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AND
Information package of background history.
Correspondence from Jean Peter Grandoni.
February 23, 2004 Council Minutes
1. That Council consider the endorsement of policy Option B for permitting residential
development on the subject lands and protecting existing natural areas having
regard to the detailed assessment of issues outlined in the report;
2. That, alternatively, Council may wish to consider undertaking an independent
assessment of the subject woodlands to determine the significance and degree of
environmental protection warranted.
The City Solicitor recommended that the matter be deferred as the applicant had
filed applications for Official Plan Zoning By -law amendments and it would be advisable
to deal with all applications in total. It was explained that a report would come to a future
Council meeting and proper public notice would be given.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the
matter be deferred. The motion Carried with Alderman Wing voting contrary to the motion
and with all others voting in favour.
Ms. Carol Johnson, 4994 Kingston Avenue, expressed her displeasure at Council's
decision for deferral.
Ms. Jean Grandoni requested information as to the notification process and the
Director of Planning Development provided clarification on the matter.
PD- 2004 -15 Chief Administrative Officer Re: Official Plan Zoning By -law
Amendment Application; AM- 01/2004, 6057 Drummond Road; Applicant: Bev
Hodgson; Agent: Richard Brady, Planner; Proposed Conversion of an Existing
Dwelling. The report recommends the following:
1. That Council approve the application to amend the Official Plan and Zoning By -law
to permit a law office and Chiropractic office within the existing dwelling together
with one dwelling unit, as interim uses;
2. That the amending zoning by -law include provisions regulating the location and floor
area of the user, landscaped open space and maximum number of parking spaces
to be provided;
3. That concerned neighbours be invited to participate in the site plan approval
process.
AND
Communication No. 16 Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the Official Plan and Zoning By -law
amendment; but requests that the Region's exemption letter be forwarded prior to formal
approval.
The City Clerk advised that a public meeting was being convened to consider a
proposed amendment to the City's Official Plan and Zoning By -law to permit a law office
and chiropractic office and one dwelling unit at 6507 Drummond Road. He further advised
that the Notice of the Public Meeting had been given by First Class mail, in accordance
with the Planning Act on January 23, 2004 and by posting a sign on the property in
question. He informed that anyone wishing to receive notice of the passage of the zoning
by -law amendment, or to participate in the site plan process, if so applicable, should leave
their names on the sign -in sheets outside the Council Chambers.
-4-
February 23, 2004 Council Minutes
The Director of Planning and Development discussed the subject property though
the use of posted sketches, reviewed the the recommendation report and advised that it
was an appropriate use of land, and that staff were recommending approval.
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.
There was a negative response to Mayor Salci's request for comments.
Mr. Richard Brady on behalf of the applicant, advised that extensive discussions
had been held with the neighbours, which had resulted in changes being made to the
actual layout of the property and he requested that Council adopt staffs recommendations
in order that his client can move forward with the development.
Since no further comments were forthcoming, His Worship Mayor Salci declared the
Public Meeting with regard to AM- 01/2004 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the correspondence be received and filed. Carried Unanimously.
PD- 2004 -17 Chief Administrative Officer Re: Official Plan Zoning By -law
Amendment Application; AM- 02/2004, 4407 Montrose Road; Applicant: Rosemary
Cordasco; Proposed Conversion of Existing Building. The report recommends that
Council approve the application to amend the Official Plan and Zoning By -law to permit the
establishment of an office for a chiropractor and registered massage therapist within the
existing building at 4407 Montrose Road.
AND
Communication No. 17 Regional Niagara, Planning Development Department.
The communication advises as not being opposed to the Official Plan and Zoning By -law
amendment; but requests that the Region's exemption letter be forwarded prior to formal
approval.
The City Clerk advised that a public meeting was being convened to consider a
proposed amendment to the City's Official Plan and Zoning By -law to permit the
establishment of an office for a chiropractor and registered massage therapist within the
existing building at 4407 Montrose Road. The City Clerk advised that the Notice of the
Public Meeting had been given by First Class mail, in accordance with the Planning Act on
January 23, 2004 and by posting a sign on the property in question. He informed that
anyone wishing to receive notice of the passage of the zoning by -law amendment, or to
participate in the site plan process, if so applicable, should leave their names on the sign -in
sheets outside the Council Chambers.
The Director of Planning and Development discussed the subject property though
the use of posted sketches, reviewed the recommendation report and that the application
for conversion was a reasonable request. Staff were recommending approval.
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.
There was a negative response to Mayor Salci's request for comments.
Since no further comments were forthcoming, His Worship Mayor Salci declared the
Public Meeting with regard to AM- 02/2004 closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the correspondence be received and filed. Carried Unanimously.
PD- 2004 -21 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 03/2004, SW Quadrant of Kalar Road Brown Road; Applicant:
Heartland Forest; Agent: Richard Brady, Planner; Heartland Forest Resort, First
Phase. The report recommends that Council approve the requested Zoning By -law
amendment in order to permit the establishment of 100 recreational vehicle /trailer sites and
a multi -use building as the first phase of development for the Heartland Forest Resort.
AND
Communication No. 18a) (HANDOUT) Thomson Rogers, Barristers and Solicitors,
on behalf of Cytec Canada Inc. The communication expresses several concerns and
advises that Cytec wishes to ensure that any development being approved in the vicinity
of Cytec does not compromise the ability of Cytec to utilize its lands for the Heavy
Industrial uses for which its lands are zoned, including the phosphene plant which is in
close proximity to Heartland Forest. AND Communication No. 18b) (HANDOUT)
The communication advises that Regional comments state that a stormwater channel was
being proposed to collect stormwater into Thompson Creek which is owned by Cytec. The
communication advises of the need for the applicant to address this matter prior to passing
of the rezoning.
The City Clerk advised that a public meeting was being convened to consider a
proposed amendment to the City's Official Plan and Zoning By -law to permit the
establishment of 100 recreational vehicle /trailer sites and a multi -use building as the first
phase of development for the Heartland Forest Resort. He advised that the Notice of the
Public Meeting had been given by First Class mail, in accordance with the Planning Act on
January 23, 2004 and by posting a sign on the property in question. He informed that
anyone wishing to receive notice of the passage of the zoning by -law amendment, or to
participate in the site plan process, if so applicable, should leave their names on the sign -in
sheets outside the Council Chambers.
The Director of Planning and Development discussed the subject property though
the use of posted sketches; he advised that a height revision had been made from a
2- storey multi -use building to a 3- storey multi -use building, that the application meets and
exceeds the technical requirements of the Official Plan and the issues raised by Thomson
Rogers, Solicitors would be addressed through the site plan process and advised that staff
were recommending approval.
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.
Ms. Margaret Kimmel, a Chippawa resident asked what the "theme" of the theme
park would be and expressed environmental concerns and concerns over the number of
golf courses being approved.
-5-
February 23, 2004 Council Minutes
-6-
February 23, 2004 Council Minutes
Mr. Richard Brady, Planner, explained that substantial studies had been done and
through the applicant's efforts a significant wetland had been identified, and not by the
Ministry of Natural Resources, defining the area as Resort Commercial was an acceptable
compromise, storm water was not an issue due to the nature of the site, the development
is environmentally conscious and it is a family- oriented theme park with trails and a golf
course component.
Since no further comments were forthcoming, His Worship Mayor Salci declared the
Public Meeting with regard to AM- 03/2004 closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the correspondence be received and filed. Carried Unanimously.
PD- 2004 -12 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 04/2004, 3965 Main Street; Applicant: Givic Construction Inc.;
Proposed Rezoning from NC -343 to R5B to permit an 8 -Unit Apartment Building. The
report recommends the following:
1. That Council approve the requested Zoning By -law Amendment application to
permit the conversion of the existing building to an apartment dwelling subject to a
reduction in the number of dwelling units to seven;
2. That the amending by -law contain provisions recognizing the configuration of the
property and existing building and requiring the landscaping set out in this report.
AND
Communication No. 19 Carole Ann Ogilvie. The communication expresses density
concerns; advises that provision of tenant parking should be off Main Street and properly
maintained; and that snow removal should be provided by the property owner.
Communication No. 20 Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to proposed development.
Communication No. 21 J. M. Doherty. The communication expresses concerns with
respect to melting snow /water from the parking lot running toward their property.
The City Clerk advised that a public meeting was being convened to consider a
proposed amendment to the City's Official Plan and Zoning By -law to permit the conversion
of the existing building to an apartment dwelling at 3965 Main Street. The City Clerk
advised that the Notice of the Public Meeting had been given by First Class mail, in
accordance with the Planning Act on January 23, 2004 and by posting a sign on the
property in question. He informed that anyone wishing to receive notice of the passage of
the zoning by -law amendment, or to participate in the site plan process, if so applicable,
should leave their names on the sign -in sheets outside the Council Chambers.
The Director of Planning and Development discussed the subject property though
the use of posted sketches, advised that staff were recommending a reduction from 8 -units
to a 7 -unit apartment building to increase landscaping and alleviate parking concerns and
that the reduction of units would bring this proposal into compliance with the intent and
purpose of the Official Plan.
-7-
February 23, 2004 Council Minutes
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.
There was a negative response to Mayor Salci's request for comments.
Mr. Emilio Raimondo stated that his client was in agreement with staffs
recommendations and that the comments of Mr. Doherty and Ms. Ogilvie could be
appropriately addressed through the site plan process.
In response to questions raised, the Director of Planning and Development indicated
that matters such as drainage, egress and ingress, parking lot surfacing, and lighting would
be addressed through the site plan process. It was also explained that a development can
not allow rain or water to leave the property.
The Director of Municipal Works indicated that Parking Traffic staff would
investigate parking problems on Oliver Street.
Since no further comments were forthcoming, His Worship Mayor Salci declared the
Public Meeting with regard to AM- 04/2004 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
report be received and adopted and further, that the residents be included in the site plan
process. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
correspondence be received and filed. Carried Unanimously.
PD- 2004 -18 Chief Administrative Officer Re: Recommendation Report; Ascot
Woods Extension 7; Draft Plan of Subdivision 26T -11- 2003 -02 (Revised); Zoning By-
law Amendment Application AM- 38/2003; Owner: Ascot Woods Ltd. The report
recommends the following:
1. That the Ascot Woods Extension 7 Plan of Subdivision be draft approved subject
to the conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That 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.
The City Clerk advised that a public meeting was being convened to consider a
proposed amendment to the City's Official Plan and Zoning By -law to provide the
necessary land use regulations to guide the Ascot Woods Extension 7. The City Clerk
advised that the Notice of the Public Meeting had been given by First Class mail, in
accordance with the Planning Act on January 23, 2004 and by posting a sign on the
property in question. He informed that anyone wishing to receive notice of the passage of
the zoning by -law amendment, or to participate in the site plan process, if so applicable,
should leave their names on the sign -in sheets outside the Council Chambers.
T
T TV
-8-
February 23, 2004 Council Minutes
The Director of Planning and Development commented that the applicant was
proposing a 24 -lot single family subdivision as the final phase of the Beaver Valley
development; impediments such as the CN Rail require significant setbacks, berming and
buffering provisions, which were included as Conditions of Subdivision Approval; staff were
recommending approval subject to those conditions.
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.
Mr. Peter Grandoni stated that he was not opposed to the development but was
concerned about storm water going to the Beaver Valley detention pond and current
blockages in the streams.
Ms. Carol Johnson, 4994 Kingston Avenue, requested further information on the
water flows from the subdivision.
The Director of Municipal Works indicated that the stormwater retention facility was
located adjacent to Kalar Road, the northwest corner of the Highway 420 extension and
was piped under Kalar Road and advised that all the flows from the subdivision were
directed to the stormwater retention facility.
Mr. Brian Sinclair, Solicitor reviewed the proposal and advised that Beaver Valley
Extension subdivisions and the Ascot Woods Extension had received MOE approval; he
mentioned that the Regional Planning and Development Department had originally had
concerns over the low density of the subdivision but these had been resolved.
Since no further comments were forthcoming, His Worship Mayor Salci declared the
Public Meeting with regard to AM- 38/2003 closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
PD- 2004 -13 Chief Administrative Officer Re: Site Plan Application; SPC- 31/2002,
5382 Robinson Street at the Jolle y Cut; Applicant: Canadian Niagara Hotels:
Proposed Hotel Development. The report recommends that Council endorse the site
plan application for a 23- storey hotel at 5382 Robinson Street.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
PD- 2003 -16 Chief Administrative Officer Re: SWC- 02/2001, Sidewalk Cafe Lease;
Goodfello's (Danny O's), 6383 Drummond Road; Termination of Sidewalk Cafe
Lease. The report recommends the following:
1. That Council terminate the lease, dated July 19, 1995, between Daniel Markarian
(carrying on business in the name and style of Goodfello's Deli n Cafe) and the
Regional Municipality of Niagara, to which the Corporation of the City of Niagara
Falls is the successor;
2. That Council authorize staff to proceed with the removal of the existing structure,
located within the road allowance, six (6) months from the giving of written notice
to the lessee.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that the
report be received and adopted. Carried Unanimously.
-9-
February 23, 2004 Council Minutes
PD- 2004 -19 Chief Administrative Officer Re: Draft Plan of Vacant Land
Condominium; File: 26CD -11- 2003 -02; Kalar Road (East Side), North of Costabile
Drive; Block 66, Registered Plan 59M -207; Owner: Pinewood Homes (Niagara) Ltd.
The report recommends the following:
1. That the Plan of Vacant Land Condominium be draft approved subject to the
conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20
days after notice of Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the report be received and adopted. Carried Unanimously.
PD- 2004 -20, Urban Development Capacities: Niagara Municipalities. The report
recommends that this report be received for the information of Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the report be received and adopted. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that the Region be advised to cease and desist from
promoting increasing densities in municipal subdivision applications as per the Smart
Growth policies handed down by the previous Provincial government. Carried
Unanimously.
REGULAR COUNCIL
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the Minutes of the Regular Council meeting of February 2, 2004 be approved as printed.
Carried Unanimously.
Alderman Campbell addressed the issue of the Dorchester Road Environmental
Assessment Update, dealt with at the previous Community Services Committee; he
reviewed correspondence received from Mr. David Hunt, the Regional Niagara Bicycling
Committee, which had identified Dorchester Road as an important bicycling route through
the City of Niagara Falls and expressed the view that there was a faulty evaluation process
of the Dorchester Road Design Alternatives.
It was ORDERED on the motion of Alderman Volpatti, seconded by Alderman
Campbell, that Council reconsider the issue of the Dorchester Road Reconstruction matter.
The motion Carried with Aldermen Morocco and Wing voting contrary to the motion and
with all others voting in favour.
In response to concerns expressed, the Chief Administrative Officer assured Council
that if there was an error that affected the results, the matter would be brought back He
advised that staff would report back on March 1, 2004.
Following some discussion, it was on the motion of Alderman Wing, seconded by
Alderman loannoni, that Mr. David Devine and Mr. Harvey Gordon be permitted to address
Council. Carried.
T
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Mr. David Devine, 4468 Queensway Gardens, stated that he was not in favour of
a 4 -lane roadway with bicycle lanes on Dorchester Road but was in favour of a 3 -lane
roadway with a bicycle lane. He expressed the view that a 4 -lane roadway should be
constructed between Frederica and Morrison Street, where the traffic congestion occurs.
Mr. Harvey Gordon, an avid cyclist, stated that he was in favour of a 3 -lane roadway
with a bicycle lane.
Following the discussion, His Worship Mayor Salci thanked everyone for their
comments.
His Worship Mayor Salci advised that a letter of condolence would be forwarded to
the family of the late Lori Bishop, on her passing due to a tragic accident.
His Worship Mayor Salci advised that a letter of condolence would be forwarded to
the family of the late Jeff Morgan, a hard working volunteer and well- respected citizen of
the community.
Municipal Utility Budget
-10-
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
February 23, 2004 Council Minutes
F- 2004 -12 Chief Administrative Officer Re: 2004 Municipal Utility Budget Approval.
The report recommends the following:
1. That City Council approve the 2004 Municipal Utility Budget;
2. That City Council approve the 2004 water and sanitary sewer rates for consumption
and monthly service charges to be effective January 1, 2004;
3. That City Council approve the Senior's Rebate program for ratepayers who are age
65 and older and are receiving federal government assistance;
4. That City Council approve the modified method to calculate monthly service charges
to an equal rate for all sizes of meters, over a transition period of three years.
Ms. Carolyn Bones, Chamber of Commerce advised that industry presently pays a
75 -1 ratio on their water bill and indicated that industry cannot continue to absorb such high
costs and continue to remain competitive and requested that Council consider the method
to calculate monthly service charges to an equal rate for all sizes of meters, be
implemented over a transition period of one year rather than the 3 -year phase in plan.
She introduced Mr. Jeff Wallace, Vice Chair, Chamber of Commerce, who
reviewed a sample of property taxes and market value assessment for residential,
commercial and industrial rate payers.
Ms. Bones referred to a 1998 Ontario Regulation No. 282 -98, which permitted
assessment changes to commercial businesses who manufacture or process a product;
she requested Council support by forwarding a letter to the Provincial government
requesting that Ontario Regulation No. 282 -98, which changed commercial businesses to
to an industrial tax classification and assessment, be reversed; she also requested that
Council consider the recommendation of approving the modified method to calculate
monthly service charges to an equal rate for all sizes of meters, over a transition period of
one year rather than the 3 -year phase in plan and to work with the Chamber to reduce
industrial taxes.
February 23, 2004 Council Minutes
On the motion of Alderman Wing, seconded by Alderman loannoni, to permit
Mr. John Beam and Mr. David Devine to address Council. Carried.
Mr. Devine indicated that he was opposed to sustaining industry both in the tax base
and in water meters.
Mr. Bean expressed the view that utilities were part of the cost of doing business.
Following the discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman Pi etrangelo, that Council forward a letter to the Provincial
government requesting that Bill No. 282 -98 be rescinded. Carried.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that
Recommendations 1, 2 and 3 be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that
Recommendation #4 be approved. The motion was Defeated
See By -law No. 2004 -48
COMMUNICATIONS
Communication No. 22 Canadian Red Cross Re: Proclamation. The communication
requests that Council proclaim the month of March, 2004 as "Red Cross Month"; and
requesting the holding of a flag raising ceremony.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the request be supported. Carried Unanimously.
Communication No. 23 Ontario Pharmacists' Association Re: Proclamation. The
communication requests that Council proclaim the week of March 1 7, 2004 as
"Pharmacy Awareness Week
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the request be supported. Carried Unanimously.
Communication No. 24 Mr. Vic Pepin, 6491 Level Avenue Re: Flag Raising.
The communication requests Council permission to raise the Franco Ontarian flag at City
Hall on March 11, 2004 at 11 a.m. symbolizing the official opening of "Le rendez -vous de
la francophonie" a celebration of the French language and culture.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the request be supported. Carried Unanimously.
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 February 2, 2004 Community Services Committee
meeting;
2. Renovations to Fire Station #6 that the design and replacement of the septic
system and cistern proceed;
3. Lundy's Lane Battlefield Traffic Study to be received for the information of Council
and that funding be sought from other levels of government;
4. MW- 2004 -26 that the parking restrictions on both sides of Coventry Road be
implemented and that the schools be notified of the changes Conflict: Aldermen
T
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February 23, 2004 Council Minutes
4. MW 2004 26 that the parking restrictions on both sides of Coventry Road be
implemented and that the schools be notified of the changes Conflict: Aldermen
Campbell and Pietrangelo;
5. MW-2004-27 that a stop sign be installed facing westbound on Fredonia Drive at
Henley Avenue;
6. MW-2004-29 that the Main Street Environmental Assessment Update be received
for the information of Council and that City staff work with the Region to make
interim improvements to the intersection;
7. MW- 2004 -30 that the Casino Roads Reconstruction Update be received for the
information of Council and that a report be prepared on the cost increases Conflict:
Alderman Wing;
8. MW- 2004 -31 Encroachment onto private property (Dritsacos) Construction of
Sidewalk, Fallsview Boulevard that the matter be deferred;
9. MW- 2004 -32 -that the McLeod Road Parking review be received for the information
of Counci I and that no stopping /parking signs be installed between Thorold
Townline Road and Beechwood Road.
New Business:
That staff investigate and prepare a report on no- stopping signs on Thorold Stone
Road at Portage Road.
MISCELLANEOUS MATTERS
Carried.
L- 2004 -10- Chief Administrative Officer Re: 1546952 Ontario Limited; purchase from
The Corporation of the City of Niagara Falls Part 4 on 59R- 12261; File No. 2004 -50.
The report recommends the following:
1. That Part 4 on 59R -12261 located south of Weinbrenner Road and east of Sodom
road, shown hatched on the Reference Plan attached as Schedule "A" (Part 4), be
declared surplus and offered for sale to the abutting owner; 1546952 Ontario
Limited, for fair market value;
2. That this will constitute notice to the public with respect to the proposed sale of Part
4 on 59R -12261 shown hatched on Schedule "A" attached, to the abutting owner,
1546952 Ontario Limited and same will be considered by Council at its meeting of
March 8, 2004, in the Council Chambers at 6:00 p.m. The contact person is the
writer of this report.
3. That a road widening, being part 3 on 59R -12261 located south of Weinbrenner
Road and east of Sodom Road shown shaded on the Reference Plan attached as
Schedule "A" (part 3), be established as a public highway, to be known as and to
form part of Weinbrenner Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the request be supported. Carried Unanimously.
L- 2004 -11 Chief Administrative Officer Re: Front Yard Obstructions; Amendments
to Fence By -Law; File: 2004 -57. The report recommends that Fence By -law No. 77 -75
be amended as set out in Schedule "A" attached hereto and further, that the Chief Building
Official be authorized to grant minor variances to the said Fence By -law.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the request be supported. 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. CD- 2004 -03, Special Occasion Permit;
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2. L 2004 09, Establishment of Public Highway, Part 1 on 59R 11421
as part of Church's Lane;
3. MW- 2004 -28, Pilot HRT Equipment Purchase;
4. MW- 2004 -36, Value for Engineering Consultant;
5. MW- 2004 -37, Watermain Replacement Kent Street, Niagara Enviro- Centre;
6. R- 2004 -09, Commercial Lease for Senior's Boutique and Craft Outlet;
7. R- 2004 -03, Proposed Cemetery Fees;
8. R- 2004 -08, Ice Resurfacing Equipment;
9. R- 2004 -10, Cell Phone /PDA Usage in Recreation Facilities;
10. R- 2004 -11, Parks, Recreation Culture Strategic Plan.
RATIFICATION OF "IN CAMERA" ACTIONS
February 23, 2004 Council Minutes
See By -law No. 2004 -42
Carried
See By -law No. 2004 -43
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the
actions taken in the In Camera session, earlier this evening, be approved.
1. Official Plan Zoning By -Law Amendment Appeal, 6753 Lyon's Creek Road
(AM- 35/2002) That the City Solicitor be authorized to attend at the OMB hearing
and withdraw the appeal of Rizvic regarding proposed Amendment and that the
Clerk be authorized to execute Minutes of Settlement.
2. Collins Concessions Ltd. Lease That staff be authorized to commence
proceedings to permanently close part of former Mcleod Road as shown hatched
cross hatched on schedule A and an appraisal be obtained for the part of former
Mcleod Road;
2004 -39
BY -LAWS
February 23, 2004 Council Minutes
3. Armoury Building on Victoria Avenue that the Federal Government staff be
advised that the City is no longer interested in acquiring ownership of the Niagara
Falls Armoury; that staff advise Dr. Afrukhteh that the City will no longer accept his
donation because of lack of adequate space to store and display the artworks; and
that the matter of the Armoury be referred to the Heritage Master Plan process;
4. Postponement of cost sharing Agreement for Harvey Ho, Regency Hotel
that the City postpone its rights and interests in the Servicing Agreement to a new
first mortgage in favour of the State Bank of India (Canada) with respect to 8128
Mountain Road;
5. Agreement of Purchase and Sale to sell part of Stanley Business Park to
1149962 Ontario Limited (Matovic lands) that the City offer the identical
Agreement of Purchase Sale that was terminated two weeks ago, with the
exception that the purchaser shall have 120 days from the date of the offer, which
is today's date, to perform its due diligence; and with all other matters being
adjusted accordingly; and further, if that is not satisfactory to the propo sed
purchaser, then such documents as reflect the intention of Council in that regard.
6. That Council supports Management's rights to deal with personnel matters.
The motion Carried with Alderman Wing voting contrary to the motion dealing with the
Armoury matter and to Management's rights matter; Alderman Kerrio abstained from the
vote on the matter dealing with the purchase and sale of Stanley Business Park due to a
conflict of interest and Alderman Campbell abstained from the vote on the Armoury matter
because he resides in the area.
His Worship Mayor Salci received a negative response to his request on whether
there was anyone present that had an interest in the lands being sold as per by -law 2004 -39.
Hearing none, a motion to introduce the by -laws was requested.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
leave be granted to introduce the By -laws and the By -laws be read a first time:
A by -law to authorize the conveyance of Parts 2 and 10 on Reference Plan
59R- 12076, Part 10 subject to R0182711, to The Regional Municipality of
Niagara, for $34,840.00.
2004 -40 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.
2004 -41 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and
traffic on City Roads. (Parking Prohibited, Yield Signs at Intersections, stop
Signs at Intersections, Through Highways)
2004 -42 A by -law to amend By -law No. 77 -75, being a by -law to prescribe the height
and description of lawful fences.
2004 -43 A by -law to establish Part 1 on Reference Plant 59R -11421 as a public
highway, to be known as and to form part of Church's Lane.
2004 -44 A by -law to authorize the execution of a Renewal Licence Agreement with Her
Majesty the Queen, in Right of the Province of Ontario as represented by the
Chair of the Management Board of Cabinet respecting a renewal of existing
Licence Agreements for parking and recreational purposes on Swayze Drive.
2004 -45 A by -law to amend By -law Nos. 79 -200 and 2002 -113, to permit a residential
plan of subdivision. (Re: AM- 37/2003, Orchard Grove West Extension Draft
Plan of Subdivision)
2004 -46
2004 -47 A by -law to establish Part 3 on Reference Plant 59R -12261 as a public
highway, to be known as and to form part of Weinbrenner Road.
2004 -48
2004 -39
2004 -45
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February 23, 2004 Council Minutes
A by -law to amend By -law No. 79 -200, to bring a legal non conforming golf
course into conformity with By -law No. 79 -200 and to guide its future
development and to permit two one family detached dwellings to be rented to
the travelling public. (Re: AM- 43/2003, Niagara Falls Golf Course Ltd. Kenneth
Roy Moore)
A by -law to amend By -law No. 2000 -268, being a by -law to regulate the supply
of water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
2004 -49 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 23 day of February, 2004.
The motion Carried with Alderman Wing voting contrary to By -law No. 2004 -46 and with all
others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the following by -laws be now read a second and third time:
A by -law to authorize the conveyance of Parts 2 and 10 on Reference Plan
59R- 12076, Part 10 subject to R0182711, to The Regional Municipality of
Niagara, for $34,840.00.
2004 -40 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.
2004 -41 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and
traffic on City Roads. (Parking Prohibited, Yield Signs at Intersections, stop
Signs at Intersections, Through Highways)
2004 -42 A by -law to amend By -law No. 77 -75, being a by -law to prescribe the height
and description of lawful fences.
2004 -43 A by -law to establish Part 1 on Reference Plant 59R -11421 as a public
highway, to be known as and to form part of Church's Lane.
2004 -44 A by -law to authorize the execution of a Renewal Licence Agreement with Her
Majesty the Queen, in Right of the Province of Ontario as represented by the
Chair of the Management Board of Cabinet respecting a renewal of existing
Licence Agreements for parking and recreational purposes on Swayze Drive.
A by -law to amend By -law Nos. 79 -200 and 2002 -113, to permit a residential
plan of subdivision. (Re: AM- 37/2003, Orchard Grove West Extension Draft
Plan of Subdivision)
2004 -46 A by -law to amend By -law No. 79 -200, to bring a legal non conforming golf
course into conformity with By -law No. 79 -200 and to guide its future
development and to permit two one family detached dwellings to be rented to
the travelling public. (Re: AM- 43/2003, Niagara Falls Golf Course Ltd. Kenneth
Roy Moore)
G.S.T. Rebate to Municipalities
Deterrents at Toll Gates
Donations of Skeins of Wool
Council Agendas
Congratulations
2004 -47 A by -law to establish Part 3 on Reference Plant 59R -12261 as a public
highway, to be known as and to form part of Weinbrenner Road.
2004 -48 A by -law to amend By -law No. 2000 -268, being a by -law to regulate the supply
of water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
2004 -49 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 23r day of February, 2004.
The motion Carried with Alderman Wing voting contrary to By -law No. 2004 -46 and with all
others voting in favour.
NEW BUSINESS
Alderman Victor Pietrangelo referred to the Federal government's announcement
regarding rebating Municipalities the G.S.T. on essential services and enquired whether staff
had calculated on how much the City would benefit by this announcement. The Director of
Finance advised that the amount could be as much as $900,000 in G.S.T. savings.
Alderman Victor Pietrangelo referred to the recent tragedy which had resulted in the
death of Mrs. Lori Bishop and enquired whether a friendly suggestion could be forwarded to
the Bridge Commission indicating that they look at some type of barricades or deterrents
at Toll Gates to stop a moving vehicle from crashing through. The Mayor reported that he
and been at meetings with the Bridge Commission and the issues surrounding the recent
tragedy had been discussed.
February 23, 2004 Council Minutes
Alderman Selina Volpatti requested that anyone that has unused full skeins of wool
to make Christmas gifts for cancer patients, contact Mrs. Carmela Calaguiro with their
donation.
Alderman Vince Kerrio expressed concerns that receiving the Council Agendas late
Friday did not provide ample time for review. He was advised by the CAO that staff were
looking at various alternatives for consideration.
His Worship Mayor Salci congratulated Alderman Selina Volpatti and her husband Ed
on the recent birth of their 6 grandchild.
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ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
V-kiP
DEAN IORP1DA ICITY CLERK R. T. (TED) SALCI, MAYOR
February 23, 2004 Council Minutes