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2001/04/09Council met on Monday, April 9, 2001 at 5:15 p.m. in Committee -of- the Whole. All members of Council were present. Alderman Ken Feren presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole did not rise to report in open session. READ AND ADOPTED, E.C. WAGG, CITY CLERK ELEVENTH MEETING COMMITTEE -OF -THE -WHOLE PLANNING MEETING Committee Room #2 April 9 2001 AYNE THOMS• AYOR Council Chambers April 9, 2001 Council met on Monday, April 9, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Selina Volpatt offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2001 -26, Cheque No. 258877 because the recipient is his employer. Alderman Craitor indicated a pecuniary interest on Report F- 2001 -26, Cheque Nos. 258783 and 258892 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report F- 2001 -26, Cheque No. 258903 because he is a member of the organization and on Cheque No. 258898 because a member of his family is employed by the recipient. Alderman Hendershot indicated a conflict of interest dealing with the Minutes of the Parking Traffic Committee, because a member of his family had signed a petition dealing with a parking review matter. Alderman Pietrangelo indicated a pecuniary interest on Report F- 2001 -26, Cheque No. 258898 because the recipient is his employer. Alderman Wing indicated a pecuniary interest on Report F- 2001 -26, Cheque Nos. M93231, 258916, 259049, 258765, 258770 and 258813 because all are associated with an organization of which she is an officer. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the Minutes of the Regular Meeting of March 26, 2001 be approved as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Easter Egg Hunt His Worship Mayor Thomson provided information on an Easter Egg hunt being held on April 14, 2001 at the Niagara Parks and invited everyone to attend. Raceway Plans Stalled Doctor Shortage in the Community Property Guide Magazine 2 ADOPTION OF MINUTES Refurbishment of Downtown Historical Buildings His Worship Mayor Thomson spoke to the issue of refurbishing historical downtown buildings with grants that are available and suggested that the Federal govemment be contacted to advise them of Council's interest in working together in this initiative. ORDERED on the motion of Alderman Wing, seconded by Alderman Fisher, that a letter be forwarded to the Federal government advising them of Council's support and interest in working together on the initiative of refurbishing historical downtown buildings through available grants. Carried Unanimously. His Worship Mayor Thomson referred to the ongoing dispute regarding the raceway plans and to the comments in the St. Catharines Standard that the raceway plans have been stalled. His Worship Mayor Thomson provided an update on the doctor shortage in the community and suggested that as there is no Board, that a committee be set up to meet periodically and address the concerns and issues. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that Mayor Thomson and Aldermen Volpatti, Hendershot, loannoni and Fisher sit on the Committee. Carried Unanimously. His Worship Mayor Thomson referred to a recent article on Metrus and Niagara Falls in the Property Guide Magazine and encouraged everyone to read the article. Ontario Minor Hockey Association His Worship Mayor Thomson advised that Alderman Wing has been appointed as the Council's official representative to the Ontario Minor Hockey Association Committee to deal with the issues involved. Elimination of Gospel Reading on the Airways Alderman Fisher referred to an organization that is attempting to stop the reading of the Gospel of our Lord on the airways and to remove all Christmas programs, Christmas songs and Christmas carols from public schools and she requested that everyone participate in expressing their opposition to this proposal. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the matter be referred to staff and that a copy of the petition be forwarded to all the churches in the area. Carried Unanimously. Governance Issue Following some discussion on the governance issue, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, to defertaking any action including the holding of a public meeting to discuss the issue of governance. The motion Carried with Aldermen Fisher, Hendershot, Pietrangelo, Federow, Campbell, Craitor and Mayor Thomson voting in favour and with all others voting contrary to the motion. Peninsula Cup Annual Dart Tournament Education Month 3 PRESENTATIONS Mr. Wayne Quirk of Remax Garden City Realty made a presentation to His Worship Mayor Wayne Thomson and Alderman Gary Hendershot, who participated in the Peninsula Cup Annual Dart Tournament Mayor's Challenge on March 3rd, 2001. Mr. Brian Wipper, Event Chairman presented a cheque in the form of a donation to Tender Wishes on behalf of His Worship Mayor Thomson and Alderman Gary Hendershot who were the victors in the tournament. DEPUTATIONS Sue Szaszi, Principal of Orchard Park School, extended an invitation to members of Council and staff to visit the schools during Education month, and students, Lyndsay Hunter and Rachel Atkinson, provided information on the various school activities that were being held during the month of April, being Education Month. Lynda Baiano, Vice Principal of Stamford Collegiate Secondary School along with student, Rod McCrae encouraged Council and the community to participate during Education Month in the District School Board of Niagara; buttons were distributed to His Worship Mayor Thomson, members of Council, and staff to show awareness of activities at the schools during this month. 4 Removal of Certain Conditions on Property Mr. Sabastian Dovi addressed Council on behalf of his sister, Nancy McKinnon with respect to her Zoning By -law Amendment Application, AM- 39/2000, at 2907 Stanley Avenue to legalize a four -unit dwelling. Mr. Dovi advised that the conditions to provide sidewalks would cause a financial hardship and requested that Council reconsider the removal of conditions associated with the rezoning request on the property. In response to questions raised, the Director of Planning and Development advised that according to policy, sidewalk matters are dealt with through the development approval process. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Mr. Dovi's request be received and filed and further that a payment schedule be looked at. Carried Unanimously. COMMUNICATIONS Communication No. 69 The Niagara Parks Commission Re: Falls Friday Night Fireworks. The communication requests permission to carry out firework displays over the Falls on Friday evenings at 10:00 p.m. beginning May 18 through August 31 2001; and in addition, to carry out firework displays on the major Canadian and American holidays, plus 2 extra programs on the weekend nights of Blossom Festival. May 19th, 20th, 26 and 27 2001. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the requests be approved. Carried Unanimously. Communication No. 70 Pasquale Ramunno, 576192 Ontario Limited /Rockworld Re: New sign at 5020 Centre Street. The communication requests a minor variance for a new sign at 5020 Centre Street. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the matter be referred to staff. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest. Communication No. 71 Lighthouse Niagara Re: Material and financial requirements of Lighthouse Niagara Resource Centre. The communication requests assistance in providing for some of the material and financial requirements of Lighthouse Niagara Resource Centre. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the matter be referred to staff and that staff move quickly on the requests dealing with phones and recycling bins. Carried Unanimously. Communication No. 72 Multi Lingual Braille Large Print Association Re: Braille Business Cards. The communication requests that braille be incorporated onto City business cards. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the matter be referred to staff. Carried Unanimously. Communication No. 73 Medical Students of Ontario Re: Tuition fees. The communication requests that medical school tuition be capped and reregulated at an accessible level (e.g. prederegulation levels plus inflationary increases) and that financial aid be increased to reflect the actual costs of a medical education. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the request be endorsed. Carried Unanimously. 5 Communication No. 74 -Joyce Crysler Re: Alderman loannoni's planned trip to Las Vegas. The communication protests Alderman loannoni's planned trip to Las Vegas to attend a Conference. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the correspondence be received and filed for the information of Council. The motion Carried. Alderman Puttick requested that it be noted that he was opposed to the planned conference trip. Communication No. 75 4 Annual Rotary Italian Night Re: Acquisition of a table for Council. The communication requests that Council purchase a table for the 4 Annual Rotary Italian Night to be held at Club Italia on April 28 2001. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that Council purchase a table for the event. The motion Carried with Aldermen Craitor, Pietrangelo, Orr, Puttick, and Wing voting contrary to the motion and Alderman Volpatti abstaining from the vote on a conflict of interest. PLANNING MATTERS PD- 2001 -30 Chief Administrative Officer Re: Zoning by -law Amendment Application and Application for Site Plan Approval; AM -03/2001 SPC -01/2001; 6546 Fallsview Boulevard; Proposed Expansion to the Days Inn Hotel. The report recommends the following: 1. That Council approve the above applications for a proposed expansion to the Days Inn Hotel at 6546 Fallsview Boulevard to permit a 2- storey addition to the existing 12- storey building and a 16 -store addition to an existing 2- storey portion of the development located on the south side of the 12- storey building; 2. That the amending by -law be prepared in accordance with section 37 of the Planning Act to ensure that all street frontages are improved in accordance with the forthcoming Streetscape Master Plan; 3. That Council approve a 1.5 metre encroachment into the Portage Road right -of -way for a wind deflector at the 5 storey; 4. That the site plan agreement/section 37 agreement include conditions that address the recommendations of the Architectural Peer Review Committee. -AND Communication No. 76 The Regional Municipality of Niagara. The communication advises as having no objections to the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class Mail on March 9, 2001. His Worship Mayor Thomson received indication that Italia Gilberti, Solicitor, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. 6 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 lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Planning Review; and the Public Notification Process and advised that planning 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. William Dermody, Solicitor on behalf of Hellas Enterprises Limited, owners of the property to the west of the subject site, referred to the Portage Road frontage and expressed concerns regarding the streetscaping and setbacks on Portage Road; he suggested that a streetscaping strategy be put into place and that the application only be considered once the strategy was in place; he advised that the applicant did not meet the minimum setback requirements set out in TADS, with a 3 metre front setback at a 5- storey level and a 6 metre front setback at a 16- storey level. Ms. Italia Gilberti, Solicitor, reviewed the application and advised that the 12 storey would be removed and reconstructed along with a 16 storey addition to be built on top of the 2- storey building; she advised that the application is the culmination of achieving the applicant's goals, complying with the guidelines of the Official Plan Amendment and the maintenance of an emerging and appealing skyline to Niagara Falls; indicated that they are in agreement with staffs recommendation report except for Recommendations 2 and 4 given that Fallsview Boulevard was to be widened and requested that the By -law should not be prepared in accordance with Section 34 Agreement as it will be the area of a future Phase II re- development; and further requested that only the architect treatment of the existing application form part of the Section 37 agreement at this time and that Recommendation #4 be clarified. Ms. Gilberti referred to the concerns expressed and advised that the applicant has substantially renovated the lands through landscaping, redesigning the parking lot and upgrading the requirements of the Building Code and stated that if the application would be deferred until the streetscaping master plan was completed, this would greatly hinder and delay the applicant's plans. The Director of Planning and Development advised that he was in agreement with the requests regarding Recommendations #2 and #4. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 03/2001, closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be approved as amended. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -31 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 07/2001, Joe Butera; Agent: Italia Gilberti; 7868 Oakwood Drive, Industrial Mall, Hotel. The report recommends the following: 7 1. That Council approve the zoning by -law amendment application to facilitate the development of an industrial mall comprised of several buildings including office, retail, restaurant and industrial space and a 3-4 storey, 109 unit hotel with a 700 seat conference centre; 2. That Council pass the amending by -law, included in tonight's agenda, to implement the application. -AND Communication No. 77a)- Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of this application. AND Communication No. 77b) Regional Niagara, Public Works Dept. The communication advises as having no objection to the rezoning by -law amendment. -AND Communication No. 78 Ministry of Transportation. The communication advises as having no objections to the rezoning of the subject land. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations through prepaid first class mail, on March 9, 2001. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report and advised that staff were recommending approval of the application. 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. Mark Acker, was in attendance on behalf of his parents, Bruno and Josephine Volpano, residing adjacent to the subject property, expressed concerns regarding drainage problems; increased traffic in the area; zoning of land being Prestige Industrial; that patrons from the proposed bar would encroach on neighbouring property along with the associated noise and garbage and requested that proper fencing be provided; he stated that the application did not fit into the area and would devaluate the properties in the area. The Director of Muncipal Works commented that the rezoning was subject to a traffic impact study to deal with the increased traffic and that staff would be looking at the drainage issue in the area and that these matters along with fencing matters would be discussed with the neighbours during the site plan process. 8 In response to concerns raised, the Director of Plannning and Development referred to the permitted zoning uses; advised that the front yard setbacks were being enlarged from 32 feet to 39 feet, that the lot coverage was being reduced from 60% to 40% and that minimum landscaping would be increased from 5% to 15% to reflect the quality of the proposed development; he referred to land use compatability and that the provision of buffers and proper fencing were the control capabilities to adjacent properties to ensure proper land use compatabilities through the site plan process. Ms. Italia Gilberti reviewed the application and advised that they were in agreement with staffs recommendations and content; discussed the proposed uses for Prestige Industrial lands; advised that the applicant proposed a high quality development, with excellent exposure to the Q.E.W., that landscaped open space would occupy 15% of the site; having generous building setbacks from abutting properties; referred to the increased front setbacks; that customer parking was well distributed throughout the site with landscaped boulevards. She indicated that a traffic study, turning lanes; the exact number of entrances and drainage issues would be dealt with at the site plan process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 07/2001, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted and that the neighbours be included in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. See By -law No. 2001 -75 PD- 2001 -32 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 06/2001, Eagle Valley Golf Course; Agent: Delia lafrate: 2334 St. Paul Avenue. The report recommends the following: 1. That Council approve the zoning by -law amendment application to facilitate a number of service additions to the existing golf course and restaurant with the exception of the 5- storey, 46 unit inn /motel; 2. That the applicant be required to prepare a sewage generation report that identifies the expected sewage generation for each component of the development; That the amending by -law be presented to Council after the applicant has entered into an agreement with the City and all benefitting landowners to pay their proportionate share of commom services and pay 50% of the cost of the street lights that were installed on St. Paul Avenue. AND Communication No. 79 Regional Niagara. The communication provides comments with respect to the proposed application. Communication No. 80 CN. The communication provides comments with respect to the application. Communication No. 81 M. David Cottle, 6348 Forest Ridge Drive. The communication advises as strongly objecting to the zoning amendment. 9 Communication No. 82 Fred Catherine Clark, 6285 Stonefield Park. The communication advises as being opposed to the proposal. Communication No. 83 Mr. Mrs. Peter Burciul, 2308 Stonehaven Avenue. The communication expresses strong opposition to the zoning amendment. Communication No. 84 Edmund R. Gosse, 6280 Stonefield Park. The communication advises that introducing a future road directly in line with the Stonefield Park entrance will make it more difficult to make a left-hand turn into the residential neighbourhood. Communication No. 85 -John W. Kathryn L. Courtney, 6281 Stonefield Park. The communication advises as being strongly opposed to the zoning amendment. Communication No. 86 Ron Planche, 6344 Forest Ridge Road. The communication provides comments on the proposed application. Communication No. 87 Irena John Hubbert, 858 Flagship Drive, Mississauga. The communication advises as objecting to the zoning by -law amendment application. Communication No. 88 Lyle Patricia McDonald, 2189 Niagara Parkway, R.R. #1, Fort Erie. The communication advises as being strongly opposed to the Motel Zoning Application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class Mail on March 9, 2001. His Worship Mayor Thomson received indication that Ms. Delia lafrate was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; the Proposal, the Planning Review and the Public Notification Process; provided a brief history of the property and advised that the 1999 Planning Application By -law to implement certain features conditional upon the developer entering into a servicing agreement and that the servicing agreement had not been entered into and therefore, the By -law to implement the 1999 approval had not been passed; he further advised that the pumping station had been established for the property and the Neighbourhood of St. David's and that a proper finalization and cost- sharing agreement had to be entered into. He advised that staff were recommending a modified zoning amendment dealing with the ancillary uses only and not the hotel aspect; that matters of servicing had to be dealt with and the requirement of a proper servicing report be prepared to identify the use of the pumping station and that the amending by -law be entered into on the basis of having a proper cost sharing agreement with respect to sewers and lighting facilities. 10 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. Ms. Judy Dawson, Stonefield Park, expressed concerns regarding the increased traffic and accidents that would occur due to the development in the area. Mr. Ron Planche, 6344 Forest Ridge Drive, who was in attendance on behalf of several residents in the area advised that they were in support of Planning staff's recommendation report regarding the motel /inn application be rejected and not to permit a zero setback on the property; he requested clarification on the increase of a 12,000 foot expansion and stated that adequate parking be provided for the restaurant expansion. He requested that Council reject the application for a spa as a plan was not yet in place; he expressed concerns with respect to traffic, parking and potenial signage and that a site plan process would address these issues; he further requested that Council reject the application as presented, except for the sports bar and that staff, land owners and the developer meet to discuss a comprehensive secondary plan for the entire 52 acres. Mr. Glen Barker, BLS Planning Associates, advised that upon closer review of the subject proposal, it indicated that the area was to be developed as a commercial area and could become another "satellite tourist commercial district" and that establishing such a use would not be good planning. He indicated as being in support of staffs recommendations with the addition that the restaurant be limited to the existing club house building. Mr. Mike Watt, V.P. Walker Industries, advised that the applicant has not fulfilled the site servicing obligations; that the restaurant had been connected to the sewer system that Walker Industries constructed and paid for as part of the Neighbourhoods of St. Davids and that many attempts had been made to have the applicant sign the servicing agreements He stated that it would be a show of good faith for the applicant to sign the necessary servicing agreement and move the condo application forward to the Ontario Municipal Board. He stated that there was a need to have a comprehensive planning review of the property and that land use issues be resolved and requested that Council not approve any by- laws "s under this application until such time as the servicing issues are resolved. Mr. Ceri Hugill, 6304 Stonefield Park, advised that he was opposed to any adjustment of setbacks to zero from its present criteria. Ms. Delia lafrate, provided information on the proposed application; distributed material to members of Council; provided information on the proposed spa facilities; discussed the style, type and design of the proposed Inn and provided clarification on the sewer agreement with Walker Industries; and indicated that she would withdraw the application if Council could approve the spa services and the seating in the restaurant. Mr. Ron Planche expressed strong opposition to the approval of the spa facility as it confirms another commercial building on the site and that it is not done in the context of an overall plan, it may mitigate against a successful implementation of a plan. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 06/2001, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the application be denied and further, that staff look into the issue of expansion of the roadway. The motion Carried with Alderman Pietrangelo voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. PD- 2001 -29 Chief Administrative Officer Re: Public Meeting, Meadow Creek 3 Draft Plan of Subdivision; File: 26T -11- 2001 -02; Owner: 527786 Ontario Limited (Agreement of Purchase and Sale). The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Meadow Creek 3 Draft Plan of Subdivision. His Worship Mayor Thomson received indication that Mr. Eric Henry, was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. His Worship Mayor Thomson advised that the purpose of the meeting was to receive information and to provide an opportunity for the public to comment on the proposed subdivision, following which the Planning and Development Department would consider all comments received and prepare a recommendation report to Council at a future meeting, and that no decision would be made at tonight's Council meeting. 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. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Meadow Creek 3 Draft Plan of Subdivision, closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the comments received be referred to staff. Carried Unanimously. PD- 2001 -33 Chief Administrative Officer Re: Reconsideration of Decision; Colangelo Estates Draft Plan of Subdivision 26T -11- 2000 -07; 586112 Ontario Limited (In Trust). The report recommends that Council reaffirm its decision to grant draft plan approval with the specified conditions for the Colangelo Estates subdivision and allow the Ontario Municipal Board to consider the appeals to the plan dealing with various aspects of the approval. -AND Communication No. 89 Sullivan- Mahoney, Solicitors, on behalf of the Colangelo Estates plan of subdivision. The communication requests to address Council on the matter. Communication No. 90 Regional Niagara, Public Works Department, Operational Support Services. The communication comments on the issue of temporary road access; the location of the proposed temporary access 12 Communication No. 91 John C. Willey, Chown, Cairns, Solicitor for Joseph Assunta Marinelli and Ferdinando Lucia Fuoco. The communication advises as objecting to the approval of a plan of subdivision which provides for no permanent road access. The communication suggests that the developer is able to provide proper permanent road access with standard width and daylighting triangles and should be a condition of approval of a permanent subdivision. The communication further states that provided the "temporary" road access is amended to a requirement for a permanent road in that location, their clients would withdraw their objections and their appeals to the Ontario Municipal Board. Mr. Gary Enskat, Solicitor, Martin, Sheppard, Fraser on behalf of Maria Saczkowski, property owner adjacent to the proposed subdivision, expressed concerns regarding the block of land in the plan set apart for future development; the temporary road access to Mountain Road; and the impact of the development on his client's farm operations; reviewed the Gauld Neighborhood Plan; discussed changing the underlying zoning and changing road locations. And amendments from RID to modified R1 C; reviewed the notes of Mr. Robert J. Miller, Professional Planner, which discussed the "Holding Zone" designation; referred to the conditions before a holding zone can be removed; stated that the application has not met the conditions of the City's Official Plan; and suggested that a proper study be prepared in order to see what this neighborhood will look like. The Director of Planning and Development provided clarification with respect to the development holding zone and advised that this designation did not apply to this application, as it was a straight forward rezoning under Section 343 of the Planning Act and not Section 36 and that Mr. Enskat's comments did not apply to this application. Mrs. Saczkowski expressed concerns regarding the block of land that was set apart for future development. Mrs. Tina Lisi, 6646 Mountain Road, advised that the primary concern was the temporary road access; she stated that the applicant met the appropriate site lines for a temporary road and has sufficient lands to be granted permanent road access. She indicated that she was not opposed to the development if it is designed accordingly and to be done properly with respect to the area and that the road access should be to the east and not to the west. Mr. Tom Richardson, Solicitor, in attendance on behalf of Mr. Colangelo, advised that he was in agreement with staffs comments that this was not a holding zone under the Planning Act; that the zoning permits single family lots and applies the R1 E zone; advised that Mr. Enskat's comments did not apply to this application; he commented that the block of land that had been left was to accommodate future development on the Saczkowski lands. He requested that Council leave their decision of February 12, 2001 and let the matter proceed to the Ontario Municipal Board. The Director of Municipal Works commented that if the road would become a permanent road that it would become a collector road for the area and would require the full 66 feet and have the proper turning radius and daylighting triangles at the intersection of Mountain Road. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that'/ of Block 19 be added to each end of Block 17 and 18 in order to eliminate Block 19. The motion Carried ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that Council reaffirm its decision to grant draft plan approval. The motion was Lost.. 13 Following further discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the temporary road be made a permanent road. The motion Carried with Aldermen Wing, loannoni, Fisher, Pietrangelo, Craitor, Campbell and Volpatti voting in favour of the motion and with all others voting contrary to the motion. PD- 2001 -34 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2001 -50; AM- 42/2000; 5359 River Road; Eastwood Tourist Lodge. The report recommends that Council reaffirms, by resolution, the passing of By -law No. 2001 -50, and direct staff to proceed to submit the appeals to the Ontario Municipal Board. ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Wing voting contrary and with all others voting in favour. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the actions taken in Corporate Services Committee, earlier this evening, be approved. 1. Adoption of the Minutes of March 19, 2001 Corporate Services Committee; 2. Report F- 2001 -25, Conference Policy for Alderman that Conference Policy No. 700.23 be received for information; that all out -of- province conferences noted on the 2001 Conference and Convention Schedule be approved, and that the revision as noted, be included in the City's policy. 3. Report F- 2001 -26 Municipal Accounts that the Municipal Accounts totalling $13,207.71 for the period ending April 9, 2001 be approved Aldermen Wing, Pietrangelo, Campbell and Craitor conflicts; 4. Request for donation to Boys Soccer Team that the request for donation of $1,000 to the Boys Soccer Team sponsored by the Riverside Park Campground be approved; The motion Carried with Aldermen Wing, Pietrangelo, Campbell and Craitor abstaining from the vote on conflicts of interest on Report F- 2001 -26 and with all others voting in favour. See By -law No. 2001 -76 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the February 5, 2001 Community Services Committee Minutes; 2. Report MW -2001 -42 O'Neil Street, Traffic Review Update Report that this report be received for the information of Council; 3. Report MW -2001- 45 Hiring of a Transportation Planning Technologist Development Section that the City consider hiring a full -time transportation Planning Technologist for the reasons outlined in this report; 4. Report MW -2001 -46 AM- 39/2000 Zoning By -law amendment, Legalization of a four -Unit Dwelling (N. McKinnon) that this report be received for information; 7. New Business: 8. In Camera: 14 5. Report MW -2001 -48 Niagara Peninsula Transportation Needs Assessment study Update that the Committee Receive and File this report; 6. Report MW- 2001 -49 Consultant Selection Policy that the limit for direct appointment under the Consultant Selection Policy be increased to $60,000; That a letter be sent to Transport Minister Brad Clark in support of his research and solutions to road rage. Report CS- 2001 -03 Niagara Falls Minor Hockey Association That Alderman Wing be appointed as the Council's official representative to the Ontario Minor Hockey Association Committee looking into the situation. Carried RATIFICATION OF THE MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS (Alderman Kim Craitor, Chair) MW- 2001 -43 Chairperson, Municipal Parking Traffic Committee. The report recommends the following: 1) Request for Removal of Two parking Meters in front of Arby's on Clifton Hill the report recommends the following: a) that one parking meter (most easterly) located on Clifton Hill in front of Arby's be removed; b) that one parking meter (most easterly) located on Clifton Hill in front of Arby's be removed; c) that Canadian Niagara Hotels be responsible for all costs associated with the expansion of the sidewalk in this area; MW- 2001 -21 Beaverdams Road between Kalar Road and Thorold Townline Road Traffic Operations Review. The report recommends the following: a) that an all -way stop control be installed at the intersection of Beaverdams Road and Garner Road with two stop signs to be erected on both approaches of Beaverdams Road; b) that "stop ahead" signs be permanently installed on Beaverdams Road in advance of Garner Road in both directions to forewarn motorists of the upcoming stop signs, due to the curvature of Beaverdams Road replacing: c) the existing curve /intersection ahead sign on beaverdams Road 100 metres east of Garner Road facing westbound motorists; d) the existing curve /intersection ahead sign on Beaverdams Road 140 metres west of Garner Road facing eastbound motorists; e) the permissible passing zone on Beaverdams Road between Garner Road and Beechwood Road be replaced with a double solid yellow centre line; 15 f) a "curve ahead" warning sign be installed facing eastbound motorists on Beaverdams Road 80 metres east of Garner Road; g) j) the existing 'curve ahead" warning sign on Beaverdams Road 660 metres east of Garner Road facing westbound motorists be replaced with a "reverse curve ahead" warning sign and supplemented with a 60 km /h advisory speed tab and relocated 65 metres easterly; h) the existing "curve ahead" warning sign supplemented with an advisory 60 km /h speed tab on Beaverdams Road 460 metres east of Beechwood Road facing westbound motorists be relocated 105 metres westerly; i) a "curve ahead" warning sign be installed on beaverdams Road 530 metres east of Beechwood Road facing westbound motorists; a "Maximum 80 km /h" speed limit be installed on Beaverdams Road east of Thorold Townline Road facing eastbound motorists; k) a "60 km /h Ahead" sign be installed on Beaverdams Road 450 metres west of Kalar Road facing eastbound motorists; I) "slippery when wet" signs be installed on Beaverdams Road west of Kalar Road and west of Garner Road facing westbound motorists and on Beaverdams Road east of Beechwood Road and east of Garner Road facing eastbound motorists; m) one year after implementation, staff carry out a review to determine if the collision frequency has been reduced through the revised traffic control at Beaverdams Road and Garner Road and adjacent mid block segments; n) that staff monitor the speed limit and report back to the Committee in 6 months; MW- 2001 -25 St. Paul Avenue Traffic Operations Review the report recommends that: a) parking be restricted at all times on the west side of St. Paul Avenue from a point 30 metres south of Brock Street to Stamford Green Drive; b) a "Do Not Pass" sign be installed facing southbound motorists on St. Paul avenue south of Brock Street; c) a centre island consisting of hatched pavement markings be applied on the northern approach of St. Paul Avenue and Stamford Green Drive; d) a crosswalk and stop bar be applied on the western intersection approach of St. Paul Avenue and Stamford Green Drive; e) the preceding road markings be applied in the spring, in conjunction with the 2001 pavement marking program; MW- 2001 -26 Dianne Street at Queensway Gardens Intersection Control Review the report recommends that an all -way stop control be installed at the intersection of Dianne Street and Queensway Gardens; MW-2001-06 Longhurst Avenue Parking Review. The report recommends the following: a) that the owners of Town Country Florists meet with the Stamford Volunteer Firefighters Association to negotiate th use of the firefighters parking lot by Town Country staff; 16 b) that this matter be reviewed by staff in 6 months' time to ensure that the parking issues have been resolved. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that Recommendation No. 1 be removed. The motion Carried ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that Recommendation No. 2 be received and adopted. The motion Carried ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that Recommendation No. 3 be received and adopted. The motion Carried ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that Recommendation No. 4 be received and adopted. The motion Carried. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that Recommendation No. 5 be received and adopted. The motion Carried with Aldermen Volpatti, loannoni and Wing voting contrary to the motion; Alderman Hendershot abstaining from the vote on a conflict of interest and with all others voting in favour. See By -law No. 2001 -70 See By -law No. 2001 -72 See By -law No. 2001 -73 R- 2001 -12 Chair, Environmental Planning and Greening Committee. The report recommends that Council endorse the actions from the March 28, 2001 meeting of the Environmental Planning Greening Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. CD- 2001 -04 Chief Administrative Officer Re: Special Occasion Permit. The report recommends that Council indicate it has no objectives to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2001 -21 Chief Administrative Officer Re: Licence Agreement with Bell Canada; Part of L.B. Pearson Park; Dorchester Road. The report recommends that a Licence agreement with Bell Canada to permit construction and operation of a Bell Station on a portion of L. B. Pearson Park, located on the west side of Dorchester Road, be authorized. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -68 RESOLUTIONS NO. 09 ORR FEREN RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law No. 2001 -50, a by -law to permit the establishment of 8 rooms for tourists within an existing dwelling located at 5359 River Road. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 10 VOLPATTI CRAITOR BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls proclaim April 20, 2001, as ARBOUR DAY and urge everyone able to do so to observe this day by attending a special tree planting ceremony at Dufferin Islands Nature Area in honour of Mrs. Dorothy VanSlyke. AND the Seal of the Corporation be hereto affixed. Carried Unanimously 17 BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -law, and the by -law be read a first time: 2001 -67 A by -law to amend By -law No. 2001 -31, respecting the issuance of licences in the City of Niagara Falls. 2001- 68 A by -law to authorize a Licence Agreement in favour of Bell Canada over part of L. B. Pearson Park, located on the west side of Dorchester Road. 2001- 69 A by -law to amend By -law 75 -173, as amended, being a by -law to provide for remuneration of the members of the Committee of Adjustment and the Board of Plumbing Examiners for the City of Niagara Falls. 2001 70 A by -law to authorize the execution of an agreement with 649799 Ontario Limited operating as Provincial Maintenance Inc. respecting supply of material and services for pavement markings. 2001 71 A by -law to authorize the execution of an agreement with Canadian Corps of Commissionaires (Hamilton Division) respecting the supply of Municipal Parking Control Services in respect of parking infractions. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) 2001 72 2001- 73 2001- 74 2001- 75 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs) A by -law to authorize the execution of an agreement with The Regional Municipality of Niagara with respect to a licence agreement for certain data. A by -law to amend By -law No. 79 -200, as amended. (AM- 7/2000) 2001 76 A by -law to authorize monies for General Purposes (April 9, 2001). The motion Carried with Alderman Volpatti voting contrary to By -law No. 2001 -69; Aldermen Wing, Pietrangelo, Campbell and Craitor abstaining from the vote on conflicts of interest on By -law No. 2001 -76 and with all others voting in favour. ORDERED on the motion of Alderman Pietrnagelo, seconded by Alderman Feren, that the by -law be now read a second and third time. 2001 -67 A by -law to amend By -law No. 2001 -31, respecting the issuance of licences in the City of Niagara Falls. 2001- 68 A by -law to authorize a Licence Agreement in favour of Bell Canada over part of L. B. Pearson Park, located on the west side of Dorchester Road. 2001- 69 A by -law to amend By -law 75 -173, as amended, being a by -law to provide for remuneration of the members of the Committee of Adjustment and the Board of Plumbing Examiners for the City of Niagara Falls. 2001 70 A by -law to authorize the execution of an agreement with 649799 Ontario Limited operating as Provincial Maintenance Inc. respecting supply of material and services for pavement markings. 18 2001 71 A by -law to authorize the execution of an agreement with Canadian Corps of Commissionaires (Hamilton Division) respecting the supply of Municipal Parking Control Services in respect of parking infractions. 2001- 72 2001- 73 2001- 74 2001- 75 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) Congratulations A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs) A by -law to authorize the execution of an agreement with The Regional Municipality of Niagara with respect to a licence agreement for certain data. A by -law to amend By -law No. 79 -200, as amended. (AM- 7/2000) 2001 76 A by -law to authorize monies for General Purposes (April 9, 2001). The motion Carried with Alderman Volpatti voting contrary to By -law No. 2001 -69; Aldermen Wing, Pietrangelo, Campbell and Craitor abstaining from the vote on conflicts of interest on By -law No. 2001 -76 and with all others voting in favour. NEW BUSINESS His Worship Mayor Thomson congratulated Alderman Gary Hendershot in his efforts towards the "Climb for Cancer" event and advised that $96,000 was raised. Humane Society Alderman Wing provided the Humane Society's new website. Youth Forum Alderman loannoni expressed her appreciation to the various individuals for all their efforts in the recent Youth Forum. Crime Prevention Tourism Safety Conference Alderman loannoni provided information on the Crime Prevention Tourism Safety Conference being held from May 1 to May 3", 2001 and thanked everyone involved. Governance Issue Alderman Hendershot referred to his attendance at the Joint Committee on Governance on March 29 2001 and of the Committee being disbanded. He further advised that the Committee was then amalgamated with the Joint Committee on Municipal Shared Services. READ AND ADOPTED, L� E.C. WAGG, CITY CL 19 Parking Traffic Conference Alderman Puttick advised that he would like to attend the Parking Traffic Conference if Alderman Craitor would be unable to attend. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that Alderman Puttick be appointed as an alternate to attend the upcoming Parking Traffic Conference. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. AYNE THOMSON, MAYOR