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2004/04/19NINTH MEETING IN CAMERA SESSION Committee Room #2 April 19, 2004 Council met on Monday, April 19, 2004 at 5:45 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Morocco, who was away on business. Alderman Victor Pietrangelo presided as Chair. Following consideration of the items presented, the In Camera session did not rise to report in open session. PLANNING MEETING Council Chambers April 19, 2004 Council met on Monday, April 19, 2004 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Morocco, who was away on business, were present. Alderman Victor Pietrangelo offered the Opening Prayer. Following the Opening Prayer, Ms. Natalie Audibert, a lifetime resident of Niagara Falls, sang the National Anthem. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on correspondence from the District School Board of Niagara regarding Garner Estates Phase 5 Draft Plan of Subdivision, because the District School Board of Niagara is his employer. Alderman Diodati indicated a pecuniary interest on Report PD- 2004 -32, because the applicant is his landlord. Alderman Kerrio indicated a pecuniary interest on Report PD- 2004 -38, because he has an interest in the Industrial Park. His Worship Mayor Salci indicated a pecuniary interest on Report PD- 2004 -38. PLANNING MATTERS PD- 2004 -37 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 45/2003; 6269 and 6293 Dorchester Road; Applicant: 1211990 Ontario Inc., Agent: Richard Brady, Planner; Proposed Three Storey Apartment. The report recommends the following: 1. That Council not approve the development application as presently constituted; 2. That the developer be encouraged to address the concerns raised in this report with respect to reducing densities, alternative building forms and further resident input. -2- April 19, 2004 Council Minutes AND Communication No. 34 Richard F. Brady, Urban Environmental Management Inc. The communication provides a brief update on considerations for the proposed development. AND Communication No. 35 Darcy Raven James Beauparlant, 6345 Dorchester Road. The communication expresses opposition to the proposed zoning amendment. -AND Communication No. 36 Robert Shelagh Lalonde, 6918 coach Drive. The communication expresses opposition to the proposed zoning amendment. -AND Communication No. 37 Ernest Dragonette, 6292 Brookfield Avenue. The communication expresses opposition to an apartment building in the area. AND Communication No. 38 Eugene R. Oatley Patricia C. Oatley, 6270 Brookfield Avenue. The communication expresses opposition to the proposal. -AND Communication No. 39 Joan London, 6050 Clare Crescent. The communication expresses height concerns; property devaluation; lack of privacy; noise and odours from barbeques. The communication advises that only a low rise development would be acceptable. -AND Communication No. 40 Chris Mary Antaya, 6219 Dorchester Road. The communication expresses opposition to the proposed rezoning. AND Communication No. 41 Dr. V. and Mrs. J. Vasic, 6358 Brookfield Avenue. The communication advises as not being opposed to having single family detached homes similar to those existing in the neighbourhoold being developed. AND Communication No. 42 Klaus Dunker, 6311 Dorchester Road. The communication advises as being opposed to the proposed application. AND Communication No. 43 Cheryl Slater, 6243 Dorchester Road. The communication advises as being opposed to the application. 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 a 25 -unit, three storey apartment building at 6269 and 6293 Dorchester Road. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Acton March 19, 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 on February 17, 2003, the applicant had proposed a 29 -unit, three storey apartment but that the application had been denied. -3- April 19, 2004 Council Minutes He advised that the new application had a reduction in building height and in number of units to 25. The side yard setbacks had been improved; he stated that the City's policy indicates that any form of redevelopment or infilling should be sensitive to the area on which it is located. He advised that the area residents have indicated that the use was still too dense and that this form of development was an intrusion on the neighbourhood. The Planner stated that staff were recommending not to approve this development as presently constituted, but have the developer go back and work with the area residents and come up with a reasonable infilling residential development that meets the objectives of the Official Plan and is satisfactory to the area residents. 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 positive response to Mayor Salci's request for comments. Ms. Helen Henderson, 6239 Brookfield Avenue, on behalf of the residents in the Dorchester Road and the Brookefield /Clare Crescent Circles area, advised that residents are strongly objecting to the proposed development because it was still too intrusive for the well established neighborhood, that only minimal changes had been made, that a 3 storey building with balconies would be an invasion of privacy, that the additional 25 vehicles would create more traffic problems on Dorchester Road and that the developer had not listened seriously to their concerns. She indicated that the residents would support upscale townhouses or single-family dwellings at this location and urged Council to support their request. Mr. Eugene Oatley, 6270 Brookfield Avenue. advised that he was not against infilling but was opposed to this type of development and expressed traffic and privacy concerns. Mr. Ernie Dragonette, 6292 Brookefield Avenue, commented on the lack of privacy and indicated that this was a single family residential area and that it should remain that way. Ms. Karen Murphy, 6259 Dorchester Road, expressed opposition to the development; she advised that she had recently purchased the property for the enjoyment of the large lot size with her children and its natural setting. She expressed the view that the development would affect her enjoyment of her property. Ms. Rita Hachey, 6278 Dorchester Road, on behalf of her father, advised that the residents in the area have pride of ownership and have invested a lot of time and money in their homes; this development would be of no benefit to the neighbours. Mr. Richard Brady, Planner, on behalf of the applicant, expressed the view that this was a controversial development but with Provincial and Regional policies regarding in- filling, there would be more of these typoe of applications in the future; he commented on the traffic concerns expressed and advised that Dorchester Road was an arterial road and the place where medium and higher density residential development should be located; Mr. Brady advised that during the meetings held with area residents, alternative plans had been shown, but he expressed the view that the residents only wanted a single family development in the area. He advised that there will be some form of change at this site, stated that significant improvements have been made in terms of height reduction and unit reduction and indicated that he would like to sit down and work out a solution with the area residents. -4- April 19, 2004 Council Minutes The Director of Planning Development spoke to the Official Plan policies regarding in- filling and re- development. He indicated that larger lots will inevitably be redeveloped either through consensus or the adjudication process through the Ontario Municipal Board. It was noted that a consent application to sever the property, that had been denied, was going to the O.M.B. Since no further comments were forthcoming, Mayor Salic declared the Public Meeting with regard to AM- 45/2003 closed. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -34 Chief Administrative Officer Re: Official Plan Zoning Amendment Application; AM- 06/2004, Part Township Lot 8, Biggar Road; Applicant: River Edge Holdings (Bob Robinson); Agent: Tom Richardson, Solicitor; Proposed Contractor's Shop /Office and Yard. The report recommends the following: 1. That Council maintain its planning program of requiring industrial uses to be located in Industrial designated areas within the Urban Area Boundary; 2. That Council deny the requested Official Plan and Zoning By -law amendment applications for a proposed contractor's shop /office and yard on the north side of Biggar Road, west of Morris Road. -AND Communication No. 44 Chuck Karen Farrell. The communication expresses concerns regarding truck and equipment traffic; noise and violation of privacy. The City Clerk advised that a public meeting was being convened to consider a proposed Official Plan and amendment to the City's Zoning By -law to permit a contractors' shop /office and yard on the north side of Biggar Road, west of Morris 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 March 19, 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, a small piece at the front of the entire parcel, though the use of posted sketches, reviewed the Recommendation report and stated that there are three applications that are being applied for: a Regional Official Plan Amendment; a local official Plan Amendment and a Zoning By- law change. He advised that the business operation was one that provides a cleaning business for sanitary sewers and urban service facilities; the Planner advised that trees have been removed, that a driveway and parking facilities have been established, that the building has been staked out and a pond has been located for fire protection purposes; he commented that this type of development should be located in an urban area. A number of urban locations had been proposed but were not acceptable to the applicant. Staff was also concerned that there had been no indication that other uses on the Robinson property would cease. The staff were recommending denial of the project; in the alternative, if Council were to approve the application then they should institute the safeguards as presented in the recommendation report, and referred to #2 safeguard specifically. 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. -5- April 19, 2004 Council Minutes There was a positive response to Mayor Salci's request for comments. Ms. Lori Lococco, 4617 Buckley Avenue, expressed noise concerns and dirt left from all the trucks. Tom Richardson, Solicitor, provided a brief overview of the location of the business and of the services provided; he advised that there was no outside storage of materials on the current site or the subject site, that what was removed was mere scrub growth and that no complaints had ever been received by the City regarding the operation of the current site; Mr. Richardson indicated that the new parcel will eliminate access problems currently experienced on Grassy Brook. He stated that the proposal was to relocate the yard from its current location to the Biggar Road site, that staff have requested that the use of the leased lands for the contractor's business would cease and indicated that the applicant was prepared to agree to the transfer of all of his operations from the CKTB lands to the subject site within one year of approval of the application. Mr. Richardson advised that an arborist had been retained to allow for screening aand preservation of mature trees. He requested Council's approval and support of the application. In response to questions raised, Mr. Richardson advised that the applicant would agree to Conditions #1, 3, #4, and #5 and with regard to Condition #2 that the applicant agrees to cease the use of the current lands within one year of approval of the application and return it to a rural use. In response to concerns expressed, Mr. Richardson commented that his client made it a practice of maintaining very clean equipment. Since no further comments were forthcoming, Mayor Salic declared the Public Meeting with regard to AM- 06/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, to approve the application with the Conditions as listed and conditional on the successful completion of Condition #2. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -31 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 14/2004, 6876 Thorold Stone Road; Applicant: Petro Canada; Proposed Retail Store Accessory to a Gasoline Bar. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to permit a retail store as an accessory use to a redeveloped gasoline bar on the subject lands; 2. That Council pass the amending by -law appearing in Council's agenda. -AND Communication No. 45 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment, provided that an y requirements of the Regional Public Works Department are implemented. -6- April 19, 2004 Council Minutes 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 a retail store as an accessory use to a redeveloped gasoline bar. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on March 19, 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 proposed retail /convenience store was in conformity with the Official Plan. He indicated that the proposal reflected the new style of gas stations, that buffering would remain and staff were recommending approval of the application. 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 positive response to Mayor Salci's request for comments. Mr. Julian Yang, Manager, Lee Mart, 6850 Thorold Stone Road, expressed traffic concerns and indicated there had been two accidents in the area; he questioned the benefit of the development. Mr. Steve Leonard, 3940 Dorchester Road, referred to traffic and safety issues, expressed the view that having another convenience store would not compliment existing businesses in the area, suggested that consideration be given to having a right -hand turn on Dorchester Road and stated that the residents were in support of the existing convenience store. He requested that the proposal be declined. The Director of Municipal Works advised that staff were finalizing the Dorchester Road Environmental Assessment, which proposes widening of the intersection, traffic islands to restrict movements to control left -hand turns and improvements to the signals. Mr. Rick Jacques, Manager of Club Fitness, expressed traffic concerns and questioned the need for another convenience store in the area. He requested that Council decline the proposal. Mr. John Kim, 6308 Frederica Street, a teacher at St. Paul High School expressed concerns over the safety of students crossing the intersection. Mr. Greg Dell, Dell Associates Planning Consultants, advised that the gas station needed to be revitalized with expansion for storage, offices and washrooms. He felt that the renovations would actually remove traffic concerns, that landscaping would remain and that there was excess parking on -site. Mr. David Weaver, Manager, Petro Can Real Estate Division, advised that the new layout would give a better flow of traffic and provided information on the reconfiguration of the gas pumps. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 14/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the report be received and adopted, and further that the area business owners be involved in the site plan process. Carried Unanimously. -7- April 19, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2004 -82 PD- 2004 -32 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 15/2004, 5881 Thorold Stone Road; Applicant: Muller Properties Ltd., Proposed Recreational Use (Indoor Soccer Dome). The report recommends the following: 1. That Council approve the Zoning By -law amendment application to permit a recreational use (indoor soccer dome) to be established on the subject lands conditional on the completion of a traffic and parking study to the satisfaction of Municipal Works; 2. That the amending by -law restrict the use of the parcel to a recreational use only, subject to the site specific standards outlined in this report and include a "Holding" provision which is to be removed when Provincial environmental requirements are satisfied. -AND Communication No. 46 Richard Bevington, 3701 Sinnicks Avenue. The communication advises as not supporting the choice of site; expresses concerns regarding insufficient parking to handle the amount of vehicles the complex would attract; also, cars parked along Sinnicks Avenue in the winter, would restrict the effectiveness of the snow plow; and advised that due to the increased amount of players and spectators, there would be an increased amount of noise and garbage in the area. -AND Communication No. 47 Joseph De Lazzer. The communication outlines a number of concerns for Council's consideration; the height of the soccer dome; security lighting; noise generated by the airflow system; the insufficient number of parking spaces and the increased traffic and the amount of increased activity around 6:00 a.m. on the weekends. -AND Communication No. 48 Paul Serafino, 5888 Keith Street. The communication expresses concerns with respect to the operation of heavy machinery in the backyard, which creates noise, poor air quality (exhaust and dirt). The communication also requests notification of any decision of the Committee of Adjustment. 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 a recreational use (indoor soccer dome) at 5881 Thorold Stone 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 March 19, 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 and reviewed the Recommendation report to permit an indoor soccer dome with the balance of the site to be retained for industrial uses. -8- April 19, 2004 Council Minutes He indicated that the property was under utilized, that concerns expressed by the residents regarding buffering, lighting, parking and fencing could be addressed through the site plan process, that the Municipal Works Department was requesting a traffic study to look at the egress and ingress onto Sinnicks Avenue and parking requirements. He indicated that staff felt this would be a positive improvement to the neighbourhood and 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 positive response to Mayor Salci's request for comments. Mr. Andrew Porciello, 3734 Sinnicks Avenue advised that the elevation of the property had been raised, causing water runoff onto his property and others in the area; he expressed health concerns due to the creosote storage and requested that environmental soil testing be conducted; with regard to the application, he had noise concerns, expressed concerns on the visual impact of a 36 -foot dome next to his property and felt the parking was insufficent. Mr. Porciello referred to the traffic on Sinnicks Avenue and felt there should be four -way stops. He was opposed to the application. Mr. Peter Corfield, 3806 Sinnicks Avenue, advised that he would not be directly affected and was, guardedly in support of the application; with regard to the property he expressed over its deterioration, sight pollution and presence of railroad ties. Concerning the application, he felt a residential use would be preferential, however, he was hopeful that the soccer dome operators would be better neighbours. Mr. Andrew Howcroft, 7412 Nathan Crescent, on behalf of the Niagara Falls Girls Soccer Club, enquired whether Niagara Falls could support two soccer facilities. Mr. Ron Lavell, 3762 Sinnicks Avenue, indicated drainage problems because of the property build up. He expressed health concerns regarding storage of creosote railway ties on the property and requested soil contamination sampling be performed; Mr. Lavell indicated that he would like to see an improvement made to the property and requested that a buffer zone be implemented and that he be part of the site plan process. The Director of Planning Development advised that the Region had commented that a Phase I Environmental Assessment study had been prepared for this property and since the back part of the property had been used for storage, the Region recommended that a Phase II Environmental Report and a Record of Site Conditions be a condition of approval for the severance application; he commented that the City was making a condition in putting a "holding" zone category on this approval and that the Environmental Clearance was very important before the land use was to take place and ensure that the environmental work is done. Mr. Joseph DeLazzer, 5922 Keith Street presented a petition from the residents on Keith Street in opposition to the zoning application. Ms. Francis Valerie, 5907 Keith Street advised that the residents on Keith Street were concerned with the industrial use of the remaining property. Mr. Joe Kutlesa, for the applicant, provided a brief outline of the project and advised that this was a joint venture project between Soccer World Hamilton and Soccer World London. The project was originally slated for St. Catharines. He advised that the facility caters to all age groups involved in various sports activities, that peak hours would be in the early evening and that there would be no alcohol sold. -9- April 19. 2004 Council Minutes Mr. Kutlesa indicated that he would like to work with the neighbourhood residents to ensure that the site was maintained. He responded to questions raised dealing with noise levels in the dome and commented that he would be purchasing the property after the severance was obtained. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 15/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted, that soil contamination testing be performed on the appropriate properties and that the neighbours be involved in the site plan process. The motion Carried with Alderman Diodati abstaining from the vote on a conflict of interest previously noted, and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. Alderman Kerrio left Chambers on a conflict of interest previously noted. x x x His Worship Mayor Salci declared a conflict of interest and relinquished the Chair. Alderman Wayne Campbell assumed the Chair. PD- 2004 -38 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 13/2004, 5755/5795 Thorold Stone Road; West Side of Stanley Avenue (north of Thorold Stone Road); Applicant: 1578891 Ontario Ltd., Proposed Industrial Development. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to provide site specific Light Industrial (LI) zoning for the lands; 2. That the amending by -law include a "Holding" provision on the vacant Stanley Avenue site which is to be removed when Provincial environmental requirements are satisfied. AND Communication No. 49 Arnold Traven, Minerva General Contractors. The communication expresses concerns regarding the proponent's neighbouring property which was altered in elevation without a proper wall and fencing, which promotes the gathering of debris and snow. AND Communication No. 50 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the proposed Amendment, provided that the matters discussed in the communication be addressed. 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 site specific Light Industrial zoning for the west side of Stanley Avenue and the north side of Thorold Stone 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 March 19, 2004 and by posting a sign on the property in question. -10- April 19, 2004 Council Minutes 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. Alderman loannono vacated Chambers due to illness. The Director of Planning and Development discussed the subject property though the use of posted sketches and reviewed the Recommendation report he advised that the Property was being "down zoned" from General Industrial to Light Industrial zoning. The trucking operation would be extended, while severances were applied for to create individual lots. He further indicated that this particular property had some contamination and that environmental studies are required. A "holding" provision would be part of the by- law and only removed when the environmental requirements were satisfied. Staff were recommending approval. Acting Mayor Alderman Wayne Campbell advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Acting Mayor Alderman Campbell's request for comments. Arnold Traven, 5743 Thorold Stone Road, advised that he was not opposed to the application. He did express concerns that the land adjacent to his property had been raised creating water run off onto his property. Mr. Traven suggested that a proper retaining wall be constructed. Mr. Al Heywood, for the applicant, advised that a topographic plan had been done and a Storm Water Management Study will be conducted for the property. He stated that the development would be a definite improvement to the area and that he was looking forward to the application being approved. Since no further comments were forthcoming, Acting Mayor Alderman Campbell declared the Public Meeting with regard to AM- 13/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted and that Minerva Construction be included in the site plan process. The motion Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. Alderman Kerrio returned to the meeting. His Worship Mayor Salci resumed the Chair. PD- 2004 -39 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 10/2004, 8675 Montrose Road; Applicant: Simo Bielich; Request to Locate a Body -Rub Parlour Within an Existing Hotel. The report recommends the following: -11- April 19, 2004 Council Minutes 1. That Council only approve the Zoning by -law Amendment application to locate a body -rub parlour within the existing hotel building, on a temporary basis for a period not exceeding two years; 2. That the amending by -law contain site specific standards as outlined in this report. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to locate a body -rub parlour within the existing hotel building at 8675 Montrose 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 March 19, 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 and reviewed the Recommendation report. The applicant requested an amendment to permit a body -rub parlour within a portion of the existing building on the property. Currently, the zoning by -law would only permit a body rub parlour in a free standing structure. He advised that the request qualified with the Official Plan policies for body -rub parlours and that the passing of the by -law on a two -year temporary basis would allow the City to review the impacts the body -rub parlour may have and that staff were recommending approval. Discussion ensued with respect to signage and site specific regulations for this property. The City Solicitor indicated that a condition could be imposed on the license indicating that any sign application be brought forward for Council's 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 positive response to Mayor Salci's request for comments. Mr. John Claude Royer, 8841 Montrose Road, expressed opposition to the proposal. Mr. Simo Bielich, the applicant, advised that he had no objections to the staff recommendation report and commented that the sign would be placed at the south part of the building and that it would be discreet. Since no further comments were forthcoming, Mayor Salic declared the Public Meeting with regard to AM- 10/2004 closed. On the motion of Alderman Campbell, seconded by Alderman Diodati, that the application be denied. The motion was Defeated with the following recorded vote: NAYE:Aldermen Kerrio, Pietrangelo, Volpatti, Wing and Mayor Salci. AYE: Aldermen Campbell and Diodati. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted and that as a condition of the licence, any sign application be brought back for Council's approval. The motion Carried with Aldermen Campbell and Diodati voting contrary to the motion and with all others voting in favour. -12- Alderman Pietrangelo vacated Council Chambers. April 19. 2004 Council Minutes PD- 2004 -36 Chief Administrative Officer Re: Public Meeting; Garner Estates Phase 5 Draft Plan of Subdivision; Owner: River Realty Development (1976) Inc. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff ro review of the Garner Estates Phase 5 Draft Plan of Subdivision. -AND Communication No. 51 DistrictSchool Board of Niagara. The communication requests that the time limit for submission be extended in order that the Board can consider a recommendation on the Garner Estates Phase 5. The City Clerk advised that a notice had been given by First Class mail, in accordance with the Planning Act on April 2, 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 had been invited to attend the Public meeting to provide an overview of the subdivision proposal. Mr. John Mestek, on behalf of River Realty Development provided a brief overview of the proposed Garner Estates Phase 5 Draft Plan of Subdivision; he advised that this property represents an extension of the previously approved Garner Estates Phase 1, 2, 3, 4 Subdivision located on the east side of Garner Road, north of McLeod Road and is under 20 acres in size. The proposed development entails 102 single family lots and one semi detached lot. He expressed the view that Garner Estates Phase 5 was a sound proposal and an appropriate extension of the previous approved Garner Estate Phase 1 4 subdivision; he indicated that this development will assist the City in their desire to further encourage development in the Garner Secondary Plan neighbourhood. There was a positive response to Mayor Salci's request for comments. Fred Peck, 7160 Garner Road, questioned why Phase 5 was being considered before Phase 4 was completed; he expressed concerns with regard to the issue of drainage and fencing. Mr. Mestek responded that this was the planning process for Phase 5 and that the servicing for Phase 4 was currently being reviewed. Since no further comments were forthcoming, Mayor Salic declared the Public Meeting with regard to Garner Estates Phase 5 Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the comments be referred to staff. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. BUDGET MATTERS Mr. Clyde Carruthers, Trails Bikeway Committee requested Council's consideration of the Trails Bikeway's Committee request that the necessary funds for the construction of Phase II of the Millennium Trail be allocated in this year's budget. -13- April 19, 2004 Council Minutes -AND Communication No. 52 Mr. Gord Singleton, 3560 Cardinal Drive. The communication expresses support of the Trails Bikeway Committee's efforts and indicates how important the development of the recreational trails are to the community. Alderman Pietrangelo returned to Council Chambers. The Chief Administrative Officer presented and provided a brief overviewofthe draft of the 2004 Capital Budget; he requested feedback be provided over the next few weeks, and indicated that the matter would be discussed at the May 3, 2004 Council meeting ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, to proceed past 11 o'clock. Carried Unanimously. Mr. Russell Boles, Environmental Planning Greening Committee, provided a power point presentation on "Investment in Beautification" in the City and reviewed the following topics: horticulture and planting, hard landscaping, road street design, signage, trees, heritage conservation, public and private landscaping, the 5 -year implementation plan, and the Park in the City concept. Discussion ensued with respect to funding the beautification project from the capital portion of the budget and that $50,000 was available toward the project. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Council pre approve an additional $200,000 for the beautification projects. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. REGULAR MEETING ADOPTION OF MINUTES Alderman Wing requested that the Minutes of April 5, 2004 be amended to reflect that the motion dealing with Pesticide Herbicide Use, read as follows: "that a report come back to Council on any possible negative economic impacts to the tourist industry". Alderman Wing further requested that the motion dealing with the Coronation 50 Plus Recreation Centre's existing fee structure be reconsidered and repealed. Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, to reconsider the motion of April 5, 2004, on Report R- 2004 -18 which read "that the matter of the existing fee structure be deferred until the Annual General Meeting at the Coronation 50 Plus Recreation Centre The motion Carried with Aldermen Campbell and Volpatti voting contrary and with all others voting in favour. It was ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the motion of April 5, 2004, on Report R- 2004 -18, which read "that the matter of the existing fee structure be deferred until the Annual General Meeting at the Coronation 50 Plus Recreation Centre" be repealed. The motion Carried with Aldermen Campbell and Volpatti voting contrary and with all others voting in favour. -14- April 19, 2004 Council Minutes Discussion ensued regarding removal of the 50 cent fee being imposed at the Coronation 50 Plus Recreation Centre. Ms. Shirley Edwards, Chair, Coronation 50 Plus Recreation Centre, Mr. George Barrett and Shirley Fisher were in attendance and spoke to the issue and the Coronation Centre, in general. Following further discussion, it was ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the matter be deferred until staff comes back with a report. The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that the Minutes of April 5, 2004 be approved as amended. Carried Unanimously. Public Budget Forums His Worship Mayor Salci thanked the public, staff and Council for their involvement and input during the recent public budget forums and advised that the workbook was now posted on -line. He advised that a considerable amount of public input had been received so far. Tourism Funding Sudden Storm MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS Many Hands Project St. John's Ambulance His Worship Mayor Salci advised that St. John's Ambulance was the recipient of the Many Hands Project this year; he thanked Canadian Tire Financial, Niagara College and the volunteers that had been involved in the very successful project. Mayor's Company /Plant Visits His Worship Mayor Salci advised of his recent Conagra, Vincor, Kraft and ALO Manufacturing plant visits. His Worship Mayor Salci advised that Tourism Minister, the Honourable Jim Bradley had announced over $2 million in funding for Niagara Falls Tourism through the Ontario Tourism Marketing Partnership; he also advised that this was an opportunity for Niagara to promote itself in 25 major US markets, a T.V. program was proposed and a joint venture with US Air. His Worship Mayor Salci referred to the recent, sudden freak storm that occurred on Sunday morning, April 18 and advised that staff were working non -stop to clean up the broken trees and debris. The Niagara Book -15- April 19, 2004 Council Minutes His Worship Mayor Salci congratulated Mr. George Bailey on his recent publication entitled "The Niagara Book, Facts, Figures and the Famous Niagara Health System His Worship Mayor Salci referred to the response received from the Niagara Health System regarding Council's recent discussions on future hospital facilities in Niagara and anticipated that the matter would be addressed under New Business. COMMUNICATIONS Communication No. 53 Victorian Order of Nurses Re: Proclamation. The communication requests that Council proclaim the week of May 17 -23, 2004 as `National VON Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. Communication No. 54 Memorandum from the City Clerk Re: Proclamation. The communication requests that Council proclaim the week of May 2 -8, 2004 as `Emergency Preparedness Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. Communication No. 55 Parks, Recreation Culture Re: Proclamation. The communication requests that Council proclaim April 30, 2004 as "Arbor Day". ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. Communication No. 56 Joseph Montgomery Consultants Re: Canadian Cancels featuring Niagara Falls Centennial. The communication refers to Canada Post's program whereby municipalities can have a special Canadian Cancel and suggests the City's participation celebrating the City's Centennial. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, to approve the request. 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 the March 22, 2004 Community Services Committee meeting; 2. That the parking restrictions and paid parking on Main Street between Stanley Avenue Allendale Avenue be implemented; 3. That the parking restrictions on Oliver Street be implemented; 4. That the parking restrictions of the south side of St. Mary's Street be implemented; -16- 5. That the parking restrictions be implemented on Corwin Avenue; and further that staff investigate and report back to Council with recommendations on a heavy vehicle restriction on Corwin Avenue; 6. That the City relocate the fire hydrant in front of Lot 24 Greenfield Crescent to a suitable location Opposed: Aldermen Campbell and Diodati; 7. That the City charge the incremental cost and meeting room cost to host the Postal Tournament; 8. That the tender for the supply of sports lighting equipment be awarded to Musco Sports Lighting and that staff be directed to work with Niagara Falls Hydro to complete the asphalt paving of the park entrance; 9. That arena fees be waived for International T.V. Turnoff Week; April 19, 2004 Council Minutes 10. That staff investigate and report to Committee on "No Parking" restrictions on Vegter Court; 11. That staff investigate the cost involved in instituting street numbers on street name signs; 12. That staff investigate the implementation of parking meters in non residential areas of Spring Street; 13. That staff contact the Region and request that the area of 420 Highway ramp from Victoria Avenue be cleared of litter; 14. That staff contact local utility companies, the Region and the MTO requesting them to clear their properties of litter. Carried. FS- 2004 -09 Chief Administrative Officer Command Vehicle Purchase. The report recommends that Council authorize the purchase of a Command vehicle from Lightning Equipment Sales Ltd. at a total cost of $42,600.00 plus taxes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L- 2004 -21 Chief Administrative Officer Re: Peterson Community Workshop Association (Chippawa) and The Corporation of the City of Niagara Falls Lease Amendment. The report recommends that the City enter into a Lease Amendment Agreement with Peterson Community Workshop Association (Chippawa) "Peterson which Lease Amendment Agreement is attached hereto as Schedule "A Ms Faye Andrews, Chairperson, Peterson Community Workshop was in attendance and provided a brief overview of the Peterson Community Workshop and thanked Council and staff for their continued support. Following the presentation, it was ORDERED on the motion of Alderman Diodati, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. -17- April 19, 2004 Council Minutes 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 -08, Municipal Election Finances; 2. F- 2004 -22, Approval of Spending Limits, Prior to the Approval of the 2004 Budget Estimates; 3. F- 2004 -23, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act; 4. F- 2004 -24, Development Charges, 2003 Financial Information; 5. F- 2004 -25, 2003 Reserves and Reserve Funds; 6. F- 2004 -26, 2003 Capital Accounts; 7. F- 2004 -27, Major Receivables Quarterly Report; 8. MW- 2004 -68, Contract 2004 -04, Tender 2004 Asphalt Patching; 9. PD- 2004 -33, 2003 Housing Monitoring Report; 10. R- 2004 -13, Patrick Cummings Memorial Sports Complex, Phase IB, Landscape Development, Tender TR- 04/2004. Carried. BY -LAWS His Worship Mayor Salci received a negative response to his request on whether there was anyone present that had any concerns with regard to By -law No. 2004 -76, the closing of the former McLeod Road. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 76 A by -law to permanently close part of a highway. 2004 77 A by -law to authorize the acceptance of a Transfer /Deed of Land respecting the transfer of lands for public highway purposes, being Part of Lots 101 and 102 Geographic Township of Stamford, designed as Part 3 on Plan 59R -9036, City of Niagara Falls "subject lands from The Regional Municipality of Niagara, for nominal consideration. 2004 -78 A by -law to establish Part of Lots 101 and 102 Geographic Township of Stamford, designated as Part 3 on Plan 59R -9036, City of Niagara Falls as a public highway, to be known as and to form part of Beaverdams Road. -18- April 19, 2004 Council Minutes 2004 -79 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004 -80 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 -81 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. 2004 -82 A by -law to amend By -law No. 79 -200, to permit a gasoline bar and an accessory retail store on the southeast corner of Thorold Stone Road and Dorchester Road. 2004 -83 A by -law to provide for the approval of an amendment to the City of Niagara Falls Official Plan (OPA #52, Hodgson, 6057 Drummond Road) 2004 -84 A by -law to amend By -law No. 79 -200, to permit two offices and a dwelling unit (AM- 01/2004, Hodgson, 6057 Drummond Road) 2004 -85 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19`" day of April, 2004. Carried 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 -76 A by -law to permanently close part of a highway. 2004 -77 A by -law to authorize the acceptance of a Transfer /Deed of Land respecting the transfer of lands for public highway purposes, being Part of Lots 101 and 102 Geographic Township of Stamford, designed as Part 3 on Plan 59R -9036, City of Niagara Falls "subject lands from The Regional Municipality of Niagara, for nominal consideration. 2004 -78 A by -law to establish Part of Lots 101 and 102 Geographic Township of Stamford, designated as Part 3 on Plan 59R -9036, City of Niagara Falls as a public highway, to be known as and to form part of Beaverdams Road. 2004 -79 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004 -80 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 -81 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. 2004 -82 A by -law to amend By -law No. 79 -200, to permit a gasoline bar and an accessory retail store on the southeast corner of Thorold Stone Road and Dorchester Road. 2004 -83 A by -law to provide for the approval of an amendment to the City of Niagara Falls Official Plan (OPA #52, Hodgson, 6057 Drummond Road) 2004 -84 A by -law to amend By -law No. 79 -200, to permit two offices and a dwelling unit (AM- 01/2004, Hodgson, 6057 Drummond Road) Dumping of Garbage Alderman Jim Diodati expressed concerns regarding the amount of garbage that is being dumped in our community and suggested that if residents witness any individuals dumping garbage that they take down the licence plate number and report it to the City. -19- April 19. 2004 Council Minutes 2004 -85 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day of April, 2004. Carried Niagara Health System NEW BUSINESS Alderman Jim Diodati referred to the response from the Niagara Health System and suggested that a public meeting be held with representatives from the Public Health System, local doctors from the Niagara Medical Service and representation from the Ministry of Health; he suggested that the meeting be broadcast on Cogeco. It was noted that staff would set up a date and location for the meeting. Following the discussion, it was ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo, that staff set up a date and location for a public meeting, outside of a Council meeting, to be held with representatives from the Public Health System, local doctors from the Niagara Medical Service and representation from the Ministry of Health and to be broadcast by Cogeco. Carried Unanimously. Posting of 2003 Municipal Election /Candidates Financial Statements Alderman Wing made a motion that staff proceed with the scanning and indexing of the Election /Candidates Financial Statements for entry into laser fiche and that a link be placed in the appropriate spot on the elections section of the City web page. There was no seconder to the motion. Smoke free By law Niagara Falls Tourism J Alderman Janice Wing referred to her attendance at the Region's Public Health Services Committee, where the committee recommended to deny the City's request to rescind By -law 2002 -22, a By -law to regulate smoking in public places and workplaces. She felt that the by -law, instead of imposing blanket restrictions and creating an unlevel playing field by exempting some types of establishments and not others, should give bar owners the choice of being either a smoking or a totally smoke -free premises ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that a resolution be forwarded to the Region to amend the Region's By -law 2002 -22 to allow licensed establishments the choice to be smoking or completely, smoke free and that a copy of the resolution be forwarded to the Province. Carried. Alderman Wayne Campbell commented Niagara Falls Tourism plays a positive role in bringing attractors to the City but it might be the time to have their funding reassessed. He suggested that a meeting be set up through the Mayor's Office to look at Niagara Falls Tourism's funding and the possibility of the 3% room tax. April 19, 2004 Council Minutes Alderman Vince Kerrio commented that he would like to participate in the discussions and that the tourist business community should have the opportunity to address the various issues. Following the discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Wing, that a meeting be set up through the Mayor's Office with interested Aldermen, representatives from the BIA's and Niagara Falls Tourism to investigate the possibility of reducing funding to the organization and to address the 3% room tax. Carried Unanimously. Shriner's Creek Park Alderman Victor Pietrangelo referred to correspondence and a petition received from Mrs. Valerie Cahill regarding Shriner's Creek Park. The letter outlined vandalism, improper activities and requested that the platform be removed. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the removal of the platform at Shriner's Creek Park be referred to staff for investigation and that the Niagara Regional Police be requested to patrol the park on the weekends and into the summer. Carried. Dollars for the City's Infrastructure Alderman Pietrangelo commented on the uniqueness of our community, the monies that the economic and tourist activity in Niagara Falls contribute to the coffers of the Provincial and Federal governments, the wear and tear on infrastructure from the 14 million visitors the City hosts annually and the decrease in grants from the senior levels of government. The Mayor commented that he had asked staff for a report on the City's infrastructure and suggested that though the senior levels of government might be reluctant to give money to the municipality, perhaps funds could be earmarked for specific infrastructre projects. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that a report on the wear and tear on the City's infrastructure be prepared and with the information the City approach the senior levels of government to receive assistance. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the meeting be adjourned Carried Unanimously. READ AND ADOPTED, *2efrIA- -20- DEAN IORFID CI CLERK R. T. (TED) SALCI, MAYOR