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2002/08/12SEVENTEENTH MEETING COMMITTEE -OF- THE -WHOLE Council met on Monday, August 12, 2002 at 6:30 p.m. in Committee -of -the Whole. All members of Council, were present. Alderman Janice Wing presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, IORFI DEAN ORF A, C CLERK PLANNING MEETING Council met on Monday, August 12, 2002 at 6:40 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Judy Orr offered the Opening Prayer. Committee Room #2 August 12, 2002 DISCLOSURES OF PECUNIARY INTEREST WAYNE THOMSON, MAYOR Council Chambers August 12, 2002 Alderman Kim Craitor indicated a pecuniary interest from Community Services Committee on Report F- 2002 -49, Cheque Nos.269182; 269460; 269028; 269488; 268985; 269924; 269292; 269055; 269461 and 269344 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest from Community Services Committee on Report F- 2002 -49, Cheque Nos. 269157; 269435 and 269302, because he has ongoing issues with the Humane Society; on Report R- 2002 -49 because he plays hockey with several of the hockey players and on Report PD- 2002 -79 because he resides in the area. Alderman Victor Pietrangelo indicated a pecuniary interest on Report PD- 2002 -82, because his place of employment will be directly adjacent to the proposed development. Report CAO- 2002 -06 Chief Administrative Officer Re: Drinking Water Quality. The report is provided for the information of Council, in response to an article which appeared in The Review dated Tuesday, August 6, 2002. On the motion of Alderman Feren, seconded by Alderman Volpatti, that the City Clerk be permitted to read the recommendation report to members of Council. Carried Unanimously. Following the report, the Chief Administrative Officer reviewed the sequence of events which had occurred and a newspaper article that had challenged the current procedure the City had with respect to dealing with possibly tainted drinking water. He advised that the procedure that staff had followed was under the direction of the Ministry of the Environment and the Regional Department of Health to ensure accuracy and protect the public; there was no evidence of E Coli and he assured members of Council and the public that staff were observing proper follow up procedures. Dr. Robin Williams, Medical Officer of Health and Mr. David Young, Manager of the Drinking Water Quality Program, provided clarification on the methods of monitoring and testing in the maintenance of safe water quality. Dr. Williams advised that post Walkerton, the water surveillance program had been thoroughly reviewed and regularly monitored; the water sample produced a spurious result; the water was of pristine quality and it would be her decision whether to issue a Boil Water Advisory. When issuing such an advisory, they air on the conservative side, however, they do not want to unnecessarily cause public hysteria. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and filed. Carried Unanimously. Understanding the Early Years Dr. Robin C. Williams, Medical Officer of Health provided a brief overview of the "Understanding the Early Years" initiative which included the topic headings: the Global Perspective; What We Hope to Achieve; the New Neuroscience; How Are Ontario's Children Doing? And The Benefits of Early Years Investments. Ms. Susan Reid, Commissioner, Community Services Department, Regional Niagara, advised that Niagara Falls had been selected as one of the 12 communities nationwide to participate in the Understanding the Early Years research study; she reviewed the three components to the research which included 1) The Early Development Instrument (EDI); 2) The National Longitudinal Survey of Children and Youth; and 3) The Community Mapping; she referred to some very successful initiatives such as Maple Street School Park; the Skateboard Park and the Development of Trails in the community. She advised that a system would be set up to evaluate and monitor the children's progress and that the results of the study would be available late in 2002. Information Kits were available to members of Council. 2002 Municipal Senior of the Year -2- PRESENTATIONS His Worship Mayor Thomson presented a Provincial plaque for Municipal Senior of the Year, in recognition of an individual who has enriched the social, cultural or civic life of the community, to Mr. Joseph Montgomery. Coronation 50 Plus Recreation Centre His Worship Mayor Thomson introduced Ms Hanya Goforth, to members of Council, as the new Seniors Coordinator for the Coronation 50 Plus Recreation Centre. YMCA. Niagara -3- DEPUTATIONS Mr. Jim Inman, Chair of the YMCA, Niagara thanked members of Council for their support of the YMCA and advised that the YMCA has completed the repayment of the $300,000 debt owed to the City and introduced Mr. Stephen Butz, CEO, YMCA, Niagara who stated that Niagara Falls would be hosting a delegation of 120 professionals from across Canada at a YMCA Conference being held from November 8th to November 11 2002. His Worship Mayor Thomson thanked the participants for their presentation. Mr. Jay Cochrane, Skywalker, presented a cheque in the amount of $26,693.76 to Mr. Flory Massi of Tender Wishes. Mr. Cochrane had raised the monies during his skywalks at Canadian Niagara Hotels this summer. CURRENT PLANNING MATTERS PD- 2002 -73 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM-26/2002, 4286 4292 Ferguson Street; Applicant: Robert James Craig; Proposed Cottage Rental Dwellings. The report recommends that Council approve the Zoning By -law Amendment application to permit the dwellings located at 4286 and 4292 Ferguson Street to be used for the accommodation of tourists on a daily or weekly basis (cottage rental dwellings). 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 to Regulations by prepaid first class mail on July 12, 2002. His Worship Mayor Thomson received indication that the applicant, Mr. Robert James Craig, 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. Aldermen Feren and Orr vacated Council Chambers. -4- 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 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. Ms. Helen Rainnie, 4330 Ferguson Street, expressed the concern that the whole area of Ferguson Street would be rezoned tourism without public input and requested further information on the City's long -range plans for the area. The Director of Planning and Development explained that an entire area could not be re -zoned without changes to the City's Official Plan. He further advised that any resident could view the City's Official Plan, the Zoning By -law and what areas of the City were to be zoned Residential or Tourist. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 26/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD- 2002 -74 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 28/2002, 5685 Ferry Street 5660 Spring Street; Applicant: John Pinter; Agent: Michael Allen; Proposed Motel Conversion. The report recommends that Council approve the Zoning By -law amendment application to permit the conversion of the existing building at 5685 Ferry Street into a motel and that the associated zone change from R2 to P of the lands known as 5660 Spring Street to be used to supply a portion of the required parking for the motel. -AND Communication No. 133 Mr. Alan Cupolo, P.O. Box 101, Thorold, Ontario. The communication requests that a full survey be prepared on the property and that an 8 -foot privacy fence be erected along the property line, specifically the parking area on Parcel 2. The communication questions whether there will be enough parking spaces and where the employees will park; and questions how this 35 -unit motel will affect the sewer systems and the water pressure in the immediate area. -AND Communication No. 134 Regional Niagara, Public Works Department, Operational Support Services. The communication advises as having no objection to the Zoning By- law Amendment 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 to Regulations by prepaid first class mail on July 12, 2002. His Worship Mayor Thomson received indication that Mr. Michael Allen, was in attendance on behalf of the applicant, and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. -5- 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. 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. Mr. Michael Allen advised that the report recommends a 15 -foot landscaping strip along Spring Street and requested that consideration be given to a 10 -foot buffer strip along Spring Street. The Director of Planning and Development advised that the provision of a 15 -foot landscaping strip would provide a more consistent streetscape with the surrounding neighbours. Mr. Allen responded to questions raised with respect to bus traffic in the residential area and advised that this was a unique "boutique hotel" development which was not designed for buses and would not be catering to the bus clientele; he further advised that due to the building design, vehicles would be driving through the building to access the back parking lot. He stated that his client would be agreeable to a 10 foot board fence along the mutual property line of the landowner to the east. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 28/2002, closed. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo, that the report be amended to include that a 10 -foot buffer strip along Spring Street be provided. Carried Unanimously. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. PD- 2002 -75 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 24/2002, Bridgewater Street and Main Street; Applicant: K. Dianne Chopp; Proposed Bed Breakfast Accommodation. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to permit a proposed dwelling to be used as a tourist home (bed and breakfast) containing not more than two rooms for tourists; 2. That the site specific provisions detailed in this report be incorporated in the amending by -law. 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 to Regulations by prepaid first class mail on July 12, 2002. His Worship Mayor Thomson received indication that the applicant, Mrs. Dianne Chopp 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. -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 Proposal; The Planning Review; advised that frontage access only be permitted from Main Street; reviewed the side yard setbacks from Main Street and Bridgewater Street and indicated that in order to accommodate the increased side yard setbacks the front yard setback should be decreased to 18 feet and the rear yard setback should be reduced to 10 feet. He advised that staff had no concerns with permitting the use on these lands and 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. Paul Krowchuk, Solicitor, in attendance on behalf of Ms. Teri Salvador, previous owner of the severed the property, expressed concerns regarding the public notification process; the definition of "a change of use" and the dezoning and rezoning of the property within a year. The Director of Planning and Development provided clarification on the definition of "change of use advised that by virtue of the zoning by -law the shortest lot line becomes frontage; a 6 feet sideyard is all that is required under the zoning by -law; staff is suggesting a 10 foot sideyard setback and staff is trying to ensure that the development conforms to a building envelope consistent with the neighborhood streetscape. Ms. Teri Salvador, 3552 Bridgewater Street advised that she had complied with the Committee of Adjustment's requirements in order to sever her property that the severed portion would have to be "de- zoned she expressed concerns regarding the inappropriateness of the notice; the long -term effects and how this development would impact on her property; she further indicated that she had been of the opinion that the backyard had a 25 -foot setback from her property line and she had severed the lot based on that information. Mr. Walter Schoustal, 3554 Bridgewater Street expressed his opposition to the proposed application and converting residential properties to commercial properties. Mr. Carmen Lanni, 7909 Sara Street expressed his opposition to the development of another Bed Breakfast in the area. The Director of Planning and Development provided clarification on the City's policies with respect to the Bed and Breakfast criteria. Ms. Dianne Chopp, advised that the property had originally been zoned for a Bed and Breakfast, and when it was severed, it reverted back to a Residential zoning. She commented that this home would not be invasive on the community and that it would fit in with the neighbourhood and requested that Council approve the Bed Breakfast application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 24/2002, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the matter be deferred in order to obtain further information on the proposed setbacks; the de- zoning issues and the proposed use. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. -7- Alderman loannoni vacated Council Chambers. His Worship Mayor Thomson declared a conflict of interest on the following Application and relinquished the Chair. Alderman Victor Pietrangelo assumed the Chair. PD- 2002 -78 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 2412001, 5200 Robinson Street; Applicant: 656508 Ontario Limited; Agent: Donald F. May, Consulting Planner; Proposed Skylon Hotels. The report recommends the following: 1. That Council approve the Zoning By -law amendment application for 5200 Robinson Street to permit: (a) a 25- storey hotel on land located on the north side of the existing Skylon Tower; (b) a 24- storey hotel on land located on the south side of the existing Skylon Tower; 2. That the additional setbacks, reductions in massing and building design improvements offered by the developer be incorporated into the provisions of the implementing zoning by -laws; 3. That Section 37 agreement be executed and registered on title prior to the passing of the amending zoning by -laws. AND Communication No. 135 The Niagara Parks Commission. The communication expresses several concerns regarding receipt of the Peer Review Report; Access and traffic for development; the number of parking spaces and traffic and pedestrian movements and safety along Murray Hill. AND Communication No. 136 Donald F. May. The communication responds to the comments and concerns made by The Niagara Parks Commission. -AND Communication No. 137 Aird Berlis, on behalf of Canadian Niagara Hotels Inc. The communication expresses concerns that the Skylon proposal creates privacy concerns for its development due to location of windows and overlook; the provision of information with respect to the environmental impacts of shadowing and wind effects to the Canadian Niagara Hotel proposal at both the pedestrian level and on proposed above -grade amenity areas such as outdoor pools; and the absence of the completion of a comprehensive Streetscape Master Plan for the area. -AND Communication No. 138 -The Niagara Parks Commission. The communication advises that the Niagara Parks Commission has no objections to Zoning By -law Amendment Application, but reiterates that access to the Niagara Parkway from Murray Hill may not be available in the future. Acting Mayor Alderman Victor Pietrangelo declared the Public Meeting open and read the procedure to be followed under the Planning Act. -8- The City Clerk advised that the Notice of the Public Meeting had been given in accordance to Regulations by prepaid first class mail on July 12, 2002. Acting Mayor Alderman Pietrangelo received indication that Mr. Donald F. May, Planner, 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. Acting Mayor Alderman Pietrangelo advised that failure to make oral or written submissions at the Council meeting could result in the dismissal fo 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 advised that Planning staff were recommending approval of the proposed application, incorporating the additional improvements being suggested by the developer and that the matters dealing with the public realm improvements be secured through the site plan agreement. There was a negative response to Acting Mayor Alderman Pietrangelo'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. Gordon Chow, V.P. Canadian Niagara Hotels Inc. reviewed the correspondence as submitted by Jane Pepino, Aird Berlis which stated that the Skylon proposal creates privacy concerns for its development due to location of windows and the overlook; the possible environmental impacts of shadowing and wind on the Canadian Niagara Hotel proposal at both the pedestrian level and on proposed above -grade amenity areas such as outdoor pools; and due to the absence of the completion of a comprehensive Streetscape Master Plan for the area, "the continuous publicly accessible landscaped trail" to be created along the top of the escarpment from Clifton Hill to the southern end of Fallsview, cannot be identified at this time and therefore any decision on the final location of the proposed Skylon development was premature. Mr. Chow further stated, that it was the Canadian Niagara Hotel's position that this application does not comply with the direction of the Official Plan, unless the building is moved further to the west, or otherwise reconfigured, so as to maintain the views from the Skylon's property, mitigate against the other impacts and provide flexibility for the location of the landscaped trail; and requests that should Council approve the by -law, that they be provided with a copy. In response to questions raised, the Director of Planning and Development advised that all the requested information was now available; he referred to the integration of the escarpment trail; the Streetscape Master Plan and advised that Mr. May would be addressing the location, size and mass of the project. Mr. Donald May commented that the recommendation report had been reviewed and that they were in agreement with the report. He referred to the City's Official Plan policy that deals with site specific zoning approvals; referred to set back requirements and the pedestrian link. He introduced Mr. Mark Feldman, Petroff Partnership Architects, who provided a brief overview of the proposed site location; the size and mass of the development. -9- Mr. May expressed the view that the Official Plan did not state that every hotel would have an unobstructed view of both Falls and referred to Section 4.4.5 of OPA #26 which referred to General Views in the area. He advised that Wind Impact; Shadow Studies; the Peer Review and Streetscape Master Plan have been prepared. He further advised that an agreement with the City stated "that should the south hotel be built first, the moraine trail would be built right across to the Niagara Hotels site he further indicated this would also provide for retail outlets along Murray Street; for wide sidewalks and for a public escalator from Murray Street to the top of the parking structure, which would open concurrently with the casino project. Mr. Jim Brown, 3404 Shepherd Avenue, expressed the opinion that he was in favour of any pedestrian link connecting the Casino to Robinson Street as part of the natural moraine. Since no further comments were forthcoming, Acting Mayor Alderman Victor Pietrangelo, declared the Public Meeting with regard to AM- 24/2001 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. His Worship Mayor Thomson resumed the Chair. PD- 2002 -82 Recommendation Report; Garner Estates Phase 4; Draft Plan of Subdivision 26T- 11- 2002 -04 (Revised) Zoning By -law Amendment Application AM- 27/2002; Owner: River Realty Development (1976) Inc. The report recommends the following: 1. That the Garner Estates Phase 4 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That the draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; 4. That the application to amend the Zoning By -law be approved to provide the necessary land use regulations to guide the development of the subdivision, 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 to Regulations by prepaid first class mail on July 19, 2002. His Worship Mayor Thomson received indication that Mr. John Mestek 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. -10- 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 advised that planning staff were recommending approval of the land use based on the 24 Conditions for Draft Plan 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. Anthony Vacca, Solicitor, was in attendance on behalf of his parents -in -law, Mr. Joseph and Phyllis Fautino, 6916 Garner Road, and read a statement prepared by Mr. Mrs. Fautino, advising that they were in support of the application but were not in agreement with the present plan; stated that approval of the proposed development would have a drastic impact on Mr. Fautino's development plans and requested that Council defer the matter in order that a meeting be scheduled with Planning staff and the developer to discuss other options that would be mutually beneficial for a road connection to Garner Road. On the motion of Alderman Fisher, seconded by Alderman Campbell, that permission be given to go past 11 :00 p.m. Carried Unanimously. Mr. Henry Badger, Brookfield Avenue, reviewed the Garner Neighbourhood Secondary Plan and expressed concerns with respect to storm and flood water design standards and questioned where the surface water would be directed. He further indicated that due to this new development, more water would be delivered onto his property and questioned who would pay for the drainage of water from his land. The Director of Municipal Works advised that staff would be willing to discuss Mr. Badger's concerns regarding storm water management and that the matter would be re- examined with a report being prepared on the matter; he further advised that the drains would be paid by the developer through development charges or other funding mechanisms. Mr. John Lucan, on behalf of the German Village, enquired as to the timeframe for Phase V of the development and for the newly proposed roadway onto Garner Road. Mr. John Mestek indicated that the applicant was in agreement with staffs recommendation report and advised that discussions had been held with Mr. Fautino regarding the acquisition of lands and since an agreement could not be reached, the developer proceeded with the plan of subdivision. He stated that he was unable to provide a time frame for Phase V of the development, which would be dictated by market conditions. The Director of Planning and Development responded to questions raised with respect to the changes in the road plan and indicated that the road plan was changed in order to facilitate access from McGarry Road to Garner Road. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 27/2002, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the matter be deferred for further discussions on the concerns expressed. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2002 -77 Chief Administrative Officer Re: Zoning Official Plan Amendment Application; AM -01199 Heartland Forest. The report recommends the following: 1. That Council approve the Official policies on tonight's agenda pertaining to this application; 2. That staff forward the necessary Official Plan Amendment document to the Region, the approval authority for this application. -AND Communication No. 139 Jeffrey J. Wilker, Thomson Rogers, on behalf of Cytec Canada Inc. The communication advised that no private agreement between Cytec Canada Inc. and Heartland Forest Niagara (or Trinity Park Ministry Centre) has been reached; that Cytec's preference is for the continuation of industrial uses in the proximity of its plant and does not support the redesignation of this property and states that should Council approve the Special Policy Provision that the text be as set out in staffs August 2, 2002 letter and that Cytec be included in the notification process. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -83 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 0212002, 5509 Ferry Street; Proposed Expansion to the King's Inn. The report recommends that Council pass the resolution on tonight's agenda not to require further public notice with respect to a proposed expansion to the King's Inn at 5509 Ferry Street and that Council pass the amending by -law. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Resolution No. 16 See By -law No. 2002 -143 PD- 2002 -79 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Parkway Acres, 26T- 87010; Owners: RadojciclRadulovich. The report recommends that Council support a one -year extension to draft plan approval for the Parkway Acres 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 Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2002 -80 Chief Administrative Officer Re: The Promenade Draft Plan of condominium; 3300 Montrose Road, Owner: Klein Developments Limited. The report recommends the following: 1. That the Promenade Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -81 Chief Administrative Officer Re: Request for Removal of Part Lot Control; Oakwood Drive, North of McLeod Road; Lots 14 to 19, Registered Plan 228; Maryban Holdings Ltd. Commend Health Care Group. The report recommends the following: 1. That Council approve the request, and when all development issues are addressed, pass the by -law to designate Lots 14 to 19, Registered Plan 228, as exempt from Part Lot Control; 2. That the applicant be required to notify the City when the separate deeds, as described in this report, have been registered in orderforthe by -law not be repealed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES Alderman Wing requested that the Minutes of July 15, 2002 be amended to reflect that Mr. Carl Grice is involved with the Niagara Grey Hound Rescue Organization. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the Minutes of the Planning /Regular Meeting of July 15, 2002 be approved as amended. Carried Unanimously. His Worship Mayor Thomson provided information on a new business that has come to Niagara Falls, Bodycote, that is setting up a new plant for automotive component testing and Newville Candles, who have located to the former Swagelok building on Kent Avenue. Peace Vigil -12- MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson advised that a "Peace Vigil" in partnership with the Multi -faith Council will be held on September 11, 2002 at 6:30 p.m. at Firemen's Park. Mayor Thomson invited everyone to attend and participate. Justin Brown Cancer Fund His Worship Mayor Thomson advised that a fundraiser for the Justin Brown Cancer fund will be held on August 22, 2002 at Yuk Yuk's. Letter of Condolence -13- ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter of condolence be forwarded to the family of the late R.W. (Ron) Yorke. COMMUNICATIONS Communication No. 140 The Royal Canadian Legion, Branch 51- Re: Annual Parade. The communication requests permission to use the venue of Fairview Cemetery to hold their annual Parade to the Unknown Soldier at 10:30 a.m. on September 15, 2002. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. Communication No. 141 The Royal Canadian Legion, Branches No. 51, 396 and 479 Re: Proclamation. The communication requests that the week of September 15 21, 2002 be proclaimed as "Legion Week ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 142 The British Methodist Episcopal Church of Canada Re: House at 6071 Stanley Avenue. The communication requests that the house at 6071 Stanley Avenue be saved from demolition and that it be moved to another site and used as a history of Niagara Centre. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. 143 Ministry of Public Safety and Security Re: Community Emergency Management Coordinator. The communication requests that the Municipality designate someone as the Community Emergency Management Coordinator. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that Chief Patrick Burke be appointed as the Municipality's Community Emergency Management Coordinator. Carried Unanimously. Communication No. 144 Stamford Centre Volunteer Firemen's Association Re: Blues in the Park Festival. The communication requests that Council support the Stamford Centre Volunteer Firemen's Association's "Blues in the Park" festival being held on September 6 and 7 2002 at Firemen's Park. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 145 Rotary Club of Niagara Falls Re: Art by the Falls Art and Craft Show. The communication requests that Council, through resolution, designate the Art by the Falls Art Craft Show on September 13, 14 and 15, 2002 as a "Community Festival ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. See Resolution No. 19 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening, be approved: -14- 1. Adoption of the July 15, 2002 Community Services Committee Meeting Minutes; 2. Niagara Falls Public Library Re: 2002 Operating Budget Increase that the increase be approved; 3. Ontario Early Years Centre Request for 2003 Budget that this item be referred to staff for the 2003 budget discussion; 4. R- 2002 -47 The City Centennial Celebration that staff prepare a cost analysis of both options presented; 5. F- 2002 -37 2003 Budget that the Community Services Committee approve the revised 2003 schedule for budget preparation; 6. F- 2002 -48 Major Receivables Quarterly Report for the information of Community Services; 7. F- 2002 -49 Municipal Accounts that the Community Services Committee approve the Municipal Accounts totalling $4,375,483.47 for the period ending August 12, 2002; 8. MW- 2002 106 Niagara Peninsula Transportation Corridor Status Report that this report be received and filed; 9. MW- 2002 -104 Tender #3003- 118 -02 Victoria Avenue, Simcoe Street Bellevue Street Watermain Replacement that the unit prices submitted by Alfidome Construction Limited be accepted; 10. MW- 2002 -105 Tender #2002 -118 -02 Montrose Road and Kalar Road, Watermain Replacement -that the unit prices submitted by Volsci Construction Co. Inc. be accepted subject to approval of cost sharing agreements with each benefitting property owner; 11. MW- 2002 -108- Main Street Closure Environmental Assessment Update that staff meet with the Main Street Fallsview BIA's to discuss improvements to Main Street changes; 12. MW- 2002 -101 Grass Cutting within the City of Niagara Falls that the information be received and further that staff report back after the meeting with the other agencies; 13. R- 2002 -48 Response to Ice User Group Concern on Loss of Ice Time Due to Tournaments that this report be received and that staff be directed to undertake a more detailed review of ice hours and that all major ice users be required to submit a full list of registrations. The motion Carried with Alderman Wing voting contrary to the motion dealing with Report MW- 2002 -108 and Report R- 2002 -48 and Alderman Craitor voting contrary to the motion dealing with R- 2002 -48 and of Ice Users having to provide names and addresses. See By -law No. 2002 -145 See By -law No. 2002 -146 RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS MW- 2002 107 Chairperson, Municipal Parking Traffic Committee Recommendations, July 30, 2002 Meeting. -15- 1. MW- 2002 -76 Maplewood Avenue Glengate Street Parking Review It is recommended that no changes be made to the current parking control on: 1. Maplewood Avenue between the east leg of Glengate Street and the west leg of Glengate Street; 2. Glengate Street between the east leg of Maplewood Avenue and Drummond Road; 2. MW- 2002 -80 Third Avenue Parking Review 1. That a "residential Permit Parking" system be implemented on the east side of Third Avenue from a point 58m south of Hamilton Street to a point 67m south of Hamilton Street; 2. That the need for a permit be re- evaluated on an annual basis; 3. MW- 2002 -81 Regan Drive. Intersection Control Review 1. That a yield sign be installed on the west approach of Galt Crescent at Regan Drive facing eastbound motorists; 2. That a "no exit" sign be installed at the entrance to Galt Crescent from Regan Drive; 3. That a yield sign be installed on the west approach at the north intersection of Tramore Crescent at Regan Drive facing eastbound motorists; 4. MW- 2002 -82 Collins Drive Joyce Avenue. Intersection Control 1. That an all -way stop control not be installed at the intersection of Collins Drive and Joyce Avenue; 2. That a stop sign be installed on the south approach of Joyce Avenue at Collins Drive facing northbound motorists. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By -law 2002 -140 FS- 2002 -13 Chief Administrative Officer Purchase for Fire Department Small Fleet; Two 4 -Wheel Drive Command Vehicles and One Fire Prevention Vehicle; Tender #12 -2002. The report recommends that Council authorize the purchase of two Command vehicles from Ed Learn Ford Sales, St. Catharines and one Fire Prevention /Public Education vehicle from Autoland Chrysler at a total cost of $109,238.50 plus taxes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PMP- 2002 -02 Chief Administrative Officer People Mover Project; Stated Preference Survey. The report recommends that Council engage Ipsos Reid to undertake a stated preference survey in connection with the People Mover Project, at the sole expense of Falls Management Company "FMC ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L- 2002 -35 Chief Administrative Officer Lands Northwest Quadrant Stanley Avenue ingress and egress access. The report recommends the following: -16- 1 That Council authorize that 1049491 Ontario Inc., the owner of the lands abutting Parts 1, 2 and 3 on Reference Plan 59R -7014, as shown on Appendix "1" attached be granted the right of ingress and egress over the said Parts 1, 2 and 3, Reference Plan 59R -7014 and that the lands be declared surplus and transferred to the Regional Municipality of Niagara, for nominal consideration and dedicated as part of a public highway; 2. Part 2 on Reference Plan 59R -6850, as shown on Appendix "2" attached, be declared surplus and sold to 1049491 Ontario Inc., the abutting owner, for nominal consideration subject to an easement in favour of the City of Niagara Falls for the maintenance, repair and replacement of the existing sanitary sewer located in the said Part 2, Reference Plan 59R -6850. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be adopted as amended. Carried Unanimously. See Resolution No. 19 L- 2002 -37 Chief Administrative Officer Re: Consent for Application to amend the Register to Clear Cloud on Title 4480 Bridge Street. The report recommends that Council authorize execution of a Consent for an Application to Amend the Register to clear a cloud on title to the property located at 4480 Bridge Street. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2002 -38 Chief Administrative Officer Re: Release of Site Plan Agreements; 6393 6400 Huggins Street. The report recommends that Council authorize the release of two Site Plan Agreements registered on title to properties known municipally as 6393 Huggins Street and 6400 Huggins Street, respectively, and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the agreements, at no cost to the City. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that the report be received and adopted. Carried Unanimously. L- 2002 -39 Chief Administrative Officer Re: Release of Site Plan Agreement; 8625 Lundy's Lane KOA Limited. The report recommends that Council authorize the release of a Site Plan Agreement registered on title to the property known municipally as 8625 Lundy's Lane, and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the agreement, at no cost to the City. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. L- 2002 -40 Chief Administrative Officer Re: Dedication of Public Highway; Part 7 on Draft Reference Plan as Beechwood Road. The report recommends that Council authorize the release of a Site Plan Agreement registered on title to the property known municipally as 8625 Lundy's Lane, and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the agreement, at no cost to the City. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -138 L-2002-41 Chief Administrative Officer Re: Establishment of Public Highway; Parts 7, 35 and 36 on 59R -11579 as part of Domenic Crescent. The report recommends that a road widening, being Parts 7, 35 36 on Reference Plan 59R- 11579, be established as a public highway, to be known as Domenic Crescent. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -142 -17- RESOLUTIONS NO. 16 PIETRANGELO FISHER RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by -law for Application AM- 02/2002 (King's Inn Motor Lodge (Niagara) Limited, regarding a proposed expansion to the King's Inn at 5509 Ferry Street) are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 17 PIETRANGELO FISHER WHEREAS Fire Fighters throughout North America have traditionally held "Boot Drives" in support of the Muscular Dystrophy Association; and WHEREAS Niagara Falls Fire Fighters used to hold their Boot Drive at "Five Corners" over Labour Day weekend; and WHEREAS the introduction of the Provincial Safe Streets Act has placed undue restrictions on Boot Drives; and WHEREAS funds raised by Boot Drives have decreased since the introduction of the Safe Streets Act; and WHEREAS the intent of the Safe Streets Act was to deal with "Squeegee Kids" and panhandlers not to penalize worthy charitable endeavours; and WHEREAS other municipalities have passed resolutions supporting their Fire Fighters efforts during the annual Boot Drive for Muscular Dystrophy; and WHEREAS Niagara Falls Fire Fighters would like to resume their Boot Drive at Five Corners this Labour Day weekend. THEREFORE BE IT RESOLVED that Niagara Falls City Council support the fundraising efforts of the Niagara Falls Fire Fighters during this year's Boot Drive at Five Corners; and FURTHER BE IT RESOLVED that the Niagara Falls Fire Fighters exercise discretion and inform the vehicular public that donations are strictly voluntary; and FURTHER BE IT RESOLVED that the Niagara Regional Police exercise discretion in enforcing the Safe Streets Act. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 18 PIETRANGELO FISHER WHEREAS the Corporation of the City of Niagara Falls granted 1049491 Ontario Inc. an option to purchase Parts 1, 2 and 3 on Reference Plan 59R -6850 being lands at northwest quadrant of Stanley Avenue and Swayze Drive for $200,000.00; AND WHEREAS the option was exercised; AND WHEREAS City Staff realized that it could not sell Part 2 on Reference Plan 59R -6850 at that time because of the need to maintain the existing 60" diameter sanitary sewer. However, the City granted an easement over Part 2 on Reference Plan 59R -6850 to 1049491 Ontario Inc.; AND WHEREAS 1049491 Ontario Inc. agreed to amend the option to exclude Part 2 but did not receive an abatement in the purchase price; AND WHEREAS 1049491 Ontario Inc. has now requested the conveyance of Part 2 for nominal consideration. THEREFORE BE IT RESOLVED THAT 1049491 Ontario Inc. be granted Part 2 on Reference Plan 59R -6850 subject to an easement in favour of the Corporation of the City of Niagara Falls for nominal consideration; AND FURTHER THAT this resolution shall constitute notice of the proposed sale to the public. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 19 PIETRANGELO FISHER BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 13, 14 and 15, 2002 and designates the event as a "Community Festival" in Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the actions taken in Committee -of- the -Whole earlier this evening, be approved: 1. That the City Solicitor be authorized to appeal the recent court decision in the Lighthouse Niagara Resource Centre, Niagara Falls regarding a Zoning By -law interpretation; -18- 2. That an Offer to Purchase from 527786 Ontario Limited carrying on business as Metro Development in the amount of $19,500 for Part 1, on Reference Plan 59R- 11691, as set out in Appendix "I" be accepted. BY -LAWS Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -138 A by -law to establish part 7 on a draft Reference Plan, as a public highway, to be known as and to form part of Beechwood Road, 2002 -139 A by -law to amend By -law No. 2002 -081 being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002 -140 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) 2002 -141 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2002 -142 A by -law to establish Parts 7, 35 and 36 on Plan 59R- 11579, as a public highway, to be known as and to form part of Domenic Crescent. 2002 -143 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 02/2002, King's Inn Motor Lodge (Niagara) Ltd. 2002 -144 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 19/2002, Christopher Johns) 2002 -145 A by -law to authorize monies for General Purposes (August 12, 2002) 2002 -146 A by -law to amend By -law No. 2002 -104, as amended, being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2002. 2002 -147 A by -law to authorize the execution of an agreement with Orsini Bros. Inns Inc. respecting a deferment of payment of development charges. 2002 -148 A by -law to amend By -law No. 79 -200, as amended. (Re: Niagara Princess Hotels, AM- 03/2002 McGrail Centre St.) 2002 -149 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of August, 2002. The motion Carried with Aldermen Craitor and Federow abstaining from the vote on By -law No. 2002 -145 on conflicts previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the following by -laws be now read a second and third time: 2002 -138 A by -law to establish part 7 on a draft Reference Plan, as a public highway, to be known as and to form part of Beechwood Road, 2002 -139 A by -law to amend By -law No. 2002 -081 being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municiPal laws. -19- 2002 -140 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs) 2002 -141 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2002 -142 A by -law to establish Parts 7, 35 and 36 on Plan 59R- 11579, as a public highway, to be known as and to form part of Domenic Crescent. 2002 -143 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 02/2002, King's Inn Motor Lodge (Niagara) Ltd. 2002 -144 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 19/2002, Christopher Johns) 2002 -145 A by -law to authorize monies for General Purposes (August 12, 2002) 2002 -146 A by -law to amend By -law No. 2002 -104, as amended, being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2002. 2002 -147 A by -law to authorize the execution of an agreement with Orsini Bros. Inns Inc. respecting a deferment of payment of development charges. 2002 -148 A by -law to amend By -law No. 79 -200, as amended. (Re: Niagara Princess Hotels, AM- 03/2002 McGrail Centre St.) 2002 -149 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of August, 2002. The motion Carried with Aldermen Craitor and Federow abstaining from the vote on By -law No. 2002 -145 on conflicts previously noted and with all others voting in favour. NEW BUSINESS 4 Annual Bigga Tomatafest Alderman Paisley Janvary-Pool provided information on the upcoming 4 Annual Bigga Tomatafest being held on August 16 and August 18 2002, with a kick -off dinner dance on Friday, August 16, 2002 at Club Italia and extended an invitation to the community to attend the festivities. Terry Fox Run Alderman Janice Wing reminded Council of the Terry Fox Run, being held on September 15 2002. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, J DEAN IORFI A, CITY CLERK WAYNE THOMSON, MAYOR