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2005/08/29Council met on Monday, August 29, 2005 at 7:05 p.m. in an In Camera Session. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Selina Volpatti presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. READ AND ADOPTED, SIXTEENTH MEETING IN CAMERA SESSION REGULAR COUNCIL MEETING ADOPTION OF MINUTES Committee Room 2 August 29,2005 DEAN IO$fIDA, CITY CLERK ALD. VINCE ERRIO, ACTING MAYOR Council Chambers August 29, 2005 Council met on Monday, August 29, 2005 at 7:20 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Selina Volpatti offered the Opening Prayer. ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the minutes of August 8, 2005 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing to report PD- 2005 -62 because she owns abutting property. Alderman Kerrio to report PD- 2005 -67, Site Plan Agreement, 5481 Dunn Street, because the owner is his neighbour. DEPUTATIONS /PRESENTATIONS Women's Place of South Niagara Ruthann Brown, Executive of Director of Women's Place of South Niagara expressed her sincere appreciation to the Mayor and Council for their ongoing support of Woman's Place Niagara. Ruthann advised the members of Council of the upcoming Golf Tournament on Thursday, September 15, 2005 at the Niagara Falls Golf Club, she also challenged the Council to enter a foursome in the tournament. -2- August 29, 2005 ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti that Council enter a foursome in the upcoming Golf Tournament for Women's Place of South Niagara. Carried Unanimously Thundering Waters Dragan Matovic, Thundering Waters Golf Course outlined the opening of the golf course and the recent John Daly event on August 3 at Table Rock. He presented Council with an autographed event poster as a memento. Mr. Matovic also presented a cheque for $20,000 to The Boys and Girls Club of Niagara Falls. The money was raised through a golf cart run through the City on the day of the event. PLANNING MATTERS PD- 2005 -65 Chief Administrative Officer; Re: Official Plan Zoning By -law Amendment Application; AM- 15/2005, 4431 Victoria Avenue (former Kimberly -Clark Building) Applicant: Gomar Enterprises Inc. Proposed Festival Market Dinner Theatre. The report recommends that Council approve the application for an Official Plan and Zoning By -law amendment for a festival market and dinner theatre with associated uses as detailed in this report; and the amending zoning by -law include a holding provision that can be removed upon satisfactory completion of a traffic study, record of site condition and confirmation of right of access to the property. The City Clerk advised that a public meeting to now being convened to consider a proposed amendment to the City's Official Plan and zoning by -law to permit a proposed Festival Market and Dinner Theatre at 4431 Victoria Avenue. He advised that Notice of the Public meeting was given by First class mail, in accordance with the Planning Act on Friday July 26, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. ORDERED on the motion of Alderman Volpatti seconded by Alderman Campbell that the report be deferred until Council has received and considered the comprehensive Downtown Implementation Plan. Motion Carried with Alderman loannoni, Morocco and Wing opposed. PD- 2005 -63 Chief Administrative Officer; Re: Zoning By -law Amendment Application; AM- 21/2005, 5225 Ontario Avenue. Applicant: Robert James Craig. Proposed Cottage Rental Dwelling The report recommends that Council approve the Zoning By -law amendment application to permit a cottage rental dwelling on the subject land; and direct staff to undertake a study on cottage rental dwelling and possible need for locational criteria of licensing matters, if council deems it desirable. The City Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Official Plan and zoning by -law regarding a proposed Cottage Dwelling at 5225 Ontario Avenue. He advised that Notice of the Public meeting was given by First class mail, in accordance with the Planning Act on Friday July 29, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information: Background: Planning Analysis: Official Plan -3- August 29, 2005 There is an increasing interest in a new form of tourist accommodation termed "cottage rental dwelling These are essentially single detached dwellings which are rented on a short term basis to out of town visitors. In 2002 Council passed a zoning amendment allowing two dwellings owned by Mr. Craig on Ferguson St., adjacent to TC lands fronting onto River Rd Designated Residential in the Official Plan. Residential dwellings are the predominant use; B B facilities are permitted in dwellings. The land is within the River Road Satellite District under the Tourist Commercial designation. Bed Breakfast facilities and alternative accommodations of this nature are permitted provided the residential character of the neighbourhood is maintained. The owner intends to maintain the existing dwelling as a residence where occupancy will be of short duration. This use will maintain the residential character of the property and keep it compatible with surrounding residences. Ontario St. is recognized as a collector road in the OP and is intended to carry moderate amounts of traffic through the neighbourhood and can accommodate the traffic a cottage rental dwelling would generate. Zoning Zoned Residential Single Family and Two Family (R2 -2) This zone includes special provisions which would allow a bed breakfast accommodation to be operated out of the detached dwelling. One difference between bed breakfast accommodations and cottage rental dwelling accommodations is that a B B would have one parking space per rented room, whereas the cottage rental dwelling is used like a dwelling where normally one or two parking spaces would be required for the whole building. With lower parking demands, cottage rental dwellings may be more compatible with residential areas than B B's The cottage rental dwelling unit is an appropriate new form of use because it will function as an independent dwelling unit, the physical appearance of the building will be unaltered and could revert to a private dwelling use at any time. Conclusion The requested amendment to permit a cottage dwelling within an existing dwelling can be supported for the following reasons: This use complies with the OP because it is an area where small scale accommodations may be permitted. The use is of a residential nature and is compatible with the surrounding neighbourhood. The use is similar to a bed and breakfast, which is already allowed. The applicant has operated other cottage rental dwellings successfully without generating complaints. Given the growing trend toward this type of use, a study should be undertaken to determine whether or not rental dwellings locating in residential districts should be further regulated and to determine the need for locational criteria, controls on the number of such dwellings and any changes to the licensing by -law that may help address possible impacts of cottage rental dwellings. Recommendation It is recommended that: -4- August 29, 2005 1) Council approve the Zoning By -law amendment application to permit a cottage rental dwelling on the subject land; and 2) Direct staff to undertake a study on cottage rental dwellings and possible need for locational criteria of licensing matters, if Council deems it desirable. Acting Mayor, Alderman Vince Kerrio advised that a failure to make oral or written submissions at this Public Meeting could result in dismissal of th case at a future Ontario Municipal Board hearing. Dave Boothman, 5224 Ontario Avenue, stated that he was supportive of the proposed Cottage Rental Dwelling and advised that Mr. Craig has done a great job fixing up the place. He felt that this type of development would rectify past problems in the neighbourhood. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 21/2005 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the recommendations in the staff report be approved. Motion Carried with Alderman Wing opposed. PD- 2005 -68 Chief Administrative Officer; Re: Zoning By -law Amendment Application. AM- 20/2005, Dorchester Road (East Side) /6846 Frederica Street. Agent: Peter J. Lesdow. Proposed Townhouse Development Existing Church The report recommends that Council approve the Zoning By -law amendment application as detailed in this report to permit a 25- unit townhouse development on the south portion of the property and to recognize the existing church facility on the remaining land; and that the amending by -law contain a "Holding" (H) provision for the townhouse site which is to be removed when approvals are received for stormwater servicing. The City Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Official Plan and zoning by -law for a proposed townhouse at 6846 Frederica Street/Dorchester Road. The Clerk advised that Notice of the Public meeting was given by First class mail, in accordance with the Planning Act on Friday July 29, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information: Background: The north section of the property is currently zones Institutional (I), with special provisions added to the south portion in 2001, to allow an addition to the church. A site plan was approved and the addition was constructed. The south portion of the property is surplus to the church needs. The church has conducted neighbourhood meetings with abutting property owners. An application for severance at the Committee of Adjustment was deferred pending the rezoning application. Planning Analysis Zoning 5 August 29, 2005 Official Plan The property is designated Residential in the Official Plan which permits a variety of housing types and ancillary uses such as the existing church. There are single detached dwellings on large lots that abut the site to the east and south as well as an apartment on the west side of Dorchester Rd. The site is a large underutilised property that has direct access to an arterial roadway. The location meets the general criteria of the OP for multiple residential housing. The OP permits a density of 10 units /ac for singles and semi detached developments. The large properties on Woodland Blvd and the very deep lots to the south are developed at an extremely low density of 2.3 units /ac. The density of the townhouse proposal is approximately 9 units /ac which is low for multiple unit housing and similar to other townhouse developments approved and constructed in the City in recent years. Subject to suitable building setbacks and design details, the townhouse proposal will be compatible with the surrounding area. As efficient use of urban residential land is encouraged by the OP, the rear portions of the Dorchester Rd properties to the south have future development potential. Any development proposal would require the coordination of the property owners or a land assembly. This application does not preclude development options on the land to the south. The internal driveway of the site could continue to the south or an independent development with access to Dorchester Rd (between existing houses) may be feasible. Townhouse Rezoning Given the location of the existing church and the dimensions of the land, the provision of the standard public road right -of -way widths required for single or semi detached lotting is not possible. Existing Institutional zoning would permit such uses as a community building, nursing home, church or senior citizens home, possibly up to 3 storeys in height. The requested R4 zone to provide for the townhouse development would allow a Tess intense form of land use than could occur today Certain site specific provisions are requested to ensure compatibility with existing uses: Easterly rear yard of 27.9' (dependant on tree expert) North and South yards behind townhouses of 24.6' End unit side yards of 9.8' Lot coverage of 39% excluding exterior decks Separation distance between townhouse blocks of 9.8' There are currently no storm sewers available to service the site. The applicant is responsible for examining stormwater servicing options. The inclusion of a "Holding" (H) provision for the R4 townhouse zone is recommended. This "H" designation will be removed when a stormwater system is approved. Church Rezoning Regarding the existing church building and proposed lot configuration, the following site specific Institutional zoning standards are recommended: Recognize the proposed minimum lot frontage (Dorchester Rd) of 80 ft. Recognize the existing legal non conforming exterior side yard width of 21 ft. to Frederica St.; and Extend the requirement for a 19.7 ft. landscaped buffer strip between any parking -6- August 29, 2005 area and the property lines to the east and south abutting residential uses. The overall church development must comply with all other standard Institutional zone requirements and completing the works of the approved site plan. Conclusion The proposed townhouse use can be supported since: The requested site specific amendments comply with the Official Plan and are consistent with the Provincial Policy Statement. The townhouse development will add to the range of housing types available in the area and will be designed for compatibility with surrounding uses. A "Holding" provision is required for the townhouses until stormwater servicing is available. The suitability of the east boundary setback needs to be confirmed by a tree expert. The amendment will recognize the existing church and proposed lot configuration and apply buffer landscaping abutting residential uses. Property owner's to the south on Dorchester Road have requested a deferral to explore possible impacts of this proposal on development opportunities for their land. Staff is satisfied that the application does not preclude future development to the south. Recommendation It is recommended that Council approve the Zoning By -law amendment application as detailed in this report to permit a 25 unit townhouse development on the south portion of the property and to recognize the existing church facility on the remaining land; and The amending by -law contain a "Holding" (H) provision for the townhouse site which is to be removed when approvals are received for stormwater management. Terry Dale, 5610 Dorchester Road, stated her opinion that a secondary plan should be done for the whole area. She also feels there should be a storm water management plan completed to prevent future problems. Ron Giberson, 6803 High Street, stated that the current site plan had not been adhered to and that the development was not in keeping with the residential nature of the neighbourhood. Don Calaguiro, 5581 Woodland Blvd, indicated that his street has had flooding problems in the past, provided history of the development and reported that due to the age of the trees and the deep roots, special equipment would be needed to remove them. Mr. Calaguiro outlined what he would like to see: minimum setbacks increased, plantings within 10 feet of the property line not be disturbed, cedar board fencing of appropriate size and coverings be installed, that flooding issues be dealt with and the original plan for a gym for the students be completed Richard Ciupa expressed his concerns about not having storm sewers in the area and felt that staff should look at the assembly of all lands not this proposal in isolation. Peter J. Lesdow, agent for the applicant, gave an overview of the Proposed Townhouse development; he stated that they are proposing 25 units when the property could allow up to 44 units. Mr. Lesdow indicated that townhouses will fit the character of the neighbourhood, setbacks have been increased, work is being done with engineers to solve any water problems, the developer is well aware of the excavation procedures required for the removal of trees and that the development was in keeping with Smart Growth principles. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 20/2005 closed. Alderman Campbell Alderman loannoni Alderman Pietrangelo Alderman Wing AYE AYE AYE AYE -7- ORDERED on the motion of Alderman loannoni, seconded by Alderman Morroco that the application be denied. Alderman Diodati AYE Alderman Morocco AYE Alderman Volpatti NAYE Acting Mayor Kerrio AYE August 29, 2005 Motion carried ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell that the existing site plan be enforced. Carried Unanimously. MISCELLANEOUS PLANNING MATTERS PD- 2005 -64 Chief Administrative Officer Site Plan Agreement, SPC 11/20041 5534 Stanley Avenue, Glengate Hotel (1331207 Ontario Inc.), Authorization for the City to Proceed with Completion of Site Works Under a Site Plan Agreement The report recommends that Council authorize staff to proceed with hiring the necessary contractors to complete all outstanding work pursuant to clause 14 of a site plan agreement between the City and 1331207 Ontario Inc., dated July 19, 2001, should work on the outstanding site works not be; a) well underway by September 15, 2005; or b) substantially complete by October 15, 2005; and pass the by -law, included on tonight's agenda, authorizing staff to implement the above noted recommendation. Gaetano DeBennedetti, representing his parents who reside at 5523 Buchanan Avenue was pleased to hear that the City is proceeding to have all the outstanding work complete, it has been an ongoing problem since the Spring of 2000. Rocky Vacca, solicitor for the DeBennedetti's, stated his clients would like to see the work completed as soon as possible. Also, he requested that the problem with the buses be looked into by one of the City's bylaw officers. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council authorize staff to proceed with hiring the necessary contractors to complete all outstanding work pursuant to clause 14 of a site plan agreement between the City and 1331207 Ontario Inc., dated July 19, 2001, should work on the outstanding site works not be; a) that all items be well underway by September 15, 2005; or b) substantially complete by October 15, 2005; c) that the restriction against bus parking be enforced and pass the by -law, included on tonight's agenda, authorizing staff to implement the above noted recommendation. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that staff prepare a report on the timely enforcement of site plans and property standards matters. Carried Unanimously. Acting Mayor, Alderman Vince Kerrio, requested that Alderman Pietrangelo take the chair because of a conflict on the next item, which he stated earlier. PD- 2005 -67 Chief Administrative Officer Site Plan Agreement, 5481 Dunn Street Applicant: Hellas Enterprises Limited, Proposed Phasing of Streetscape Improvements by an Agreement Executed under Section 37 of the Planning Act. The report recommends that Council authorize the Mayor and Clerk to execute an agreement under Section 37 of the Planning Act, to secure streetscape improvements on streets abutting the lands as shown on Schedule 1; and direct that the above noted agreement allow for the phasing of collecting cash contributions for streetscapping to coincide with the phasing of the hotel development as outlined in this report, with a cash contribution of $42,000 to be collected for the first phase of development prior to the issuance of a building permit. Alderman loannoni vacated chambers Email from the Director of Parks, Recreation Culture -8- August 29, 2005 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the report be approved as recommended. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENT The Acting Mayor advised of the release of Spirit of the Falls, a new double CD collection featuring tracks from local artists. The project was spearheaded by the Arts and Culture Committee members Mark Matthews and Rick Rose. The proceeds go to the Young Family Endowment. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Second Chance Kids Re: Grandparents Day requesting that September 11,2005 be proclaimed as "Grandparents Day RECOMMENDATION: For the approval of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that September 11, 2005 be proclaimed as "Grandparents Day Carried Unanimously. Alderman loannoni returned. 2. Carol Mitchitsch- Re: Chippawa Kinsman/ Empire Park requesting that the park not be removed AND- RECOMMENDATION: That the matter be referred to the Recreation Committee and the Strategic Plan for consideration. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati that Carol Michitish be allowed to address Council. Carried Unanimously. Carol Michitsch, 4141 Wellington Street, lives adjacent to Empire Park, she expressed her concerns about the condition of the park, the lack of equipment and indicated that there was wide spread neighbourhood support to keep the park open. Nicole Abbott 8785 Rodney Street indicated the history of children playing in the park and gave the opinion that it should stay open. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti to refer the issue of updated playground equipment to the 2006 budget deliberations and the name of the park revert to "Empire Park the original name. Carried Unanimously. -9- August 29, 2005 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the actions taken in Community Services Committee, earlier this evening be approved. 1) The following items are to be ratified from tonight's meeting of the Community Services Committee: 2) That the minutes of the August 8, 2005 meeting be approved as amended. 3) That the City support incentives for renewable energy. 4) That Council approve the sign variance for 5711 Victoria Avenue. 5) That the control of water and sewer remain with the City of Niagara Falls. 6) That Council approves a grant to The Niagara District Art Association. 7) That parking permits be implemented on Sinnicks Avenue and Keith Street. 8) That the letter received from Sentineal Carriages be received for the information of Council. 9) That the Council's priority is the fulfilment of the MOU for the Copperlan Indoor Soccer Project. Carried Unanimously Alderman loanonni and Morocco declared conflicts on item #4. RATIFICATION OF IN CAMERA" ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the "In Camera" action, earlier this evening be approved. That the closing date on the sale of the 30 acres of municipally owned property located west of Montrose Road and north of McLeod Road Part Township Lots 163 and 170) to Villaboit Developments to be extended 30 days. 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 F- 2005 -40, Portuguese Canadian Credit Union, Approval of Letter of Credit, Grand Niagara Golf Corporation. It is recommended that an Irrevocable Letter of Credit from the Portuguese Canadian Credit Union, in the amount of $150,000.00, be accepted as security with respect to the Grand Niagara Golf Corporation fulfilling its obligations under an Application for Site Plan Approval. FS- 2005 -07, 2006 Combat Challenge Nationals Event, Agreement with the Dennis Group. It is recommended that Council approve negotiating and entering into a contract with The Dennis Group to provide fundraising for the 2006 Combat Challenge Nationals event held in Niagara Falls. L- 2005 -28, Release of Agreement, 2907 Stanley Avenue. It is recommended that Council -10- August 29, 2005 authorize execution of an Application (General) and any documents necessary for the purpose of releasing an Agreement dated March 1, 2004 and made between The Corporation of the City of Niagara Falls "City and Nancy McKinnon "McKinnon over Part 3 on Reference Plan 59R -1817 "subject lands L- 2005 -29, Release of Agreement, Lot 48, Registered Plan 59M -274. It is recommended that Council authorize execution of an Application (General) and any documents necessary for the purpose of releasing an Agreement dated September 8, 1978 and made between Leonard Routledge "Routledge and The Corporation of the City of Niagra Falls "City and Herbert E. Davies "Davies Leon Corr "Corr"), Robert Thiessen "Thiessen and W.A. Wurster "Wurster over Lot 48, Registered Plan 59M- 274 "subject lands L- 2005 -26, Declare Surplus and Offer for Sale Part 1 on Reference Plan 59R -9460. It is recommended that Part 1 on reference Plan 59 -R -9460 "subject lands attached as Appendix "1", being City -owned lands, be declared surplus and conveyed to the abutting owner, WS Walters Construction Limited "Walters for nominal consideration, and further that Walters pay for all costs associated with the conveyance and that Walters provide The Corporation of the City of Niagara Falls "City with an easement over the subject lands for the purpose of access to a catch basin lead. MW- 2005 -108, 2005 Asphalt Overlays Phase 2. It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted. PD- 2005 -61, City's Sidewalk Cafe Guidelines High Pedestrian Traffic Areas Within the City. It is recommended that Council received this report for information. PD- 2005 -62, Matters Arising from the Municipal Heritage Committee Meeting of July 27, 2005. It is recommended that Council authorize staff to initiate proceedings to designate 6023 Culp Street as a designated property under Part IV of the Ontario Heritage Act. PD- 2005 -66, Niagara Falls Official Plan Upcoming General Updates and Modifications. It is recommended that Council receive this report for information R- 2005 -31, Lease Agreements with Tenants of the Ma cBain Community Centre. It is recommended that Council authorize the Mayor and City Clerk to act on behalf of the City in executing separate lease agreements between the City of Niagara Falls and the following organizations in the new MacBain Community Centre: Niagara Falls Public Library, YMCA of Niagara, United Way of Niagara Falls, Niagara Falls Big Brothers and Big Sisters, Heart Niagara, Centre Court Cafe Inc. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that the recommendations in the Consent Agenda be approved. Carried Unanimously 2005 -133 BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that leave be granted to introduce the by -laws and the by -laws be given a first reading. Carried Unanimously 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. 2005 -134 A by -law to establish Block 6 on Registered Plan 59M -310 as a public highway, to be known as and to form part of Front Street. 2005 -135 A by -law to establish Part 1 on Reference Plan 59R -12800 as a public highway, to be known as and to form part of Portage Road. 2005 -136 A by -law to amend By -law No. 2004 -191, being a by -law to permit the development of lands on the north side of Thorold Stone Road and west side -11- August 29, 2005 of Stanley Avenue for light industrial use, which amended By -law No. 79- 200. (AM 13 -2004) 2005 -137 A by -law to authorize the entering into a lease with Diebold Election Systems ULC. 2005 -138 A by -law to authorize the execution of a Lease with Niagara Falls Big Brothers Big Sisters Association Inc. respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -139 A by -law to authorize the execution of a Lease with 1624609 Ontario Inc., operating as "Centre Court Cafe" respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -140 A by -law to authorize the execution of a Lease with Heart Niagara Inc. respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -141 2005 -142 2005 -143 2005 -133 A by -law to authorize the execution of a Lease with Niagara Falls Public Library Board respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. A by -law to authorize the execution of a Lease with United Way of Niagara Falls respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. A by -law to authorize the execution of a Lease and Operating Agreement with YMCA of Niagara respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls, and the terms and conditions of the operation of said YMCA of Niagara. 2005 -144 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Re: Sinnicks Avenue and Keith Street Parking Review) 2005 -145 A by -law to authorize the City to direct the owner of lands to complete certain works in accordance with the requirements of an agreement executed under Section 41 of the Planning Act, R.S.O. 1990 and Section 427 of Municipal Act, 2001 and failing such works being done to authorize City staff to enter upon such lands, being private property, to complete such works. (Re: RD- 2005-64, Site Plan Agreement Glengate Hotel) 2005 -146 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of August, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that the by -laws be read a second and third time and passed. Carried Unanimously 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. 2005 -134 A by -law to establish Block 6 on Registered Plan 59M -310 as a public highway, to be known as and to form part of Front Street. -12- August 29, 2005 2005 -135 A by -law to establish Part 1 on Reference Plan 59R -12800 as a public highway, to be known as and to form part of Portage Road. 2005 -136 A by -law to amend By -law No. 2004 -191, being a by -law to permit the development of lands on the north side of Thorold Stone Road and west side of Stanley Avenue for light industrial use, which amended By -law No. 79- 200. (AM 13 -2004) 2005 -137 A by -law to authorize the entering into a lease with Diebold Election Systems ULC. 2005 -138 A by -law to authorize the execution of a Lease with Niagara Falls Big Brothers Big Sisters Association Inc. respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -139 A by -law to authorize the execution of a Lease with 1624609 Ontario Inc., operating as "Centre Court Cafe" respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 140 A by -law to authorize the execution of a Lease with Heart Niagara Inc. respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 141 A by -law to authorize the execution of a Lease with Niagara Falls Public Library Board respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. 2005 -142 2005 -143 A by -law to authorize the execution of a Lease with United Way of Niagara Falls respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls. A by -law to authorize the execution of a Lease and Operating Agreement with YMCA of Niagara respecting the lease of a portion of the lands and premises located at the MacBain Community Centre and municipally known as 7150 Montrose Road, Niagara Falls, and the terms and conditions of the operation of said YMCA of Niagara. 2005 -144 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Re: Sinnicks Avenue and Keith Street Parking Review) 2005 -145 A by -law to authorize the City to direct the owner of lands to complete certain works in accordance with the requirements of an agreement executed under Section 41 of the Planning Act, R.S.O. 1990 and Section 427 of Municipal Act, 2001 and failing such works being done to authorize City staff to enter upon such lands, being private property, to complete such works. (Re: RD- 2005-64, Site Plan Agreement Glengate Hotel) 2005 -146 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29' day of August, 2005. Community Centre Millennium Trail Strategic Planning Meeting Kalar Road New Year's Eve Charles Cheeseman -13- August 29, 2005 NEW BUSINESS Alderman loannoni inquired about the new YMCA in the Community Centre and the prices of memberships. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing requesting a report on the pricing of memberships and the services available to the residents at the Community Centre. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing in requesting a copy of the long term Operating Budget for the New Community Centre. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that Council do not entertain deputations at the meeting on the Millennium Trail. Aldermen Campbell, Diodati and Volpatti in favour. Motion Defeated. ORDERED on the notion of Alderman Campbell, seconded by Alderman loannoni that the Millennium Trail issue come back to the Council meeting of September 19 and that deputations be entertained. Carried Unanimously There was some discussion about the timing and overseeing of the proposed Strategic Planning session. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the strategic planning meeting be done with internal staff and Council. Carried Unanimously Alderman Pietrangelo received a letter from a resident with a concern with the traffic flow on Kalar Rd, he is suggesting a possible advanced green traffic light at the corner of Kalar Road and Lundy's Lane. ORDERED on the motion of Alderman Victor Pietrangelo, seconded by Alderman Wing that the Region investigate an advanced green at Kalar Road and Lundy's Lane. Carried Unanimously Alderman Campbell expressed concerns about the possible cancellation of the annual New Year's Eve concert. It was explained that Winter Festival of Lights General Manager Dino Fazio would be at the next meeting. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati that the name of former Alderman Charles Cheesman be added to the list for consideration of naming a street or park. Carried Unanimously Grey Avenue -14- August 29, 2005 ORDERED on the motion Alderman Wing, seconded by Alderman loannoni requesting a report from staff in regards to buses and heavy vehicles travelling on Grey Avenue between Peer Street and Ferry Street. Carried Unanimously ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo to refer the parking of buses in front of the Pancake House at Ferry Street and Grey Avenue to staff. Carried Unanimously Power Within Seminar ORDERED on the motion of Alderman Diodati and seconded by Alderman loannoni that Council and appropriate staff be authorized to attend the Power Within Seminar in Toronto in October. Carried Unanimously Acting Mayor Acting Mayor Vince Kerrio was thanked for the job he did filling in for Mayor Ted Salci who will be back at the next Council meeting. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the meeting be adjourned at 10:45 p.m. DEAN IORF A, CID CLERK ALD. VINCE RRIO, ACTING MAYOR