Loading...
2004/03/22SEVENTH MEETING IN CAMERA SESSION Committee Room #2 March 22, 2004 Council met on Monday, March 22, 2004 at 5:30 p.m. in an In Camera Session. All members of Council, with the exception of Alderman loannoni, were present. Alderman Vince Kerrio presided as Chair. Following consideration of the items presented, the In Camera session reported in open session. READ AND ADOPTED, PLANNING MEETING DEAN 'A, i ITY CLERK R. T. (TED) SALCI, MAYOR Council Chambers March 22, 2004 Council met on Monday, March 22, 2004 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council were present. Alderman Carolynn loannoni offered the Opening Prayer. Following the Opening Prayer, Mr. Rick Richardson, Niagara's premiere classical guitarist sang the National Anthem. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary interest on Report PD- 2004 -29, because of the Niagara Parks involvement and she owns property with a Niagara Parks employee. Alderman loannoni indicated a conflict of interest on an "In Camera" matter. Aldermen Campbell indicated pecuniary interests on Report MW- 2004 -48, from the Community Services Committee meeting, because he is employed by the Niagara District School Board. Alderman Pietrangelo indicated pecuniary interest on Report MW- 2004 -48, from the Community Services Committee meeting, because he is employed by the Niagara Catholic District School Board. His Worship Mayor Salci indicated a conflict of interest on Report PD- 2004 -29. Club Italia Ladies Auxiliary DEPUTATIONS March 22. 2004 Council Minutes Margeurita Radice and Mary Fruci on behalf of Club Italia's Ladies Auxiliary provided information on the 5th Annual fundraising dinner to be held on April 4, 2004, in support of the GNGH New Emergency Department Campaign and extended an invitation to members of Council and the community to attend. Niagara Community Foundation Ann Louise Branscombe, President and Board Chair, Niagara Community Foundation provided a brief overview on the creation of the Foundation and its role and objectives. She introduced Liz Palmieri, Executive Director, Niagara Community Foundation who discussed the impact of the Foundation on the community and provided information on the endowment funds and grants that have been awarded to date. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the information be received and filed. Carried Unanimously. PLANNING MATTERS PD- 2004 -29 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 44/2003, Surface Commercial Parking Lots. The report requests that Council defer consideration of the above noted matter until May 17, 2004, in order to allow staff to work with interested local stakeholders to deal with issues raised. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be deferred. The motion Carried with Alderman Wing and Mayor Salci declaring conflicts previously noted. Communication No. 30 D.L. Enterprises, Re: AM -09/2004, Re: Zoning By -law Amendment Application. The communication requests deferral on AM- 09/2004, Zoning By -law Amendment Application at 6177 McLeod Road; Proposed four -Unit Apartment. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the matter be deferred at the request of the applicant. Carried Unanimously. PD- 2004 -23 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 07/2004, 6362 Maitland Avenue; Applicant: Janice Mariglia; Proposed Bed and Breakfast Operation. The report recommends that Council approve the requested Zoning By -law amendment application to permit the existing single detached dwelling at 6362 Maitland Avenue to be used as a tourist home (bed and breakfast accommodation) containing no more than three bedrooms for tourists. -AND Communication No. 31 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed zoning by -law amendment. -3- March 22, 2004 Council Minutes -AND Communication No. 32 Ann and Peter John Stokes. The communication expresses concerns with regard to the proposed parking and provides some solutions to those concerns. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to permit the existing single detached dwelling at 6362 Maitland Avenue to be used as a tourist home (bed and breakfast accommodation) containing no more than three bedrooms for tourists. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on February 20, 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 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 advised that the proposal was within the intent of the Official Plan respecting bed and breakfast accommodation; he indicated that the site had sufficient lot area for parking and amenity space, the residential character of the property would be maintained and increased green space had been added since the applicant's original application and staff were recommending approval. In response to questions raised, the Director of Planning and Development advised that the concerns of Mr. and Mrs. Stokes had been addressed. 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- 07/2004 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. PD- 2004 -24 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 48/2003, 6289 Fallsview Boulevard; Applicant: Nancy McIntosh; Agent: Emilio Raimondo; Proposal to Eliminate Meeting Rooms. The report recommends that Council approve the requested Zoning By -law amendment application to eliminate meeting rooms from the existing Best Western Fallsview Hotel at 6289 Fallsview Boulevard. -AND Communication No. 33 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposal. The City Clerk advised that a public meeting was being convened to consider a proposed site specific amendment to the City's Zoning By -law amendment application to eliminate meeting rooms from the existing Best Western Fallsview Hotel at 6289 Fallsview Boulevard. -4- March 22, 2004 Council Minutes He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on February 20, 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 the proposal did not offend the Tourist Commercial policies of the Official Plan. The Director explained that the applicant wanted to build an addition, which would have meant the elimination of parking spaces; as the meeting rooms in the facility were not being used, their elimination would allow the applicant to meet parking requirements and proceed with the expansion of their retail/ restaurant space. 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. Emilio Raimondo, in attendance on behalf of the applicant, commented that the by -law, as presently structured, defines two residential type of buildings, hotels and motels, and that there was nothing within the by -law that defines variables and suggested that staff look at modifying the definitions of the by -law regarding hotels and motels and meeting rooms. In response to questions raised, the Director of Planning and Development stated that the zoning by -law was 25 years old and was currently the subject of a complete review. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 48/2004 closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -27 Chief Administrative Officer Re: Golia Estates Draft Plan of Subdivision; File: 26T -11- 2004 -01; Owner: Nicola Golia. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for review of the Golia Estates Draft Plan of Subdivision. The City Clerk advised that Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on March 5, 2004. His Worship Mayor Salci advised that the purpose of the Public Meeting was to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning and Development staff would consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. He advised that there would be no decisions made at this evening's Council meeting and that the applicant has been invited to attend the Public meeting to provide an overview of the subdivision proposal. -5- March 22, 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. Mr. Nick Golia provided a brief overview of the proposal to subdivide a 5.77 acre parcel into 25 lots for single- detached dwellings; he stated that the property was located on the east side of Stanley Avenue and north side of Portage Road and advised that no negative comments had been received with the exception of the three lots fronting onto Stanley Avenue. Mr. Golia indicated that it had been recommended that those lots should have a larger set back along with a turn around driveway. Ms. Levy, 2225 Portage Road, requested further information as to the type of development that was being proposed. She was advised accordingly and told that no decision was to occur this evening. Concerns were expressed regarding access onto Stanley Avenue, the traffic impacts, and Stanley Avenue being a major truck route. There was a negative response to Mayor Salci's request for further comments. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to Golia Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that the matter be referred to staff. Carried Unanimously. PD- 2004 -05 Chief Administrative Officer Regional Chair's Agricultural Task Force Discussion Paper Securing a Legacy for Niagara's Agricultural Land, A Vision from One Voice. The report recommends that this report be forwarded to the Regional Chair's Agricultural Task Force as the City's preliminary comments on the Agricultural Task Force Discussion Paper. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD- 2004 -26 Chief Administrative Officer Re: New Provincial Planning Initiative Amendments to the Planning Act; The Greenbelt Protection Act and Provincial Zoning Order. The report recommends that this report be received for information purposes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. PD- 2004 -28 Chief Administrative Officer Re: Secord Mills, Draft Plan of Condominium; File: 26CD -11- 2004 -01; Owner: 1546952 Ontario Limited. The report recommends the following: 1. That the Secord Mills Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plans 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. -6- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. BUDGET MATTERS March 22, 2004 Council Minutes F- 2004 -19 Chief Administrative Officer Re: Optimist Club Request. The report recommends that the financial request of the Optimist Club be referred to final budget deliberations. Mr. Mike Carey, Past President, Optimist Club, provided a brief history of the Optimist Club; he indicated that the Club had to expand to create revenue. He stated that a major building addition was proposed and the Club was requesting a grant of $750,000.00 over a 2 -3 year period from the City of Niagara Falls. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be referred to the 2004 Budget process. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Special Budget Minutes of March 1, 2004 be approved as printed. Carried Unanimously. Alderman Wing requested that the Minutes of March 8, 2004 be amended to reflect her absence from the In Camera Session on March 8, 2004. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that the Minutes of March 8, 2004 be approved as amended. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Salci acknowledged Ms. Mary Elizabeth Vaccaro, a 13 -year old honors student attending Notre Dame School, who was one of 20 students that had been chosen from across Ontario to be a Page at Queens Park for the spring session. He advised that a letter of congratulations had been forwarded to Mary Elizabeth Vaccaro on behalf of Council for her accomplishment. His Worship Mayor Salci advised that a meeting had been held with Chief Gary Nicholls and District Commander, Inspector Lorne Lillico dealing with matters of prostitution, traffic congestion and grow houses. Circus Fun Fair His Worship Mayor Salci referred to the successful Free Circus Fun Fair held by Mayor's Youth Advisory Committee on March 17, 2004 at the Boys and Girls Club and expressed his appreciation to Lori Albanese, Parks, Recreation Culture; Joanne Nett, Boys and Girls Club and Alderman loannoni for their involvement in the event. March Break Activities His Worship Mayor Salci expressed his appreciation to Mr. Vito Scaringi, Parks, Recreation and Culture and to Ms. Connie Nesbitt, Manager of Niagara Square for providing various fun activities for the children during the recent March break. Bridge Closure His Worship Mayor Salci advised that the Portage Road Bridge, over Highway 420, between Stanley Avenue and Drummond Road, would be closed in both directions due to demolition. He advised that construction of the structure would last until September, 2004. Public Budget Workshops March 22, 2004 Council Minutes His Worship Mayor Salci advised that Public Budget Workshops have been scheduled for March 29 at 7 p.m. at the Chippawa Lions Hall and on April 7 at 7 p.m. at the Optimist Hall. He indicated that these sessions would provide an opportunity for the residents to understand where their tax dollars were being spent and to provide an opportunity to provide input and to make comments. Additional Items for Council Consideration: The City Clerk advised of an additional handout by -law, to permit a 4 -unit dwelling at the corner of Stanley Church's Lane, for Council consideration. The City Solicitor responded to questions raised with regard to the by -law and stated that Council had approved the legalization of an illegal apartment, provided that the applicants comply with the request of entering into a site plan agreement, road widening and the construction of a fence. He indicated that the applicants had now complied with all the requests, hence the reason the by -law was coming forward at this time. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the matter be deferred and that a report be brought back to Council with the history surrounding the by -law. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the Minutes of February 23, 2004 Community Services Committee meeting; 2. Claws and Paws Animal Rescue that the animal operation cease and be given proper time to adopt out the animals Aldermen Morocco and Wing opposed; and further, that staff report on the status of the Niagara Greyhound Rescue and other animal operations that might be present in the residential areas. Alderman Wing opposed; -8- March 22, 2004 Council Minutes 3. BBS- 2004 -01 Imax Theatre Fallsview Boulevard, Request for Variance to the Sign By -law that the Imax Theatre sign by -law variances be approved; 4. MW- 2004 -34 Residential All -way Stops, Revised Policy Procedures that the revised document "Policy and Procedures for Initiating, Reviewing and Implementing an All -Way Stop Control" be adopted; 5. MW- 2004 -48 North Street Lowell Avenue, Intersection Control Review that an additional crossing guard be hired for the intersection of Portage Road and North Street Aldermen Campbell and Pietrangelo, conflicts; Communications: 1. That the Mayor's office provide gifts to the "Rowdies Ladies Slo -Pitch team; 2. That $500.00 be given to Stephanie Pang for the Global Young Leaders conference. New Business: 1. That staff respond to the resident who raised concerns about curbing at Dunn Street and Betty Avenue and the lack of a directional sign to the highway at Dunn Street and Dorchester Road; 2. That staff contact the Ministry of Transportation (MTO) regarding condition of Highway 420 at Montrose Road. Carried 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. F- 2004 -20, Statement of Remuneration and Expenses for Member of Council and Commissions. The report recommends for the information of the Municipal Council. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the Niagara Falls Hydro Holding Corp., be requested to provide a Statement of 2003 Board Member Remuneration and Expenses to Council for the next Council meeting. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, to approve the balance of the recommendations contained on the Consent Agenda. Carried Unanimously. 1. CD- 2004 -07, Special Occasion Permit that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report; 2. L- 2004 -16, Licence Agreement with The Bruce Trail Association for Part of Township Lot 5; part of road allowance between Gore Lot between Township of Stamford Niagara and part of Township Lot 7 Stamford; lying between Mewburn Road and DP362; AND to proceed with permanently closing an unopened road allowance as described; -9- March 22, 2004 Council Minutes 3. L 2004 18, Permanently Closing Part of Brock Street and conveyance of an unopened Road Allowance to Abutting Owners that staff be authorized to commence proceedings to permanently close the southerly 262 feet (approximately) of an unopened road allowance known as Brock Street, being part of Plan 338, Willoughby, located west of Niagara River Parkway and north of Sherk Road, shown in heavy outline on the Plan attached as Schedule "a" (subject lands); 4. L- 2004 -19, Pattison Outdoor, a Division of Jim Pattison Industries Ltd., Licence Agreement with The Corporation of the City of Niagara Falls, Lot 175, being Part 19 on 59R -3044 and obtaining blanket authorization to process and renew existing Easement Licences existing outdoor advertising Licence Agreements. Carried. RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the actions taken in the In Camera session, earlier this evening, be adopted. That an Offer to Purchase in the amount of $95,178.17 from 456941 Ontario Ltd operating business as Silvestri Investments, for city -owned lands located on the west side of the Girls Home for Soccer, west of Kalar Road, east of Garner Road and north of McLeod Road, being part of Part 1 on Reference Plan 59R- 12214, shown hatched on Schedule "A" attached. ('subject lands be considered by Council at the meeting of April 5, 2004 and that a Notice of the proposed sale be given in the Niagara Falls Review in accordance with By- law No. 2003 -02. Carried. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -62 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 A by law to amend By law No. 2004 01, being a by law to permanently close part of a highway. (Part of Lane lying between Victoria Avenue and Acheson Avenue and Leader Lane and Ferguson Street) 2004 A by law to establish Part 1 on Reference Plan 59R 12350 as a public highway, to be known as and to form part of Kalar Road. 2004 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22 day of March, 2004. Carried ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the following by -laws be now read a second and third time: 2004 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 A by -law to amend By -law No. 2004 -01, being a by -law to permanently close part of a highway. (Part of Lane lying between Victoria Avenue and Acheson Avenue and Leader Lane and Ferguson Street) 2004 -64 A by -law to establish Part 1 on Reference Plan 59R -12350 as a public highway, to be known as and to form part of Kalar Road. 2004 -65 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22"' day of March, 2004. User Fees at Coronation Recreation Centre Alderman Victor Pietrangelo referred to correspondence received from Mr. George Barrett expressing concerns on the user fees at the Coronation Recreation Centre. He commented that he would be bringing the matter back to the next Council meeting. Hemophilia Society of Canada Alderman Jim Diodati advised that the Hemophilia Society of Canada would be holding a luncheon on March 26 2004 from 11:30 to 1:30 at the Stamford Lions Club and invited everyone to attend. Benefit for Anthony Diodati Alderman Jim Diodati advised that a benefit was being held in support of Anthony Diodati at Club Italia on April 15, 2004 from 6:00 11:00 p.m. and extended an invitation to the community to attend this worthwhile fundraising event. Letter of Condolence ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that a letter of condolence be forwarded to the family of the late Rick Watson, a well- respected member of the community. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, NEW BUSINESS March 22. 2004 Council Minutes Carried et DEAN 10 A, LITY CLERK R. T. (TED) SALCI, MAYOR