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2001/09/10READ AND ADOPTED, TWENTY- FIRST MEETING COMMITTEE -OF- THE -WHOLE Council met on Monday, September 10, 2001 at 5:00 p.m. in Committee-of-the Whole. All members of Council, with the exception of Alderman Feren, who was away on personal business, 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. R.O. KALLIO, ACTING CITY CLERK WAYNE THOMSON, MAYOR PLANNING MEETING Council met on Monday, September 10, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Feren, who was away on personal business, were present. Alderman Judy Orr offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 September 10, 2001 Council Chambers September 10, 2001 Alderman Wing indicated a pecuniary interest on Report F- 2001 -58, Cheque Nos. 261901; 261643; 261655; 262115 and 261807 because she is involved with the foundation. Alderman Pietrangelo indicated a pecuniary interest on Report PD- 2001 -79, Policies for Testamentary Devise Parcels, because a member of his family owns parcels and on Report F- 2001 -52, dealing with Testamentary devise matters. Alderman Federow indicated conflicts of interest on Report PD- 2001 -79 and from the August 13, 2001 Council meeting on Report PD- 2001 -70, because they are business related. Alderman Craitor indicated a pecuniary interest on Report F- 2001 -58, Cheque No. 262109 because he is the recipient; and on Cheque Nos. 262117; 261693; 261978; 262133; 261914; and 261839 because a family member is employed by the Region. 2001 Summer Trillium Awards Residential Category: First Place: Second Place: Third Place: Awards of Merit: First Place: Second Place: Third Place: Awards of Merit: 2 Alderman Volpatti indicated a pecuniary interest on the Ritz Motel matter from Committee of the Whole and on Report PD- 2001 -84 because a family member is employed by the applicant. Prior to dealing with Agenda matters, His Worship Mayor Thomson advised that a Special Meeting of Council would be held on Monday, September 17, 2001 to deal with the water meter issue. During the discussion, on the motion of Alderman loannoni, seconded by Alderman Craitor, that the meeting commence at 6:00 p.m. in order to provide an opportunity for working residents to attend the meeting. Following further discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the meeting commence at 5:00 p.m. in Council Chambers and that a notice be placed in the local newspaper advising of the time of the meeting. Carried Unanimously. PRESENTATIONS His Worship Mayor Thomson introduced Mrs. Eloise Schumacher and Mr. Basil Schumacher, who were in attendance on behalf of the Niagara Falls Horticultural Society; Alderman Shirley Fisher and Alderman Selina Volpatti, Chair of the Environmental Planning and Greening Committee and Mayor Thomson presented the 2001 Summer Trillium Awards for Community Beautification to the following winners: John Sharlene Seidl Bill Wilma Selman Anne Mason Pasquale Carbone Phil Kym Cody Russell Boles Ronni Fisher Chandler Commercial Institutional /Industrial /Multiple Dwelling Complexes: My Cousin Vinny's Mr. Rick Dritsacos St. Thomas More Church Rev. Randy Gallant Happy Wanderer Restaurant Mrs. Hilde Mercnik La Riviera Motel Juris Skalde Summerset Court Anthony DiGiacomo Mullen Brothers Market Dave Mullen Maple Leaf Motel Carole Juliani 3 Team Ontario Under 15 Girls' Soccer Team His Worship Mayor Thomson congratulated and presented tokens of appreciation to Krystin Wilson and Lisa Collison on their Gold Medal win at the National Championships for Team Ontario's under 15 Girls' Soccer Team in Prince George, B.C. West Nile Virus DEPUTATIONS Mr. Bjorn Christensen, Director, Health Protection Promotion and Ms. Tina Rose, Public Health Inspector, Regional Niagara, Public Health Department provided a short presentation on the West Nile Virus. He discussed the Contingency Plan for 2001; the Dead Bird Surveillance; the Mosquito Surveillance; Animal and Human Surveillance; the Actions to be taken; Key Prevention Action; Source Reduction; Personal Protective Measures and Municipal Source Reductions through the Region. 2001 Annual United Way Campaign Mrs. Paisley Janvary-Pool, 2001 Campaign Chair, announced that the kick -off for the 2001 Annual United Way campaign was being held at the Capri Restaurant on September 19, 2001; provided the highlights of the special events planned along with a campaign video presentation. In attendance were many members of the Campaign Cabinet. Mrs. Janvary-Pool thanked members of Council for their support. Fallsview. B.I.A. Mr. Bryan Morris, Fallsview, B.I.A., provided Council with an overview plan for the installation of upgraded light standards in the Fallsview BIA. area and made the following recommendations: 1. That City Council support approve, in principal, the light standards, as mutually agreed upon and supported by City staff to be installed throughout the Fallsview BIA; 2. That staff be directed to report back to City Council at the next regularly scheduled Council meeting introducing an updated policy for City Council's consideration and ultimate approval for financial contribution to offset the costs for upgraded light standards in different areas throughout the City, specifically the Fallsview Tourist Area; 3. That staff be directed to report back to City Council at the next regularly scheduled Council meeting outlining a program to install upgraded light standards in the Fallsview BIA, the report to include the timetable for the installation of underground services, the reconstruction of streets, the installation of light standards; 4. That subject to these reports, Council agrees to financially support the cost to supply and install the light standards in the amount of 50%, approx. $3,000 per location for each like standard immediately adjacent to any rateable property in the Fallsview BIA and not currently required under site plan agreement; 4 5. That Council approves, the concept of the Fallsview BIA paying in advance for the supply and installation costs for light standards as co- ordinated with City staff; 6. That Council agrees to reimburse the Fallsview BIA, the costs as outlined, subject to further discussions with staff. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be referred to staff and that staff report back at an appropriate time. Carried Unanimously. PLANNING MATTERS PD- 2001 -76 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment; AM-20/99, Policies for Testamentary Devise Parcels. The report recommends that Council approve the proposed Official Plan Policies and Zoning amendment provisions for testamentary devise parcels with any necessary refinements to reflect the requirements of agencies and departments. -AND Communication No. 166 Brian N. Sinclair, Q.C., Solicitor. The communication advises as being in support of the proposal. Communication No. 167 Debbie Barter. The communication requests confirmation that they will not be penalized because they do not have a house built on this section. Communication No. 168 Niagara Peninsula Conservation Authority. The communication requests that Section 13.1.2(2)(b) be reworded. Communication No. 169 Pamela L. Stewart. The communication expresses concerns with respect to how her property will be effected regarding the Official Plan Zoning By- law application. Communication No. 170 Regional Niagara, Planning Development Department. The communication advises as not having any concerns but provides several suggestions for minor changes. Communication No. 171 Regional Niagara, Public Health Department. The communication advises that the proposed policies for testamentary devise parcels are satisfactory and that their septic comments are based on health and environment needs for long term on -site servicing of multiple lot developments. Communication No. 172 TransCanada. The communication advises has having no objection to the proposed amendments subject to establishment of a 10 -metre setback in the zoning by -law for all permanent structures and excavations from the limits of the right of -way and provides comments in that regard. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by placing a notice in the Niagara Falls Review and the Welland Tribune on August 11, 2001, in addition a notice was mailed by prepaid first class mail on August 10, 2001. 5 His Worship Mayor Thomson 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 reviewed the information provided in the Recommendation Report, through the use of posted sketches. He advised that approval of the Official Plan and Zoning By -law amendment would facilitate the development of testamentary devise parcels while safeguarding the character of the area, environment and other property owners; and further that the policies would encourage and provide mechanisms for the amalgamation of parcels to comply with a new set of consolidated by- law standards and would ensure that proposed development other than grandfathered parcels, on lots which do not conform to the new standards, would require amendments to the planning documents and thus a more comprehensive review 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. Tony May advised that he was not in favour in land increasing for these lots and that there was no need for increasing lot sizes in Willougyhby for septic systems; he indicated this was not viable agricultural land. Mr. John Dougherty, Montrose Road, advised that he had moved to get away from subdivisions and that he did not wish to live across from a subdivision. Ms. Charlene Stafford, 8069 Ridge Road, expressed concerns with respect to excessive traffic; no services in the area and does not wish to pay extra taxes. Mr. Vince Leonard, expressed the opinion that he was taxed quite a lot, but that no services were provided. The City Solicitor provided clarification with respect to the testamentary devise lots and compliance with the zoning by -law of the City. The Director of Planning and Development advised that small refinements would have to be made with respect to "wetlands Mr. Mark Campbell, Morris Road, questioned the grandfathering of the lots. An interested resident enquired what effect would the new policies have on existing properties. The City Solicitor advised that upon passage of the by -law, these would be a legal use and not a non conforming use. Mr. Carlo Montemurro expressed concerns with respect to policies for testamentary devise parcels and certain properties. The Director of Planning and Development advised that Council had passed a site specific by -law and that the Pietrangelo properties had been dealt with. 6 Mr. Ken Pieri, Town of Tonawanda, N.Y. referred to his involvement with testamentary devise matters and of the great loss of his investment. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 20/99, closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman loannoni, seconded by Alderman Hendershot, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -75 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 20/2001 4882 Hunter Street; Applicant: Diamianos Partheniou; Agent: Harry Korosis; Proposal: Commercial Parking Lot. The report recommends that Council deny the Zoning By-law Amendment application to rezone 4882 Hunter Street from Deferred Tourist Commercial (DTC) to Tourist Commercial (TC) to permit the establishment of a commercial parking lot. -AND Communication No. 173 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposal. Communication No. 174 Luciano Chieca. The communication requests that an 8 foot fence be erected in order that automobiles can't be seen, can't be heard and to avoid gas fumes. Communication No. 175 Brenda Hicks. The communication expresses concerns with respect to creating parking lots in residential areas; the gas fumes emitted from the vehicles; noise levels and the creation of additional traffic in the area Communication No. 176 Concerned Area Resident. The communication advises that the proposal is not suitable for a residential area and expresses concerns with respect to the noise and volume of traffic and expressed safety and health concerns. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on August 10, 2001. His Worship Mayor Thomson received indication that Mr. Harry Korosis, 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. 7 The Director of Planning and Development reviewed the application through the use of posted sketches; advised that the proposed parking lot was not within the intent and purpose of the Official Plan; that it was not an appropriate transitional use to the residential land uses west of Victoria Avenue; and indicated if the proposal was approved, it should be zoned a site specific P zone with site specific provisions requiring 20 feet of landscaping along Hunter street and 5 feet of landscaping along the rear and side lot lines and that it should be made subject to site plan control to address those landscaping, servicing and paving issues. 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. Mrs. Lareverand, expressed opposition to having a parking lot in a residential area. Mr. Harry Korosis advised that his client was agreeable to providing the 200 feet of landscaping along Hunter Street along with the sewer system and lighting; expressed the opinion that an additional 14 parking spaces should not be a cause for concern, that this was a transitional phase and would be an improvement over having cars parking in the street. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 20/2001, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the application be denied. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -79 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 23/2001, W/S River Road, South of Elgin Street; Applicant: 647802 Ontario Limited et al; Agent: John Hopkins; Proposed Alternate Parking Requirements for an Expansion to Souvenir City. The report recommends that Council approve the Zoning By -law amendment application to allow bus parking to be used to provide a portion of the required parking spaces to accommodate an expanded commercial development. -AND Communication No. 177 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed amendment. Communication No. 178a) Claude Marjorie Scott. The communication expresses concerns regarding increased exhaust emissions from the vehicles, noise pollution; increased traffic; dust and devaluation of property; AND Communication No. 178b) Mrs. Marjorie Scott. The communication expresses opposition to the proposed amendment. Communication No. 179 Christine Richard Twinn. The communication expresses concerns with respect to the garbage bins; fencing and snow plowing. Communication No. 180 John B. Hopkins, Broderick Partners. The communication attaches a copy of the Plan and specific pages of the Parking and Traffic Study prepared by Delcan. 8 Communication No. 181 The Niagara Parks Commission. The communication requests that the concerns expressed in the correspondence be addressed prior to or as a condition of approval of the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notic of the Public Meeting had been given in accordance with the Regulations by prepaid firs class mail on August 10, 2001. His Worship Mayor Thomson received indi ation that Mr. John Hopkins, was in attendance on behalf of the applicant; and receive 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 lerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result !n 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; advised that the proposal complies with the intent and purpose of the Official Plan; the proposed alternative of bus parking in lieu of ors -site vehicular parking will better serve the development and will eliminate on- street panting and circulation through residential areas; advised that buffering relief, retaining wall:;, landscaping, servicing and garbage containment/pick -up, would be part of the site plan agreement and that staff were recommending approval of the proposal. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mrs. Christine Twinn, 4214 May Avenue, epressed concerns regarding the location of the garbage bins and subsequent garbage fumes, flies and noise of the compactor. She requested that the garbage bins be located behir.'d the retaining wall and further requested that there be no fencing built between her property and Souvenir City property, and that all snow plowed be dumped in the parking lot at Elgin Street. Mr. Tom Green, business owner at 4147 Ftiver Road, indicated that he wished to keep his business operating and expressed concerns of water and hydro interruptions during the demolition stage. He also requested an extension from the applicant in order to remain operating his business. Mr. Drew Foster, 4301 Elgin Street, expr ;sed concerns with respect to the buses in the area and dealing with bus fumes and the idling of bus engines. In response to concerns expressed, the. City Solicitor advised that heavy load restrictions were a police matter and that parking restrictions were a municipal matter. Mr. Fred Collette, 4240 Elgin Street, exp' ussed concerns with respect to bus fumes and enforcement of buses travelling on reside'itial streets. During the discussions, it was suggested that interested neighbours be permitted to sit on the site planning process. Mr. Richard Campbell, 18 Vine Street, St. Catharines, expressed concerns with respect to the bus traffic and stated that buses parking near the wall on the property would cause reverberation which would effect the residents in the area. 9 Mr. Claude Scott, 4233 Elgin Street, expressed health concerns dealing with the idling of buses; the emission of fumes from the buses and expressed sewage concerns. Mrs. Norma Scherlock, 4152 Terrace, expressed concerns with respect to bus fumes; dust emitted from the demolition site; the increased traffic in the area and enquired when the demolition would commence. A concerned resident expressed noise concerns, the quality of air due to the buses in the area; and stated that she did not wish to have a parking lot in a residential area. Ms. Cathy Garner, 4248 Elgin Street, expressed landscaping concerns and the removal of the trees in the area; bus traffic and bus parking for the hotel. Mr. John Hopkins provided a brief overview of the proposed application; advised that the bus parking would be in front of the building and that trees would be removed on the property but would be replaced; he stated that concerns of the residents would be address through the site plan agreement. Mr. Richard Baker, Architect, discussed the design of the application and suggested the possibility of a one -way street system in the area and encouraged Council to consider that aspect of the proposal. In response to questions raised, the Director of Planning Development advised that the applicant has provided ample opportunity for bus and car parking; and that the issue of berming and landscaping would be dealt with through the site planning process. The Manager of Engineering Services responded to concerns expressed regarding the sewer system and advised that due to the large combined sewer system, there were problems and that those problems were being looked at. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 23/2001, closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the matter be deferred in order that the applicant, staff and residents meet to address the concerns of the residents. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -84 Chief Administrative Officer Re: Zoning By -law Amendment Application: AM- 21/2001, 6740 Fallsview Boulevard North Side of Dunn Street; Applicant: The Ritz Motel Limited; Agent: Italia Gilberti; Proposal: Off -site Parking for the Embassy Suites Hotel. The report recommends that Council approve the Zoning By -law amendment application to permit some of the required parking for the Embassy Suites Hotel to be provided both on -site and off -site conditional upon the owner entering into a site plan agreement that requires the owner to build and have operational a parking structure on the Dunn Street lands prior to the Embassy Suites Hotel being occupied. -AND Communication No. 182 Regional Niagara, Planning Development Department. The communication advises as having no objections to the proposed amendment. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. 10 The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on August 17, 2001. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present vho 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 Thomsen advised that failure to make oral or written submissions at the Council meeting ;ould result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development advised that staff were recommending approval of the proposal. There was a negative respori:,e to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Ms. Gilberti requested Paragraph 2a) dealing with the construction of the parking structure which stated "that the owner hereby agrees to obtain the applicable building permits for and to seriously commence construction of the parking structure no later than December 31, 2001" be deleted from the Recommendation Report. Since no further comment;; were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 21/2001, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that Paragraph 2a) dealing with the construction. of the parking structure be deleted from the Recommendation Report and that the report be received and adopted as amended. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others;voting in favour. Alderman Wing vacated Council Chambers. PD- 2001 -78 Chief Administrative Officer Re: Appeal of Zoning By -law No. 2001- 157; AM-08 -2001, Grand Niagara Resort Corporation; Grassy Brook Road between Montrose Morris Roads; 36 -hold Golf Course, Hotel, Vacation Villas, Conference Centre, Fitness Centre /Spa. The rel: xrt recommends that Council reaffirm, by resolution, the passing of By -law No. 2001 -157. ORDERED on the motion of Alderm;::n Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Resolution No. 32 Alderman Wing returned to Council Chambers. PD- 2001 -80 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Chippawa West Phase 2, 26T- 94009; Owner: Queensway Chippawa Properties Inc. The report recommends that Council support a one -year extension to draft plan approval for the Chippawa West Phase 2 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2001 -81 Chief Administrative Officer Re: Call for Proposals; Zoning By -law Review. The report recommends that staff proceed with a call for proposals to update and consolidate the four zoning by -laws in the City. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. PD- 2001 -82 Chair, Local Architectural Conservation Advisory Committee Re: Matters Arising from the August 22, 201 Meeting of the Local Architectural Conservation Advisory Committee (LACAC). The report recommends that these matters be referred to staff for consideration. Alderman Janice Wing introduced Mr. Peter Stokes, Restoration Architect, who provided a brief outline of the significance of the heritage property known as the Leeming House, located at 5781 Highland Avenue. His Worship Mayor Thomson congratulated and thanked Mr. Stokes for his report. ORDERED on the motion of Alderman Wing, seconded by Alderman Fisher, that the matter be referred to staff for consideration. Carried Unanimously. PD- 2001 -83 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Warren Woods, 26T -96001 (Revised); Owner: 797045 Ontario Ltd. (S. Cowan) The report recommends that Council support a one -year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. ORDERED on the :motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES Alderman Pietrangelo requested that the Minutes of August 13, 2001 be amended to reflect he is employed by the Niagara Catholic District School Board. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the Planning /Regular Minutes of August 13, 2001 be adopted as amended. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Elimination of Physiotherapy from OHIP Coverage His Worship Mayor Thomson referred to correspondence received from the Town of Fort Erie regarding the elimination of physiotherapy services from OHIP coverage and requesting support of a resolution to the Minister of Health to re- examine the elimination of physiotherapy services from OHIP coverage in a timely manner, with a view to re- instatement. 12 ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that Council supports the resolution of the Town of Fort Erie requesting the Minister of Health to re- examine the elimination of physiotherapy services from OHIP coverage in a timely manner, with a view to re- instatement. Carried Unanimously. COMMUNICATIONS Communication No. 183 Niagara Regional Minor Football Association Re: Designation of City-owned fields. The communication requests that the City of Niagara Falls designate one of the City -owned fields exclusively as a football playing venue. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the request be referred to staff and further that a letter of congratulations be forwarded to the Niagara Regional Minor Football League for a job well done. Carried Unanimously. Communication No. 184 Niagara Falls Arts Culture Commission -Re: Resignation The communication advises that Members of the Commission have) accepted the verbal resignation of Margaret Mingle from the Arts Culture Commission, City of Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by Alderman Wing, that a letter of regret be forwarded to Margaret Mingle on her resignation. Carrd Unanimously. Communication No. 185 Mr. Fermino Susin, Niagara Airport Commission Re: Appointment. The communication requests that Council appoint a Council representative to the Niagara Airport Commission. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that Alderman Gary Hendershot be appointed to the Niagara Airport Commission. Carried Unanimously. Communication No. 186 The Canadian Foundation for the Study of Infant Deaths Re: Proclamation. The communication requests that Council proclaim October as SIDS Awareness Month in the City of Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. Communication No. 187 Hazel Forsythe, Bible Baptist Church Re: Special Occasion Permit. The communication requests Council approval to hold a fireworks display on September 20, 2001 at the Bible Baptist Church on 5329 l3eechwood Road. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carried Unanimously. Communication No. 188 Mr. Rudy Tychynski Sr. Re: Indoor Horseshoe League. The communication requests Council consideration to have an indoor space to house an indoor horseshoe winter league. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the matter be referred to staff. Carried Unanimously. Communication No. 189 Mr. Rick Watson Re: Development Charges. The communication requests a refund from development charges. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the correspondence be received and filed. The motion Carried with Alderman Fisher voting contrary to the motion and with all others voting in favour. Communication No. 190 Correspondence from Peter Corfield, Fire Chief Re: Resignation. The communication is a submission of Resignation from Peter Corfield as Fire Chief from the City of Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. 13 Communication No. 191 Correspondence from Daniel Dufresne Re: Petitions. The communication requests Council support to petition the Provincial and Federal Governments to end homelessness in Ontario and Canada. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the request be supported. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick, that leave be granted to proceed past 11 o'clock. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the August 13, 2001 Community Services Committee Minutes; 2. Deputation That the Souvenir City requests for the removal of Bus Restriction signs on May Avenue be denied; 3. MW- 2001 -125 that Mr. Vince Audibert on behalf of St. John's Ambulance request for a $7,000 grant be approved; 4. PD- 2001 -77- Conversion of former Beatties Store, 4555 Queen Street and Downtown Board of Management Petition that the matter be deferred to the Downtown BIA for further discussion and brought back to Council; 5. MW- 2001 -119 Consulting Services for the Collection of Data for a Pavement Analysis Program that the City of Niagara Falls enter into a Consulting Services Agreement for the collection of road condition information for the City of Niagara Falls urban road network at a cost of $55,200 plus GST; 6. MW- 2001 -122 Monthly Parking Review of Rates that effective January 1, 2002, monthly lease parking rates be increased by $10.00 per month; 7. BBS- 2001 -26 Appointment of Inspector, Teasdale Richard Colledge that Teasdale Richard Colledge be appointed as a Municipal By -law Enforcement Officer; 8. R- 2001 -39 Cemetery Public Awareness Campaign that the report be received for information of Council and that staff investigate and report back with options to restrict vehicle parking in cemeteries after dark; 9. FS- 2001 -03 Vehicle Purchase that Council approve the purchase of an administrative /emergency response vehicle at a cost of $24,545.00 plus taxes and licence; 10. That the request for financial assistance from local athlete Lisa Collison be moved to the Recreation Commission. Carried See By -law No. 2001 -187 See By -law No. 2001 -198 14 MW- 2001 -106 Chief Administrative Officer Re: Tender #4 -2001- Tandem Truck Purchase. The report recommends that the purchase of a 59,500 Ib. Tandem truck c/w with dump body, snow plough, and sanding /salting attachments be awarded to archers Truck Service Ltd. at a cost of $194,195.84 including taxes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW- 2001 -120 Chief Administrative Officer Re: Tender #7 -2001, Vehicle Replacement Purchases. The report recommends that the following bidders be awarded the respective vehicle replacement tenders as follows: 1) Brian Cullen Motors, St. Catharines for one (1) Mid -Size 4 -Door Sedan in the amount of $21,874.15; one (1) Panel Cargo Van in the amount of $23,989.00, and one (1) Heavy Duty V -8 Crew Cab Pickup Truck in the amount of $31,275.40 totalling $77,138.55; 2) Day Ford Lincoln, St. Catharines for four (4) Short Wheelbase Panel Mini -Vans in the amount of $93,582.40, and one (1) 10,000 Ib. G.V.W. Single Axle Truck with Dual Wheels, Crew Cab and Contractors Box Hoist in the amount of $45,698.70 totalling $139,281.10; 3) Ed Learn Ford Sales Ltd., St. Catharines for two (2) %-Ton Pickup Trucks in the amount of $43,754.05, and one (1) Heavy Duty'' -Ton Pickup Truck in the amount of $22,742.40 totalling $66,496.45. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW- 2001 -121 Chief Administrative Officer Re: Tender #8 -2001, Tires, Tubes Repair Service. The report recommends that the tender for Tires, Tubes Repair Service be awarded to the lowest bidder, Demor's Tire Service of Niagara Falls, for the tendered price of $43,219.23. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2001 -60 Chief Administrative Officer Re: 2001 -2002 Agreement Corps of Commissionaires; School Crossing Guard Coordinator. The report recommends the following: 1) that the Canadian Corps of Commissionaires (Hamilton) continue to provide the services of a School Crossing Guard Coordinator for the period from August 20, 2001 to July 1, 2002; 2) that staff be directed to prepare the necessary agreements. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Aldermen Pietrangelo and Campbell abstaining from the vote on conflicts of interest and with all others voting in favour. Verbal Report from Alderman Kim Craitor, Chair, Parking Traffic Committee Re: Meeting with the Hon. Brad Clark, Minister of Transportation on August 27, 2001 with respect to Traffic Safety and Aggressive Driving. Alderman Craitor provided a brief outline of his discussions with the Hon. Brad Clark, Minister of Transportation with respect to some of the programs that the municipality has instituted; he further advised that the Minister had given assurances that a special conference was scheduled for early next year in order to liave discussion and dialogue and to see some of the solutions that the municipalities have put together with respect to traffic safety and aggressive driving. 15 F- 2001 -58 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $4,899,503.10 for the period ending September 10,2001. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Craitor and Wing, abstaining from the motion on conflicts of interest previously noted and with all others voting in favour. See By -law No. 2001 -199 Ratification of Committee -of- the -Whole Matters ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the actions taken in Committee -of- the Whole, earlier this evening be approved: Superior Court of Justice Hotel Europa that the City retain the services of Mr. George H. Rust -D'Eye on behalf of the City to appose the application and take all the necessary steps in that regard; Site Plan Agreement regarding Embassy Suites that the City accept the best efforts undertaking from Ms. Italia Gilberti to negotiate with the mortgagee the discharge of Embassy Suites lands. Carried CD- 2001 -10 Chief Administrative Officer Re: Special Occasion Permit. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. Report of the Body Rub parlour Committee Re: Marjana Kovinic Alderman Selina Volpatti, Chair, Body Rub Parlour Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter be deferred to the October 1, 2001 Council meeting at the request of the applicant's Solicitor. Carried Unanimously. L- 2001 -50 Chief Administrative Officer Re: Declare Surplus and Authorize a Land Exchange of the Closed Portion of Laneway at the Rear of Chalet Motor Inn on McGrail Avenue. The report recommends that the closed portion of a laneway on registered Plan No. 291, designated as part 1 on Reference Plan No. 59R- 11000, located at the rear of Chalet Motor Inn, be declared surplus and that a land exchange be authorized. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -191 See By -law No. 2001 -192 L- 2001 -51 Chief Administrative Officer Re: Repeal By -law to exempt land from part lot control 6510 6520 Barker Street, Lots 112, 113 114 Plan No. 64. The report recommends that By -law No. 2001 -87, to designate Lots 112, 113 and 114 on registered Plan No. 64 not to be subject to part lot control, be repealed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -190 F- 2001 -52 Chief Administrative Officer Re: Aiello Agreement with the City; Building Permit Testamentary Devise Part 9 on Reference Plan No. 59r -7428 Morris 16 Road; Hodkin Agreement with the City; Building Permit Testamentary Devise part 16 on reference Plan No. 59R -7414 Detenbeck Road. The report recommends the following: 1. That Council authorize an Agreement dated August 22, 2001 between Antonio Aiello and the City regarding application for a Building Permit; 2. That Council authorize an Agreement dated August 20, 2001 between mark Hodkin and Kelly Hodkin and the City regarding application for a Building Permit. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By -law No. 2001 -188 See By -law No. 2001 -189 L- 2001 -54 Chief Administrative Officer Re: Authorization to proceed with the Closing of a Laneway between Leader Lane and Ferguson Street. The report recommends that staff be authorized to proceed with the closing of the southerly 150 feet of a laneway located between Leader Lane and Ferguson Street. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2001 -55 Chief Administrative Officer Closing and Declaring Surplus part of Graham Street; Designated as parts 8 and 9 on Reference Plan No. 59r- 11438. The report recommends the following: 1. That the portion of Graham Street, described as parts 8 and 9 on reference plan No. 59R- 11438, be stopped up and closed; 2. That the said parts 8 and 9, so closed, be declared surplus and that the said parts be conveyed to the abutting owner, for nominal consideration plus costs. Carried Unanimously. See By -law No. 2001 -194 See By -law No. 2001 -195 L- 2001 -56 Chief Administrative Officer Re: Body -Rub Parlour By -law Amendments. The report recommends that the attached By -law amending the Body -rub Parlour By -law No. 99 -164, as amended, be passed later this evening. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted..Carried Unanimously. See By -law No. 2001 -197 RESOLUTIONS NO. 31 IOANNONI WING BE IT HEREBY RESOLVED THAT the Provincial Government be urged to mandate municipalities to place the same priorities on crime prevention and community safety as it does on fire prevention and fire safety and that they provide the municipalities with the financial means to do so. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 32 VOLPATTI FISHER RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law No. 2001 -157, a by -law to permit the development of a golf course resort. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 17 BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2001 -185 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 17/91, M. Ricci) 2001 -186 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2001 -187 A by -law to authorize the execution of an agreement with Roadware Group Inc. respecting a road needs survey for approximately 400 kilometers of roadway in the City of Niagara Falls. 2001 -188 A by -law to authorize an Agreement, dated August 22, 2001, with Antonio Aiello regarding application for a Building Permit. (Re: Report L- 2001 -52) 2001 -189 A by -law to authorize an Agreement, dated August 20, 2001, with Mark Hodkin and Kelly Hodkin regarding application for a Building Permit. (Re: Report L- 2001 -52) 2001 -190 A by -law to repeal By -law No. 2001 -87, being a by -law to designate certain land not to be subject to part lot control. (Re: Report L -2001- 51) 2001 -191 A by -law to declare surplus the closed portion of a laneway between Lots 109 and 126 on registered Plan No. 291, designated as Part 1 on Reference Plan No. 59R- 11000. (Re: Report L- 2001 -50) 2001 -192 A by -law to authorize the transfer of the closed portion of a laneway between Lots 109 and 126 on Plan No. 291 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as part 1 on Reference Plan No. 59R -11000 to Lorenzo D'Amico in exchange for a road widening on McGrail Avenue, designated as part 2 on Reference Plan No. 59R- 11000, at no cost to the City. 2001 -193 A by -law to authorize the execution of an agreement with Brock University respecting upgrades and improvement to four baseball diamond infields located on the campus of Brock University. 2001 -194 A by -law to stop up and close part of Graham Street, designated as Parts 8 and 9 on Reference Plan No. 59R- 11438. (Re: Report L -2001- 55) 2001 -195 A by -law to declare surplus the closed portion of Graham Street designated as Parts 8 and 9 on Reference Plan No. 59R -11438 and authorize the transfer of the said closed portion of Graham Street to 1006057 Ontario Limited, for nominal consideration plus costs. 2001 -196 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 17/2001, Ana Kolesar) 2001 -197 A by -law to amend By -law No. 99 -164, as amended, being a by -law to provide for the licensing, regulating and inspection of body -rub 18 parlours, owners, managers and operators of body -rub parlours and body rubbers of body -rub parlours. 2001 -198 A by-law to appoint Municipal By -law enforcement officers for Niagara Falls. 2001 -199 A by -law to authorize monies for General Purposes (September 10, 2001) 2001 -200 To authorize the acceptance of an Offer to Purchase by Terma Holdings Inc., to purchase Lot 72 on Plan No. 251 located on the south side of Bridgewater Street for $40,000.00 and authorize execution of Documents necessary to complete the conveyance of said Lot 72. The motion Carried with Aldermen Craitor and Wing abstaining from the vote on By -law No. 2001 -199 on conflicts previously noted; and Alderman Pietrangelo abstaining from the vote on By -law Nos. 2001 -188 and 2001 -189 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the by -laws be read a second and third time: 2001 -185 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 17/91, M. Ricci) 2001 -186 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2001 -187 A by -law to authorize the execution of an agreement with Roadware Group Inc. respecting a road needs survey for approximately 400 kilometers of roadway in the City of Niagara Falls. 2001 -188 A by -law to authorize an Agreement, dated August 22, 2001, with Antonio Aiello regarding application for a Building Permit. (Re: Report L- 2001 -52) 2001 -189 A by -law to authorize an Agreement, dated August 20, 2001, with Mark Hodkin and Kelly Hodkin regarding application for a Building Permit. (Re: Report L- 2001 -52) 2001 -190 A by -law to repeal By -law No. 2001 -87, being a by -law to designate certain land not to be subject to part lot control. (Re: Report L -2001- 51) 2001 -191 A by -law to declare surplus the closed portion of a laneway between Lots 109 and 126 on registered Plan No. 291, designated as Part 1 on Reference Plan No. 59R- 11000. (Re: Report L- 2001 -50) 2001 -192 A by -law to authorize the transfer of the closed portion of a laneway between Lots 109 and 126 on Plan No. 291 in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as part 1 on Reference Plan No. 59R -11000 to Lorenzo D'Amico in exchange for a road widening on McGrail Avenue, designated as part 2 on Reference Plan No. 59R- 11000, at no cost to the City. 2001 -193 A by -law to authorize the execution of an agreement with Brock University respecting upgrades and improvement to four baseball diamond infields located on the campus of Brock University. 19 2001 -194 A by -law to stop up and close part of Graham Street, designated as Parts 8 and 9 on Reference Plan No. 59R- 11438. (Re: Report L -2001- 55) 2001 -195 A by -law to declare surplus the closed portion of Graham Street designated as Parts 8 and 9 on Reference Plan No. 59R -11438 and authorize the transfer of the said closed portion of Graham Street to 1006057 Ontario Limited, for nominal consideration plus costs. 2001 -196 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 17/2001, Ana Kolesar) 2001 -197 A by -law to amend By -law No. 99 -164, as amended, being a by -law to provide for the licensing, regulating and inspection of body -rub parlours, owners, managers and operators of body -rub parlours and body rubbers of body -rub parlours. 2001 -198 A by -law to appoint Municipal By -law enforcement officers for Niagara Falls. 2001 -199 A by -law to authorize monies for General Purposes (September 10, 2001) 2001 -200 To authorize the acceptance of an Offer to Purchase by Terma Holdings Inc., to purchase Lot 72 on Plan No. 251 located on the south side of Bridgewater Street for $40,000.00 and authorize execution of Documents necessary to complete the conveyance of said Lot 72. The motion Carried with Aldermen Craitor and Wing abstaining from the vote on By -law No. 2001 -199 on conflicts previously noted; and Alderman Pietrangelo abstaining from the vote on By -law Nos. 2001 -188 and 2001 -189 and with all others voting in favour. Illegal Parking Lot NEW BUSINESS Alderman Janice Wing referred to the illegal parking lot on Hunter Street and referred to the comments on page 3 of the Recommendation Report regarding the City's Commercial parking lot. Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Craitor, that staff be directed to commence the process of updating the City's commercial Parking lot licensing by -law. Carried Unanimously. Terry Fox Update Alderman Carolynn loannoni thanked members of Council for sporting their Terry Fox buttons and advised that the upcoming Terry Fox Run being held on September 16 2001 at 11:00 a.m. and thanked everyone for their support and encouraged the community's participation in the event. Resolution regarding crime prevention and community safety Alderman Carolynn loannoni referred to her AMO presentation on crime prevention and of the great response she had received. She referred to her discussions with the 20 Deputy Solicitor General with respect to the government's priorities dealing with crime prevention and community safety and requested that a resolution of Council be forwarded to the Provincial government and that the Provincial government be urged to mandate municipalities to place the same priorities on crime prevention and community safety as it does on fire prevention and fire safety and that they provide municipalities with the financial means to do so. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the Provincial Government be urged to mandate municipalities to place the same priorities on crime prevention and community safety as it does on fire prevention and fire safety and that they provide municipalities with the financial means to do so. Carried Unanimously See Resolution No. 31 Skunk Problems Chippawa Lions 60 Anniversary Alderman Shirley Fisher advised that the Chippawa Lions would be celebrating their 60 Anniversary of Community Service on September 29 2001 and requested that a letter of congratulations be forwarded to them. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that a letter of congratulations be forwarded to the Chippawa Lions on the occasion of their 60 Anniversary of Community Service. Carried Unanimously. Advance Green Lights KISS RIDE Program Riverview School Alderman Shirley Fisher advised that the Riverview School KISS RIDE program was a very successful program. Alderman Victor Pietrangelo requested that the Humane Society be contacted to deal with the skunk problem that Mount Carmel Park was experiencing. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the matter be referred to staff. Carried Unanimously. Minor Hockey Ad Hoc Committee Alderman Art Federow, Chair, Minor Hockey Ad hoc Committee, advised that the Ontario Minor Hockey Association has completed their report and advised that the ad hoc committee would be reviewing the report. There was some discussion regarding whether the Niagara Falls Minor Hockey Association could ban individuals from the City owned facilities. ORDERED on the motion by Alderman Volpatti, seconded by Alderman Puttick, that the City Solicitor investigate the legalities of whether the Niagara Falls Minor Hockey Association could ban individuals from the City owned facilities. Carried Unanimously. Alderman Kim Craitor referred to the installation of advance north /south green lights at Dorchester and McLeod Road and requested that the Region look into the matter. Fumes and Air Quality Alderman Kim Craitor referred to concerns expressed by residents in the area about the air quality and fumes coming from the Maple Leaf Auto Body Shop and requested that the Ministry of the Environment be requested to provide a letter indicating whether the air quality is safe or not and that if the air quality was not safe, that they provide some recommendations on the matter. ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that the matter be referred to staff requesting that the MOE look into the matter. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the meeting be adjoumed. Carried Unanimously. READ AND ADOPTED, 21 R.O. KALLIO, ACTING CITY CLERK WAYNE THOMSON, MAYOR