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2001/08/13TWENTIETH MEETING PLANNING MEETING Council Chambers August 13, 2001 Council met on Monday, August 13, 2001 at 6:00 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; and Aldermen Federow and Feren, were present. His Worship Mayor Thomson offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell indicated a pecuniary interest on Communication No. 161, Ontario Teachers' Federation, because he is employed by the District School Board of Niagara. Alderman Craitor indicated a pecuniary interest on Report F- 2001 -55, Cheque Nos. 261359; M932280;261240; 261091;261495; M93286;261263; 261544; 261415; 261437; and M93293 because a member of his family is employed by the Region. Alderman Fisher indicated a pecuniary interest on Report PD- 2001 -68, dealing with the Willoughby land study because she resides in the area. Alderman loannoni indicated a pecuniary interest on Report F- 2001 -55, Cheque Nos. 261413 and 261074, because she is an officer of the organization. Alderman Pietrangelo indicated a pecuniary interest on Communication No. 161, Ontario Teachers' Federation, because he is employed by the Niagara Catholic District School Board. Alderman Volpatti indicated a pecuniary interest with respect to the matter from Corporate Services Committee dealing with the request from Club Italia because a family member is associated with the organization. Alderman Wing indicated a pecuniary interest on Report F- 2001 -55, Cheque Nos. 261485; M93283; 261090; 261239; 261411; 261429; 261093; 261455 and on Report R- 2001 -37 from Corporate Services Committee because she is an officer of the organization involved. Prior to dealing with Planning matters, His Worship Mayor Thomson referred to correspondence received on behalf of the application, requesting that Report PD- 2001 -70, Official Plan and Zoning By -law Amendment Application AM- 11/2001 be deferred to a future date. Physician Recruitment Niagara Community Foundation 2 DEPUTATIONS Mr. John Carter, Chair, Physician Resources Planning, Task Force, introduced Ms. Jenny Simpson, Physician Recruitment and Retention Coordinator, and recognized Dr. Robin Williams, Vice Chair of the Physicians Committee. Mr. Carter, through the use of slides, advised that the purpose was to inform Council of the status of the physicians recruitment; define the factors critical to successful recruitment in the future and to outline the strategy to address the factors within our control; he referred to the shortage of family physicians and specialists; an aging population and aging physicians; reviewed the critical success factors; the actions to date and referred to the solutions and logistics of the recruitment strategy. Mr. Carter requested Council approve the proposed strategy and thanked members of Council for their support. During the discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that Council supports a resolution from the Corporation of the Township of West Grey requesting that the government of Ontario take immediate action both administratively and fiscally to resolve the medical care practitioner shortage in Ontario. Carried Unanimously. His Worship Mayor Thomson thanked Mr. Carter and Ms. Simpson for their presentation and assured them of Council's support. Mr. Eugene Oatley, Niagara Community Foundation provided a brief synopsis of the history of the Niagara Community Foundation; reviewed the Vision and Mission Statement of the Foundation; referred to the building of permanently endowed charitable funds for the changing needs and opportunities of the community, making grants, and providing leadership that contribute to the health and vitality of the community. Ms. Liz Palmieri, provided background information on the creation of community endowment funds; referred to the establishment of the 2001 grants program and thanked members of Council and the community for their support. His Worship Mayor Thomson thanked Mr. Oatley and Ms. Liz Palmieri, for their presentation and great initiative. Regional Smoke -free Public Place By -law Mr. Chris McQueen, Supervisor, Tobacco Programs, introduced Dr. Robin Williams, Medical Officer of Health who provided background information and commended Council on their initiative to the Public Places By -law; discussed the harmful effects of tobacco smoke on the youth in our community, persons with chronic health conditions, individuals that work in service industries; and appealed to Council's leadership and initiative for the implementation of a 100% smoke -free public places and workplaces by -law. Mr. Chris McQueen provided information on the following topics: Smoking Rates; The Background of Smoke -Free Niagara; the issue of Environmental Tobacco Smoke (ETS) and Research on ETS; the Existing Tobacco Control Legislation; the Proposal for Strengthening the Regional Smoke -free By -law and the Research on Smoke -free Legislation. 3 Mr. McQueen reviewed the recommendations of the Public Health Department which provides the suggested plan for implementation of a 100% smoke -free public places and workplaces by -law Mr. Lou Innocennte, on behalf of Delta Bingo Bingo Country, expressed his concerns on the effects of smoking and second hand smoke; provided a brief overview of the operations of the two bingo halls and advised that both halls had a comprehensive maintenance program in place for their air exchange system; he referred to options such as designated smoking rooms with separate ventilation systems and that to implement such an environment was costly; he suggested that a phase -in period of three years be implemented and that if these options were not feasible, that the status quo remain. Alderman Craitor referred to correspondence received from St. Patrick's Church, requesting that the smoke -free by -law be reviewed to provide exemptions where no one under the age of 18 was permitted to participate in bingo events and that segregated smoking and smoke -free zones be looked into along with the inclusion of air quality standards in smoking areas. Mr. Jim Wells, John Howard Society, advised Council this was a difficult climate in which to raise money for charitable events and suggested that bingo hall owners, charities and medical professionals come together to address their concerns and develop a public health strategy. Following the discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that a separate public meeting be requested to deal with the issue of smoke -free public places in Niagara Falls. Carried Unanimously. His Worship Mayor Thomson thanked all the individuals who participated in the discussion. PLANNING MATTERS PD- 2001 -68 Chief Administrative Officer General Amendment to Zoning By -law No. 79 -200, AM- 18/2001, All Lands North of Welland River, plus Chippawa; Applicant: Amendments Initiated by the City. The report recommends that Council approve the amendments noted in this report being initiated by staff to update Zoning By -law No. 79- 200. -AND Communication No. 144 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the intended modifications. 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 publication in the Niagara Falls Review on July 14, 2001. 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. 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 Planning Review; and the Public Notification Process. He advised that a number of amendments to the text of the City's Zoning By -law No. 79 -200, were being brought forward by staff for Council's consideration and that there were two amendments and a by -law over a number of years that had not accommodated certain uses and therefore the modifications. 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 Planning and Development advised that the intent of the modifications were for a business to have an outside occasional tent and to allow a temporary facility on the existing property, not a permanent structure. He further advised that clarification with respect to "intent" would be provided to members of Council when the by -law was introduced for adoption. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 18/2001, closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -64 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 19/2001, 5200 Dorchester Road; Applicant: Falls Masonry c/o William Slovak; Proposal: Boundary Adjustment. The report recommends that Council approve the Zoning By -law amendment application for 5200 Dorchester Road that will affect a boundary adjustment and resultant zoning changes to the townhouse development and pass the related amending by -laws on this evening's agenda. -AND Communication No. 145 Regional Niagara, Planning Development Department. The communication advises as not being opposed to 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 Public Meeting had been given in accordance with the Regulations by prepaid first class mail on July 23, 2001. His Worship Mayor Thomson received indication that Mr. William Slovak, Solicitor, who 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. 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. 5 His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 19/2001, closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2001 -169 See By -law No. 2001 -171 PD- 2001 -65 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 17/2001, 4248 Huron Street; Applicant: Ana Kolesar: Proposal: Bed Breakfast. The report recommends that Council approve the Zoning By -law Amendment application to permit the detached dwelling at 4248 Huron Street to be used as a bed and breakfast. -AND Communication No. 146 Regional Niagara, Planning Development Department. The communication advises as having no objections to the proposed amendment. -AND Communication No. 147 M.C. Excavating. The communication advises as having no objection to the Zoning By -law. 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 July 13, 2001. His Worship Mayor Thomson received indication that the applicant, Ms. Ana Kolesar, 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. 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- 19/2001, closed. 6 ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -66 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 16/2001, 1948 Stanley Avenue; Applicant: Peninsula Towing c/o Sherry Wilding; Proposal: Vehicle Storage Compound. The report recommends the following: That Council approve the Zoning By -law amendment application to permit a vehicle storage compound to be established at 1948 Stanley Avenue subject to the satisfaction of the following conditions: 1) that the amending by -law include landscaping provisions that require a 30 -foot landscape strip along Stanley Avenue and 20 -foot landscape strips along all other property lines; 2) that a site plan agreement satisfactorily addressing the landscape concerns noted in this report be entered into with the applicant prior to the passing of the amending by -law. -AND Communication No. 148 Regional Niagara, Planning and Development Department. The communication advises that Planning staff do not oppose the 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 prepaid first class mail on July 13, 2001. 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. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 16/2001, 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 correspondence be received and filed. Carried Unanimously. 7 PD- 2001 -72 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 14/2001, 6395 Garner Road; Applicants: Frank Elizabeth Liefl; Agent: Gary Cook Associates. The report recommends that Council approve the requested amendment to the Zoning By -law to allow reductions to the lot area and lot frontage of Part 1, and the sideyard setbacks of the existing structures on Part 1 and Part 2; and also to preclude the use of the existing barn on Part 2 for livestock. -AND Communication No. 149 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the Zoning By -law amendment 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 prepaid first class mail on July 13, 2001. His Worship Mayor Thomson received indication that Mr. Gary Cook, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Cook reviewed the proposal and advised that the application was to connect the zoning by -law requirements with what had been approved by the Committee of Adjustment and to allow a barn on the property to be utilized by the golf course. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 14/2001, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -69 Chief Administrative Officer Re: Official Plan Amendment AM -1/99; Heartland Forest; Resort Commercial Development. The report recommends that Council approve the Official Plan Amendment, in principle, subject to the inclusion of special policies in the amendment document to address matters outlined in this report. -AND Communication No. 150 Thomson Rogers, Barristers and Solicitors. The communication advises as being solicitors for Cytec Canada Inc., and requests a buffer of approximately 2.0 km from the existing phosphine tanks located on the Cytec property. 8 AND Communication No. 151a) Regional Niagara, Engineering Planning and Development. The communication provides comments with respect to the sanitary system; water supply and regional roadways; AND Communication No. 151b) Regional Public Works Department. The communication advises as having no objections to the intended land use, provided that their concerns are adequately resolved; AND Communication No. 151c) Regional Planning and Development Department. The communication provides comments on the proposed resort; AND Communication No. 151d) Regional Planning and Development Department, Supplementary Comments. The communication confirms that both Thompson Creek and its tributary which cross the Heartland site have been identified by the Ministry of Natural Resources as a Provincially Significant Wetland. AND Communication No. 152 Ministry of Transportation. The communication advises as having no objections to the application, but advises that due to a development of this magnitude would likely impact on the QEW interchange operations at both McLeod Road and Lyon's Creek Road and that the applicant be advised that an MTO Building Land Use permit is required prior to site grading and construction and that the owner submit a traffic impact study for MTO review and approval prior to permit issuance. AND Communication No. 153 Ministry of the Environment. The communication provides comments with regard to the proximity of the proposed complex to a number of sources of air emissions and the attempts to analyze the effect of the various air emissions. 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 publication in the Niagara Falls Review on July 14, 2001 and by prepaid first class mail on July 13, 2001. His Worship Mayor Thomson received indication that Mr. Dan Bowman, the applicant, Mr. Rick Brady, Consultant and Mr. Tom Richardson, Solicitor, were in attendance; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; and the Public Notification Process. He advised that the intent of the application was to change the designation from Industrial to a Resort Commercial designation; he advised that proper buffering and separation distances from the Cytec Industries operation had been agreed upon and would be incorporated into the amendment; 9 advised that review and approval of odour, noise, traffic and air emission studies would be looked at more closely during the site planning process and that staff were recommending approval, in principle, and indicated that before zoning could be approved, staff would work with the proponent to address the concerns listed on page 8 of the Recommendation Report. His Worship Mayor Thomson received indication that Mr. Eric Bowman, Special Assistant to Mr. Tim Hudak, Minister of Tourism, Culture and Recreation was in attendance and was interested in the application. Mr. Dan Bowman provided background information on proposed development; and requested Council approval of the overall development concept. Mr. Rick Brady, Consultant advised that the proposal had been developed by a team of experts; stated that a number of studies had been requested and that there were a number of resources to complete those studies; he requested that Council approve the proposal and that he looked forward to the construction of the development. In response to questions raised, the Executive Director of Corporate Services advised that only a part of this development would be exempt from taxation or assessment, which was a chapel for small services and that the rest of the development would be taxable. His Worship Mayor Thomson advised that all present were reminded that failure to make oral or written submissions on the application may result in the Ontario Municipal Board dismissing any possible appeal should one be placed with the Board, if the appellant failed to provide Council, at this public meeting with an oral or written comment and declared the Public Meeting with regard to Application AM- 1/2001, closed. He requested if Council wished to consider a motion on the proposed Official Plan Amendment. ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -71 Chief Administrative Officer Re: Request for Removal of Part Lot Control 8677/8679 86883/8685 Willoughby Drive; Lots 16 17, Registered Plan 264. The report recommends the following: 1) That Council approve the request and pass the appropriate by -law to designate Lots 16 and 17, 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 Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -173 PD- 2001 -73 Chief Administrative Officer Re: Proposed Aviary; 5651 River Road; Larry Vann. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and filed for the information of Council. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. PD- 2001 -74 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2001- 134; AM- 09/2001, Calaguiro Estates Phase 2. The report recommends that Council reaffirm through resolution the passing of By -law No. 2001 -134. 10 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Wing voting contrary to the vote. Historic Downtown Sinn REGULAR COUNCIL Alderman Campbell requested that the Minutes of July 16, 2001 be amended to reflect that Alderman Ken Feren offered the Opening Prayer. ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the Planning /Regular Minutes of July 16, 2001 be adopted as amended and that the Minutes of the Special Council Meeting of August 7 2001 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Closure of a Right -turn Lane off Highway 420 to Bender Street His Worship Mayor Thomson referred to correspondence received from the Ministry of Transportation regarding the City's support for a petition opposing the closure of a right hand turn lane off Highway 420 to Bender Street had been implemented. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell, to permit the Mayor to contact the Minister of Transportation advising of Mr. Palladini's position in giving assurances that the issue of the closure of the right hand urn lane off Highway 420 to Bender Street would be re- evaluated. Carried Unanimously. His Worship Mayor Thomson referred to a request received from the Downtown Business Improvement Area for Council to consider approval ofa Historic Downtown Board sign. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the request for a Downtown Board sign be approved, in principle, and that staff work with the Downtown BIA on the matter. Carried Unanimously. Downtown Niagara Falls Board of Management See Resolution No. 30 His Worship Mayor Thomson referred to correspondence received from the Downtown Niagara Falls Board of Management referring to a motion having been put forward in favour of a petition to send to the Alcohol and Gaming Commission of Ontario opposing the application of a liquor licence on the premises located at 4555 Queen Street (old Beatties premises) and requesting Council's support in preventing the liquor licence from being issued. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, to approve the request, in principle, and that staff come back with a report on the matter; along with a report on the Lighthouse issue. Carried Unanimously. 11 COMMUNICATIONS Communication No. 154 Royal Canadian Naval Association Re: Annual family picnic. The communication advises that the Royal Canadian Naval Association, Niagara Region would be holding their annual family picnic on Saturday, August 11, 2001 at the Optimist Club. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. Communication No. 155 FASWorld Canada Re: Proclamation. The communication requests Council proclaim September 9, 2001 as "Fetal Alcohol Syndrom Awareness Day" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 156 McKinley Molodyna Chiropractic Clinic Re: Annual Man A -Mile Relay Race. The communication advises that the Man -a -Mile Relay Race will be held on Monday, October 8, 2001 at 9:00 a.m. and requesting the use of the Municipal Roads starting at McFarland ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 157 The Royal Canadian Legion, Branch 51 Re: Proclamation The communication requests Council proclaim the week of September 16 to 22n 2001 as "Legion Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 158 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 Sunday, September 16, 2001 at 10:30 a.m. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 159 The Royal Canadian Legion Re: Flag Raising. The communication requests on behalf of Branches 51, 396 and 479, that permission be granted for a Legion Flag Raising Ceremony to be held at City Hall, on Monday, September 17, 2001 at 9:00 a.m. in honour of Legion week. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 160 James Weir, Engineer, Morrison Herschfield Re: Noise By -law Exemption The communication requests a noise by -law exemption for night work construction and Sunday construction at Highway 420 and Drummond Road and Portage Road to be carried out in October, 2001 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 161 Ontario Teachers' Federation Re: Proclamation. The communication requests Council proclaim Friday, October 5, 2001 as "World Teachers' Day" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannonil, that the request be approved. The motion Carried with Aldermen Campbell and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. 12 Communication No. 162 Victoria Centre B.I.A. Re: Unsafe grates at the base of trees. The communication expresses concerns that due to the elements, the grates at the base pf trees in the Victoria Centre have shifted, ripped and /or sunk causing a safety hazard to pedestrians walking across them and requesting that the matter be looked into. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be referred to staff. Carried Unanimously. Communication No. 163 Regional Niagara Re: Steering Committee Strategy Sessions The communication requests that one member of Council be designated to participate in the two half -day "Steering Committee Strategy Sessions" on September 4 and September 5 2001 to develop a comprehensive transportation strategy for the Regional Municipality of Niagara. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that any interested Aldermen contact the City Clerk. Carried Unanimously. Communication No. 164 Office of the Mayor, Town of Fort Erie Re: Meeting with border communities with gaming interests. The communication advises that a meeting has been scheduled during the AMO Annual Conference on August 21, 2001 to allow information to be exchanged about the unique economic and marketing opportunities existing given the proximity of the communities to the U.S. border and to consider strategies to improve the gaming market position. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. Communication No. 165 Art by the Falls Re: Tenth Annual Art by the Falls event. The communication requests that Council recognize through resolution the Rotary Club of Niagara Falls Sunrise "Art by the Falls Art and Craft Show being held on September 14, 15, and 16, 2001 and designate the event as a "Community Festival" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. See Resolution No. 29 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the July 16, 2001 Community Services Committee meeting minutes; 2. Deputation that the financial assistance requested by the Mount Carmel Park Association be approved provided funding is available in the 2001 or 2002 Budget; 3. R- 2001 -36 Selection of Preferred Site for Community Centre that the City owned property on the northeast corner of Montrose Road and McLeod Road be developed as the site for the new Community Centre; 4. MW- 2001 -88 Request to remove Entrance Median Trinity Court Monastery Drive that the entrance median at Trinity Court and monastery Drive be removed at the City's expense; 5. BBS- 2001 -23 Property Numbering System Proposed Amendments to By -law No. 70 -72 that Council pass the by -law, amending by -law No.70 -72; 6. BBS- 2001 -24 Refund of Sign Permit Fees and Administration Fee for variances to the Sign By -law that Council pass the amendment to by -law No. 6661, as amended; New Business: 13 7. BBS- 2001 -25 Demolition of Unsafe Building at 5793 McLeod Road that the Director of Building and By -law Service be authorized to call tenders for the demolition of the unsafe building at 5793 McLeod; 8. MW- 2001 -104 Parking Fine Review and Adjustment that the proposed parking fines as outlined in the Fine Schedules be approved; 9. MW- 2001 -105 Adjustment to Parking Meter /Machine Rates that the proposed revisions to the parking meter rates as outlined in report MW- 2001 -105 be approved; 10. MW- 2001 -109 Stevens Street Parking Review that parking be restricted on the north and south side of Stevens Street; 11. R- 2001 -37 Monument Repairs for Drummond Hill Cemetery that Council award Corosaro Classic Engraving for Priority 1 monument repairs for Drummond Hill Cemetery Alderman Wing indicated a conflict of interest; 12. That the City supports the realignment of Mountain Road as per Preferred Design Plan 2B and that the section of Beechwood Road as indicated be transferred to the Regional Municipality of Niagara; That staff investigate and report back on the delay in completing a full scope of the Drummond Hill Monument Restoration resulting in a loss of $60,000. The motion Carried with Alderman Wing abstaining from the vote on Report No. R -2001- 37, Monument Repairs for Drummond Hill Cemetery on a conflict of interest and with all others voting in favour. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS See By -law No. 2001 -174 See By -law No. 2001 -175 See By -law No. 2001 -177 See By -law No. 2001 -178 See By -law No. 2001 -180 MW- 2001 -11 Chief Administrative Officer Re: Contract 01- 198-00 Phase 1, Montrose Road and QEW Sanitary Sewer. The report recommends that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd., be accepted and the by -law be passed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. See By -law No. 2001 -183 ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the July 16, 2001 Corporate Services Committee meeting minutes; 2. L- 2001 -48 Body -Rub Parlour Enforcement Update that the report be received for information; 3. F- 2001 -53 2001 Financial Update, January 1 to June 30, 2001 that the report be received for information; 4. F- 2001 -54 June 30, 2001 Reserves and Reserve Funds Update that the report be received for information; 14 5. F- 2001 -55 Municipal Accounts that the Municipal Accounts totaling $518,881,007.45 for the period ending August 13, 2001, be approved; 6. F- 2001 -56 Municipal Performance Measurement Program that the Municipal Performance Measurement Program be received for information and that the information be posted to the City's Internet site no later than September 30' 7 F- 2001 -57 Property Assessment and Tax Impact that the Property Assessment and Tax Impact be received for information; 8. Fourth Annual Club Italia Elimination Draw and Dinner Request to Sponsor a Table that the City purchase four tickets for the Club Italia Elimination Draw and Dinner; 9. Canadian Outdoor Heritage Alliance that the correspondence be received and filed; 10. Hannah House Request for Reimbursement of Impost Fees and Building Permit Costs that the request from Hannah House for reimbursement of fees be received and filed; 11. Niagara Training and Employment Agency (NTEC) Request for Relief of Fees that the request for relief from fees for the Niagara Training and Employment Centre be received and filed; 12. Colin Seymour FISA World Master Rowing Championships Request for Financial Assistance that a grant in the amount of $1,000 be provided to Mr. Colin Seymour to assist with expenses for the FISA World Master Rowing Championships; New Business: 1. That staff prepare a report regarding the water and sewage servicing in the northwest expansion of the Urban Area; 2. That the Medical Officer of Health be requested to respond to the survey re: the urban area quadrant and the problems that exist; 3. That a new policy be implemented whereby Aldermen can advise the Finance Department of their request to attend specific Community Events. The cost of this policy will be evaluated in six months' time. The motion Carried with Alderman Craitor, loannoni, Volpatti and Wing abstaining from the vote on Report F- 2001 -55 on conflicts of interest previously noted and Alderman Volpatti abstaining from the vote on the matter dealing with the Club Italia request and with all others voting in favour. See By -law No. 2001 -184 CD- 2001 -09 Chief Administrative Officer Re: Special Occasion Permit. 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 Hendershot, that the report be received and adopted. Carried Unanimously. L- 2001 -44 Chief Administrative Officer Re: Panoramic Hospitality Inc. (Tony Roma's Restaurant) Sidewalk Cafe License Agreement with the City; 6733 Fallsview Blvd. The report recommends that the City enter into a Sidewalk Cafe License Agreement with Panoramic Hospitality Inc. (Tony Roma's) for a portion of City sidewalk located in front of 6733 Fallsview Boulevard. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -168 15 L- 2001 -45 Chief Administrative Officer Re: Letters of Credit. The report recommends that the limits set for aggregate amounts for Letters of Credit received from Niagara Credit Union be increased to $6,000,000.00. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -165 L -2001 -47 Chief Administrative Officer Re: Macesic Agreement with the City; Parts 2 and 3 on Reference Plan No. 59R- 11435; South Side of Sherk Road. The report recommends that an agreement with Branko Macesic and Milja Macesic regarding conditions imposed by the Committee of Adjustment by a decision dated May 22, 2001 under File Nos. B28/2001/NF and B29/2001/NF, be authorized. ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -166 L -2001 -49 Chief Administrative Officer Re: Conveyance of Lot 33 on Plan No. M -29 to Taro Properties Incorporated; Olden Avenue. The report recommends the following: 1. That a conveyance of Lot 33 on registered Plan No. M -29 to Taro Properties Incorporated, for nominal consideration subject to any existing utility easements, be authorized; 2. That Transfers of Easements be authorized for any existing unregistered easements prior to conveyance of Lot 33 on registered Plan No. M -29. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -167 RESOLUTIONS NO. 28 VOLPATTI HENDERSHOT WHEREAS the Niagara Region has three psychiatric units in Niagara Falls, St. Catharines and Welland, respectively; AND WHEREAS the Niagara Health System has indicated that one of these units will be closed; AND WHEREAS the local psychiatric community is opposed to this move and has stated that many individuals will be left vulnerable without adequate facilities; THEREFORE BE IT RESOLVED THAT the Niagara Health System not make any decisions on the closure of psychiatric units until a proposed meeting with the Region's Mayors, scheduled for September 12` takes place. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that a copy of the resolution be forwarded to Dr. Abrams and to the Minister objecting to the closure of such a crucial services. Carried Unanimously. NO. 29 FISHER CRAITOR 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 14, 15 and 16, 2001 and designates the event as a "Community Festival" in Niagara Falls. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. 16 NO. 30 FISHER HENDERSHOT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls Reaffirms the passing of By -law No. 2001 -134, a by -law to provide site specific zoning standards for the undeveloped portion of Calaguiro Estates registered plan of subdivision 59M -92. AND The Seal of the Corporation be hereto affixed. BY -LAWS Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2001 -163 A by -law to amend By -law No. 6661, 1964, as amended with respect to signs, in the City of Niagara Falls. 2001 -164 A by -law to authorize the execution of a Letter of Agreement with The Ministry of Economic Development and Trade and with respect to operating The Niagara Falls and Area business Self -Help Office, in City Hall. 2001 -165 A by -law to amend By -law No. 91 -232, as amended, being a by -law to accept Letters of Credit. 2001 -166 A by -law to authorize an Agreement with Branko Macesic and Milja Macesic with respect to conditions imposed by the Committee of Adjustment by decision dated May 22, 2001 under File Nos. B28/2001/NF and B29/2001 /NF. 2001 -167 A by -law to authorize the reconveyance of Lot 33 on registered Plan No. M- 29 in the City of Niagara Falls, in the Regional Municipality of Niagara to Taro Properties Incorporated, for nominal consideration. 2001 -168 A by -law to authorize a Sidewalk Cafe License Agreement, dated June 28, 2001, between Panoramic Hospitality Inc., and The Corporation of the City of Niagara Falls to licence a portion of City property located in front of 6733 Fallsview Boulevard for the purpose of operating a sidewalk cafe. 2001 -169 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 19/2001, Falls Masonry) 2001 -170 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 01/2001, 3552 Bridgewater Street) 2001 -171 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 19/2001, 5200 Dorchester Road) 2001 -172 A by -law to amend By -law No. 97 -136, being a by -law respecting the use of a dwelling for the purpose of a tourist home, which amended By -law No. 79- 200, as amended. (Re: AM- 01/2001, 3552 Bridgewater Street) 2001 -173 A by -law to designate Lots 16 and 17 on registered Plan No. 264 not to be subject to part lot control. 2001 -174 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Meter Zones, Parking Prohibited) 17 2001 -175 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 (Municipal parking lots) 2001 -176 A by -law to designate the Stamford White Oak Tree in the City of Niagara Falls, to be of historic value and interest. 2001 -177 A by -law to amend By -law No. 89 -2000 being a by -law to regulate parking and traffic on City Roads (Part X Offences and Penalties) 2001 -178 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 (Offences Penalties.) 2001 -179 A by -law to amend By -law No. 89 -102 being a by -law to amend By -law Nos. 80 -77; 80 -114 as amended, 85 -202 and 85 -205. 2001 -180 A by -law to amend By -law No. 70 -72 (numbering re- numbering of city buildings) 2001 -181 A by -law to declare surplus part of Dock Street on Plan No. 251 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part 3 on Reference Plan No. 59R -4257. 2001 -182 A by -law to authorize the execution of an agreement with Touchstone Site Contractors Inc. and Casino Niagara respecting the design and construction of a decorative fountain at the corner of Victoria Avenue and Bender Street. 2001 -183 A by -law to authorize the execution of an agreement with V. Gibbons Contracting Ltd., respecting Montrose Road and QEW Sanitary Sewer. 2001 -184 A by -law to authorize monies for General Purposes (August 13, 2001). The motion Carried with Alderman Craitor, loannoni, Volpatti and Wing abstaining from the vote on By -law No. 2001 -184 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 now be read a second and third time: 2001 -163 A by -law to amend By -law No. 6661, 1964, as amended with respect to signs, in the City of Niagara Falls. 2001 -164 A by -law to authorize the execution of a Letter of Agreement with The Ministry of Economic Development and Trade and with respect to operating The Niagara Falls and Area business Self -Help Office, in City Hall. 2001 -165 A by -law to amend By -law No. 91 -232, as amended, being a by -law to accept Letters of Credit. 2001 -166 A by -law to authorize an Agreement with Branko Macesic and Milja Macesic with respect to conditions imposed by the Committee of Adjustment by decision dated May 22, 2001 under File Nos. B28/2001/NF and B29/2001/NF. 18 2001 -167 A by -law to authorize the reconveyance of Lot 33 on registered Plan No. M- 29 in the City of Niagara Falls, in the Regional Municipality of Niagara to Taro Properties Incorporated, for nominal consideration. 2001 -168 A by -law to authorize a Sidewalk Cafe License Agreement, dated June 28, 2001, between Panoramic Hospitality Inc., and The Corporation of the City of Niagara Falls to licence a portion of City property located in front of 6733 Fallsview Boulevard for the purpose of operating a sidewalk cafe. 2001 -169 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 19/2001, Falls Masonry) 2001 -170 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 01/2001, 3552 Bridgewater Street) 2001 -171 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 19/2001, 5200 Dorchester Road) 2001 -172 A by -law to amend By -law No. 97 -136, being a by -law respecting the use of a dwelling for the purpose of a tourist home, which amended By -law No. 79- 200, as amended. (Re: AM- 01/2001, 3552 Bridgewater Street) 2001 -173 A by -law to designate Lots 16 and 17 on registered Plan No. 264 not to be subject to part lot control. 2001 -174 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Meter Zones, Parking Prohibited) 2001 -175 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 (Municipal parking lots) 2001 -176 A by -law to designate the Stamford White Oak Tree in the City of Niagara Falls, to be of historic value and interest. 2001 -177 A by -law to amend By -law No. 89 -2000 being a by -law to regulate parking and traffic on City Roads (Part X Offences and Penalties) 2001 -178 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 (Offences Penalties.) 2001 -179 A by -law to amend By -law No. 89 -102 being a by -law to amend By -law Nos. 80 -77; 80 -114 as amended, 85 -202 and 85 -205. 2001 -180 A by -law to amend By -law No. 70 -72 (numbering re- numbering of city buildings) 2001 -181 A by -law to declare surplus part of Dock Street on Plan No. 251 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part 3 on Reference Plan No. 59R -4257. 2001 -182 A by -law to authorize the execution of an agreement with Touchstone Site Contractors Inc. and Casino Niagara respecting the design and construction of a decorative fountain at the corner of Victoria Avenue and Bender Street. 2001 -183 A by -law to authorize the execution of an agreement with V. Gibbons Contracting Ltd., respecting Montrose Road and QEW Sanitary Sewer. 2001 -184 A by -law to authorize monies for General Purposes (August 13, 2001). The motion Carried with Alderman Craitor, loannoni, Volpatti and Wing abstaining from the vote on By -law No. 2001 -184 on conflicts of interest previously noted and with all others voting in favour. Community Events Alderman Kim Craitor provided information on upcoming Teen and Children's Events in the Community; he advised that the City of Niagara Falls in conjunction with Niagara Square would be holding a "Back to School" Night on August 25, 2001, with Miss Niagara and Miss Teen Niagara in attendance and invited everyone to attend. Letter of Condolence Terry Fox Run Water Meter Issue Federal Salary Increases 19 NEW BUSINESS Alderman Kim Craitor advised that the Fallsview BIA would be holding a family jamboree and Kids Evenings, on August 24 and August 25 2001 with proceeds going to the Niagara Hospice Children's Program and invited the community to attend. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that a letter of condolence be forwarded to the family of Alderman Ken Feren on the recent loss of his grandmother, Irene Martha Feren. Carried Unanimously. Alderman Carolynn loannoni provided an update on the upcoming Terry Fox Run, being held on September 16 2001 at 11:00 a.m. and encouraged everyone to participate. Alderman Carolynn loannoni requested further information on the sewer surcharge issue. She was advised by the Director of Municipal Works that a report was being prepared on the matter. The Executive Director of Corporate Services further advised that a report would be coming back to Council providing cost comparisons on last year's rates vs this year's rates. Alderman Janice Wing referred to a resolution from the City of Cambridge opposing the Federal Ministers' salary increases and requested Council's support of this resolution, there was on Seconder to her motion. City Beautification Alderman Norm Puttick advised that discussions with the Niagara Parks Commission have been held regarding the Niagara Parks Commission's possible involvement in the planting of flowers and of the maintenance and upkeep of the various gateways in the City; he requested that staff bring back a report as to the costs involved in the maintenance and upkeep of the flower beds in the various gateways throughout the City and the involvement of the Niagara Parks Commission. ORDERED on the motion of Alderman Puttick, seconded by Alderman loannoni, that staff bring back a report as to the costs involved in the maintenance and upkeep of the flower beds in the various gateways throughout the City through the involvement of the Niagara Parks Commission. Carried Unanimously. Congratulations! Alderman Gary Hendershot commended the City's Roving Clean up Crew on a job well done during the City's increasing amount of litter and garbage. Correspondence to Council Alderman Wayne Campbell referred to correspondence regarding a property matter forwarded to the Building Department with copies to be sent to members of Council and enquired as to why Council had not received the correspondence. He was advised that the Executive Director of Community Services would be looking into the matter. Dock Committee His Worship Mayor Thomson referred to property along the Welland River with a Dock Committee being established to be responsible for the property and suggested that the City Solicitor be authorized to assist the Dock Committee with any legal advice they may require. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, 20 E. C. WAGG, CITY CL e1 WAYNE THOMSON, MAYOR