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2002/07/15FIFTEENTH MEETING COMMITTEE -OF- THE -WHOLE Committee Room #2 July 15, 2002 Council met on Monday, July 15, 2002 at 5:30 p.m. in Committee -of -the Whole. All members of Council, with the exception of Aldermen Campbell, Feren, Orr and Puttick, were present. His Worship Mayor Thomson presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, atk' DEAN 10 ID CITY CLERK WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers July 15, 2002 Council met on Monday, July 15, 2002 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Aldermen Campbell, Feren, Orr and Puttick, were present. Alderman Art Federow offered the Opening Prayer. Alderman Kim Craitor indicated a pecuniary interest from Community Services Committee on Report F- 2002 -46, Cheque Nos. 268911; 268882; 268285; 268393; 268238;268467; 268446; 268717; 268885;268833 and 268321 because a member of his family is employed by the Region. Alderman Art Federow indicated pecuniary interests from Community Services Committee on Report F- 2002 -46, Cheque Nos. 268252 and 268428 because a member of his family is employed by the recipient; and on Report No. F- 2002 -45, Niagara Falls Humane Society, because he has ongoing issues and indicated a pecuniary interest on Report MW- 2002 -67 because he resides in Willoughby. Alderman Carolynn loannoni indicated a pecuniary interest from Community Services Committee on Report F- 2002 -46, Cheque No. 268869, because she is the recipient. DISCLOSURES OF PECUNIARY INTEREST Niagara Bigga Tomatafest -2- Alderman Victor Pietrangelo indicated a pecuniary interest from Community Services Committee on Report F- 2002 -46, Cheque No. 268428, because he is employed by the Niagara Catholic District School Board; and ontReport MW- 2002 -92 dealing with the residential tax waste. Alderman Paisley Janvary-Pool indicated a pecuniary interest from Community Services Committee on Report F- 2002 -46, Cheque No.268573, because she is the recipient. Alderman Selina Volpatti indicated a conflict of interest from Community Services Committee on Report MW- 2002 -89 because her husband is a member of Club Italia. DEPUTATIONS Ms. Carol Henderson, Niagara Parks Commission provided information on the upcoming Fourth Annual Niagara Bigga Tomatafest fundraising event; and Ms. Carol Stewart- Kirkby, United Way, extended an invitation to the community to attend this fundraising event and requested that Council proclaim the week of August 12 August 18 2002 as "Niagara Bigga Tomatafest Week" in the City of Niagara Falls. Following the presentation, it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman Fisher, that August 12 August 18, 2002 be proclaimed as "Niagara Bigga Tomatafest Week" in the City of Niagara Falls. Carried Unanimously. His Worship Mayor Thomson thanked the participants for their presentation and extended best wishes on the upcoming event. Monteith Planning Consultants Limited Ms. Jean Monteith, of Monteith Planning Consultants, provided an update on the status of the City's Comprehensive Zoning By -Law Review Project; advised that the objective of the project was to prepare a new single document for the City by February, 2003 from the four existing by -laws and that the document would be restructured in a format that was clear, concise and user friendly; she advised that meetings had been held in April with focus groups in the tourist sector; the development, agriculture, industrial and retail sectors. She indicated that some of the issues raised had been parking; Bed Breakfast standards; front yard setbacks; a range of issues in the tourist districts; accessory uses; the function of the downtown and the role of the agriculture component in the community. She advised that good progress was being made on the document and that the first draft document was coming back to Council soon. His Worship Mayor Thomson thanked the speaker for her presentation. Animal Population Control Report L- 2002 -33 Chair Re: Second Report of Ad Hoc Committee on Animal Population Control. The report recommends that the revised recommendations set out in Schedule "A" attached hereto, be adopted and the by -law attached as Schedule "B" be passed. -3- -AND Communication No. 110 David Alexandra Woodhouse. The communication advises as being in favour of the proposed by -law. Communication No. 111 Ms. Dorothy Brandt. The communication advises as being in concurrence with the revised recommendations as set out in the by -law. His Worship Mayor Thomson received a positive response to his request for a show of hands by persons present who were interested in the application. The Chair of the Ad Hoc Committee on Animal Population Control reviewed the recommendations in the report with, the following revisions: (1) That the chicken coop shall be located at least 25 feet from the rear lot line of the lot on which the chicken coop is located; and shall be located at least 15 feet from any side lot line on which the chicken coop is located; (2) That the rabbitry shall be located at least 25 feet from the rear lot line of the lot on which the rabbitry is located; and shall be located at least 15 feet from any side lot line on which the rabbitry is located. Discussion ensued with respect to the number of chickens and rabbits that could be permitted. Ms. Dorothy Brandt, Heather Avenue advised that she had no objection to the proposed recommendation that the permitted number of chickens would be 20. She enquired whether the Health Department could be included in the By -law to deal with complaints and concerns. She was advised by the City Solicitor that the Department of Health could be called upon to deal with any complaints within their jurisdiction. Mr. Carl Grice, Heritage Drive, who is involved with the Niagara Grey Hound Rescue Organization, enquired whether consideration could be given to waiving the kennel licence for this type of organization. The Chair of the Ad Hoc Committee advised that through discussions with the City Solicitor, that the issue of kennel licence fees have to be reviewed and that a recommendation of a zero kennel licence fee for a bonafide animal rescue organization be considered. Following further discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, to approve the rear yard and side yard setbacks as outlined; and further that Schedule "C" Chickens be amended to reflect that on and after July 15' ,2002 the maximum number of chickens permitted will be 20; and that on and after July 15 2005 the maximum number of chickens permitted will be 10; and further that Schedule "D" Rabbits be amended to reflect that on and after July 15 2002, the maximum number of rabbits permitted will be 10; and that on and after July 15 2005 the maximum number of rabbits permitted will be 6. Carried Unanimously. See By -law No. 2002 -129 -4- CURRENT PLANNING MATTERS UNFINISHED BUSINESS PD- 2002 -48 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 32/2000, 5840 Dunn Street; Proposed 4- Storey, 16 Unit Apartment Building; Michael Colaneri Tara Colaneri. The report recommends that Council pass the resolution appearing on tonight's agenda which states that no further notice is required in respect of the revised amending by -law and that Council pass the amending by -law to permit the construction of a 4- storey, 16 unit apartment building at 5840 Dunn Street. AND Communication No. 112 Michael Tara Colaneri. The communication provides clarification with respect to the efforts that the applicants have made regarding notifications to the neighbours and modifications to their application. AND Communication No. 113 (HANDOUT) Michael Tara Colaneri. The communication provides diagrams and descriptions relating to the proposed application. AND RESOLUTION THAT the Council of the Corporation of the City If Niagara Falls hereby determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by -law for application AM- 32/2000 (Michael Colaneri Tara Colaneri, 5840 Dunn Street regarding a proposed 4- storey, 16 unit apartment building) are minor in nature and do not require any further notice. -AND By -law No. 2002 -117 To amend By -law 79 -200, as amended. His Worship Mayor Thomson received indication that the applicants, Michael and Tara Colaneri 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. The Director of Planning and Development provided a brief overview of the events that had taken place with respect to the proposed application; he stated that the developer felt that several concessions had been made with a further reduction in building height and units and was requesting Council approval of the proposed zoning by -law. He further advised that the staff report summarized the discussions had with the area residents and staff believed that there was no solution to this matter. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Ms. Dawn Damiano, 6628 Ailanthus Avenue, was in attendance on behalf of the residents in the area, addressed the issues of height reduction; set backs; site specific modifications; the reduction of landscape space and the number of allowable units and requested that Council deny the application. Mr. Michael Colaneri addressed the issues of height allowance; density; reduction of parking and shadowing projections and requested that Council approve the application. -5- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 32/200, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the application be denied. The motion Carried with Alderman Janvary-Pool voting contrary to the motion and with all others voting in favour. PD- 2002 -68 Chief Administrative Officer Re: Public Meeting; Garner Estates Phase 4 Draft Plan of Subdivision; Owner: River Realty Development (1976) Inc. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Garner Estates Phase 4 Draft Plan of Subdivision. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance to Regulations on January 28, 2002. His Worship Mayor Thomson advised that no decision would be made at this meeting and that the purpose of the meeting was to receive information and provide an opportunity for public input; following which the Planning and Development Department would consider all comments received and prepare a report to Council at a future meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. Mr. John Mestick, on behalf of the applicant provided a brief overview of the proposed application; he advised that the applicant proposed to subdivide an 28.29 acre site into 70 single detached lots, 26 semi detached lots for an institutional use, stormwater management area and parkland dedication. He indicated that the development surrounds recently approved sites for a church and high school; stated that the land was currently zoned Development Holding and the applicant was requesting that the zoning be changed to Residential Single Family 1 E Density category; to the Residential Single Family and Two Family zone and to a Special Institutional classification. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Henry Badger, Brookefield Avenue, expressed concerns regarding the storage of surface water with the drainage system from the development being redirected and the water being delivered to his property. He requested clarification on the designation of vacant land vs agricultural land, when the land was used for farming. The Director of Planning and Development provided clarification on updates that had been made dealing with engineering principles and standards The Director of Municipal Works responded to concerns expressed regarding the principals of storm water management and modifications to the Stormwater Master Plan. Anna Marie Rolfe of 6954 KeIIy Drive, Eloise Thompson of 6912 Kelly Drive and Catherine Pascente of 6906 KeIIy Drive expressed concerns with respect to the Zack of sidewalks on Kalar Road; the condition of the 6 vacant Tots in the area and of speeding vehicles on Kalar Road. -6- The Director of Municipal Works advised that staff were aware of the lack of sidewalks in the Kalar Road area and were looking into solutions to the matter before September. Mr. Fred Peck, 7160 Garner Road, enquired whether the natural ditch that was facing east would be cleaned up and where would the water be diverted once the development had been established. Mr. Henry Wojnarowski, 7000 Garner Road, expressed the opinion that there were substantial water problems in the area and questioned why were higher density lots being proposed next to lower density lots. The Director of Planning and Development provided clarification regarding the definition of low density and advised that in time, Garner Road will be redeveloping into a higher density area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Garner Estates Phase 4 Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the comments made be referred to staff. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest due to a future place of employment. Following the discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that staff look into the issue of the lack of sidewalks on Kalar Road; that the 6 lots in the area be cleaned up and that the matter of speeding along Kalar Road be referred to the Police Department. Carried Unanimously. PD- 2002 -64 Chief Administrative Officer Zoning By -law Amendment Application; AM- 0312002, 5046 Centre Street; Applicant: Niagara Princess Hotels; Agent: Michael Allen; Proposed 10- storey Hotel. The report recommends that Council approve the Zoning By -law amendment application for 5046 Centre Street to permit the development of a 10- storey hotel building. -AND Communication No. 114 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of this application. His Worship Mayor Thomson declared the Public Meeting open and 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 June 14, 2002. His Worship Mayor Thomson received indication that Mr. Michael Allen, Agent, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review and advised that staff were recommending approval of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Charlie and Ms. Teresa Park, owners of the Cavalier Hotel, indicated opposition to the proposed development; and expressed the following concerns: further traffic congestion in the area; the creation of a shadowing effect as a result of the proposed development; the effect Of noise as a result of the construction on their business. Mrs. Ellen Mazi, McGrail Avenue indicated opposition to the proposal and expressed traffic concerns and congestion on McGrail Avenue and Centre Street. Mr. Michael Allen provided clarification with respect to the concerns expressed and advised that all construction material would be contained within the site; advised that shadowing was not an issue; that the use of intense landscaping along McGrail Avenue would improve the area; stated that construction was to begin in the fall; stated that a traffic study had been conducted on site and was in favour to the site. He indicated that buses are to be circulated onto Ellen Avenue from the site. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 03/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. -7- PD- 2002 -65 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 22/2002, 6563 Main Street; 5481 Dunn Street and 6546 Stanley Avenue; Applicant: Helias Enterprises Limited; Agent: Steven Latinovich; Proposed Expansion to the Horseshoe Inn. The report recommends that Council approve the Zoning By -law amendment application to permit a one -to- eight- storey addition to the Horseshoe Inn. AND Communication No. 115 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the approval of this application. -AND Communication No. 116 The Niagara Parks Commission. The communication advises as having no objection to the application provided that it is reviewed and approved by the Architectural Peer Review Committee. 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 June 14, 2002. His Worship Mayor Thomson received indication that Mr. Steven Latinovich 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. -8- He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report and indicated that planning staff were in support of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a 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- 22/2002, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. PD- 2002 -66 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 19/2002, 4610 Ferguson Street; Applicant: Christopher J. Johns; Proposed Temporary Use By -law. The report recommends the following: 1. That Council approve the temporary use by -law application for a second dwelling for the property known as 4610 Ferguson Street for a period not exceeding three (3) years; 2. That Council refer zoning for the residential uses south of Ferguson Street to the City's consultant to be considered as part of the comprehensive Zoning By -law review. -AND Communication No. 117 Canadian National Railway Properties Inc. The communication requests that the clause (as specified) be inserted in all development agreements, offers to purchase, agreements of Purchases and Sales or Lease and be included in a Noise Impact Statement. 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 June 14, 2002. His Worship Mayor Thomson received indication that Mr. Christopher J. Johns, 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. -9- His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report and stated that provided this use does not continue indefinitely the proposal does not offend the Official Plan and is compatible with abutting land uses and therefore, a three (3) hear temporary use by -law is recommended for approval. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the application be received and adopted. Carried Unanimously. PD- 2002 -67 Chief Administrative Officer Re: Regional Policy Olan Amendment No. 161, Estate Residential Subdivision; Miller Road South. The report recommends that Regional Policy Olan Amendment No. 161 be approved in principle until such time as the large Regional and City, amendments and implementing the estate residential designation for the Willoughby Land Use Study are finished. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2002 -69 Chief Administrative Officer Appeal to Zoning by -law 2002 -113; AM- 34/2001, Orchard Grove West Draft Plan of Subdivision. The report recommends that Council reaffirm through resolution, the passing of By -law 2002 -113. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that Council reaffirms through resolution the passing of By -law No. 2002 -113. Carried Unanimously. See Resolution No. 10 PD- 2002 -70 Chair, Local Architectural Conservation Advisory Committee Re: Matters Arising from the Local Architectural Conservation Advisory Committee. The report recommends the following: 1. That Council appoint Phoebe Jean (Carol) Ede to the Local Architectural Conservation Advisory Committee (LACAC) for the remainder of the current term; 2. That Council direct staff to investigate the use of the new Heritage Property Tax Reduction or Refund Program and that LACAC work with staff and report back to Council. Through secret ballot, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that Ms. Anna Lee be appointed to the Local Architectural Conservation Advisory Committee (LACAC) for the remainder of the current term. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES See By -law No. 2002 -099 ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that the Minutes of the Planning /Regular Meeting of June 17, 2002 be approved as printed. Carried Unanimously. -10- MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS Canada Day Ceremonies His Worship Mayor Thomson congratulated all those individuals who were involved in the Canada Day ceremonies and requested that a letter of appreciation be forwarded to Vito Scaringi of Parks, Recreation and Culture and to all the individuals that were involved in the very successful Canada Day ceremonies. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that a letter of appreciation be forwarded to Vito Scaringi and to all the individuals that were involved in the very successful Canada Day ceremonies. Carried Unanimously. Medieval Festival His Worship Mayor Thomson congratulated Mr. Will Beaudoin and all the individuals who were involved in the Medieval Festival Activities on Queen Street. He expressed his disappointment at the poor turnout and expressed the hope that the community would provide better support of the event next year. World Youth Day 2002 His Worship Mayor Thomson provided information on World Youth Day, being held on July 19` 2002 at Queenston Heights Park, with Bishop James Wingle celebrating Mass, with people from around the world attending. Multi -Faith Council His Worship Mayor Thomson referred to Multi -Faith Day and to a peace vigil to be held on September 11, 2002 at Firemen's Park in remembrance of the events of September 11, 2001 along with the participation of the Mayor Irene Elia of Niagara Falls, New York. He advised that Aldermen Fisher and Janvary-Pool with a report back to Council on the matter. Spare the Air Program Mayor Thomson referred to the Initiation of a "Spare the Air" program through the efforts of the Niagara Parks Commission and the City, to improve the air quality in the area; he presented a sign to members of Council which displayed "Please turn off your engine, when parked" working in partnership for a healthier environment. Mid Peninsula Corridor His Worship Mayor Thomson referred to correspondences related to the proposed Mid Peninsula corridor report, dealing with the impact on farmlands, the ecology; streams and the impact on tourism and business related activities in the future. Letters of Condolence ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late James Robert Gould, co -host on Daytime, COGECO, Cable 10. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of Buddy Lowe, on the recent passing of his mother, Margaret Lowe. Carried Unanimously. COMMUNICATIONS Communication No. 118- The Arthritis Society, Niagara Falls Branch Re: National Arthritis Month. The communication advises that September is "National Arthritis Month" and requests that a flag raising ceremony be held on Thursday, August 22, 2002 at 11 a.m., and further that the flag remain displayed until the end of September, 2002. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the requests be approved. Carried Unanimously. Communication No. 119 The Town of Markham Re: Bill 124, Proposed Amendment to Section 41 of the Planning Act (Site Plan Control). The communication requests Council support of recommendations requesting the Province amend Bill 124 to delete the proposed changes to Section 41 of the Planning Act and that municipalities should be given broader legislative powers with respect to matters of urban design. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 120 Memorandum City Clerk Re: Arts Culture Commission Applicants. The communication requests approval of the appointments of Kathy Etherington, Nancy McDonald and Janice Wiggins to the Arts Culture Commission. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that Council approve the three appointments to the Arts Culture Commission. Carried Unanimously. Communication No. 121 Memorandum City Clerk Re: BIA Budgets. The submission of the annual budget requests for the various BIA's, including the Victoria Centre BIA. be approved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the budget requests be approved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS 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 2002 Community Services Committee Minutes; 2. Report R- 2002 -37 Skate Park Proposal and Skate Park Sites that the Committee support the approval of Van der Zalm and Associates to carry out the design and defer the location of the Park pending a CPTED audit; 3. Report R- 2002 -38 Coronation 50 Plus Recreation Centre Room Rental Rate Review that the Committee support the Coronation Centre Room Rental Policy Rates for implementation on September 1, 2002; 4. Report R- 2002 -39 Proposed Cemeteries Business Plan that the proposal P50- 02, for a Cemeteries Business Plan from Bruzzese Minshull Associates be approved at a cost of $25,000; -12- 5. Report R- 2002 -41, Winter Ice Schedule for Municipal Arenas that the Committee approve the Schedule for the 2002/2003 Season and that a report addressing the concerns fo the Niagara Skating Club be brought back to Council; 6. Report R- 2002 -42 Proposal #P38 -02 Supply and Installation of Creative Play Space Equipment at Cherryhill Park that the contract be awarded to Henderson Recreation Equipment for the supply and installation of creative play space equipment at Cherryhill Park, at a cost of $29,985.03, including taxes and that a letter of thanks be sent to Mr. Bill McGee of Saturn for his contribution; 7. Report R- 2002 -45, Amendment to the Chippawa Lions Club Incorporated Lease Agreement with the City that the lease agreement between the City and The Chippawa Lions Club Incorporated be amended; 8. Report F- 2002 -46 Municipal Accounts that the Community Services Committee approve the municipal accounts totalling $17,692,073.88 for the period ending July 15,2002; 9. Report F- 2002 -45 Niagara Falls Humane Society Funding that the Committee approve an increase $15,650.00 to the annual fee fro serk,ces for the Niagara Falls Humane Society; 10. Report MW- 2002 -90 Main Street Closure Study Update Class Environmental Assessment that the Main Street Environmental Assessment be published with option 4 as the preferred option; 11. Report MW- 2002 -92 Farmland and Vacant Residential Waste Management Flat Tax that for 2003 lands classified as farm property be charged at 25% of t he rate established for the residential flat tax in 2003; 12. Report MW- 2002 -93 Fallsview Boulevard /Robinson Street On- Street Pay Parking that parking meters, taxi stands, no stopping anytime and not standing anytime be implemented on Robinson Street and Fallsview Boulevard; 13. Report MW- 2002 -89 Northwest Quadrant Watermain Extension Cost Sharing Formula and Condition that staff be directed to prepare cost sharing agreements with each benefitting property owner in accordance with the terms ad conditions described in this report; 14. Report MW- 2002 -86 Request to Delete Sidewalks Mount Forest VI /Flowers Estates Subdivision Grouse Lane /Silvan Street that the request to delete the requirement for the installation of sidewalks be approved and the securities held be reduced accordingly; 15. Report MW- 2002 -91 Calaguiro Estates Phase II Extension o Subdivision Agreement that the request by Kybala Ventures Inc., to extend the term of the original agreement for the Calaguiro Estates Plan of Subdivision be approved; 16. Report MW-2002-98 Intersection of Victoria Avenue/Centre Street/Clifton Hill that this report be received and filed; 17. Report PMP- 2002 -01 People Mover Project Parking Strategy Study and Ridership Revenue Forecast that Council proceed to engage consultants for the above noted Parking Strategy; (study, in accordance with the Terms of Reference attached hereto, subject to receiving funding to cover all costs related thereto from Falls Management Company; -13- 18. Resolution that the Regional Municipality of Niagara be requested to install a left turn on Portage Road at the Neighbourhood of St. David's. Carried See By -law No. 2002 -131 MW- 2002 -88 Chief Administrative Officer Re: Stanley Avenue Business Park. The report recommends that Council endorse the installation of signs on the rail bridge on McLeod Marineland Parkway with the wording Stanley Avenue Business Park Factory Outlet" and the smaller signs on Stanley, McLeod, Marineland Parkway for directional purposes to the industrial park, subject to Regional approval for all the signs. ORDERED on the motion of Craitor, seconded by Alderman Janvary-Pool that the report be received and adopted. Carried Unanimously. MW- 2002 -94 Chief Administrative Officer Re: Office Alterations; Parking and Traffic Division. The report recommends that Council. Award Tender #11 -2002, Office Alterations, Parking and Traffic Division, Lower Level of City Hall, to Papcon Construction Inc. of St. Catharines for the sum of $70,352.50. ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. MW- 2002 -95 Chief Administrative Officer Re: Contract 2002 -03; 2002 Asphalt Overlay Road Rehabilitation Program. The report recommends that the unit prices submitted by the low tenderer, Steed Evans Ltd., be accepted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW- 2002 -96 Chief Administrative Officer Re: Contract 2002 -08, Surface Treatment Expanded Asphalt Stabilization Program. The report recommends that the unit prices submitted by the low tenderer, Norjohn Contracting Ltd., be accepted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. MW- 2002 -97 Chief Administrative Officer Re: Grand Boulevard Functional Design Study. The report recommends that the City enter into an agreement with Totten Sims Hubicki Associates for the Grand Boulevard Functional Design Study at a cost of $52,080.00 plus G.S.T. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest, because Niagara 21' Group is involved and with all others voting in favour. Ratification of Parking Traffic Committee Actions ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool that the actions taken at the Municipal Parking Traffic Committee on June 18, 2002 meeting be adopted with the following amendments dealing with the 2002 Budget: that Recommendation 1(1) be noted and that Recommendations 1(2) and 1(3) be deleted. 1) 2002 Budget 1) That the Committee is opposed to the fact that no discussions were held with the Parking and Traffic committee regarding the taking of monies from the Parking Fund for this year. The Committee should be consulted in the future when considering taking of any monies from the Parking fund 2) MW- 2002 -58 Crysler Avenue Parking Review 1) That Parking be restricted between the hours of 6:00 p.m. and 6:00 a.m. on the west side of Crysler Avenue between Bridge Street Park Street; -14- 2) That Parking be restricted between the hours of 6:00 p.m. and 6:00 a.m. on the east side of Crysler Avenue from Park Street to a point 55 metres north of Park Street; 3) MW- 2002 -65 Drummond Road between Morrison Street C.N.R. Corridor Traffic Operations Review /Signal Timing Review 1. That staff proceeds with the signal timing adjustments outlined in this report for the intersection of Drummond road Morrison Street; 2. That staff continues to monitor the intersection and implement appropriate signal timing plans when warranted; 3. That Transport Canada (C.N. Rail) be requested to review the feasibility of installing protective gates at the level rail crossing on Drummond Road and at the level rail crossing on Portage Road; 4. That staff continues to meet with Delta Bingo Hall representatives concerning improvements to driveway ingress and egress; 5. That Intersection improvements outlined in this report be considered in the 2003 Capital Works Budget; 4) MW- 2002 -66- Kister Road at Progress Street Request for All -Way Stop Control That an all -way stop control be installed at the intersection of Kister Road and Progress Street. 5) MW- 2002 -67 Dunn Street Parking Review 1. That Parking be restricted at all times on the south side of Dunn Street between Heximer Avenue and Collins Drive; 2. That Parking be restricted at all times on the south side of Dunn Street from Heximer Avenue to a point 45 metres west of Heximer Avenue; 3. That Parking be restricted at all times on the north side of Dunn Street from Kiwanis Crescent to a point 50 metres west of Kiwanis Crescent The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. See By -law No. 2002 -126 See By -law No. 2002 -128 FS- 2002 -08 Chief Administrative Officer Re: Purchase and Installation of Address Sign Posts. The report recommends that Council authorize the purchase and installation of approximately 1500 rural number address sign posts, over a two -year period, from Advanced Services from Thorold, Ontario at a total cost of approximately $42,180.00, Goods and Services tax extra, no Provincial tax applicable. ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that the report be received and adopted. Carried Unanimously. FS- 2002 -11 Chief Administrative Officer Re: Agreement with Jerry Essex; Temporary Training Site for Niagara Falls Fire Department; Vacant House at 4921 Lyons Creek Parkway. The report recommends that Council authorize an agreement with Mr. Jerry Essex to permit the Niagara Falls Fire Department to temporarily use the property and building at 4921 Lyons Creek Parkway for the training of its firefighters. ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that the report be received and adopted. Carried Unanimously. -15- FS- 2002 -12 -Chief Administrative Officer Re: Purchase of Pumper Truck. The report recommends that Council authorize the purchase of a new triple combination, side mount pumper truck from Superior Emergency Vehicles Ltd., from Red Deer, Alberta at a cost of $247,054.00 plus taxes (Superior "D" bid) ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. Ratification of the Environmental Planning Greening Committee Actions R- 2002 -44 Chair, Environmental Planning and Greening Committee Re: Actions Stemming from the Environmental Planning Greening Committee Meeting of June 19, 2002. The report recommends that Council endorse the actions of the June 19, 2002 meeting of the Environmental Planning Greening Committee ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a letter of appreciation be forwarded to Mr. Russell Boles, Niagara Falls Horticulture Society for an excellent job that he has done at the Niagara Gateway at the Q.E.W. and Mountain Road. Carried Unanimously. CAO- 2002 -05 Chief Administrative Officer Re: Niagara District Airport. The report recommends that Council approve an expense of $16,000 to share in the cost of a joint study Airport Roles and Markets, Region of Niagara and a Comprehensive Strategic and Operating Plan for the Niagara District Airport. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that Alderman Volpatti be appointed as Council representative to sit on the Niagara District Airport Commission. ;Carried Unanimously. CD- 2002 -18 Chief Administrative Officer Re: Special Occasion Permit. The report recommends that Council indicate that 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 Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2002 -32 Chief Administrative Officer Canadian Niagara Hotels Encroachment Agreement; Clifton Hill and Falls Avenue. The report recommends that Canadian Niagara Hotels be permitted to encroach as part of Falls Avenue shown as Part 5, Reference Plan No. 59R -11762 for the purpose of a proposed overhead canopy sign provided that the minimum clearance of the canopy sign from the traveled portion of the street is no less than five metres measured vertically from the traveled portion of the street and that an encroachment agreement be entered into to permit all approved encroachments for Canadian Niagara Hotels on Clifton Hill and Falls Avenue. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. L- 2002 -34 Chief Administrative Officer Re: Relocation of Hydro Easement for Bell Mobility to lands where there is an existing City Easement. The report recommends that consent to relocating an existing underground hydro service for Bell Mobility from Part 6 to Part 5 on the draft Reference Plan, which is attached as Schedule "A: hereto, is authorized and approved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. -16- Ratification of Committee -of- the -Whole Actions ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor; that the actions taken in Committee -of- the Whole, earlier this evening be approved: 1. Parking Lot Lease former CPR lands that staff be authorized to prepare the necessary agreements for a period of 1 year from May 1s 2002 to April 30 2002; 2. Armoury Business Plan that the terms of reference for the feasibility study for the Armoury on Victoria Avenue be prepared and further that the appraisal for the art collection of Dr. Afrukhteh be taken; 3. *Haulage Road Update that Council propose protecting the Haulage Road with the friends of the Haulage Road; and that the encroachment be permitted for a 5 -year period and cease thereafter; and that the matter be directed to a future public meeting. *Please refer to Page 7 of the November 4, 2002 Council Minutes Carried Unanimously. RESOLUTIONS NO. 10 FISHER PIETRANGELO RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law 2002 -113, a by -law to provide zoning regulations for the Orchard Grove West draft plan of subdivision. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 11 FISHER PIETRANGELO WHEREAS the Provincial government introduced the Ontario Transit Renewal Program earlier this year; and WHEREAS the program creates a partnership that will assist municipalities in replacing and refurbishing existing transit fleets; and WHEREAS Niagara Transit requires a bus replacement program for its aging fleet; and WHEREAS the Corporation of the City of Niagara Falls is entitled to 1 /3 of replacement and refurbishment costs under the Ontario Transit Renewal Program. NOW THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for transit vehicles for physically disabled persons in the amount of $23,761.92. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 12 FISHER PIETRANGELO WHEREAS the Provincial government introduced the Ontario Transit Renewal Program earlier this year; and WHEREAS the program creates a partnership that will assist municipalities in replacing and refurbishing existing transit fleets; and WHEREAS Niagara Transit requires a bus replacement program for its aging fleet; and WHEREAS the Corporation of the City of Niagara Falls is entitled to 1 /3 of replacement and refurbishment costs under the Ontario Transit Renewal Program. NOW THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for conventional transit vehicles in the amount of $28,813.00. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -099 A by -law to amend By -law No. 2001 -01, being a by -law to provide for appointments to certain Boards, Commissions and Committees. (Re: LACAC, Anna Lee) -17- 2002 -123 A by -law to amend By -law No. 2001 -267, being a by -law to provide for appointments to certain Boards, Commissions and Committees. (Re: Arts Culture Commission, Kathy Etherington, Nancy McDonald and Janice Wiggins) 2002 -124 A by -law to amend By -law No. 2002 -081 being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002 -125 A by -law to amend By -law No. 99 -164, as amended, being a by -law to provide for the licensing, regulating and inspection of body -rub parlours, owners and operators of body -rub parlours and body rubbers at body -rub parlours. 2002 -126 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) 2002 -127 A by -law to establish a fee structure for services provided for the Vital Statistics function. 2002 -128 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited, Parking Prohibited, Standing Prohibited, Parking Meter Zones, Taxi Cab Stands) 2002 -129 A by -law to provide for the control of animals within the City of Niagara Falls. 2002 -130 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 18/2002, 3736 Kalar Road, Eva Fortuna) 2002 -131 A by -law to authorize monies for General Purposes (Re: July 15, 2002) 2002 -132 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15` day of July, 2002. The motion Carried with Aldermen Craitor, Federow, loannoni, Pietrangelo and Janvary- Pool abstaining from the vote on By -law No. 2002 -131 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the following by -laws be now read a second and third time: 2002 -099 A by -law to amend By -law No. 2001 -01, being a by -law to provide for appointments to certain Boards, Commissions and Committees. (Re: LACAC, Anna Lee) 2002 -123 A by -law to amend By -law No. 2001 -267, being a by -law to provide for appointments to certain Boards, Commissions and Committees. (Re: Arts Culture Commission, Kathy Etherington, Nancy McDonald and Janice Wiggins) 2002 -124 A by -law to amend By -law No. 2002 -081 being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002 -125 A by -law to amend By -law No. 99 -164, as amended, being a by -law to provide for the licensing, regulating and inspection of body -rub parlours, owners and operators of body -rub parlours and body rubbers at body -rub parlours. -18- 2002 -126 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) 2002 -127 A by -law to establish a fee structure for services provided for the Vital Statistics function. 2002 -128 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited, Parking Prohibited, Standing Prohibited, Parking Meter Zones, Taxi Cab Stands) 2002 -129 A by -law to provide for the control of animals within the City of Niagara Falls. 2002 -130 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 18/2002, 3736 Kalar Road, Eva Fortuna) 2002 -131 A by -law to authorize monies for General Purposes (Re: July 15, 2002) 2002 -132 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15 day of July, 2002. The motion Carried with Aldermen Craitor, Federow, loannoni, Pietrangelo and Janvary- Pool abstaining from the vote on By -law No. 2002 -131 on conflicts of interest previously noted and with all others voting in favour. Chippawa Pool Additional Beer Store Outlets READ AND ADOPTED, NEW BUSINESS Alderman Shirley Fisher thanked staff and the Mayor for all their efforts for Chippawa obtaining a pool and that the Pool Committee was ready to go forward and put up the signage. Alderman Janice Wing referred to the inadequate number of beer store outlets in the area and suggested that an alternate or additional outlet be located at McLeod Road. ORDERED on the motion of Alderman Wing, seconded by Alderman Craitor, that the matter of having an alternate or additional beer store outlet at the location of McLeod Road be forwarded to Beer Store officials. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. AUL DEAN IOR IDA, ITY CLERK WAYNE THOMSON, MAYOR