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2003/12/08TWENTY- SECOND MEETING PLANNING MEETING Council Chambers December 8, 2003 Council met on Monday, December 8, 2003 at 6:00 p.m. for the purpose of considering Planning matters. All members of Council, were present. Alderman Victor Pietrangelo offered the Opening Prayer. 0 Canada Prior to dealing with further Council matters, His Worship Mayor Salci introduced Ms. Joanne Brown, a life -long resident of Niagara Falls and member of the Christ Church Choir who sang the National Anthem. His Worship Mayor Salci welcomed the newly elected Aldermen to Council. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a conflict of interest on the Deputation dealing with Project Red Ribbon 2003 because the District School Board of Niagara is his employer; and indicated a pecuniary interest on Report F- 2003 -55, Cheque No. 279797 because he is the recipient. Alderman loannoni indicated a pecuniary interest on Report F- 2003 -55, Cheque No. 279896 because she is the recipient. Alderman Kerrio indicated a pecuniary interest on Report PD- 2003 -112, because the applicant is his landlord; and indicated a pecuniary interest on the matter dealing with an offer to purchase the Falls Industrial Park, from an "In Camera" meeting, because he owns property in the Industrial Park. Alderman Morocco indicated a pecuniary interest on Report F- 2003 -55, Cheque Nos. 279979; 279978; 279977 because she and family members were recipients; and on Cheque No. 279997 because she has a contract of employment. Alderman Pietrangelo indicated a pecuniary interest on Report R- 2003 -82, because the Niagara Catholic District School Board is his employer. Alderman Volpatti indicated a pecuniary interest on Report F- 2003 -55, Cheque No. 278150 because she is the recipient. Alderman Wing indicated a pecuniary interest on Report F- 2003 -55, Cheque No. 280168 because she is the recipient; and indicated a conflict of interest on Report BBS- 214 from the Community Services Committee and on Report PD- 2003 -107 on the matter dealing with the People Mover System, because she owns property with a Parks employee. His Worship Mayor Salci indicated a pecuniary interest on Report PD- 2003 -112, because he resides in the area. T IT Project Red Ribbon 2003 Arts Culture Commission Fundraising Project Mayor's Youth Advisory Committee Doctor Appreciation Week -2- DEPUTATIONS December 8, 2003 Council Minutes Shelley Murphy and Lisa Banh, from Westlane Secondary School's Chapter of WSAID (Students Against Impaired Driving) provided information on Project Red Ribbon 2003; distributed the ribbons and requested that they be tied to all Council and City vehicles. Following the presentation, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that Council endorse the 2003 Project Red Ribbon Campaign and to encourage awareness and participation by tying red ribbons to all Council and City vehicles. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Ms. Karen Akalu, Chair and Ms. Debbie Legge, Arts Culture Commission provided information on a fundraising project: the creation of a Christmas C.D., entitled "Christmas Tapestry", in which proceeds go to the Young Family Endowment Fund. Terry Kane, Chair and Cara Hutton, Vice Chair, Mayor's Youth Advisory Committee, provided an update on the various events held to raise funds for the Skate Park, including partnering with the Ontario Early Years Centre, Niagara Falls to celebrate National Child Day on November 20, 2003 at Niagara Square, participating in the Santa Claus Parade, and the holding of a "Skate for the Skate Park" event on December 20, 2003 at the Stamford Arena. Council was requested to approve the waiving of the arena fees for the event. Inspector Lorne Lillico of the Niagara Regional Police Service expressed his appreciation and support on behalf of the Niagara Regional Police Service of the Mayor's Youth Advisory Committee and applauded their efforts in enhancing the health and well- being of our youth within the community. AND Report R- 2003 -78 Actions Stemming from the Mayor's Youth Advisory Committee Meeting of November 5, 2003. The report recommends that Council approve the Draft Terms of Reference for the Committee; that Council waive the rental fees at the Stamford arena for Saturday, December 20, 2003, for a fund raiser to support the City's Skate Park and that Council refer a request of $1,500.00 for 2004 budget deliberations. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. Dr. David Dec provided a brief update on the doctor recruitment efforts and requested that Council proclaim the week of December 8th to Decembe r 2 ?003 as Doctor Appreciation Week': His Worship Mayor Salci presented a token of appreciation to Dr. Dec for his efforts and to Ms. Vivian Yuan, a medical student from the University of Toronto, currently doing a locum with Dr. Dec. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request proclaiming the week of December 8 to December 12 2003 as Doctor Appreciation Week" be approved. Carried Unanimously. Whirlpool Bridge Closure -3- December 8, 2003 Council Minutes Mr. Ralph Sasso, owner of Dad's Diner on Bridge Street, expressed concerns and frustration regarding the detrimental effect that the CanPass, the proposed Nexus system and the winter bridge closure will have on the surrounding businesses in the Whirlpool Bridge area; he requested that consideration be given to assisting those businesses that depend on the vehicular and pedestrian traffic from the Whirlpool Bridge area. Mr. John Davidson, owner of Hamilton Travel Niagara, expressed concerns regarding the Whirlpool Bridge closure and referred to the money that had been invested by the City and business owners for local improvement efforts on the Bridge Street area; he expressed the view that with the upcoming Nexus system and the decision to eliminate pedestrian traffic, there would be an even greater reduction in bridge traffic. Mr. Frank Derasio, a resident of Niagara Falls expressed the view that he would like to have the Whirlpool Bridge remain open. Mr. Brent Gallaugher, Niagara Falls Bridge Commission, advised that the Whirlpool Bridge was to be a dedicated bridge for Nexus users through a negotiated agreement between the Federal governments of Canada and the U.S.; he commented that factors such as 9 -11, the SARS outbreak and the war in Iraq have contributed greatly to the decline in traffic and tourism. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the Mayor meet with the Niagara Liberal Caucus Leader, Mr. Walt Lastewka; Mayor Vince Anello, Niagara Falls, New York and interested parties to address the concerns of the businesses in the Whirlpool Bridge area; and that a letter be forwarded to the Niagara Falls Bridge Commission requesting that Whirlpool Bridge remain a free access bridge and not a "Nexus only" crossing. Carried. T PLANNING MATTERS His Worship Mayor Salci declared a conflict of interest previously noted; and relinquished the Chair. Alderman Wayne Campbell assumed the Chair. PD- 2003 -112 Chief Administrative Officer: Re: City- Initiated Zoning By -law Amendment Application; Oakwood Drive. The report recommends the following: 1. That Council withdraw the first component of the application to rezone the lands from Prestige Industrial (PI) to Development Holding to provide the developers the opportunity to determine their preferred land use for the property; -4- December 8, 2003 Council Minutes 2. That Council approve the second component of the zoning by -law amendment which will amend By -law No. 2002 -201, by removing Schedule C -G, thereby eliminating the potential use of the subject lands for adult entertainment parlours and body -rub parlours. -AND Communication No. 241 Ministry of Transportation. The communication advises that the ministry has no objection, in principle, to the proposed Zoning By -law Amendment Acting Mayor Alderman Campbell read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on October 21, 2003. Acting Mayor Alderman Campbell received indication that Ms. Italia Gilberti, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. Acting Mayor Alderman Campbell 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 property through the use of posted sketches; he advised that staff were recommending approval of the second component of the application, which would amend By -law No. 2002 -201 by removing the opportunity for the establishment of an adult entertainment parlour on the subject lands and that the first component of the application to rezone the lands from Prestige Industrial to Development Holding be withdrawn. There was a negative response to Acting Mayor Alderman Campbell'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. Italia Gilberti advised that her clients were in full agreement with the recommendations in the staff report. Since no further comments were forthcoming, Acting Mayor Alderman Campbell declared the Public Meeting with regard to AM- 42/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Kerrio abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. His Worship Mayor Salci resumed the Chair. Public Meeting AM- 35/2003, Zoning By -law Amendment Application; 6361 Fallsview Boulevard and Associated Off -site Lands; Applicants: 876891 Ontario Limited; 1140464 Ontario Inc., and 1229142 Ontario Inc; Agent: Peter Smith, Proposed Expansion to the Hilton Hotel. -5- December 8, 2003 Council Minutes -AND Communication No. 242 Mr. Stephen H. Diamond, McCarthy Tetrault. The communication requests that the public meeting be deferred to the January 19, 2004 in order that currently outstanding issues can be resolved. His Worship Mayor Salci received indication that Mr. John Inglis and Mr. Peter Smith were in attendance on behalf of the applicant. Mr. Inglis advised that the requested deferral was to further work with staff and to refine the project. He introduced Mr. Peter Smith, Planner, who provided a brief overview of the process to date. Mr. Brian Duxbury, Solicitor, was in attendance on behalf of the Yerich family, he advised of the significance of the application to his client and to the issues of the integrity and continuity of the skyline, the significance of the application in relation to the Official Plan policies and the issues of massing and height. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be deferred. Carried Unanimously. PD- 2003 -111 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 36/2003, 6350 Dorchester Road; Applicant: Angelo Butera; Agent: Michael Allen, Architect; Proposed Conversion of a Long -Term Care Facility to an Apartment Building. The report recommends that Council approve the revised Zoning By- law amendment application to convert the former long -term care facility at 6350 Dorchester Road to a 45 -unit apartment building. AND Communications No. 243a)- Rita Hachey, 6278 Dorchester Road. The communication expresses opposition to the proposed amendment. Communication No. 243b) Resident at 6333 Dorchester Road. The communication expresses opposition to the proposed amendment. Communication No. 243c) Monica D'Amico, 7022 Coach Drive. The communication expresses opposition to the proposed development. Communication No. 243d) Dennis A. Goldfinch, Denny Goldfinch Realty Ltd. The communication expresses concerns regarding the effect the new proposed use will have on the surrounding residential properties low density single family homes; property values possibly decreasing; traffic congestion that will result from vehicles coming and going from the property; why not put these apartments on land that is already zoned for this use. Communication No. 243e) M. Biamonte, 6868 Stokes Street. The communication expresses opposition to the proposed development. Communication No. 243f) Darcy Raven and Jim Beauparlant, 6345 Dorchester Road. The communication expresses opposition to the proposed development. Communication No. 243g) Mr. Mrs. A. Armenti, 6856 Stokes Street. The communication expresses strong opposition to the application. -6- December 8. 2003 Council Minutes Communication No. 243h) Concerned resident. The communication expresses concerns that the development would cause an immediate erosion to the value of the homes and land surrounding the proposed development along with the disruption of the present peaceful living styles of the surrounding neighbours. Communication No. 243i) Maria Baldinelli, 6867 Stokes Street. The communication expresses opposition to the proposed development. Communication No. 243j) Luciano and Angela Artista, 6860 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 243k) Maria Romano, 6852 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 2431) Laval Joncas, 6820 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 243m) Chris and Mary Antaya, 6219 Dorchester Road. The communication expresses opposition to the proposed development. Communication No. 243n) Donald and Patricia Parker, 6357 Dorchester Road. The communication expresses opposition to the proposed development. Communication No. 243o) Mr. Mrs. Baldinelli. The communication expresses opposition to the proposed development. Communication No. 243p) Robert Lalonde Shelagh Lalonde, 6918 Coach Drive. The communication expresses opposition to the proposed development. Communication No. 243q) A. Basile, 7008 Coach Drive. The communication expresses opposition to the proposed development. Communication No. 243r)- Pearl Nicholle, 6836 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 243s) Resident at 6844 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 243t) Carmen Armenti, 6278 Dorchester Road. The communication expresses opposition to the proposed development. Communication No. 243u) Michael Rosemary Baldinelli, 6240 Dorchester Road. The communication expresses opposition to the proposed development. Communication No. 243v) Sarah Laramee, 6954 Coach Drive. The communication expresses opposition to the proposed development. Communication No. 243w) Armando Carducci Concetta Carducci, 6808 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 243x) Bob Qua, 6828 Corwin Crescent. The communication expresses opposition to the proposed development. Communication No. 243y) Petition from Neighbours surrounding 6350 Dorchester Road, headed by L. Joncas, 6820 Corwin Crescent. The petition expresses opposition to the proposed development. -7- December 8, 2003 Council Minutes Communication No. 243z) Cheryl Slater, 6243 Dorchester Road. The communication expresses opposition to the proposed development. His Worship Mayor Salci read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on October 17, 2003. His Worship Mayor Salci received indication that Mr. Michael Allen, Architect, 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 Salci 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 property through the use of posted sketches, advised that as a result of residents' concerns regarding issues such as the loss of privacy; property values and traffic impact, two meetings had occurred; and as a result, the architect had proposed a reduction in the number of units from 50 to 45, the removal of an existing hedge and chain -link fence along part of the perimeter, to be replaced with a 6 -foot closed board fence along the lengths of the north and east property lines and the planting of deciduous trees that would mature with large canopies along the aforementioned property lines. He advised that this development was a good reuse of an existing property; that no external changes were being proposed to the building; that density was well below permitted levels; the second storey was now being used for lofts and a significant amount of landscaping and parking facilities would be provided and advised that staff were recommending approval. There was a negative response to Mayor Salci'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. Shelagh Lalonde, 6918 Coach Drive, advised that the neighbours had been opposed to a 50 -unit apartment building but were pleased that it would be a condominium development; she expressed parking and traffic concerns and the lack of privacy regarding the second floor windows but hoped that a resolution could be worked out between the developer and the neighbourhood representatives through the site planning process. Mr. Dan Armenti, on behalf of his parents who reside at 6856 Stokes Street, expressed environmental concerns due to the traffic and gas fumes from the development; he requested the reduction of parking spaces in the back of the building and that the parking spaces be moved to the front of the building. Mr. Paul Damore, 7032 Brookefield Avenue enquired whether hydro lands had been obtained for the proposed development. The Director of Parks, Recreation and Culture responded that the 50 -foot hydro property was being retained by the City for a future trail. -8- December 8, 2003 Council Minutes Mr. Michael Allen advised that numerous concessions had been made including the reduction in the number of units from 45 to 42 the change to a condominium, owner occupied property, installation of closed board fencing, significant landscaping, and the use of angled windows /dormers on the upper level; he advised that it was the intent of the applicant to utilize the existing parking spaces and remarked that there would be no expansion to the building. He advised that his client would welcome the opportunity to have neighbourhood representatives attend through the site plan process. The Director of Planning and Development advised that parking, landscaping and all amenities would be looked at through the site plan process. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 36/2003 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that Council approve the 42 -unit condominium development and that the residents participate in the site plan process and that the matter be brought back to Council, only if there is continued disagreement, after the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Wing, seconded by Alderman Kerrio, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -108 Chief Administrative Officer Re: Recommendation Report Orchard Grove West Extension; Draft Plan of Subdivision 26T -11- 2003 -01 (Revised) Zoning By -law Amendment Application AM- 37/2003; Owner: 527786 Ontario Limited. The report recommends the following: 1. That the Orchard Grove West Extension Plan of Subdivision be draft approved subject to the conditions in the attached appendis; 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; 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. His Worship Mayor Salci read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on November 17, 2003. His Worship Mayor Salci received indication that Mr. Victor Muratori, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Salci 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. -9- December 8, 2003 Council Minutes The Director of Planning and Development reviewed the proposal through posted sketches; he advised that the applicant was proposing to subdivide a 4.15 acre site into 28 lots for single- detached dwellings instead of 21; the increase was in keeping with the "Smart Growth" objectives promoted by the Region; the Director referred to condition #9 in conditions for Draft Plan Approval and recommended eliminating it. It was explained that consideration had been given to the provision of a park facility adjacent to the KOA campground but the uses were not compatible and, therefore, cash -in -lieu was taken. He indicated that should the KOA ever be redeveloped, a park could go there. The Director advised that staff were recommending approval of the application with the Conditions mentioned; save and except for Condition #9 and that the Zoning By -law Amendment to introduce the detailed regulations for this small subdivision be approved. In response to questions raised regarding past phases of Orchard Grove, the Director of Parks, Recreation and Culture advised that a natural park area had been incorporated with a storm water management area. There was a negative response to Mayor Salci'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. Carol Johnson, 4994 Kingston Avenue questioned what percentage was given to the City for cash -in -lieu. She was advised by the Director of Planning and Development that the developer pays 5% of the value of the lands to the municipality in lieu of parkland. Owners of the Seneca Motel at 8405 Lundy's Lane expressed the view that the proposed subdivision backs onto their motel making them "landlocked It was pointed out that they are not landlocked because they have frontage on Lundy's Lane and a fence would clearly demark their property from the residential development. Mr. Muratori advised that this was the last portion of a previous application for 97 lots and provided a brief overview of both applications; he provided clarification on the matter of parkland vs cash -in -lieu; and discussed Condition #9 in the Conditions for Draft Plan Approval. He advised that the applicant was endorsing staff's recommendation report. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 37/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD- 2003 -106 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 41/2003, 6170 Stanley Avenue; Applicant: Canop Investments; Agent: Peter Lesdow, Architect; Proposed Four Storey Addition to the Fallsview Inn. The report recommends that Council approve the requested Zoning By -law amendment application for a proposed four storey, 60 room addition to the Fallsview Inn at 6170 Stanley Avenue. -AND Communication No. 244- Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the proposed Zoning By -law amendment. His Worship Mayor Salci read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on October 17, 2003. -10- December 8, 2003 Council Minutes His Worship Mayor Salci received indication that Mr. Peter Lesdow, Architect, 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 Salci 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 proposal through posted sketches; he advised that the design criteria for high -rise buildings required a 40 -foot setback above the fourth floor and that the building was currently setback over 33 feet from the south property line and staff were of the opinion that the deviation in setback from the requirements of the Design Criteria were considered minor; he suggested there should be a more architectural roof design feature and indicated that ingress and egress should not be provided onto Robinson Street. The development was well within height guidelines, therefore, staff were recommending approval of the proposal. There was a negative response to Mayor Salci'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. Peter Lesdow provided a brief overview of the application and advised of a modified architectural glass roof detail; he advised that the City's Standards regarding the distance between entrances and exits had been looked at and, subsequently, the parking was "flipped" to conform to the City's standards; Mr. Harvey Gordon, 5655 Robinson Street, enquired whether there were sufficient parking spaces for the expansion. Mr. Lesdow responded that the parking did conform with the City's by -law. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 41/2003 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -109 Chief Administrative Officer Re: Request for Removal of Part Lot Control; Neighbourhoods of St. David's Plan of Subdivision; Blocks 35, 36, 39, 41 to 45 48, Registered Plan 59M -251; Applicant: Walker Community Development Corporation. The report recommends the following: 1. That Council repeal By -law No. 98 -270, being an existing by -law designating the subject land and additional land in the subdivision as exempt from Part Lot Control; 2. That Council approve the request and pass a new by -law to designate Blocks 35, 36, 39, 41 to 45 48, registered Plan 59M -251, as exempt from Part Lot Control for five years; Presentation of 9 -11 Recovery Helmet Letters of Condolence ADOPTION OF MINUTES COMMUNICATIONS December 8, 2003 Council Minutes 3. That the applicant be required to notify the City when the separate deeds have been registered. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -202 PD- 2003 -110 Chair, Municipal Heritage Committee Re: Matters Arising from Municipal Heritage Committee (MHC) Meeting. The report recommends the following: 1. That Council authorize staff to proceed with initiating the designation process for All Saints Church; 2. That Council endorse the recommendations of MHC for the former Post Office and Customs House, 4582 Zimmerman Avenue; 3. That Council approve a grant for 4851 River Road, Doran House, as outlined in the report. ORDERED on the motion of alderman Pietrangelo, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the Minutes of the Planning/Regular Council Meeting of November 17, 2003 be approved as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Salci referred to his attendance at the Niagara Falls Memorial Arena for the 20` Annual Cheerleading competitions and that he had been presented with a helmet that was used for recovery during 9 -11 by the N.Y. Fire Dept. The Mayor advised that the helmet would be presented to Fire Chief Patrick Burke at an appropriate time. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of Mr. Leo Nadalin, father -in -law of Chief Patrick Burke. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of Mrs. Kathleen Boyd (Hunt), mother of Carrie Roseborough. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late John Alfred (Jack) Verroche. Carried Unanimously. Communication No. 245 FXWorx Inc. Re: Skylon New Year's Eve Fireworks. The communication requests Council permission for a public fireworks display at the Skylon tower on New Year's Eve, December 31, 2003. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be approved, subject to established policy. Carried Unanimously. -12- December 8, 2003 Council Minutes Communication No. 246 Office of the Regional Chair, Debbie M. Zimmerman Re: Niagara Children's Charter. The communication requests that Council endorse the Niagara Children's Charter and requests a contact within the City of Niagara Falls to participate in the planning of the launch and ongoing monitoring of the Children's Charter. ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo, that the request be endorsed. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the November 17, 2003 Community Services Committee meeting minutes; 2. PD- 2003 -107 Status Report Tourism Policy Review that the Committee approves, in principle, the nine summary recommendations proffered by the IBI Group in their Phase I report regarding the City's Tourism Policy Review and Committee authorizes the commencement of Phase II of the Tourism Policy Review; 3. BBS- 2003 -17 Indexing of Permit Fees 2004 that the report be received for the information of Council; 4. BBS- 2003 -18 Sign By -law Variance, Mardi Gras, 4967 Clifton Hill that Council approves the sign by -law variance; 5. BBS- 2003 -19 Sign By -law Variance, Orsini Bros. Inns Inc. 6039 Fallsview Blvd. that Council approves the sign by -law variance; 6. BBS- 2003 -20 Sign By -law Variance, Pizza Pizza, 6225 Lundy's Lane that Council approves the sign by -law variance; 7. MW- 2003 -189 Charnwood Avenue Parking Review that parking restrictions not be implemented and overnight restrictions be enforced; 8. MW- 2003 -190 Chippawa Parkway Parking Review that parking restrictions not be implemented and that the offending vehicle be notified in advance that it will be towed; 9. MW- 2003 -191 Marcon Street at Thistledown Lane, All -Way Stop Review that an all -way stop control be installed and that the warrant policy be reviewed; 10. MW- 2003 -192 Willoughby Drive at Aberdeen Street, All -Way Stop Review that staff be directed to review the need for a crossing guard at this intersection; 11. MW- 2003 -194 St. James Avenue Heavy Vehicle Restriction that heavy vehicles be prohibited; 12. MW- 2003 -198 Transportation Sub -Area Modelling Software and Pilot Study that Totten Sims Hubicki be retained to carry out a transportation model and that the transportation modelling software be purchased; -13- 13. MW- 2003 -205 Orchard Avenue Symmes Street, Reversal of Stop Signs that an all -way stop be installed at the intersection of Orchard Avenue and Symmes Street; New Business December 8, 2003 Council Minutes 1. That $1,000.00 be given to Mr. Mike Pretty for home renovations not covered by OHIP; 2. That City provide $150.00 for transportation of gift boxes to Canadian soldiers in Afghanistan, if alternate transportation not available. Carried. See By -law No. 2003 -200 See By -law No. 2003 -201 CD- 2003 -21 Chief Administrative Officer Re: Council Schedule. The report recommends that Council pass the by -law appearing on tonight's agenda adopting the attached Schedule for 2004. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -197 CD- 2003 -22 Chief Administrative Officer Re: Appointments to Committees. The report recommends the following: 1. That Council delay the annual appointment of council members and citizens to the various Committees, Boards and Agencies; 2. That Council allow a working group to come back with a report on the appropriate numbers (Council and public) for membership on the various Committees, Boards and Agencies; 3. That Council authorize current committee members to continue with their responsibilities and duties until staff comes back with its report; 4. That Council allow staff to proceed with the advertising for appointments on the Greater Niagara Transit Commission. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the report be received and adopted and further that Aldermen Campbell, Wing and Mayor Salci sit on the Working Committee. Carried Unanimously. L- 2003 -76 Chief Administrative Officer Re: Niagara Falls Hydro Holding Corporation; Niagara Falls Hydro Inc., Niagara Falls Hydro Services Inc., Annual Resolutions. The report recommends that the Mayor, being the shareholder's representative of Niagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc., and Niagara Falls Hydro Services Inc. be authorized to execute the Annual Resolutions of these three (3) Corporations for the year ended December 31, 2002, as set out in Appendices 1, 2 and 3 and further that the Mayor be authorized to execute any and all subsequent Annual Resolutions of these three (3) Corporations. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. -14- December 8. 2003 Council Minutes L- 2003 -77 Chief Administrative Officer Re: Credit Union Central of Ontario Approval of Letter of Credit; Re: 1546952 Ontario Limited; File No. 2003 -299. The report recommends that an Irrevocable Letter of Credit from Credit Union Central of Ontario, in the amount of $70,000.00, dated December 1, 2003 attached as Appendix "1" be accepted as security with respect to 1546952 Ontario Limited "Developer") fulfilling its obligations under an Application for site Plan Approval. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. RATIFICATION OF THE ENVIRONMENTAL PLANNING GREENING COMMITTEE ACTIONS R- 2003 -81 Chair, Environmental Planning Greening Committee Re: Actions Stemming from the Environmental Planning Greening Committee Meeting of October 29, 2003. The report recommends that Council endorse the actions of the October 29, 2003 meeting of the Environmental Planning Greening Committee which recommends the Environmental Planning Greening Committee amalgamate with The Park in the City Committee and the Trillium Awards Committee to form one Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the reports on the Consent Agenda be approved. 1. F- 2003 -55, Municipal Accounts that Council approve the municipal accounts totalling $5,979,760.95 for the period ending December 8, 2003 2. F- 2003 -56, 2004 General Insurance Report that Council approve the 2004 Comprehensive Insurance Program from Frank Cowan Co. Ltd., at an annual premium of $678,469 (2003- $684,315), plus applicable taxes; that Council direct staff to undertake a review of the City's Risk Management practices in conjunction with Frank Cowan Company Limited; that Council refer to the 2004 Budget, the process of funding a new reserve fund for insurance claim payments; 3. L- 2003 -73, Laneway Closing and Conveyance to Abutting Owners, Rear of May Avenue that staff be authorized to commence proceedings to permanently close the laneway between May Avenue and Buttrey Street being part of Plan 997, PIN 64269 -0344 (subject land). A copy of the subject land is shown hatched on Schedule "A" attached to this report; 4. L- 2003 -55, Permanently Close Unopened Road Allowance between Township Lots 13 and 14; and Township Lots 27 and 28 on 59R -9954 that staff be authorized to commence proceedings to permanently close part of the unopened road allowance between Township Lots 7 and 8; Lots 13 and 14; and Lots 27 and 28 on reference Plan 59R -9954, being north of Mountain Road and south -west of Queen Elizabeth Way, (the "subject land shown hatched on Schedule "A attached to this report (PIN 64267- 0073); -15- RATIFICATION OF "IN CAMERA "ACTIONS OF DECEMBER 3. 2003 December 8, 2003 Council Minutes 5. L- 2003 -74, Beaver Valley Extension One, Phase 1 Subdivision; Transfer of Lot 21 that a Transfer /Deed of Land, in favour of The Corporation of the City of Niagara Falls for Lot 21 Plan 59M -274, from Beaver Valley Realty Ltd., for nominal consideration, for permanent emergency access, be accepted. Lot 21 is shown on an excerpt of a Plan attached as Schedule "A that The Corporation of the City of Niagara Falls execute a letter of Intent wherein the City agrees to transfer Lot 21, Plan 59M -274 back to Beaver Valley Realty Ltd., its successor(s) or assign(s), for nominal consideration, should the City no longer require the lot for emergency access. A copy of the Letter of Intent from Brandon Boone, dated December 5, 2003 is attached as Schedule "B 6. MW- 2003 -201, Tender #20 -2003, New Equipment Purchase that Toromont Industries Ltd., St. Catharines, be awarded the tender for purchase of one (1) Latest Model 2 -Wheel Drive Rubber Tire Loader /Backhoe with Bucket Extend -A -Hoe in the amount of $79,548.95 including taxes and trade -in allowance; 7. MW- 2003 -203, Commissionaires Contract Extension; 2004 City Hall Security that Council approves the one year extension to the Canadian Corps of Commissionaires (Hamilton). The 2004 contract includes a 14.3% increase from their 2001 contract rates; 8. MW- 2003 -204, Contract for Parking Control, Canadian Corps of Commissionaires that Council approves a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control services. The 2004 extension includes an average 9.66% increase from their 2001 contract rates; 9. R- 2003 -82, Kalar Road Sports Park, Use Agreement with the Niagara Catholic District School Board of Niagara that Council approve the Use Agreement with the Niagara Catholic District School Board and the District School Board of Niagara to allow the use of lands adjacent to the Kalar Road Sports Park for soccer field use Alderman Pietrangelo conflict; 10. R- 2003 -83, Encroachment and Option Agreement that the City enter into an Encroachment and Option Agreement with 1546952 Ontario Limited for part 3 and 4 on reference Plan 59R- 12261, part of Lot 20 Concession 2, City of Niagara Falls. Carried See By -law No. 2003 -211. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the actions taken in the "In Camera" session on December 3, 2003 be approved: That an offer to purchase part of Falls Industrial Park be considered by Council at its Special Meeting on December 15, 2003 and that Notice of the proposed sale be advertised in the Niagara Falls Review. The motion Carried, with Alderman Kerrio abstaining from the vote on a conflict of interest and with all others voting in favour. That Council confirms its support for the current hiring policies, procedures and practices as they relate to non -union staff. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2003 -197 A by -law to amend By -law No. 89 -155 and adopt a Schedule of Meetings. 2003 -198 A by -law to amend By -law No. 79 -200, to permit a day nursery. (Re: AM- 40/2003, Stephen Mort ley) 2003 -199 2003 -200 2003 -201 2003 -202 2003 -203 2003 -204 2003 -205 -16- December 8, 2003 Council Minutes A by -law to amend By -law No. 79 -200, to reduce the number of required parking spaces for a proposed museum /retail store. (Re: AM- 33/2003, 5981 Fallsview Boulevard) A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections, Yield Signs at Intersections) A by -law to amend by -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Heavy Vehicle Restriction, Stop Signs) A by -law to repeal By -law No. 98 -270, being a by -law to designate certain land not to be subject to part lot control and to designate Blocks 35, 36, 39, 41 to 45 and 48 on Registered Plan 59M -251 not to be subject to part lot control. A by -law to amend By -law No. 79 -200, to permit a storage compound for waste collection vehicles and related equipment. (Re: AM39/2003, Modern Corporation Inc.) A by -law to amend By -law No. 79 -200, to permit the construction of a 10- storey hotel. (Re: AM- 34/2003, 5923 Stanley Avenue 5916 Allendale Avenue) A by -law to authorize the execution of the Stipulated Price Contract with Aquicon Construction Co. Ltd. respecting the construction of the Niagara Falls Community Centre to be located at Montrose and McLeod Roads, Niagara Falls. WITHDRAWN To authorize the execution of a Licence Agreement with Vann Media Inc., respecting the installation of a sign on lands and premises municipally known as Municipal Parking Lot No. 20, located at the corner of Bender Street and Palmer Avenue, Niagara Falls. 2003 -206 A by -law to authorize the execution of a Condominium agreement with Meadow Creek Homes Ltd., respecting Block 40 on Plan 59M -295. 2003 -207 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 by -laws. 2003 -208 A by -law to authorize the execution of a Condominium Agreement with Feliciano Pingue Sons Construction Ltd. respecting 6012 Frontenac Street Condominium being Part Lots 21 and 22, Plan 246 and Part Township Lot 173 Stamford. 2003 -209 A by -law to authorize the execution of a Condominium Agreement with Feliciano Pingue, Lucia Pingue, Paul Pingue and Mary Pingue respecting McLeod Road Condominium being Part Township Lot 173 Stamford being Part 1 on 59R- 12251. 2003 -210 A by -law to authorize the execution of a Condominium agreement with Feliciano Pingue respecting Villa Romana Condominium being part Lot 1 Plan 94 Stamford and part Lot 2 Plan 94 Stamford being parts 1 2 on 59R- 12247, located at 6430 Montrose Road. 2003 211 A by -law to authorize monies for General Purposes (December 8, 2003) 2003 -212 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on December 8, 2003. The motion Carried with Aldermen loannoni, Wing, Morocco, Campbell and Volpatti, abstaining from the vote on By -law No.2003 -211 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -laws be now read a second ad third time: 2003 -197 A by -law to amend By -law No. 89 -155 and adopt a Schedule of Meetings. 2003 -198 A by -law to amend By -law No. 79 -200, to permit a day nursery. (Re: AM- 40/2003, Stephen Mort ley) 2003 -199 A by -law to amend By -law No. 79 -200, to reduce the number of required parking spaces for a proposed museum /retail store. (Re: AM- 33/2003, 5981 Fallsview Boulevard) 2003 -200 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections, Yield Signs at Intersections) 2003 -201 A by -law to amend by -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Heavy Vehicle Restriction, Stop Signs) 2003 -202 2003 -203 2003 -204 2003 -205 -17- December 8, 2003 Council Minutes A by -law to repeal By -law No. 98 -270, being a by -law to designate certain land not to be subject to part lot control and to designate Blocks 35, 36, 39, 41 to 45 and 48 on Registered Plan 59M -251 not to be subject to part lot control. A by -law to amend By -law No. 79 -200, to permit a storage compound for waste collection vehicles and related equipment. (Re: AM39/2003, Modern Corporation Inc.) A by -law to amend By -law No. 79 -200, to permit the construction of a 10- storey hotel. (Re: AM- 34/2003, 5923 Stanley Avenue 5916 Allendale Avenue) A by -law to authorize the execution of the Stipulated Price Contract with Aquicon Construction Co. Ltd. respecting the construction of the Niagara Falls Community Centre to be located at Montrose and McLeod Roads, Niagara Falls. WITHDRAWN To authorize the execution of a Licence Agreement with Vann Media Inc., respecting the installation of a sign on lands and premises municipally known as Municipal Parking Lot No. 20, located at the corner of Bender Street and Palmer Avenue, Niagara Falls. 2003 -206 A by -law to authorize the execution of a Condominium agreement with Meadow Creek Homes Ltd., respecting Block 40 on Plan 59M -295. 2003 -207 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 by -laws. T -18- December 8, 2003 Council Minutes 2003 -208 A by -law to authorize the execution of a Condominium Agreement with Feliciano Pingue Sons Construction Ltd. respecting 6012 Frontenac Street Condominium being Part Lots 21 and 22, Plan 246 and Part Township Lot 173 Stamford. 2003 -209 A by -law to authorize the execution of a Condominium Agreement with Feliciano Pingue, Lucia Pingue, Paul Pingue and Mary Pingue respecting McLeod Road Condominium being Part Township Lot 173 Stamford being Part 1 on 59R- 12251. 2003 -210 A by -law to authorize the execution of a Condominium agreement with Feliciano Pingue respecting Villa Romana Condominium being part Lot 1 Plan 94 Stamford and part Lot 2 Plan 94 Stamford being parts 1 2 on 59R- 12247, located at 6430 Montrose Road. 2003 -211 A by -law to authorize monies for General Purposes (December 8, 2003) 2003 -212 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on December 8, 2003. The motion Carried with Aldermen loannoni, Wing, Morocco, Campbell and Volpatti, abstaining from the vote on By -law No.2003 -211 on conflicts of interest previously noted and with all others voting in favour. Federal Fuel Tax ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that a resolution be forwarded to the Federal Provincial Governments advising that Council supports the measures proposed by FCM, that would see a portion of the 10% per litre Federal Fuel Tax dedicated to municipal governments and that a copy also be forwarded to FCM, our MP and MPP. Carried Unanimously. Condition of Railway Tracks Alderman Victor Pietrangelo referred to the poor conditions of the railway tracks South of Church's Lane and East of Stanley Avenue and requested that a letter be forwarded to CN requesting that the railway crossings be improved. He was advised by the CAO that staff have had discussions with the Railway regarding the matter. It was suggested that further discussions be held. Fixed Variable Rates Speeding on Kalar Road NEW BUSINESS Alderman Victor Pietrangelo referred to the issue of how other Municipalities breakdown their budgets through fixed and variable rates, which helps to prioritize their spending and suggested that staff look into this matter for this Municipality. Alderman Victor Pietrangelo referred to correspondence received from a resident, Mr. Leonard Mather expressing his concerns regarding the issue of speeding on Kalar Road. Alderman Pietrangelo requested that the appropriate staff, through Parking Traffic deal with Mr. Mather's concerns. -19- December 8, 2003 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti. Carried Unanimously. Direct Access Off QEW to Queenston/Lewiston (Highway 405) Alderman Selina Volpatti referred to her attendance at the Stanley Avenue Business Park meeting and the discussion regarding the truck traffic trying to get to the 405 Highway. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that a meeting be scheduled with staff and our MPP to discuss the matter; and further that a letter be forwarded to the the Minister of Transportation, requesting direct access off the QEW to Highway 405 (Queenston /Lewiston) be investigated. Carried Unanimously. Smart Growth Initiatives Alderman Selina Volpatti referred to the Region's report on Developable Urban Residential Lands dealing with Options A B and was advised that staff would be reporting back to Council on the matter. Waste Water Charges Resident Incentives Thank you T ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that staff bring back a report on the issue of alleviating the waste water charges, the cost of implementation and who would ultimately pay for it. Carried Unanimously. Alderman Wayne Campbell referred to the perceived conflicts of the tourism Industry and the residents in Niagara Falls. He suggested that packages be offered to the residents of Niagara Falls allowing access to reduced parking and other amenities in the tourist core. Following the discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio, that the matter be pursued through the Mayor's Office, the Visitor Convention Bureau and the Niagara Parks Commission. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest and with all others voting in favour. His Worship Mayor Salci thanked members of Council for their positive approach to the evening's Council meeting. -20- December 8, 2003 Council Minutes ORDERED on the motion of Alderman Wing, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN 10 CITY CLERK MAYOR R. T. (TED) SALCI