the Year. 11 - ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that a letter of congratulations be forwarded to Mr. Joe Montgomery, the City's former Economic Development Officer, on his recent appointment as Economic Developer of the Year. Carded Unanimously. COMMUNICATIONS Communication No. 256- The Niagara Parks Commission - Rs: Fireworks Display. The communication requests Council perrrdssion to extend the Friday Night Fireworks program on September 8th, 15th, 22nd and 29th, 2000. ORDERED on the motion of Aldem~an Pietrangelo, seconded by Alderman Fisher, that the request be approved. The motion Carded with Alderman Ioannoni abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 257 - Mr. Pat Rammuno - Rockworld, 5020 Centre Street. The communication expresses objections to the projecting rectangular sign at 5088 Centre Street which is obstructing his business and signage from the south-west side of Victoria Avenue and Clifton Hill and requesting that the sign be reduced to meet local by-law requirements or be removed. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that the matter be referred to staff. The motion Carded with Alderman Feren abstaining from the vote on a conflict of interest and with all others voting in favour. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alde~-[-~an Michalczyk, that the actions taken in Corporate Services Committee, eadier this evening be approved: 1. Adoption of the Minutes of August 21, 2000 Corporate Services Committee; F-2000-54 - Prepaid Subdivision Reserves - to approve a transfer of $296,289.84 from the Prepaid Subdivision Projects Reserve Fund to the Capital/Operating Reserve Fund; F-2000-55 - Municipal Accounts - to approve the Municipal Accounts totalling $3,530,091.94 for the period ending September 11th, 2000; R-2000-60 - Millennium Clock Financial Summary - that the Millennium Clock Financial Summary be deferred; Sherman Zavitz, City Historian Re: Operating Expense Allowance - that an Operating Expense Allowance be established for the position of City Historian; Niagara Symphony Program Re: Full Page Advertisement in Program - that the City purchase a full page in the Niagara Symphony Program at a cost of $1,000; St. David's Ravine Cairn - that staff provide a report on repairs to the St. David's Ravine Cairn, replacement of the plaque and grass-cutting in the general area; 12- 8. That staff provide a report on casino bus service in residential areas; In Camera Session: 1. That staff be authorized to enter into an agreement with the Niagara Falls Hydro Inc. for the provision of Water Meter Reading and Customer Billing and Receipting Services. The motion Carded with Aldermen Craitor, Feren, Ioannoni and Michalczyk abstaining from the vote on Report F-2000-55 on conflicts of interest previously noted and Alderman Feren abstaining from the vote on Report R-2000-60 on a conflict of interest previously noted and with all others voting in favour. See By-law No. 2000-198 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Approval of the Minutes of the August 21,2000 Community Services Committee; R-2000-93 - Maple Street School - that the gym and library of Maple Street School be retained for use by Project Share; MW-2000-93 - Demolition Maple Street School - that PRW Excavating Contractors Ltd. Be retained for the demolition of the Old Maple Street School building for the tendered amount of $77,040.00 including taxes; MW-2000-94 - that a meeting be arranged with appropriate City staff and BIA's to come to a resolution, with respect to the directional arrows on Tourism Signage; MW-2000-91 - Basement Flooding on July 28th, 2000 - that the report be received and filed for information; o MW-2000-92 - Ddnking Water Standards - that the report be received and filed for infor[-~ation; R-2000-59 - The Armoury - that the report be received and filed for information - Conflict - Alderman Campbell; BBS-2000-08 - Sign Application Variance, 4141 Portage Road - that the vadance for a ground sign having an area of forty-nine (49) square feet with a one (1') foot side yard set back, for Canadian Home Inspections Services at 4141 Portage Road, Niagara Falls, Ontario be approved; FS-2000-11 - Niagara Voice Radio Project - that Council enter into an agreement with the Regional Municipality of Niagara for the provision of Radio Communications and related equipment, at an annual fee of $11,500.00 for a period of 15 years - Conflict - Alderman Michalczyk; 10. PD-2000-101 - Tourist Area Streetscape Master Plan and Urban design Standards Study - that the study be received by the Committee and authorize its circulation to the local BIA's for comment; 13 - 11. Billboard Installation at the Mountain Road Landfill Site - that Council advise the Region of its position that a lease on the Billboard at the Mountain Road Landfill Site not be renewed after the lease expires in 2002 - Conflict - Alderman Feren; 1. To approve the Sign Variance for Bdan Cullen Motors on Thorold Stone Road; 2. That there be an investigation by staff for Street Calming on Watson Street; That staff report back on the installation of sidewalks on the East side of Windermere Street; 4. That staff investigate parking on Murray Street at Drummond Road; 5. That there be a public meeting to deal with the sidewalk on Gunning Drive and that sidewalk installation be deferred until such time that a decision is made. The motion Carded with Alderman Campbell abstaining from the vote on Report R-2000-59 on a conflict of interest; Alde~¥~an Feren abstaining from the vote on Report BBS-2000-08 on a conflict of interest previously noted; and Alderman Michalczyk abstaining from the vote on Report FS-2000-11 on a conflict of interest previously noted and with all others voting in favour. MW-2000-86 - Chief Administrative Officer - Re: Purchase of Litter Picker; Quotation Request #6-2000. The report recommends that Council approve the purchase of the Madvac PS300 pedestrian-friendly litter picker for the total cost of $35,530.40 including all taxes from Vquip Inc. of Burlington, Ontario. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW-2000-87 - Chief Administrative Officer - Re: Exterior Door Replacement - City Hall. The report recommends that Council award Tender #03-2000 for the Exterior Door Replacement - City Hall to Brisk-All Glass Contracting 942352 Ontario Limited for the tendered amount of $59,117.50 including all taxes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. MW-2000-88 - Chief Administrative Officer - Re: Award of Tender #014-2000; Alterations Second Floor - City Hall. The report recommends that Council award Tender #04-2000 for the City Hall alteration to the second floor Planning and Legal Departments to Draffcon Construction Ltd. for the tendered amount of $82,680.00 including all taxes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and adopted. Carded Unanimously, MW-2000-89- Chief Administrative Officer - Re: Local Improvement Curb & Gutter on Collins Drive and Toby Crescent. The report recommends that the by-law appearing on tonight's agenda authorizing the construction of local improvement curb & gutter on Collins Drive from Drummond read to the southerly limit and on toby Crescent from Collins Drive to Collins Drive be passed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that the report be received and adopted. Carded Unanimously. See By-law No. 2000-180 II I '~ll I Itl 11 IIIll' I I 14- MW-2000-90 - Chief Administrative Officer - Re: Part of TWP Lot #60, West Side of Stanley Avenue (Issepon & Spironello). The report recommends the following: 1. That the lands shown hatched be declared surplus to the City's needs; 2. That the public be notified that the City is declaring the land surplus; That the agreement registered on title as Instrument #69270B, regarding the lands in question, be rescinded; 4. That a by-law be presented at a future Council meeting to authorize the conveyance of the land to Issepon & Sprionello. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carded Unanimously. CD-2000-22 - Chief Administrative Officer - Re: Special Occasion Permits. 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. (Chippawa Villagers) ORDERED on the motion of Alderman Michalczyk, seconded by Aldecman fisher, that the report be received and adopted. Carried Unanimously. L-2000-31 - Chief Administrative Officer - Re: Consolidations of Adult Entertainment Parlour Licensing & Locational By-laws. The report recommends that ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Fisher, that the matter be deferred until Mr. David Crowe, Solicitor was able to attend. Carded L-2000-68. Chief Administrative Officer - Re: Gordon Licence Agreement with the City Vacant Land - N.S. Lundy's Lane, west of Garner Road. The report recommends that the City of Niagara Falls enter into a Licence Agreement with Glen Gordon for the purpose of licensing certain lands to Mr. Gordon for agricultural use for an annual fee of $650.00 and the Mayor and Clerk be authorized to execute the said agreement. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carded Unanimously. See By-law 2000-192 L-2000-69 - Chief Administrative Officer. Re: Establishment of Daylighting Triangle and Road Widening as Public Highways - Dixon Street and Russell Street, respectively. The report recommends that a daylighting triangle, located at the comer of Dixon Street and Omhard Avenue, described as Part 2 on Reference Plan No. 59R-10535 and a road widening located along the south side of Russell Street, described as Part 2 on Reference Plan No. 59R-10030 be established as public highways to fom-~ part of Dixon Street and Russell Street, respectively. ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-183 L-2000-70 - Chief Administrative Officer - Re: Boal - Request for a Ministerial Order Under Section 57 of the Planning Act, R.S.O. 1990. The report recommends that Council request the Minister of Municipal Affairs and Housing to make an Order deeming a contravention of the Planning Act never to have had the effect of preventing the conveyance of 6368 Glengate Street in 1968. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-184 15 - L-2000-71 - Chief Administrative Officer - Re: Declare Surplus and Give Notice of Proposed Conveyance Block 54 on Registered Plan No. 59M-251 Neighborhoods of St. David's. The report recommends that Block 54 on registered Plan No. 59M-251 be declared surplus and notice be given to the public of the proposed conveyance to Walker Community Development Corporation, for nominal consideration plus costs. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-188 L-2000-72 - Chief Administrative Officer- Re: Correcting Transfer/Deed to Wright/Van Ballegooyen; 6100 Prospect Street. The report recommends that Council authorize the execution of a correcting transfer/deed to Melinda Wright and Pieter Van Ballegooyen of a strip of land, five feet in width, along the frontage of 6100 Prospect Street. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously, See By-law No. 2000-185 L-2000-73 - Chief Administrative Officer - Re: Closing and Declaring Surplus Part of Willick Road. The report recommends the following: That the portion of Willick read, described as Part 7 on Reference Plan No. 59R- 11086, be stopped up and closed; 2. That the said portion of Willick 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 conveyance to the sole abutting owner, The Niagara Parks Commission. ORDERED on the motion of Alde,,an Michalczyk, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-18{~ See By-law No. 2000-187 L-2000-75 - Chief Administrative Officer. Re: Closing and Declaring Surplus the Unopened road Allowance Lying Within the Limits of the Mountain Road Landfill Site The report recommends the following: That a portion of the unopened road allowance, with the limits of the Mountain Road Landfill Site, described as parts 1 to 5 on Reference Plan No. 59R-10190, be stopped up and closed; 2. That the lands referred to in the Ministry of Environment & Energy Certificate of Approval as the Mountain Road Landfill Site, including the road allowance, so closed, be declared surplus and notice be given to the public of the City's intention to convey the said lands to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimo~l~,ly, See By-law No. 2000-190 See By-law No. 2000-191 RATIFICATION OF COMMITTEE-OF.THE-WHOLE ACTION,~ ORDERED on the motion of Alderman Campbell, seconded by Alden-ban Craitor, that the actions taken in Committee-of-the-Whole, earlier this evening be approved: II ! '~i I1[1 II IIIII~ I I 16 - That the City Solicitor be authorized to represent the City in the Colangelo Severance Appeal to the Ontario Municipal Board (OMB) and that Council Policy with regard to staff appearing because of Committee of Adjustment decisions be amended to include severances; Whereas Council passed By-law 2000-159 on July 31, 2000 submitting a question to the electors "Are you in favour of the existing Ward system for electing Aldermen in the City of Niagara Falls and Whereas the Minister of Municipal affairs appealed that question and Council has resolved that Council now consents to an Order by the Chief Electoral Officer to amend the referendum Question to read as follows: "Are you in favour of changing the existing Ward system for electing aldermen in the City of Niagara Falls"; and the City Solicitor take all necessary steps to either appear before the Chief electoral Officer or convey to him to consent to the Order; 3. That a Committee of Council be established to hear certain matters involving applications for body-rub parlour licences; and that the members of the Committee shall be Alderman Edward Michalczyk, Alde~-~¥]an Paisley Janvary-Pool and Aide,man Selina Volpatti; and that Alderman Edward Michalczyk shall be Chair of the Committee; and that the Committee give the necessary notification to the parties involved as to the date and time of the Hearing. The motion Carried with Alde,,en Craitor, Ioannoni, Pietrangelo and Wing voting contrary to the motion regarding the establishment of a Committee to hear matters involving body- rub padours and with all others voting in favour. Alderman Puttick vacated the Chambers. RESOLUTIONS NO. 22 - CAMPBELL - CRAITOR - WHEREAS Section 8(1 ) of the Municipal Elections Act, 1996 Statutes of Ontario, c. 32 provides that the council of a municipality may pass a by-law to submit to its electors a question not otherwise authorized by law but within the council's jurisdiction; AND WHEREAS Council passed By-law No. 2000-159 to submit a question to the electors; AND WHEREAS the Minister of Municipal Affairs appealed the wording of the question. THEREFORE BE IT RESOLVED that Council consent to an order by the Chief Election Officer to amend the Referendum Question to read as follows: 'Are you in favour of changing the existing ward system for electing Aldermen in the City of Niagara Falls?" AND the Seal of the Corporation be hereto affixed. Carried 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: 2000-179 A by-law to authorize the execution of an agreement with Niagara Health System (Greater Niagara General Hospital Site and/or its successor) 2000-180 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. II I fill I [I II Illll I I 2000-181 2000-182 2000-183 2000-184 2000-185 2000-186 000-187 2000-188 2000-189 2000-190 2000-191 2000-192 2000-193 2000-194 2000-195 -17- A by-law to amend By-law No. 79-200, as amended. (Re: AM-18/2000, Pingue & Sons Construction) A by-law to amend By-law No. 79-200, as amended. (Re: AM-19/2000, Pinque & Sons Construction) A by-law to establish Part 2 on Reference Plan No. 59R-10030, as a public highway, to be known as and to form part of Russell Street. A by-law to request the Minister of Municipal Affairs and Housing to make an Order deeming a contravention of the Planning Act never to have had the effect of preventing the conveyance of 6368 Glengate Street in 1968. A by-law to authorize the conveyance of a five foot stdp of land in front of 6100 Prospect Street on registered Plan No. 42 to Melinda Wdght and Pieter Van Ballegooyen, at no cost to the City. A by-law to stop up and close part of Willick Road, designated as Part 7 on Reference Plan No. 59R-11086. A by-law to declare surplus part of Willick Road, designated as Part 7 On Reference Plan No. 59R-11086, and to authorize that public notice be given, forthwith, in the Niagara Falls Review of the said land being declared surplus and of a proposed sale of the said land. A by-law to declare surplus Block 54 on registered Plan No. 59M-251 and to authorize that public notice be given in the Niagara Falls Review of the said Block being declared surplus and of the proposed conveyance of the said Block to Walker Community Development Corporation, for nominal consideration plus costs. A by-law to establish Part 2 on Reference Plan No. 59R-10535, as a public highway, to be known as and to form part of Dixon Street. A by-law to stop up and close the unopened road allowances lying within the limits of the Mountain Road Landfill Site designated as Parts 1 to 5, inclusive, on Reference Plan No. 59R-10190. A by-law to declare surplus all the lands referred to as the Mountain Road Landfill Site and to authorize that public notice be given, forthwith, in the Niagara Falls Review of the said lands being declared surplus and of a proposed conveyance to The Regional Municipality of Niagara. A by-law to authorize the execution of a Licence Agreement with Glen Gordon for the purpose of permitting Mr. Gordon to licence certain land for agdcultural purposes. A by-law to designate the property known as Bampfield Hall, being PIN No. 64328-0224(LT) within the City of Niagara Falls, to be of historic and architectural value and interest. A by-law to amend By-law No. 97-255 being a by-law to provide for the appointments to certain Boards, Commissions and Committees. A by-law to amend By-law 79-2000, as amended. (Re: AM-28-2000) II [ 'i]] [ [ IrT II Illll I I -18- 2000-196 A by-law to amend By-law 79-2000, as amended (Re: AM-22/2000) 2000-197 A by-law to amend By-law 79-2000, as amended. (Re: AM-3/99) 2000-198 A by-law to authorize monies for General Purposes. (September 11, 2000) 2000-199 A by-law to establish a Committee of the Council to hear certain matters involving applications for body-rub parlour licences. 2000.200 A by-law to authorize the issuance of an Offer to Pumhase property municipally known as 6157 Buchner Place, in the City of Niagara Falls, in the Regional Municipality of Niagara. The motion Carried with Alderman Wing voting contrary to By-law No. 2000-195; Aide,men Craitor, Feren, Ioannoni and Michalczyk abstaining from the vote on By-law No. 2000-198 on conflicts of interest previously noted; and Aldermen Craitor, Ioannoni, Pietrangelo and Wing voting contrary to the motion on By-law No. 2000-199 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the by-laws be now read a second and third time: 2000-179 A by-law to authorize the execution of an agreement with Niagara Health System (Greater Niagara General Hospital Site and/or its successor) 2000-180 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. 2000-181 A by-law to amend By-law No. 79-200, as amended. (Re: AM-18/2000, Pingue & Sons Construction) 2000-182 A by-law to amend By-law No. 79-200, as amended. (Re: AM-19/2000, Pinque & Sons Construction) 2000-183 A by-law to establish Part 2 on Reference Plan No. 59R-10030, as a public highway, to be known as and to form part of Russell Street. 2000-184 A by-law to request the Minister of Municipal Affairs and Housing to make an Order deeming a contravention of the Planning Act never to have had the effect of preventing the conveyance of 6368 Glengate Street in 1968. 2000-185 A by-law to authorize the conveyance of a five foot strip of land in front of 6100 Prospect Street on registered Plan No. 42 to Melinda Wright and Pieter Van Ballegooyen, at no cost to the City. 2000-186 A by-law to stop up and close part of Willick Road, designated as Part 7 on Reference Plan No. 59R-11086. 000-187 A by-law to declare surplus part of Willick Road, designated as Part 7 On Reference Plan No. 59R-11086, and to authorize that public notice be given, forthwith, in the Niagara Falls Review of the said land being declared surplus and of a proposed sale of the said land. 2000-188 A by-law to declare surplus Block 54 on registered Plan No. 59M-251 and to authorize that public notice be given in the Niagara Falls Review of the said Block being declared surplus and of the proposed conveyance of the said Block to Walker Community Development Corporation, for nominal consideration plus costs. -19- 2000-189 A by-law to establish Part 2 on Reference Plan No. 59R-10535, as a public highway, to be known as and to form part of Dixon Street. 2000-t90 A by-law to stop up and close the unopened road allowances lying within the limits of the Mountain Road Landfill Site designated as Parts I to 5, inclusive, on Reference Plan No. 59R-10190. 2000-191 A by-law to declare surplus all the lands referred to as the Mountain Road Landfill Site and to authorize that public notice be given, forthwith, in the Niagara Falls Review of the said lands being declared surplus and of a proposed conveyance to The Regional Municipality of Niagara. 2000-192 A by-law to authorize the execution of a Licence Agreement with Glen Gordon for the purpose of permitting Mr. Gordon to licence certain land for agricultural purposes. 2000-193 A by-law to designate the property known as Bampfield Hall, being PIN No. 64328-0224(LT) within the City of Niagara Falls, to be of historic and architectural value and interest. 2000-194 A by-law to amend By-law No. 97-255 being a by-law to provide for the appointments to certain Boards, Commissions and Committees. 2000-195 A by-law to amend By-law 79-2000, as amended. (Re: AM-28-2000) 2000-196 A by-law to amend By-law 79-2000, as amended (Re: AM-22/2000) 2000-197 A by-law to amend By-law 79-2000, as amended. (Re: AM-3/99) 2000-198 A by-law to authorize monies for General Purposes. (September 11, 2000) 2000-199 A by-law to establish a Committee of the Council to hear certain matters involving applications for body-rub parlour licences. 2000-200 A by-law to authorize the issuance of an Offer to Purchase property municipally known as 6157 Buchner Place, in the City of Niagara Falls, in the Regional Municipality of Niagara. The motion Carried with ^lde,,,an Wing voting contrary to By-law No. 2000-195; Aldermen Craitor, Feren, Ioannoni and Michalczyk abstaining from the vote on By-law No. 2000-198 on conflicts of interest previously noted; and Aldermen Craitor, Ioannoni, Pietrangelo and Wing voting contrary to the motion on By-law No. 2000-199 and with all others voting in favour. NEW BUSINESS Terry Fox Run Alderman Carolynn Ioannoni provided an update with respect to the Terry Fox Run being held on Sunday, September 17, 2000. Traffic Con~_estigrl Alderman Janice Wing expressed concerns with respect to the traffic congestion on Longhurst Street and requested that the matter be referred to the Parking and Traffic Committee. 20- ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that the matter of traffic congestion on Longhurst Street be referred to the Parking and Traffic Committee. ¢~rried Unanimously. Letter of Con_~ratulations ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of congratulations be forwarded to the Chippawa House Softball team, the Chippers and Chipettes who had played in the Masters tournament, and who would be going to the National Championships. Carried Unanimously. Si_ana_ae at Intersection of Dorchester/McLeod Roads. Alderman Kim Craitor advised that the Region would be putting up a sign in front of the School off Wilson Crescent and at the intersection of Dorchester and McLeod Roads due to the safety concerns of the school children in that area due to speeding vehicles and further advised that a stoplight would be installed at Oakwood. Chippawa Sese_uicentennial Celebrations ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that a letter of appreciation be forwarded to the Village of Chippawa Citizens Committee for all their efforts in providing an excellent Sesquicentennial event. Carried Unanimously. Skateboardina_ Facility_ Alderman Ed Michalczyk advised that a grant has been received from the Trillium Foundation towards a skateboarding facility and that $20,000 was still needed for the concrete for the facility. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that the matter be referred to staff. Carried Unanimously. Railroad Crossing_ at Cardinal Newman School(Beaverdams Road) ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that staff be directed to contact CN with respect to concerns regarding the barrier arms at the Beaverdams Railroad Crossing. Carried Unanimously. - 21 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR II I ;I~1 [ Irl II IIIll I I TWENTY-THIRD MEETING COMMITTEE-OF-THE-WHOLE Committee Room #2 October 16, 2000 Council met on Monday, October 16 2000 at 5:30 p.m. in Committee-of-the Whole, All members of Council, were present. Alde..an Paisley Janvary-Pool 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 October 16, 2000 Council met on Monday, October 16 2000 at 7:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Judy Orr offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary interest on Report F-2000-63, Cheque Nos. 254374 and 254311, because she is an Officer of the foundation; and indicated a pecuniary interest on Report PD-2000-114 (AM-31/2000) because she resides in close proximity to the proposed development. Alderman Fisher indicated a pecuniary interest on Report F-2000-63, Cheque No. 254508, because a relative is employed by the recipient. Alderman Campbell indicated a pecuniary interest on Report F-2000-63, Cheque No. 254485, and on Communication No. 292, Westlane Secondary School, because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report F-2000-63, Cheque Nos. 254399; 254513 and 254468; and on Report CD-2000-25, because he is involved with an organization that deals with bingo. II ! 'fill I lrl II II!l~' I I Alderman Michalczyk indicated a pecuniary interest on Report F-2000-63, Cheque No. 250406, because of his ongoing investigation and lawsuit and indicated a pecuniary interest on a matter from Community Services Committee dealing with tipping fees for Canadian Niagara Hotels; and on Report CD-2000-25 because he is a volunteer flrefighter. His Worship Mayor Thom.,~on indicated a conflict of interest on the matter from Community Services Committee dealing with tipping fees and on Report PD-2000-122, Proposed Expansion to the Sheraton on Falls Hotel. DEPUTATIONS Niagara Falls Public Library_ Mr. Carman Dix, Chair of Ihe Niagara Falls Library Board, introduced Mr. Joe Longo, Chief Librarian, Ms. Jan L~;ak, Systems Administrator and Mr. Andrew Porteus, Manager of References and Inform ation Services Department to members of Council; he commented that the Library still recognizes that library books, magazines and print materials for children and adults (ontinue to be the strong foundation upon which new electronic resources are being add,.~d and that the Library still ensures equality of access to needed print, audio/visual and electronic information; he encouraged the public to use the Internet workstations that are available and which are funded through the Gates Library initiative and the Federal and Provincial Community Access Program; he reviewed the vadous electronic services available at the Library and requested that Council proclaim the week of October 16th - October 22nd, 2000, as "Ontario Public Library Week". ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that October 16th to October 22nd, 2000 be proclaimed as "Ontario Public Library Week" in Niagara Falls. Carried Unanimously. Following the presentation, it was ORDERED on the motion of Aldem~an Volpatti, seconded by Aldec[-~an Wing, that a letter of appreciation be forwarded to the Gates family for their library support. Carded Unanimously. YWCA of Niagara Falls Ms. Linda Branchaud, Executive Director, YWCA of Niagara Falls, expressed appreciation to the City for their support with respect to the renovations being carried out at the Culp Street facility and provided an overview of the planned activities during "YWCA Week Without Violence" being held from October 15th to October 21st, 2000 and thanked Council for the opportunity to make her presentation.. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that Council endorse and proclaim the week of October 15th to October 21st, 2000 as YWCA Week Without Violence in Niagara Falls. Carried Unanimously. II [ ill fill II Illll' I I Board of Museums ~, Ms. Kim Bubnick, Treasurer, Board of Museums provided an update on the Board of Museums' initiatives, upcoming events and activities; she referred to the upcoming raffle and Silent Auction being held on October 26, 2000 at the Optimist Hall, to help revitalize the Lundy's Lane Historical Museum and invited the community and members of Council to participate. Ms. Bubnick thanked members of Council, on behalf of the Board of Museums for the opportunity to make the presentation. PLANNING MATTERS PD-2000-112 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-27/2000, Niagara Worship Centre; 5556 Dorchester Road; Proposed Addition. The report recommends the following: That Council approve the Zoning By-law Amendment application to permit the construction of an addition to the existing place of worship; That the amending by-law include a provision requiring a 6 metre wide landscape strip between any parking area and the lot lines. - AND - Communication No. 261 - Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objection to the approval of this application. Communication No. 262 - The Regional Municipality of Niagara, Regional Public Works Department. The communication advises as having no objections to the rezoning in order to permit the construction of an addition to the existing place of worship, including an atrium entrance and gym. Communication No. 263 - Ministry of Transportation. The communication advises as having no concerns with the application. Communication No. 264 - Ms. Diane McRae. The communication advises that the application would have a negative impact on both her property value and my privacy. 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. Michael Allen, Architect, 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. II I ~I111 II[I I] lille I I The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; and the Public Notification Process and advised that the proposal was to expand the parking lot to accommodate the additional use; he indicated that staff were concemed about the proximity of the parking lot to the rear yards of the residential properties and parking lot would be backing onto the properties off Woodlawn Boulevard; he advised that staff are recommending a 20 foot landscape strip and that fencing be installed along the edge of the parking lot. He advised that fencing, parking lot and site servicing issues would be part of the site plan process. 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. Michael Allen advised that the applicant was in agreement with staff's recommendations and that the fencing and landscaping buffer issues have already been addressed. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-27/2000, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted and further that the neighbours be involved in the site plan process. Carded Unanimously, ORDERED on the motion of Alde~-~an Pietrangelo, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD-2000-113 -Chief Administrative Officer. Re: Official Plan and Zoning By-law Amendment Application; AM-30/2000, Orexis Holdings Limited; 4414 Portage Road; Proposal for General Commercial Zoning. The report recommends the following: That the change to the Official Plan designation of the subject lands from Industrial to Major Commercial; That a Parking (P) zone being applied to the subject lands, as an alternative to the proposed General commercial (GC) zone, which would limit the lands to being used only for parking; That a site plan agreement being entered into with the owner that addresses parking layout, drainage, landscaping and CN Rail requirement prior to the passage of the amending by-law. - AND - Communication No. 265 - Broderick & Partners on behalf of Gale's Gas Bars Limited. The communication expresses concems with respect to the possible land use for a youth bar operation and suggests the construction of a land buffer between the parcels of land to ensure that the light industrial use would not conflict with the general commercial uses; and that a storm management system be installed by the applicant to ensure no stoiTr~ water flows onto the Gale's Gas Bar Lands. Communication No. 266 - TRG Insurance Brokers inc. The communication expresses opposition to the application. - 5 - Communication No. 267 - Regional Niagara, Planning and Development Department. The communication advises as having no objections to the application. Communication No. 268 - Regional Niagara, Regional Public Works Department. The communication advises as having no objections to the 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. Harry Korosis, 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 wdtten submissions at the Council meeting could result in the dismissal of the case at a future Ontado Municipal Board hearing. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that there were site servicing issues and that be;ms were required by CN Rail and that the applicant should ensure that there is adequate fencing and buffedng between Gale's Gas Bar and the proposed application. He further advised that staff were recommending that as an alternative to the General Commercial zone, it should be limited to a parking zone. 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. Alfred Rampado, TRG Insurance Brokers Inc. enquired whether the recommendation for parking would be sufficient to satisfy an application for a banquet hall to the building north of Chatters. The Deputy Director of Planning and Development advised that there was a large parking area in the rear of the property and responded that the banquet hall would have to be sized according to the number of spaces and staff would use the ratio in the by-law to limit the number of seats in the banquet hall. Mr. Rampado stated that if the applicant accepts the parking recommendation only he had no objections to the application. Mr. Harry Karosis, Agent, advised that the applicant was satisfied with staff's recommendations; he requested that the existing building in the rear of the property which is designated as Light Industrial be utilized for office purposes and requested that the proposed 10-foot road dedication in front of the property not be a requirement. The Director of Municipal Works responded that as indicated in the Official Plan, this was a major artedal road and that the City has an opportunity to take the land for future road expansion for roadways when required. - 6 - Upon further discussions, Mr. Karosis advised that the applicant would be agreeable to the 1 O-foot road widening and would provide better fencing along the westem side of the property. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-30/2000, closed. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Feren, that the report be received and adopted and further that fencing be installed along with having a 10-foot road widening and that the existing building be included as office space. Carried Urlanimously. ORDERED on the motion of Aide,-man Ioannoni, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD.2000-114 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-31/2000, Anne Marie Dobi; 6028 Culp Street, Bed and Breakfast. The report recommends that Council approve the Zoning By-law amendment application to permit the existing dwelling to be used as a bed and breakfast providing not more than 3 bedrooms for tourists. - AND - Communication No. 269 - Regional Niagara, Planning and Development Department. The communication advises as having no objections to the approval of the application. Communication No. 270 - Andrea and Malcolm Duncan. The communication advises as being in support of the application to rezone the property. 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 the Regulations on September 15, 2000, His Worship Mayor Thomson received indication that Mr. Cristelli, 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 Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment and the Public Notification Process and advised that the applicant would have to go through a change of use permit with the Fire Department to bring the building in compliance for a Bed and Breakfast establishment. 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. A resident from the area enquired whether the proposed application would have an adverse effect on the existing sewers in the area and it was suggested that the matter be referred to staff for a report on the sewer and water problems in the area. Mr. Cdstelli gave indication that he was in support of staff's recommendations. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-31/2000, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted and that staff prepare a report on the sewer and water problems in the area. The motion Carded with Alderman Wing 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 Alderman Feren, that the correspondence be received and filed. Carded Unanimously. PD-2000-115 - Chief Administrative Officer . Re: Zoning By-law Amendment Application; AM-33/2000, Anna-Marie Bouwman, Daniel Bouwman and Jacqueline Burcial; Part of 7083 Beechwood Road, New Lot. The report recommends that Council approve the Zoning By-law amendment application to permit the construction of a single detached dwelling on a recently approved lot. - AND - Communication No. 271 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. Communication No. 272 - Regional Niagara, Regional Public Works Department. The communication advises as having no objection to the rezoning application. Communication No. 273 - Captain/fire Prevention Officer. The communication advises that the Fire Department has no objection to the 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. Rocco Vacca, 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 wdtten submissions at the Council meeting could result in the dismissal of the case at a future Ontado Municipal Board headng. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; The Planning Review and the Public Notification Process and advised that staff was in support of the application. ~ I 1mi l lrI II IIII! I I -8 - 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-32/2000 closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD-2000-117 - Chief Administrative Ofr, cer - Re: Zoning By-law Amendment Application; AM-3412000, Canadian Corps Unit 104; 4674 Ferguson Street; Proposed Private Club. The report recommends that Council approve the proposed private club use for 4674 Ferguson Street conditional upon the owner undertaking remediation of the contaminated soils on the site in accordance with the recommendations of the Phase III Environmental Site Assessment prior to passage of the amending by-law. - AND - Communication No. 274 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the application. Communication No. 275 - Regional Niagara, Regional Public Works Department. The communication advises as having no objection to the application. Communication No. 276 - Taylor Forge Limited. The communication advises as being strongly opposed to the rezoning application and provides comments on the application. Communication No. 277 - McCarthy Tetrault, Solicitors for owners of lands consisting of the block bounded by Ferguson, Dyson, Buttrey and Victoria and for Taylor Forge. The communication provides comments with respect to the application and requests that Council deny the 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. Chds Cdstelli, 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 headng. IT ~ ~1 I llrl I] IIll~' I I - 9 - The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; the Proposal; the Amendments; the Planning Review and the Public Notification Process and advised that staff supported the application because the Official Plan provides for club uses in industrial areas. 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. Frank Carchidi, President, Taylor Forge, advised that he was not in opposition to the development but since his company was an existing industry in the area they wished to express traffic and noise concerns due to the close proximity of their plant to the proposed development. Mr. Chris Cdstelli advised that discussions had been held with respect to the concerns expressed and advised that the hours of business operation were not a concern to the applicant and they were in favour of staff's recommendations. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-34/2000, closed. ORDERED on the motion of Alderman Feren, seconded by AldeiT~an Orr, that the report be received and adopted. Carded Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. PD-2000-119 -Chief Administrative Officer- Re: Official Plan & Zoning By-law Amendment Application; AM-32/2000, Michael Colaneri & Tara Colaneri; 5840 Dunn Street, Apartment Building. The report recommends that Council approve the Official Plan and Zoning By-law amendments application to amend the decision on AM-34/99 in order to permit the construction of a 5 storey, 27 unit conventional apartment building with full parking requirements. - AND - Communication No. 278 - Mrs. D. Damiano, 6682 Ailanthus Avenue. The communication expresses opposition to the application; provides comments on the development of a 5 storey apartment building and attaches a petition in opposition to the proposed development. Communication No. 279 - Captain/Fire Prevention Officer. The communication advises as having no objection to the application. Communication No. 280 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. Communication No. 281 - Regional Niagara, Public Works Department. The communication advises as having no objections to the application. Communication No. 282a) Michael Colaneri and Tara Colaneri. The communication comments on the parking spaces per unit. - AND - Communication No. 282b) Michael Colaned and Tara Colaneri. The communication comments on the construction of a 5- storey, 27 unit senior citizen home. 11111 r Itl II Illll I I - 10- 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. Chris Cristelli and the applicants 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 pdor to leaving the meeting. His Worship Mayor Thomson advised that failure to ma~:e 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 discussed the subject lands with the assistance of posted sketches; reviewed the infot~-~ation contained in the Recommendation Report; the Proposal; the Amendments; the Planning Review and the Public Notification Process and advised that the read widenings, building location, driveways, garbage storage, landscaping and the retention of trees in would be addressed through the site plan process. He further advised that staff were in support of the application subject to the inclusion of the minimum of 20 underground parking spaces to satisfy the City's standard parking requirements. 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. Mrs. D. Damiano, 6682 Ailanthus Avenue, expressed opposition to the application for the following reasons: the view of a ramped 2 level parking area and garbage dumpster would be an eyesore and effect the resale value of her property and referred to the noxious odours that would be emitted from the garbage dumpster; expressed safety concems with respect to the parking area being too close to the comer as the building would be restricting the visibility of vehicles exiting the building and questioned whether the sewer capacity was adequate for the area; she advised she was opposed to the building height and requested that Council decline the application. Mrs. Damiano requested clarification as to the specific placement of the garbage dumpster and information on the distance between the building and the sidewalk. The Deputy Director of Planning and Development provided clarification with respect to the distance between the sidewalks and the building and that read widening would be dealt with through the site planning process Ms. Joan Schuweitzer, 6704 Ailanthus Avenue expressed concerns that the building might be turned into a hotel for the casino in the future; she also expressed the opinion that there was no playground provided for the children in the building. Ms. Amy Bignucolo, who was in attendance on behalf of her sister-in-law, Mrs. Ines Bressan, residing at 5858 Dunn Street expressed the following concerns: the shadowing effects and wind patterns; that the building was too massive for a residential area; the volume of traffic; the lack of green space; and that the development would add to the sewer problems in the area. She requested that Council reconsider the application. 11 - Ms. Tara and Michael Colined provided clarification on the concems expressed with respect to the issue of garbage; daylighting triangle; the construction of a 6-foot fence on the side of the property; advised they were informed by the City that the sewer system would be able to handle the extra 27-units in the area. Mr. Colined expressed the opinion that the issue of height, setbacks, and parking had been dealt with at a previous Council meeting regarding the building of a senior citizens apartment and that they were in attendance to deal with the occupancy, parking and site plan approval for this application. The Deputy Director of Planning and Development responded that the previous application had dealt with a senior citizens apartment and that this was a new application due to the type of development and of the modifications made and a request for a zoning change from Institutional to an R5E zoning. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-32/2000, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the application be denied. The motion was Defeated with the following recorded vote: Alderman Campbell 'Opposed Alderman Craitor Support Alderman Feren Opposed Alderman Fisher Support Alderman Janvary-Pool Opposed Alderman laonnoni Support Alderman Michalczyk Opposed Alderman Pietrangelo Support Alderman Orr Opposed Alderman Volpatt Support Alderman Puttick Opposed Alderman Wing Support Mayor Thomson Opposed ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the application be approved. The motion Carried with Aldermen Campbell, Feren, Janvary- Pool, Michalczyk, Orr, Puttick and Mayor Thomson voting in favour and Aldermen Craitor, Fisher, Ioannoni, Pietrangelo, Wing and 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 be received and filed. Carried Unanimously. PD-2000-120 . Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-29/2000, Bernadette Filer; 5765 Montrose Road; Agent: Chris Cristelli. The report recommends that Council approve the Zoning By-law amendment application to permit a single-storey, 325 square metre (3,500 Sq. f. ) office building to be constructed on the north side of the property. - AND - Communication No. 283a) Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. - AND - Communication No. 283b) - Regional Niagara, Regional Public Works Department. The communication advises as having no objection to the rezoning application; - AND - Communication No. 283c) - Regional Niagara, Regional Public Works Department. The communication comments on the entranceway location in the field. I] I Ill I [ Itl r Illll' i i 12- - AND - Communication No. 284 - Nimigon Retirement Home. The communication provides comments with respect to the difference in land elevations between the said property and Nimigon's property with the installation of a retaining wall or a properly installed fence; states that all water should drain onto the Montrose Road property to eliminate flooding of adjacent properties. 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. Chds Cdstelli, 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 headng. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; the Proposal; the Amendments; the 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 negative response in opposition to the application. Mr. Cdstelli advised that the applicant was in favour of staff's recommendations and that a retaining wall would be constructed and that Ms. Wanda Harding would be invited to attend the site plan meetings. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-29/2000, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD-2000-121 - Chief Administrative Officer - Re: Zoning Application; AM-3512000, Herb Ledwez; 6365 Drummond Townhouses. The report recommends the following: by-law Amendment Road; 26 On-Street That Council approve the Zoning By-law amendment application to permit the construction of 26 on-street townhouse dwelling units; That Council pass the related amending by-law which is included in Council's agenda; 13 - That the applicant be required to undertake a Traffic Impact Study to the satisfaction of the Parking and Services staff addressing the issues of on-street parking and roadway widths and determine if any road widenings are required; That the applicant be required to enter into a Site Plan Agreement with the City to address the on-site and off-site servicing provisions required for the development. - AND - Communication No. 285 - Broderick & Partners. The communication requests to be added to the circulation list for information as they represent the first mortgage holders on the property. Communication No. 286a) Regional Niagara, Planning and Development Department. The communication advises as having no objection to the application. - AND - Communication No. 286b) Regional Niagara, Regional Public Works Department. The communication advises as having no objection to the rezoning application. - AND - Communication No. 287 - Community Services Department; Municipal Works. The communication provides comments with respect to roads and access issues. - AND - Communication No. 288 - Ms. Marie Gravelle, 6285 communication expresses opposition to the application. Dawlish Avenue. The 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 the Regulations on September 15, 2000. His Worship Mayor Thomson received indication that Mr. George Radojcic, 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 headng. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; the Proposal; the Amendment; and the Public Notification Process; he indicated that concerns had been expressed with regard to sewer flooding and advised that the area was slated for the elimination of combined sewers in 2001; he referred to the extedor side yards and infor[[]ed that the applicant would have to apply to the City for part lot control, whereby each of the units could be sold; he also info~-f[~ed that the site would be subject to site plan control to address issues such as fencing, parking, driveway entrances and curb cuts; he advised that the site plan control be a condition of approval and that the developer be subject to a traffic impact study. 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. II I '[~1 [ Itl I] lille I I 14- Mr. Luigi DeLisio, Solicitor, St. Cathafines, advised that he was in attendance on behalf of some of the neighbours in the area who were in favour of the development after discussions with the developer; he indicated that the developer had provided assurances with respect to some the concerns of the area residents. He also requested that he be permitted to be part of the site planning process Mr. George Radojcic, expressed the opinion that if only 18 units had been proposed, that there would be no need for a traffic study; he provided clarification with respect to concerns expressed regarding the type of occupants in the development; he indicated that issue of parking had been addressed, therefore alleviating on street parking concerns. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-35/2000, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that Recommendation Nos. 1, 2 and 4 be approved and that Recommendation No. 3 be removed from the report. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that the correspondence be received and filed. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alde~f~an Volpatti, seconded by Alderman Fisher, that release from part lot control be granted immediately when accurate surveys of the property are available. The motion was Defeated. .See By-law No. 2000-230 PD-2000-122 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-2112000; 4915 Clifton Hill; Proposed Expansion to the Sheraton on the Falls Hotel. The report recommends the following: That Council approve the site plan for the proposed expansion ':o the Sheraton on the Falls Hotel conditional upon: Chair. That the Ministry of Transportation (MTO) issuing a building and Land use Permit for the development; That this approval being null and void if significant changers to the site plan drawings are necessitated by the MTO and further approval by Council is required. His Worship Mayor Thomson declared a conflict of i~terest and relinquished the Alderman Paisley Janvary-Pool assumed the Chair. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Michalczyk abstaining from the vote on a conflict of interest and with all others voting in favour. His Worship Mayor Thomson resumed the Chair. 15 - REGULAR COUNCIL MEETING ADOPTION OF MINUTES Alderman Craitor requested that the Minutes of October 2, 2000 be amended to reflect his conflicts of interest with respect to Report F-2000-61, Cheque Nos. 254148; 254219; 254223 and 254241 because a member of his family is employed by the Region. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the Minutes of the Regular Council Meeting of October 2, 2000 be adopted as amended. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Letter of Congratulations His Worship May~)r Thomson requested that a letter of congratulations be forwarded to the Niagara Falls Firefighters Combat team on their recent win at the Canadian Nationals. ORDERED on the motion of Alde~¥~an Fisher, seconded by Alderman Pietrangelo, that a letter of congratulations~ be forwarded to the Niagara Falls Firefighters Combat team on their recent win at the Canadian Nationals. Carded Unanimously. Niagara Tourism Gateway His Worship MaYor Thomson provided information on a $14 million facelift for Niagara Tourism Gateway at Robert Street and the Q.E.W. Customs & Immigration Officers His Worship Mayor Thomson referred to a Press Release received from Mr. John Johnson respecting additional Customs Officers and advising that there will be an additional 70 Customs Officers provided to the Region. Community_ Consultation Meetings His Worship Mayor Thomson advised that Community Consultation Meetings with the Niagara Regional Police would be held at St. Paul High School on October 19th at 7 p.m. and Invited the Public to voice their opinions and provide comments. Conditions at Ker Park Mayor Thomson referred to Letters to the Editor item expressing concerns respecting the conditions at Kef Park and referred to a letter of appreciation to staff from the Mens' Fastball Association. II I '~11 I Ir[ II IIIll' I I 16 - His Worship Mayor Thomson referred to the opening and dbbon cutting ceremony at the Thrift Shop on Portage Road and commented that anyone having extra articles of clothing or household items, to bring them down to the Thrift Shop. COMMUNICATIONS Communication No. 289- Winter Festival of Lights - Re: Fireworks Display. The communication requests Council approval to hold fireworks displays at the Niagara Gorge on the following dates and times: November 18, 2000 at 5:25 p.m.; November 24, 2000 at 9:00 p.m.; December 1, 2000 at 9:00 p.m.; December 8, 2000 at 9: p.m.; December 15, 2000 at 9:00 p.m.; December 22, 2000 at 9:00 p.m.; December 26, 2000 at 9:00 p.m.; December 29, 2000 at 8:00 p.m.; December 31, 2000 at 9:15 p.m. and at Midnight. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. Communication No. 290 - Winter Festival of Lights - Re: Annual Night Parade. The communication requests Council approval to hold the Third Annual Night Parade for the Winter Festival of Lights to be held on Friday, November 24, 2000; Friday, December 1, 2000; Friday, December 8, 2000; Friday, December 15, 2000; Friday, December 22, 2000; Tuesday, December 26, 2000, Fdday, December 29, 2000 and Monday, January 1, 2001 all at 8:00 p.m. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. Communication No. 291 - Brain Tumor Foundation of Canada - Re: Proclamation. The communication requests that Council proclaim the month of October as "Brain Tumor Awareness Month" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. Communication No. 292 Westlane Secondary School - Re: Proclamation . The communication requests Council proclaim, Tuesday, October 17, 2000 as "National Students Against Impaired Driving Day" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be approved. The motion Carried with Alde,,an Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 293 - Anne Angelone/Vingy Alexander - Re: Proclamation. The communication requests that Council proclaim the week of November 1st to November 8th ,2000 as "Coats for Kids Week. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the request be approved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Approval of the Minutes of the October 2, 2000 Community Services Committee; 17 - o Harriman Street -that Staff re-survey the residents of the Harriman Street - Brian Crescent Walkway and report back to Committee on how we can improve conditions of the walkway. MW-2000-104 - Warren Creek Watershed Master Plan - that the Warren Creek Master Plan Final Report (2000) be deferred to staff to investigate and report back to Committee in two weeks - Opposed: Aldermen Michalczyk; Volpatti and Wing. PD-2000-116 - Warren Creek Watershed Provincially-Significant Wetlands - that this report be deferred to staff along with report MW-2000-104 - Opposed: Aldermen Michalczyk; Volpatti and Wing MW-2000-112 - Cost Shadng for the Retention of Consulting Services for the Engineers Report for Water Works - that the City cost share with the Region in the amount of $9,773 for the retention of a consultant to carry out the engineers report for water works as required under the New Provincial Regulations; and that the resolution from Peel Region be endorsed and request reimbursement from the Province for the cost incurred by the City to meet the new regulations. BBS-2000-12 - Wording Change to Sign By-Law No. 6661, as amended by By- Law No. 95-254 - that Council approve the attached by-law, amending Sign By-Law No. 6661, as amended by By-Law No. 95-254 to replace section 6(c)10. Which reads "A portable sign must be placed and remain in the specific location on the lands as approved in the sign permit." With the following; "A portable sign shall be placed, erected or continued and remain in the specific location on the lands where the advertised business, product or service is located as approved in the sign permit - Conflict: Alderman Feren; R-2000-69 - Armoury Acquisition Proposal - that David Schram & Associates be retained at a cost of $7,200 to prepare a Proposal and an accompanying Business Plan for the Armoury, and also to address the viability of sevedng and rezoning part of the site and that staff report back to Committee in two weeks. Canadian Niagara Hotels - that Canadian Niagara Hotels be reimbursed their tipping fees in the approximate amount of $18,000 - Opposed: Aldermen Volpatti and Wing. Conflict: Mayor Thomson and Alderman Michalczyk Dunn StreetJLundy's Lane/Drummond Road - that a Traffic Study for Dunn Street/Lundy's Lane and Drummond Road be deferred to 2001 budget. The motion Carried with Aldermen Michalczyk, Volpatti and Wing voting contrary to the motion to Report Nos. MW-2000-104 and PD-2000-116; Alderman Feren abstaining from the vote on Report BBS-2000-12 on a conflict of interest; Aldermen Volpatti and Wing voting contrary to the motion to Canadian Niagara Hotels and Alderman Michalczyk abstaining from the vote on the Canadian Niagara Hotels matter on a conflict of interest. See By-law No. 2000-227 MW-2000-121 - Chief Administrative Officer - Re: Consulting Services for the Design of Sanitary Trunk Sewer Fallsview Tourist Core Area. The report recommends that in accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for the design of the Ist phase of the Sanitary Trunk Sewer for the Fallsview Tourist Core Area with Acres and Associated Environmental Limited, for the upset limit of $43,700.00. II I ir~l l Itl I] Illll I I 18- ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-223 MW-2000-123 - Chief Administrative Officer. Re: Bank of Montreal Lease to the City Rear of Main Street - Municipal Parking Lot #13. The report recommends the following: That the lease with the Bank of Montreal for land adjacent to the rear of the building in Municipal Parking Lot #13 be renewed; 2. That the By-law appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman Michalczyk, seconded by AldeiT~an Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-224 F-2000-62 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $10,276,787.94 for the period ending October 16, 2000. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Fisher, Michalczyk and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-231 CD-2000.25. Chief Administrative Officer. Re: Changes to Bingo Policy - Friday Midnight Time Slot. The report recommends the following: That the bingo event calendar be amended to remove the weekly Friday midnight bingo time slot; That the bingo event calendar be amended to add a "Mini-Monster" bingo event to be conducted on the first Friday of each month between the hours of 12:00 midnight and 3:00 a.m.; That the prize board for this session consist of $5,200.00 of fixed prize board and $300.00 for the share the wealth; 4. That this event be pe~¥~-~itted for a 3 month trial period. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. The motion Carded with Aldermen Craitor and Michalczyk abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. L-2000- 81 - Chief Administrative Officer - Re: Establishment of a Road Widening as a Public Highway - Portage Road; Part 5 on Reference Plan 59R-11153. The report recommends that the read widening along the south side of Portage Road described as Part 5 on Reference Plan No. 59R-11153 be established as a public highway to form part of Portage Road. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-225 19 - L-2000-82 - Chief Administrative Officer - Re: Authorization to proceed with closing part of the Unopened Road allowance lying south of land owned by Niagara Glen- View Tent & Trailer Park between Victoria Avenue and River Road. The report recommends that staff be authorized to proceed with the closing of that part of the unopened road allowance between Stamford Township Lots 74 B.F. and 75 abutting the southerly limit of land owned by Niagara Glen-View Tent & Trailer Park. - AND - Communication No. 294 - Niagara Glen-View Tent & Trailer Park. The communication comments on the commencement of closing the road allowance for the purpose of a conveyance to Great Lakes. - AND - Communication No. 295 - The Great Lakes Companies, Inc. The communication comments on the requested road allowance. ORDERED on the motion of Alderman Feran, seconded by Alderman Janvary-Pooi, that the report be received and adopted. Carried Unanimously. L.2000-83 - Chief Administrative Officer - Re: Conveyance of former CNR right of Way to owner of 8678 Champlain DHve. The report recommends that a conveyance of part of the former CNR right of Way located at the rear of 8678 Champlain Drive to the present owners of the land, for nominal consideration and at no cost to the City, be authorized. ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the actions taken in Committee-of-the-Whole, earlier this evening be approved: With regard to Section 107 of the Municipal Act, Council is hereby authorized to consider and make a decision with respect to a report to be submitted by the Committee established by By-law 2000-199 to hear certain matters involving applications for body-rub parlour licences under By-law No. 99-164, notwithstanding that the new Council that will take office after the poll may be composed of less than three-quarters of the Members of the Council as composed at the time of the poll; That having reviewed the terms of settlement in the Ontario Municipal Board hearing involving the Skylon Hotel, the Council hereby consents to an Order that the Board direct Council/order the amendment to By-law 99-272 as explained by the Deputy Director of Planning & Development, and further that the Development Agreement between the City and 656508 Ontado Limited include the following terms: that 656508 Ontado Limited will create and pay to the City a public open space easement for the balance of the term of its lease, the easement described is to be a minimum of 10-metres wide, and as set out to the attachment as filed with the Clerk. The motion Carried with Aldermen Ioannoni, Pietrangelo and Wing voting contrary to the motion to the body-rub parlour item and with all others voting in favour. 20- BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 2000-222 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM-26/00; Amendment No. 32) 2000-223 A by-law to authorize the execution of an agreement with Acres and Associated Environmental Limited respecting the design of sanitary trunk sewer from Bender Hill to Clifton Hill. 2000-224 A by-law to authorize the execution of a Lease Agreement with Bank of Montreal for the purpose of leasing to the City certain land on the east side of Main Street, north of Ferry Street for public parking. 2000-225 A by-law to establish Part 5 on Reference Plan No. 59R-11153, as a public highway, to be known as and to form part of Portage Road. 2000-226 A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/2000; 6690 Montrose Road) 2000-227 A by-law to amend By-law No. 6661,1964 as amended, being a by-law in respe~ofsigns. 2000-228 A by-law to authorize an Agreement with the Bank of Nova Scotia. 2000-229 A bwlawto amend Bwlaw No. 79-200, as amended.(Re:AM-23D000,8189 Lundy's Lane) 2000-230 A by-law to amend By-law No. 79-200, as amended. (Re: AM-35/2000, 6365 Drummond Road) 2000-231 A by-law to authorize monies for General Purposes (October 16, 2000) The motion Carried with Aldermen Campbell, Craitor, Fisher, Michalczyk and Wing abstaining from the vote on By-law No. 2000-231 on conflicts of interest previously noted and Alderman Feren abstaining from the vote on By-law No. 2000-227 on a conflict of interest and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the by-laws be now read a second and third time: 2000-222 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM-26/00; Amendment No. 32) 2000-223 A by-law to authorize the execution of an agreement with Acres and Associated Environmental Limited respecting the design of sanitary trunk sewer from Bender Hill to Clifton Hill. 2000-224 A by-law to authorize the execution of a Lease Agreement with Bank of Montreal for the purpose of leasing to the City certain land on the east side of Main Street, north of Ferry Street for public parking. 2000-225 A by-law to establish Part 5 on Reference Plan No. 59R-11153, as a public highway, to be known as and to form part of Portage Road. - 21 2000-226 A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/2000; 6690 Montrose Road) 2000-227 A by-law to amend By-law No. 6661,1964 as amended, being a by-law in respect ofsigns. 2000-228 A by-law to authorize an Agreement with the Bank of Nova Scotia. 2000-229 A b~law~ amend By-law No. 79-200, as amended.(Re:AM-23~000,8189 Lundy's Lane) 2000-230 A by-law to amend By-law No. 79-200, as amended. (Re: AM-35/2000, 6365 Drummond Road) 2000-231 A by-law to authorize monies for General Purposes (October 16, 2000) The motion Carded with Aldermen Campbell, Craitor, Fisher, Michalczyk and Wing abstaining from the vote on By-law No. 2000-231 on conflicts of interest previously noted and Alderman Feren abstaining from the vote on By-law No. 2000-227 on a conflict of interest and with all others voting in favour. ORDERED on the motion of Aldeh¥~an Feren, seconded by Alde~¥~an Campbell, that leave be granted to introduce the following by-law and the by-law be read a first time: 2000-232 A by-law to authorize under subsection 107(1)(d) of the Municipal Act regarding certain acts to be done by the Council after polling day. The motion Carried with Alderman Pietrangelo, Ioannoni and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alde~¥,an Feren, seconded by Alderman Orr, that the by-law be now read a second and third time: 2000-232 A by-law to authorize under subsection 107(1)(d) of the Municipal Act regarding certain acts to be done by the Council after polling day. The motion Carded with Alderman Pietrangelo, Ioannoni and Wing voting contrary to the motion and with all others voting in favour. NEW BUSINESS Letter of Condolence ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that a letter of condolence be forwarded to Bemice Mowat, on the recent loss of her husband. Carded Unanimously, Letter of Conpratulation~ ORDERED on the motion of Alde~¥nan Fisher, seconded by Alderman Pietrangelo, that a letter of congratulations be forwarded to the Willoughby Volunteer Fire Department on the occasion of celebrating their 50th Anniversary. Carried UnanimouslY, II I I~I [ Itl II lillE' I I 22- Letter of A_~_~reciation ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of appreciation be forwarded to the new owners of the new Montessori School in Chippawa for their efforts in preserving George V School. Carried Unanimously. Release from Part Lot Control Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that staff prepare a report regarding freehold townhomes that a release from part lot control be granted immediately, when accurate surveys can be made at 6365 Drummond Road. The motion Carded with Alderman Puttick voting contrary to the motion and with all others voting in favour. The Chief Administrative Officer responded to the motion dealing with release from part lot control and that the Planning Act provides for the procedure that a by-law has to be passed and that it has to be registered on title. Water and Sewer Rates ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the Director of Municipal Works provide a reply to Mr. John Dawson with respect to the water and sewer rates. Carried Unanimously. Code of Conduct ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that the Code of Conduct report prepared by the City Solicitor be circulated to members of Council for their comments. Carried Unanimously. Drummond Road Railway Crossing near Monte Carlo Bingo ORDERED on the motion of Alderman Craitor, seconded by Alderman Ioannoni, that a letter be forwarded to CN Railway requesting them to review warrants for barriers. The motion Carded with Alderman Michalczyk voting contrary to the motion and with all others voting in favour. Santa Claus Parade 23- Alderman Michalczyk provided an update on the upcoming Santa Claus Parade. Halloween Paint Out Alderman Wing provided an update on the upcoming Halloween Paint Out. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR REGULAR COUNCIL 'rWENTY-FOURTH MEETING Council Chambers October 30, 2000 Council met on Monday, October 30, 2000 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Kim Craitor offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Pietrangelo, that the Minutes of the Special Meeting of October 25, 2000 be approved as printed. Carried Unanimously. Alderman Pietrangelo requested that the Minutes of October 16, 2000 be amended to reflect that he had voted contrary to the motion to approve the application on Report PD- 2000-119; and Alderman Wing requested that the Minutes of October 16, 2000 be amended to reflect her abstaining from the vote on Report PD-2000-114 on a conflict of interest; she further requested that the Minutes under Ratification of Community Services Committee New Business matters be amended to reflect that a traffic study be conducted between Dunn Street and Lundy's Lane. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the Minutes of the Planning/Regular Meeting of October 16, 2000 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Kim Craitor indicated a pecuniary interest on Report F-2000-64, on Cheque Nos. 254664 and 254737 because a family member is employed by the Region. Alderman Ken Feren indicated a pecuniary interest on Report F-2000-64, Cheque No. 254690 because his company is the recipient. Alderman Shidey Fisher indicated a pecuniary interest on Report F-2000-64, Cheque No. 254801 because a family member is employed by the recipient. Alderman Ed Michalczyk indicated a pecuniary interest on Report F-2000-64, Cheque No. 254677, because he is a volunteer firefighter and indicated a pecuniary interest on By-law No. 2000-242 because of his ongoing lawsuit. Alderman Selina Volpatti indicated a pecuniary interest with respect to the Special Meeting of October 25, 2000 dealing with AM-11-2000, because a member of her family is employed by the applicant; and indicated a pecuniary interest on Report F-2000-64, Cheque No. 254869 because a family member belongs to the organization. -2- Alderman Janice Wing indicated a pecuniary interest on Report F-2000-64, Cheque Nos. 254646 and 254806 because she is an officer of the organization involved. DEPUTATIONS Alzheimer Society Ms. Nancy Ferris, Executive Director addressed Council on the Alzheimer Society's capital campaign initiative to build a new Family and Community Resoume Centre; and requested that Council provide names of individuals fi'om the Niagara Falls business and industry sector for help on the campaign and extended an invitation to other interested individuals to join the campaign. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, to assist the Society in suggesting specific individuals within the community that could help in the fundraising campaign. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest and with all others voting in favour. Mobility Niagara Mr. Al Homeniuk, Project Co-Ordinator, Mobility Niagara requested Council's endorsement of the Town of Pelham's resolution in support of having the Mobility Niagara program reinstated in the area and that a letter of support be forwarded to the Regional Municipality of Niagara and to the Niagara District Health Council for their support; and referred to Communication No. 297 - a letter of endorsement received from Mrs. Arthur Thompson, requesting that Council come to a decision that would benefit the entire region. - AND - Communication No. 298 - Resolution from the Town of Pelham. The communication advises that the Town of Pelham supports Mobility Niagara, a non-profit co-operative venture supported by the Community Transportation Action Program and Mobility Niagara partners to enhance transportation services in Niagara. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that Council endorses the Town of Pelham's resolution in support of having the Mobility Niagara program reinstated in the area. Carried Unanimously. Funding for Nursing Homes Mr. Hank Beekhuis, , Secretary-Treasurer, Niagara Health Care & Service Workers Union Local 302, Christian Labour Association of Canada raised concerns on government funding for nursing homes and the level of care in Ontario long-term care facilities; the trends in the makeup and health of long-term care facility staff and the government's plans to build 20,000 new long-term care beds; what challenges are the long-term care sector facing in providing high-quality resident care in the future; the steps that can be taken to help those working in the long-term care sector do a better job of looking after residents; he invited Council and the community to attend an open forum on long-term care on November 9, 2000 at 7:00 p.m. at the Park Plaza Hotel. -3- Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that Council supports their initiatives and that Council and the community attend the open Forum. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson referred to comments made at the October 16, 2000 Council meeting by Mr. Herb Ledwez regarding a new development in the community and of the delays that took place in processing the application and referred to Communication No. 299 - clarification that was provided chronologically by the City Solicitor on the matter along with Communication No. 300 - correspondence received by the applicant's Solicitor, Mr. Radojcic that responded to the City Solicitor's memorandum. It was noted that discussions would be held with the parties involved to address the issues. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the correspondence be received and filed. Carded Unanimously. Peer Street/Grey Street His Worship Mayor Thomson referred to a letter of complaint which attaches a petition from the residents of Peer Street and Grey Street expressing traffic and safety concerns with respect to this small, narrow residential street. Mayor Thomson requested that staff do whatever is necessary to expedite this matter and the residents' concerns.. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that staff be instructed to do whatever is necessary to expedite this matter to improve the situation for the residents in the area and that a report be brought back on the matter. Carried Unanimously. Coats for Kids Drive His Worship Mayor Thomson requested and encouraged members of the community to provide additional coats and warm articles for the Coats for Kids Campaign and advised that the articles could be dropped off at the Niagara Credit Union on Portage Road or at any of the Firehalls in the City. Matthew Mena Scholarship Fund Mayor Thomson referred to the recent tragic deaths of two young teenagers, Mat Menna and Chadie Krieg and advised that a scholarship fund had been initiated in memory of Matthew Menna; he suggested that the City Clerk place an ad in the newspaper advising the community of the Scholarship fund. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that Council make a donation of $1,000 toward the Matthew Menna Scholarship Fund. Carried Unanimously. -4- COMMUNICATIONS Communication No. 301 - Samaritan's Purse - Re: Proclamation. The communication requests that Council proclaim the week of November 5 - 12, 2000 as "Operation Christmas Child Week" in Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the request be approved. Carried Unanimously. Communication No. 302 - Ontario Drug Awareness Partnership - Re: Proclamation. The communication requests that Council proclaim the week of November 12 - 18, 2000 as "Drug Awareness Week". ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 303 - Fallsview B.I.A. Re: Street Name Change. The communication requests that Council approve, in principle, the change in street name of Buchanan Avenue, between Ferry Street and Main Street, to "Fallsview Boulevard" and that Council approve, in principle, the change in street name of Oakes Drive, between Main Street and Livingstone Street, to "Fallsview Boulevard; and that staff be directed to initiate the formal process and proceed with our request immediately. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the matter be referred to staff for a report for the November 20, 2000 Council meeting. Communication No. 304 - Royal Canadian Legion - Re: Two Minutes of Silence. The communication requests that Council support the two minutes of silence to be observed at 11:00 a.m. on November 11, 2000 Remembrance Day. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the request be supported. Carried Unanimously. Prior to dealing with Regular Council matters, the following issue was brought before Council. Proposed Amendment to Zoning By-law Application AM-47/98, Canadian Niagara Hotels Inc. - AND - Communication No. 305 - Harold Elston, Solicitor on behalf of Ms. Brigas (Searun Estates Inc.). The communication requests deferral of By-law 2000-242 dealing with AM- 47/98, Canadian Niagara Hotels Inc. on this evening's agenda. The Director of Planning and Development advised that there was a by-law on this evening's agenda to establish the zoning for the Canadian Niagara Hotels property on Mountain Road and stated that correspondence received by Mr. Elston indicated that the party had not received or been presented with any prepared access scheme to show the relationship between the joint access between the two properties; he further indicated that the matter being dealt with this evening was a zoning by-law amendment that implements the intended tourist use of the property and that the correspondence received refers to a site plan issue to be dealt with at the site planning process. A discussion ensued suggesting that the by-law be deferred in order to provide an opportunity for the two parties to come to an understanding regarding the ingress and egress concerns. -5- Mr. Victor Muratori, Solicitor, on behalf of Canadian Niagara Hotels Inc., distributed and reviewed the Minutes of Settlement, dated June 26, 2000; provided a brief summary of events dealing with the two development sites. The City Solicitor provided clarification on the public notification process. Reference was made to a petition received from the residents on Mewbum Road directly across from the proposed Mountain/Mewburn Road Commemial development, which expresses opposition to the passing of the by-law due to serious traffic problems that could arise if the property was zoned tourist commemial and suggests that the lands remain residential. In response to concerns expressed, Mr. Muratori stated that the traffic from this site could be accommodated on the basis of proper and safe access in and out of the site. He indicated that his client was prepared to forgo any access from Mountain Road because his client could service their site efficiently and effectively from Mewbum Road. Ms. Brigas advised that neither she nor her solicitor had received adequate notification to deal with the issues and requested that the matter be deferred to the next Council meeting in order that her solicitor could deal with the matter. She provided a brief summary of events with respect to the Minutes of Settlement and commented that the basis for their appeal was due to the fact that the application had been changed and requested that if Council would not defer the matter, that a "holding" symbol be attached to this application. Mr. Muratod expressed the opinion that his client had satisfied the conditions as outlined with regard to the traffic and storm water studies. Mr. Bernard McMann, President, Mount Forest Village, indicated that both parties should agree to joint access in order that both sites have a good traffic flow. The City Solicitor advised that a public meeting had been held on the matter and that at this meeting the zoning by-law amendment was to be passed. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the matter be deferred in order to give the two applicants an opportunity to resolve the traffic issue. The motion Carried with Alderman Michalczyk abstaining from the vote on a conflict of interest; and Aldermen Craitor, Fisher, Ioannoni, Janvary-Pool, Volpatti and Wing voting in favour of the motion and Aldermen Campbell, Feren, Orr, Pietrangelo and Puttick voting contrary to the motion. REPORTS RATIFICATION OF CORPORATE SERVICES COMMI'FFEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the actions taken in Corporate Services Committee, eadier this evening be approved: Adoption of the Minutes of the September 25, 2000 Corporate Services Committee meeting; Recreation Commission - Review of 2001 Budget - that the 2001 Recreation Commission Budget be referred to the final budget deliberations; -6- Arts and Culture Commission - Review of the 2001 Budget - that the 2001 Arts & Culture Commission Budget be referred to final budget deliberations; F-2000-63 - Flat Rate Billing Pedod Amendment - that the schedules to the City's Water By-law be amended; 5. F-2000-64 Municipal Accounts that the Municipal Accounts totalling $3,453,265.29 for the period ending October 30, 2000 be approved - Aldermen Feren, Craitor, Volpatti, Wing, Fisher and Michalczyk declared conflicts of interest; The motion Carried with Aldermen Feren, Craitor, Volpatti, Wing, Fisher and Michalczyk abstaining from the vote on Report F-2000-64 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-244 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening be approved: Adoption of the October 16, 2000 Community Services Committee minutes as amended; BBS-2000-13 - 6068 Montrose Road Property Standard Order - that staff be authorized to retain a towing company forthwith to remove the unlicenced vehicles which 1251459 Ontario Inc., was ordered to carry out under an Order of the Property Standards Officer; MW-2000-128 - 6028 Culp Street, Bed & Breakfast Sewer Impact Study - that the report be received and filed and that a copy of the report be forwarded to Mr. Tony Rovert - Alderman Wing conflict; R-2000-68 - Greater Niagara Baseball Association - Houck Park Fieldhouse - that Council authorize the Mayor and City to sign the lease agreement with the Greater Niagara Baseball Association (GNBA) for the use of the Houck Park Fieldhouse for a term of 25 years and that the GNBA be congratulated for their time and effort expended in achieving this agreement; R-2000-70 - Community Centre Site Selection Consultation Process - that Council receive the Site Selection Discussion Paper prepared by the Steering Committee of the Community Centre project and that Council authorize the Steering Committee to obtain public input on this Discussion Paper; R-2000-71 - Naming of City Owned-Greenspace, West of Paddock Trail & South of Alpine Drive - that the greenspace located west of Paddock Trail and South of Alpine Drive be named Paddock Trail Park; R-2000-72 - Construction of Phase I of the Millennium Trail - that the Tender TR8- 2000 for the construction of Phase I of the Millennium Trail (McLeod Road to Lundy's Lane) be awarded to Hard Rock Paving Company of Port Colborne, Ontario, at the tendered cost of $361,702.80 and further, thai: the by-law appearing later this evening, on the Council agenda authorizing an agreement with Hard Rock Paving Company be approved; New Business: QEW @ Sand Plant Hill - CNR Structure Replacement and QEW Widening, Detail Design Information Letter - that the correspondence be received and filed; -7- - that the Ministry of Transportation be advised that appropriate signage will be required during construction of the proposed improvements to the QEW and that the City is concerned with the condition of the Lyons Creek QEW Overpass; - that Commissioners ticket the illegally parked trucks on Montrose Road near Oakwood Drive - opposed: Alderman Puttick; - that staff and appropriate public agencies meet in the new year to address the condition of the Matthews property on Montrose Road; - that the City sponsor Mr. Gallan $100.00 - opposed: Alderman Puttick; - that staff look into installing a hidden driveway entrance sign on Beaverdams Road between Garner Road and Kalar Road The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest on Report MW-2000-128 because she resides in the area and Alderman Puttick voting contrary to the motion dealing with the illegally parked trucks on Montrose Road and voting contrary to the motion dealing with the City sponsoring Mr. Gallan and with all others voting in favour. See By-law No. 2000-237 See By-law No. 2000-241 MW-2000-127 - Chief Administrative Officer - Award of Contract 2000-15, Supply of Services for the Snowplowing of Parking Lots. The report recommends the following: That Dominion Paving Company be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 1; That Montgomery Brothers be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 2; That Fairchild Concrete Limited be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 3; 4. 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 Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-238 See By-law No. 2000-239 See By-law No. 2000-240 RATIFICATION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONR ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the actions taken in Municipal Parking & Traffic on October 24, 2000, be approved: MW-2000-129 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal Parking and Traffic Committee Recommendations - October 24, 2000 Meeting. 1) MW-2000-71 - Downtown Parking Review - the report recommends that - 1) that two-hour limited parking zones (shown on Exhibit 2), be implemented, on a trial pedod, beginning on January 2, 2001, to allow staff the opportunity to implement all necessary steps to incorporate; -8- 2) 3) 2) that the trial period for one year, to fully assess the impacts that this free parking will have on all of the parking facilities in the Downtown and following the trial period, that full report be preparsd by staff; 3) that additional signing be added to augment the posted 2 hour limit. These signs would clearly advise parkers that there is a 2-hour time limit, and they are not permitted to relocate their vehicles elsewhere on downtown streets within 5 hours within the 2-hour zone; 4) that a 5-hour no rs-parking limit be established to help reduce the potential abuse of the 2-hour free parking zones as shown on Exhibit 3; 5) that the funds be set aside in the 2001 Parking Operating Budget to hirs students to conduct occupancy, duration and turnover studies of these free parking spaces to determine the level of compliance and if the free spaces ars prsviding the service which is intended; that an additional parking enfomement officer be assigned to the Downtown operation to ensure the success of the free parking operation; 7) that all parking meters and posts be rsmoved in the two-hour zones as on Exhibit 2; 8) that the parking fines be increased frsm $5.00 to $10.00 to discourage abuse of the 2- hour free parking zones; 9) that joint venture advertising should be undertaken to prsmote and explain the free parking prsgram; MW-2000-115 - Rysdale Street, Montrsse Road to Hod,qson Avenue - Parking Review - the report rscommends the following: 1) that a corner parking restriction be implemented on the north side of Rysdale Street at Montrsse Road; 2) that pedestrian signs be installed on Rysdale Street west of Montrsse Road facing westbound motorists and east of Beaverdams Road facing eastbound motorists; 3) that consideration be given to the inclusion of a sidewalk on Rysdale Street, in the 2001 Capital Works Budget; MW-2000-117 - McLeod Road at Wilson Crescent - Request for School Cmssin.q Guard - the report rscommends that 1) a school crsssing guard not be prsvided at the intersection of McLeod Road and Wilson Crsscent; 2) that the Region of Niagara, by a unanimous vote of the Municipal Parking and Traffic Committee, consider the installation of a traffic signal on McLeod Road between Drummond Road and Dorshester Road; 4) MW-2000-124 - Valley Way ~ Second Avenue/Simcoe Street - Traffic Operation Review - the recommends that 1 ) a speed hump be installed along with apprspdate warning signs, on the southbound lane of Valley Way between Wilmott Street and Second Avenue; 2) that the residents on Valley Way between Wilmott Street and third Avenue be sent notification regarding the installation of the speed hump, for the purpose of reducing the speed of motorists apprsaching the curve frsm the north; 3)that the effectiveness of the speed hump be rs-evaluated after a 6-month period following installation; 5) Extension of the Corps of Commissionairss Contract to March 31, 2001 - that the Corps of Commissionaires contract be extended to March 31,2001 at current rstes with the exception of the Sergeant and Crsssing Guard Coordinator; 6) Downtown Board - Annual Request for Two Hour Free Parking during December- that the request for 2-hour free parking at the parking meters in the Downtown Cors, during the month of December only, be approved. Carded Unanimously See By-law No. 2000-235 PD-2000- 123 - Chief Administrative Officer - Re: Official Plan Review; Adult Entertainment and Body Rub Parlours. The report recommends that Council authorize the hiring of a planning consultant to undertake a study of adult entertainment and body rub parlours as part of the City's Official Plan review prsgramme. -9- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni, that the report be received and adopted. Carded Unanimously. PD-2000-124 - Chief Administrative Officer - Re Request for Removal of Part Lot Control; 6181-6197 Shane Crescent; Block 1, Registered Plan 59M-279. The report recommends the following: That Council approve the request and pass the appropriate by-law to designate Block 1, Registered Plan 59M-279, as exempt from Part Lot Control; 2. That the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-234 PD-2000-125 - Chief Administrative Officer - Re: Request for Removal of Part Lot Control; 6180-6196 Shane Crescent; Block 4, Registered Plan 59M-279. The report recommends the following: 1) That Council approve the request and pass the appropriate by-law to designate Block 4, Registered Plan 59M-279, as exempt from Part Lot Control 2) That the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by-law to be repealed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-246 CD-2000-26 - Chief Administrative Officer - Re: Cancellation of Council Meeting of November 27, 2000. The report recommends that the regular scheduled Council meeting of November 27, 2000 be cancelled. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L-2000-66 - Chief Administrative Officer - Re: Establishment of a Road Widening as a Public Highway, Church's Lane, Parts 3 and 4 on Reference Plan 59R-11116. The report recommends that the road widening along the north side of Church's Lane, described as Parts 3 and 4 on Reference Plan No. 59R-11116, be established as a public highway to form part of Church's Lane. ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-236 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: 2000-233 A by-law to authorize an Encroachment Agreement with Gary Brian Burke and Carolyn Elizabeth Burke for the purpose of permitting the encroachment of a wrought iron fence onto Ellis Street Road Allowance. 2000-234 A by-law to designate Block 1 on Registered Plan No. 59M-279 not to be subject to part lot control. (Re: Report PD-2000-124) 10- 2000-235 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Limited Parking). 2000~36 A by-law to establish Part 3 and 4 on Reference Plan No. 59R-11116, as a public highway, to be known as and to form part of Church's Lane. 2000~37 A by-law to authorize the execution of an agreement with the Greater Niagara Baseball Association with respect to operating and managing the Club House. 2000~38 A by-law to authorize the execution of an agreement with G.R. Fairchild Concrete Construction Ltd. For the supply of services for the snowplowing of Parking Lots in Area 3. 2000-239 A by-law to authorize the execution of an agreement with T.T. & H. Montgomery Construction (Niagara) Limited for the supply of services for the snowplowing of Parking Lots in Area 2. 2000~40 A by-law to authorize the execution of an agreement with LaRosa & Carrie Enterprises Ltd. For the supply of services for the snowplowing of Parking Lots in Area 1. 2000-241 A by-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for the supply and installation of Asphalt Trail and Fencing for the Millennium Trail - Phase 1. 2000-242 A by-law to amend By-law No. 79-200, as amended. (Re: AM-25/2000, Steven and Cdstina Tomin) 2000-243 A by-law to amend By-law No. 79-200, as amended. (Re: Am-14/2000, Falls Masonry Limited) 2000-244 A by-law to authorize monies for General Purposes (October 30, 2000). 2000-245 A by-law to amend By-law No. 98-275, which amended by-law No. 98-151, being a by-law respecting the conveyance of land for park purposes. 2000~46 A by-law to designate Block 4 on Registered Plan No. 59M-279 not to be subject to part lot control. 2000-247 A by-law to authorize the execution of an agreement with Environmental Systems Research Institute Inc. respecting a Master Licence Agreement. The motion Carded with Aldermen Feren, Craitor, Volpatti, Wing, Fisher and Michalczyk abstaining from the vote on By-law No. 2000-244 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the by-laws be now read a second and third time: 2000-233 A by-law to authorize an Encroachment Agreement with Gary Brian Burke and Carolyn Elizabeth Burke for the purpose of permitting the encroachment of a wrought iron fence onto Ellis Street Road Allowance. 2000-234 A by-law to designate Block 1 on Registered Plan No. 59M-279 not to be subject to part lot control. (Re: Report PD-2000-124) 11 2000-235 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Limited Parking). 2000-236 A by-law to establish Part 3 and 4 on Reference Plan No. 59R-11116, as a public highway, to be known as and to form part of Church's Lane. 2000-237 A by-law to authorize the execution of an agreement with the Greater Niagara Baseball Association with respect to operating and managing the Club House. 2000~38 A by-law to authorize the execution of an agreement with G.R. Fairchild concrete Construction Ltd. For the supply of services for the snowplowing of Parking Lots in Area 3. 2000-239 A by-law to authorize the execution of an agreement with T.T. & H. Montgomery Construction (Niagara) Limited for the supply of services for the snowplowing of Parking Lots in Area 2. 2000-240 A by-law to authorize the execution of an agreement with LaRosa & Carrie Enterprises Ltd. For the supply of services for the snowplowing of Parking Lots in Area 1. 2000-241 A by-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for the supply and installation of Asphalt Trail and Fencing for the Millennium Trail - Phase 1. 2000-242 A by-law to amend By-law No. 79-200, as amended. (Re: AM-25/2000, Steven and Cristina Tomin) 2000~43 A by-lawto amend By-law No. 79-200, asamended.(Re:Am-14/2000, Falls Masonry Limited) 2000-244 A by-law to authorize monies for General Purposes (October 30, 2000). 2000~45 A by-law to amend By-law No. 98-275, which amended by-law No. 98-151, being a by-law respecting the conveyance of land for park purposes. 2000~46 A by-law to designate Block 4 on Registered Plan No. 59M-279 not to be subject to part lot control. 2000-247 A by-law to authorize the execution of an agreement with Environmental Systems Research Institute Inc. respecting a Master Licence Agreement. The motion Carried with Aldermen Feren, Craitor, Volpatti, Wing, Fisher and Michalczyk abstaining from the vote on By-law No. 2000-244 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Safe Drivin;I Week Alderman Carelynn Ioannoni referred to a drinking and driving initiative for a safe city campaign and requested that Council support a resolution to designate one week as "Safe Ddving Week". ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Wing, that Council consider supporting a resolution to designate one week as "Safe Driving Week" and further, that a letter be forwarded to other municipalities requesting their support on this initiative. Carried Unanimously. - 12- Following further discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Fisher, that staff look into some of the severities of punishment in foreign countries that deal with drinking and driving issues and that staff come back with a report on this matter. Carried Unanimously. Letter of Conl:lratulations ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter of congratulations be forwarded to the Chippawa Presbyterian Church on the occasion of celebrating 169 years in the community. Carried Unanimously. Muzzling of Dogs Alderman Selina Volpatti referred to an incident whereby a resident had been bitten by a dog and requested that staff prepare a report which addresses the issue of muzzling certain breeds such as Pit bulls, Rotweillers and German Shepards when off their property and also whether individuals can tie their dogs to parking meters and leave them there. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that staff prepare a report which addresses the issue of muzzling certain breeds such as Pit bulls, Rotweillers and German Shepards when offtheir property and also whether individuals can tie their dogs to parking meters and leave them there. Carried Unanimously. Shortaae of Doctors in the area Alderman Wayne Campbell referred to comments made at an eadier Council meeting regarding having a shortage of doctors in the area; he was informed by the Mayor that a committee has been set up to try and recruit doctors to the City and advised that this matter was being dealt with aggressively and that a report would be brought back to Council in the new year. Santa Claus Parade Alderman Michalczyk provided an update on the upcoming Santa Claus Parade being held on November 18, 2000 at 11 a.m. and invited everyone to attend the festivities that were planned. Good Luck and Best Wishes His Worship Mayor Thomson congratulated members of Council for their excellent work over the past three years as a Council and he expressed good luck and best wishes to all the Council members in the upcoming municipal elections. -13- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. READANDADOPTED, WAYNE THOMSON, MAYOR TWENTY-FOURTH MEETING SPECIAL COUNCIL MEETING Council Chambers October 25, 2000 Council met on Wednesday, October 25, 2000 at 4:30 p.m. All members of Council, with the exception of Aldermen Fisher, Volpatti, Pietrangelo and Orr, were present. His Worship Mayor Thomson presided as Chairman. His Worship Mayor Thomson advised that the purpose of the Special Meeting was to deal with Ritz Motel Limited, 6740 Oakes Drive - AM-11/2000. Prior to dealing with the Ritz Motel matter, His Worship Mayor Thomson referred to Communication No. 296 - The Betting Shop, Mr. Duane Smith, owner. The communication requests Council approval to open an off-track betting teletheatre at 4189 Stanley Avenue. Following some discussion, it was ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. Ritz Motel Limited - 6740 Oakes Drive - AM-1112000 The Director of Planning and Development provided a brief summary of events with regard to the application; he advised that the Niagara Parks Commission had expressed specific concerns with respect to the City's Official Plan. He further advised that a number of changes had been implemented and have addressed all the conditions that were outlined in the Niagara Parks Commission letter of August 25, 2000 and referred to the following changes: 1) That the number of suites were reduced from 438 to 370; 2) That the height of the Tower was reduced from 32 storeys to 28 storeys; 3) That the podium base was reduced from five storeys to four storeys; 4) That a 7.5 metre setback has been added between the Marriott extension and the new podium; 5) That a 25-metre setback has been added between the Marriott extension and the New Hotel Tower; 6) That a 12.5 metre setback up to the 15th floor and a 17.5 metre setback above the 15th floor is implemented along Oakes Drive; 7) That the Parking Garage Ramp is only IN after the drop-off within the property, and only OUT onto Oakes Drive; 8) That the out Ramp is lined up with Dunn Street in coordinating with the updated Traffic Study; 9) That location of ramps and pedestrian access is co-ordinated with the updated Wind Study; 10) That an updated Sun/Shade Study was submitted. The Director of Planning and Development further advised that if all the changes were made and the applicant provided updated plans as requested by the Niagara Parks Commission, they would withdraw their objections His Worship Mayor Thomson received indication that Mr. William Dermody, Solicitor was in attendance on behalf of Hellas Enterprises Limited. Mr. Dermody advised that his client had received the plans that were before Council but needed time to review the plans from a planning and architectural standpoint; he expressed the view that there was no need for haste in this matter and that Council should be cautious and prudent in dealing with the plans that had been submitted and he further suggested that it would be appropriate to table the matter in order to obtain guidance from the Architectural Peer Review Committee. The Director of Planning and Development advised that a special meeting had been held on July 14, 2000, with staff, the proponents of the Ritz Motel, the Niagara Parks Commission and the Peer Review Panelists who had laid out the plans of compliance and non-compliance with the Official Plan Guidelines and advised that since that time, all the issues have been addressed to the satisfaction of the Niagara Parks Commission. He further advised that the Niagara Parks Commission requested that a letter be provided confirming that the City is in agreement with the proposed amendments to the By-laws and that a clause be added indicating that all entrance designs and pedestrian movements into and onto Portage Road be in accordance with the City's Tourist Area Streetscape Master Plan and to the satisfaction of The Niagara Parks Commission. Ms. Italia Gilberti, Solicitor on behalf of The Ritz Motel Limited, provided a brief update on the events that had occurred from the May 29, 2000 Council meeting to the present. She advised that meetings had been held to identify and discuss the concerns of the Niagara Parks Commission; she stated that Hellas Enterprises Limited had not contacted the applicant with regard to any concerns that they might have on the matter. She stated that all the material had been reviewed and that the applicant and the Niagara Parks Commission were pleased with the completed conditions. Ms. Gilberti advised that her client was seeking Council's endorsement that a review of the by-law has been conducted and that the plans as completed are satisfactory to the City. His Worship Mayor Thomson received a negative response to his request for a show of hands by any other persons that were interested in addressing Council on the matter. Following the discussion, it was ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that the City Solicitor be authorized to advise the Ontario Municipal Board that the City consents to the proposed changes to By-law Nos. 2000-103 and 2000-105 as agreed to between the Ritz Motel and the Niagara Parks Commission and further, that the Director of Planning and Development be authorized to sign a letter to that effect to the Niagara Parks Commission further addressing concerns regarding the Urban Design Standards and entrance designs and pedestrian movements on Portage Road to the satisfaction of the Niagara Parks Commission. Carried Unanimously. ORDERED on the motion of Mayor Thomson, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ ANDADOPTED, WAYNE THOMSON, MAYOR TWENTY-SECOND MEETING REGULAR COUNCIL MEETING Council Chambers October 2, 2000 Council met on Monday, October 2, 2000 at 7 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Ken Feren offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the Minutes of the Regular Council Meeting of September 25, 2000 be adopted as printed. Carried Unan DISCLOSURES OF PECUNIARY INTEREST Alderman Pietrangelo indicated a pecuniary interest on Communication No. 259, St. Gabriel Lalemant School and indicated a pecuniary interest on Report F-2000-61, Cheque No. 254203 because he is employed by the Niagara Catholic District School Board. Alderman Wing indicated a pecuniary interest on Report R-2000-65 because she is an officer of one of the organizations named. Alderman Feren indicated a pecuniary interest on Report F-2000-61, Cheque No. 254264 because his company is the recipient. Alderman Campbell indicated a pecuniary interest on Report F-2000-61, Cheque No. 254202 because he is employed by the District School Board of Niagara. Alderman Craitor indicated a pecuniary interest on Report F-2000-61, Cheque Nos. 254148; 254219; 254223 and 254241 because a member of his family is employed bythe Region. DEPUTATIONS WellsDrina Niagara Cancer Centre Mr. Bill Gallaway introduced Ms. Ann Mantini, Chair, Wellspring Niagara, who provided a brief history for the creation of the Centre and indicated that Wellspring Niagara was a non-profit charitable organization offering a range of supportive care programs to meet the psychological, social, emotional, informational and spiritual needs of cancer patients, their families and caregivers; she reviewed the various fundraising campaigns that would be held; thanked members for the opportunity to address Council and requested their support in this endeavour. Following the presentation, it was ORDERED on the motion of Alderman Puttick, seconded byAIderman Ioannoni, that the matter be referred to staff. Carried Unanimously. His Worship Mayor Thomson congratulated and thanked the presenters for their dedication and wished them good luck in their future endeavours. -2- MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Letter of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that a letter of condolence be forwarded to the family of the late Rt. Honoureble Pierre Elliott Trudeau. Carded Unanimously. His Worship Mayor Thomson advised that a Condolence Book was available for signing and expressions of sympathy in the front lobby of City Hall and stated that a Special Memorial Service was being held at Christ Church on Tuesday, October 3, 2000 at 12:15. Hirino of Customs Immioration Officers ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that Council re-endorse it's resolution on hiring permanent Customs Officers in Niagara to handle the significant increases in cross border traffic; and that the Minister responsible be advised that the Municipality is disappointed at not being considered at the same time as Windsor was for the hiring of Customs Officers and further that a letter be forwarded to Sheila Copps requesting her assistance in this matter. Carried Unanimously. Maple Street School Matter from Community Services Committee His Worship Mayor Thomson indicated that the matter of tha demolition of Maple Street School was being brought forward from the Community Services Committee to be dealt with in open Council. Mayor Thomson received indication that Mr. Ted Salci, Mr. Don Chapman, on behalf of Project Share and Maple Street area residents were in attendance to discuss the issue. Mr. Ted Salci addressed Project Share's interest in the preperty and commented on the City's acquisition of the property for parkland purposes and the demolition of the school building; he requested that Council consider leaving the gymnasium and library portion of the building in place and permitting Project Share to utilize those facilities; he also advised that Project Share would like to have the opportunity to hear and address the concerns of the area residents. Mr. Don Chapman previded an overview of the preposed use of the facility through posted sketches and indicated that the 7,000 square foot building would ideally solve the space accommodation problems that Project Share has and for the services that they previde; he advised that the gym and library portion of the building have been well built and well maintained and requested that the building be saved. The Director of Parks, Recreation and Culture provided clarification with respect to questions raised and advised that this area was the most deficient area for parkland purposes and was needed for parkland and greenspace for the City. She commented on the costs of maintaining the facility and staff for City purposes. -3- Mr. Salci provided clarification on questions reised and advised that Project Share would not be housing any individuals at the facility, nor would there be any activity on weekends at the facility; he further advised that Preject Share was prepared to consider investing monies to accommodate the purchase of the building and the inside renovations. Mr. Mark Heuser, 4762 6th Avenue, presented a petition with approximately 528 names expressing opposition to the use of the building; he stated that he would like to have a park dedicated to the students and teachers of Maple Street School. Ms. Nancy Huber, 5127 Maple Street expressed concems with respect to the safety of the children in the area due to the type of individuals that would be frequenting the facility; she was of the opinion that such a facility should not be located in a residential area and requested that Council reconsider the location of Project Share. Mr. Frank Visantin, 4625 5th Avenue, indicated that there were young families living in the area that needed to have a park for their children; he further commented that the properties would be devalued if such a facility was permitted in a residential area. Mr. Frenk De Luca, 4341 Kilman, advised that he had an interest in purchasing the property initially, but that his bid had been too Iow; he indicated that the building should not be demolished and expressed an interest in negotiating a purchase price for the building to be used as an adult alternative school and community centre. Mr. De Luca responded to questions raised and commented that his intention would be to sever the back portion of the property for parkland purposes and the City would own and maintain the park and he would own and maintain the building as part of the adult alternative school and would offer the gym to community groups. Mr. Larry Huber, 5127 Maple Street indicated that the residents require a park and the children need a place to play. Ms. Deidre Grabatin, 5191 Maple Street expressed the opinion that she did not appreciate having an organization such as Project Share in the neighbourhood and that her family would move if the facility moved to the residential area. Ms. Betty Collins advised that Project Share needed larger facilities and should be located in a commercial area. During the discussion, on the motion of Alderman Puttick, seconded by Alderman Volpatti, that Mr. Darren Wood be permitted to address Council. Carried Unanimously. Mr. Darren Wood, on behalf of 33 residents in the area expressed concerns with respect to the type of individuals lingering in the area and the type of parphanalia that would be left in the neighbourhood, referred to the devaluation of properties and indicated that Project Share should be relocated in a commercial area. Discussions were held with respect to the cost of tipping fees for the demolition project. The Director of Parks, Recreation and Culture responded to concerns expressed regarding costs and advised that the building and staff would be too costly to maintain. Following the discussions, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the request of Project Share to enter into a long- term lease for the gym and Auditorium portion of Maple Street School be denied; and that the building be demolished and that the area be turned into a park. Carried Unanimously. -4- The Director of Parks, Recreation and Culture advised that playground equipment would be part of the budget process. COMMUNICATIONS Communication No. 259 - St. Gabriel Lalemant School, Re: Street Signs. The communication requests that consideration be given to removing thE; Street sign "Frances Avenue" in front of St. Gabriel Laiemant School. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, to approve the street name change. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 260 -The Optimist Club of Niagara Falls -Re: Proclamation. The communication requests that Council proclaim the week of November 5th to November 11th, 2000 as "Youth Appreciation Week" in the City of Niagara. ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the request be approved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman, seconded by Alderman, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of September 25, 2000 Community Services Committee Meeting; 2. BBS-2000-11 - Sign By-law Variance, Thorold Stone Road -. that the vadance for a ground sign having an area of forty-eight (48) square feet with a three (3) foot side yard set back for Murphy's Music at 6011 Thorold Stone Road be approved and that the next door neighbour be notified; 3. Communication Items: That the Niagara Parks Commission's request to extend the fireworks program for Friday, October 6, 2000 be granted; 4. New Business: That staff expedite a claim regarding a water meter installation. The motion Carded with Alderman Feren abstaining from the vote on a conflict of interest on Report BBS-2000-11 and with all others voting in favour. MW-2000-81 . Chief Administrative Officer - Re: Class Environment Assessment, Ontario Hydro Drop Shaft and Storm Drainage System Improvements Study. The report recommends that the Class Environmental Assessment - Ontario Hydro Drop Shaft and Storm Drainage System Improvement study be received and the conclusions and recommendations contained therein be adopted, subject to the advertisement of the Notice of Study Completion and the 30-day public review period. -5- ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously. MW-2000-108 -Chief Administrative Officer- Re: Anti-Whistling By-law on Dorchester Road, north of Mountain Road, Grimsby Sub'd. Mi. 4.39. The report recommends that the by-law appearing on tonight's Council Agenda, for Anti-Whistling at the above location be approved. ORDERED on the motion of Alderman Voipatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-218 MW-2000-118 - Chief Administrative Officer - Re: Consulting Services for the Deck Condition Survey and Design of Remedial Works, Hydro Canal Bridge, Drummond Road. The report recommends that in accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for a deck condition survey and design of remedial works of the Hydro Canal Bridge on Drummond Road with Ellis Engineering Inc., for the upset limit of $47,460.00. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-220 MW-2000-119. Chief Administrative Officer - Re: Resale of Lot #72, Bridgewater Street. The report recommends that Lot #72 be advertised for sale by public tender with full disclosure on the location of the buried structure and the need for soil tests to determine adequate footings size. ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the report be received and adopted. Carried Unanimously. MW-2000-120 - Chief Administrative Officer - Re: Residential Self Haul Waste. The report recommends that Council receive this report for information. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the report be received and adopted. Carded Unanimously. R-2000-65 - Chief Administrative Officer - Re: Insurance Coverage for Recreation Group Affiliates. The report recommends that Council support the policy dealing with Insurance Coverage for Recreation Group Affiliates. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. F-2000-61 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $12,038,458.73 for the period ending October 2, 2000. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. The motion Carded with Aldermen Pietrangelo, Feren, Campbell and Craitor abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-221 FS-2000-12 - Chief Administrative Officer - Re: Public Fire Safety Awareness Initiative. The report recommends that the City of Niagara Falls Fire Department enter into a one-year agreement with Obie Media to provide fire safety promotion, conditional upon the securing of sponsors to cover all costs associated with the proposal. -6- The Assistant Fire Chief provided an update on the activities during Fire Prevention Week and invited the community's participation. Following the presentation it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. FS-2000-13 - Chief Administrative Officer - Re: Tanker Shuttle Exercise. The report recommends that the report is for the information of Council. The Assistant Fire Chief, provided information through the use of slides, on the very extensive tanker shuttle exercises that had taken place with Stations 4, 5 and 6. Following the presentation, it was ORDERED on the motion of Alderman Pietrangeio, seconded by Alderman Feren, that the report be received and filed. Carried Unanimously. R-2000-66 - Chief Administrative Officer - Re: Actions Stemming from the Environmental Planning & Greening Committee Meeting of September 20, 2000. The report recommends that Council endorse the actions of the September 20, 2000, meeting of the Environmental Planning & Greening Committee. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that the report be received and filed. Carded Unanimously. BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 2000-218 A by-law to prohibit the sounding of any railway engine whistle in respect of the Dorchester Road highway crossing in the City of Niagara Falls. 2000-219 A by-law to amend By-law No. 89-155, as amended, being a by-law to provide for the Standing Rules of the Council. 2000-220 A by-law to authorize the execution of a Consulting Agreement with Ellis Engineering Inc., respcting Deck Condition Survey and Design of Remedial Works for the Hydro Canal Bridge on Drummond Road. 2000-221 A by-law to authorize monies for General Purposes (October 2, 2000) The motion Carried with Aldermen Craitor, Campbell, Feren and Pietrangelo abstaining from the vote on By-law No. 2000-221 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the by-laws be now read a second and third time: 2000-218 A by-law to prohibit the sounding of any railway engine whistle in respect of the Dorchester Road highway crossing in the City of Niagara Falls. 2000-219 A by-law to amend By-law No. 89-155, as amended, being a by-law to provide for the Standing Rules of the Council. 2000-220 A by-law to authorize the execution of a Consulting Agreement with Ellis Engineering Inc., respecting Deck Condition Survey and Design of Remedial Works for the Hydro Canal Bridge on Drummond Road. -7- 2000-221 A by-law to authorize monies for General Purposes (October 2, 2000) The motion Carried with Aldermen Craitor, Campbell, Feren and Pietrangelo abstaining from the vote on By-law No. 2000-221 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Stamp Issue Honouring Volunteer Firefightem Alderman Victor Pietrangelo referred to correspondence received from the Town of Hanover requesting support of a resolution to have a stamp issued by Canada Post honouring Volunteer Firefighters. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that a letter of support be forwarded to the Hon. Alfonso Gagliano, Minister responsible for Canada Post to have a stamp issued honoudng Volunteer Firefighters. Carded Unanimously. Increased Neighbourhood Surveillance Alderman Victor Pietrangelo referred to cars being stolen in the area of Green Avenue off of Montmse Road and requested increased neighbourhood surveillance in the area along with additional officers. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that a letter be forwarded to the police requesting them to improve neighbourhood surveillance and providing additional officers in the area. Carried Unanimously. Dragon Boat Race Event Alderman Ken Feren indicated that the Dragon Boat Race was a very successful event and requested that a letter of congratulations be forwarded to Heart Niagara for all their efforts in the Dragon Boat Race event. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that a letter of congratulations be forwarded to Heart Niagara for all their efforts at the Dragon Boat Race event. Carded Unanimously. Niaaara Golf Classic ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that a letter of congratulations be forwarded to Tourism Niagara, to Mr. Noel Buckley and to the volunteers from the Niagara Parks Commission for all their efforts in the Niagara Golf Classic. Carried Unanimously. -8- Skateboardin~ Park in Chippawa Alderman Ed Michalczyk discussed the need for a skateboarding park in Chippawa and stated that the monies be taken from the ongoing reserve account and that the park be put in. Following some discussion, it was ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that Council approve putting in a skateboarding park in Chippawa. The motion Carried with Aldermen Orr and Puttick voting contrary to the motion and with all others voting in favour. Openin;I of Queenston Place Retirement Home Alderman Carolynn Ioannoni referred to her attendancE; at the opening of Queenston Place Retirement Home and commented on what a remarkable facility it was. Balmoral Park Equipment Alderman Ioannoni commented that the Balmoral Park equipment had been installed and how pleased and happy the residents are with the new equipment. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. Read and adopted, Wayne Thomson, Mayor SPECIAL COUNCIL MEETING TWENTY-FIFTH MEETING Council Chambers November 9, 2000 Council met on Monday, November 9, 2000 at 4:30 p.m. All members of Council, with the exception of Alderman Campbell, who had a previous work commitment, were present. His Worship Mayor Thomson presided as Chairman. His Worship Mayor Thomson advised that the purpose of the Special Meeting was to consider a swap of land between Metrus Properties Limited and the City, whereby the City would give 15-acres of the Montmse Business Park to Metrus Properties Limited and the City would receive a 19-acre woodlot in Chippawa. Pdor to dealing with the land swap issue, it was ORDERED on the motion of Alderman Fisher, seconded to by Alderman Pietrangelo, that Report F-2000-65 be brought forward. Carried Unanimously. F-2000-65 - Chief Administrative Officer - Re: Cancellation, reduction or Refund of Taxes Under Section 442 and 443 of the Municipal Act. The report recommends that the cancellation, reduction or refund of taxes on the property taxes of 2525 Kalar Road be approved and granted to Club Italia Niagara Order of Sons of Italy. ORDERED on the motion of Alderman Fisher, 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, because a family member is associated with the organization and with all others voting in favour. Report L-2000-88 - Chief Administrative Officer- Re: Metrus Properties Limited Offer to Purchase and Option regarding Montrose Business Park. The report recommends that the Offer to Pumhase part of the Montmse Business Park submitted by Metrus Properties Limited and attached hereto as Appendix "A" be accepted; and further that the Option Agreement for the balance of the Montrose Business Park submitted by Metrus Properties Limited and attached hereto as Appendix "b" be accepted. His Worship MayorThomson provided a bdef overview of Metrus Properties Limited, and distributed a portfolio of Metrus Properties client list to members of Council; he congratulated the Business Development staff who had been working with Metrus Properties to develop the land which would spur industrial development to take place and indicated that this was a great opportunity for industrial development within the community. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest, because she resides in the area and with all others voting in favour. See By-law No. 2000-248 -2- By-Law 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: 2000-248 A by-law to authorize the execution of an Offer to Purchase and Option Agreement with Metrus Properties Limited. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with ail others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the by-law be now read a second and third time: 2000-248 A by-law to authorize the execution of an Offer to Purchase and Option Agreement with Metrus Properties Limited. The motion Carded with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ ANDADOPTED, COMMITTEE-OF-THE-WHOLE TWENTY-SIXTH MEETING Committee Room 2 November 20, 2000 Council met in Committee-of-the-Whole, on Monday, November 20, 2000 at 6:30 p.m. All members of Council, were present. Alderman Ken Feren presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole did not dse to report in open session. READANDADOPTED, REGULAR COUNCIL MEETING Council Chambers November20,2000 ADOPTION OF MINUTES Alderman Volpatti requested that the Minutes of October 30, 2000 be amended to reflect that her motion dealing with the Proposed Amendment to Zoning By-law Application AM-47/98, Canadian Niagara Hotels Inc. was "that the matter be deferred in order to give the two applicants an opportunity resolve the traffic issue". ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the Minutes of the Regular Meeting of October 30, 2000 be adopted as amended; and that the Minutes of the Special Meeting of November 9, 2000 be adopted as pdnted. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F-2000-66, Cheque Nos. 254949; 255306; 255406 and on the Deputation dealing with Westlane Secondary School, because the Distdct School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report F-2000-66, Cheque Nos. 254998 and 255152 because a family member is employed by the Region. Alderman Michalczyk indicated a pecuniary interest on Report BBS-2000-17, Report L-2000-90; PD-2000-134 and PD-2000-135 and on Report F-2000-66, Cheque No. 255164 because of his ongoing investigation and lawsuit; and indicated a pecuniary interest on Report PD-2000-130 because he resides adjacent to the proposed development. -2- Alderman Orr indicated a pecuniary interest on Report F-2000-66, Cheque No. 255133 because the recipient is a member of her family. Alderman Volpatti indicated a pecuniary interest on Community Services Committee Report BBS-2000-18, because a family member is employed by the company; and indicated a pecuniary interest on Cheque No. F-2000-66, Cheque No. M93116, and on Report F-2000-69, because a family member belongs to the organization; and on Report PD-2000-128 because a family member is employed by the company. Alderman Wing indicated a pecuniary interest on Report F-2000-66, Cheque Nos. 254910, 255107 and 254992 because she is an officer of the organization involved; and on By-law No. 2000-256 because she resides in the area. PRESENTATIONS Ontario Heritaqe Community Recoqnition Program Ms. Debra Legge, Vice Chair, Arts & Culture Commission and His Worship Mayor Thomson presented the Ontario Hedtage Foundation A ward to Mr. Robert Cormier and Mr. Jack Hall, in recognition of their outstanding work in the community. Younq Family Endowment Scholarship Fund His Worship Mayor Thomson and Ms. Debra Legge, Vice Chair, Arts & Culture Commission presented the Young Family Endowment Scholarship A ward to Kaitlan Wright and Danny Wright. DEPUTATIONS Project Red Ribbon 2000 His Worship Mayor Thomson welcomed, Pam Sharkey and Victoria Kinsman, members of Westlane Secondary School's Students Against Impaired Driving who provided information on the Project Red Ribbon 2000 campaign and requested that red ribbons be tied to all City and Council vehicles in support of the Project Red Ribbon Campaign. Also In attendance was Katheryn Wilson, Student Services. Following the presentation, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that Council endorses the 2000 Project Red Ribbon Campaign and to encourage awareness and participation by tying red ribbons to their vehicles and City vehicles. Carried Unanimously. Wheel World Car Show Mr. Jim McBurney, Wheel World provided an update on the upcoming 7~h Annual Wheel World Car Show being held from November 24th to November 26th, 2000 at the Skylon Tower and invited everyone to attend the event. -3- The Millennium Gateway Development Project Mr. S. Archie Thompson & Associates were not in attendance. MAYOR~ REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson advised that there are certain individuals who were knocking on doors in the community stating that they are with the City and were testing the water in the area and cautioned that there are no municipal employees who are testing water in the community. Free Flu Shot Clinics His Worship Mayor Thomson advised that there will be free flu shots available to all residents in the community and provided the dates and locations of the clinics. COMMUNICATIONS Communication No. 306 - The Federation of Canadian Municipalities (FCM) Re: Proclamation. The communication requests that Council proclaim the week of November 25 - December 6, 2000 as "White Ribbon Week". ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the request be supported. Carded Unanimously. REPORTS MW-2000-130 . Chief Administrative Officer- Re: Consulting Services for the Design of Storm Trunk Sewer; Stanley Avenue Drop Shaft. The report recommends that the City of Niagara Falls enter into a Consulting Services Agreement for the design of the Storm Trunk Sewer for the Fallsview Tourist Core Area from the Stanley Avenue Drop Shaft to Kitchener Street with Philips Engineering Ltd., for the upset limit of $53,640.00 plus G.S. T. ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carded Unanimously. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that staff contact our Member of Parliament, Mr. Gary Pillitteri, and request that the municipality be given relief from the G.S. T. on capital works projects. Carded Unanimously. R-2000-75. Chairperson, Sports Waft of Fame Committee- Re: 2000 Sports Wall of Fame Inductees. The report recommends that Council endorse the following Inductees to the 2000 Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall of Fame Committee: 1900-1950 Era Bill Whittet Athlete Cy Patterson Athlete -4- 1951 - 1970 Era Art Conte Bob Coull George Holmes Sam Long Chippawa Midget Baseball Team, 1960 Finbow Juvenile Baseball Team, 1966 Builder Builder Athlete Builder Team Team 1971 - 1990 Era Niagara Falls Special Olympics Builder Stamford Kiwanis Junior Baseball Team, 1974 Team ORDERED on the motion of Alderman Janvary-Pool, seconded by A/derrnan Feren, that the report be received and adopted. Carded Unanimously. RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelol, seconded by Alderman Janvary-Pool, that the actions taken in Community Services Committee, earlier this evening be approved: Adoption of the October 30, 2000 Community Services Committee Minutes as amended; MW-2000-131- Petition for Rural Road Upgrade, orr Road, Weaver Road, Willick Road & Rexinger Road- that sections of these roads be considered for inclusion in the 2001 Current Budget and following years and that an increase in the funding level for the surface treatment program be considered for the 2001 Budget; PD-2000-126 - Warren Creek Watershed Master Plan Provincially Significant Wet/ands - that Council approve Option #3 in this report to endorse the Watershed Plan and direct staff to advance the wetland policies for this area; BBS-2000-14 - Set Fines & Short Form Wording, Va#ous By-laws & Building Code Act- that Council be advised that the fo/lowing set fines and short form wordings as set out on the attached appendices shall be forwarded to the Regional Senior Justice of the Ontan'o Court of Justice for the Province of Ontario; BBS-2000-15 - Litter By-Law Proposed Administration Fee - that Council approve an amendment to Litter By-law No. 96-32 to provide for an administration cost of $250.00 exclusive of disbursements; BBS-2000-16 - Sign By-law Vadance, 6326 Thorold Stone Road- that the variance for a ground sign having an area of thirty-two (32') square feet with a three (3') foot side yard set back, for Sunstrum's Town and Country Flodst sign at 6326 Thorold Stone Road, Niagara Falls, Ontario be approved - Alderman Feren, conflict; BBS-2000-17- 5888 Thorold Stone Road, Sign Applications .. that Council approve the variance to allow nine signs in total at 5888 Thorold Stone Road; BBS-2000-18 - 5950 Victoda Avenue, Courtyard Mardott, Variance Ground Sign - that Council approve the vadance to allow three ground signs in total at 5950 Victoda Avenue; BBS-2000-19 - 6546 Buchanan Avenue Applebee's Restaurant- that the vadance for a ground sign at Buchanan Avenue be approved- Alderman Volpatti, conflict; -5- 10. R-2000-76 - Cemetery By-law - the report recommends that: a) The revised Cemetery By-law be approved effective January 1, 2001; That following City Council's approval, the new Cemetery By-law be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for their review and approval in accordance with the Cemeteries Act; That following City Council's approval and prior to implementation, thirty (30) days public notice be given outlining the changes in the Cemetery By-law. 11. R-2000-74 - Proposed 2001 Cemetery Charges - the report recommends thah The Changes to the 2000 Cemetery charges, as specified in the attached Cemetery Fee Schedule, be approved effective January 1, 2001; b) That the By-law appearing later this evening, be approved; That following City Council's approval, the 2001 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; That following City Council's approval and prior to implementation, 30 days public notice be given outlining the changes in Cemetery charges - Alderman Puttick opposed; FS-2000-14 - Protective Clothing for Fire Fighting - that Council approve the purchase of 19 sets of firefighter's safety clothing from Safedesign Apparel Limited, in the amount of $1,023. 93 plus taxes each (Total $19, 454.67 plus taxes); New Business: That staff report back on the options available in dealing with the dumping of garbage throughout the City; That City staff contact LA CA C regarding a placement of a plaque at the McCredie Burial Plot and on Karl Road Ext off Montrose Road; That staff report back on the posting of major offences and penalties as outlined in the Cemetery By-law at City Cemeteries; That staff report back on the cost of excavating and stoning a rum-around at Riverview School on Cattell Drive to accommodate the Kiss & Ride Program; That staff prepare a report on the extension or construction of a tum-around on Oakwood Drive; That the tipping fees for Fruit Belt Development be waived for the home that was provided to the Fire Department for Fire Suppression Training; That staff prepare a report regarding the traffic problems associated with the valet parking lot on Robinson Street; -6- That as part of the report regarding the parking problems at Murray Street and Drummond Road, staff also review the encroachment agreement for the patio on Drummond Road to be presented at the next Council meeting. The motion Carded with Alderman Feren abstaining from the vote on a conflict of interest on Report BBS-2000-18; Alderman Volpatti abstaining from the vote on a conflict of interest on Report BBS-2000-19; Alderman Puttick voting contrary to the motion on Report R-2000- 76 and with all others voting in favour. See By-law No. 2000-254 RA TIFICA TION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken in Corporate Services Committee, earlier this evening be approved: Adoption of the minutes of the October 30~h, 2000 Corporate Services Committee meeting; 2001 Funding Requests - that the requests from the GNGH Foundation, the Board of Museums, Niagara Falls Humane Society, Project Share and Women's Place of South Niagara be referred to final budget deliberations- Alderman Puttick, Opposed to the 2001 funding Request from thye GNGH Foundation; That local members of the Hospital Board be invited to make a presentation at a future Council Meeting; HR-2000-07- New Corporate Policies - that the policies for Identification/Proximity Cards, Employee Safety and Secudty and Customer Service be endorsed; F-2000-66 - Municipal Accounts that the Municipal Accounts totalling $2,451,802.92 for the period ending November 20~h, 2000 be approved; F-2000-67 - Third Quarter Financial Update - that the Third Quarter Financial Update be received for information; F-2000-68 - Major Receivables Quarterly Report - that the report be received for information; F-2000-69- Cancellation, Reduction or Refund of Taxes under Section 442 and 443 of the Municipal Act - that the report be approved; F-2000-70 - Contracting Water and Sewer Services - that the contracting of water and sewer services be approved: a) solely with the owner of a serviced property when tenants are not resident and b) jointly with the owner of a serviced property, when tenants are resident; 10. R-2000-73 - Proposed Ice Rental, Fee Rental, Meeting Rooms, Public Scaring and Special Events Facility Increases - that a 2.5% increase in User Fee for Arenas, effective May 1, 2001, and an additional 5% increase effective on May 1, 2002, be approved; 11. Request from AMO for Financial Support of O'Connor (Walkerton) Inquiry - that funding in the amount of $1,000 be approved for AMO's participation in the O'Connor (Walkerton) Inquiry; 12. Correspondence from OPAC Re: Property Assessment Notices - that the information be received for information; -7- 13. Military Service for Lost Soldier, Pdvate Victor Howey - that a donation in the amount of $1,000 be approved to assist the Lincoln-Welland Regiment with expenses for the military service for Private Howey; 14. Niagara Distdct Health Council Re: Funding of Mobility Niagara - that the request from the Niagara District Health Council for funding assistance of Mobility Niagara be referred to staff for more detailed financial requirements; New Business: That staff provide a report on the costs to date for Council's support of fundraising events. The motion Carried with Aldermen Volpatti, Craitor, Wing, Orr, Michalczyk and Campbell abstaining from the vote on Report F-2000-66 on conflicts of interest previously noted; Alderman Puttick voting contrary to the motion to the 2001 Funding Request from GNGH Foundation, and with all others voting in favour. See By-law No. 2000-253 See By-law No. 2000-259 PD-2000-f 27- Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-12/2000, 6732 Oakes Drive; Proposed Expansion to the Minolta Tower. The report recommends that Council approve the site plan for the proposed expansion of the Minolta Tower. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carded Unanimously. PD-2000 - 128 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-15/2000, 6740 Oakes Drive; Proposed 30-storey Hotel. The report recommends that Council approve the site plan for a proposed 30-storey hotel at 6740 Oakes Drive. ORDERED on the motion of AIderman Pietrangelo, seconded by AIderman Feren, that the report be received and adopted. The motion Carded with Alderman Volpaffi abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD-2000-130 . Chief Administrative Officer - Re: Roosevelt Draft Plan of Condominium, Owner: Noelle and Kerrie Sinclair. The report recommends the following: That the Roosevelt 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 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 Feren, seconded by Alderman Fisher, that the report be received and adopted. Carded Unanimously. PD-2000-131 - Chief Administrative Officer- Re: Willoughby Drive Draft Plan of Condominium; 8793 & 8801 Willoughby Drive; Agent: K. Group Developments Inc. (David Smith). The report recommends the following: That the Willoughby Drive Draft Plan of Condominium be approved subject to the conditions in the attached Appendix; -8- 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 req~ired 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 Feren, that the report be received and adopted. Carried Unanimously. PD-2000-132 - Chief Administrative Officer - Re: Street Name Change Request, Buchanan Avenue (South of Ferry Street) and Oakes Drive, Proposal "Fallsview Boulevard". The report recommends that Council authorize staff to initiate a public consultation process to consider changing the name of Buchanan Avenue (south of Ferry Street) and Oakes Ddve to "Fallsview Boulevard". - AND - Communication No. 307 - Fallsview B. LA. The communication requests that Council, approve, in principle, the change in street name of Buchanan Avenue, between Ferry Street and Main Street, to "Fallsview Boulevard" and that Council approve, in principle, the change in street name of Oakes Ddve, between Main Street and Livingstone Street to "Fallsview Boulevard. Communication No. 308- Orsinilnns, Arco Restaurants, Red WoodHospitality. The communication requests that Council support the name change. Communication No. 309- Mr. Sherman Zavitz, City of Niagara Falls Official Historian. The communication responds the request of the B.I.A. and provides a brief history of how each of the streets received their name. The City Solicitor provided comments on the public notification process and the time frames involved. ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the matter be referred to the public consultation meetings. Carded Unanimously. Alderman Michalczyk was not ~ ~e meeting at ~ time. PD-2000-134 - Chief Administrative Officer- Re: Amending By-law, Zoning By-law Amendment Application, AM-47/98; Canadian Niagara Hotels Inc. (D. DiCienzo) Southeast Quadrant of Q.E.W. and Mountain Road. The report recommends the following: That Council pass the amending by-law appearing in tonight's agenda which will facilitate the construction of a tourist-oriented welcome centre, restaurant(s), hotel/motel, office building end 24 on-street townhouses; That the applicant be encouraged to proceed with his current site design so that, in the future, the potential will exist to have a free flow of traffic between the proposed development and a similar project on the abutting Bdgis /ancls to the west; That the area land owners be invited to participate in the site Plan Approval process. -9- - AND - Communication No. 310a) - Sullivan, Mahoney. The communication, dated November 10, 2000, requests that the matter be retumed to Council for the purpose of the passage of the zoning by-law dealing with AM-47/98. Communication No. 310b) - Sullivan, Mahoney. The communication attaches a Submission Booklet dealing with the Draft Amendment By-law 2000-242 (Mewbum Road) and Official Plan Amendment No. 30. His Worship Mayor Thomson received indication that Mr. Victor Muratod, Solicitor was in attendance on behalf of the applicant and Mr. Allan Bad)er, Solicitor was in attendance on behalf of Ms. Bdgis; and received a positive response to his request by persons present who were interested in the application. Mr. Muratofi discussed the sedes of events leading up to the rezoning application and was of the opinion that since Council had approved the Bdgis zoning application without the common access being resolved, that the same considerations should be given to his client; he further stated that this was a site plan matter and would be dealt with dudng the site plan process. Mr. Muratod commented that the traffic volume would be much greater if both properties were to access through Mewbum Road but that there was the matter of whether access could safely be accommodated through the standards set by the M. T. 0. and the Engineering Department. In response to questions raised, Mr. Muratod advised that there was no mechanism under the Planning Act that could force individuals to enter into an agreement to develop their properties together in order to produce the best traffic pattern for the area. Mr. Allan Barber provided clarification on the issue of the storm water management studies and the traffic study; commented on the Delcan Traffic Study with regard to restricted access; reduced accessibility;joint access from Mountain Road and joint egress onto Mewbum Road; he referred to Council's options of either deferring the by-law until the traffic issues had been dealt with between the parties through the creation of a cost- sharing agreement; or that Council defer the by-law in order to negotiate and reach a cost- sharing agreement; or that Council pass the by-law with a "Holding" symbol. The Director of Planning and Development advised that the developer had satisfied the conditions and that the next step was the site planning process. He indicated that the Planning Department's position was to recommend a site plan for both of the properties and would ensure that the two developers would be integrated through the site plan process. Mr. Bemard McManus, President, Mount Forest Condominiums expressed concerns with respect to future traffic impacts on the residents in the area and he was of the opinion that both developers should come to an agreement regarding the best alternative to the traffic issue and joint access. Following the discussion, it was ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Ioannoni, that the report be received and adopted. The motion Carded with Aldermen Volpatti and Wing voting contrary to the motion and with all others voting in favour. See By-law No. 2000-150 Alderman Michalczyk returned to the meeting. - 10- PD-2000-135 - Chief Administrative Officer- Re: Application for' Site Plan Approval; SPC.21/2000, 4915 Clifton Hill; Proposed Four-Storey Entertainment/RetaiI Complex. The report recommends that Council approve the site plan for the proposed four-storey entertainment/retail complex at the Sheraton on the Falls Hotel. ORDERED on the motion of Alderman Fisher, seconded by Aldennan Volpatti, that the report be received and adopted. Carded Unanimously. Repo~fromCommi~eetohearma~ersinvolving applications forbodyrubparlour licences. His Worship Mayor Thomson received indication that Mr. Luigi De Lisio, Solicitor, was in attendance on behalf of the applicant Marijana Kovinic and Mr. Michael Jaeger, Solicitor, was in attendance on behalf of the applicant Dejan Kovinic. The City Solicitor stated that there would be no hearing of evidence at this Council meeting; advised that a report on each of the applicants, Marijana Kovinic and Dejan Kovinic was before Council for their consideration and perusal. He indicated that Section 105 of the Municipal Act provided that the committee appointed by by-law to conduct the hearing had been concluded and that a report had been filed. He further indicated that Council could hear the submissions of the two Solicitors for the applicants and make a decision on the matter. Mr. De Lisio advised that an application had been fi/ed in accordance with By-law No. 99-164, dated September 20, 1999 and that his client had appeared before the committee to hear applications for the extension of time whereby the three stages required out of the by-law could be satisfied; he advised that the report before Council had been received late in the day and requested that the matter be deferred in order to allow him to provide Council with the document briefs and book of authorities that had been submitted to the committee. The City Solicitor recommended that if both Solicitors for the applicants were agreeable to undertake publically before Council that they would not raise, in any court, any issue of delay that Council did not deal promptly with this hearing as required by the Municipal Act, that it would be in order to adjourn this matter to the December 11, 2000 Council meeting in order to allow the Solicitors to prepare their submissions. Messrs. De Lisio and Jaeger orally undertook not to raise any issue of delay if an adjournment was granted. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that the matter be deferred to the December 11th, 2000 Council meeting. Carded Unanimously. L-2000-87. Chief Administrative Officer- Re: Establishment If Daylighting Triangle as a Public Highway- Delta Drive. The report recommends that the daylighting triangle, described as Part 3 on Reference Plan No. 59R--10857 be established as a public highway, to form part of Delta Drive. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the report be received and adopted. Carded Unanimously. L-2000-89. Chief Administrative Officer- Re: Proposed Walkway Closing between Brian Crescent and Harriman Street; BIock A, Plan NS 30. The report recommends that area residents not be re-surveyed regarding a request to close the walkway joining Brian Crescent to Hardman Street. -11- His Worship Mayor Thomson received indication that Mr. David Rosa was in attendance to address Council. Mr. Rosa expressed safety concems for the children in the area with respect to litter and broken glass surrounding the walkway; referred to a petition from the residents in the area requesting that the walkway be closed. Following some discussion, it was ORDERED on the motion of AIderman Campbell, seconded by Alderman Feren, that the walkway joining Brian Crescent to Hardman Street be closed. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. The City Solicitor advised that there were approximately 51 residents who had expressed opposition to the closing of the walkway and who had not been notified that this matter would be dealt with at this Council meeting. Following further discussion, on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that the matter be reconsidered. Carded Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the matter be deferred to the New Year. The motion Carded with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. L-2000-90 - Chief Administrative Officer- Re: Authorization to Proceed with Closing of Dock Street, South East of Welland Avenue. The report recommends that staff be authorized to proceed with the closing of that part of Dock Street lying south east of We#and A venue. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carded Unanimously. 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: 2000-249 A by-law to amend By-law No. 96-32, being a by-law to regulate the maintaining of land in a clean and clear condition within the City of Niagara Falls. 2000-250 A by-law to amend By-law No. 79-200, as amended. (Re: AM-47/98, Canadian Niagara Hotels Inc., c/o Dino A. DiCienzo) 2000-251 A by-law to amend By-law No. 98-114, being a by-law to establish fees, rates and charges regarding licences, certificates, publications and other services for the City of Niagara Falls. (Re: Litter Administration Fees) 2000-252 A by-law to establish Part 3 on Reference Plan No. 59R-10857, as a public highway, to be known as and to form part of Delta Drive. 2000-253 A by-law to amend By-law No. 75-20, as amended, being a by-law 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. - 12- 2000-254 A by-law to establish rules and regulations for the City of Niagara Falls Municipal Cemeteries (Corp. Services Cmttee). 2000-255 A by-law to prohibit the sounding of engine whist/es of trains in respect to a certain highway crossing with the City of Niagara Falls. 2000-256 A by-lawto amendBy-lawNo. 79-200, as amended. (Re:AM-31/2000, 6028 Culp Street) 2000-257 A by-law to amend By-law 98-114, being a by-law to reestablish fees, rates and charges regarding licences, certificates, publications and other services for the City of Niagara Falls (Re: Ice Rental Rates and Special Event Rental) 2000-258 A by-law to amend By-law No. 79-200, as amended. (Re: AM-33/2000, Beechwood Rd., Anne Marie Bouwman, Daniel Bouwman and Jacqueline Bumiul) 2000-259 A by-law to authorize monies for General Purposes (November 20, 2000) The motion Carded with Aldermen Campbell, Craitor, Michalczyl~; Orr, Wing, Volpatti abstaining from the vote on By-law No. 2000-259 on conflicts of interest previously noted; and Alderman Wing abstaining from the vote on By-law No. 2000-256 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of AIderman Pietrangelo, seconded by AIderman Feren, that the by-laws be now read a second and third time: 2000-249 A by-law to amend By-law No. 96-32, being a by-law to regulate the maintaining of land in a clean and clear condition within the City of Niagara Falls. 2000-250 A by-law to amend By-law No. 79-200, as amended. (Re: AM-47/98, Canadian Niagara Hotels Inc., c/o Dino A. DiCienzo) 2000-251 A by-law to amend By-law No. 98-114, being a by-law to establish fees, rates and charges regarding licences, certificates, publications and other services for the City of Niagara Falls. (Re: Litter Administration Fees) 2000-252 A by-law to establish Part 3 on Reference Plan No. 59R-10857, as a public highway, to be known as and to form part of Delta Drive. 2000-253 A by-law to amend By-law No. 75-20, as amended, being a by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and forthe imposition and collection of water rates. 2000-254 A by-law to establish rules and regulations for the City of Niagara Falls Municipal Cemeteries 2000-255 A by-law to prohibit the sounding of engine whistles of trains in respect to a certain highway crossing with the City of Niagara Falls. 2000-256 A by-law to amend By-law No. 79-200, as amended. (Re: AM-31/2000, 6028 Culp Street) -13- 2000-257 A by-law to amend By-law 98-114, being a by-law to reestablish fees, rates and charges regarding licences, certificates, publications and other services for the City of Niagara Falls (Re: Ice Rental Rates and Special Event Rental) 2000-258 A by-law to amend By-law No. 79-200, as amended. (Re: AM-33/2000, Beechwood Rd., Anne Marie Bouwman, Daniel Bouwman and Jacqueline Burciul) 2000-259 A by-law to authorize monies for General Purposes (November 20, 2000) The motion Carried with Aldermen Campbell, Craitor, Michalczyk, Orr, Wing, Volpatti abstaining from the vote on By-law No. 2000-259 on conflicts of interest previously noted; Alderman Wing abstaining from the vote on By-law No. 2000-256 on a conflict of interest previously noted and with all others voting in favour. NEW BUSINESS Farewell to Alderman Janvary-Pool and Alderman Michalczyk His Worship Mayor Thomson indicated that this was the last Council meeting of the regular Council members. He recognized AIderman Paisley Janvary-Pool and AIderman Ed Michalczyk for their committed contributions to the community and provided tokens of appreciation to both. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by AIderman Fisher, that Paisley Janvary-Pool remain as a citizen representative on the Disability Advisory Committee. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Fisher, seconded by AIderman Feren, that the Constitution be amended to allow Paisley Janvary- Pool to remain on as Chair of the Sports Wall of Fame Committee. Ca~ed Unanimously. Santa Claus Parade Alderman Ed Michalczyk provided an update on the very successful Santa Claus Parade. He advised that Brinks had solicited coupons on behalf of Wa/Mart during the Santa Claus Parade to be distributed to organizations such as Nova House or Family & Children's Services (FACS) within the community. Inauqural Ceremonies His Worship Mayor Thomson advised that the Inaugural ceremonies would be held on Monday, December 4, 2000 in Council Chambers. 14- ORDERED on the motion of AIden~nan Janvary-Pool, seconded by AIderman Michalczyk, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, WAYNE THOMSON, MAYOR INAUGURAL MEETING Council Chambers December 4, 2000 In accordance with the provision of The Municipal Act and By-law No. 89-155 of the City of Niagara Falls, the Council met at 4:30 p.m. in Council Chambers. The City Clerk called the 2000 Inaugural Meeting of Council to order. The Council included His Worship Mayor Wayne Thomson, and Aldermen Wayne Campbell, Klm Craitor, Art Fedemw, Ken Feren, Shirley Fisher, Gary Hendershot, Camlynn Ioannoni, Judy Orr, Victor Pietrangelo, Norman Puttick, Selina Volpatti and Janice Wing. All members of Council, were present. Reverend John James offered the Prayer of Invocation. The City Clerk called upon His Honour Judge Wallace to administer the Oath of Office to Wayne Thomson and the Aldermen. City Clerk. The Statutory Declarations of Office and Qualifications were filed with the Resolution No. 26 - Moved by Alderman Pietrangelo, seconded by Alderman Campbell, to Resolve that the Council of the Corporation of the City of Niagara Falls express its thanks Piper, Mr. John Grey for his participation in the Inaugural ceremonies. Carded Unanimously. Resolution No. 27- Moved by Alderman Volpatti, seconded by Alderman Orr, to Resolve that the Council of the Corporation of the City of Niagara Falls express its thanks to Ms. Ashley Gallardi for her participation in the Inaugural ceremonies and the singing of 0 Canada. Carded Unanimously. Resolution No. 28 - Moved by Alderman Fisher, seconded by Alderman Hendershot, to Resolve that the Council of the Corporation of the City of Niagara Falls express its thanks to the Sergeant-at Arms, John Brethefick, the Veterans Colour Guard and Cadets for their participation in the Inaugural ceremonies. Carded Unanimously. Resolution No. 29 - Moved by Alderman Puttick, seconded by Alderman Wing, to Resolve that the Council of the Corporation of the City of Niagara Falls express its thanks to Reverend John James for his offedng of the Preyer of Invocation for the 2001-2003 Council. Carded Unanimously. Resolution No. 30 - Moved by Alderman Campbell, seconded by Alderman Fisher, to Resolve that the Council of the Corporation of the City of Niagara Falls express its thanks to His Honour, Judge Donald Wallace for presiding over the Declaration of Office and the Oath of Allegiance ceremony at this Inaugural meeting. Carded Unanimously. -2- His Worship Mayor Thomson expressed his thanks and appreciation to ali the participants and to the citizens of Niagara Fails for their attendence and support and introduced the new members of Council. Mayor Thomson recognized former AIdermen Paisley Janvary-Pool, Ed Michalczyk and Pat Cummings for their contributions to the community; and stated that arrangements for naming a park in honour of former Alderman Pat Cummings were underway. He expressed his appreciation to the City Manager and Chief Administrative Officer, Edward Lustig and City staff for all their support over the past nine years. His Worship Mayor Thomson provided the names of the 2001-2003 Council appointees to the following Committees: Corporate Services Committee: Alderman Wayne Campbell - Chair Alderman Se/ina Volpatti - Vice-Chair Community Services Committee: Alderman Victor Pietrangelo - Chair Alderman Norm Puttick - Vice-Chair Parkin.q & Traffic Committee: Alderman Kim Craitor - Chair Civic Committee: Alderman Gary Hendershot Alderman Shirley Fisher - Co-Chairs Niagara Falls Illumination Committee Casino Committee Beautification Committee Gaming Committee (Lotte~ & Bingo) Alderman Norm Puttick - Chair His Worship Mayor Thomson congratulated all the appointees to the Committees and provided the highlights over the past three years which included a 0% increase in taxes; the incorporation of the Niagara Falls Hydro and the City along with a savings of $250,000 by having the hydro taking over the water, sewer and electric billings; he referred to the final completion of water meters installat~on in the City; the continuation of the sewer programs to address basement flooding and combined sewer overflows; negotiations with the Niagara District School Board has resulted in utilizing the Niagara Falls Secondary School for Niagara Concerts; referred' to the construction of the Millennium Clock and of the establishment of a New Business Self Help Office at City Hall. He advised that the Robert Street corddor in partnership with the Province and the Niagara Parks Commission would be a gateway to our tourism community and that the partnership, with~Metrus Properties Limited was a great opportunity for economic development in our community. Mayor Thomson referred to the financial challenges to the municipality due to Provincial cutbacks of grants; the closure of our landfill site; and meeting new Provincial standards for water distribution; he discussed road, water and sewer construction for the new casino and working with FMC to obtain either an amphitheatre or a multi-purpose facility for the community;' referred to the acquisition of the rail line and the inclusion of a People Mover System in the community. Following Mayor Thomson's address, Monsignor Fenando offered the Closing Prayer. Resolution No, 31 - Moved by Alderman Volpatti, seconded by Alderman Pietrangelo, to Resolve that the Council of the Corporation of the City of Niagara Falls express its thanks to Monsignor Ferrando for his blessing bestowed on His Worship Mayor Thomson and members of Municipal Council. Carried Unan~'rnousl¥. -3- Mayor Thomson requested that the following by-law be dealt with due to certain time constraints on the matter. BY-LAW ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that leave be granted to introduce the following by-law, and the by-law be read a first time: 2000-160 A by-law to authorize the execution of an agreement with Chippawa Lions Club Incorporated with respect to leasing certain lands and premises. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by AIderman Volpatti, that the by-law be now read a second and third time: 2000-~60 A by-law to authorize the execution of an agreement with Chippawa Lions Club Incorporated with respect to leasing certain lands and premises. Carded Unanimously. Resolution No. 32 - Moved by Alderman Orr, seconded by Alderman Craitor, that the Inaugural meeting of the Council of the Corporation of the City of Niagara Falls be adjourned. Carded Unanimously. READ AND ADOPTED, T~NENTY-SEVENTH MEETING COMMITTEE-OF-THE-WHOLE Council met on Monday, December 11, 2000 at Committee Room #2 December 11, 2000 6:15 p.m. in Committee-of-the Whole. All members of Council, were present. Alderman Judy Orr presided as Chairman. Following consideration of the items presented, the Committee-of-the-Whole rose to report in open session. READANDADOPTED, E C WAGG, CITY CL PLANNING MEETING Council Chambers December 11, 2000 Council met on Monday, December 11, 2000 at 7:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Selina Volpatti offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Janice Wing indicated a pecuniary interest on Report F-2000-71, Cheque Nos. 255902; 256004; 255592; 256163; 255961; 256180; 255598 and 255707, and on Report R-2000-78, because she is an officer of the organization associated with the project. Alderman Shidey Fisher indicated a pecuniary interest on Report F-2000-71, Cheque No. 255997 because a family member is involved with Niagara Falls Tourism. Alderman Selina Volpatti indicated a pecuniary interest regarding a discussion in Corporate Services Committee because a family member is involved with the adult baseball group. Alderman Klm Craitor indicated a pecuniary interest on Report F-2000-71, Cheque Nos. 255926; 256110; 256023; 255720; 256198 and M931129, because a member of his family is employed by the Region. -2- PLANNING MATTERS PD-2000-137 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-39/2000, Nancy McKinnon; Legalize Four-Unit Dwelling. The report recommends the following: That Council approve the Zoning By-law amendment application to legalize the existing use of the dwelling for four dwelling units; That the applicant be required to pay for the construction of flJture sidewalks along Church's Lane and StanleyAvenue, provide the required number of parking spaces, and dedicate the required road widening strips and daylighting triangle to the appropriate road authorities through the Site Plan Approval process. - AND - Communication No. 311 - Canadian National Railway - Re: Proposed Zoning By-law Amendment; 2907 Stanley Avenue. The communication comments that the owner is required to insert a warning clause in all development agreements, offers to purchase, agreements of Purchase and Sale or Lease and include in a Noise Impact Statement - AND - Communication No. 312- Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the 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 the Regulations on November 10, 2000. His Worship Mayor Thomson received indication that the applicant, Ms. Nancy McKinnon 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 Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; and the Public Notification Process; he stated that the construction of sidewalks, the provision of adequate parking spaces and the dedication of the required road widening stdps and daylighting triangle would be addressed through the site plan process and advised staff were 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 in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-39/2000, closed. -3- ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Aldermen Ioannoni and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD-2000-138 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-41/2000, The Great Lakes Companies Inc., cio Thomas W. Sather; 3950, 4032 and East Side of Victoria Avenue and 4691 and North Side of Leader Lane; Great Lodge Resort. The report recommends the following: That Council approve the Zoning By-law amendment application to permit the construction of a 5-storey, 402 unit hotel including an indoor water park, outdoor swimming pool, restaurant, gift shop and arcade; That Council pass the related amending by-law which is included in Council's agenda. - AND - Communication No. 313 - Stuart Hayter. The communication expresses noise and traffic concerns and indicates that the proposed development would devalue his and surrounding properties. - AND - Communication No. 314- Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application subject to addressing any affected Provincial planning interests through the site plan review and subject to the requirements of the Regional Public Works Department. - AND - Communication No. 315 - Regional Niagara, Regional Public Works Department. The communication provides comments with respect to the sewage flows from the subject property. His Worship Mayor T. homson 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 the Regulations on November 10, 2000. His Worship Mayor Thomson received indication that Mr. Bill Amadio, 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 futura Ontario Municipal Board hearing. -4- The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; the Public Notification Process and the Planning Review; stated that the zoning and land uses were appropriate, and that staff were recommending approval of the application. In response to questions raised, the Director of Planning and Development advised that the noise impact assessment and storm water management plan would be dealt with at the site planning 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. Bill Amadio advised that he was in agreement with staff's recommendation report and that the proposal was a significant redevelopment opportunity and that the project fit into the Official Plan concept and the Whirlpool area; he provided a brief overview of the proposed development and advised that the northern lodge design theme complemented the undertaking of the Niagara Parks Commission and urged Council to support the application. The Director of Municipal Works advised that no consideration has been given for the continuation of Thorold Stone Road since the Traffic Master Plan indicated that the traffic generated did not warrant an extension of Thorold Stone Road. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-41/2000, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the correspondence be received and filed. Carded Unanimously. See By-law No. 2000-266 PD-2000-139 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-38/2000, 4761 Zimmerman Avenue; Proposed Bed and Breakfast Use. The report recommends the following: That Council approve the proposal for a threee-mom bed and breakfast use at 4761 Zimmerman Avenue; That the amending by-law change the zoning of the subject lands from Deferred Commercial (DC) to Residential Single and Two Family (R2-.2) - AND - Communication No. 316 - Parish Council of Christ Church. The communication advises as having no objection to the establishment of bed and breakfast, provided there is adequate parking for their guests on the property. - AND - Communication No. 317 - M.C. Excavating. The communication advises as having no objections to the application. -5- - AND - Communication No. 318 -Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the 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 the Regulations on November 10, 2000. 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 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; the Public Notification Process and the Planning Review; he advised that the proposal was close to tourist areas; has good access; that it is compatible withe the residential environment; that parking can be accommodated and that a Bed and Breakfast establishment would be a nice complement to the area and advised that staff were 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 in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-38/2000, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimouslv. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD-2000-142 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-36/2000, Peter J. Lesdow c/o Andrew Cserpes West Side of Stanley Avenue through to Main Street Site of the Fallsview Motor Inn. The report recommends that Council approve the Zoning By-law amendment application to permit the construction of a 23 metre tall building containing a mechanical amusement ride (Freefall Simulator) and that the amending by-law include a provision in accordance with TADS requiring a 6 m landscaped setback from the street lines to screen parked vehicles. - AND - Communication No. 319 - The Regional Niagara, Public Works Department. The communication advises as having no objection to the zoning by-law amendment and provides comments on the Regional Road Allowance; Servicing; Access and Drainage; Regional Permit Requirements and Survey Evidence. -6- - AND - Communication No. 320 - National Defense, The Canadian Parachute Centre. The communication advises of using the proposed wind tunnel for parachute training. - AND - Communication No. 321 - Regional Niagara- Planning and Development Department. The communication advises as having no objection to the approval of the 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 the Regulations on November 10, 2000. His Worship Mayor Thomson received indication that Mr. Guy Ungaro, Solicitor, 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 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; The Public Notification Process and the Planning Review; discussed the mechanical amusement ride use and the building height; advised that the proposed development was an appropriate land use; referred to the set back requirements and landscaping buffers and that staff were 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 in opposition to the application. In response to questions raised, the Director of Municipal Works advised that the Region had engaged the services of a Consultant to look at the stretch of road from Lundy's Lane and McLeod Road and of their options on how to reconstruct the road to accommodate all the development that was taking place. He further commented that there should be discussions held with the Region with respect to access being restricted to Main Street only. The Director of Planning and Development advised that bus parking could be addressed through the site plan process. Mr. Ungaro responded to concerns regarding the 17-foot setback from the Region and advised that it would be dealt with at the site plan process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-36/2000, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and filed. Carried Unanimously. -7- ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD-2000-133 - Chief Administrative Officer - Procedures - Removal of Part Lot Control on-Street Townhouse Development. The report recommends that this report be received as information and a copy forwarded to Mr. Ledwez. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received for information and that a copy be forwarded to Mr. Ledwez. Carried Unanimously. PD-2000-143 - Chief Administrative Officer - Public Meeting - Re: Creekside Court Draft Plan of Subdivision: Owner: Mark Dimond. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Creekside Court Draft Plan of Subdivision. His Worship Mayor Thomson 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, following which the Planning & Development Department would consider all comments and prepare a recommendation report to Council at a future meeting. The City Clerk advised that the Notice for the Public Meeting had been given in accordance with the regulations of the Planning Act on November 24, 2000. His Worship Mayor Thomson received indication that the applicant, Mr. Mark Dimond was in attendance. 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. Dimond provided a brief overview of the subdivision proposal; advised this would be a good example of infilling and would provide 5 tax-based lots for the City Mr. Steve Barnett, 4222 Front Street expressed concerns regarding the lack of storm sewers in the area, which cause flooding in the area and that with the additional development, there would be further basement flooding and he enquired whether the storm sewer issue on Front Street would be addressed. The Director of Municipal Works advised that Consultants are in the process of finalizing the design for the Front Street sewer replacement and that depending on the budget, would be implemented in 2001-2002. Mr. Jay Mason, 4230 Front Street advised that he had similar concerns with respect to the lack of storm sewers on Front Street. The Director of Municipal Works responded that as part of the works on Front Street, staff are of the opinion that these are significantly large and deep sewers and that the issue of reconstructing and regrading Front Street would also be looked into. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Creekside Court Draft Plan of Subdivision closed. -8- ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that the matter be referred to staff for review. Carded Unanimously. PD-2000-144. Chief Administrative Officer - Public Meeting - Re: Colangelo Estates Draft Plan of Subdivision; Owner: 586112 Ontario Limited (In Trust). The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Colangelo Estates Draft Plan of Subdivision. - AND - Communication No. 322 - "Friends of the Haulage Road"; cio Clyde Carruthers, 6681 Dellpark Drive. The communication advises as having no objections to the draft plan of subdivision. - AND - Communication No. 323 - Maria Saczkowski and John Saczkowski; 6486 Mountain Road. The communication requests that as part of the consent, that a fence be erected between the properties between Mountain Road and the former Ontario Hydro Haulage Road; and that a drainage plan be prepared in order that run off will not impact their property and farm operations. - AND - Communication No. 324 - Mr. Joseph Marinelli - 6610 Mountain Road. The communication expresses concerns with respect to future neighborhood plans; storm sewers; land elevation and height of proposed development; lot sizes; advised that a 6 foot privacy fence be constructed between the subdivision and his property; the proposed temporary road; road allowance. - AND - Communication No. 325 - Sterling Wood, 6671 Dellpark Drive. The communication advises as having no objection to the revised plan, as long as the; Right of Way is not changed or Dellpark Drive extended. - AND - Communication No. 326 - Chown, Cairns, Solicitors, on behalf of Ferdinando and Lucia Fuoco, residing at 6630 Mountain Road. The communication expresses concerns regarding the small lot size and having only one access to a public road; suggests that if a draft plan of subdivision is to be approved, the developer should be required to provide permanent road access within his own property. - AND - Communication No. 327 - Tini Lisi, 6646 Mountain Road. The communication expresses concerns regarding access to the proposed subdivision and the lot sizes. His Worship Mayor Thomson 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, following which the Planning & Development Department will consider all comments and prepare a recommendation report to Council at a future meeting. The City Clerk advised that the Notice for the Public Meeting had been given in accordance with the regulations of the Planning Act on November ?.4, 2000. His Worship Mayor Thomson received indication that the applicant, Mr. Donato Colangelo was in attendance to address Council. -9- Mr. Colangelo provided a bdef overview of the proposed development situated on the south side of Mountain Road with the lands to the east and west to be developed via a roadway system; he also referred to the northeast Saczkowski lands to be developed in the future along with several alternatives on how these lands could be developed. Ms. Tina Lisi, 6646 Mountain Road expressed concerns on behalf of the residents with respect to road access to the proposed subdivision and provided a bdef background history of the area; she advised that the residents were not interested in developing the rear lands at the present time and stated that the City's Official Plan created 25 years ago had no credit in today's planning issues; she suggested that Council, as a condition of approval, request that the temporary road access be made a permanent road access to the rear lands south of Mountain Road; she referred to the lot sizes and the home sizes of the of the development and requested that a high level of value be maintained; she indicated that the residents were not opposed to the development, but were of the opinion that the developer should gain access via his own lands and requested that the Official Plan be revised before approval is given to permit a piecemeal approach to this area. His Worship Mayor Thomson thanked Ms. Lisi for her presentation and requested that she provide the Clerk with a copy of her submission. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Colangelo Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the matter be referred to staff for review. Carried Unanimously. PD-2000-140 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-41/2000, 5046 Centre Street; Proposed Motel Expansion. The report recommends that council approve the site plan for a proposed motel expansion at 5046 Centre Street. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD-2000-141 - Chief Administrative Officer - Re: Application for Site Plan Approval; SPC-4212000, 5720 Progress Street; Proposed Warehouse Expansion. The report recommends that Council approve the site plan for a proposed warehouse expansion at 5720 Progress Street. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES Alderman Wing requested that the Minutes of November 20, 2000 be amended to reflect her abstaining from the vote on By-law No. 2000-256 on a conflict of interest previously noted. ORDERED on the motion of Alderman Feren, seconded by Alderman Wing, that the Minutes of the Regular Council Meeting of November 20, 2000 be adopted as amended and that the Inaugural Minutes of December 4, 2000 be adopted as pdnted. Carried Unanimously. 10- UNFINISHED BUSINESS Report from the Committee dealing with Dejan Kovinic and Marijana Kovinic Applications for Body Rub Parlour Licences. The matter was deferred to the January 8, 2001 Council meeting at the request of the applicants' Solicitors. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Appointment to the Environmental Planning & Greening Committee His Worship Mayor Thomson advised that Alderman Selina Volpatti had been appointed Chair of the Environmental Planning & Greening Committee, Letters of Appreciation His Worship Mayor Thomson referred to the recent Provincial Government's casino announcement and requested that a letter of appreciation be forwarded to Messrs. Barbaro and Hodgson; M.P.P. Bart Maves and Premier Harris with respect to the finalization of the permanent casino project and requested that a letter of appreciation be forwarded to Shirley Carr and Ev McTaggert for their participation in the Casino campaign. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Voipatti, that a letter of appreciation be forwarded to Messrs. Barbaro and Hodgson; M.P.P. Bart Maves and Premier Harris with respect to the finalization of the permanent casino project. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that a letter be forwarded to Shirley Carr and Ev McTaggert, Chairpersons for the "Yes" Committee in appreciation for their participation in the Casino campaign. Carried Unanimously. Fund Raising for Project Share His Worship Mayor Thomson referred to John Bedard, of North End Towing and to Don Canham of Father & Son Towing, and of their efforts in going to the various supermarkets on their own time as community volunteers with slogans of "No Drinking, No Driving During the Holiday Season" on their towing equipment in order to raise funds and food for Project Share. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that a letter of appreciation be forwarded to John Bedard, North End Towing and Don Canham, Father & Son Towing for all their volunteer efforts in raising funds and food for Project Share. Carried Unanimously. -11 Electricity Retailers His Worship Thomson issued a waming to the community with regard to electricity retailers soliciting in Niagara Falls and going door-to-door in trying to persuade residents in signing 5-year contracts; he discussed the ramifications and costs that could be incurred by signing such contracts and advised that Niagara Falls Hydro was not associated with any such companies. COMMUNICATIONS Communication No. 328 - Ontario March of Dimes - Re: Proclamation. The communication advises that the Mamh of Dimes would be conducting its annual door-to- door campaign and requesting that Council proclaim the month of January, 2001 as "Ontario Mamh of Dimes Month" in the City of Niagara Falls. ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 329 - Regional Niagara, Office of the Regional Clerk - Re: Appointee to The Niagara Voice Radio Joint Board of Management. The communication requests that an elected official be appointed as the City's representative to sit on the Niagara Voice Radio Joint Board of Management. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that Alderman Ioannoni be appointed to the Niagara Voice Radio Joint Board of Management. Carded Unanimously. Communication No. 330 - FX Worx Inc. - Pyrotechnic and Gas Effects - Re: Fireworks Display. The communication requests permission to hold a fireworks display at the Skylon Tower for New Year's Eve. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the request be approved subject to established policy. Carried Unanimously. Communication No. 331 - Mrs. D. Damiano, Chairman, Residents Committee - Re: City File AM-32/2000. The communication comments on the development at 5480 Dunn Street and Ailanthus Avenue. His Worship Mayor Thomson received indication that Mrs. Damiano was in attendance and wished to address Council on the proposed development. Mrs. Damiano referred to the present use of properties abutting and opposite the subject property and suggested that there was no need for market value apartments in this area; referred to the applicant's request of a 50% increase in density and expressed the opinion that if the development was passed, it would set a standard for all future development in Niagara Falls under the R5E rating and requested that the development not be permitted. Following some discussion, it was ORDERED on the motion of Alderman Volpatti seconded by Alderman Ioannoni, that the matter and By-law Nos. 2000-261 and 2000-262 be deferred until the applicant can be in attendance. Carded Unanimously. -12- REPORTS MW-2000-132 - Chief Administrative Officer - Re: Construction of a turn around; Kiss & Ride Program - Riverview School. The report recommends that City of Niagara Falls not construct a turnaround at Riverview School. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, 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. MW-2000-133 - Chief Administrative Officer - Re: Contract 193-2000, Fallsview Tourist Core Area Sanitary Truck Sewer, Phase 1. The report recommends that the unit prices submitted by the Iow tenderer, V. Gibbons Contracting, 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. Carried Unanimously. See By-law No. 2000-262 R-2000-77 - Chief Administrative Officer - Re: Appointment of Town Crier. The report recommends that Derek Tidd be appointed to the position of Town Crier for the City of Niagara Falls for a further 3-year term. ORDERED on the motion of Alderman Fisher, seconded by Alderrnan Ioannoni, that the report be received and adopted and that staff look at the budget to have Mr. Tidd's Honorarium increased. Carded Unanimously. R-2000-78 - Chief Administrative Officer - Interior Restoration of Fralick's Tavern. The report recommends that the City continues to use the services of Jon Jouppien, to complete the interior restoration of Fralick's Tavern. ORDERED on the motion of Alderman , seconded by Alderman , that the report be received and adopted. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. CS-2000-08 - Chief Administrative Officer - Re' Granite Star Inlays Falls Avenue and Clifton Hill. The report recommends that the City of Niagara Falls and Canadian Niagara Hotels Inc. enter into an agreement to allow the Granite star Inlays to remain. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONR ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the actions taken in Corporate Services Committee, eadier this evening be approved: 1. Adoption of the Minutes of Corporate Services Committee; That the 2001 Funding Requests from the Niagara Falls Public Library, Niagara Transit, Niagara Chair-A-Van and Niagara Falls Tourism be referred to final budget deliberations; That a fare increase of 20 cents be approved for Niagara Transit Adult, Student and Senior fares and that the pumhase of two new transit coaches, including air- conditioning, be approved at a cost of $799,000; That dma Planning & Management Services be retained to carry out the organizational review of the City's two Museums at a cost of $20,000; -13- That the acquisition of Canon digital photocopiers from the Iow bidder, Beatties Basics, be approved; That the municipal accounts totalling $3,490,554.88 for the period ending December 11,2000, be approved - Aldermen Wing, Craitor and Volpatti, conflicts of interest; That staff prepare a policy and budget for the management of requests for grants or donations that are less than $1,000; That the 2001 Comprehensive Insurance Program from Frank Cowan Co. be approved at an annual premium of $373,088 plus applicable taxes; and that optional coverage be approved for Environmental Liability at an additional annual premium of $10,820 and for Liability Limits with respect to Municipal Liability, Errors & Omissions, Non-Owned automobile and Owned Automobile at an additional annual premium of $13,000; That the proposed use-based billing structure be adopted for determining water/sewer utility rates and that the proposed use-based billing structure be applied to the 2000 Budget expenditures to set rates for the new Water By-law; 10. That the Updated Water By-law be adopted; 11. That a grant of $1,000 be approved to assist the Chip-A-Ways SIo-Pitch Team with expenses for the National Championships to be held in Saskatoon; 12. That staff investigate a family rate for public skating in the arenas. The motion Carried with Aldermen Craitor, Fisher and Volpatti abstaining from the vote on Report F-2000-71 on conflicts of interest previously noted and with all others voting in favour. See By-law No. 2000-268 See By-law No. 2000-270 CD-2000-27 - Chief Administrative Officer - Re: 2001 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 2001. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 2000-265 CD-2000-29, Chief Administrative Officer- Re: 2000 Municipal Election Question. The report recommends that the information contained in this report be received for the information of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received for information of Council. Carried Unanimously. CD-2000-30 - Chief Administrative Officer - Re: Appointments to Boards, Commissions and Committees. The report recommends that Council select appointees to serve for various terms on Boards, Commissions and Committees and that the appointments be confirmed by the By-law to be passed at this meeting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be deferred to the January 8, 2001 Council meeting and to advertise for those committees that are short. Carried Unanimously. - 14- L-2000-91 - Chief Administrative Officer - Re: Declare Surplus and Disposal of Portion of Closed Laneway Running Parallel to Broughton Avenue between Buttrey Street and Ferguson Street; Part 3 on Reference Plan No. 59R-10928. The report recommends the following: That, the portion of the laneway running parallel to Broughton Avenue between Buttrey Street and Ferguson Street, described as part 3 on Reference Plan No. 59R-10928, be declared surplus to the City's needs, subject to its closing by Judge's Order. That notice to the public declaring the said land surplus and of the City's intention to convey the said land to Niagara Bronze Limited, be waived; 3. That, subject to its closing by Judge's Order, the said land be conveyed to Niagara Bronze Limited for nominal consideration, together with any costs, provided the purchaser execute a final release in favour of the City with respect to any soil contamination. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carded Unanimously See By-law No. 2000-263 See By-law No. 2000-264 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: 2000-261 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Limited Parking) 2000-262 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. Respecting Fallsview Tourist Core Area Sanitary Trunk Sewer Phase I - River Road from Clifton Hill to Bender Street. 2000-263 A by-law to declare surplus part of a laneway between Lots 182 to 184 and 209 to 211 on Plan No. 997, designated as Part 3 on Reference Plan No. 59R-10928, subject to a Judge's Order closing th(; said portion of the laneway, and to waive notice to the public of the said land being declared surplus and of a proposed sale of the said land. (Re: Report L-2000-91) 2000-264 A by-law to authorize the conveyance to Niagara Bronze Limited of part of a laneway on Plan No. 997, designated as part 3 on Reference Plan No. 59R-10928, for nominal consideration, plus costs, provided the said Part 3 is closed by Judge's Order and provided the purchaser execute a final release in favour of the City with respect to soil contamination. (Re: Report L-2000-91 ) 2000-266 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2000~66 A by-law to amend by-law No. 79-200, as amended. (Re: AM-41/2000, The Great Lakes Companies Inc.) 2000-267 A by-law to amend by-law No. 2000-199, being a by-law to establish a Committee of the Council to hear certain matters involving applications for body-rub parlour licences. -1,5- 2000-268 A by-law 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. 2000-269 A by-law to amend By-law No. 2000-97, being a by-law to transfer the employees, assets, liabilities, right and obligations of the Niagara Falls Hydro Electric Commission and of the Corporation of the City of Niagara Falls to a corporation. 2000-270 A by-law to authorize monies for General Purposes (December 11, 2000). The motion Carried with Aldermen Craitor, Fisher and Wing abstaining from the vote on By-law No. 2000-270 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the by-laws be now read a second and third time: 2000-261 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Limited Parking) 2000-262 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. Respecting Fallsview Tourist Core Area Sanitary Trunk Sewer Phase I - River Road from Clifton Hill to Bender Street. 2000-263 A by-law to declare surplus part of a laneway between Lots 182 to 184 and 209 to 211 on Plan No. 997, designated as Part 3 on Reference Plan No. 59R-10928, subject to a Judge's Order closing the said portion of the laneway, and to waive notice to the public of the said land being declared surplus and of a proposed sale of the said land. (Re: Report L-2000-91) 2000-264 A by-law to authorize the conveyance to Niagara Bronze Limited of part of a laneway on Plan No. 997, designated as part 3 on Reference Plan No. 59R-10928, for nominal consideration, plus costs, provided the said Part 3 is closed by Judge's Order and provided the purchaser execute a final release in favour of the City with respect to soil contamination. (Re: Report L-2000-91 ) 2000-265 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2000-266 A by-law to amend by-law No. 79-200, as amended. (Re: AM-41/2000, The Great Lakes Companies Inc.) 2000~67 A by-law to amend by-law No. 2000-199, being a by-law to establish a Committee of the Council to hear certain matters involving applications for body-rub parlour licences. 2000-268 A by-law 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. 2000~69 A by-law to amend By-law No. 2000-97, being a by-law to transfer the employees, assets, liabilities, right and obligations of the Niagara Falls Hydro Electdc Commission and of the Corporation of the City of Niagara Falls to a corporation. 16- 2000.270 A by-law to authorize monies for General Purposes (December 11,2000). The motion Carried with Aldermen Craitor, Fisher and Wing abstaining from the vote on By-law No. 2000-270 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carded Unanimously. READANDADOPTED, WAYNE THOMSON, MAYOR