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2001/10/01REGULAR COUNCIL MEETING Monday, October 1, 2001 Order of Business and Agenda Package REGULAR MEETING October ~, 200f PRAYER: Alderman Klm Craitor ADOPTION OF MINUTES: Planning/Regular Meeting of September 10, 2001; Special Meeting of September 17, 2001 and Special Meeting of September 19, 2001. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. MAYOR~ REPORTS, ANNOUNCEMENTS, REMARKR DEPUTATIONS Pam Sharkey, President, Westlane Secondary School Students Against Impaired Driving, wishes to address Council and request that Council proclaim October 16, 2001 as "National Students Against Impaired Ddving Day"in Niagara Falls; also in attendance will be Katheryn Wilson, Student Services. Imogene Pasel, Facilitator of Niagara Falls Depressive & Manic-Depressive Support Group wishes to address Council and request that Council proclaim the month of October as "Mental Illness Awareness Month" and the week of October 7- 13,2001 as "Mental Illness Awareness Week"in Canada. Paul Mallett wishes to address Council regarding the upcoming White Ribbon Against Pornography (W.R.A.P.) Campaign being held the last week of October. -2- Project S.H.A.R.E. - Roxanne Felice, Executive Director, Rick Rathfelder, President of Board of Directors and Diane Currie, wish to provide information on 'the Fall Food Drive, provide statistical information and testimonial. ITEM NO. 200t-36 PLANNING MA TTER Reconvening Public Meeting Zoning By-law Amendment Application AM-23/2001, 4199 River Road Applicant: 647802 Ontado Limited et al Agent: John Hopkins Proposed Alternative Parking Requirements For an Expansion to Souvenir City Background Material: Recommendation Report: PD.2001-88 - AND - Correspondence from Residents of Elgin Street Correspondence from Richard Campbell Correspondence from Regional Niagara Planning & Development Department COMMUNICATIONS AND COMMENTS OF THE CITY CLERK St. John Ambulance, Niagara Falls Branch - Re: Fundraising event- suggesting that the Mayor and members of Council along with Federal and Provincial representatives attend the October 13, 2001 fundraising event RECOMMENDATION: For the information of Council. Dave Levac, M.P.P., Brant - Re: Proclamation - requesting that October 7, 2001 be proclaimed as "Fire Fighter Memodal Day" and that a moment of silence be observed on Monday, October 1, 2001 at the Council meeting. RECOMMENDATION: That the requests be approved. C. S. Ruddell, Acting Fire Chief- Re: Proclamation - requesting that the week of October 7~h to October 13, 2001 be proclaimed as "Fire Prevention Week" RECOMMENDATION: That the request be approved. -3- District School Board of Niagara. Re: Notice of Termination of Agreements. advising theat there have been significant changes in the funding of education and that in light of the funding changes, the Board has adopted the philosophy that no third party use of Board property, whetherthat be buildings or premises, can cost the Board money. RECOMMENDATION: That the matter be referred to staff. RegionaI Niagara, Pubfic Health Department. Re: Proclamation. requesting that Council proclaim the week of October 1 to 7, 2001 as "World Breastfeeding Week". RECOMMENDATION: That the request be approved. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTION,W (Alderman Victor Pietrangelo, Chair) COMMUNITY SERVICES MA TTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer Chair, Sports Wall of Fame Committee MW-2001-129~ Tender 2001-104-01, New Sidewalk Construction. MW-2001-131, Purchase of Hardware for Traffic Sign Management Application. MW-2001-132, Winter Sand (2001-2002) Season Regional Tender 2001-T-27. R-2001-40, 2001 Sports Wall of Fame Inductees. 5. Co-Chairs, Civic Committee R-2001-41, Simon's Restaurant. -4- RA TIFICA TION OF PARKING & TRAFFIC COMMITTEE ACTIONS (Alderman Klm Craitor, Chair) MW-2001-130- Municipal Parking & Traffic Committee Recommendations, September 18, 2001 Meeting. CORPORA TE SERVICES COMMITTEE ACTIONS (Alderman Wayne Campbell, Chair) PLANNING MATTERS 1. Chief Administrative Officer PD-2001-90, Conversion of Former Beatfies Store, 4555 Queen Street. MISCELLANEOUS MA TTERS 1. Chair, Body Rub Committee Report of the Body Rub Parlour Committee - Re: Madjana Kovinic. -AND - Correspondence from City Solicitor RA TIFICA TION OF COMMITTEE. OF. THE. WHOLE ACTIONS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration. 2001-207 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs, Yield Signs, Through Highways, Heavy Vehicles) 2001-208 To amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Prohibited Parking) 2001-209 To authorize the execution of an agreement with The Canadian Corps of Commissionaires-Hamilton Division respecting School Crossing Guard Coordinator duties. -$. 2001-210 To authorize the execution of an agreement with Sacco Construction Limited respecting the 2001 New Sidewalk Construction. 2001-211 To amend By-law No. 2001-122, as amended, being a by-law to set and levy the rates of taxation for City purpose, for Regional purposes, and for Education purposes for the year 2001. 2001-212 To authorize monies for General Purposes (October 1, 2001) NEW BUSINESS WESTLANE'~~DARYSCHOOL Date: FAX COVEI~'~.~ET Page I of Fax No.: FROM: Fax No.: I0 3D~'d $$ 3N~'-i±SZM §8BTg§E-§06 8Z :~I ~0 ]D~d SS BN99£SBM ~8B~g§~-~06 8I:~I [00~?~/60 From: Date: Subject: apache@aberdeen.ac12.com 9/20/01 10:20AM CITY OF NIAGARA FALLS WVWV - Request to approach Council Meeting Received From the City of Niagara Falls WebSite: Date and Time Stamp: Thursday, September 20, 2001 at 10:19:58 (EDT) Visitor's Email Address: imapasel@niagara.com The following are the recipients of this email: bdd@city.niagarafalls.on.ca,, bmuir@city.niagarafalls.on.ca,, URL Visited: http://www.city.niagarafalls,on.ca/cityhall/clerks/councilschedule,html#mailer Comment/Request made: I notice the schedule does not include any meetings before October 1,2001, but I was speaking to a council member at the recent vigil and they said they will be having a council meeting prior to October 1, 2001. I would like to speak to city council to have the mayor proclaim the month of October as Mental Illness Awareness Month and the week of October 7-13, 2001 is Mental Illness Awareness Week in Canada. Please let me know which meeting I will be able to speak at. Thank you,] Imogene Pasel Facilitator of Niagara Falls Depressive and Manic-Depressive Suppod,Group. W.R.A.P Tco-Vt~ffom It May Concerti, The month of October ia approaehin$ axed onco again Canadians Addve~n8 Sexual FLxploit~tion · re preparing for another W,R.A P -- White Kibbon Againsl Pornography -- campaign to be held in thc last week of October Last year :he response was extraordinary when local communities, businesses, libraries and several city councils throughout Niagara supported and participated in this yearly event. WR.AP consists of people from all ~valks of life that are appalled at the sexual exploitation of our children and the devastating effezl'.~ that pornography ha~ on soei~y as a whole in our nation, We would like to make a brief lO minute presentation about the WRAP emnpaign and answer any questions you may Mve. Please contact Paul Matlett al (905) 899-2332 regarding an allotted time Thank you. Sinc*r~ , Paul Mallett P,O, Box 22015, 3643 Po~ge R~a~, H'mgam F~lls, Onto L23 452 Phone: (905)358-7469 i Fax: (905)371-2857 Re: Counol Mc, eft g October 1, 2001 Fax: $56-9083 As facilitator of the Nlag~ Group, I would like to aa to ask the mayor to proc Illness Awareness Week. Our group wi t be spend ng on mental illness. Please contact me and let From: Imogene..R Title: ........ Fa¢llitatar Date: Sept. 26, 21: Total Pages: 1 ~ra Falls Depressive & Manic-Depressive Support dress City Council on Monday October 1, :2001 laim the week of October 7-13,2001 as Mental ~sel ,01 the month of October educating the public me know if this is possible. ~ep,2/. 2~U1 9:0BANt PROJECI SHARE (~(}b) L~b/ 0143 No,lgB[J PROJECT S.H.A.R,E. ~47~ ^ I"lrs~ ^wn,~e, NI,gara Fail,, Ontario L2E 4G2 ?hone~7-~121 · ~ax:~57-014~ pshate~caninet.com ,, www.caninet.com/-pshare Shtrl~y Cart Andy fl~nd~rtOn Diane Curet Sdlna ¥oll~ata ADVlSOIt ¥ Nortna~ 1~. A~ltag~ GA lo~ Jam,s V. G~nn Pame~ Ve~II W~ka6 ~,A. Dr ~obin Wdll~ MD, DPH~ ~c~(c) I~azann~ Feller. M.$, W. September 27, 2001 City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 At'tn: Woody Wagg City Clerk Project S.H.A,R.E.'s Deputation on Monday, October 1, 2000 Topic: Fall Food Drive, Statistical Information and Testimonial Those attending will be: Roxanne Felice, Executive Director Rick Rathfelder, President of Board of Directors Diane Currie, Consumer Thanking you in advance. Roxanne Felice Executive Director The City of Niagara Falls~ Canada Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls. ON L2E 6X5 web site: www,city.niagarafalls,on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning @city,niagarafalls.on.ca October 1, 2001 Doug Darbyson Director PD-2001-88 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-88, Zoning By-law Amendment Application AM-23/2001 4199 River Road; Applicant: 647802 Ontario Limited et al Agent: John Hopkins; Proposed Alternate Parking Requirements for an Expansion to Souvenir City RECOMMENDATION: It is recommended that: 1) Council approve the Zoning By-law Amendment application ~m0a~'~t~lt~"JIm~ · erecting signs on the subject property stating that the idling of buses for any period of time longer than three minutes is prohibited in accordance with By-law No. 98-217, and · erecting signs on the subject property stating dhat overnight parking is prohibited; b) The controls indicated in paragraph (a) be incorporated into the Site Plan Agreement; and c) The concerns of area residents regarding off-site parking and traffic be addressed by the Parking and Traffic Committee. 2) Council pass the amending zoning by-law, included in tonight's agenda, which contains a provision that will restrict bus parking to the area betwveen the buildings and River Road. ~Vorking Together to Serve Our Community Clerk's . Finance Human Resources Information Systems · Legal Planning & Development October 1, 2001 - 2 - PD-2001-88 BACKGROUND: On September 10,2001, Council considered report PD-2001-79 (attached) regarding Zoning By-law Amendment application AM 23/2001 by 647802 Ontario Limited to permit an alternate parking requirement for a proposed expansion to Souvenir City at 4199 River Road (see Schedule 1). Decision was deferred to allow for a neighbourhood meeting to occur to address concerns raised by residents regarding bus traffic, safety and garbage storage. A neighbourhood meeting with the area residents was held on September 19, 2001. Issues raised by residents included on-site and off-site issues. On-site issues included buses being parked close to residences, the idling of buses and overnight parking. Off-site issues were mainly about bus traffic on local roads and associated safety concerns. The residents were requested to form a committee and submit a list of their concerns which would be addressed by staff. A list of the residents' concerns is attached. The concerns deal with the three on-site issues indicated below. A revised site plan (attached as Schedule 2) has been submitted, and this site plan addresses some concerns (garbage storage has been moved away from May Avenue and relocated to the north end of the building, changes to the car parking may discourage bus traffic from parking there). Any potential off-site issues, such as concerns about bus traffic on the surrounding local roads, should be addressed by the Parking and Traffic Committee. 1. Bus parking within the car parking area. Area residents are concerned about the possibility of buses being parked on the lot to the north of the buildings as it is close to their homes and may be a nuisance. A provision has been included within the amending by-law that restricts the parking of buses to the area between the buildings and River Road and prohibits them from the car parking area to the north ofthe buildings. The revised site plan is designed to discourage buses from entering the car parking area by the use of curbed islands. Further review at the site plan stage will examine other measures such as the use of signs to be erected to notify drivers that bus parking is prohibited within the north end parking lot. 2. Idling The idling of buses, along with the associated fumes, is another major concern raised by residents. By-law No. 98-217 is a City wide By-law that restricts vehicles from idling more than three minutes in a 60 minute period. A clause within the site plan agreement will be included that requires the owner to erect signs stating "No idling permitted for more than three minutes". This will put the drivers on notice that buses are to be turned off while on site. The owner of the site would be obliged to ensure buses are not left to run, as required by the City's existing by-law. The City would respond to any complaints from the residents. October 1, 2001 - 3 - PD-2001-88 3. Overnight parking Residents are concerned that buses may be parked on the property ovemight. The possibility exists that buses may start up very early in the morning, causing a noise nuisance. A clause in the site plan agreement will be included that requires the owner to prohibit overnight parking. This will be implemented by posting signs indicating overnight parking is prohibited. Further, to keep buses from parking in this area, the site plan agreement will require that the parking area be secured with a chain overnight. The City would enforce these three points through zoning and the site plan agreement. However, the owner is obliged to ensure the by-law and site plan agreement are being adhered to. Should residents observe an infraction they can register a complaint with Building & By-law Services. The City can then pursue any action with the By-law Enforcement Offices and Legal Services. Some earlier concerns, such as the location of the garbage storage offof May Avenue, have been addressed by moving the garbage storage to the northend of the building. CONCLUSION: The above noted matters affecting land use planning can be addressed by passing the by-law included in tonight's agenda and through the Site Plan Approval process. The provisions within the by-law and site plan agreement should help to provide assurance to the residents that the development will operate as illustrated on the site plan. Off-site issues should be addressed through the Parking and Traffic Committee. Andrew Bryce Planner 2 Respectfully submitted: Edward P. Lustig t~r~ ~ Chief Administrative Officer Recommended by: ~Doug Darbyson irector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AB:JB:am Attach. FILE: $:\PDR~2001~PD2001-88.wpd September 10, 2001 -3- PD-2001-79 The Official Plan encourages the removal of non-conforming uses over time. The planned project would remove several legal non-conforming residential uses and consolidate the property into one development fronting onto River Road. The project would enhance the gateway appearance of the area. Ancillary commercial uses servicing the tourist area are encouraged in the Whirlpool subdistrict. As shown on the site plan, Schedule 2, the new buildings are set back from River Road to accommodate the movement of braes through the site. Siting the building to the back (west side) of the property represents good site design, in this instance, became it will keep traffic and pedestrian activity oriented to River Road away from the residential area to the west. The building will act as a buffer between the residential neighbourhood and the bus parking area. The passenge3' vehicle parking area will be buffered by a retaining wall and landscape strip which locates the parking at a lower level than the abutting houses. The building is only 1 storey in height and because of the difference in grade between River Road and May Avenue will have a low profile next to the residential area. A narrow landscape strip is planned behind the building next to May Avenue. The requested zoning change is appropriate for the site. The 15,000 square feet (1,400 square metres) of commercial space would require 70 parking spaces based on standard zoning by-law provisions. The applicant seeks to substitute a portion of vehicle parking spaces with bus parking. The current souvenir store primarily serves tourists arriving by bus. The applicant contends this will continue with the expansion. This application has been supported by a study ofparking demand prepared by Delcan. The study predicts that a parking ratio for the expanded development will need a minimum of 38 passenger vehicle spaces, 10 mini-bus spaces and 5 highway bus spaces. The site plan provides for 42 passenger vehicles, 11 mini-buses and 6 highway buses. This is summarized in the table below. Zoning Study Requirement Recommendation Proposed Passenger vehicles 70 38 42 Mini-buses 0 10 11 Highway buses 0 5 6 Staff has reviewed the site alternatives and determined that sufficient area is available to accommodate the 70 parking spaces. This arrangement, however, would remove most of the bus parking spaces. Based on the recommendations of the traffic study and the site design, it would appear that the proposal to exchange some of the required passenger car parking for mini-bus and highway bus parking spaces is acceptable and in keeping with the Official Plan. September 10, 2001 - 5 - PD-2001-79 The amending by-law, which is on Council's agenda at the request of'the applicant, details the parking requirements for passenger vehicles, mini-buses and highway buses. If, in the future, the use of the building shifts away from bus oriented shoppers, sufficient space exists on-site to accommodate the standard parking requirements. Planner 2 Respectfully submitted: Edward P. Lustig Chief Administrative Officer and Alex Herlovitc'h Deputy Director of Planning & Development Recommended by: · D6h~ Darbyson ~'( Director of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AH/JB:am Attach. SSPDR~00 BPD2001-79.wpd Christine & Richard Twinn ]75 King Street St. Catharines, Ontario L2R 3J5 AUgust 26, 2001 Phone: Hm 905-988-5348 Cel 905-324-0]89 City Hall 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Director of Planning Re: City File: AM-23/2001 We are the owners of the property on 4214 May Ave., a single family home, located next to the existing Souvenir building on May Ave. At present this house is rented, however, we plan to make it our retirement home in the next few yeaars. Our conerns are: (1) CONDITION: (2) THE GARBAGE BINS We do not w~nt to have giant garbage, bins just outside our windows. We are concerned about the location of the garbage bins. Will they be indoor or outd~ ~rWill thepe be, and their size. e be a compactor? The noise is a concern. The smell and the flies are also a concern. We request that the garbage bins be housed inside the Souvenir City building, totally enclosed and behind closed doors. Also, that no compactor be used because of the constant grinding noise. Also the pick-up times for the bins should be no earlier than 9:00 a.m. OR They should be moved to Elgin Street parking lot. FENCE We do not want a fence to be built between our property and Souvenir City property, as this would totally block our visibility on that side of our house. Please note that their property line is just 2 feet from our house. CONDITION: That no fence be built. AUG 282001 Cont .... SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By-law No. 79-200 4199 River Road Lots 12 through 16, 18, 19, 20 and Part of Lot 11, Registered Plan 30, now known as 996 City of Niagara Falls AM-23/2001 Applicant: 647802 Ontario Limited et al. c/o John B:4dopkins I:NTS Elgin Street concerns W~ the residents of the Elgin Street area wish to present our concerns abc%it the .xpansion of Souvenir C~y. The follow- ing list is what we feel must be done to be accepyable to us. 1 NO buses allowed in the car parking area at all ever. 2 NO bus idling - with penalty to business owner. 4 Parking lots to be chained off at night when store cXoses. 5 We are not interested in a one way street. 6 Don't make changes to the zoning of this site if these conditions cannot be met. Residents of the area feel that trying to work with thcse 0wnerD 10 frulSA~ ~,e o~ past histories and promises not being kept. We feel that the owners of Souvenir city should at~n Oo0umuntg that h{ will follow 5h;~m~h ~a our concerns and abide by what City Council rules on this matter. If not has he considered buying out these homeowners whose health has been affected or will be affected by the desctruction of this environment? REVISED SCHEDULE 2 RECEIVED $£P 2 7 2001 P,-ANNING ~ OEYELOPUENT St. John Ambulance Saint-Jean Client Services - Anita Mm'ray (905) 356.7340 Tel. (905) 356-1647 Fax August 27, 2001 Fax (905) 6FRCE OF THE MAYOR MaWr Wayne Thomson md Membe~ of C.,oun~l City of ~ F~I8 4~10 QL~ ~ P,O. ~ t~3 ~ Fda, ON Community Services · Sherry Atack (905) 356-7461 Tel. (905) 356.0919 Fax Kal T, Bucht Community Servlce~ Goon:llrmtor 5'/34 Olenholme Aveuue, Niagara Falls, Ontario L2G 4Y3 ducen 's Park Office/Bureau de Queen's Park Main Legislative BuJldi~g / Assembl~e l~gislative Queen's Park / Queen's Park Toronto, Ontario / Toronto (C~tario) M7A 1 A4 Tel/T~I. :(416) 3256261 Fax / T~l~c: (416) 325~6358 Dave_Levac-MPP@ ontla.ola.org Legislative Assembly / Assemblee I~gislative DAVE LEVAC, M.P.P. BRANT Constituency Office/Bureau de drconscription 90 Nelson Sffeet / 90, rue Nelson Brantford, Ontario / Brantford (Ontario) N3T 2N1 Tel / T6I.: (519) 759dB61 Fax / T6l~c.: (519) 759~o439 Dave_Levac-MPp-co~ ontla.ola.org September 7, 2001 Niagara Falls City Fire Deparment (C) Peter Corfield 5809 Morrison St.. Niagara Falls, ON L2E 2E8 Dear Peter: As many of you are already aware, on the first Sunday in October ever year, a memorial ceremony is held in Gravenhurst, Ontario to remember those fire fighters who have lost their lives in the line of duty. October 7, 2001 will be Ontario's first official day of remembrance for fallen fire fighters across Ontario as it has been almost a year since my private member's bill, Bill 107, An Act to Proclaim Fire fighter Memorial Day, received royal assent. I feel strongly that fire fighters across Ontario and their families should be recognized for their continuous heroic sacrifices and commitments to the citizens of Ontario. To commemorate this day, I would ask that you help to honour this important date by holding local commemorative events such as a minute of silence in your local council chamber, a letter to the editor of your local newspaper to remind citizens of fire fighter sacrifices, and/or hold other local memorial ceremonies. Your cooperation in these efforts would be greatly appreciated. If you have any questions or comments, please do not hesitate to contact me. Respectfully, Dave Levac, MPP Brant Liberal Solicitor General & Corrections Critic c.c. Ontario Municipalities INTER-DEPARTMENT MEMORANDUM TO: E.C. Wagg City Clerk FROM: SUBJECT: DATE: September 19, 2001 Colin Ruddell Acting Fire Chief PROCLAMATION -" FIRE PREVENTION WEEK". We respectfully request that the Mayor of the City of Niagara Falls proclaim the week of OCTOBER 7TM through OCTOBER 13m, 2001 as 'FIRE PREVENTION WEEK". This date is universal throughout North America. Please find attached a recommended layout to be inserted in the newspaper. We would appreciate if this proclamation could be scheduled for the October 1st, 2001 Council meeting. Please advise us should it be scheduled at a different date. The theme for this year is: "COVER THE BASES & STRIKE OUT FIRE" ~C~olin Ruddell Acting Fire Chief 191 Carlton Street, St. Catharines, Ontario L2R 7P4 William R. McLean, Director of Education and Secretary August 31,2001 City of Niagara Falls 4310 Queen Street Niagara Falls ONT L2E 6X5 (905) 641 1550 Fax: (905) 685-8511 EPfO2 (J~g:J(~ OF THE ~YO~ Attention: His Worship Wayne Thomson - Mayor, City of Niagara Falls Dear Mr. Mayor: Re: Notice of Termination of A~reements We have appreciated the co-operative working relationship we have experienced with your municipality over the years. Our students and members of the community have been well served under the Community Use Agreements. However, there have been significant changes in the funding of education and in the funding at the municipal level that require us to terminate existing agreements and develop new protocols for the use of our respective facilities. In light of the funding change, the Board has adopted the philosophy that no third party use of Board property, whether that be buildings or premises, can cost the Board money. Therefore, any continued use of Board facilities and grounds by municipalities must be for a fee that allows the Board to at least recover its costs (i.e. a break even rate). In this way, we hope to continue working together in utilizing each other's facilities in a manner that will be of benefit to our students and the broader community. We have conducted a search of our archives and have not located any formal written agreements between the District School Board of Niagara and its predecessor the Niagara South Board of Education. If you are aware of any formal agreements please provide us with a copy for our review. In the absence of any formal agreements, this letter will serve as official written notice that we are terminating the informal nature of our reciprocal relationship effective September 1, 2001. All future bookings of Board facilities by your municipality must be done through the Board's Rentals Department with payment of the appropriate fee as outlined in the Board's Community Use of Schools Policy. In the event you wish to discuss the contents of this letter, feel free to contact Bob Mahony, Plant Operations Controller, at Extension 4310, Sincerely, WILLIAM R. MCLEAN, Director of Education copy: Liz Fulford, Chair Kevin Maves and Barbara Ness - Trustees, City of Niagara Falls George Thomas, Superintendent - City of Niagara Falls Bob Mahony, Plant Operations Controller Brenda Stokes Verworn, Board Lawyer NIA ' A PUBLIC H EALTH DEf RTMENT , ,,! The Regional Municipality of Niagara Healthy Babies/Parent Child Program 573 Glenridge Avenue St. Catharines, Ontario L2T 4C2 www.re.q ion al.niafl ara.o ri.ca Telephone: 905-688-3762, Toll Free: 1-800-263-7248 Fax: 905-688-5100 E-mail address: hdeans@regional.rdagara.on.ca City of Niagara Falls 4310 Queen St P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Wayne Thomson, October 1-7 has been designated World Breastfeeding Week in Canada. World Breastfeeding W.eek celebrates the importance of breastfeeding for all women, children, families and communities. This year's theme is Breastfeeding in the Information Age. It recognizes the importance of clear and accurate breastfeeding information and the need to use many different channels to communicate effectively about breastfeeding. Accurate information is the key to helping women and their families develop satisfying breastfeeding relationships and is essential in order to encourage governments and industries to develop breastfeeding-friendly practices. This special week provides an opportunity for people around the world to join together in celebration and action to raise public awareness of the benefits of breastfeeding to mothers, infants and all of society and to recognize that accurate and clearly communicated information can bring us closer to a breastfeeding world. We are asking the City of Niagara Falls to pledge support for breastfeeding women and children by proclaiming October 1 to 7, 2001 as World Breastfeeding Week. In addition, our organization is holding a display on Thursday October 4, 2001 at the Pen Centre in St. Catharines from lOam-4pm directly in front of the Zellers store entrance. We look forward to your positive response and willingness to make World Breastfeeding Week a success. Sincerely, (Public Health Nurse and Chairperson of the Breastfeeding Committee) ...Dedicated to achieving a Healthier Niagara Community Services Department Niagara Falls ca naf.~,~~ Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagamfalls.on .ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins@city.niagarafalts.on.ca October 1, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Ed Dujlovic, P, Eng. Director MW-2001-129 File 2001-104-01 Re.* MW-2001-129 Contract 2001-104-01 2001 New Sidewalk Construction RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Sacco Construction Ltd., be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk, Mr. E. C. Wagg, opened tenders on Wednesday, September 26, 2001 at 1:30 p. m. for the above noted contract. Tender documents were picked up by three (3) Contractors and three (3) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the three (3) Contractors, together with the corrected bid * 1. Sacco Construction Ltd. 2. Steed & Evans Ltd. 2. Alfidome Construction Ltd. ( Niagara Falls ) ( Thorold ) ( Niagara Falls ) $74,545.00 *$86,353.90 ($85,993.90) $90,805.00 The lowest tender was received from Sacco Construction Ltd. in the amount of $74,545.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Wo~s Fire Services Parks, Recreation & Culture Business Development 2001-10-01 2 Financing: The Engineer's estimate for this contract was $80,000.00. Project Costs: Awarded Contract Net G.S.T. 3% TOTAL Funding: Capital Construction Program Balmoral Subdivision TOTAL $74,545.00 $ 2,236.35 $76,781.35 $43,000.00 $37,000.00 $80,000.00 MW2001-129 proved by: John MacDonald Executive Director of Community Services This project is scheduled to commence on October 15, 2001. All works are to be completed within 15 working days. Council's concurrence with the recommendation made would be appreciated. Prepared by: Frank Higgins, C.E.T. Manager of Projects .q Recog~ninded b~y:~--- Ed Dujlovic7 P. Eng. Director of Municipal Works Respectfully Submitted by: Edward P. Lustig Chief Administrative Officer As indicated above, sufficient funds are available from the Capital construction Program and the Developer of Balmoral Subdivision to complete this work. Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafatls.on.ca Ed Dujlovic, P, Eng. Director MW-2001-131 File G- 180-8 October l, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-131 Purchase of Hardware for Traffic Sign Management Application RECOMMENDATIONS: It is recommended that Council authorize the expenditure to purchase two Fujitsu 3500 Stylistic Computers and two AgAGP 124 GPS receivers and accessories from Halltech Atmospheric Systems at a cost of $28,722.12, plus taxes. BACKGROUND: Early this year, the development of a customized Traffic Sign Management Application that integrates with the City's Municipal Infrastructure Data Standard (MIDS) commenced. The project includes the development of a software package capable of storing field information pertinent to sign assets. The field information acquired will be useful in assessing existing sign inventories, will enable the scheduling of regular maintenance programs and will provide sign attributes such as: · what signs are in the field · where are they what condition are they in · what maintenance and capital investment is required · what is the value The hardware proposed for the collection of the field inventory includes the use of a GPS receiver and a field computer. Future enhancements to include the use of a laser unit is being considered and will be evaluated to determine the increased productivity and accuracy that may be obtained by using a handheld distance measuring device. Halltech Atmospheric Systems have provided the lowest quote for the Fujitsu Stylistic 3500 Outdoor Pen Tablet Computer package and has provided the sole quote for the Trimble AgGPS !24 package. The following identifies the quotes received: October 1,2001 -2- MW-2001-131 Company Halltech Atmospheric Systems Equipment (2) Fujitsu Stylistic 3500 Outdoor Pen Tablet Bid $14,651.22 Filbitron (2) Fujitsu Stylistic 3500 Outdoor $17,965.30 Pen Tablet Halltech Atmospheric Systems (2) Trimble AgGPS 124 $14,070.90 Cansel (2) Trimble ProXRfXRS $15,320.58 uses proprietary software Costs include all peripheral hardware such as battery packs, chargers, outdoor cases etc. but do not include taxes. This equipment is sufficient in enabling staff to commence sign attribute collection in a reliable and efficient manner. The proposal is to outfit two sign crew vehicles with the appropriate hardware. The necessary funds have been set aside in account G-008-5300~2701. Council's concurrence with the recommendations outlined in this report would be appreciated. par~ed by: ]~Manlager of Traffic & Parking Services EdT)ujlovicfP. Eng., Director of Municipal Works ~l~proved by: · E°~~ Mt 'a~~l~mmunity Service s Respectfully Submitted by: Edward P. Lustig, Chief Administrative Officer S:\TRAFFIC~dEPORTS~200 B2001 Council~MW2001 - 131 .wpd The City of Niagara Falls Canada Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: wvc. v.city,niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on,ca October 1, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council, City of Niagara Falls, Ontario. Members: Re: MW-2001-132 Winter Sand (2001-2002) Season - Regional Tender 2001-T-27 Ed Dujlovic, P. Eng. Director MW-2001-132 RECOMMENDATION: It is recommended that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Vineland Quarries for the unit prices tendered. BACKGROUND: The City of Niagara Falls again participated with other Municipalities through Regional tendering. The work consists of approximately 7,800 tonnes of screened sand, delivered to and mixed at our Stanley Avenue Service Centre. Low bidder for City of Niagara Falls was: Vineland Quarries $101,946.00 Staff recommends the tender by Vineland Quarries for supplying, delivering and mixing with salt, and stock-piling be accepted. The tender costs are the same as 2000-2001 and therefore represents a 0% increase. Prepared by: Opera~ ns Superintendent ReCom~ ~.~- ~vi[r, P.Eng. Director of Municipal Works pproved by: ,/ John MacDonald Director of Community Services Respectfully Submitted by: Edward P. Lustig ~ )/' '~ Chief Administrative Officer Working Together to Serve Our Community Municipal Wod<s Fire Services Pad<s, Recreation & Culture Business Development Building & By-Laws The City of ~'~lf Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akonl~city.niagarafalls.on.ca Adels Ken Director R-2001-40 October 1, 2001 His Worship Mayor Wayne Thomson, and Members of Municipal Council, City of Niagara Falls, Ontario. Members: Re: R-2001-40 2001 Sports Wall of Fame Inductees RECOMMENDATION: That Council endorse the following Inductees to the 2001 Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall of Fame Committee: 1900 - 1950 Era Bert Bromhall Nick Phillips Jim 'Butch' Somerville Wilber Smith Athlete Athlete Athlete Athlete 1951 - 1970 Era Antonio Pugliese Bill (Skip) Johns N.F. Citizens Juvenile 'A' OBA Champions Athlete Builder Team 1971 - 1990 Era Caverly Dugouts Fastball Team Tim Lefebvre Niagara Springettes 1980 Team Athlete ~am BACKGROUND: The Sports Wall of Fame Committee reviewed the Nomination Forms submitted and selected the above- listed Nominees for Induction to the 2001 Niagara Falls Sports Wall of Fame. The 2001 Sports Wall of Fame Induction Ceremony will be held on Sunday, January 20, 2002 at the Niagara Falls Memorial Arena. Respectfully Submitted: AK/ll/das &\Council\Council 200 IkR-2001-40.wpd Municipal Works Paisley Janvary-Pool, Chairperson Sports Wall of Fame Committee }Forking Together to Serve Our Community Fire Services Parks, Recreation & Culture Business Development Community Services Department Parks, Recreation & Culture 7565 Lundy's Lane Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-7404 E-mail: akon@city.niagarafalls.on.ca October 1, 2001 Adele Ken Director R-2001-4t His Worship Mayor Wayne Thomson, and Members of Municipal Council, City of Niagara Falls, Ontario. Members: Re: R-2001-41 Simon's Restaurant RECOMMENDATION: It is recommended that this report be received and filed for information. BACKGROUND: At the Civic Committee Meeting held on August 30, 2001, the Committee approved that a bronze plaque be presented to Pat and Rose Simon in recognition of Simon's Restaurant being established at Bridge Street and River Road for over 100 years. The Civic Committee would like to extend an invitation to Members of City Council and all Citizens of Niagara Falls to attend the plaque dedication ceremony on Friday, October 5,2001,9:00 a.m. at Simon's Restaurant. mitted: Aldermad Shirley Fi~fier Co-Chairperson, Civic Committee Co-Chairperson, Civic Committee AK/VS/das S:\Council\Counci12001\R-2001-4 l.wpd Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.cii~.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: munwks@city.niagarafalls.on.ca Ed Dujlovie, P. Eng. Director MW-2001-130 File G-180-01 October 1, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-130 Municipal Parking & Traffic Committee Recommendations - September 18, 2001 Meeting RECOMMENDATIONS: 1) MW-2001-107 - Hi~hland Avenue - Parkin~ Review It is recommended that no changes be made to on-street parking on Highland Avenue between Cook Street and Frederica Street at this time. 2) MW-2001-108 - Portage Road - Parking Review It is recommended that a parking restriction be implemented on the east side of Portage Road from Virginia Street to a point 70m south. 3) MW-2001-113 - Willoughby Drive - Truck Traffic It is recommended that this report be received for the information of the Committee. 4) MW-2001-114 - Atlee Street at Dell Avenue - Intersection Control Review It is recommended that a stop sign replace the existing yield sign at the following locations: 1) the north intersection approach of Pope Avenue at Hawkins Street; 2) the east intersection approach of Pope Avenue at Cadham Street; and, 3) the south intersection approach of Pope Avenue at Arad Street. 5) MW-2001-115 - Morrison Street at St. Clair Avenue - Intersection Control Review It is recommended that an all-way stop be installed at the intersection of Morrison Street and St. Clair Avenue October 1, 2001 -2- MW-2001-130 MW-2001-116 - Epworth Circle at Kincaid Place - Intersection Control Review It is recommended that: 1) a stop sign be installed on: a. the west intersection approach of Epworth Circle at Kincaid Place; b. the southeast intersection approach of Epworth Circle at Wesley Place; c. the north intersection approach of Epworth Circle at St. Lawrence Avenue; and, 2) a yield sign be installed on the south intersection approach of Epworth Circle at College Crescent. 7) MW-2001-117 - Drummond Road (South of Crimson Drive) - Parking Review It is recommended that a "no parking" restriction be implemented at all times on the east side of Drummond Road from Crimson Drive to a point 90 metres south of Crimson Drive. 8) MW-2001-118 - Preakness Street / Paddock Trail Drive - Heavy Vehicle Restriction It is recommended that: 1) heavy vehicles be prohibited on the entire length of Preakness Street; and, 2) heavy vehicles be prohibited on Paddock Trail Drive between Kalar Road and Preakness Street. 9) MW-2001-126 - Expansion to Permit Parkin~ - New Casino It is recommended that no changes be implemented to on street parking at this time to the areas outlined below, in the report. BACKGROUND: The Municipal Parking and Traffic Committee, at its meeting of September 18, 2001, considered the matters noted and formulated the recommendations above. Council's concurrence with the recommendations outlined in this report would be appreciated. Respectfully submitted by: for Alderman Kim Craltor, Chairperson, Municipal Parking & Traffic Committee Corporate Services Department Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: planning@city.niagarafalls.on.ca Doug Darbyson Director PD-2001-90 October 1, 2001 His Worship Mayor W. Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD-2001-90, Conversion of Former Beatties Store, 4555 Queen Street RECOMMENDATION: It is recommended that Council receive this report for information and no further action be taken at this time. BACKGROUND: At the August 13,2001 meeting of Council, the Downtown Board of Management presented a copy of a petition to the Alcohol and Gaming Commission opposing a liquor licence application for 4555 Queen Street with a request for Council's support. Council adopted a motion "to approve the request, in principle, and that staff come back with a report on the matter". At the September 10, 2001 Community Services Committee meeting, members considered a staff report on the matter which stated the use complied with the Central Business (CB) Commercial zoning of By-law 79-200. It was also noted that this is a new operation with no history of problems and that enforcement comes from liquor licence inspectors and regional police services officers. The owner was present September I0, 2001 and noted that he had downsized his proposed establishment to 200 people, that he intended to operate a responsible business and that he would be spending $250,000 to upgrade the facility. A representative of the Downtown Board felt he needed to take this information back to the Queen Street Board. A motion was passed to defer action on the request to allow the operator and the Downtown Board of Management to meet and that the matter would return to City Council. Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development October 1, 2001 - 2 - PD-2001-90 The operator and Downtown Board met on September 13,2001. Following the meeting, the Board reconfirmed its opposition to any further licensed establishments on Queen Street. The liquor licence application is awaiting a hearing date. The Downtown Board will present its position to the Liquor Licensing Board. No further action is necessary. Prepared by: Alex Herlovitch Director of Planning & Development Respectfully submitted: Edward~p~ a~ Chief Administrative Officer Recommended by: irUg Darbyson ector of Planning & Development Approved by: Tony Ravenda Executive Director of Corporate Services AH:tc FILE S 5PDR~2001 kPD2001-90.wpd Report of Body Rub Parlour Committee Re: Marijana Kovinic IN THE MATTF. K of a Heating pursuant to the Munici£al.4ct and By-law Nos. 1999-164 and 2801-91 AND IN THE MATTER OF a Hearing regarding Mnrijana Kovinic Stage l Eligibility requirements in hex application for a Body-Rub Parlour Owner's Licence INDEX 2. 3. 4. Summm'y of Bvidc~cc ............................................................................ Page 2 Summary of Ar~ments presented by ~he parlies .................................... page 3 Findings of Fact ..................................................................................... Page 3 Recommendations olive Commi~ee w~ reasnns therefor .....................Page 4 Page 1 of 4 09/06/01 'rHU 15:18 FAX 905 358 S086 Sellna Volpatt! ~0q3 1. SUMMa~RY OF EVIDENCE Application for Body-Rub Parlour Owner's Li¢or~e ofMarij~a Kovinlc dated January 5, 2001; Copy of letter from Niaiara Re/ional Police Service, dated March 1, 2001; Copy o£1etter from the City Clerk, dated April 1S, 2001; Copy of lease betw~ Jibed Malak and Madjana Kovinic, dated July 14, 2000; Copy of amended lease between ~F~had Malak snd Marijana Kovinic, dated luly 14, 2000; Copy of letter from C_rraydon Sheppard, representin~ Zika Kovinic, to Malcolm C-r~hAm. representing Jihad Malak~ Copy of Agreement o£Purcbase and Sale between pm-cheer Zika Kovi~c, ;n tnlst, and vendor, Iihad lvfdak, dated June 30, 2001; Statements of Mr. Ray Kallio, solicitor for tho City of Niagara Falls; Statements of Mr. Lui~i D~Lisio, solicitor for Marij=~ Kovini¢; Testimony of Ms. Marijana Kovini~.. Pa§e 2 of 4 OU/0§/O1 rI'HU 15:18 ~'AX ~05 ~58 5086 $~llna Volpatt1 ~004 SUMMARY OF ARGUMENTS PP. ESBNTED BY ~ PARTIES Mr. K~o for ~e C~ ofNiag~ F~ a. ~. ~o, as soH~tor for ~ Ci~ ofNhg~a F~s, clams ~at t~ Stage 1 appli~tion of Ms, Ko~c c~ot proceed becau~ the lease w~ch she m p~ ofh~ application for a Body-~b P~lous ~'s ~cence, dated J~u~ 5, 2001, was not ~ compli~,~ ~ Se~on 11 (1) b of By-Law 99-164. T~s section requ~es ~b~on of a copy of the l~so or ~y other docm~t crea~ or ~g ~e leg~ rela~om~p b~em ~e app~c~t ~ ~e rendered o~ of~e prope~. b. ~e ~py of ~e l~e ~b~ed by ~. Ko~c on ~a~ 5, 2001, ~d ~d on ~ 4, 2001. c_ Subsequ~y, Ms. Ko~c sub~R~ the ~e l~se ~ above, ~ the t~lm c~ed, ~d to mn ~om Febm~ 1, 2001 to ~y 31, 2001. d. ~. K~o, on ~ofthe CiW of~ag~ FMls, cl~ th~ nether ~e ~ir~ I~s~ nor the ~d~ I~ ~IM~t ~e ~q~ts of~o By-~w. The ~st by ~e ofb~ ~pk~ w~ void ~d ~er~ore unacceptable. ~e s~nd w~ ~cept~le b~ause ~ t~ of~e l~s~ w~ ~r o~ 4 mon~ w~o ~o of the H~e was for 1 y~. ~ appHc~t ~d not demonstrate that ~e Md v~d rifle to ~e prop~ for ~e licking period. c. Fu~e~ore, ~ere is nothing ~ ~w or ~ ~ to in&cate that ~. Ko~c had ~y interest ~ th~ Ired ~cept for ~e p~o& des~bed ~ ~e Ieee, ~ch Sd not ~cspond to ~e t~ of~e Ac~r~ to 5e~on 11 (1) ~) of~ By-Law, ~ere is no leg~ ~t to usc ~c prope~ becau~ ~e t~ ~d g. T~ t~f~e l~e w~e ~so ~ dou~ b~c~se ~. Ko~c clued ~ h~ t~timony to have p~d the l~ord ~1,350.00 money, ~d not ~e $2,000.00 montMy presc~bed ~ ~e l~e doc~ent. Page 3 of 4 1'[ Mr. DeLislo for Marijana Kovinic a. Mr. DaL~sio sr~ued that MS, I~oviriic's tenancy continued on a month-to-month basis after the term oftha lease hsd expired, and that this was s~ffi¢ient to comply with Section 11 (1) (b) of the By-Law. FINDINGS OF FACT a. No evidellce ~ ~tlbmltt~l to th~ Comm|tIl~ to prove that Ms. Kovinic had title to the property. R.ECO~ATION5 OF COMMITTEE WITH REASONS TIi~3~FOR: a. The Colllmittee flllds that Ms. Kovillic did not comply with Section 11 ( 1 ) (b) of the By-Law b~cause she did not prove that she had legal rifle to the property for the duration oftha term oftha license. b. The Committee recommends that Council direa the Clerk not to proceed with processin~ the application unless and uniil: i. Ms. K~m~,~c provides documentation on or before 4:30 p.n~ on the eleventh day of October, 2001, that she is either the owner or tenant 0fthe proper~y, failin~ which the application will not be processed.; ii. Sunh documentation must ~omply with Section 11 (1) (b) of the By-Law, 'and must be acceptable to thc Clerk of thc City of Iqia~ara FalLs. Page 4 of 4 ~§/04/01 TUE 15:04 FAX 90~ 3~8 $056 Sellna Volpatri ~OOl Aldcrmm Art Federow Alflennan Ce&W Hendershot Ald~erm~n ~/srolynn Ioannoni Alde~man 5elins Volpatti (Chair) Niagara Falls Ca nad~,~~' Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.cily.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905)374-7500 E-mail: rkallio@city.niagarafalls.on.ca R.O. Kallio City Solicitor September 19, 2001 Mr. Luigi DeLisio Barrister and Solicitor 16-261 Martindale Road St. Catharines, Ontario L2W lA2 Dear Mr. DeLisio: Kovinic, Marijana Application for Body-Rub Parlour Owner's Licence Further to our letter dated September 7, 2001 and further to your letter wherein you requested that this matter be deferred so as to give you time to review the said report of the Committee and to confer with your client, we wish to advise you that Council at its meeting of September 10, 2001 directed that the above-named matter be deferred to Monday, October 1, 2001 at 6:00 p.m. in the Council Chambers, at City Hall, in Niagara Falls. You are hereby requested to attend should wish to make any representations, submissions or other rights with respect to the report submitted by the Committee to Council. If you have any questions or comments, please do not hesitate to contact me. ROK:mm encl. E. C. Wagg City Clerk City Solicitor Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems · Legal Planning & Development