Loading...
2003/09/08Council met on Monday, September 8, 2003 at p.m. in Committee -of- the Whole. All members of Council were present. Alderman Kim Craitor presided as Chairman. Committee Room #2 September 8, 2003 Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, SEVENTEENTH MEETING PLANNING MEETING DEAN1OR ITY CLERK THOMSON, MAYOR PLANNING MEETING Council Chambers September 8, 2003 Council met on Monday, September 8, 2003 at 6:10 for the purpose of considering Planning /Regular business. All members of Council, were present. Alderman Kim Craitor offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Alderman Federow indicated a pecuniary interest on Report F- 2003 -40, Cheque No. 277684 because he is the recipient and on Cheque Nos. 277879 and 277880 because he has an ongoing conflict with the Humane Society. Alderman Feren indicated a pecuniary interest on Report F- 2003 -40, Cheque No. 278104 because his company is the recipient. Alderman Fisher indicated a pecuniary interest on Report F- 2003 -40, Cheque No. 277990 because she is the recipient. Alderman loannoni indicated a pecuniary interest on Report F- 2003 -40, Cheque Nos. 277704 and 278111 because she is the recipient. Alderman Orr indicated a pecuniary interest on Report MW- 2003 -157, from the Community Services Committee meeting, because she is employed by the Casino. Alderman Pietrangelo indicated a pecuniary interest on Report PD- 2003 -78, and on By -law No. 2003 -155, because family members are involved in testamentary devise matters. Alderman Volpatti indicated a pecuniary interest on Report PD- 2003 -81 because a family member has a contractual relationship with the applicant; and on the matter dealing with property on Dorchester Road from the Committee -of- the Whole, and on By -law No. 2003 -164, because a family member is employed by Vincor International; and indicated a pecuniary interest on Report F- 2003 -40, Cheque No. 277771 because she is the recipient. Alderman Wing indicated a pecuniary interest on Report MW- 2003 -154 and on By- Law No. 2003 -162, because she owns property with a Niagara Parks employee. National Lawn Bowling Championships 2003 Summer Trillium Awards Residential Category First Place Second Place Third Place Award of Merit First Place Second Place Third Place Award of Merit PRESENTATIONS Irene Bodorkos Bill Wilma Selman Lyle Debra Teakle Frank Sandy Leslie Placido Patti lammarino Larry Shirley Maraldo Sam Fran Long Sue Hilston Phil Kym Cody Dave Rhonda Petheram Commercial Institutional /Industrial /Multiple Dwelling Complexes September 8, 2003 Council Minutes His Worship Mayor Thomson made a presentation to Ryan Stadnyk, in recognition of winning a Gold medal at the National Lawn Bowling Championships in the Men's Single Division, in Regina Saskatchewan. His Worship Mayor Thomson, and members of the Environmental Planning Committee presented the 2003 Summer Trillium Awards to the following: Patterson Funeral Home (Ed Ruth Nieuwesteeg) Betty's Restaurant (Joe Miszk) Somerset Court (Theresa Bensen) Happy Wanderer Restaurant (Hilde Mercenik) Fairhaven (Jeff Eidt) Canada One Factory Outlet (Steve Keilhau) Best Neighborhood Category Residential (sponsored by the Niagara Falls Horticultural Society) First Place Jim Maria Long Gery Deborah Mercnik Michel Alicia Demers Allan Daphna Saks Tony Linda Crocco Dino Sherry DiCienzo First Place cont'd Award of Merit Park in the City National Coffee Break Day Alpha Events Courses -3- George Carmela Bandi Jamie Rosalie Morocco Gary Kathleen Spironello Robert Beth Prest Carmen Jill Morinello Mr. Mrs. Ruddell Cosmo Luidia Menechella Steven Nancy DeProphetis Dave Edie Mullen Mr. Mrs. Stanislawek Barry Gloria Zimmerman John Mary Bak Jim Yvonne Diodati George Laurie Walker Greg Pam Lesco Joseph Alma Thompson Larry Shirley Maraldo John Sharlene Seidl Brett Danielle Dickson Lina Orlands Rita Woodhead Donnie Marlene Speck Nicole Moreau Fred Ewacha DEPUTATIONS Alderman Selina Volpatti, Chair of the Beautification Committee, introduced Mr. Russell Bole, a member of the Environmental Planning Greening Committee; he outlined the concept of the "Park in the City" competition formerly known as Communities in Bloom; Mr. Boles reviewed the 8 categories for evaluating the communities; advised that a Public meeting was scheduled for October 8, 2003 at the Niagara Falls Public Library, LaMarsh Room at 7 p.m., in order to gather community interest and participation, especially in light of the City's Centennial in 2004. September 8, 2003 Council Minutes Lorna Anstruther, Alzheimer Society of Niagara Region, advised that on September 18, 2003, the Alzheimer Society of Niagara Region would be celebrating their 7th Annual National Coffee Break Day in support of the Alzheimer Society; she provided information on the event and of the services that the Alzheimer Society provides to the community and encouraged members of Council and the community to participate in this worthwhile fundraising event. Valerie Williams, Alpha Regional Advisor, gave a brief outline of the Alpha Events Courses program and provided information on "A Practical Guide to the Christian faith" initiative dinner scheduled for September 19, 2003. -4- PLANNING MATTERS September 8, 2003 Council Minutes PD- 2003 -81 Chief Administrative Officer Re: Zoning By -law Amendment Application for Site Plan Control; Applications AM- 14/2003 SPC- 06/2003, 5950 Victoria Avenue; Applicant: Niagara 21" Group Inc., Agent: Italia Gilberti, Solicitor; Proposed 10 Storey Hotel. The report recommends the following: 1. That Council defer its decision on the 10- storey Zoning by -law amendment application and the four storey Site Plan Control application as both applications are premature as the Grand Boulevard Functional Design Study has been completed but not adopted by Council and other issues as noted in this report, and in Report PD- 2003 -58, remain unresolved; 2. That Council direct staff to continue to work with area stakeholders to further investigate Grand Boulevard alternatives. AND Communication No. 189 Brian Duxbury, Solicitor. The communication advises as objecting to the application. AND Communication No. 190 Falls Management Company. The communication advises that, in view of the advanced stage of completion of the Casino complex, as strongly objecting to any actions the City may take that would deviate from the stated "Grand Boulevard" policies; but would not be adverse to consider the City staffs efforts on other alternatives that would preserve the original principles of the Grand Boulevard objectives and maintain a strong pedestrian linkage across Murray Street to Victoria Avenue within the Grand Boulevard alignment. AND Communication No. 191 Sullivan Mahoney Re: Ferry Street/Fallsview Blvd. Group; Grand Boulevard. The communication advises as supporting the alternative presented by the Consultants which would lead to an amendment to the Official Plan to install the Grand Boulevard along Victoria Avenue and Ferry Street rather than on the railway right -of- way; advises as not supporting the installation of vehicular or pedestrian traffic along the railway right -of -way from Victoria Avenue into the Fallsview Tourist District; and of fully supporting the extension of the Grand Boulevard and connection to the Fallsview Tourist District from ferry Street down Fallsview Boulevard and not supporting the connection being located on Clark Street; fully supporting the removal of on- street parking on Victoria Avenue and Ferry Street to accommodate the development of the Grand Boulevard. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, was in attendance on behalf of the applicant. Ms. Gilberti advised that although the applicant was in agreement with staffs request for a deferral, the applicant requested that the matter be deferred until October 6, 2003, in order to grant the applicant sufficient time to make some changes that will resolve the outstanding issues and afford City staff sufficient time to review those changes. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 14/2003 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that Council defer its decision to the October 6, 2003 Council meeting. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in favour -5- September 8, 2003 Council Minutes Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that Council direct staff to continue to work with area stakeholders to further investigate Grand Boulevard alternatives. Carried PD- 2003 -77 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 28/2003; 6095 Fallsview Boulevard; Applicant: James Swales; Legalization of Existing Tattoo Studio. The report recommends that Council approve the requested Zoning By -law amendment application to legalize an existing Tattoo Studio at 6095 Fallsview Boulevard and to reduce the parking requirement from eight to six, conditional upon the applicant obtaining a business licence. -AND Communication No. 192 Regional Municipality of Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment from either a Regional or Provincial planning perspective. Act. 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 August 8, 2003. His Worship Mayor Thomson received indication that the applicant, Mr. James Swales, in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. 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 reviewed the application, noted that the tattoo parlour use was not as of right in the zoning but advised that staff were recommending approval so that the applicant could legalize the business' status. 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 AM- 23/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD -2003- 80 Chief Administrative Officer Re: Official Plan and Zoning By -law Amendment Applications; AM- 23/2003, Proposed Residential; Applicant: Metro Development; Agent: Rick Brady; West Side of Garner Road, North of Lundy's Lane. The report recommends the following: -6- September 8, 2003 Council Minutes 1. That Council approve the Official Plan amendment application to designate the majority of the lands for residential use with Special Policy provisions addressing the matters in this report; 2. That the lands be zoned "Development Holding AND Communication No. 193 Dr. John Bacher. The communication provides comments on the protection /preservation of the woodlot and the significance of the wooded area -AND Communication No. 194- Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the amendments to the City's Official Plan and Zoning By -law subject to the requirements as outlined in their communication. AND Communication No. 195 C A Brosens, 5021 Garner Rd. The communication advises as having no objections to the proposed application. -AND Communication No. 196 P. Grandoni, R.R. #1, 4810 Garner Road. The communication expresses the opinion that the complete woodlot be preserved and protected permanently; provides comments on the environmental impact study; the wildlife in the area; the proposed subdivision plan and its storm water and sanitary sewage capacity. -AND Communication No. 197 CN Railways. The communication requests that the following policies be included in the Official Plan Amendment: that "any proposed development will be required to undertake noise and vibration studies, to the satisfaction of the Municipality and CN, and shall undertake appropriate measures to mitigate any adverse effects from noise and /or vibration that were identified." and that "development adjacent to railways shall ensure that appropriate safety measures such as setbacks, berms and security fencing are provided, to the satisfaction of the Municipality and CN." AND Communication No. 198 Ministry of Transportation. The communication advises as having no objection, in principle, to the proposed Official Plan and Zoning By -law Amendment application. AND Communication No. 199 Niagara Peninsula Conservation Authority. The communication provides clarification on the "Hydrological Significance" comments contained in Dr. John Bacher's letter. AND Communication No. 200 Mr. Richard Yeung, MTO. The communication advises that "the section of Hwy. 20 is designated as a controlled access highway; the r.o.w. for the proposed future Hwy 20 is 60m wide, and theat any proposal will need to account for the 60m strip; in addition any proposed structures above and below ground must be set back a distance of 14m from the ministry r.o.w. limit; this will include buildings, road, utilities, stormwater detention ponds, parking, etc." AND Communication No. 201 Parks, Recreation Culture Inter Department Memorandum. The communication comments that the subject property is isolated from other residential areas in the Westlane community and recommends that an area be recognized that would function as a neighbourhood park. AND Communication No. 202 J. Brugman, Uppers Lane, R. R. #1. The commu8nication advises as being in support of the proposed application. AND Communication No. 203 Buffalo Audobon Society, Inc., North Java, New York, U.S.A. The communication urges that Council not approve the rezoning of the Fernwood Subdivision of Fruitland Developments. AND Communication No. 204 Hynde Paul Associates Incorporated. The communication advises as expressing the concern about the future road and land use pattern for the area and the possible need for access onto Beechwood Road to service the lands to the east. Act. -7- September 8. 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 advertising in the Niagara Falls Review on August 9, 2003 and by prepaid First Class mail on August 8, 2003. His Worship Mayor Thomson received indication that Mr. Victor Muratori, 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, reviewed the background information; the surrounding land uses; the planning analysis, and the public notification process. He explained that the application was the first phase in the approval process, that the land was currently zoned industrial and the application was for the lands to be zoned "Development Holding that details of the development would come forward as part of subdivision plan process and that issues related to buffering, the water system and wood lots would have to be addressed in the future. The Director advised that staff were recommending approval subject to the establishment of the special policies addressing the seven (7) matters as outlined in the Recommendation report. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. -8- September 8, 2003 Council Minutes Mr. Greg Hynde, Hynde Paul Associates, advised that his client, Reliance Financial Development Group, own a parcel of approximately 13.2 acres of land on Beechwood Road, north of the driving range and west of the subject lands He advised that his client's lands were currently outside the City's Urban Boundary, designated for agricultural purposes in the Regional Policy Plan, despite being too small for agricultural purposes, yet his client's lands were zoned for residential purposes locally. Mr. Hynde felt that Beechwood Road was a better delineation for the urban boundary; he apprised Council that his clients had submitted an application for a Regional Policy Official Plan and Zoning By -law Amendment to include their land in the urban area boundary. Mr. Hynde indicated support of the application and felt there were economies of scale that could be realized between the subject property and his clients' land. The Director of Planning Development responded to an inquiry that the Smart Growth concepts did not deal with urban boundary expansion but encouraged infilling. Mr. George Banks, Solicitor on behalf of Ms. Jean Grandoni, expressed concerns with regard to the two woodlots on the subject lands; he felt that based on his initial investigations that there could be a provincially significant wetland on the subject lands, that there was the presence of the rare and endangered Greenbrier trees and that the proposal inadequately protected the woodlot. Mr. John Bacher, 134 Church Street, St. Catharines, expressed the view that woodlots and certain species of trees should be protected and preserved for future generations. He requested that Council defer the recommendations until a full evaluation of the wood lot has been conducted. Mr. Bob Gorson, 5769 Beechwood Road, stated that he lived in the area because it was isolated. He felt that the City should be encouraging infilling as opposed to this project which would see a "leap frogging" of residential development. Ms Christine Maytas, 5821 Beechwood Road, expressed concerns regarding residential development "creeping" into the areas outside the urban boundary, the effect on natural habitat, the watercourse realignment, the location of the proposed highway and how the groundwater would be affected. Mr. Alan Barnett, 4622 Garner Road, expressed the opinion that due to subdivision developments the natural fish habitat and woodlots were in danger. He also expressed concerns about increased traffic in the area. Ms. Marianne McMaster, 9301 Beaverdams Road, expressed concerns regarding the effects of the buffer zones, the impact of winter salt on the forests and increased density. Mr. Victor Muratori, Solicitor, responded to concerns expressed with respect to the Environmental Impact Study prepared by L. Campbell Associates and pointed out that the consultant was a certified wetlands evaluator, who had identified the Greenbrier and its location; he stated that this property had always been in the urban boundary, zoned industrial, that the City, who had owned the land, never moved to have the woodlots designated as an environmental protection area and that the only protection currently afforded the land was, possibly, through the Region's tree by -law. Mr. Muratori advised that the change in the designation to Development Holding would provide a greater level of protection than the current zoning. He mentioned that the many of the agencies who had been asked for comments, none had recommended against the application or had indicated that the applicant's studies were lacking. Mr. Muratori stated that the 5 acre woodlot was diseased which would threaten the good woodlot. He added that the good woodlot would go into the public domain. -9- September 8, 2003 Council Minutes Mr. Rick Brady, Agent, stated that the Department of Fisheries Oceans were in favour of the relocation of the stream; he pointed out that the property could currently be quarried, which would be a worse use. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 23/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that further investigations into the significance of the potential wetlands and woodlots occur. Carried ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -79 Chief Administrative Officer Re: Minor Change to Zoning Approval and Cash -in -Lieu Agreement; J. Roberto; 5709 Victoria Avenue. The report recommends the following: 1. That Council pass a resolution that no further public notice of zone change is necessary; 2. That Council authorize a cash -in -lieu agreement as outlined; 3. That Council direct staff to prepare terms of reference for a comprehensive study of parking requirements in the tourist core. -AND Communication No. 205 Mr. Guy Ungaro, Solicitor, on behalf of the property owner. The communication requests that the matter deferred pending a meeting with City staff. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the matter be deferred at the request of the applicant. Carried Unanimously. PD- 2003 -76 Janice Wing, Alderman Municipal Heritage Committee Re: Matters Arising from the Municipal Heritage Committee Meeting; 3174 St. Patrick Avenue and 6590 Dunn Street. The report recommends the following: 1. That Council approve in principle, a grant for $1,400 plus tax for the restoration of the stone foundation at 3174 St. Patrick Avenue; 2. That Council approve in principle, the replacement of the porch window at 6590 Dunn Street. ORDERED on the motion of Alderman Wing, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. PD- 2003 -78 Chief Administrative Officer Re: Site Plan Application Fees; Testamentary Devise Lots. The report recommends that Council approve the reduction in fees for the approval of site plans for testamentary devise lots and pass the associated by -law on tonight's agenda. Letters of Condolence ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Aldermen Feren and Pietrangelo vacated Council Chambers. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Planning /Regular Minutes of August 11, 2003 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Mary Jane Mulligan, wife of Edward J. Mulligan and a well-respected resident of the community. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that a letter of condolence be forwarded to the family of the late Albert Scordino on their recent loss. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that a letter of condolence be forwarded to the family of the late Giovanni Serra on their recent loss. Carried Unanimously. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Harold Thomas Finbow, a Board member to the Niagara Falls Wall of Fame. Carried Unanimously. Alderman Pietrangelo returned to Council Chambers. September 8, 2003 Council Minutes See By -law No. 2003 -155 COMMUNICATIONS September 8, 2003 Council Minutes Communication No. 206 Lupus Foundation of Ontario Re: Proclamation. The communication requests that the month of October, 2003 be proclaimed as "Lupus Awareness Month" and that the flag be flown during the month of October. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the requests be supported. Carried Unanimously. Communication No. 207a) -The Royal Canadian Legion, Branches No. 51, 396 and 479 Proclamation. The communication requests that the week of September 21S to September 27 2003 be proclaimed as "Legion Week AND Communication No. 207b). The communication requests permission to hold a flag raising ceremony on Monday, September 22n 2003 in honour of Legion Week. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the requests be supported. Carried Unanimously. Communication No. 208 The Ontario Association of Architects Re: Proclamation The communication requests that the week of September 28 to October 4 2003 be proclaimed as "Architecture Week" in Niagara Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, hat the request be supported. Carried Unanimously. Communication No. 209 Greater Niagara Baseball Association Re: Oaks Park Diamonds. The communication requests to partner with them to improve the Oakes Park Diamonds #1 and #2. ORDER on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the matter be referred to staff and to budget deliberations. Carried Unanimously. Communication No. 210 City of Niagara Falls Board of Museums Re: Changes to By -law Nos. 73 -23 and 76 -65. The communication requests that consideration be given to updating By -law Nos. 73 -23 and 76 -65 as suggested. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the matter be referred to staff. Carried Unanimously. Communication No. 211 Ukrainian Canadian Civil Liberties Association Re: Installation of Plaque. The communication requests permission to place a wall or pole mounted bronze plaque on the Niagara Falls Armoury grounds to ensure that the history of this site as being an internment camp in the First World War is suitably remembered. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the matter be referred to staff. Carried Unanimously. Communication No. 212 Canadian Association of Fire Chiefs Re: Proclamation. The communication requests that the week of September 7 to September 13 2003 be proclaimed as "National Firefighters Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Approval of the Minutes of the August 11, 2003 Community Services Committee; New Business September 8, 2003 Council Minutes 2. MW- 2003 -123 Municipal Class Environmental Assessment Schedule B Grey Avenue from Ferry Street to Peer Street that Option 3 of Grey Avenue be approved and that Heavy Vehicle Restriction Signs be installed; 3. MW- 2003 -153 Garner Road Sanitary Sewer Project (Lundy's Lane to McLeod Road) Local Improvement Project that Municipal Works staff meet with property owners on the east side of Kalar Road to discuss the design, construction and financing of a local sanitary sewer; 4. MW- 2003 -156 Traffic Circle Proposal Highway 420 at Stanley Avenue that this report be received and staff to further research the feasibility and effectiveness of the use of traffic circles; 5. MW- 2003 -155 Orchard Grove West Sewer Agreement that staff arrange a meeting with the benefitting property owners to discuss the cost sharing arrangements for the newly constructed sanitary sewer on Kalar Road; 6. MW- 2003 -157 Fallsview Boulevard Reconstruction Joint Casino \city Road Works Update that the Fallsview Blvd. Reconstruction Joint Casino /city Road Works Update be received for the information of Council Alderman Orr conflict; 7. MW- 2003 -159 Kalar Road Reconstruction and Widening McLeod Road to Westwood Street -That Philip's Engineering Ltd. be engaged to complete the Class Environmental Assessment for the reconstruction of Kalar Road from McLeod Road to Westwood Street and that the work includes a traffic impact assessment study of the proposed commercial plaza. 1. That the City send a letter complimenting staff on their hard work in achieving CPR/First Aid Certification; 2. That the Ailanthus Avenue Petition be referred to staff and to the Police. Carried MW- 2003 -152 Chief Administrative Officer Storm Event of August 5, 2003. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and filed. Carried Unanimously. R- 2003 -57 Chair, Sports Wall of Fame Committee Re: 2003 Sports Wall of Fame Committee Inductees. That Council endorse the Inductees to the 2003 Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall of Fame Committee: ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. FS- 2003 -11 Chief Administrative Officer Re: Replacement Defibrillators. The report recommends that Council authorize the purchase of six (6) replacement Defibrillators from Laerdal Medical Canada, at a total cost of $68,310.00 including taxes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2003 -62 Chief Administrative Officer Re: Privacy Protocol for Personal Information records "PIR The report recommends that the Privacy Protocol for Personal Information Records as set out in Schedule "A" be adopted. -13- September 8. 2003 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the report be deferred for further information. Carried Unanimously. 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 Pietrangelo, seconded by Alderman Fisher, that the reports contained on the Consent Agenda be received and adopted. 1. MW- 2003 -154, Contract 2003 128 -03; Casino Roads Reconstruction; 2. F- 2003 -40, Municipal Accounts; 3. L- 2003 -56, Establishment of a Public Highway, Part 3 on 59R -12151 as part of Montrose Road; 4. L- 2003 -57, Establishment of a Public Highway, Part 3 on 59R -11929 as part of Dorchester Road; 5. L- 2003 -58, Release of Site Plan Agreement; 6505 Fallsview Boulevard; 6. L- 2003 -59, Establishment of Public Highway; part 3 on 59R -11595 as part of Leonard Avenue; 7. L- 2003 -61, Haulage Road Trail, Encroachment Agreements; 8. L- 2003 -63, Agreement with Niagara Regional Police Services Board Re: Regulations of Live Adult Businesses By -law. The motion Carried with Alderman Orr and Alderman Wing abstaining from the vote on Report MW- 2003 -154 on a conflict of interest and with all others voting in favour. See By -law No. 2003 -152 See By -law No. 2003 -153 See By -law No. 2003 -165 RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS 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: 1) Re: Anderson vs the City lawsuit of November 7, 2002 that the City respond to our Insurance Adjuster, Mr. Cowan and advise that the City would not retain outside Counsel over and above the Solicitor retained by the Insurance to defend the action. 2) Re: Property known as 5065 Dorchester Road that the City enter into an agreement of purchase and sale with the owner on the terms and the amounts as set out by the City Solicitor in his confidential verbal report. The motion Carried with Alderman Volpatti abstaining from the vote on the Dorchester Road matter on a conflict of interest and with all others voting in favour. -14- RESOLUTIONS NO. 24 WING ORR THEREFORE BE IT RESOLVED that a liquor licence at 4437 Queen Street is not in the public interest having regard to the needs and wishes of the residents of Niagara Falls and should, therefore, be refused. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 25 PIETRANGELO ORR THEREFORE BE IT RESOLVED that the Federal Government, specifically the Minister of National Revenue, be petitioned to ensure that staffing levels at the Niagara River bridges are sufficient to ensure the expeditious flow of goods and traffic across the border; and FURTHER BE IT RESOLVED that staff levels at the International Bridges on the Niagara River not decrease to pre -2000 levels; and FURTHER BE IT RESOLVED that this resolution also be forwarded to the area M..P's and the Councils of Fort Erie and Niagara -on- the -Lake. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY -LAWS September 8, 2003 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws; and the by -laws be read a first time: 2003 -151 A by -law to establish Part 3 on Reference Plan 59R -12152 as a public highway, to be known as and to form part of Industrial Street. 2003 -152 A by -law to establish Part 3 on Reference Plan 59R -11929 as a public highway, to be known as and to form part of Dorchester Road. 2003 -153 A by -law to establish Part 3 on reference Plan 59R -11595 as a public highway, to be known as and to form part of Leonard Avenue. 2003 -154 A by -law to amend By -law No. 2002 -197, being the Live Adult Businesses by- law. 2003 -155 A by -law to amend By -law 2003 -141, a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2003 -156 A by -law to amend By -law No. 79 -200, to permit the construction of two, three storey apartment dwellings, with an integrated commercial component on the east side of Drummond Road (Re: AM- 42/2002, 6870, 6886 6892 Drummond Road) 2003 -157 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home (Re: AM- 21/2003, 4841 Simcoe Street) 2003 -158 A by -law to amend By -law No. 1538 (1958), to preclude a residential use. (Re: AM- 26/2003, 8123 Young Road). 2003 -159 A by -law to amend By -law No. 79 -200, to permit the establishment of a contractor's or Tradesman's shop. (Re: AM- 27/2003, 5629 Slater Avenue) 2003 -160 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. -15- September 8, 2003 Council Minutes 2003 -161 A by -law to authorize the execution of a Subdivision Agreement with 527786 Ontario Limited respecting Orchard Grove West Subdivision. 2003 -162 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: OPA #49, AM- 20/2003) 2003 -163 A by -law to amend By -law No. 79 -200, to permit an increase in building height and lot coverage. (Re: AM- 22/2003, Jim Pattison Entertainment Ltd.) 2003 -164 A by -law to amend By -law Nos. 79 -200, 99 -104, 2001 -103 and 2001 -23, to relieve certain developments from providing all of the required parking spaces on site and to permit some or all of the required and additional parking spaces for these developments and employee parking spaces, by valet or other services, on land to be used as a satellite parking lot (Re: AM- 20/2003, Niagara 21s Group) 2003 -165 A by -law to authorize monies for General Purposes (September 8, 2003) 2003 -166 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of September, 2003. The motion Carried with Alderman Pietrangelo abstaining from the vote on By -law No. 2003- 155 on a conflict of interest previously noted; Aldermen loannoni and Wing voting contrary to the motion on By -law No. 2003 -156; Alderman Wing abstaining from the vote on By -law No. 2003 -162 on a conflict of interest previously noted; Alderman Federow voting contrary to By -law No. 2003 -164; and Aldermen Federow, Feren, Fisher, loannoni, Volpatti and Wing abstaining from the vote on By -law No. 2003 -165 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 -151 A by -law to establish Part 3 on Reference Plan 59R -12152 as a public highway, to be known as and to form part of Industrial Street. 2003 -152 A by -law to establish Part 3 on Reference Plan 59R -11929 as a public highway, to be known as and to form part of Dorchester Road. 2003 -153 A by -law to establish Part 3 on reference Plan 59R -11595 as a public highway, to be known as and to form part of Leonard Avenue. 2003 -154 A by -law to amend By -law No. 2002 -197, being the Live Adult Businesses by- law. 2003 -155 A by -law to amend By -law 2003 -141, a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2003 -156 A by -law to amend By -law No. 79 -200, to permit the construction of two, three storey apartment dwellings, with an integrated commercial component on the east side of Drummond Road (Re: AM- 42/2002, 6870, 6886 6892 Drummond Road) 2003 -157 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home (Re: AM- 21/2003, 4841 Simcoe Street) -16- September 8, 2003 Council Minutes 2003 -158 A by -law to amend By -law No. 1538 (1958), to preclude a residential use. (Re: AM- 26/2003, 8123 Young Road). 2003 -159 A by -law to amend By -law No. 79 -200, to permit the establishment of a contractor's or Tradesman's shop. (Re: AM- 27/2003, 5629 Slater Avenue) 2003 -160 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 -161 A by -law to authorize the execution of a Subdivision Agreement with 527786 Ontario Limited respecting Orchard Grove West Subdivision. 2003 -162 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: OPA #49, AM- 20/2003) 2003 -163 A by -law to amend By -law No. 79 -200, to permit an increase in building height and lot coverage. (Re: AM- 22/2003, Jim Pattison Entertainment Ltd.) 2003 -164 A by -law to amend By -law Nos. 79 -200, 99 -104, 2001 -103 and 2001 -23, to relieve certain developments from providing all of the required parking spaces on site and to permit some or all of the required and additional parking spaces for these developments and employee parking spaces, by valet or other services, on land to be used as a satellite parking lot (Re: AM- 20/2003, Niagara 21s Group) 2003 -165 A by -law to authorize monies for General Purposes (September 8, 2003) 2003 -166 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of September, 2003. The motion Carried with Alderman Pietrangelo abstaining from the vote on By -law No. 2003- 155 on a conflict of interest previously noted; Aldermen loannoni and Wing voting contrary to the motion on By -law No. 2003 -156; Alderman Wing abstaining from the vote on By -law No. 2003 -162 on a conflict of interest previously noted; Alderman Federow voting contrary to By -law No. 2003 -164; and Aldermen Federow, Feren, Fisher, loannoni, Volpatti and Wing abstaining from the vote on By -law No. 2003 -165 on conflicts of interest previously noted and with all others voting in favour. Bill 124 NEW BUSINESS Alderman Norm Puttick referred to correspondence received from AMO regarding Bill 124, the Building Code Statute Law Amendment Act, 2002, which will include restrictions on building permit fees and other regulations; AMO had advised that the Bill would have real cost impacts and that municipal liability needed to be more fully addressed. Alderman Puttick requested that the matter be referred to staff for a report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the matter be referred to staff for a report with regard to Bill 124. Carried Unanimously. Provincial Issues Alderman Norm Puttick expressed concerns on the lack of funding from the Provincial government dealing with the issue of autistic children amongst other Provincial issues. It was suggested that staff prepare a list of municipal concerns, such as downloading, room tax, funding for autistic children and the requirement of municipal referenda in order to increase taxes, and forward them to the Provincial candidates to see what their positions are on these issues. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that staff prepare a list of municipal concerns, such as downloading, room tax, funding for autistic children and the requirement of municipal referenda in order to increase taxes, and forward them to the Provincial candidates to see what their positions are on these issues. Carried Unanimoulsy. Regional Smoking By -law Alderman Wayne Campbell commented that several bars have opened outdoor patios as a result of the smoking by -law and have moved their music outside onto the patios. He was advised by the City Solicitor that a staff committee had been formed comprising of the Planning; Building, Legal and Clerk's Departments. to deal with the issue of noise and patios. Also, it was mentioned that by -law officers had been out on the weekend to deal with such issues. Alderman Wing expressed concerns regarding the economic impact of the Region's anti smoking by -law. Council was advised that staff would get further information. No Parking and No Stopping Signs September 8, 2003 Council Minutes Alderman Kim Craitor referred to the ad in the Niagara Falls Review which advises parents of elementary school children to obey the Parking and No Stopping Signs that have been posted. He advised that the City has taken a zero tolerance attitude and would fine all those individuals that do not obey these signs. Mayor Thomson advised that congestion problems are being encountered at Kate S. Durdan and Loretto Schools, due to poorly designed drop -off and pick -up points. It was suggested that access be provided through the Girls Home for Soccer parking lot and that staff be directed to expedite this matter as quickly as possible. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that access be provided through the Girls Home for Soccer parking lot and that staff be directed to expedite this matter as quickly as possible. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest and with all others voting in favour. Crime Prevention Tourist Safety Conference Alderman Carolynn loannoni provided information on the 2003 Crime Prevention Tourist Safety Conference being held on September 16 to 18'", 2003 and encouraged members of Council to attend. Thank You Alderman Shirley Fisher expressed appreciation to MP Gary Pillitteri and MPP Bart Mayes for their help for our community and thanked all three Provincial candidates for providing information to the community in order that residents can make an informed decision at election time. READ AND ADOPTED, ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the meeting be adjourned. Carried Unanimously. DEAN IORPIDA, CITY CLERK W September 8, 2003 Council Minutes NE THOMSON, MAYOR