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2004/01/19Council met on Monday, January 19, 2004 at 6:40 p.m. for the purpose of considering Planning/Regular Business matters. All members of Council, were present. Alderman Jim Diodati offered the Opening Prayer. Alderman Wayne Campbell indicated a pecuniary interest on Report MW- 2004 -09 from the Community Services Committee, because the District School Board of Niagara is his employer. Alderman Vince Kerrio indicated a pecuniary interest on Report PD- 2004 -07 due to the proximity of his establishment to the proposed hotel expansion. Alderman Victor Pietrangelo indicated a pecuniary interest on Report MW- 2004 -09 from Community Services Committee because the Niagara Catholic District School Board is his employer. Alderman Janice Wing indicated a pecuniary interest on Report PD- 2004 -01 and from the Community Services Committee, on Report R- 2004 -01, only on Section 3 of the Report, because she owns property with a Niagara Parks employee. His Worship Mayor Salci indicated a pecuniary interest on Report PD- 2004 -01, because he has a client who has an application pending. Niagara Transit Mr. Bart Maves requested that Council approve the new bus route and the purchase of a new Chair -a -van. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell to approve the request of the new bus route and of the purchase of a new Chair -a -van; and that the request for funding be referred to budget. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest. United Way Review ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the correspondence be referred to budget. Carried Unanimously. SECOND MEETING PLANNING MEETING DISCLOSURES OF PECUNIARY INTEREST BUDGET DEPUTATIONS Council Chambers January 19, 2004 City of Niagara Falls Board of Museums ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the request for funding, be referred to budget. Carried Unanimously. Recreation Commission ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, to refer to budget, with the exclusion of the Boys and Girls Club matter. Carried Unanimously. Arts Culture Commission Ms. Karen Akalu, Chair, advised that the Arts Culture Commission were not recommending any change to their budget. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, to refer to budget. Carried Unanimously. Heritage Week Niagara Committee -2- Mr. Sherman Zavitz, Chair requested a grant matching the 2003 grant of $25,000.00. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, to refer to budget. Carried Unanimously PLANNING MATTERS January 19, 2004 Council Minutes Boys and Girls Club of Niagara Ms. Joanne Nett, Executive Director requested a 9% increase in funding from $191,900 to $210,000 in 2004. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, to refer to budget. Carried Unanimously. PD- 2004 -01 Chief Administrative Officer: Re: Zoning By -law Amendment Application; AM- 44/2003, Elimination of Parking Lots as Permitted Uses; Applicant: City of Niagara Falls. The report recommends the following: 1. That Council defer its decision regarding the City initiated Zoning By -law amendment which proposes to require approval of Council for any new surface parking lots for purely commercial purposes in the Fallsview and Clifton Hill area in order to give concerned citizens and property owners an opportunity to review this report and have their questions properly addressed by staff; 2. That this report be circulated to all parties having expressed an interest in this proposed amendment and that the matter be brought back for Council's consideration on February 23, 2004. -AND Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from -3- Broderick Partners for Victoria BIA Sullivan- Mahoney HOCO Limited Mr. Feliciano Pingue Broderick Partners for Fallsview BIA Mr. Tony Zappitelli, Romzap Ltd. Niagara Clifton Group His Worship Mayor Salci declared a conflict of interest previously noted; and relinquished the Chair. Alderman Wayne Campbell assumed the Chair. 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 December 20, 2003. Since no further comments were forthcoming, Acting Mayor Alderman Wayne Campbell declared the Public Meeting with regard to AM- 44/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the matter be deferred to the February 23r 2004 Council meeting. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest because of the Niagara Parks Commission's involvement and she owns property with a Niagara Parks employee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the correspondence received be deferred to the February 23r 2004 Council meeting. Carried Unanimously. His Worship Mayor Salci resumed the Chair. Alderman Janice Wing vacated Council Chambers. Alderman Vince Kerrio vacated Council Chambers, due to a conflict of interest previously noted. PD- 2004 -07 Chief Administrative Officer Re: Status Report regarding Zoning By- law Amendment Application AM- 35/2003; 6361 Fallsview Boulevard and Associated Off -site Lands; Applicants: 876891 Ontario Limited, 1140464 Ontario Inc. And 1229142 Ontario Inc.; Agents: Peter Smith, Planner, John Ingles, Solicitor; Proposed Expansion to the Hilton Hotel. The report recommends the following: 1. That Council receive this status report for information purposes; January 19, 2004 Council Minutes 2. That Council receive the submissions made at the public meeting and refer same to staff for consideration as part of their review; 3. That staff be directed to continue discussions with the applicant in an effort to resolve the outstanding issues. -4- January 19, 2004 Council Minutes AND Communication No. 03 The Niagara Parks Commission. The communication suggests deferral until such time as the developer has satisfied the Architectural Peer Review under By -law 99 -184 known as Official Plan Amendment 26. AND Communication No. 04 Skylon Tower. The communication advises as being opposed to the application. 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 publishing in the Niagara Falls Review on December 19, 2003. His Worship Mayor Salci received indication that Mr. Stephen Diamond, Solicitor and Mr. Peter Smith, Planner, were 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 advised that there would be no request for approval at this meeting, that it was a status report and information update. He discussed the subject property through the use of posted sketches, advised that the amendments to the Official Plan and Zoning By -law were being requested to permit a 58- storey expansion to the existing Hilton Hotel. The Director reviewed the issues of building height and how the proposal was not in keeping with the 45 storeys contemplated under the Tourism Policy Review. He mentioned that there were still issues with regard to massing, density and servicing. The Director stated that the project could be considered with regard to public benefits but that a policy on public benefits still needed to be developed. He explained that 55% of the parking would be on -site and underground, 45% would be on the Jungleland and Allendale properties. He outlined that the later property was on Hydro property and that the Hydro corridor was being viewed as a buffer between the tourist sector and neighbouring properties. The Director outlined the outstanding issues of daylighting triangle, building permit and site plan. The Director of Planning and Development stated that the Planning Division could not recommend the application yet but that staff would continue to work with the developer and the peer review panel. Alderman Janice Wing returned to Council Chambers. 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. -5- January 19, 2004 Council Minutes Mr. Brian Duxbury, Solicitor, on behalf of the Sklyon Tower and the Yerich family, felt there was a myriad of issues to be resolved, that modelling would be valuable to get a sense of the scale of the application, which would exceed the height of the Skylon tower, that the application was not in the spirit of the Official Plan, and approving the application would set precedents and lead to negative consequences. He stressed that although his client are competitors with the applicant, they are also neighbours and, therefore, have serious concerns regarding a project of such scale. Mr. Alex Bartkiw, St. Mary's Ukranian Church, expressed concerns regarding the existing, temporary parking such as noise, dust and fumes. He also referred to the need for a privacy fence for privacy and noise reduction. Mr. Stephen Diamond, Solicitor on behalf of the DiCosmo family advised that the hotel development will create a world -class destination, additional employment, add to the city's tax base, provide an attractive addition to the City's skyline and allow for a pedestrian friendly and visually pleasing facade; he explained that building height should not be the issue, what was more important was the impact of a development of this kind, up to the first five floors. Mr. Diamond outlined the various studies his client had undertaken: detailed traffic and parking study, a servicing impact study, shadow and wind impact studies and a visual impact analysis. He requested that staff bring forward a report for the February Council meeting as his clients were very anxious to commence construction in the fall of this year. Also, he pointed out that this application preceded the IBI study. Mr. Peter Smith, Planner reviewed the design of the building, commented on the parking improvements with the construction of a 3- level, 600 car garage, addressed the issue of height, massing and off -site parking. He advised that the client has agreed to explore with the City the provision of a contribution towards a broader public benefit that will require further discussions with the City. Discussion ensued with regard to when the IBI Consultants report would be ready and the timeline for appeals to the Ontario Municipal Board. Since no further comments were forthcoming, His Worship Mayor Salci, declared the Public Meeting with regard to AM- 35/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted and further that a Committee be established to resolve the issues around bonusing, infrastructure and public benefits; and that staff come back with a recommendation report upon completion of the Peer Review Study report. The motion Carried ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. Alderman Vince Kerrio returned to Council Chambers. PD- 2004 -08 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 47/2003, 6398 Montrose Road; Applicant: Vincent Marinelli; Agent: John Marinelli; Catering Business, Zoning By -law Schedule Change. The report recommends the following: 1. That Council approve the Zoning By -law Amendment application to remove the rear (easterly) portion of the property from the existing schedule of By -law No. 94 -202; -6- January 19. 2004 Council Minutes 2. That Council adopt the amending by laws appearing on tonight's agenda. -AND Communication No.05 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the application. 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 December 19, 2003. His Worship Mayor Salci received indication that Mr. John Marinelli, Agent, 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. The Director of Planning and Development discussed the subject property through the use of posted sketches; he advised that an application has been made to sever the back portion of the lotand to provide a building lot on Graham Street, the catering business would be removed as a permitted use. 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. Ms. Angie Mancuso requested further clarification on whether the catering business would be part of Graham Street and was advised by the Director of Planning and Development that it would not be part of the Graham Street lot. Since no further comments were forthcoming, His Worship Mayor Salci, declared the Public Meeting with regard to AM- 47/2003 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2004 -18 See By -law No. 2004 -19 Alderman Selina Volpatti vacated Council Chambers. PD- 2004 -02 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 46/2003, 9006 Netherby Road; Owner: Rob Dicato, Recognition of a Recent Addition to the Garage. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to recognize a recent addition to the existing private garage on the property; 2. That Council adopt the amending by -law appearing on tonight's agenda. -7- -AND Communication No. 06 Regional Niagara, Planning and Development. The communication advises that Regional Planning staff have no objection to the approval of the 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 December 19, 2003. His Worship Mayor Salci received indication that the applicant, Mr. Rob Dicato, was in attendance; 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. The Director of Planning and Development discussed the subject property through the use of posted sketches and advised that the amendment meets the intent of the deferred Official Plan policies and the Regional Official Plan policies with respect to controlling non agricultural development; he further explained that the amendment will legalize the recently built addition without compromising the overall intent of the by -law and that staff were in support of the application 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. Alderman Campbell vacated Council Chambers due to illness. Alderman Selina Volpatti returned to Council Chambers. January 19, 2004 Council Minutes Since no further comments were forthcoming, His Worship Mayor Salci, declared the Public Meeting with regard to AM- 46/2003 closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Diodati, seconded by Alderman Kerrio, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2004 -13 PD- 2004 -03 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 43/2003, 6169 Garner Road Associated Lands; Applicant: Niagara Falls Golf Club Limited; Agent: Brian Sinclair, Solicitor; Niagara Falls Golf Course. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application that will: a) bring the existing legal non conforming golf course (Parcel 1) into conformity with the zoning By -law; b) permit lands (Parcel 2) to the north of Parcel 1 to be developed in conjunction with the golf course; -8- January 19, 2004 Council Minutes c) permit the single detached dwellings located at 6241 Garner Road (Parcel 3) and 6395 Garner Road (Parcel 4) to be used as cottage rental dwellings in conjunction with the golf course. 2. That a site plan agreement be entered into with the applicant in order to address site planning issues detailed in this report and that neighbouring residents be included in the site plan review. AND Communication No. 07 Mr. Mrs. Anthony David Baldinelli, 9768 Lundy's Lane. The communication advises as having no objections to bringing the existing legal non- conforming golf course into conformity and advises as having no concerns regarding the single detached dwellings being used as cottage rental dwellings in conjunction with the golf course. The communication expresses concerns regarding the creation of a practice range; the lack of natural buffer zones between the greens and Lundy's Lane; the lack of netting between the golf course and Mr. Baldinelli's property; potential water problems; the use of fertilizers and chemicals by the golf course leaching into their shared aquifer. -AND Communication No. 08a) Donna Richard Mino, R.R. #1, 6101 Garner Road. The communication requests that Council deny all three amendments and proposes 16 conditions if recommendation 1 and 2 are approved; AND Communication No. 08b) Donna Mino. The communication attaches to Communication No. 8a) and is a copy of the original e-mail forwarded to Mayor Wayne Thomson on August 23, 2003, regarding the Niagara Falls Golf Club. AND Communication No. 09 Charlotte Theodore Kudlac, 6149 Garner Road. The communication provides comments and indicates that the proposed rezoning would affect the quality of life and well being of the local residents in the area; and requests the installation of an 8 foot privacy fence adjacent to the westerly property line. AND Communication No. 10 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed Zoning by -law amendment, provided that the underlying Agriculture Zone is maintained with special provisions added for the intended golf course use. AND Communication 11a) From Mr. Ken Moore to Mr. Mrs. Kudlac, advising of supplying and erecting an 8 foot privacy fence adjacent to their westerly property line and the supply for planing of six (6) evergreen trees to buffer the new privacy fence. AND Communication No. 11 b) From Mr. Ken Moore to Mr. Mrs. Mino, advising of the supply and installation of an 8 foot privacy fence adjacent to their westerly property line; the supply and planting of evergreen trees with a minimum height of six feet adjacent to their northerly property line; and the elimination of dust concerns for the upcoming summer season. 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 December 19, 2003. His Worship Mayor Salci received indication that Mr. Brian Sinclair, 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. -9- January 19, 2004 Council Minutes 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. The Director of Planning and Development discussed the subject property through the use of posted sketches; he advised that the proposal was for an amendment to zoning by -law to allow the Niagara Falls Golf Club properties to be consolidated with respect to zoning; he indicated that there have been concerns raised by a number of area property owners, such as noise, lighting, fencing, drainage, potential contamination and impacts associated with a golf course. He recommended that should Council adopt the zoning amendment, that Council also adopt the site plan control by -law to ensure that all the matters can be regulated and that the area residents that have expressed their concerns be part of the site plan process and stated that staff were recommending approval. There was a positive 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. Mr. Peter Aleo advised that he was in support of the proposed application. Mr. Frank Liefl, who owns the adjacent farmland, indicated that he was in support of the proposed application. Mrs. Donna Mino, 6101 Garner Road, advised that she was not opposed to the first two recommendations in item one of the report but was opposed to the third recommendation in item one regarding the cottages. She expressed concerns that the trees behind their property had been clear cut and that her family have had to put up with dust, standing water, noise, trespassers, culvert and road damage. Mr. Ted Kudlac, 6169 Garner Road, expressed noise concerns, the need for a buffer line of trees and the provision of an 8 foot fence for a sense of privacy. Mr. Brian Sinclair, Solicitor for the applicant pointed out that applicant had done more than he needed to do by rezoning his whole property to bring it into conformity from a legal non conforming use; he stated that the applicant was agreeable to staff's recommendation report, advised that concerns dealing with drainage, noise and high water levels would be looked at and that the applicant will work with the neighbours through the site plan process. He requested that consideration be given to the issue of the road widening of 9.6 feet along Garner Road, as it could be detrimental to their parking;. Discussions ensued with respect to the cottages and environmental concerns regarding the burning of hydro poles with creosote Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 43/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, to approve Recommendation 1 a) That Council approve the requested Zoning By -law amendment application that will bring the existing legal non conforming golf course (Parcel 1) into conformity with the Zoning By -law; and 1 b) That Council approve the requested Zoning By -law amendment application that will permit lands (Parcel 2) to the north of Parcel 1 to be developed in conjunction with the golf course. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. 71 -10- It was moved by Alderman Volpatti, seconded by Alderman Pietrangelo, dealing with Recommendation 1 c) That Council approve the requested Zoning By -law amendment application which will permit the single detached dwellings located at 6241 Garner Road (Parcel 3) and 6395 Garner Road (Parcel 4) to be used as cottage rental dwellings in conjunction with the golf course be approved. The vote was recorded as requested. The motion Carried with the following vote: AYE: Aldermen Diodati; Kerrio; Morocco; Pietrangelo; Volpatti and Mayor Salci. NAYE: Aldermen loannoni; Wing ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, regarding Recommendation 2a) that a site plan agreement be entered into with the applicant in order to address site planning issues detailed in this report and that neighbouring residents be included in the site plan review be approved. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the added recommendation that the City take the road widening allowance and offer it back to the applicant by way of an encroachment agreement. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that a full report on the history of complaints regarding the golf course be undertaken and that a request be forwarded to the Ministry of Environment (MOE) to investigate the burning of the hydro poles with creosote. Carried January 19, 2004 Council Minutes It was moved by Alderman Wing, seconded by Alderman Volpatti, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. PD- 2004 -04 Chief Administrative Officer Re: Proposed Waste Disposal Site (Ex- Situ Bioremediation of Soils); Canadian Pacific Railway Limited; Former Montrose Railyard on Ramsey Road, City of Niagara Falls. The report recommends the following: 1. That a copy of this Report along with any public input received be forwarded to the Ministry of the Environment, Environmental Assessments and Approvals Branch, and MOE Niagara; 2. That a copy of the Record of site Condition issued by the Ministry be forwarded to the Planning Development Division once decommissioning is completed. The Director of Planning and Development advised that this was a courtesy public meeting to provide an opportunity for anyone who wished to make comments on the matter. There was a negative response to Mayor Salci's request for public input and comments on the matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. PD- 2004 -06 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Warren Woods, 26T -96001 (Revised); Owner: 797045 Ontario Ltd. The report recommends that Council support a one -year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. PD- 2004 -09 Chief Administrative Officer Re: Request for Removal of part Lot Control; 7565/7567 Monastery Drive; Lot 29 and Block 59, Registered Plan 59M -201; Owner: 752534 Ontario Limited. The report recommends the following: 1. That Council approve the request and pass the by -law to designate Lot 29 and Block 59, Registered Plan 59M -201, 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. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. Closure of Highway 420 REGULAR MEETING ADOPTION OF MINUTES MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS COMMUNICATIONS -AND Communication No. 12b) Correspondence from the City Clerk January 19, 2004 Council Minutes See By -law No. 2004 -15 ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the Minutes of the Regular meeting of January 12, 2004 be approved as printed. Carried Unanimously. Niagara Falls Central District (Downtown) Community Improvement Plan His Worship Mayor Salci advised that the Niagara Falls Central District (Downtown) Community Improvement Plan will be held on January 26, 2004 from 6:30 p.m. to 8:30 p.m. in Council Chambers. His Worship Mayor Salci advised of the closure of Highway 420 westbound from Dorchester Road to Montrose Road on January 20t 2004 at 7:00 a.m., until 7:00 a.m. on January 23r 2004, due to construction. Communication No. 12a) Victoria Centre BIA Re: Board of Management. The communication requests that Council confirm the appointments to the Victoria Centre BIA Board of Management. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that Council confirms the appointments to the Victoria Centre BIA Board of Management. Carried Unanimously. -12- January 19. 2004 Council Minutes REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the actions in the Community Services Committee, earlier this evening, be approved: 1. Adoption of the minutes of the January 12, 2004 Community Services Committee meeting; 2. MW- 2004 -23 Dorchester Road Environmental Assessment Update that staff proceed with the Environmental Assessment process for a rail overpass; 3. R- 2004 -05 Community Centre Report recommended that the Update of Capital Development for the Community Centre be received for the information of Council; 4. MW- 2004 -09 Willoughby Drive at Aberdeen Street; Crossing Guard Review that a school crossing guard be assigned at the intersection of Willoughby Drive and Aberdeen Street; Aldermen Campbell and Pietrangelo conflict; 5. MW- 2004 -16 Gunning Drive at Mears Crescent; All -Way Stop Review that the All -way Stop Review for Gunning Drive and Mears Crescent be received for the information of Council and that police be requested to provide additional enforcement; 6. MW- 2004 -17 Kalar Road North of Thorold Stone Road; Speed Limit Review that the speed limit reductions on Kalar Road North of Thorold Stone Road be approved by Council; 7. R- 2004 -01 Actions Stemming from Trails Bikeway Committee Meetings, December 4, 2003 and January 8, 2004 that the actions stemming for the Trails Bikeway Committee Meetings be supported by Council; 8. R- 2004 -02 New Staff Positions that the new staff positions for Parks, Recreation and Culture be approved; 9. R- 2004 -06 Fund Raising Golf Tournament that Council reaffirm its support for a City of Niagara Falls Community Centre Golf Tournament; 10. Ashley DeVries request for sponsorship from The City of Niagara Falls that Council support Ashley DeVries with a financial contribution to help with her expenses to attend the Miss Universe Pageant. In Camera Matters ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the actions taken "In Camera" earlier this evening be approved: That City and Regional Property be exchanged and in addition that $9,414.00 be paid to the Region. Carried Unanimously. F- 2004 -07 Chief Administrative Officer Re: Interim Tax Levy. The report recommends that Council approve the 2004 Interim Tax Levy calculation and the passing of a by -law providing for a 2004 Interim Tax Levy. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2004 -20 -13- January 19, 2004 Council Minutes F 2004 08 Chief Administrative Officer Re: 2004 Municipal Utility Budget Discussion. The report recommends that the report be received for the information of City Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the report be deferred. Carried Unanimously. F- 2004 -09 Chief Administrative Officer Re: 2003 Water and Sewer Payment Reconciliation. The report recommends the following: 1. That the City pay the Region of Niagara $1,204,853 for the balance of actual water and sewer costs incurred for 2003; 2. That the City not pay any further amounts for 2003 in regards to water and sewer services; 3. That the City support the use of actual flows for the Region of Niagara's billing for water and sewer. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. F 2004 06 Chief Administrative Officer Re: Community Reinvestment Fund (CRF). The report recommends that the Council accepts the Community Reinvestment Fund allocation in accordance with the terms and conditions from the Province of Ontario. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. -AND RESOLUTION NO. 01 WING DIODATI THEREFORE, LET IT BE RESOLVED THAT the municipality of Niagara Falls intends to use the 2004 CRF allocation for the benefit of property taxpayers; and, FURTHERMORE, THAT the municipality of Niagara Falls does accept the 2004 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. AND the Seal of the Corporation be hereto affixed. Carried Unanimously CD- 2004 -02 Chief Administrative Officer Delegation of Adult Entertainment Parlour Appeals. The report recommends that Council approve the delegation of appeals related to adult entertainment parlours and entertainers to the Police Services Board and that three members of Council be chosen to form a Committee of the Council to hear certain matters involving applications for licences for body -rub parlours, adult stores and, until an arrangement with the Police Services Board has been finalized, adult entertainment parlours. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the report be received and adopted and further, that Aldermen Diodati, loannoni and Volpatti sit on the Committee of Council. 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. 7T ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the Reports on the Consent Agenda be approved. 1. F- 2004 -05, Fidelity Bond Coverage; -14- 2. L- 2004 -07, Establishment of Public Highway; Part 2 on Reference Plan 59R -12261 as Part of Weinbrenner Road; File No. 2003 -299; 3. MW- 2004 -18, Parking Traffic By -law Updates; 4. MW- 2004 -19, Grey Avenue from Ferry Street to Peer Street; Amendments to By -law 89 -200. BY -LAWS January 19, 2004 Council Minutes See By -law No. 2004 -16 See By -law No. 2004 -22 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -12 A by -law to provide for Appointments to certain Boards, Commissions and Committees. 2004 -13 A by -law to amend By -law No. 70 -69, to recognize the size of an existing accessory building. (Re: AM- 46/2003, 9006 Netherby Rd.) WITHDRAWN A by -law to amend By -law No. 79 -200, as amended by By -law No. 2002 -201, with respect to the permitted use and location of adult entertainment parlours and body -rub parlours in the City of Niagara Falls. (Re: AM- 21/2002, City of Niagara Falls.) 2004-15 A by -law to designate Lot 29 and Block 59 on Registered Plan No. 59M -201 not to be subject to part lot control. 2004-16 A by -law to establish Part 2 on Reference Plan 59R -12261 as a public highway, to be known as and to form part of Weinbrenner Road. 2004 -17 A by -law to amend By -law No. 79 -200, to permit the construction of a 9- storey hotel. (Re: AM- 41/2003, Canop Investments Limited) 2004 -18 A by -law to amend By -law No. 94 -292, with respect to an existing food catering and take -out business, which amended By -law No. 79 -200. (Re: AM- 47/2003, 6398 Montrose Road /Graham Street) 2004-19 A by -law to amend By -law No. 79 -200, to permit only a single- detached dwelling. (Re: AM- 47/2003, V. Marinelli) 2004 -20 A by -law to provide an interim levy of realty taxes. 2004 -21 A by -law to appoint an auditor. 2004 -22 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Limited Parking, Yield Signs at Intersections, Speed Limits on Highway; Part 2- 60 /km /hr. One Way Highways) 2004-23 A by -law to authorize an application to The Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls for the City's share for the construction of the Community Centre. 2004-24 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of January, 2004. Carried -15- January 19, 2004 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the following by -laws be now read a second and third time: 2004 -12 A by -law to provide for Appointments to certain Boards, Commissions and Committees. 2004 -13 A by -law to amend By -law No. 70 -69, to recognize the size of an existing accessory building. (Re: AM- 46/2003, 9006 Netherby Rd.) WITHDRAWN A by -law to amend By -law No. 79 -200, as amended by By -law No. 2002 -201, with respect to the permitted use and location of adult entertainment parlours and body -rub parlours in the City of Niagara Falls. (Re: AM- 21/2002, City of Niagara Falls.) 2004 -15 A by -law to designate Lot 29 and Block 59 on Registered Plan No. 59M -201 not to be subject to part lot control. 2004 -16 A by -law to establish Part 2 on Reference Plan 59R -12261 as a public highway, to be known as and to form part of Weinbrenner Road. 2004 -17 A by -law to amend By -law No. 79 -200, to permit the construction of a 9- storey hotel. (Re: AM- 41/2003, Canop Investments Limited) 2004 -18 A by -law to amend By -law No. 94 -292, with respect to an existing food catering and take -out business, which amended By -law No. 79 -200. (Re: AM- 47/2003, 6398 Montrose Road /Graham Street) 2004 -19 A by -law to amend By -law No. 79 -200, to permit only a single- detached dwelling. (Re: AM- 47/2003, V. Marinelli) 2004 -20 A by -law to provide an interim levy of realty taxes. 2004 -21 A by -law to appoint an auditor. 2004 -22 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Limited Parking, Yield Signs at Intersections, Speed Limits on Highway; Part 2- 60 /km /hr. One Way Highways) 2004 -23 2004 -24 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of January, 2004. Banning of CeII Phones in Change Rooms Arena Report A by law to authorize an application to The Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls for the City's share for the construction of the Community Centre. NEW BUSINESS Carried Alderman Jim Diodati asked about cell phones equipped with cameras not being permitted in change rooms. The Director of Parks, Recreation and Culture advised that a policy statement was being prepared banning the use of such phones in City facilities. Alderman Jim Diodati requested an update on the arena report. The Director of Parks, Recreation and Culture advised that staff would be meeting with the consultants to review their recommendations, arranging a public meeting with major ice users in the latter part of February and bringing back a report sometime in March. Letter of Condolence READ AND ADOPTED, ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that a letter of condolence be forwarded to the family of the late Basil Earle Schumacher, past president of the Niagara Falls Horticultural Society and member of the Environmental Planning Committee. Carried Unanimously. Watermain Breaks /Stanley Avenue McLeod Road Alderman Joyce Morocco requested further information on the issue of the broken watermains not having been replaced when the road from Marineland Parkway to Portage Road had been reconstructed. The Chief Administrative Officer provided clarification on the decision. Following the discussion, it was ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that a report be provided to Council on the matter. Carried Unanimously. January 19, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the meeting be adjourned. Carried Unanimously. DEAIV I 'A, ITY CLERK R. T. (TED) SALCI, MAYOR