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2003/03/17Council met on Monday, March 17, 2003 at 5:45 p.m. in Committee -of- the Whole. All members of Council, with the exception of Alderman Wing, who was away due to illness and Alderman Volpatti, who was away on vacation, were present. Alderman Paisley Janvary-Pool presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, SEVENTH MEETING COMMITTEE -OF- THE -WHOLE TALL DEAN IORfDAI CITY CLERK AYNE THOMSON, MAYOR PLANNING MEETING Council met on Monday, March 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 Wing, who was away due to illness and Alderman Volpatti, who was away on vacation, were present. Alderman Judy Orr offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 March 17, 2003 Council Chambers March 17, 2003 Alderman Craitor indicated a pecuniary interest on Report F- 2003 -11, Cheque Nos. 274162; 274163 and 274432 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Communication No. 68 Niagara Catholic District School Board because a member of his family is employed by the School Board and on Report F- 2003 -11, Cheque Nos. 274145 and 274413 because he has an ongoing conflict with the Niagara Falls Humane Society. Alderman Fisher indicated a pecuniary interest on Report F- 2003 -11, Cheque No. 274109 because she is the recipient and on Report PD- 2003 -29 because she resides in the area. Alderman loannoni indicated a pecuniary interest on Report F- 2003 -11, Cheque No. 274392 because she is the recipient. Alderman Pietrangelo indicated a pecuniary interest on Communication No. 68 because he is employed by the Niagara Catholic District School Board. Niagara Coalition for Peace -2- PRESENTATIONS DEPUTATIONS PLANING MATTERS March 17. 2003 Council Minutes His Worship Mayor Thomson presented a plaque to Brad Ruscitti, a local youth, in recognition for his outstanding citizenship and good will and to Randy Knowles for his strength and courage. Ron Boyer, Niagara Coalition for Peace introduced his organization who are a group of concerned individuals and organizations that are promoting peaceful alternatives to a U.S. attack on Iraq he introduced Ms. Carol Bowers who brought forward an anti- war peace resolution for Council's consideration. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the resolution be approved and that a copy be forwarded to AMO. Carried Unanimously. R- 2003 -14 Chief Administrative Officer Re: Patrick Cummings Memorial Sports Complex. The report recommends that the community park located adjacent to Chippawa Willoughby Memorial Arena be named after the late Alderman Pat Cummings. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. Members of the Cummings family were in attendance at the Council meeting. PD- 2003 -24 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 02/2003, 6505 Fallsview Boulevard; Applicant: Niagara 21' Group Inc., Agent: Italia Gilberti, Solicitor; Proposed Keg Restaurant/Attraction. The report recommends that Council approve the application for a proposed restaurant/attraction at 6505 Fallsview Boulevard conditional upon the following being satisfied prior to the enactment of the amending zoning by -law: 1) completion of a Parking Demand Analysis, prepared by a recognized Transportation Planning Consultant/Engineer, to the satisfaction of the Director of Municipal Works and the Director of Planning Development, which demonstrates: a) the actual parking requirements for the proposed restaurant/attraction; b) the reduction in parking supply that would reasonably; c) the appropriateness of satisfying the remaining parking requirement off -site, in a parking structure on Dunn Street; d) the potential of providing valet parking on an interim basis; 2) that the amending by -law include provisions for the construction of required parking as determined above; 3) that staff be directed to investigate the appropriateness and applicability of establishing cash -in -lieu for the area. -AND Communication No. 53 Pat Keith Millington, 6046 Dunn Street. The communication expresses appreciation to the Niagara 21' Group for their concerned interest and efforts for the residents of the City. Communication No. 54a) Italia Gilberti, Broderick Partners. The communication attaches correspondence from Communication No. 54b) Delcan Corporation, dated March 13, 2003 AND Communication No. 54c) dated March 10, 2003 with respect to the traffic review for the proposed KEG Restaurant Development. Communication No. 55 Helias Enterprises Ltd. (Horseshoe Falls Motor Inn). The communication advises as being in opposition to the proposal for Dunn /Dixon project (AM 02/2003) Communication No. 56 Rainbow Motor Inn. The communication advises that as not being opposed to the development but are opposed to the requested considerations as outlined in the application; also indicating that should the application be approved, the Rainbow Inn will request the same considerations permitting them to fully develop their properties to 100% capacity Communication No. 57 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment. Communication No. 58 The Toomath family, 6106 Corwin Avenue. The communication advises as being in opposition to the proposed Zoning By -law amendment. Act. -3- March 17. 2003 Council Minutes 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 February 14, 2003. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, 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 planning review; and the public notification process. He referred to the parking policies of the City's Official Plan which state that all developments should provide adequate on -site parking for its needs; he indicated that further details were required as to the actual occupancy and seating capacities of the restaurants in order to determine what the parking requirements might be; he advised that staffs recommendations were to have the Parking Demand Analysis completed in order to determine the number of required parking spaces; the viability of off site and valet parking; and the possibility of a policy establishing the Fallsview area as a cash -in -lieu 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. -4- March 17, 2003 Council Minutes Mr. Scott Snider, Solicitor, Turkstra, Mazza Associates, on behalf of Helius Enterprises Ltd. indicated that his client was not opposed to the proposed use of the development; but expressed the opinion that Council not approve the application for the following reasons: 1) in his opinion, the endorsement of the recommendation is not permitted under the Planning Act; 2) that the proposal conflicts with the City's Official Plan; 3) and if this proposal was accepted, Council would be providing approval without answers to fundamental concerns. He expressed the opinion that this would be a radical change without having a parking study available; and requested that Council defer the matter in order that a parking study be conducted. Ms. Italia Gilberti advised that her client was in agreement with staffs recommendations, but that no conditions be imposed, as these conditions were unnecessary; she referred to correspondence from Delcan, Consultants, which indicated that there should be no accesses placed on Fallsview Boulevard for parking purposes and that the only driveway to access this site should be from Main Street for service and delivery purposes only. She informed that if a complete parking exemption could not be approved, her client would either build a parking structure on its Dunn Street lands or zone other sites for parking purposes; and expressed the opinion that there was no need to have a parking structure built prior to the by -law being enacted. She requested that Council approve the application without conditions and allow the two parcels of land to be "married in order that parking can be provided offsite, based on one (1) parking space for every 10 seats. She also indicated that her client was interested in purchasing the former railway lands for parking purposes. The Chief Administrative Officer responded that a functional design study was being carried out and staff would have to determine if the City has land to sell. Ms. Gilberti commented that the development cannot provide parking onsite and that parking would have to be off -site; she further advised that the number of parking spaces would be determined at the site planning process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 02/2003 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Orr, that the report be deferred until Council receives an updated report on the People Mover System. The motion Carried with Aldermen Craitor, Campbell, Federow, loannoni, Janvary-Pool, and Orr voting in favour and with Aldermen Feren, Fisher, Pietrangelo and Puttick voting contrary to the motion. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -26 Chief Administrative Officer Re: Zoning By -law Amendment Application for a Temporary Use By -law; AM -06/2003, 6361 Fallsview Boulevard, and lands on the SW corner of Murray Street and Stanley Avenue and on the West side of Allendale Avenue; Applicant: 876891 Ontario Limited; Agents: Peter Smith, Planner and Italia Gilberti, Solicitor; Proposed Extension of Temporary Use By -laws for Off -site Parking for the Hilton Hotel. The report recommends that Council approve the requested Temporary Use By -law for 6361 Fallsview Boulevard and related off -site lands in order to permit off -site parking for the Hilton Hotel, on an interim basis for three years, conditional on the site plan agreement matters being addressed by the applicant forthwith. -5- March 17. 2003 Council Minutes -AND Communication No. 59 Regional Niagara, Planning Development Department. The communication advises as not being in opposition 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 February 14, 2003. His Worship Mayor Thomson received indication that 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. The Director of Planning and Development discussed the subject property with the assistance of posted sketches; he reviewed the information contained in the recommendation report he discussed the four outstanding matters to be considered: 1) the dedication of road widenings; 2) the registration of the site plan agreement; 3) the accommodation of storm drainage (Allendale Avenue parking lot) and 4) the on- street bus lay -by area. He advised that staff can support the application for an extension to the temporary use by -law conditional on the site plan agreement matters being addressed. In response to questions raised, the City Solicitor advised that legal staff are closely working with the applicant's Solicitor with respect to clearing up all the various encumbrances prior to finalization. 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. Vincent Baldo, 6050 Grey Avenue, stated his opposition to the proposed temporary use by -law; expressed the opinion that the issues being dealt with were the same issues brought up three years ago when the original application came to Council; he stated that he would accept Council permitting an 18- month extension for the temporary use by -law in order that the proposed parking facility can be dealt with. Ms. Italia Gilberti advised that her client was in agreement with staffs recommendations. She reviewed and provided clarification on the four outstanding matters still to be dealt with. She also indicated that an application for the redevelopment of the Hilton lands on Stanley Avenue, would be forthcoming within the next few months, which would include a parking structure. The Chief Administrative Officer advised that a new policy was in place whereby the City would not give conditional building permits if the site plan was not registered. Mr. Peter Smith, Project Planner, responded to questions raised that the new development scheme was not predicated on the report dealing with building height and advised that there was a provision for an on -site underground parking structure in the new development proposal and that a parking demand study was being completed. -6- March 17, 2003 Council Minutes Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 6/2003, closed. It was moved by Alderman Janvary-Pool, seconded by Alderman Orr, to extend the temporary use By -law on an interim basis for one (1) year, conditional on the site plan agreement matters being addressed by the applicant and further, that Council be provided with the information pertaining to the original site plan agreement and the changes regarding the proposed parking structure. The motion Carried with the following recorded vote: Alderman Campbell Alderman Craitor Alderman Federow Alderman Feren Alderman Fisher Mayor Thomson AYE AYE AYE NAYE NAYE AYE Alderman loannoni Alderman Janvary-Pool Alderman Orr Alderman Pietrangelo Alderman Puttick AYE AYE AYE NAYE NAYE ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2003 -56 See By -law No. 2003 -57 PD- 2003 -27- Chief Administrative Officer Re: Zoning By -law Amendment Application; AM -04/2003, 4949 Lyon's Creek Parkway; Applicant: Jeff Dennington, Proposed Bed Breakfast Accommodation. The report recommends that Council approve the requested Zoning By -law amendment application to permit an existing single detached dwelling at 4949 Lyon's Creek Parkway to be used as a tourist home (bed and breakfast accommodation) containing no more than two bedrooms for tourists. -AND Communication No. 60 Mr. Greg Chisholm, 4855 Lyons Creek Parkway. The communication advises as being vehemently opposed to the requested zoning by -law amendment for a number of reasons, including the impact of increased tourist traffic on and provides comments as to the reasons. Communication No. 61 David Lydia Cournoyea, 4760 Lyon's Creek Parkway. The communication advises as being opposed to the proposed application. Communication No. 62 Marie Nobes and other residents of Lyon's Creek Parkway. The communication advises as having no objections to the proposed application and states that it would be beneficial to the area. Communication No. 63 Gregory Chisholm, 4855 Lyons Creek Parkway. The communication attaches a petition from the property owners and some residents of Lyons Creek Parkway in opposition to the By -law Amendment to allow a Bed and Breakfast. 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 February 14, 2003. His Worship Mayor Thomson received indication that Mr. Daniel McDonald, 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. -7- March 17. 2003 Council Minutes 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 of the project, because the proposal was within the intent and purpose of the Official Plan with regard to a reasonable home occupation type of use; that the residential character of the property would be maintained; that the proposal would not impact on environmentally sensitive uses on the property or adjacent lands and that there is sufficient lot area for parking and amenity space. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Daniel McDonald, Solicitor advised as being in favour of staffs recommendation; expressed the opinion that the proposal would have a minimal effect on the surrounding properties; would be in keeping with the surrounding area and requested that Council approve the application. Discussion ensued regarding the potential traffic hazards with the entrance onto Lyon's Creek Parkway and it was noted that the Region be requested to re- examine the dangers of the entrance onto Lyon's Creek Parkway and to possibly install a sign advising of the danger to motorists regarding the hidden intersection. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 04/2003, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the application be approved. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -28 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 0312003; 6062 and 6076 Main Street 6055 and 6047 Ross Street; Applicant: Patterson Funeral Home; Parking for a Funeral Home. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to rezone 6062 and 6076 Main Street and the several portions of 6055 and 6047 Ross Street a new site specific GC zoning to permit the lands to function as one for parking purposes; 2. That site specific landscaping and fencing requirements along the residential properties and along Main Street be implemented through the amending zoning by- law as noted in this report. -AND Communication No. 64 Mr. Paul Badalian, located at 6065 Ross Avenue. The communication requests the installation of a 6 -foot wooden fence along the border line and the planting of pyramid type cedar trees alongside the fence -8- March 17, 2003 Council Minutes Communication No. 65 Gord Leona Fowle, 6041 Ross Avenue. The communication strongly objects to the proposed change in zoning. Communication No. 66 Kristine Foster, 6055 Ross Avenue. The communication provides comments on the proposed application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on February 14, 2003. His Worship Mayor Thomson received indication that Mr. Bill Amadio, Solicitor, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject 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 the planning review. He advised staff were in support of the requested zoning by -law amendment application as it represented a minor adjustment in the zoning boundaries that conform with the intent of the Official Plan; that the land would be placed in a site specific GC zone that would allow the lands to function as one for parking purposes. Mr. Bill Amadio, Solicitor advised that landscaping, fencing and storm water requirements should be addressed through the site plan process. He also advised that there was no need for a 10 -foot buffer in the back of the property as it could seriously impede the parking spots and the manoeuverability of vehicles and also from the applicant expanding the business at a future date. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 03/2003, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that Council approve recommendation #1 and eliminate recommendation #2. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -30 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 05/2003; Part of Twp. Lot 73, Portage Road; Applicant: Colson Colson Construction Co., Agent: Kristin Newland, Curry Brandow Architects; Proposed Retirement Residence. The report recommends the following: That the requested zoning By -law amendment to permit a retirement residence to be constructed on the east side of Portage Road be approved conditional upon: -9- March 17. 2003 Council Minutes 1. That the design of the development being refined to provide additional landscaping, including the screening and buffering along the rear property line; 2. That the design changes being satisfactorily completed prior to the enactment of the amending zoning by -law. -AND Communication No. 67 Regional Niagara, Planning and 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 February 14, 2003. His Worship Mayor Thomson received indication that Garth Brandow, Architect was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the recommendation report, the surrounding land uses; the public notification process and the planning review. He advised that there was a request for reduction in the parking requirement, however, given the age of the future residents, not as much parking would be necessary; there was to be a minor increase in height; the issue of landscaping, fencing, servicing and lighting would be addressed through the site plan and that staff were recommending approval of the requested amendment conditional upon the design of the development being refined to provide additional landscaping and outdoor amenity space be dealt with at the site plan process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Garth Brandow, Architect, advised that meetings had been held with the four residents in the area and that he was aware of their concerns. He indicated that fencing would be provided along the property line in order to provide buffering in the area, that some parking spots would be rearranged to satisfy the neighbours and, as a result, additional landscaping would be possible; he further stated that they were in support of staffs recommendations and that this development would be an asset to the community. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 05/2003, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool, that the report be received and adopted and further, that the residents be involved in the site planning process. Carried Unanimously. -10- March 17, 2003 Council Minutes PD- 2003 -29 Chief Administrative Officer- Re: Regional Policy Plan Amendment No. 170; Willoughby Land Use Study; Proposed Land Use and Conservation Policies. The report recommends the following: 1. That Council support Regional Policy Plan amendment No. 170 in principle; 2. That Council have input into any revised environmental policies and /or designations resulting from public and agency comments, as well as further discussions between local and Regional planning staff, on the amendment. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Fisher and Federow abstaining from the vote on conflicts of interest and with all others voting in favour. PD- 2003 -33 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; West Meadow (Plan 2), 26T -11 -9702; Owner: Wedgewood Builders of Niagara Ltd. The report recommends that Council support a one -year extension to draft plan approval for the West Meadow (Plan 2) Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD- 2003 -34 Chief Administrative Officer Re: request for Removal of Part Lot Control; Part of Block 99 and Closed Portion of Domenic Crescent; Registered Plan 59M -92, Calaguiro Estates (Phase 2); Applicant: Kybala Ventures Inc. The report recommends the following: 1. That Council repeal By -law No. 2003 -45, being a by -law designating certain land within the subdivision as exempt from part lot control; 2. That Council approve the request and pass a new consolidated by -law to designate the land identified in By -law 2003- 45 (Lots 8 to 12 inclusive and Lot 23), part of Block 99 and the closed portion of Domenic Crescent, Registered Plan 59M -92, as exempt from part lot control; 3. That the applicant be required to notify the City when the separate deeds as described on Schedule 2 of this report have been registered. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -54 REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Minutes of March 3, 2003 be adopted as printed. Carried Unanimously. Letters of Appreciation MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that a letter of appreciation be forwarded to Mr. Vito Scaringi and the Parks, Recreation and Culture staff for providing March Break Activities at Niagara Square. Carried Unanimously. Lone Wolf Lodge Project ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter of appreciation be forwarded to the Stamford Lions and Minor Hockey volunteers during the Atom Hockey Tournament. Carried Unanimously. His Worship Mayor Thomson commented on his successful trip to Michigan to finalize the Lone Wolf Lodge Project, slated to begin construction in the spring. COMMUNICATIONS March 17. 2003 Council Minutes Communication No.68 Niagara Catholic District School Board Re: Construction of a Parking Lot at L. B. Pearson Park. The communication requests the possibility of a partnership between the City, the Niagara Catholic District School Board and the Ontario Early Years Centre in developing and sharing the cost of constructing parking facilities at L.B. Pearson Park. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Craitor, that the request be approved. The motion Carried with Aldermen Federow and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Communication No. 69 Office of Councillor Brian McMullan Re: Reshaping the Council of Regional Niagara. The communication requests that during the second phase of the reshaping Regional Council process, municipalities be surveyed to gauge their viewpoints on various Regional governance issues. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that Aldermen Janvary-Pool; Puttick; loannoni and Mayor Thomson sit on the committee to make recommendations on these matters. Carried Unanimously. Communication No. 70 Niagara Falls Downtown Board of Management Re: Niagara Falls Downtown Board of Management 2003 Budget and names of individuals to serve as board members. The communication requests that Council approve the Niagara Falls Downtown Board of Management 2003 Budget and accept the appointment of Carmen Tartaglia and Sal Di Pietro to serve as board members and replace the positions left vacant on the Niagara Falls Downtown Board of Management. ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that the Niagara Falls Downtown Board of Management 2003 Budget be approved; and that the appointments of Carmen Tartaglia and Sal Di Pietro to the Niagara Falls Downtown Board of Management be approved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening be approved. 1. Adoption of the February 17, 2003 Community Services Committee Minutes; 2. MW- 2003 -55 Update on the Casino Road EA that the Committee authorize staff to prepare the Environmental Study Report and meet with area stakeholders Alderman Orr conflict; 3. MW- 2003 -45 Review of Parking Meter Fines that the set fine of $15.00 be reduced to $10.00 for the Downtown BIA and the Main Street BIA areas only; -12- March 17, 2003 Council Minutes 4. MW- 2003 -32 Huron Street, west of Ontario Avenue Chicane Skateboarding Concerns that the report be deferred for more information; 5. MW- 2003 -51 Union Marsh Drain Petition that the petition for the improvement of the Union Marsh Drain be accepted by the Committee in order to proceed with the improvements; 6. MW- 2003 -39 CN Railway Upgrade Kalar Road Modifications to Design and Cost Estimate that the City of Niagara Falls require CN Rail and the Minister of Transport to modify the agreement for the cost sharing and future maintenance of the gate and warning Control System on Kalar Road; 7. MW- 2003 -54 Site Alteration Permit Policies and Procedures -that staff be directed to prepare a by -law for Council's consideration to regulate the placing or dumping of fill, removal of topsoil or alteration to the grade of the land; 8. MW- 2003 -56 NW Quadrant Servicing Study EA that the City of Niagara Falls support the findings and the preferred alternative described in the Northwest Quadrant Servicing Study Environmental Assessment and further that staff be authorized to meet with the benefitting landowners to discuss cost sharing alternatives; 9. MW- 2003 -57 Mid Peninsula Transportation Corridor EA Terms of Reference Study Update that the City of Niagara Falls support the continued efforts of the Ministry of Transportation to finalize the Mid Peninsula Transportation Corridor Environmental Assessment Terms of Reference; 10. MW- 2003 -58 Development Agreement for the Beautification of Former Railway Lands Victoria Avenue (east side) to Clifton Hill HOCO Streetscape Proposal that the City approve the proposed landscaping plan and sidewalk construction and further that staff be directed to prepare a Development Agreement; 11. MW- 2003 -59 Development Agreement Oakwood Drive Extension Lundy's Regency Arms Corporation that staff be authorized to prepare a Development Agreement with Lundy's Regency Arms Corporation regarding the extension of Oakwood Drive; 12. R- 2003 -01 Landscape Development of the Kalar Road Community Sports Park Phase 2 "Home for Girls Soccer" TR 18 -2002 that the City enter into a contract agreement with Stevensville Lawn Service Inc. for the tendered works; 13. R- 2003 -15 -15 Don Johnson Park Washroom Facilities that washroom facilities at Don Johnson Park be installed at the City's expense. The motion Carried with Alderman Orr abstaining from the vote on Report MW- 2003 -55 on a conflict of interest and with all others voting in favour. F- 2003 -10 Chief Administrative Officer Re: 2002 Annual Statement of Remuneration and Expenses. The report recommends for the information of the Municipal Council. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that the report be received and filed for the information of Council. Carried Unanimously. -13- 3. That a land exchange be authorized as follows: March 17. 2003 Council Minutes F- 2003 -11 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Municipal Council approve the municipal accounts totalling $7,008,634.89 for the period ending March 17, 2003. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Craitor, Federow, Fisher and loannoni abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By -law No. 2003 -58 CPS 2003 -02 Chief Administrative Officer Re: Explanation regarding Money By- Law 2003 -10. The report recommends for the information of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be received and filed for the information of Council. Carried Unanimously. CD 2003 08 Deputations and Senior Staff Attendance at Council Meetings. The report recommends for the information and direction of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the report be received and filed. Carried Unanimously. L- 2003 -19 Chief Administrative Officer Re: Outdoor Opportunities Inc., Management of Easement Licences acquired through railway acquisition. The report recommends that The Corporation of the City of Niagara Falls enter into an Agreement with Outdoor Opportunities Inc., to manage the easement licences acquired through the railway land acquisition, pursuant to the terms and conditions as set out in Appendix "1" attached. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L- 2003 -21 -Chief Administrative Officer Re: Thorold Stone Mall and Exchange, 6161 Thorold Stone Road. The report recommends the following: 1. That part 5 on reference Plan 59R -6007, formerly part of Township Lot 73, now City of Niagara Falls, be declared surplus; 2. That this will constitute notice to the public with respect to the proposed sale of Part 5 on 59R -6007 to 820872 Ontario Limited and same will be considered by Council at its meeting of March 31', 2003, in the Council Chambers at 6:00 p.m.; (a) that Part 5 on Reference Plan 59R -6007, attached as Appendix "1" formerly part of Township Lot 73, now City of Niagara Falls be transferred to 820872 Ontario Limited, for $110,000.00 and further that 820872 Ontario Limited pay for all costs associated with the transfer; (b) that Part 1 on sketch attached as Appendix "2" be acquired by The Corporation of the City of Niagara Falls from 820872 Ontario Limited, for the sum of $28,000.00 and further that 820872 Ontario Limited pay for all costs associated with the transfer; (c) that 820872 Ontario Limited be credited the cost of constructing the proposed turn around, on Part 1 on sketch attached as Appendix "2 in the approximate amount of $17,000.00. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -51 -14- L- 2003 -23 Chief Administrative Officer Re: Outdoor Opportunities Inc., Development and Management of Outdoor Advertising Licences on City -owned lands. The report recommends that The Corporation of the City of Niagara Falls enter into an Agreement with Outdoor Opportunities Inc., to develop and manage outdoor advertising licences on City -owned lands, pursuant to the terms and conditions as set out in Appendix "1 attached. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. CONSENT AGENDA ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the Reports on the Consent Agenda be approved: 1. MW- 2003 -46 Orchard Grove West Subdivision CN Rail Sanitary Sewer Pipe Crossing Agreement Kalar Rd (Mile 27.60 Stamford Subdivision) 2. MW- 2003 -48 Tender NP -01 -2003 Supply Bituminous Patching Material and Asphalt Emulsions. 3. MW- 2003 -49 Tender NP-02 -2003 for the Supply of Ready Mix Concrete. 4. MW- 2003 -50 Electronic Mechanism Exchange Guardian Model -J.J. MacKay. 5. FS- 2003 -04 Purchase and Installation of New Boat Motors and Related Marine Operations Equipment. 6. CD- 2003 -07 Special Occasion Permit, Niagara South No -Hit Hockey League R F. 7. L- 2003 -20 Release of Site Plan Agreement; 4220 Stanton Avenue. Carried Unanimously RATIFICATION OF COMMITTEE -OF- THE -WHOLE MATTERS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Committee -of- the -Whole earlier this evening be approved: that the creation of a full -time Assistant Sign Maintainer position be approved; that the Assistant City Solicitor be authorized to appeal the decision of the Ontario Court of Justice, delivered on February 17, 2003, re: Dennis Chu and to take all necessary steps to prosecute the said appeal; that the City give authorization to pass the confirming by -law regarding the lands mentioned in Committee. BY -LAWS March 17, 2003 Council Minutes Carried ORDERED on the motion of Alderman Pietrangeto, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2003 -51 A by -law to declare surplus Part 5 on Reference Plan 59R -6007, being land owned by The Corporation of the City of Niagara Falls and to authorize that public notice be given of the proposed sale. -15- March 17, 2003 Council Minutes 2003 -52 A by -law to designate Lots 14, 15, 16, 17, 18 and 19 on registered Plan No. 228 not to be subject to part lot control. (Re: Oakwood) 2003 -53 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 by -laws. 2003 -54 A by -law to designate certain land not to be subject to part lot control (Re: Calaguiro) 2003 -55 A by -law to amend By -law No. 395, 1966, to permit a single family dwelling to be used as a tourist home. (Re: AM- 49/2002, Michael Nathalie Boyd) 2003 -56 A by -law to amend By -law No. 79 -200, to temporarily relieve a hotel from providing all of the required parking on the hotel lands and to temporarily permit another parcel of land to be used for off -site parking. (Re: AM- 06/2003, Allendale Avenue) 2003 -57 A by -law to amend By -law No. 79 -200, to temporarily relieve a hotel from providing all of the required parking on the hotel lands and to temporarily permit another parcel of land to be used for off -site parking. (Re: AM- 06/2003, Stanley Avenue) 2003 -58 A by -law to authorize monies for General Purposes (March 17, 2003) 2003 -59 A by -law to authorize execution of a Transfer /Deed from The Corporation of the City of Niagara Falls to The Corporation of the City of Niagara Falls for Part Range 22, Plan 1. 2003 -60 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of March, 2003. The motion Carried with Aldermen Craitor, Federow, Fisher and loannoni abstaining from the vote on By -law No. 2003 -59 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second and third time: 2003 -51 A by -law to declare surplus Part 5 on Reference Plan 59R -6007, being land owned by The Corporation of the City of Niagara Falls and to authorize that public notice be given of the proposed sale. 2003 -52 A by -law to designate Lots 14, 15, 16, 17, 18 and 19 on registered Plan No. 228 not to be subject to part lot control. (Re: Oakwood) 2003 -53 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 by -laws. 2003 -54 A by -law to designate certain land not to be subject to part lot control (Re: Calaguiro) 2003 -55 A by -law to amend By -law No. 395, 1966, to permit a single family dwelling to be used as a tourist home. (Re: AM- 49/2002, Michael Nathalie Boyd) 2003 -56 A by -law to amend By -law No. 79 -200, to temporarily relieve a hotel from providing all of the required parking on the hotel lands and to temporarily permit another parcel of land to be used for off -site parking. (Re: AM- 06/2003, Allendale Avenue) 2003-57 A by -law to amend By -law No. 79 -200, to temporarily relieve a hotel from providing all of the required parking on the hotel lands and to temporarily permit another parcel of land to be used for off -site parking. (Re: AM- 06/2003, Stanley Avenue) 2003 -58 A by -law to authorize monies for General Purposes (March 17, 2003) 2003 -59 A by -law to authorize execution of a Transfer /Deed from The Corporation of the City of Niagara Falls to The Corporation of the City of Niagara Falls for Part Range 22, Plan 1. 2003 -60 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of March, 2003. The motion Carried with Aldermen Craitor, Federow, Fisher and loannoni abstaining from the vote on By -law No. 2003 -59 on conflicts of interest previously noted and with all others voting in favour. Alderman Janvary-Pool advised that she was attending the Chamber of Commerce meeting on March 19, 2003 and that the Waste Management Meeting was also being held on March 19, 2003; she suggested that a member of staff attend the Waste Management meeting. Alderman Janvary-Pool advised that the Central Municipal Conference was being held on April 3, 2003 where the Ontarians with Disabilities Act would be presented. Alderman Janvary-Pool referred to the Greater Niagara Circle Trek Event taking place on Sunday, May 4 2003 at Firemen's Park. Alderman Janvary-Pool advised that the Niagara Falls Canucks would begin their playoffs on March 20 and March 22, 2003 and requested the community's support of the team. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORF DA, •t CLERK -16- NEW BUSINESS March 17, 2003 Council Minutes WAYNE THOMSON; MAYOR