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2003/02/17FIFTH MEETING PLANNING MEETING Council met on Monday, February 17, 2003 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Federow, who was out of town on business, and Alderman Feren, who was on vacation, were present. His Worship Mayor Thomson offered the Opening Prayer. Girl Guides of Canada DISCLOSURES OF PECUNIARY INTEREST Alderman Orr indicated a pecuniary interest from the Community Services Committee on Report MW- 2003 -27 because she is employed by the Casino. Alderman Pietrangelo indicated a pecuniary interest on Report PD- 2003 -22, because he will be working directly adjacent to the proposed subdivision. PRESENTATIONS His Worship Mayor Thomson and Mr. Todd Barclay, Chair, The Municipal Heritage Committee (formerly LACAC) presented a Certificate of Recognition to Larry and Marilyn Vann in recognition of their efforts to maintain some of the architectural features of Niagara Falls Museum in their Aviary project. DEPUTATIONS Ms. Laura Hockton, Niagara Frontier Girl Guides, provided information on local guiding; on their Spring Cookie Fundraising Campaign and distributed cookies to members of Council. She also requested that Council proclaim the week of February 16'" to 22 2003 as "Guides /Scout Week" ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the week of February 16 to 22n 2003 be proclaimed as "Guides /Scout Week Carried Unanimously. PLANING MATTERS Council Chambers February 17, 2003 PD- 2003 -18 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 41/2002, Thorold Stone Mall, 6161 Thorold Stone Road; Owner: 820872 Ontario Limited; Proposed Shopping Centre Expansion. The report recommends the following: 1) That Council approve the requested Zoning By -law amendment application to permit several additions to the Thorold Stone Mall; Act. -2- February 17. 2003 Council Minutes 2) That the amending by -law contain provisions requiring landscape strips along Thorold Stone Road and the abutting residentially zoned land; 3) That the area residents be involved in the site plan process for development of the site. His Worship Mayor Thomson read the procedure to be followed under the Planning 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 January 24, 2003. His Worship Mayor Thomson received indication that Mr. Gus Mandarino, Project Manager, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make 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 property with the assistance of posted sketches; reviewed the information contained in the recommendation report, the proposal; the planning review; and the public notification process. He referred to the comments and concerns raised by the residents at the December 9, 2002 and the neighbourhood meeting held on January 16, 2003 including fencing, buffering, pedestrian access and noise attenuation. He advised that these issues would be addressed during the site planning process. He stated that staff were prepared to recommend the application subject to the satisfaction of the area residents. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response ih opposition to the application. Ms.1Diana Nemeth, 3879 Orlando Drive, advised that she was in favour of the proposed development. She suggested that in order to control the noise problems with late night abtivities, that truck deliveries between 11 p.m. and 7 a.m. be restricted and that the plaza Management inform the current and future tenants and contractors of this stipulation.1 She further advised that the Orlando Drive residents did not wish to have a walkway into the plaza from Marland Avenue. The City Solicitor provided clarification with respect to restricting or regulating the hours of operation. Mr. (Brian Boland, 3887 Orlando Drive, advised that he was in favour of the proposed application and requested further clarification as to the process and the involvemerit of the residents at the site plan stage. He also expressed concerns about the walkway from Marland Avenue. Mr. rAlec Kostiuk, 6025 Mary Street, expressed concerns with respect to the height of the fencing to be provided and landscaping features; he also enquired as to the egress and ingress of truck traffic. -3- February 17. 2003 Council Minutes Mr. Gus Mandarino, provided clarification on concerns raised regarding the three access points to and from the plaza; explained that there was room for trucks to go around the property; advised that consideration was being given to moving the delivery area further back, closer to Fabricland and that negotiations with Sears were taking place regarding delivery hours. He introduced Ms. Paula Berketo, Landscape Architect, who provided information as to the type of fencing (board on board) to be constructed around the new portion of the development which abuts residential properties; she advised that the existing chain link fencing that was in disrepair would be replaced as would the retaining wall near Tim Hortons. She referred to the extensive buffering and streetscaping along Thorold Stone Road; indicated that the pedestrian access had been closed off from St. Mary Street, and that the entrance off Marland Street had been left open for pedestrian access. Mr. Ken Wilhelm, in attendance on behalf of his mother -in -law, residing at 6004 St. Mary Street enquired as to the height of the trees that are to be planted and was advised by the Landscape Architect that plantings would be between 8 -12 feet depending on availability. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 41/2002, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted and further that the hours of operation for delivery trucks and sound concerns be included in the site plan process. Carried Unanimously. PD- 2003 -19 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 46/2002; 6269 and 6293 Dorchester Road; Applicant: Falls City Design /Build; Agent: Richard Brady, Planner; Proposed 29 -Unit, Three Storey Apartment. The report recommends that Council deny the requested Zoning By -law amendment application for 6269 and 6293 Dorchester Road for a proposed 29 -unit, three storey apartment. -AND Communication No. 22 Vera Lenc Don Farquharson. The communication expresses opposition to the proposed application. Communication No. 23 Margaret Joseph Dwyer. The communication advises as being in opposition to the proposed zoning. Communication No. 24 Ms. Maud Casimir. The communication advises as being opposed to the proposed zoning. Communication No. 25 Ms. Cheryl Slater. The communication advises as not being in favour of the proposed application. Communication No. 26 Mrs. J. London. The communication requests that the application be denied. Communication No. 27 Eugene R. Oatley Patricia C. Oatley. The communication advises as being opposed to the proposed application. -4- Communication No. 29 Shelagh Lalonde Robert Lalonde. expresses opposition to the proposed application. Communication No. 30 James Beauparlant Darcy Raven. expresses opposition to the proposed application. February 17, 2003 Council Minutes Communication No. 28 Ms. C. Speedie. The communication expresses concerns and opposition to the proposed application. The communication The communication Communication No. 31 Petition Headed by Darcy Raven and Concerned Residents in the area. The petition expresses opposition to the proposed application. Communication No. 32 Donald Patricia Parker. The communication expresses concerns and opposition to the proposed application. Communication No. 33 Dr. Mrs. V. Vasic. The communication expresses opposition to the application. Communication No. 34 Chris Mary Antaya. The communication expresses opposition to the proposed application. Communication No. 35 Mr. Tony Knott. The communication advises as being opposed to the proposed application Communication No. 36 Ernest Irma Dragonette. The communication expresses opposition to the proposed application. Communication No. 37 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the proposed zoning By -law amendment. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on January 17, 2003. His Worship Mayor Thomson received indication that Richard Brady, Planner, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. -5- February 17, 2003 Council Minutes The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the recommendation report, the proposal; the surrounding land uses; public notification process and planning review; he addressed the issue of density; land use compatibility; height graduation; building mass and setbacks. He advised that staff were recommending denial of the requested amendment because the proposed development did not comply with the intent and purpose of the Official Plan with respect to residential redevelopment and infilling; and that the proposed development has not been designed to achieve proper integration with the surrounding residential land uses and he suggested that other forms of redevelopment may be more compatible with the surrounding area. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Eugene Oatley, 6270 Brookfield Avenue, expressed opposition to the proposed rezoning application as it would generate increased traffic, noise and air pollution; referred to the loss of privacy and the impact on the wildlife in the area. Ms. Helen Henderson, 6293 Brookfield Avenue, indicated her opposition to the proposed development and expressed the view that Brookfield Avenue and Clare Crescent were prestigious and exclusive areas to live in; she stated that this proposed development would be an intrusive and aggressive project and that the height of the proposed 3- storey building would be an invasion of privacy. Mr. David Devine, 4468 Queensway Gardens, was in attendance on behalf of Mrs. Ann Speedie, 6322 Brookfield, provided a brief overview of the existing apartment buildings located on Dorchester Road and how they were unobtrusive unlike the proposal. Mr. Thomas Joseph Cain, 6259 Dorchester Road, advised that he was not in favour of the development and expressed the opinion that these properties should remain zoned single family residential. Mr. Richard Brady, Planner, advised that the concerns expressed seemed to be design and land use concerns; he stated that this was a good site for redevelopment and was of the opinion that the land was presently under utilized; he addressed the issue of compatibility and indicated that his client would be willing to meet with the residents to discuss alternate options for other types of development. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 46/2002, closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the application be denied. Carried Unanimously. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the correspondence from Vera Lenc and Don Farquharson with respect to the garbage bins creating odours on hot days from the three apartment building complexes, be referred to staff. Carried Unanimously. -6- February 17.2003 Council Minutes PD- 2003 -17- Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 43/2002, 6940 7190 Morrison Street; Applicant: RioCan Real Estate Investment trust; Agent: Glenn Scheels, Green Scheels Pidgeon Planning Consultants; Proposed Expansion to Retail Centre. The report recommends the following: 1. That Council approve the Zoning By -law amendment to permit the expansion of the retail centre located at 7190 Morrison Street; 2. That Council approve the amending by -laws on tonight's agenda to establish regulations for each of the Zehrs and Walmart/Staples sites; 3. That Council require the applicant to provide a bus transfer area on part 2 that is satisfactory to Niagara Transit and Municipal Works as a condition of the site plan agreement for the proposed Home Depot. -AND Communication No. 38 River Realty Development (1976) Inc. The communication advises that, providing that there were no further changes and the by -law reflected no further changes, that River Realty did not have any objection to the application. Communication No. 39 Regional Niagara, Planning Development Department. The communication advises that since the proposed zoning amendment does not appear to introduce any substantial changes that would adversely effect Regional or Provincial interests and therefore, Regional staff was not opposed to the approval of the zoning by- law amendment 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 January 17, 2003. His Worship Mayor Thomson received indication that Mr. Glen Scheels, Consultant, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make 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 property with the assistance of posted sketches; reviewed the information contained in the recommendation report, the proposal; the surrounding land uses; the public notification process and planning review. He advised that staff were recommending approval; that the plan was in compliance with the Official Plan which recognized that this development would proceed in two phases; that guidelines established in 1995 had been met; that a market analysis had been conducted; that the proposed home improvement centre was already a permitted use in the zoning by -law; that the new amending zoning by -laws would consolidate all previous approvals and that a suitable site be found for a transit facility. -7- February 17. 2003 Council Minutes There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Vincent Hockton, 6815 Cropp Street, owner of the car wash in the area, advised that he was in favour of the development and requested that consideration be given to have the exit from Zehrs onto Dorchester Road closed, which would help negotiate left -hand turns until such time that Dorchester Road was expanded properly. He was assured by the Manager of Engineering Services that many of the concerns raised were recognized in the environmental study that had been completed. Mr. Tobin King, 7190 Morrison Street, advised that he was in support of the application and stated that it would provide employment for the residents of Niagara Falls. Mr. R. Phillips, 5957 Hil!crest Crescent advised that he was in support of the development and enquired as to the time frame for the completion of the environmental assessment study. He was advised by the Manager of Engineering Services that the results of the public meeting would come back to Council and that the work was planned to be completed within the City's 5 -year capital budget. Mr. Frank DeLuca, 4341 Kilman Place, expressed the view that the majority of traffic problems in the area of Dorchester Road were mainly due to the present mall and, therefore, the developer should be responsible for paying for the entire environmental assessment study. He expressed concerns regarding reduced parking and that the development would make the site congested. Mr. Glen ScheeIs, Consultant, reviewed the proposal and advised that this development would be a great addition to the community. He referred to negotiations regarding a new bus transfer facility for the development and assured that there were no firm plans for a gasoline bar at this site at the present time; he advised that parking standards had been addressed in the staff report and that staff recommendations were reasonable and encouraged Council to support the application. Discussion ensued with respect to the development charges and the Chief Administrative Officer provided clarification on how the big box development would have contributed significant development charges. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 43/2002, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the application be approved. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2003 -37 See By -law No. 2003 -38 -8- February 17, 2003 Council Minutes PD- 2003 -11 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 49/2002, 11153 Niagara Parkway; Applicant: Michael and Nathaiie Boyd; Proposed Bed Breakfast Accommodation. The report recommends that Council approve the Zoning By -law amendment application to permit a new single detached dwelling at 11153 Niagara Parkway to be used as a tourist home (bed breakfast accommodation) containing not more than three bedrooms for tourists. -AND Communication No. 40 Regional Niagara Public Health Department. The communication advises as having no objection to the proposed application for a 3 -unit bed breakfast and a 3- bedroom residence and recommends that the applicant must apply for and be granted a Certificate of Approval for a private waste disposal system and water supply. Communication No. 41 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the proposed zoning by -law amendment from either a Regional or Provincial planning perspective. 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 January 17, 2003. His Worship Mayor Thomson received indication that the applicants were in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the recommendation report, the proposal; the surrounding land uses; the planning review and the public notification process. He advised staff were in support of the requested zoning by -law amendment application as it was within the intent and purpose of the Official Plan respecting bed and breakfasts; that the residential character of the property would be maintained; and that there was sufficient lot area for parking and amenity space. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Ms. Donna Brown, 11179 Niagara Parkway, whose residence was adjacent to the proposed development expressed the view that if the garage in the proposed application was reversed she would be in favour of the application. -9- February 17. 2003 Council Minutes Dr. Sarah Dania!, 11231 Niagara Parkway expressed traffic concerns and the safety for the children in the area; and enquired as to the public notification process. She enquired as to whether the dock would be used by the guests of the bed and breakfast establishment and expressed the opinion that this type of development would change the character of the area. Mr. Maurice Clermont, 11159 Niagara Parkway advised that he had purchased his property under the assumption that it and the neighbouring properties would be single family residential properties; he further expressed the view that the character of the neighbourhood would change due to the proposed development. Mrs. Pearl Clermont, 11159 Niagara Parkway indicated her opposition to the proposed development and expressed the view that approval of this application would be setting a precedence for future applications in the area. Mr. Michael Boyd, responded to questions raised. He further advised that the dock was not a public dock for the use of guests of the bed and breakfast facility but would be for private use only. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 43/2002, closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary-Pool, that the application be approved. The motion Carried with Aldermen Craitor and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary-Pool, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -13 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 01/2003; CP Lands, Marineland Parkway; Applicant: Fallsview Golf Inc., Agent: Italia Gilberti, Broderick Partners; Proposed Golf Course. The report recommends that: 1) Council approve the requested amendment to the Official Plan to: a) change the land use designation from Industrial to Open Space for lands identified as Part 1 to permit the development of a golf course; b) establish Special Policies to guide the development of the site and to address environmental issues including the protection of natural features and site decommissioning; 2) Council approve the requested amendments to the Zoning By -law to: a) change the zoning on Part 1 from Industrial to a site specific Open Space zone to permit the development of a golf course; b) establish an Open Space Holding (H) provision on a portion of the lands formerly used as a marshalling yard. When the lands have been decommissioned to the satisfaction of the Ministry of Environment and Energy (MOEE), an expansion of the golf course will be permitted; -10- February 17, 2003 Council Minutes c) permit industrial uses on the lands of the former marshalling yard in the event that decommissioning is not conducted; d) add a "golf course club house" as a permitted use to the Tourist Commercial zoning which applies to Part 2; and 3) the applicant enter into a site plan agreement with the City to implement the matters addressed in this report. -AND Communication No. 42 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the amendments to the City's Official Plan and Zoning By -law subject to the considerations of the comments made in the communication. Communication No. 43 Correspondence from Joe Juliano, Chemtrade Logistics. The communication provides comments with respect to the inclusion of a secondary road access. 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 advertising in the Niagara Falls Review on January 18, 2003 and by prepaid First Class mail on January 17, 2003. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 01/2003, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the application be approved. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -16 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 47/2002, 6410 Montrose Road; Applicant: Gabrielle Marinelli; Agent: Lou Marcantonio, 2M Architects Inc., Proposed Duplex Dwelling and Bed Breakfast Accommodation. The report recommends the following: February 17. 2003 Council Minutes 1. That Council approve the Zoning By -law amendment application to permit the existing dwelling at 6410 Montrose Road to be subdivided into two dwelling units /and to permit one of the dwelling units to be used as a tourist home (bed or breakfast) containing up to three bedrooms for tourists; 2. That the development of the proposal be subject to site plan control. -AND Communication No. 44 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment subject to the City having regard to the comments made by the Regional Public Works Department. 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 January 17, 2003. His Worship Mayor Thomson received indication that the applicant was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 47/2002, closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the application be approved. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -21 Chief Administrative Officer Re: Community Improvement Plan; Downtown Area. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted and further that the Provincial government be requested to establish some type of funding for municipalities for these type of programs. Carried Unanimously. Alderman Volpatti vacated Council Chambers. Closure of Fleet Industries in Fort Erie -12- REGULAR COUNCIL ADOPTION OF MINUTES COMMUNICATIONS February 17. 2003 Council Minutes PD- 2003 -22 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2003 -07; AM- 38/2002; Garner Estates Phase 4 Draft Plan of Subdivision. The report recommends that Council reaffirm, through resolution, the passing of By -law No. 2003 -07. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. See Resolution No. 07 Alderman Wing requested that the Minutes of February 10, 2003 be amended to reflect that three Aldermen voted contrary to the motion with regard to providing an opportunity for Niagara Falls citizens to directly elect their Hydro Board and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the Minutes of February 10, 2003 be adopted as amended. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson referred to the recent announcement of the closure of Fleet Industries in Fort Erie and suggested that a letter be forwarded to Fort Erie Mayor, Wayne Redekop; M.P.P. Bart Maves and Minister of Consumer and Business Services, Tim Hudak, advising them that the City was in support of any efforts to have the closure of Fleet Industries reconsidered. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that a letter be forwarded to Fort Erie Mayor, Wayne Redekop; M.P.P. Bart Maves, and Tim Hudak, Minister of Consumer and Business Services, advising them that the City was in support of any efforts to have the closure of Fleet Industries reconsidered. Carried Unanimously. Communication No. 45 Memo from City Clerk Re: Heritage Designation. The communication requests to initiate proceedings to designate 6151 Culp Street as property under Part IV of the Ontario Heritage Act. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 46 Ontario Pharmacists Association Re: Proclamation. The communication requests that Council proclaim the week of March 3 9, 2003 as "Pharmacy Awareness Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the request be approved. Carried Unanimously. Communication No. 47 The Kidney Foundation of Canada Re: Proclamation. The communication requests that Council proclaim the month of March as "Kidney Month ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request 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 February 10, 2003 Community Services Committee Minutes; 2. MW- 2003 -12 Althea Street at Portage Road that the report be received for the information of Council; 3. MW- 2003 -36 Geotechnical and Environmental Investigations that the firm of Jagger Hims Limited be retained; 4. Community Centre Site Preparation that the Public/Private Partnership proposal submitted by Integrated Municipal Services (IMS) be accepted to develop the City's properties on the east side of Montrose Road; 5. MW- 2003 -27 Main Street Environmental Assessment Update that the Committee authorizes a Public Meeting to present Option 6 and that staff brings a report back to Committee at a later date. New Business -13- February 17, 2003 Council Minutes That staff be directed to contact the road authority with accident statistics to reinforce that the median on Thorold Stone Road to Rolling Acres be lengthened to prevent left hand turns. That Parks, Recreation Culture present an update of the Community Centre in open Council in the near future. The motion Carried with Alderman Orr abstained from the vote on Report MW- 2003 -27 on a conflict of interest previously noted and with all others voting in favour. Alderman Orr retired from Council Chambers. CD- 2003 -03 Chief Administrative Officer Re: Designation of Cummington Square. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and filed. Carried Unanimously. CD- 2003 -04 Chief Administrative Officer Re: Special Occasion Permit, Stamford Skating Club. 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. -14- RESOLUTIONS BY -LAWS 200345 A by -law to set fees for lottery licensing. February 17, 2003 Council Minutes L- 2003 -15 Chief Administrative Officer Re: Establish as a Public Highway; Part 1 on Reference Plan 59R -11947 as Part of Corwin Avenue. The report recommends that a road widening, being part 1 on Reference Plan 59R -11947 attached as Appendix "A be established as a public highway, to be known as Corwin Avenue. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -33 NO. 07 CAMPBELL JANVARY -POOL THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law 2003 -07, a by -law to provide zoning regulations for the Garner Estates Phase 4 draft plan of subdivision. AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and Alderman Wing voting contrary to the motion and with all others voting in favour. NO. 08 PIETRANGELO FISHER THAT the City Council reaffirms its support of the Stanley Avenue Storm Sewer Project. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2003 -33 A by -law to establish Part 1 on Reference Plan 59R -11947 as a public highway, to be known as and to form part of Corwin Avenue. 2003 -34 A by -law to amend By -law No. 79 -200, to recognize two existing single detached dwellings on the south side of Huron Street between Crysler Avenue and St. Lawrence Avenue. (Re: AM-48/2002) 2003 -36 A by -law to amend By -law No. 79 -200, to add a convenience store, a coffee shop and a personal service shop as permitted uses on lands zoned LI and to repeal By -law No. 93 -37. (Re: AM- 44/202) 2003 -37 A by -law to amend By -law No. 79 -200, to regulate the use and development of a commercial property located on the southwest corner of Morrison Street and Dorchester Road and to repeal By -law No. 95 -260 which regulated, in part, the development of the retail centre to date. (Re: AM- 43/2002 6940 Morrison Street) 2003 -38 A by -law to amend By -law No. 79 -200, to permit, in part, an expansion of the retail centre located on the south side of Morrison Street, west of Dorchester Road and to repeal By -law Nos. 95 -260, 99 -166 and 2000 -59, which regulated the development of the retail centre to date. (Re: AM- 43/2002, 7190 Morrison Street) -15- 2003 -35 A by -law to set fees for lottery licensing. Alderman Volpatti returned to Council Chambers. February 17, 2003 Council Minutes 2003 -39 A by -law to amend By -law No. 2002 -227, a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 200340 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #46) 2003 -41 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17"' day of February, 2003. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the following by -laws be now read a second and third time: 2003 -33 A by -law to establish Part 1 on Reference Plan 59R -11947 as a public highway, to be known as and to form part of Corwin Avenue. 2003 -34 A by -law to amend By -law No. 79 -200, to recognize two existing single detached dwellings on the south side of Huron Street between Crysler Avenue and St. Lawrence Avenue. (Re: AM-48 /2002) 2003 -36 A by -law to amend By -law No. 79 -200, to add a convenience store, a coffee shop and a personal service shop as permitted uses on lands zoned LI and to repeal By -law No. 93 -37. (Re: AM- 44/202) 2003 -37 A by -law to amend By -law No. 79 -200, to regulate the use and development of a commercial property located on the southwest corner of Morrison Street and Dorchester Road and to repeal By -law No. 95 -260 which regulated, in part, the development of the retail centre to date. (Re: AM- 43/2002 6940 Morrison Street) 2003 -38 A by -law to amend By -law No. 79 -200, to permit, in part, an expansion of the retail centre located on the south side of Morrison Street, west of Dorchester Road and to repeal By -law Nos. 95 -260, 99 -166 and 2000 -59, which regulated the development of the retail centre to date. (Re: AM- 43/2002, 7190 Morrison Street) 2003 -39 A by -law to amend By -law No. 2002 -227, a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 200340 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #46) 200341 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17"' day of February, 2003. Carried Unanimously. Best Wishes Staff Attendance at Council Meetings NEW BUSINESS ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that Get Well Wishes be forwarded to Mississauga Mayor, Hazel McCallion on her recent injuries sustained in an accident. Carried Unanimously. Petition for the Installation Service of City Sewers February 17, 2003 Council Minutes ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that staff prepare a report on how staff attendance at Council meetings can be streamlined. Carried Unanimously. Alderman Pietrangelo referred to the petition submitted on February 3, 2003 and enquired what the status was regarding the installation of sewers on Garner Road, between Lundy's Lane and McLeod Road. He was advised that staff were determining what the best location would be and that information would be provided with regard to the maximum separation distances and what the residents would have to pay. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORF A, CI CLERK WAYNE THOMSON, MAYOR