C O U N C I L M I N U T E S

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1 C O U N C I L M I N U T E EVENTEENTH MEETING, REGULAR, MONDAY, MAY 17, 2004 Present: Officials Present: Mayor Timothy H. Rigby Councillor Carol Disher Councillor Dawn Dodge Councillor Cameron Donevan Councillor Brian Dorsey Councillor usan Erskine Councillor Charles Gervais Councillor Joseph Kushner Councillor heila Morra Councillor Peter ecord Councillor Jennifer tevens Councillor Greg Washuta Councillor Bruce Williamson Chief Administrative Officer, Mr. B. Robert Puhach Director of Corporate upport ervices, Mr. Kenneth R. Todd Director of Recreation and Community ervices, Mr. Ron Zizman Director of Transportation and Environmental ervices, Mr. Paul Mustard Director of Financial Management ervices, Mr. Colin Briggs Director of Economic Development and Tourism ervices, Mr. Brock Dickinson Director of Planning ervices, Mr. John Rodey Assistant City olicitor, Mr. Denis quires Assistant Fire Chief (Operations), Mr. Daryl Whiteley Committee ecretary, Ms. Diane Alexander Mayor Timothy H. Rigby took the chair and called the meeting to order in Council Chambers, City Hall, at six-thirty o'clock p.m. INVOCATION The meeting convened with an invocation by Councillor Erskine. CONFIRMATION OF MINUTE ITEM NO. 205 MOVED BY COUNCILLOR ERKINE: That the Minutes of the ixteenth Meeting, Regular, of City Council held on Monday, May 10, 2004, copies having been distributed to all members, be hereby approved. MAYOR REPORT

2 - 2 - Council ITEM NO. 206 Mayor s Report File: Mayor Timothy H. Rigby presented a verbal report on matters of community interest. PUBLIC MEETING ITEM NO. 207 Application to Amend the Official Plan and Zoning By-law (Zone 7) To Implement Reclaiming Ground - mart Growth tudy Hartzel Road - Merritton Area (Pursuant to General Committee Minutes, April 19, 2004, Item Number 242) (COPY ATTACHED) Files: , , Vol.2 Mr. John Rodey, Director of Planning ervices, at the Mayor s request, presented a description of the application. The Mayor then invited members of the public who wished to speak in opposition to the application to come forward. The following persons addressed City Council in opposition to the application: Mr. Tom Richardson, ullivan, Mahoney, 40 Queen treet, t. Catharines, Ontario, L2R 6Z2; Mr. Michael Wilkinson, 10 Ball Avenue West, t. Catharines, Ontario; Mr. Norman Boucock, t. Catharines, Ontario; Mr. Roger Reimer, 11 Ball Avenue West, t. Catharines, Ontario; Mr. Jim Tkachuk, 9 Brookdale Avenue, t. Catharines, Ontario, L2T 2T2. Their comments are summarized below. The residents are strongly opposed to having their land being rezoned to Major Open pace. For many years the properties on Ball Avenue West were zoned Industrial and residential properties were allowed to stay there. The speakers expressed concern about not being permitted to expand their properties due to the fact that the City will not issue building permits for expansion. There are deficiencies on some of the properties due to the City s imposed moratorium on upgrades in the area. The septic systems that are in place are currently adequate and would be competent to service any additions to their homes. Ball Avenue West is a public road. It has been reconstructed by the Town of Merritton and also by the City. Fire trucks have travelled on Ball Avenue West in the past and the road is currently safe to handle all emergency vehicles. The value of the homes on Ball Avenue West will decrease with the Major Open pace designation. Residents are concerned that Council will make a hasty decision to rezone their lands. Many residents have lived on Ball Avenue West for a long period of time and have spent a lot of money on their homes.

3 - 3 - Council The residents of Ball Avenue West would like further consultations with staff on this matter to discuss different options. Residents were not notified when the City changed the designation of their lands. In 1975 the City notified the owners of properties on Ball Avenue West that the sewers had to brought up to standard. ome of the homes at this time were hooked up to the watermain and sewer systems. A large portion of the lands in the tudy are being rezoned from Industrial to Residential, while Ball Avenue West is currently a residential area and the City is proposing to rezone it to parkland. The residents requested that Ball Avenue West be removed from the application to be rezoned Green pace; and that the properties be rezoned to residential zoning with special consideration, as suggested by Planning staff. The residents requested Council to direct staff to initiate a planning process to rezone the Ball Avenue West Neighbourhood to a site-specific zone to permit the continued use and development of the subject lands for residential purposes. The residents requested that the essential services and the road be upgraded; and that Ball Avenue West be acknowledged as a road. The Mayor then invited members of the public who wished to speak in support of the application to come forward. The following persons addressed City Council in support of the application: Mrs. Wendy Luce, Merritton Community Group, 92 Carriage Road, t. Catharines, Ontario L2I 38; Mr. Bernie lepkov, 213 t. Paul treet, t. Catharines, Ontario; Mr. Patrick Little, Heelis, Williams, Little, and Almas, 14 Church treet, t. Catharines, Ontario; Mr. Wayne Brown, Pinehust chool, 10 eymour Avenue, t. Catharines, Ontario, L2P 1A4. Their comments are summarized below. - The speakers are totally in support of the proposal. They wanted to see historic properties protected. The speakers have concerns about the.75 parking allocation for the residential areas. They believe this could lend to on-street parking and congestion. The properties on Ball Avenue West could possibly be given a heritage designation, or be addressed as a special community. The street could be a special gateway to green space. The Merritton Mills Redevelopment Corporation fully supports the recommendations by taff. City Council reconvened. MOVED BY COUNCILLOR MORRA: ECONDED BY COUNCILLOR DODGE:

4 - 4 - Council 1. Official Plan Amendment That approval be granted to amend the text of the Official Plan and chedule B Land Use Plan of the City of t. Catharines Official Plan as outlined in Appendix H Amendments to the Text and chedule B of the Official Plan ; 2. econdary Plan That approval be granted to amend the Official Plan to include a new ection 18 The Hartzel Road-Merritton Area econdary Plan as outlined in Appendix G The Hartzel Road-Merritton Area econdary Plan; 3. Zoning Amendment That approval be granted to amend By-law (Zone 7) as outlined in Appendix I Proposed Amendment to Zoning By-law (Zone 7) - Hartzel Road-Merritton Area ; and that the designation of Ball Avenue West, be deferred to give residents an opportunity to meet with taff, and that taff report back to Council; and that the designation of the former Merritton Works Yard, be deferred, for staff to report back to Council with further information; and that the Notice of Decision required by the Planning Act, R , c.p.13, as amended, be processed by the City Clerk; and further, that upon expiration of the appeal period, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the proposed zoning by-law if any appeals are received. It was then, MOVED BY COUNCILLOR KUHNER: ECONDED BY COUNCILLOR ERKINE: That the public meeting respecting an application to amend the Official Plan and Zoning By-law (Zone 7) to implement Reclaiming Ground - mart Growth tudy Hartzel Road - Merritton Area, with the exception of the deferred items respecting Ball Avenue West and the old Merritton Works Yard, be closed. The Mayor advised that the public meeting is now closed. There being no further business, the Mayor reminded those present that if they wished to receive formal notice of Council s decision on this matter they must advise the City Clerk in writing of this fact. He advised that a form letter for this purpose was included in the information package made available to the public. In the alternative, a person could send a letter directly to the Clerk s office indicating their wish to receive notice. ITEM NO. 208 Presentation by Mr. John Morrison, President, t. Catharines port + ocial Club, Re: Beach Volleyball Development

5 - 5 - Council Proposal, Portion of McGuire treet, Lower Level Parking Lot Files: , Mr. John Morrison and Ms. arah McLean advised Members of Council that the t. Catharines port + ocial Club (CC) is one of the largest clubs in Canada which offers coed sports leagues in softball, flag football, court volleyball, basketball, floor hockey and beach volleyball. The presenters stated that they propose to use a portion of the lower level parking lot as a temporary beach volleyball facility and presented an overview of the proposal which they believe would create a revitalization of the downtown area. The speakers requested the City to lease a portion of the lower level parking lot for this project. MOVED BY COUNCILLOR DODGE: ECONDED BY COUNCILLOR DONEVAN: That the presentation by Mr. John Morrison and Ms. arah McLean, t. Catharines port + ocial Club respecting a beach volleyball development proposal, be received and referred to the General Committee for consideration later in the evening. (ee General Committee Minutes,, Item Number 252.) ITEM NO. 209 Presentation by Mr. Mario Garda, Re: Request for Assignment of License Agreement for 5 Lock treet File: , COUNCILLOR KUHNER DECLARED A CONFLICT OF INTERET, (Pecuniary), to Item Number 209 of the General Committee Minutes,. Mr. Mario Garda advised Members of Council that he has recently leased the restaurant space at 5 Lock treet, which will be known as The Pier. He has requested the City to consent to a second assignment of the license for the use of the municipal lands for an outdoor patio ancillary to the restaurant operation. Mr. Garda advised that he will abide by the terms outlined in the existing agreement for the subject lands. MOVED BY COUNCILLOR ERKINE: ECONDED BY COUNCILLOR ECORD: That the request by Mr. Mario Garda for an assignment of the license agreement for municipal lands at 5 Lock treet, be received and referred to the General Committee for consideration later in the evening. (ee General Committee Minutes,, Item Number 251.) REPORT OF COMMITTEE ITEM NO. 210

6 - 6 - Council General Committee Report Re: Minutes of Meeting Held on May 10, 2004 Councillor Erskine, Vice-Chairman of the General Committee, presented the report of that Committee comprising the minutes of its meeting held on May 10, MOVED BY COUNCILLOR ERKINE: That the report and recommendations of the General Committee comprising the minutes of its meeting held on May 10, 2004, be hereby ratified and adopted ITEM NO. 211 Executive Committee Report Re: Minutes of Meeting Held on May 12, 2004 COUNCILLOR WAHUTA DECLARED A CONFLICT OF INTERET (Pecuniary) to Cheque Numbers and of the Executive Committee Minutes, May 12, COUNCILLOR DIHER DECLARED A CONFLICT OF INTERET (Pecuniary) to Cheque Numbers and of the Executive Committee Minutes, May 12, COUNCILLOR DOREY DECLARED A CONFLICT OF INTERET (Pecuniary) to Cheque Numbers , , , , and of the Executive Committee Minutes, May 12, COUNCILLOR DODGE DECLARED A CONFLICT OF INTERET (Pecuniary) to Cheque Numbers , , , , , and of the Executive Committee Minutes, May 12, Councillor Erskine, Vice-Chairman of the Executive Committee, presented the report of that Committee comprising the minutes of its meeting held on May 12, MOVED BY COUNCILLOR ERKINE: That the report and recommendations of the Executive Committee comprising the minutes of its meeting held on May 12, 2004, be hereby ratified and adopted City Council recessed at nine fifty-five o clock p.m. General Committee convened at nine fifty-six o clock p.m. and recessed at ten thirteen o clock p.m. City Council reconvened at ten fourteen o clock p.m. OTHER BUINE ITEM NO. 212 MOVED BY COUNCILLOR ERKINE:

7 - 7 - Council That Item Numbers 251 to 264 inclusive, approved FORTHWITH by the General Committee on, be hereby ratified and adopted. City Council recessed at ten fifteen o clock p.m. General Committee reconvened at ten sixteen o clock p.m. and recessed at ten forty-five o clock p.m. City Council reconvened at ten forty-five o clock p.m. BY-LAW Presentation of By-laws for First Reading ITEM NO. 213 MOVED BY COUNCILLOR KUHNER: That leave now be given to introduce the following By-laws, and that the same be now read a first time: A By-law to authorize the construction and issuing of debentures for the rehabilitation of Regional Road 50, Glenridge Avenue from Westchester Crescent to Edgedale Avenue. (Three readings - with respect to Project No. RN Capital Budget - General, July 7, 2003, Item No. 331.) File: A By-law to amend By-law No entitled "A By-law to authorize a contract with Kevin teele Landscaping & Construction Inc." (Three readings - with respect to correcting corporate name. Executive, April 14, 2004, Item No. 130.) File: A By-law to repeal By-law No entitled "A By-law to authorize a contract with Alfidome Construction Ltd." (Three readings - with respect to Project No. P Executive, April 28, 2004, Item No. 157.) File: A By-law to authorize a contract with Alfidome Construction Ltd. (Three readings - with respect to 2004 idewalk Repairs, Project No. P and 2004 idewalk pot Repairs, Project No. P Executive, April 28, 2004, Item No. 157.) File: A By-law to provide for the adoption of a Community Improvement Plan for the Downtown Queenston and the Hartzel Road - Merritton Community Improvement Areas. (Three readings - with respect to the t. Catharines Community Improvement Plan. Council, May 3, 2004, Item No. 183.) File: A By-law to authorize an Agreement with Niagara Regional Broadband Network Limited. (Three readings - with respect to a municipal access agreement for use of service corridors. Executive, May 12, 2004, Item No. 161.) File: A By-law to authorize the termination of an Agreement. (Three readings - with respect to the termination of Agreement registered as Instrument No over part of Welstead Avenue and Part Lot 22, Plan TP380. Executive, May 12, 2004, Item No. 162.) File: A By-law to assume and declare certain lands to be a highway and to be known as First treet Louth. (Three readings - with respect to assumption of road widening at 125 First treet Louth. Executive, May 12, 2004, Item No. 163.) File: A By-law to remove certain lands from part-lot control. (Three readings - with respect to Block 78 and Part of Blocks 82 and 83, Plan 30M-216 for a 31 unit street townhouse development. Executive, May 12, 2004, Item No. 164.) File:

8 - 8 - Council A By-law to remove certain lands from part-lot control. (Three readings - with respect to Lots 1 to 5 and Blocks 6 and 8, Plan 30M-326 for five quattroplexes and 2 blocks of street townhouse units. Executive, May 12, 2004, Item No. 165.) File: A By-law to authorize a License Agreement with Port Dalhousie Management Corporation. (Three readings - with respect to use of dock space at Port Dalhousie Harbour. Executive, May 12, 2004, Item No. 166.) File: A By-law to amend By-law No entitled "A By-law to appoint certain employees of the Canadian Corps of Commissionaires (Hamilton) as municipal by-law enforcement officers". (Three readings - with respect to changes in personnel. Executive, May 12, 2004, Item No. 167.) File: A By-law to authorize a License Agreement with Giovani Donatelli and pice of Life Cafe/Brasserie & Catering ervices. (Three readings - with respect to lands adjacent 12 Lock treet for an outdoor sidewalk patio. Executive, May 12, 2004, Item No. 168.) Files: , A By-law to authorize an Assignment of License Agreement from Ontario Inc., Tony Donatelli and Vince Caputo to Ontario Inc. and Mario Garda and Jimmy Giantsis, on behalf of a company to be incorporated. (Three readings - with respect to the lands abutting 5 Lock treet. General,, Item No. 251.) File: A By-law to deem a certain registered plan of subdivision not to be a registered plan of subdivision for the purposes of ection 50, subsection 3 of the Planning Act, R..O (Three readings - with respect to Part of Blocks C and D and part of Pembroke treet and eaway Avenue, Plan 112, known as 41 Broadway Avenue. General,, Item No. 256.) File: A By-law to authorize a license agreement with CC Inc. o/a t. Catharines ports + ocial Club. (Three readings - with respect to a beach volleyball facility at McGuire treet and The Parkway. General Committee,, Item No. 252.) Files: , , A By-law to authorize the purchase of certain lands from Ontario Heritage Foundation. (Three readings - with respect to Part 2 on Reference Plan 30R for the Bruce Trail ystem. General Committee,, Item No. 262.) File: A By-law to confirm the proceedings and decisions of the Council of The Corporation of the City of t. Catharines at its meeting held on the 17th day of May, (Three readings - with respect to the ratification and adoption of City Council Minutes dated May 10, 2004, General Committee dated May 10, 2004, and Executive Committee dated May 12, 2004.) File: Presentation of By-laws for econd and Third Reading ITEM NO. 214 MOVED BY COUNCILLOR KUHNER: That the following By-laws, having been read a first time and considered, be now read a second and third time and do pass and that the Mayor and the Clerk do sign and seal the same any rule

9 - 9 - Council of Council to the contrary notwithstanding: By-law No A By-law to authorize the construction and issuing of debentures for the rehabilitation of Regional Road 50, Glenridge Avenue from Westchester Crescent to Edgedale Avenue. (Three readings - with respect to Project No. RN Capital Budget - General, July 7, 2003, Item No. 331.) File: By-law No A By-law to amend By-law No entitled "A By-law to authorize a contract with Kevin teele Landscaping & Construction Inc." (Three readings - with respect to correcting corporate name. Executive, April 14, 2004, Item No. 130.) File: By-law No A By-law to repeal By-law No entitled "A By-law to authorize a contract with Alfidome Construction Ltd." (Three readings - with respect to Project No. P Executive, April 28, 2004, Item No. 157.) File: By-law No A By-law to authorize a contract with Alfidome Construction Ltd. (Three readings - with respect to 2004 idewalk Repairs, Project No. P and 2004 idewalk pot Repairs, Project No. P Executive, April 28, 2004, Item No. 157.) File: By-law No A By-law to provide for the adoption of a Community Improvement Plan for the Downtown Queenston and the Hartzel Road - Merritton Community Improvement Areas. (Three readings - with respect to the t. Catharines Community Improvement Plan. Council, May 3, 2004, Item No. 183.) File: By-law No A By-law to authorize an Agreement with Niagara Regional Broadband Network Limited. (Three readings - with respect to a municipal access agreement for use of service corridors. Executive, May 12, 2004, Item No. 161.) File: By-law No A By-law to authorize the termination of an Agreement. (Three readings - with respect to the termination of Agreement registered as Instrument No over part of Welstead Avenue and Part Lot 22, Plan TP380. Executive, May 12, 2004, Item No. 162.) File: By-law No A By-law to assume and declare certain lands to be a highway and to be known as First treet Louth. (Three readings - with respect to assumption of road widening at 125 First treet Louth. Executive, May 12, 2004, Item No. 163.) File: By-law No A By-law to remove certain lands from part-lot control. (Three readings - with respect to Block 78 and Part of Blocks 82 and 83, Plan 30M-216 for a 31 unit street townhouse development. Executive, May 12, 2004, Item No. 164.) File: By-law No A By-law to remove certain lands from part-lot control. (Three readings - with respect to Lots 1 to 5 and Blocks 6 and 8, Plan 30M-326 for five quattroplexes and 2 blocks of street townhouse units. Executive, May 12, 2004, Item No. 165.) File: By-law No A By-law to authorize a License Agreement with Port Dalhousie Management Corporation. (Three readings - with respect to use of dock space at Port Dalhousie Harbour. Executive, May 12, 2004, Item No.

10 Council 166.) File: By-law No A By-law to amend By-law No entitled "A By-law to appoint certain employees of the Canadian Corps of Commissionaires (Hamilton) as municipal by-law enforcement officers". (Three readings - with respect to changes in personnel. Executive, May 12, 2004, Item No. 167.) File: By-law No A By-law to authorize a License Agreement with Giovani Donatelli and pice of Life Cafe/Brasserie & Catering ervices. (Three readings - with respect to lands adjacent 12 Lock treet for an outdoor sidewalk patio. Executive, May 12, 2004, Item No. 168.) Files: , By-law No A By-law to authorize an Assignment of License Agreement from Ontario Inc., Tony Donatelli and Vince Caputo to Ontario Inc. and Mario Garda and Jimmy Giantsis, on behalf of a company to be incorporated. (Three readings - with respect to the lands abutting 5 Lock treet. General,, Item No. 251.) File: By-law No A By-law to deem a certain registered plan of subdivision not to be a registered plan of subdivision for the purposes of ection 50, subsection 3 of the Planning Act, R..O (Three readings - with respect to Part of Blocks C and D and part of Pembroke treet and eaway Avenue, Plan 112, known as 41 Broadway Avenue. General, Monday,, Item No. 256.) File: By-law No A By-law to authorize a license agreement with CC Inc. o/a t. Catharines ports + ocial Club. (Three readings - with respect to a beach volleyball facility at McGuire treet and The Parkway. General, May 17, 2004, Item Number 252.) Files: , , By-law No A By-law to authorize the purchase of certain lands from Ontario Heritage Foundation. (Three readings - with respect to Part 2 on Reference Plan 30R for the Bruce Trail ystem. General,, Item Number 262.) File: By-law No A By-law to confirm the proceedings and decisions of the Council of The Corporation of the City of t. Catharines at its meeting held on the 17th day of May, (Three readings - with respect to the ratification and adoption of City Council Minutes dated May 10, 2004, General Committee dated May 10, 2004, and Executive Committee dated May 12, 2004.) File: Presentation of Additional By-law for First Reading ITEM NO. 215 MOVED BY COUNCILLOR KUHNER:

11 Council That leave now be given to introduce the following By-law, and that the same be now read a first time: A By-law to authorize a contract with Gordon Wright Electric Limited. (Three readings - with respect to the Jack Gatecliff Arena Heating Upgrade - Electrical Phase 2, Project No. P General,, Item No. 257.) File: Presentation of Additional By-law for econd and Third Reading ITEM NO. 216 MOVED BY COUNCILLOR KUHNER: That the following By-law, having been read a first time and considered, be now read a second and third time and do pass and that the Mayor and the Clerk do sign and seal the same any rule of Council to the contrary notwithstanding: By-law No A By-law to authorize a contract with Gordon Wright Electric Limited. (Three readings - with respect to the Jack Gatecliff Arena Heating Upgrade - Electrical Phase 2, Project No. P General, May 17, 2004, Item No. 257.) File: ADJOURNMENT ITEM NO. 217 MOVED BY COUNCILLOR MORRA: ECONDED BY COUNCILLOR DODGE: That this meeting do now adjourn. There being no further business, the meeting adjourned at ten forty-nine o clock p.m. Certified Correct: Confirmed By:

12 Council City Clerk Mayor