2001/08/07READ AND ADOPTED,
NINETEENTH MEETING
COMMITTEE-OF-THE-WHOLE
August 7, 2001
Committee Room #2
Council met on Tuesday, August 7, 2001 at 4 :00 p.m. in Committee -of- the Whole.
All members of Council, with the exception of Alderman loannoni, who was away on
personal business and Aldermen Federow and Puttick, were present. Alderman Selina
Volpatti presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
E.C. WAGG, CITY CL AYNE THOMSON, MAYOR
SPECIAL MEETING
DISCLOSURES OF PECUNIARY INTEREST
Council Chambers
August 7, 2001
Council met on Tuesday, August 7, 2001 at 5:15 p.m. for the purpose of
considering Report PD- 2001 -67, Minor Variance Application at 5651 River Road, Proposed
Aviary redevelopment and Report CS- 2001 -08, Jolley Cut. All members of Council, with
the exception of Alderman loannoni, who was away on personal business, and Alderman
Federow, were present.
Alderman Pietrangelo indicated pecuniary interests from the Council meeting of July
16, 2001 on Report Nos. PD- 2001 -57 and L- 2001 -35 dealing with testamentary devise,
because a family member is involved in testamentary devise matters; and indicated a
pecuniary interest on Report No. F- 2001 -50, Cheque No. M93274, because the Niagara
Catholic District School Board is his employer.
Alderman Fisher indicated a pecuniary interest on this evening's Report No. CS-
2001-08, Jolley Cut matter because a family member is employed by HOCO.
His Worship Mayor Thomson indicated a pecuniary interest on Report CS- 2001 -08,
Jolley Cut.
Letters of Condolence
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ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that a letter of
condolence be forwarded to the family of the late Nick Vacca, a well- respected citizen of
the community. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that a letter
of condolence be forwarded to the Danielle family on the recent loss of their son, Matthew.
Carried Unanimously.
Stricter Drunk Driving Laws
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that a letter
be forwarded to the Ontario government requesting that the Province pass stricter laws on
drunk driving. Carried Unanimously.
PD- 2001 -67 Chief Administrative Officer Re: Minor Variance Application A-
33/2001; 5651 River Road; Proposed Aviary Re- development of the former Niagara
Falls Museum Site. The report recommends that Council reconsider the Committee of
Adjustment decision for minor variance application A- 33/2001 and direct staff to undertake
actions deemed appropriate.
AND
Communication No. The Niagara Parks Commission. The communication expresses
concerns that the proposal requests reduction of the number of parking spaces from 80 to
26 and requests that the application be withdrawn, so that the City may undertake a
detailed examination of the various options available to it relative to parking.
His Worship Mayor Thomson received indicating that the applicant, Mr. Larry Vann
was in attendance
Discussions ensued with respect to having a positive tourist attraction in the City;
the use of the People Mover System and the reduction in the number of parking spaces.
Following the discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Craitor, that the application be approved in principal, with the
direction that the applicant meet with staff and the Niagara Parks Commission to address
their concerns. Carried Unanimously.
RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the
actions taken in Committee -of- the Whole, earlier this evening be approved:
1. Re: Metrus Properties Limited /Alo North America that the City enter into an
agreement with Metrus Properties Limited to provide for the construction of a
driveway, at a cost of approximately $80,000 at Metrus's cost, together with any
interest charges to be repaid by Metrus by November 9, 2005;
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2. Re: Block 99 located in Calaguiro Estates that the City accepts an offer to
purchase from Kybala Ventures Inc., the parkland in the amount of $180,000, with
a non- refundable deposit of $50,000 and that the funds from the sale of the park
be used to develop a portion of Firemen's Park;
3. Re: Parking Lot 2 Convention Centre that the City advises the Region it will not
exercise its right to purchase the Stanley Avenue Parking Lot 2 property and
requests that Regional Council approve the attached resolution, as amended, that
it will not proceed to dispose of the lands bordered on the north by Dunn Street,
south by McLeod Road, east by Hydro lands and west by Ailanthus Avenue until
final plans and site selection are completed for the proposed Convention Centre;
and that the amended resolution be forwarded on to Region.
Carried Unanimously.
Alderman Fisher vacated Council Chambers due to a conflict of interest previously
noted with respect to the following matter.
His Worship Mayor Thomson declared a conflict of interest on the following matter
and relinquished the Chair.
Alderman Wayne Campbell assumed the Chair.
On the motion of Alderman Craitor, seconded by Alderman Feren, that permission be
granted to permit speakers to address Council. Carried Unanimously.
CS- 2001 -08 -Chief Administrative Officer Re: Jolley Cut. The report recommends the
following:
1. That Council authorizes staff to initiate the public process to close the unopened
portion of Robinson Street;
2. That Council support, in principle, the proposal put forward by Canadian Niagara
Hotels to purchase the unopened portion of Robinson Street, known as the Jolley
Cut. This action would be subject to the proponent successfully complying with the
conditions listed in the report
Acting Mayor Alderman Wayne Campbell received indication that Mr. Bryan Morris,
on behalf of the Fallsview B.I.A.; Mr. Don May, Planner, on behalf of the Skylon Tower and
Mr. Emilio Ramundo, on behalf of Canadian Niagara Hotels, were in attendance.
In response to questions raised, the City Solicitor commented on the public
notification process and procedures to be followed in order to close the road allowance.
He advised that due to the public interest on this matter, a hearing would be held before
Council in order to give full public participation.
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The Chief Administrative Officer responded that there would be further opportunity
for public input at a future meeting, where concerns and issues could be raised, but
advised that it would not be at the present meeting.
Mr. Bryan Morris, on behalf of the Fallsview B.I.A., advised that the Fallsview B.I.A.
were opposed to the two recommendations as outlined in the recommendation report; was
of the opinion that the Jolley Cut should be under public ownership and stated that the
Fallsview B.I.A. were in support of having an east/west linkage of the Jolley Cut.
Discussions ensued with respect to the costs involved to maintain the Jolley Cut;
the rezoning process and the issue of access.
The City Solicitor advised that Council had only two main issues to consider: 1) the
closing of the roadway and 2) the impact of such a road closure and referred to the
number of conditions for approval; and
Mr. Don May, Planner, Skylon Tower, provided comments with respect to the two
recommendations outlined in the staff report; the issues identified in the report were 1)
what are the direct implications of this action of closing and selling an unopened road
allowance; and 2) whether public ownership of major public linkages to the park is
essential; referred to the impact of restricting the access on the development of the entire
area; and recommended that Council accept staffs recommendation one with a
modification that Council authorize staff to initiate a public process to canvas the closing
of the unopened portion of Robinson Street; he further suggested that if Council accepted
staffs recommendations, that the proponent provide a south link (easement) to NPC
property at the Jolley Cut as this link is part of the major pathway system form the Skylon
property, that Skylon should construct and maintain this link as part of the southern
moraine trail; and that staff guarantee that no hotel can be built on the road allowance
lands without a rezoning process prior to roadway lands being deeded to the proponent
Mr. Emilio Rammundo, Architect, on behalf of Canadian Niagara Hotels, suggested
that Council approve the proposal, in principle, in order to allow staff to continue the
process to deal with the unopened road allowance of Robertson Street, known as the
Jolley Cut.
The Executive Director of Community Services provided a brief outline of the
proposal and reviewed staffs recommendations for closure of the unopened road
allowance; referred to the involvement of the Fallsview B.I.A.; the use of the public paths,
ownership /easements and stated that the recommendations were the first step in
beginning the process.
Following the discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Feren, that the report be received and adopted. The motion
Carried with the following recorded vote:
AYE: Aldermen Craitor; Feren; Hendershot; Orr; Pietrangelo; Puttick and Acting
Mayor Alderman Campbell.
NAYE Aldermen Volpatti and Wing.
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RESOLUTIONS
NO. 26 WHEREAS the municipality is actively engaged in the study of the feasibility of
a Convention Centre facility; AND WHEREAS a number of sites within the tourism core
have been identified as possible locations for the Convention Centre; AND WHEREAS one
of the potential sites is a 19.5 acre parcel bordered by Dunn Street on the north, McLeod
Road on the south, Hydro lands on the east and Ailanthus Avenue on the west; AND
WHEREAS this parcel is owned by the Regional Municipality of Niagara; NOW
THEREFORE BE IT RESOLVED THAT The Region be requested, by this resolution, to not
take any steps to dispose of the parcel indicated above until the Convention Centre study
is completed and a final site has been selected. AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by -laws, and the by -laws be read a first time:
2001 -158 A by -law to authorize the execution of a Servicing Agreement with Canadian
Niagara Hotels Inc. respecting Mewburn Road commercial block.
2001 -159 A by -law to authorize the execution of a Servicing Agreement with Canadian
Niagara Hotels inc. respecting Mewbum Road Townhouses.
2001 -160 A by -law to authorize the acceptance of an Offer to Sell, submitted to 876850
Ontario Ltd., for property described as 5986 Drummond Road being part of
Lot 6 on the east side of Drummond Road, north of Barker Street in the
Regional Municipality of Niagara for $165,000.00.
2001 -161 A by -law to authorize the execution of an Agreement with Metrus Properties
Limited respecting Alo North America.
2001 -162 A by -law to declare surplus part Block 99 on registered Plan No. M -92, being
land owned by the City of Niagara Falls on Calaguiro Drive and to authorize
that public notice be given of the said land being declared surplus and of the
proposed sale of the said land to Kybala Ventures Inc. for $180,000.00
The-motion Carried
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
following by -laws be now read a second and third time:
2001 -158 A by -law to authorize the execution of a Servicing Agreement with Canadian
Niagara Hotels Inc. respecting Mewburn Road commercial block.
2001 -159 A by -law to authorize the execution of a Servicing Agreement with Canadian
Niagara Hotels inc. respecting Mewburn Road Townhouses.
2001 -160 A by -law to authorize the acceptance of an Offer to Sell, submitted to 876850
Ontario Ltd., for property described as 5986 Drummond Road being part of
Lot 6 on the east side of Drummond Road, north of Barker Street in the
Regional Municipality of Niagara for $165,000.00.
2001 -161 A by -law to authorize the execution of an Agreement with Metrus Properties
Limited respecting Alo North America
High Cost of Water Bills
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2001 -162 A by -law to declare surplus part Block 99 on registered Plan No. M -92, being
land owned by the City of Niagara Falls on Calaguiro Drive and to authorize
that public notice be given of the said land being declared surplus and of the
proposed sale of the said land to Kybala Ventures Inc. for $180,000.00
The motion Carried
NEW BUSINESS
Alderman Norm Puttick indicated that he had received numerous complaints from
residents in the community with respect to the high water costs and in particular, the sewer
rates and suggested that this matter be looked into.
The Director of Community Services provided clarification on how the water and
sewer rates had been established.
The Executive Director of Corporate Services advised that a report would be
forthcoming to Council in September providing cost comparisons on last year's water
rates and this year's water rates.
Partners In the Sky
Alderman Craitor provided information on the "Partners in the Sky a jumping in
tandem from an airplane event that was being held on August 11, 2001 in support of the
Boys and Girls Club, the Niagara Support Services; and Niagara Peninsula and Children's
Centre. He advised that following the event, a team of professional skydivers would be
arriving at Firemen's Park and extended an invitation to the community to attend the
event.
Smoke -Free By -law
Alderman Hendershot expressed concems, as Honorary Chair of the Smoke -Free
Niagara Committee regarding correspondence that had been forwarded on City letterhead
to all organizations that conduct bingos in Niagara Falls; he reviewed the correspondence
and noted a number of discrepancies in the correspondence.
His Worship Mayor Thomson advised that a presentation would be made at the
August 13, 2001 Council meeting regarding the smoke -free by -law and that information
would be provided both pro and con on the matter.
The City Clerk provided clarification on the matter and advised that a complete
package along with a survey form and sample letter had been circulated to the
organizations and that the intent was to solicit the opinion of the groups and their
employees and that those groups should be informed that they have a right to make
representation on the matter.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
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E. C. WAGG, CI W ERK WAYNE THOMSON, MAYOR