2003/07/14FIFTEENTH MEETING
COMMITTEE -OF -THE- WHOLE
Committee Room 2
July 14, 2003
Council met on Monday, July 14, 2003 at 6:15 p.m. in Committee -of -the- Whole.
All members of Council, with the exception of Alderman Orr, were present. Alderman
Norm Puttick presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
READ AND ADOPTED,
DEAN IORFID CI LERK
REGULAR COUNCIL
WAY HOMSON, MAYOR
Council Chambers
July 14, 2003
Council met on Monday, July 14, 2003 at 6:25 p.m. for the purpose of considering
Planning /Regular Business matters. All members of Council, with the exception of
Alderman Orr, were present. Alderman Ken Feren offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on Report F- 2003 -36, Cheque
No. 276525, because the District School Board of Niagara is his employer.
Alderman Craitor indicated a pecuniary interest on Communication
No. 158, because he is involved with an organization that conducts bingo; and on
Report F- 2003 -36, Cheque Nos. 276436; 276437; 276629; 276630; 276631; 276851
and 277029, because a member of his family is employed by the Region.
Alderman Federow indicated a pecuniary interest on Report F- 2003 -36, Cheque
No. 276604, because a member of his family is employed by the Niagara Catholic
District School Board and on Cheque Nos. 2764141276607 and 276822 because he
has an ongoing conflict with the Niagara Falls Humane Society..
Alderman Feren indicated a pecuniary interest on Report F- 2003 -36, Cheque
No.276534 because his company is the recipient.
Alderman Pietrangelo indicated a pecuniary interest on Report F- 2003 -36,
Cheque No. 276604, because he is employed by the Niagara Catholic District School
Board.
Alderman Wing indicated a conflict of interest on the matter dealing with the
fireworks display because she owns property with a Niagara Parks employee.
The Mayor's Youth Advisory Committee
St. George Serbian Orthodox Church
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PRESENTATIONS
July 14, 2003 Council Minutes
Inspector Doug Kane, Niagara Regional Police Service expressed his
appreciation on behalf of the Mayor's Youth Advisory Committee to members of Council
for their ongoing support of the Committee's initiatives; and introduced Mr. Dan
Costabile, Chairperson, the Mayor's Youth Advisory Committee, who provided a brief
overview of the fundraising events that had been held and presented a cheque in the
amount of $6,500.57 toward the City's Skate Park.
Mr. Dan Kolundzic, President, St. George Serbian Orthodox Church and
Ms. Draga Dragasevich, Serbian National Shield Society, discussed the many
accomplishments of Nikola Tesla and presented a lithograph to the City in honour of its'
recognition of Nikola Tesla Day.
Mr. Zoran Pavlovic, Consul General, Serbia Montenegro, presented
greetings from the Mayor of Belgrade to the City of Niagara Falls.
His Worship Mayor Thomson thanked the attendees for their presentations and
indicated that the lithograph would be hung in an appropriate place in City Hall.
DEPUTATIONS
Niagara Falls Multicultural Festival
Mr. Ken Ling, Niagara Falls Multicultural Festival, introduced Ms. Sharon
Westerside, who provided a presentation on a proposed Multicultural, Mardi gras type
of festival in Niagara Falls, to be held in conjunction with the City's 100 anniversary
celebrations
Following the presentation, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Campbell, that the matter be referred to staff and the Civic
Committee. Carried Unanimously.
Niagara Falls Community Centre
Mr. David Schram, Project Consultant and Victor John Collins, Architect,
provided a brief overview on the conceptual design of the Community Centre.
Dr. Ian Brown acknowledged the support of the Mayor and members of Council
and provided an update on the fundraising efforts to date; he advised that 2 million
dollars would be required from the community toward the Community Centre and
reviewed the donor recognition program that was in place.
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R- 2003 -47 Chief Administrative Officer Re: Niagara Falls Community Centre
(NFCC) Quarterly Report.. The report recommends the following:
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1. That Council receive the report for information.
2. That Council approve the schedule of naming opportunities for Capital Campaign
donations including the requirement that any naming of the Community Centre
building must be approved by Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the report be received and adopted. Carried Unanimously.
July 14, 2003 Council Minutes
Grand Boulevard
Communication No. 150 The Director of Municipal Works. The communication
suggests that any decision regarding the Grand Boulevard be deferred until the
Functional Design Study for the Grand Boulevard has been presented to Council as
well as the various stakeholders.
Communication No. 151a) Brian Duxbury, Solicitor on behalf of the Yerich
family. The communication advises that his clients are opposed to any suggestion or
request that the Grand Boulevard policy be reopened for consideration.
Communication No. 151b) Falls Management Company. The communication
advises as being strongly opposed to any consideration of amending the Grand
Boulevard concept as defined and described int eh City's Official Plan (OPA #26) at this
late stage.
Communication No. 151c) Resolution of the Victoria Centre BIA, dated July 7,
2003. The communication advises as being very supportive of the People Mover being
located on the former CP rial lands, now owned by the City of Niagara Falls and the
Casino.
Ms. Italia Gilberti, Solicitor, Broderick Partners, on behalf of the members
on the Victoria Centre BIA, expressed concerns that the new vehicular and pedestrian
traffic flows of the proposed Grand Boulevard would have a negative impact On Victoria
Centre B.I.A. tourist establishments. She indicated that the members were very
supportive of the People Mover system being located on the former CP rail lands; they
were, however, urging Council to direct City staff to amend the Official Plan to route the
Grand Boulevard from Victoria Avenue down Ferry Street and turning left onto the
Fallsview subdistrict; that no vehicular or pedestrian traffic be located on the former CP
Rail lands; that any streetscaping be placed along both sides of Victoria Avenue and
Ferry Street, down to Stanley Avenue and not on the former CP Rail lands and
requested that the Victoria Centre B.I.A be permitted to be involved in the consultation
process.
Mr. Rocky Vacca, Solicitor, Sullivan Mahoney, on behalf of a number of Ferry
Street \Fallsview Boulevard area owners, advised that his clients were in support of the
Victoria Centre B.I.A's position as stated by Ms. Gilberti; he expressed concerns that
the location of the Grand Boulevard would negate long established, historical
pedestrian and
vehicular traffic patterns in the area; he advised that the Ferry Street/Fallsview
Boulevard group supports, in principle, the concept of the People Mover system along
the rail line right -of -way and the concept of linking the Fallsview and Clifton Hill tourist
districts but does not support the use of the People Mover right -of -way for vehicular or
pedestrian traffic.
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July 14, 2003 Council Minutes
Mr. Victor Muratori, Solicitor, Sullivan Mahoney representing a number of
hotels in the Fallsview District, reviewed Section 4.1.14 and 4.1.14 of the Official Plan
which indicated there was a distinct alignment on Fallsview Boulevard and that Grand
Boulevard follows Fallsview Avenue and not the railway lands; he expressed concerns
that any realignment would be very detrimental to those hotel owners who have made
extensive improvements to their properties and were dependent on the alignment.
The Chief Administrative Officer clarified that no discussions had been held with
regard to any changes occurring to the alignment on Fallsview Boulevard.
In response to questions raised, the Director of Municipal Works advised that a
presentation on the Grand Boulevard would be made at a forthcoming meeting
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that the matter be received and filed. Carried
Unanimously.
Fireworks Displays
Mr. Frank De Luca, referred to Council's approval of the firework displays for the
months of July and August, 2003, and expressed concerns regarding environmental
and noise impacts on the local residents. He requested that Council reconsider their
decision and limit the number of fireworks to be held.
Mr. Noel Buckley, President, Niagara Falls Tourism, explained that all
regulatory authorities were advised and had no concerns with the fireworks displays;
clarified that any benefits from the SARS Recovery Program were not in the form of
lump sum payments but involved various cooperative marketing ventures; he
mentioned that the fireworks were just one component of the various efforts, including a
concert series, to bring tourists in during this difficult summer. He informed Council that
Niagara Falls Tourism had no complaints from the area residents and had canvassed
many.
In response to questions raised, Mr. Buckley advised that the SARS Recovery
Program was not available to individual businesses but that it was meant to be a
marketing initiative for destination marketing
Ms. Barbara Hoffy, advised that she was in complete support of the fireworks
displays.
Ms. Debbie Dowd, requested that the large `banging" type of fireworks that were
held at the end of each display be eliminated during the week.
AND
Communication No. 152a) Sarah Wood, Event PR Coordinator, Niagara Falls
Tourism. The communication provides information with respect to funding for the
additional fireworks throughout the summer.
AND
Communication No. 152b)- Emails from Mr. Frank De Luca. The communications
express concern with respect to the fireworks displays that will be set off every night at
10:00 p.m. during the summer.
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Communication No. 152c) The Niagara Parks Commission. The communication
provides clarification on the concerns expressed with regard to the nightly fireworks at
the Falls during the summer of 2003.
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July 14.2003 Council Minutes
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RESOLUTION NO. 19 PUTTICK FEREN THEREFORE BE IT RESOLVED that
Council pass this resolution formalizing their approval of the Niagara Parks
Commission's request for fireworks every evening in July and August. AND The Seal of
the Corporation be hereto affixed.
The motion Carried with Alderman Wing abstaining from the vote on a conflict of
interest and with all others voting in favour.
PLANNING MATTERS
PD- 2003 -68 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 22/2003, 5709 Victoria Avenue 5823 Ellen Avenue; Applicant:
Jim Pattison Entertainment Ltd., Agent: Michael Allen, Architect; Proposed
Museum with Off Parking. The report recommends the following:
1. That Council approve the requested amendments for building height and lot
coverage for a proposed museum at 5709 Victoria Avenue conditional upon a
10 -foot stepback being provided at the 40 -foot level;
2. That Council require cash -in -lieu of parking for 10 spaces instead of the
applicant's request for off -site parking.
-AND
Communication No. 153 Regional Niagara, Planning and Development
Department. The communication advises as not being opposed to the proposed
zoning by -law amendment application.
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Communication No. 154 British Canadian Veterans Association (Imperials) of
Niagara Falls. The communication advises as being opposed to the off -site parking.
His Worship Mayor Thomson 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 13, 2003.
His Worship Mayor Thomson received indication that Mr. Michael Allen,
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 Deputy Director of Planning and Development discussed the subject
property with the assistance of posted sketches, reviewed the surrounding land uses
and the planning review; advised that staff would support the application for building
height and lot coverage if the building was designed to provide a stepback form at the
40 -foot height; but indicated that staff was not support the request for off -site parking
and were recommending cash -in -lieu. He further advised that if the request for off-site
parking was approved, the applicant would be required to enter into a site plan
agreement.
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July 14, 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
negative response in opposition to the application.
Mr. Michael Allen, requested that Council support the request for off -site parking
on lands located at the southwest corner of Magdalen Street and Ellen Avenue; he
indicated that cash -in -lieu was not economically feasible for his client and that his client
would be willing to provide the required road widenings, the daylighting triangle and
would invest monies to beautify the existing parking lot. He further advised that he
would like to alleviate the site plan agreement process in order to move the building
permit through as quickly as possible and any improvements to the site would be
executed over a period of five years. Mr. Allen also indicated that the applicant was
willing to work with the Planning and Engineering Departments in order to minimize the
destruction to the existing paving and grading to achieve the benefit of the parking lot
The Deputy Director of Planning and Development advised that a site plan
agreement should be in place in order that the road widening features are secured.
Also, it was mentioned that the cash -in -lieu would be approximately $100,000.
In response to questions raised, Mr. Allen advised that his client was aware of
the debris problems and that full time staff persons would be on site to monitor the
situation, and that the neighbouring property's concerns would be addressed through
fencing or buffering
Mr. Gino Stranges advised that this was an exciting project and the area
businesses were in favour of this development.
Mr. Jim Roberto, indicated that if cash -in -lieu was required, he would be willing
to pay this over a number of years.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 22/2003 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that
Council approve Recommendation #1 and approve the request for off -site parking with
a site plan agreement to be done in a timely fashion, providing for road widening
dedication and landscape improvements, with additional underground servicing and
paving, if required, to be done over a maximum 5 -year period; and further, that the
applicant work with the British Canadian Veterans Association (BCVA) to alleviate their
concerns. Carried Unanimously.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo,
that the correspondence be received and filed. Carried Unanimously.
PD- 2003 -68- Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 24/2003, East Side of Mears Crescent; Applicant: 1527151
Ontario Limited; Agent: John Cox, Planner; Proposed 32 -Unit Townhouse
Development. The report recommends the following:
1. That Council approve the Zoning By -law amendment application for lands on the
east side of Mears Crescent to permit the construction of a 32 -unit townhouse
development;
2. That Council withhold passage of the amending by -law until the appeal of the
associated consent application is resolved by the Ontario Municipal Board.
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July 14, 2003 Council Minutes
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Communication No. 155 Joan and George Skelding, 8413 Mears Crescent. The
communication expresses concerns regarding density and height of the proposed units
and suggests a reduction to one storey units.
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Communication No. 156 Petition headed by Olive Royston. The petition
expresses opposition to the proposed 32 -unit townhouse development.
His Worship Mayor Thomson 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 13, 2003.
His Worship Mayor Thomson received indication that Mr. James Fryett 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 Deputy Director of Planning and Development discussed the subject
property with the assistance of posted sketches; advised that the 35 acre land was
currently zoned institutional and that the applicant was requesting a site specific
amendment to permit the construction of a 32 -unit townhouse development; he advised
that the proposal complied with the residential policies of the Official Plan; that the
development has been designed at a density and with the appropriate setbacks,
landscaping, massing and building heights to integrate with the surrounding lands; that
the proposal is a reduction in the development potential of the land which supports the
principles of Smart Growth and that the amending by -law will site specifically regulate
the development. Staff were recommending 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
positive
response in opposition to the application.
Mr. Al Riley, 8461 Mears Crescent, questioned whether another development
with a higher density could go in, once the project was approved; expressed concems
regarding the drainage problems that have been encountered and of the sewer capacity
for this development; referred to the construction of sidewalks on Mears Crescent that
would destroy the 30 -year old trees; expressed concerns regarding access of
emergency vehicles to the development and submitted a petition requesting for a
reduction of the number of units to be constructed to 25.
Mr. Riley was advised that any alternative development would have to go
through the same process of coming before Council for consideration.
The Director of Municipal Works advised that staff would try to minimize the loss
of trees. He further advised that flow monitoring was being conducted on Weinbrenner
Road and storm water has to be captured on site and could not be directed to
neighbouring properties.
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July 14, 2003 Council Minutes
The Director of Municipal Works also indicated that the present holding tanks
would not be removed.
Mr. Ted Rigby, 8345 Mears Crescent, advised that he was not objecting to the
project but expressed concerns over the sewer capacity and grade /elevation of the
property.
Ms. Mary Szabo, 8389 Willoughby Drive, stated that she would like to see the
land maintained as green space.
Ms. Betty Toth, 8445 Willoughby Drive, expressed concerns regarding further
hydro power surges and traffic concerns with the addition of the 32 -unit development.
She was advised that staff would contact Niagara Falls Hydro regarding the power
surge concerns and that the development would have no impact on the "Little
Mississippi
Mr. Don Ede expressed concerns regarding water problems and enquired
whether the holding tanks would be removed when this development came in.
The Director of Municipal Works reiterated that the holding tanks would not be
removed.
Mr. James Fryett, Architect, advised that the application for severance had been
approved by the Committee of Adjustment and that an appeal had been registered with
regard to the severance with the Ontario Municipal Board. He provided an artist's
rendering of the proposed development. Mr. Fryett requested that Council consider
moving forward with the passage of the amending by -law so that if there were any
appeals they could be heard in conjunction with the severance appeal at the O.M.B.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to AM- 24/2003 closed.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher,
that Recommendation #1 be approved; that Council not withhold the passage of the
amending by -law and further, that the residents be included in the site plan process.
Carried Unanimously.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo,
that the correspondence be received and filed. Carried Unanimously.
PD- 2003 -66 Chief Administrative Officer Re: Danny O's, 6383 Drummond Road;
Status Report, Parking and Sidewalk Cafe Issues. The report recommends that
Council receive this report for information purposes.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni
that the report be received and filed. Carried Unanimously.
REGULAR COUNCIL
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor
that the Planning /Regular Minutes of June 16, 2003 be adopted as printed. Carried
Unanimously.
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July 14, 2003 Council Minutes
MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS
Letters of Appreciation
His Worship Mayor Thomson requested that a letter of appreciation be
forwarded to Walker Bros., for their involvement in landscaping, paving and improving
the access for some of the properties in the Stanley Avenue/McLeod Road area and to
the Region for taking into consideration the needs of the people in the area.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman
Pietrangelo, that a letter of appreciation be forwarded to Walker Bros and to the
Region. Carried Unanimously.
Severance of Acres Property
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a
letter of appreciation be forwarded to Serge Felicetti, Business Development and senior
staff for all their efforts in dealing with Vincor's request for an 8 -acre severance from the
Acres property and to Mr. Paul Montini, purchaser of the Acres property, for agreeing to
the 8 -acre severance. The motion Carried with Alderman Volpatti abstaining from the
vote on a conflict of interest and with all others voting in favour.
Increased Staffing for City Wading Pools
His Worship Mayor Thomson referred to the recent opening of the Leslie Park
Pool Splash Pad and advised that this successful format was to be utilized in other
areas of the City. The Mayor and the Director of Parks, Recreation Culture explained
that new legislation administered by the Public Health Department requires qualified,
first aid staff supervise wading pools.
Referendum on Municipal tax increases
His Worship Mayor Thomson commented on how other municipalities are
objecting to the Provincial government's platform on municipalities holding a
referendum in order to increase taxes.
Canada Day Events /Activities
Mayor Thomson expressed his appreciation to Aldermen Fisher and Craitor and
to the Firefighters' Combat team for their participation in the Canada Day events.
Grand Opening of the W.A. "Buck" Hinsperger Pool
Alderman Fisher expressed her appreciation to members of Council and City
staff and all those involved at the grand opening of the W.A. "Buck" Hinsperger Pool on
July 8, 2003 at the Chippawa Lions Park.
AND
Memorandum from the City Clerk
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COMMUNICATIONS
Communication No. 157 The Niagara Food Wine Classic Re: Special
Occasion Permit. The communication requests Council's support to allow for a Special
Occasion Permit under the Alcohol Gaming Commission of Ontario requirements.
AND
RESOLUTION NO. 20 VOLPATTI CAMPBELL THEREFORE BE IT RESOLVED
that the Niagara Food Wine Classic is a significant event that is deserving of City
Council support. AND The Seal of the Corporation be hereto affixed. Carried
Unanimously.
Communication No. 158 Bingo Country Charities Association Re: City's Bingo
Licencing Fee. The communication advises that Bingo is a main fundraising means
for various charities and that some events incur losses; and suggests that the City take
some of the loss by way of a credit to the charities in an amount of the loss up to but
not exceeding the licence fee paid for that event.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher,
that the matter be referred to staff. The motion Carried with Alderman Craitor
abstaining from the vote on a conflict of interest previously noted and with all others
voting in favour.
REPORTS
July 14.2003 Council Minutes
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti,
that the actions taken in Community Services Committee, earlier this evening, be
approved:
1. Approval of the June 16, 2003 Community Services Committee Minutes;
2. Charnwood Avenue Petition, Sidewalks Trees as per the Subdivision
Agreement that staff meet with the residents of Charnwood Avenue to come to
a resolution as to sidewalk location;
3. Canadian Niagara Hotels Proposed Spiderman sign that the proposed
"Spiderman" sign be approved;
4. Niagara Falls Taxi Use of two bus stops on Victoria Avenue (in front of Econo
Lodge in front of Screamers) that the request from Niagara Falls Taxi for use
of the two bus stops on Victoria Avenue be tabled for two weeks for a staff
report;
5. Lundy's Lane Motel Owners that the Federal Provincial governments be
requested to consider interest -free loans to all sectors in Niagara Falls as a
result of the economic downturn;
6. MW- 2003 -123 Municipal Class Environmental Assessment Schedule B Grey
Avenue from Ferry Street to Peer Street That Option #6 partial
closure /reversal as identified in the Grey Avenue EA be tabled to September 8
2003 and that notification go out beforehand;
July 14, 2003 Council Minutes
7. MW- 2003 -124 Request to Purchase Surplus City -Owned Land (0.659 ha) west
side of Girl's Home for Soccer Property, Silvestri Investments that staff enter
into negotiations for the sale of 0.659 HA on the west side of Girls' Home for
Soccer to Silvestri Investments for fair market value; and that Silvestri pay for all
costs associated with the purchase;
8. MW- 2003 -131 Greenway Estates Subdivision, Remain Works that the City
utilize securities provided to complete remaining Class III Works for the
Greenway Estates Subdivision;
9. R- 2003 -46, Increased Park Surveillance that the report be received for
information;
10. MW- 2003 -134 Casino Road EA Update that the report be received for
information;
11. MW- 2003 -135 Casino Roads Reconstruction Contract Issues that staff be
authorized to include a bonus /penalty clause in the contract for road
reconstruction for the new casino;
12. New Business:
That $600.00 be given to the two local soccer players competing in Korea;
That consideration of a speed bump on Alpine Senior parking signs be
referred to the Parking Traffic Committee.
Carried.
RATIFICATION OF ENVIRONMENTAL PLANNING GREENING COMMITTEE
ACTIONS
R- 2003 -45 Chair, Environmental Planning Greening Committee. The report
recommends that Council endorse the actions of the June 18, 2003 meeting of the
Environmental Planning Greening Committee.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool,
that the actions taken at the Environmental Planning Greening Committee Meeting on
June 18, 2003 be approved: Carried Unanimously.
R- 2003 -48 Chairperson, Arts and Culture Commission Re: Arts Culture
Commission CD Proposal. The report recommends that Council approve the CD
Fund Raising Proposal.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman
Pietrangelo, that the report be received and adopted. Carried Unanimously.
FS- 2003 -10 Chief Administrative Officer Re: Purchase of ISI Self- Contained
Breathing Apparatus (SCBA). The report recommends that Council approve the
purchase of 70 sets of ISI Self- Contained Breathing Apparatus (SCBA) units along with
spare air bottles, Rapid Intervention Team Rescue Bags and maintenance software at a
total cost of $496,548.00.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
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July 14. 2003 Council Minutes
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL
ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE
MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED
OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that
the following reports be received and adopted.
1. F- 2003 -36, Municipal Accounts that Council approve the municipal accounts
totalling $17,222,359.54 for the period ending July 14, 2003;
2. BBS- 2003 -07, Indexing of Development Charges that this report be received
for the information of Council;
3. MW- 2003 -120 Agreement of partnership with Integrated Municipal
Services (IMS) that staff be authorized to enter into an Agreement of
partnership with
integrated Municipal Services (IMS) as per costs included in attached Schedule
4. MW- 2003 -125 Development Charges Update Study; Consultant
Engagement, C.N. Watson Associates that C.N. Watson Associates be
engaged by the City of Niagara Falls to complete the update of the Development
Charges Background Report at a cost of $49,700.00 plus GST;
5. MW- 2003 -127 Consulting Services for the Bridge and Culvert Inspections
that in accordance with the City's Consultant Selection Policy, it is recommended
that the City of Niagara Falls enter into a Consulting services Agreement with
Ellis Engineering Inc., for the Inspections of Bridges and Culverts for the upset
limit of $30,000.00, excluding GST.;
6. MW- 2003 -128 Contract 2003 -02; 2003 Sidewalk Concrete Repair
Program that the unit prices submitted by the low tenderer, Centennial
Construction and Contracting (Niagara) Inc., be accepted;
7. MW- 2003 -129 Tender #11 -2003; New Equipment Purchases, Heavy Duty
that the following bidders be awarded the respective new equipment tenders for
heavy duty vehicles as follows:
a) Eastgate Truck Centre, Hamilton for two (2) Trucks, Cab Chassis with
Dump Body /Spreader and Snowplow Wing in the amount of
$298,425.00;
b) Eastgate Truck Centre, Hamilton for one (1) 58,500 Ib. GVRW Tandem
Truck with Dump Box in the amount of $137,511.25;
c) Toromont Industries, St. Catharines for one (1) Rubber Tire Loader
Extend -a -Hoe in the amount of $155,825.00 after trade -in- allowance;
8. MW- 2003 -130 Renovations to Kitchen Area; Fire Station #1; Tender 08-
2003 that Council award Tender #08 -2003 for the proposed renovations to the
kitchen area of Fire Station #1; 5809 Morrison Street to T.A.T. Construction of
Fenwick, Ontario for the total tendered sum of $24,974.00 including G.S.T.;
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July 14.2003 Council Minutes
9. MW- 2003 -133 Highway 420 /QEW, Structure #7 Replacement, Toronto
Bound Traffic that this report be received and filed;
10. R- 2003 -49 Depositing of Fill Material at the City's Mewburn Road Site,
north of Mountain Road that Council receive and file this report for information
purposes;
11. R- 2003 -51 Winter Ice Schedule for Municipal Arenas that City Council
approve the Schedules for Special Events and Regular Use of Inter Ice for the
2003/2004 Season;
12. FS- 2003 -09 Purchase and Installation of Office Furniture for Fire
Prevention Office that Council authorize the purchase and installation of office
furniture for the Fire Prevention Office from Mayhew and Associates of
Burlington at a total cost of $23,248.90 plus taxes;
13. CD- 2003 -15 Special Occasion Permit that Council indicate it has no
objection to the issuance of a Special Occasion Permit to the organizations listed
in this report;
14. L- 2003 -43 Permanently Close Part of Unnamed Road Allowance between
Lots 2 and 3, north of Biggar Road and south of Grassy Brook Road; being
also referred to as Misener Road; Offer for Sale to Grand Niagara Resort
Inc., and Canadian pacific Railway That the unnamed road allowance also
referred to as Misener Road, described in Schedule "A" and shown hatched on
Schedule "B" attached, "Unnamed Road Allowance") be declared surplus and a
portion be offered for sale, at fair market value, to an abutting owner, Grand
Niagara Resort Inc. and the remaining portion shown hatched and shaded on
Schedule "B be offered for sale, at fair market value to Canadian Pacific
Railway; That Grand Niagara Resort Inc. pay for all costs associated with its
purchase, including the cost of an appraisal, reference plan and all notices; That
Canadian Pacific Railway pay for any costs associated with its purchase; That
this will constitute notice to the public with respect to the proposed sale of the
Unnamed Road Allowance described in Schedule "A" and shown on Schedule
"B" attached, and same will be considered by Council at its meeting of August
11, 2003, in the Council Chambers at 6:00 p.m. The contact person is the writer
of this report.
15. L- 2003 -49 Establishment of Public Highway; Part 1 on 59R -7271; as part of
Fallsview Boulevard that a road widening, being Part 1 on Reference Plan
59R -7271 attached as Schedule "A be established as a public highway, to be
known as Fallsview Boulevard.
Carried
RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the actions taken in Committee -of- the -Whole taken earlier this evening, be approved:
Court action between Beefeater and the City of Niagara Falls that Council consent
that the action be dismissed against it and its employees without ceivtrried Unanimously.
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
leave be granted to introduce the following by -laws; and the by -laws be read a first time:
-14-
July 14, 2003 Council Minutes
2003 -121 A by -law to amend By -law No. 79 -200, to add a retirement home as a
permitted use on land zoned GC. (Re: AM- 05/2003, Colson Colson
Construction)
2003 -122 A by -law to amend By -law No. 70 -69, to permit a reduction in lot area for
two proposed lots. (Re: AM- 15/2003, Dale Joan Koabel)
2003 -123 A by -law to amend By -law No. 79 -200, to permit a one family detached
dwelling to be used as a tourist home, containing not more than two
bedrooms for tourists. (Re: AM- 24/2002, Dianne Chopp)
2003 -124 A by -law to establish part of a road allowance between Township Lots 122
and 134 Stamford lying between Kalar Road part 3 on 59R -3079 as a
public highway, to be known as and to form part of Racey Avenue.
2003 -125 A by -law to amend By -law No. 395, 1966, to temporarily permit a machine
shop operation on a parcel of land zoned Rural. (Re: AM- 11/2003,
Michael Joan Stoll)
2003 -126 A by -law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan.
2003 -127 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 -128 A by -law to establish Part 1 on Reference Plan 59R -7271 as a public
highway, to be known as and to form part of Fallsview Boulevard.
2003 -129 A by -law to authorize execution of a Transfer /Deed from 6006787 Canada
Inc. to The Corporation of the City of Niagara Falls.
2003 -130 A by -law to amend By -law No. 79 -200, to permit the development of an
inn on lands located on the southwest corner of Terrace Avenue and Elgin
Street. (Re: AM- 16/2003, Veronica Balaj)
2003 -131 A by -law to amend By -law No. 79 -200, to permit the development of an
apartment dwelling on the west side of Montrose Road, south of Thorold
Stone Road. (Re: AM- 17/2003, Costantino Construction Ltd.)
2003 -132 A by -law to amend By -law No. 79 -200, to permit the construction of a
commercial building and to recognize an existing commercial building on
the northwest corner of Drummond Road and Taylor Street. (Re: AM-
18/2003, Phong Chu)
2003 -133 A by -law to authorize monies for General Purposes (July 14, 2003)
2003 -134 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 14 day of July, 2003.
The motion Carried with Aldermen Campbell, Craitor, Federow, Feren and Pietrangelo
abstaining from the vote on By -law No. 2003 -133 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:
-15-
July 14, 2003 Council Minutes
2003 -121 A by -law to amend By -law No. 79 -200, to add a retirement home as a
permitted use on land zoned GC. (Re: AM- 05/2003, Colson Colson
Construction)
2003 -122 A by -law to amend By -law No. 70 -69, to permit a reduction in lot area for
two proposed lots. (Re: AM- 15/2003, Dale Joan Koabel)
2003 -123 A by -law to amend By -law No. 79 -200, to permit a one family detached
dwelling to be used as a tourist home, containing not more than two
bedrooms for tourists. (Re: AM- 24/2002, Dianne Chopp)
2003 -124 A by -law to establish part of a road allowance between Township Lots 122
and 134 Stamford lying between Kolar Road part 3 on 59R -3079 as a
public highway, to be known as and to form part of Racey Avenue.
2003 -125 A by -law to amend By -law No. 395, 1966, to temporarily permit a machine
shop operation on a parcel of land zoned Rural. (Re: AM- 11/2003,
Michael Joan Stoll)
2003 -126 A by -law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan.
2003 -127 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 -128 A by -law to establish Part 1 on Reference Plan 59R -7271 as a public
highway, to be known as and to form part of Fallsview Boulevard.
2003 -129 A by -law to authorize execution of a Transfer /Deed from 6006787 Canada
Inc. to The Corporation of the City of Niagara Falls.
2003 -130 A by -law to amend By -law No. 79 -200, to permit the development of an
inn on lands located on the southwest comer of Terrace Avenue and Elgin
Street. (Re: AM- 16/2003, Veronica Balaj)
2003 -131 A by -law to amend By -law No. 79 -200, to permit the development of an
apartment dwelling on the west side of Montrose Road, south of Thorold
Stone Road. (Re: AM- 17/2003, Costantino Construction Ltd.)
2003 -132 A by -law to amend By -law No. 79 -200, to permit the construction of a
commercial building and to recognize an existing commercial building on
the northwest corner of Drummond Road and Taylor Street. (Re: AM-
18/2003, Phong Chu)
2003 -133 A by -law to authorize monies for General Purposes (July 14, 2003)
2003 -134 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 14 day of July, 2003.
The motion Carried with Aldermen Campbell, Craitor, Federow, Feren and Pietrangelo
abstaining from the vote on By -law No. 2003 -133 on conflicts of interest previously
noted and with all others voting in favour.
-16-
NEW BUSINESS
Noise By -law
Alderman Victor Pietrangelo referred to and submitted a petition from
approximately 76 homes expressing opposition to the noise being emitted from an
outdoor patio, at Tropix Bar on Lundy's Lane and requesting enforcement of the noise
By -law; and further, that the noise By -law be modified and updated. Alderman
Pietrangelo also requested that any residents with complaints have access to by -law
enforcement officers during off -hours and weekends.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell,
that the existing noise By -law be updated and that the matter come back to the
subsequent Council meeting. Carried Unanimously.
Proposed MTO Fencing
Alderman Ken Feren referred to and submitted a petition from the residents in
the area of Canterbury Crescent/Monastery Drive, requesting that the Ministry of
Transportation move a proposed fence closer to the QEW in order that access to the
nearby forest is not restricted.
ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the
matter be referred to staff. The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest because he resides in the area.
July 14.2003 Council Minutes
Changes to By -law No. 7775
Alderman Ken Feren referred to and submitted a petition headed by Susan
Hamill requesting that By -law #7775, the fence by -law be changed. More specifically,
the section that currently allows residents to have a 4 -foot high fence, 3 feet from the
sidewalk, hinders drivers from seeing pedestrians or children on bicycles. Alderman
Feren requested that the matter be referred to staff.
City's Tennis Courts
Alderman Norm Puttick referred to vandalism on the City's tennis courts and
requested further comments from the Director of Parks, Recreation Culture, who
provided background information on the vandalism problems that have been
encountered and, as a result, the subsequent removal of the tennis nets. She advised
that the tennis nets have again been put up and that a security company had been
retained in order to patrol the City's parks.
Roundabout/Rotary at Intersection of 420 /Stanley Avenue
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the
matter of having a "Roundabout" or "Rotary" at the intersection of Highway 420 and
Stanley Avenue be looked into. Carried Unanimously.
Stop Lights at Dorchester /McLeod Road
Alderman Kim Craitor referred to the stop lights (North /South) on Dorchester
Road /McLeod Road and requested that the Region expedite the matter of providing an
advanced green Tight in that area.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
Region expedite the matter of providing an advanced green light in the area of
Dorchester /McLeod Road. Carried Unanimously.
Lundy's Lane /Frederica
Bridge Openings
Alderman Kim Craitor advised of another 3 -car accident in the area of Lundy's
Lane and Frederica and enquired when this matter would be coming back to Council.
He was advised by The Director of Municipal Works that the Dorchester Road EA would
be coming back on August 11th.
St. Thomas More Church
Letter of Appreciation
-17-
July 14, 2003 Council Minutes
Alderman Kim Craitor referred to a petition from the parishioners of St. Thomas
More Church expressing concerns of the difficulty of making a left-hand turn onto
Dorchester Road due to the high traffic volumes.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the
matter be referred to staff and to the Parking and Traffic Committee. Carried
Unanimously.
Unlawful Soliciting in the Tourist Core
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that
the matter of unlawful soliciting in the tourist area be referred to staff. Carried
Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that
leave be granted to proceed past 11 o'clock. Carried Unanimously.
Alderman Paisley Janvary-Pool enquired as to when the City's bridges would be
open and was advised by the Director of Municipal Works that the City's bridge on
Drummond Road would be open on Wednesday, July 16 2003 but that the M.T.O.
bridge was still being constructed.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Volpatti,
that a letter of appreciation be forwarded to Mr. David Petheram, for his efforts in
creating, beautifying and maintaining a flower bed at 5- corners in front of the Hakim
property. Carried Unanimously.
Niagara Falls Horticulture Society
Alderman Paisley Janvary-Pool advised that the N.F. Horticulture Society
Garden walk, which was held on July 12 2003 was a great success and thanked
everyone for attending.
Niagara Bigga Tomatofest
Alderman Paisley Janvary-Pool reminded members of Council and the
community that the Niagara Bigga Tomatofest was being held on August 15, 2003 at
Club Italia with proceeds going to the United Way.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman
Pietrangelo, that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
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July 14, 2003 Council Minutes
DEAN IORFIDPI, CITY CLERK WAYNE THOMSON, MAYOR